• Journal of Korea Trade
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• v.24 no.2
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• pp.31-52
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• 2020

Purpose - This study mainly investigates two potential legal regimes expected to govern the use of electronic bills of lading: the Rotterdam Rules (2009) and the UNCITRAL Model Law on Electronic Transferable Records (2017). Widespread use of electronic bills of lading has been unsuccessful partly due to the absence of a uniform legal regime and protracted uncertainties. This paper aims to carry out an assessment of the possibilities where either of two potential legal regimes could provide certainty to the effect and validity of the use of electronic bills of lading, and contribute to the facilitation of electronically transferring the rights to goods carried by sea. Design/methodology - This paper first introduces two legal instruments and the relevance to electronic bills of lading. Since neither of these legal instruments has yet entered into force, the following section looks into the ratification or enactment possibilities based on a literature review and track records of the past legal regimes of the same kind. Assessment of the different adoption possibilities further requires comparative work of the two legal instruments, which will be based on an analysis of relevant provisions and a literature review. The literature review on the Rotterdam Rules delves into various studies and data produced since the UNCITRAL's adoption in 2009. The literature review on the UNCITRAL Model Law on Electronic Transferable Records heavily relies on UNCITRAL working group documents from 2011 to 2017 together with the final explanatory note. Findings - The main findings can be summarized as follows. Application of the Rotterdam Rules would negate the role of the UNCITRAL Model Law on Electronic Transferable Records assisting in the implementation of the Rotterdam Rules due to some conflicting issues. Enactment of the UNCITRAL Model Law alone can sufficiently provide a higher level of certainty in the use and effect of electronic bills of lading so long as lawmakers and parties are aware of some issues with the application. What concerns potential users most is the extension of the status quo, where neither of the legal instruments have any effect. It is necessary to take a number of alternatives into consideration, such as promotion of standard clauses and confirmation by a court ruling. Originality/value - Existing studies focus either on the Rotterdam Rules or on the UNCITRAL Model Law, but not both. Not many papers have yet dealt with the Model Law, which was adopted by UNCITRAL only 2 years ago, particularly in the context of a potential legal regime for electronic bills of lading. This paper attempts to introduce the differences between the two legal instruments in regulating the use of electronic bills of lading while providing an assessment of the various possibilities for which parties involved in international trade can be better prepared for the changing legal environment.

• Journal of Korea Trade
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• v.24 no.6
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• pp.19-36
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• 2020

Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.

• Journal of Korea Trade
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• v.25 no.3
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• pp.21-47
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• 2021

Purpose - Offshoring has emerged as one of the major trends in international trade and has become one of the strategies for achieving competitiveness in the global market. In spite of this, the expected gains of offshoring can be offset by hidden costs and risks, such as those associated with the COVID-19 pandemic, the trade war between the USA and China, and the ongoing trade dispute between Korea and Japan. To obviate such business failure and prevent critical business blunders, offshoring strategies that efficiently consider both risk elements and potential wealth creation are urgently need. The first purpose of this study is to contribute to the development of more advanced offshoring strategies to help host countries select the best locations to manage supply chain risks and create unique value. The second purpose is to specifically analyze the current status of Korea and provide Korean companies with implications to be considered when deciding whether to offshore or re-shore. Design/methodology - A Network DEA model was applied to measure the comparative location efficiency of national competencies for offshoring strategy from perspectives of wealth creation opportunities (profitability and marketability) and supply chain risk management. The location efficiencies are compared among a total 70 countries selected from the Global Competitiveness Index (GCI) and globally attractive locations outlined by Kearney (2017). For the secondary analysis of efficiency, a t-test examining the nature of competitive advantage and the level of sophistication in production processes was implemented in three divisions. We then analyzed differences in offshoring performance in terms of the identified national traits. Moreover, Tobit regression analysis is conducted to investigate the correlation between value-added business activities and each divisional efficiency, seeking to determine how each degree of value-added business activity influences the increase in offshoring productivity. Findings - Regarding overall location efficiency for offshoring performance, only the USA and Italy were identified as being efficient as host countries for offshoring, under circumstances of advanced development, such as productivity and risk management. Korea ranks 13th among 70 countries. The determinants of national competitiveness depend on national traits (the nature of competitive advantage and business sophistication). Countries with labor/resource advantages and labor-intensive industries are more competitive in terms of marketability than others. In contrast, countries with strong technology-intensive industries benefit offshoring companies, particularly in the technology sector, with the added advantage of supply chain risk management. As the perception of a value chain is broader in a country, it can achieve both production sophistication and competitive advantages such as marketability and SCRM. Originality/value - Existing studies focus on offshoring effectiveness from a company perspective. This paper contributes to comparing country efficiency in producing core competencies related to an offshoring strategy and also segments countries into three performance-based considerations associated with the global offshoring market. It also details Korea's position as an offshoring location according to national efficiency and competency.

• Journal of Korea Trade
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• v.23 no.8
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• pp.110-131
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• 2019

Purpose - This paper investigates the implications for facilitating trade in the products of Industry 4.0. To identify the issues caused by the conflicts of policy objectives such as applying the tariff concession under the ITA and imposing the export control, by exploring the case of classification of drones. Design/methodology - We adopted a single case study method to gain a deeper understanding of the complex and multifaceted issues of Customs classification in the context of facilitating trade in the products of Industry 4.0. This study employs the case of drones to explore how these issues of Customs classification affect trade facilitation. We ensured the internal validity of the study by confirming the pattern of the results with the existing theories. Findings - Our main findings can be summarised as follows: the intrinsic nature of the products that converge several technologies causes issues in the classification. The inconsistency in product classification delays customs clearance by hindering the Customs risk-management system that pinpoints products subject to controls. To address the issues, therefore, we proposed fundamental reforms of Customs to empower themselves with management roles. Facilitating trade in the products of Industry 4.0 requires more enhanced Customs capability. Therefore, the reforms should include comprehensive capacity-building activities, such as changes in staff-trainings, promotion system, organisation and culture. Customs also need roles in robust designing of cooperative systems to compensate for the lacks of controls and to ensure concrete risk management for expedited Customs procedures. As well, by equipping the Single Window of Customs with crucial control functions of other ministries, Customs need to support the cooperation. The role of harmonising various preaudits of other ministries with its own is another essential role that ensures predictability of clearance procedure. Originality/value - There are scanty studies in the field of knowledge about what obstacles exist and what solution is available in the course of transforming to 'Industry 4.0'. In filling out the gap of knowledge, this paper is of academic significance in that it applies the research theory on trade facilitation for the specific cases of classification of the product of Industry 4.0 to verify its effectiveness and to extend the subject of the studies to the scope of Industry 4.0. It also has practical significance in that the results have provided implications for reforms of Customs procedures to facilitate trade in the products of Industry 4.0.

• Journal of Korea Entertainment Industry Association
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• v.15 no.8
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• pp.457-464
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• 2021

This study is a study on the development of board games using local cultural contents. As a prior study related to this study, basic research on board game development, research on cultural products based on cultural heritage, and storytelling development research using local cultural and tourism resources were considered. Among them, for the main purpose of board games and development process, discussions were conducted on the research methodology of Lee Dae-woong and Oh Seung-taek (2004). As a result, it was possible to successfully proceed with planning meetings, proposal preparation, board game design, board game 3D graphic production process, and prototype development. What is peculiar is that characters (dried persimmons, strawberries, jujube, and salted seafood) containing Nonsan's unique regional characteristics were searched and utilized. In addition, major cultural heritages such as Donamseowon Confucian Academy and Gwanchoksa Temple, designated as Nonsan-si cultural properties, were combined with important treasure hunt contents of board games to enhance interest and education at the same time. The theme of this paper, Nonsan, Finding Lost Treasure, is a new educational alternative that can solve the problems of computer games, and has the advantage of having the nature of community leisure play, not individual play. Based on this board game development research in the future, we intend to expect the results of game production using cultural elements from other regions.

• Journal of the Korean Society of Marine Environment & Safety
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• v.27 no.7
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• pp.1124-1128
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• 2021

As regulations of emissions from ships become more stringent, electric propulsion systems have been increasingly used to solve this problem in vessels ranging from large merchant ships to small and medium-sized ships. Methods for improving the efficiency of the electric propulsion system include the improvement of power sources; the use of a system linked to environmentally friendly power sources, such as batteries, fuel cells, and solar power; and the development of hardware and control methodology for rectifiers, power conversion devices, and propulsion motors. The method using a phase-shifting transformer with diodes has been widely used for rectification. Power semiconductor devices with grid connection to an environmentally friendly power source using DC distribution, a variable speed power source, and the application of small and medium-sized electric propulsion systems have been developed. Accordingly, the demand for active front-end (AFE) rectifiers is increasing. In this study, a method using a neural network rather than a conventional proportional-integral controller was proposed to control the AFE rectifier. Tested controller data were used to design a neural network controller trained through MATLAB/Simulink. The neural network controller was applied to a rectification system designed using PSIM software. The results indicated the effectiveness of improving the waveform and power factor DC output stage according to the load variation. The proposed system can be applied as a rectification system for small and medium-sized environmentally friendly ships.

• Journal of Korea Trade
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• v.26 no.2
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• pp.45-64
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• 2022

Purpose - This paper examines South Korea's potential status as a carbon leakage country, and the level of risk posed by the Korean emissions trading scheme (ETS) for Korean industries. The economic effects of border carbon adjustments (BCAs) to protect energy-intensive Korean industries in the process of achieving the carbon reduction target by 2030 through the Korean ETS are also analyzed. Design/methodology - First, using the Korean Input-Output (IO) table, this paper calculates the balance of emissions embodied in trade (BEET) and the pollution terms of trade (PTT) to determine Korean industries' carbon leakage status. Analyses of the risk level posed by carbon reduction policy implementation in international trade are conducted for some sectors by applying the EU criteria. Second, using a computable general equilibrium (CGE) model, three BCA scenarios, exemption regulations (EXE), reimbursement (REB), and tariff reduction (TAR) to protect the energy-intensive industries under the Korean ETS are addressed. Compared to the baseline scenario of achieving carbon reduction targets by 2030, the effects of BCAs on welfare, carbon leakage, outputs, and trading are analyzed. Findings - As Korea's industrial structure has been transitioning from a carbon importing to a carbon leaking country. The results indicate that some industrial sectors could face the risk of losing international competitiveness due to the Korean ETS. South Korea's industries are basically exposed to risk of carbon leakage because most industries have a trade intensity higher than 30%. This could be interpreted as disproving vulnerability to carbon leakage. Although the petroleum and coal sector is not in carbon leakage, according to BEET and PTT, the Korean ETS exposes this sector to a high risk of carbon leakage. Non-metallic minerals and iron and steel sectors are also exposed to a high risk of carbon leakage due to the increased burden of carbon reduction costs embodied in the Korean ETS, despite relatively low levels of trade intensity. BCAs are demonstrated to have an influential role in protecting energy-intensive industries while achieving the carbon reduction target by 2030. The EXE scenario has the greatest impact on mitigation of welfare losses and carbon leakage, and the TAF scenario causes a disturbance in the international trade market because of the pricing adjustment system. In reality, the EXE scenario, which implies completely exempting energy-intensive industries, could be difficult to implement due to various practical constraints, such as equity and reduction targets and other industries; therefore, the REB scenario presents the most realistic approach and appears to have an effect that could compensate for the burden of economic activities and emissions regulations in these industries. Originality/value - This paper confirms the vulnerability of the Korean industrial the risk of carbon leakage, demonstrating that some industrial sectors could be exposed to losing international competitiveness by implementing carbon reduction policies such as the Korean ETS. The contribution of this paper is the identification of proposed approaches to protect Korean industries in the process of achieving the 2030 reduction target by analyzing the effects of BCA scenarios using a CGE model.

• Journal of Korea Trade
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• v.26 no.1
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• pp.81-98
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• 2022

Purpose - This study aims to compare the requirements under the United Nations Convention on Contract for the International Sales of Goods (CISG) and the Korean Civil Act (KCA) regarding the buyer's right to require the delivery of substitute goods. The buyer's right to demand substitute delivery not only protect them from the seller's breach of contract but also preserves the contractual bond between the parties by providing an opportunity for sellers to protect their goodwill and circumvent the extreme remedy of avoidance. However, as substitute delivery entails additional efforts and costs for return and re-shipment, this right should not be allowed in every case of defect. Additionally, unlike the CISG, the KCA contains no specific provision related to the requirements for claiming substitute delivery. Therefore, it would be meaningful to examine and compare what requirements should be fulfilled before the buyer exercises the right in relation to non-conforming goods under the CISG and the KCA. Design/methodology - We conducted a comparative study of the requirements under the CISG and the KCA regarding the buyer's right to require delivery of substitute goods given a seller's delivery of non-conforming goods. Additionally, we referred to the opinions from the CISG Advisory Council, the draft of the KCA amendment, and related precedents, mainly focusing on the existence and severity of defects, reasonableness, and timely notice and requests as the major requirements for substitute delivery. Findings - The results of this study can be summarized as follows: First, the CISG provides more detailed requirements about the right to require delivery of substitute goods; by contrast, the KCA does not stipulate any such requirement. Thus, specific requirements for substitute delivery should be included when amending the KCA. Second, the CISG attempts to minimize overlapping and conflict with other remedies by specifying detailed requirements for the delivery of substitutes. Third, both the CISG and KCA require reasonableness for substitute delivery. Originality/value - Although there are no explicit legal requirements for substitute delivery under the KCA, there has been relatively little discussion of this issue to date. Therefore, the findings of our study can guide future revisions of the KCA to fill this loophole. Moreover, the recently released CISG Advisory Council opinion that clarifies the continuing confusion and debate, can help distinguish which remedy is suitable for a particular case. It may provide practical advice for businesspeople in international trade as well as legal implications for the future development of the KCA.

• The Korean Journal of Franchise Management
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• v.13 no.2
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• pp.17-31
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• 2022

Purpose: With the development of the Internet, consumers can quickly access the electronic word-of-mouth. Consumers seek to reduce uncertainty by referring to the opinions of other consumers about products and services when making purchase decisions. In the food service industry, evaluating a restaurant before an actual visitation is difficult. Therefore, electronic word-of-mouth is important to interact with the customer in restaurants. as it can be used as an exchange of information in which consumers participate and interact with other customers. This study was conducted to verify how online word-of-mouth characteristics (Consensus, Vividness, Neutrality) on attitudes and visit intention from the perspective of social exchange theory. And it was performed to verify the structural relationship between short-term visit intention, mid-term visit and long-term visit intention. Research design, data, and methodology: A survey was conducted on customers who have visited restaurants. Of a total of 312 responses, 306 responses were used, excluding insincere responses and missing values for factors analysis. SPSS 25.0 and AMOS 25.0 were used for statistical analysis, and hypothesis testing was conducted after verifying the validity and reliability of the questionnaire items. Result: The result of the analysis showed that, consensus and neutrality have a positive effect on attitude but not much on vividness. In addition, consensus, vividness, and neutrality have no effect on the short-term visit intention. Finally, the short-term visit intention has a positive effect on mid-term visit intention, and mid-term visit intention has a positive effect on long-term visit intention. Conclusions: Based on the results, this study suggested that it is necessary to have practical implications for marketing and monitoring restaurant reviews in consideration of the characteristics of electronic word-of-mouth. When managing electronic-word-of-mouth, it is necessary to manage the consensus and neutrality is essential to provide sufficient information about the restaurant. The focus should not only be on vividness, such as photos and videos. In addition, restaurants should also provide a good experience for first-time visitors as the short-term visit intention positively affects mid-term and long-term visit intention.

• The Korean Journal of Franchise Management
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• v.13 no.2
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• pp.33-51
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• 2022

Purpose: The online market is growing the most in history due to the expansion of non-face-to-face commerce. In addition, as consumers' interest in health, food safety, and environment increases, interest in and consumption of eco-friendly agricultural products is also increasing. Therefore, in the case of a specialty store that sells eco-friendly organic agricultural products, a marketing strategy that can increase customer loyalty by reflecting these consumer needs is necessary. In this study, the store attributes of eco-friendly food stores are classified into location, assortment, price, quality, and employee service, and the effect of each store attribute on utilitarian and hedonic value is investigated. Research design, data, and methodology: The subjects of this study were customers who visited an eco-friendly food store. Of the 511 survey responses, 311 were used for statistical verification, excluding 200 who had not visited within the last 3 months. For statistical analysis, Smart PLS 3.0 was used, and after checking the validity and reliability of the items, hypothesis testing was performed. Result: As a result of the study, it was found that assortment, quality, and employee service among store attributes had a positive (+) effect on utilitarian and hedonic value. Second, location had no significant effect on utilitarian and hedonic value. Third, price did not appear to have a positive (+) effect on the utilitarian value, and it was found to have a positive (+) effect on the hedonic value. Fourth, It was investigated whether the presence or absence of delivery service had an effect on store attributes between utilitarian and hedonic value, and it was found that there was a significant effect between employee service and hedonic value. Conclusions: Among eco-friendly food store environment management will be required in order to provide food that meets the tastes and needs of consumers by diversifying the taste, standard, and quality grade of food, and to maintain or improve the quality. In order to unlike other stores, eco-friendly food stores have high price resistance from the point of view of consumers, so it is necessary to diversify promotional media such as YouTube and SNS to raise awareness of eco-friendly organic food.