• Title/Summary/Keyword: E-commerce Law

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Various Issues on International Guarantee (국제적(國際的) 보증(保證)의 제문제(諸問題))

  • Suk, Kwang-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.17
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    • pp.7-35
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    • 2002
  • In many international financing transactions Korean companies are required to issue a guarantee. Thus far, however, legal issues on international guarantees have not been fully discussed in Korea. This is partly because most of the international guarantees are governed by a foreign law such as English law or the laws of the State of New York. In this articles the author examines major concepts or terms and conditions of a typical international guarantee, e.g., language on consideration, primary obligor, joint and several guarantee, unconditional and irrevocable guarantee, continuing guarantee, right of subrogation, representations and warranties, covenant or undertaking, currency indemnity, assignment, participation, governing law and jurisdiction clause, etc. For reference, standard forms of a guarantee and a standby letter of credit are attached to the article. In examining the terms and conditions, the author compares them with similar or equivalent concepts under Korean law. The author further discusses some Korean law issues that may arise under international guarantees governed by a foreign law. These issues include the application of the ultra vires doctrine under Article 34 of the Civil Code of Korea, the validity of an international guarantee which a Korean company has issued in violation of the guarantee ceiling set under Article 10 of the Law on Monopoly Regulation and Fair Trade of Korea and the validity of an international guarantee which a Korean party has issued in violation of the Foreign Exchange Transaction Law. In addition, the author discusses some issues under a so-called independent guarantee and a standby letter of credit. In this regard, reference is made to the Uniform Rules for Demand Guarantee (URDG), International Standby Practices (ISP98) and the Convention on Independent Guarantees and Stand-by Letters of Credit adopted by the United Nations in 1995. Finally, the author examines major terms and conditions of typical comfort letters and discusses some legal issues, such as the binding force of the comfort letter. In dealing with the issues the author underscores that to the extent the issues are not properly dealt with by an international norm such as Uniform Customs and Practice for Documentary Credits or ISP 98, the issues must be analyzed by reference to the governing law of the relevant instrument.

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An Empirical Study on the Determinants of e-Trust in Internet Shopping Mall -Focuse on Comparing Import Agency Service Mall with General Internet Shopping Mall- (인터넷쇼핑몰에서 e-Trust 결정요인에 관한 연구 - 수입대행몰과 일반쇼핑몰 비교를 중심으로 -)

  • Song, Sun-Yok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.43
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    • pp.423-453
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    • 2009
  • Import Agency Service Mall, which provide customers not only with convenient shopping experiences but also with purchasing, warehousing, shipping, and customs clearance services, have been playing a significant role in rapidly transforming Korean consumers into global consumers. The consumers' great demand for foreign goods(services) created Import Agency Service Mall(referred to hereafter as IASM) as a new business model of distribution and consumption, which seems to grow rapidly. Accordingly, this study examined the e-Trust by analyzing the characteristics of IASM, determinants of trust, risk perception and its association with e-Trust in IASM, and finally applying the result to general internet shopping mall(referred to hereafter as GISM). The following results came out from the analysis: First, from the result of checking these two types of internet shopping mall consumers have different determinants of trust. Second, from the question if two types perceive different risk, purchasing the foreign goods, it came out that they showed critical difference in variable relevant to goods delivery and customer service. IASM perceived risk from those two variables more than GISM Third, from the review of the relationships between determinants of trust and risk perception variables, IASM showed interrelation among all the variables except between customer service and perceived risk. Fourth, the researcher examined how the risk perceived in the course of purchasing goods has an effect on consumers e-Trust. In case of IASM, risk perception relevant to customer service had an effect on consumer e-Trust. To the contrary, incase of GISM, risk perception didn't have any effect on e-Trust. Finally, from the review of interrelation between determinants of trust and consumer e-Trust, it came out that for IASM capability had an effect on consumer e-Trust and for GISM consumer service had an effect on consumer e-Trust.

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The Empirical Analysis on Determinants of 4PL Logistics in Korean Firms (한국기업의 제4자물류 결정요인에 관한 실태분석)

  • Song, Gye-Eui
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.25
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    • pp.189-210
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    • 2005
  • The application of 4PL could allow for the efficiency of many logistics operations to be greatly increased, for costs to be reduced, and for operations to become more responsive to consumer demand. It is also possible that higher services level and lower cost products could become available as a consequence. However, in order to implementing 4PL actually it is very important to be met to fundamental determinants of 4PL such as formation of logistics experts group, providing of total logistics service, capacity of IT, implementation of e-Business model, capacity of logistics consulting, higher logistics service level, logistics cost reduction, re-engineering of logistics process, focus of core competence etc.

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A Study on the Influence of Service Quality of Trade Portal Sites on the Export Performance of Korean SMEs (무역포탈사이트 서비스품질(品質)이 중소기업(中小企業) 수출성과(輸出成果)에 미치는 영향(影響)에 관한 연구(硏究))

  • Moon, Hee-Cheol;Lim, Seong-Beom
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.34
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    • pp.135-156
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    • 2007
  • Trade Portal Site(TPS) is one of the essential tools which can make it possible for small and medium enterprises(SMEs) to perform international trade activity more efficiently using newest information and communication technology including the Internet. Therefore, Korean SMEs need to utilize TPS more actively to enhance their export competitiveness. In this context, this article analyzes the determinants of export performances of Korean SMEs in utilizing the service of TPS based on the Service Quality Model. As a result of an empirical research by using regressive analysis, various measures of service reliability such as reliability, empathy, and tangibilities have positive effects on SMEs export performance in utilizing TPS. These results provides many useful implications to the TPS managers, e-trade related government agency, along with managers of SMEs using TPS.

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A Study on the Introduction and Implications of the Bank Payment Obligation under SWIFT's Trade Services Utility (글로벌 전자무역에서 SWIFT의 TSU BPO의 도입과 과제)

  • Chae, Jin-Ik
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.49
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    • pp.409-434
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    • 2011
  • SWIFT has designed Trade Services Utility(TSU) to meet the new paradigm of electronic trade. The Trade Services Utility is a matching and workflow application that sits on the SWIFT network. The TSU is designed to help banks offer advanced supply chain services to their corporate customers who are involved in open account trading. Nowadays, the Bank payment obligation(BPO) can optionally be included in a baseline by mutual consent. The BPO is an irrevocable and conditional obligation of an obligor bank(buyers bank) to pay a specified amount to seller's bank according to an established baseline of a single TSU transaction. Therefore, SWIFT enables its customers to automate and standardise financial transactions, thereby lowering costs, reducing operational risk and eliminating inefficiencies from their operations. Whereas, Banks can use the core functionality of the Trade Services Utility to offer competitive services that complement existing services. But SWIFT need to come up with the measures of activating the TSU BPO. So, this paper is to introduce TSU BPO and check the measures for the activation of the TSU BPO under the electronic trade environment.

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A Study on the Clause of Uniform Commercial Code for Electronic Bills of Lading

  • Ahn, Byung-Soo;Park, Tae-Ho
    • International Commerce and Information Review
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    • v.2 no.1
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    • pp.49-68
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    • 2009
  • In 2003, the Uniform Commercial Code(UCC) which is a kind of model law to unify commercial law between several states in US was amended to use electronic document of title including bill of lading. It is the second following the Australia legislation in 1996. Also, the Korean government amended Commercial Act and made the Presidential Decree for using electronic bill of lading in 2008. In this paper the authors reveal the characteristics of the clause of UCC for electronic bill of lading. The characteristics of the clause are on the technical neutrality of the signature, the possibility of reissuance in alternative medium, and adoption of the concept of "control." It helps to suggest some implications for Korean government authority. The authors suggest the amendment of the Presidential Decree to the Korean government authority to use additionally digital signature authorized by non Korean government such as VeriSign. It will activate the use of electronic bill of lading issued by Korea repositary out of Korea.

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A Study on the Clause of Uniform Commercial Code for Electronic Bills of Lading

  • Ahn, Byung-Soo;Park, Tae-Ho
    • International Commerce and Information Review
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    • v.11 no.2
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    • pp.281-300
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    • 2009
  • In 2003, the Uniform Commercial Code(UCC) which is a kind of model law to unify commercial law between several states in US was amended to use electronic document of title including bill of lading. It is the second following the Australia legislation in 1996. Also, the Korean government amended Commercial Act and made the Presidential Decree for using electronic bill of lading in 2008. In this paper the authors reveal the characteristics of the clause of UCC for electronic bill of lading. The characteristics of the clause are on the technical neutrality of the signature, the possibility of reissuance in alternative medium, and adoption of the concept of "control." It helps to suggest some implications for Korean government authority. The authors suggest the amendment of the Presidential Decree to the Korean government authority to use additionally digital signature authorized by non Korean government such as VeriSign. It will activate the use of electronic bill of lading issued by Korea repositary out of Korea.

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A Study on the Innovation of Export and Import Conditions for Electronic Trade (전자무역을 위한 상역부문의 혁신에 관한 연구)

  • Lee, Bong-Soo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.31
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    • pp.137-153
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    • 2006
  • The thesis examines the problems for innovation of export and import conditions and shows the various ways of overcoming them. The alternatives of export and import conditions are as follows. First, the government body including customs service should participate on positive lines for the construction of single window and standardization of the required documents. Second, it is required the development of efficient connection system among exporter and importer, customs service, requirement confirmation agency etc. to contribute the simplification of a operation. Therefore this research is intended to improve understanding of changes for innovation and to contribute in support basis, operation structure, legal and institutional side. Practical implications regarding the innovation of export and import conditions for electronic trade are discussed.

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A study on Customer satisfaction and Repurchase intention on Chinese Mobile service

  • SU, Shuai
    • Korean Journal of Artificial Intelligence
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    • v.7 no.1
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    • pp.1-4
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    • 2019
  • This study to investigate Mobile service quality factors influencing on customer satisfaction and repurchase intention for the research purpose. This study collected data by a survey method for an empirical. A total of 340 replies were used for data analysis. While 340 replies were collected from Chinese users of Mobile e-commerce. Our results support previous researches to results of SPSS analysis all of the 7 hypotheses, 4 hypotheses are adopted and 3 are deleted. After an empirical analysis of this study, the academic implications are as follows. As there have not been many academic studies related to mobile commerce quality, this study can be a meaningful framework when quality factors associated with mobile commerce are being analyzed. This paper as the mobile commerce industry is very sensitive to environmental changes, academic research that can be used to cope with these changes is continuously required. Further studies should be carried out to overcome limitations that have not been analyzed by this study.

A Study on the Enlarge Strategics of IT's firms in Gangwon-Do (강원도 IT 기업의 실태분석을 통한 육성방안에 관한 연구)

  • Eum, Kwang-Yeol;Hong, Kil-Jong
    • International Commerce and Information Review
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    • v.8 no.1
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    • pp.51-66
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    • 2006
  • Korea's IT's firms activities have been vigorous more than ever, since the implementation of " Special law on the nurturing IT firms" in 1990. IT evolution and the e-business has emerged as a new economic activity and beyond the time and space limitations. But the Enterprises located in Gangwon-Do Area have been too inactive in their willingness and readiness to adopt IT models and processes owing to the lack of the directions of e-business, the insufficient network infrastructures and capitals, etc., In this circumstance, as part of this research, This Papers have conducted a survey on the e-business and information conditions and status among the Enterprises located Gangwon-Do Area. In Conclusions, this study Study on the Informationalization of the Enterprises and IT firms Enlarge Strategics for building competition of local Enterprises located Gangwon-Do Area.

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