• Title/Summary/Keyword: Export and Import Conditions

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A Study on the Important Clause of International Sales Contract (국제물품매매계약(國際物品賣買契約)의 주요 조항(條項)에 관한 연구(硏究))

  • Park, Nam-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.18
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    • pp.27-62
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    • 2002
  • The international sale contract is the central contracts in export-import transactions. A good sale contract or set of general conditions of sale will cover all the principal elements of the transaction, so that uncertainties are avoided. The parties' respective duties as concern the payment mechanism, transport contract and insurance responsibilities, inter alia, will all be clearly detailed in the contract. The following key clauses should be included in international contracts of sale and general conditions of sale: ${\bullet}$ preamble ${\bullet}$ identification of parties ${\bullet}$ description of goods ${\bullet}$ price and payment conditions ${\bullet}$ delivery periods and conditions ${\bullet}$ inspection of the goods - obligations and limitations ${\bullet}$ quantity or quality variations in the products delivered ${\bullet}$ reservation of title and passing of property rights ${\bullet}$ transfer of risk - how accomplished ${\bullet}$ seller's warranties and buyer's complaints ${\bullet}$ assignment of rights ${\bullet}$ force majeure clause and hardship clause ${\bullet}$ requirement that amendments and modifications be in writing ${\bullet}$ choice of law ${\bullet}$ choice of dispute resolution mechanism Under most systems of law, a party can be excused from a failure to perform a contract obligation which is caused by the intervention of a totally unforeseeable event, such as the outbreak of war, or an act of God such as an earthquake or hurricane. Under the American commercial code (UCC) the standard for this relief is one of commercial impracticability. In contrast, many civil law jurisdictions apply the term force majeure to this problem. Under CISG, the standard is based on the concept of impediments to performance. Because of the differences between these standards, parties might be well advised to draft their own force majeure, hardship, or excusable delays clause. The ICC publication, "Force Majeure and Hardship" provides a sample force majeure clause which can be incorporated by reference, as well as a hardship clause which must be expressly integrated in the contract. In addition, the ICC Model provides a similar, somewhat more concise formulation of a force majeure clause. When the seller wishes to devise his own excusable delays clause, he will seek to anticipate in its provision such potential difficulties as those related to obtaining government authorisations, changes in customs duties or regulations, drastic fluctuations in labour, materials, energy, or transportation prices, etc.

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An Analysis on Weighing the Decision Making Factors of Ship Investments for Korean Shipping Companies (우리나라 해운기업의 선박확보 투자 의사결정요인에 관한 연구)

  • Kim, Sungbum;Jung, Hyunjae;Lee, Hoyoung;Yeo, Gitae
    • Journal of Korea Port Economic Association
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    • v.29 no.2
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    • pp.137-157
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    • 2013
  • Korean shipping industry is ranked the fifth largest in the world in terms of deadweight tonnage after Greece, Japan, Germany and China with 55 million DWT as of year 2011, and its size of foreign exchange earning marked 30 billion US dollars. In respect of volume of seaborne trade, it has handled 99% of import and export cargoes. Korean shipping fleets have increased from 420 to 979 ships between year 2003 to year 2011. By reviewing through the relating literatures, it has been found that Shipping Funds under Ship Investment Company Act, and Tonnnage Tax System, worked as positive influences to increase the Korean shipping fleets. However, there is scant of research to examine the following two points: 1) weighing the decision making factors of ship investments for Korean shipping companies, and 2) weighing the influential factors of government shipping policies. In this respect, the aim of this study is to evaluate 8 decision making factors of ship investments for Korean shipping companies, and 8 influential factors of government shipping policies. For weighing the factors, the fuzzy methodology was adopted. As the results, for the side of decision making factors of ship investments, 'shipping market conditions and future prospects', 'ship's price and future prospects, and 'securing cargoes and future prospects' are ranked as top 3 factors. For government shipping policies side, 'shipping finance provided by lease companies', 'establishment of Korea Shipping Guarantee Fund', and 'establishment of Korea Shipping Finance Corporation' are verified as the important factors.

An Empirical Study of the Dispute Resolution for the Korean Companies in Shandong area of China (중국 산동지역 진출 한국기업의 무역분쟁해결 실증분석)

  • Kim, Jong-Hyuk;Dong, Deng;Kim, Suk-Chul
    • Korea Trade Review
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    • v.41 no.3
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    • pp.135-156
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    • 2016
  • This study, with reference to data on economic conditions in Shandong Province, China, looked into trade and investment activities in Korea and major cities of Shandong - Qingdao, Yantai, Weihai and Jinan - and investigated claim cases between the two countries by type. In addition, we investigated the matter empirically by conducting a survey administered to 300 Korean companies investing in Shandong Province and, based on the data, tested hypotheses for inferential analysis. The findings are as follows: i) while hypotheses in which the size of a firm, represented by import and export volume, has a positive relation with the frequency of trade claim filings (H1) and with the financial value of the trade claims (H2) were quoted, company size proved to have a significantly negative relation with the time required to obtain a claim decision, which rejects the third hypothesis (H3) in which the relation was thought to be positive: ii) while products, as represented by the type of business, showed a clearly significant difference with the frequency of trade claim filings (H4) and with methods of preventing and responding to claims (H6), they did not show a significant link to the type of trade claim (H5). This study is a theoretical and empirical overview of Korean companies based in Shandong Province of China, and can be used to address the practical needs of the Korean companies looking to start business in Shandong Province.

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A Study on LNG Quality Analysis using a Raman Analyzer (라만분석기를 이용한 LNG 품질 분석 실증 연구)

  • Kang-Jin Lee;Woo-Sung Ju;Yoo-Jin Go;Yong-Gi Mo;Seung-Ho Lee;Yoeung-Chul Kim
    • Korean Chemical Engineering Research
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    • v.62 no.1
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    • pp.70-79
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    • 2024
  • Raman analyzer is an analytical technique that utilizes the "Raman effect", which occurs when light is scattered by the inherent vibrations of molecules. It is used for molecular identification and composition analysis. In the natural gas industry, it is widely used in bunkering and tank lorry fields in addition to LNG export and import terminals. In this study, a LNG-specific Raman analyzer was installed and operated under actual field conditions to analyze the composition and principal properties (calorific value, reference density, etc.) of LNG. The measured LNG composition and calorific value were compared with those obtained by conventional gas chromatograph that are currently in operation and validated. The test results showed that the Raman analyzer provided rapid and stable measurements of LNG composition and calorific value. When comparing the calorific value, which serves as the basis for LNG transactions, with the results from conventional gas chromatograph, the Raman analyzer met the acceptable error criteria. Furthermore, the measurement results obtained in this study satisfied the accuracy criteria of relevant international standards (ASTM D7940-14) and demonstrated similar outcomes compared to large-scale international demonstration cases.

Impacts for Waste Management According to Waste Trade (폐기물 수출입 흐름 변화가 폐기물 관리에 미치는 영향)

  • Lee, Sang-hun
    • Resources Recycling
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    • v.29 no.3
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    • pp.43-50
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    • 2020
  • This study reviewed the examples on analyses of the potential impacts to waste management, due to the recent trends of waste trade regulation, and summarized an analysis strategy of the impacts. As a result, a desirable analysis may begin with reasonable estimation of recent waste amounts and flows, and reasonable prediction of the future trends of waste amounts. Then, it is effective to list various key factors and derive future scenarios of the impacts, as well as employ the traditional viewpoints focusing on waste material flow or environmental regulations. The applicable analyses for each scenario can be largely divided into qualitative and quantitative methods. Due to a high uncertainty in the recent international situations with entailing possible innovative economic changes, qualitative methods may be considered in advance, and then quantitative techniques may be utilized to predict gradual changes at relieved uncertainty of the situations. Based on this review so far, proper methodology and procedures for the impact analysis were suggested on recent waste trade conditions in Korea. Given existence of the recent uncertainties such as the health and economic crises, the analysis preferably focused on deriving strategic scenarios with respect to various aspects, and suggested analysis methods applicable to each scenario.

Development of a Method to Detect Cattle Material from Processed Meat Products Using a Polymerase Chain Reaction (PCR을 이용한 축산물 가공식품 내 소고기 성분 검출법 개발)

  • Kwon, Young Chul;Hah, Do-Yun;Heo, Yunwi;Kim, Tae-Kyu;Choi, Yoo-Jeong;Jo, Dae-Hoon;Nam, Sang-Yun;Son, Byeong-Guk;Hwang, Bo-Won;Yang, Byoung-Seon;Kim, Euikyung
    • Korean Journal of Clinical Laboratory Science
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    • v.49 no.2
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    • pp.135-140
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    • 2017
  • Polymerase chain reaction (PCR) was used to detect cattle material from processed meat products. Seventy-eight different commercial processed meat products were purchased from several big food marts. Among them, 17 products contained cattle material (10 samples contained only cattle, 5 samples mixed with cattle and porcine, 2 samples mixed with cattle, porcine and chicken). The genomic DNA was extracted directly from the processed meat products, and strain-specific primer targeting the 16S ribosomal RNA mitochondrial gene was used. All PCR products were cloned into the pGEM-T easy vector and sequenced. Consequently, the PCR products were amplified from 10 processed meat products, which contained only cattle material in our conditions. Furthermore, PCR reactions showed the same results at mixed samples. The DNA sequence obtained from pGEM-T easy/PCR products showed more than 95% identity with Bos taurus 16S rRNA gene using homology analysis. In conclusion, we suggest that the method using PCR, as performed in this study, could be useful in detecting cattle material in processed meat products. Moreover, our system could be applicable in inspection procedures to improve the verification of correct labeling for import and export processed meat products.

Safety of Various Types of Cheese manufactured from Unpasteurized Raw Milk: A Review (비살균 원유로 만든 다양한 치즈의 안전성에 관한 연구: 총설)

  • Kim, Hong-Seok;Chon, Jung-Whan;Lim, Jong-Soo;Kim, Hyun-Sook;Kim, Dong-Hyeon;Song, Kwang-Young;Kim, Soo-Ki;Seo, Kun-Ho
    • Journal of Dairy Science and Biotechnology
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    • v.33 no.1
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    • pp.1-15
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    • 2015
  • Before the advent of pasteurization and other microbiological controls in the dairy industry, milk product-borne diseases such as scarlet fever, typhoid fever, septic sore throat, and tuberculosis were globally widespread. Pasteurization was invented by Louis Pasteur, and it has been considered as one of the most effective ways to control milk product-borne diseases since the 20th century. Nevertheless, till date, various types of cheese in the EU, the USA, and other countries are made from unpasteurized milk as artisan cheese, following the specific food regulations of each nation. Furthermore, after the effectiveness of the Free Trade Agreement (FTA) negotiations between Korea and many nations, the import of various types of cheese made in different conditions and influenced by acidity, preservatives, temperature, competing flora, water activity, and salt concentration increased yearly. Hence, the objective of this review was to describe (1) the 60-day aging rule of cheese, (2) characteristics of the outbreaks linked to cheese manufactured from unpasteurized milk since 1998 to 2011 in USA, and (3) serious health risks from unpasteurized milk, to ensure food protection and safety and to use this basic information for risk assessment.

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The Economic Growth of Korea Since 1990 : Contributing Factors from Demand and Supply Sides (1990년대 이후 한국경제의 성장: 수요 및 공급 측 요인의 문제)

  • Hur, Seok-Kyun
    • KDI Journal of Economic Policy
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    • v.31 no.1
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    • pp.169-206
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    • 2009
  • This study stems from a question, "How should we understand the pattern of the Korean economy after the 1990s?" Among various analytic methods applicable, this study chooses a Structural Vector Autoregression (SVAR) with long-run restrictions, identifies diverse impacts that gave rise to the current status of the Korean economy, and differentiates relative contributions of those impacts. To that end, SVAR is applied to four economic models; Blanchard and Quah (1989)'s 2-variable model, its 3-variable extensions, and the two other New Keynesian type linear models modified from Stock and Watson (2002). Especially, the latter two models are devised to reflect the recent transitions in the determination of foreign exchange rate (from a fixed rate regime to a flexible rate one) as well as the monetary policy rule (from aggregate targeting to inflation targeting). When organizing the assumed results in the form of impulse response and forecasting error variance decomposition, two common denominators are found as follows. First, changes in the rate of economic growth are mainly attributable to the impact on productivity, and such trend has grown strong since the 2000s, which indicates that Korea's economic growth since the 2000s has been closely associated with its potential growth rate. Second, the magnitude or consistency of impact responses tends to have subsided since the 2000s. Given Korea's high dependence on trade, it is possible that low interest rates, low inflation, steady growth, and the economic emergence of China as a world player have helped secure capital and demand for export and import, which therefore might reduced the impact of each sector on overall economic status. Despite the fact that a diverse mixture of models and impacts has been used for analysis, always two common findings are observed in the result. Therefore, it can be concluded that the decreased rate of economic growth of Korea since 2000 appears to be on the same track as the decrease in Korea's potential growth rate. The contents of this paper are constructed as follows: The second section observes the recent trend of the economic development of Korea and related Korean articles, which might help in clearly defining the scope and analytic methodology of this study. The third section provides an analysis model to be used in this study, which is Structural VAR as mentioned above. Variables used, estimation equations, and identification conditions of impacts are explained. The fourth section reports estimation results derived by the previously introduced model, and the fifth section concludes.

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The Accidents Analysis for Safety Training in The Container Terminal (컨테이너터미널에서 안전교육이 사고에 미치는 영향 분석)

  • Cha, Sang-Hyun;Noh, Chang-Kyun
    • Journal of Navigation and Port Research
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    • v.40 no.4
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    • pp.197-205
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    • 2016
  • Our country, which relies on maritime transport a majority of import and export trade volume and faced with unexpected accidents, it is difficult to operate the normal function of container terminal. It also caused by reliability issue raised is likely to be given a blow to the new volumes to attract and maintain existing volumes. Under this views, the container terminal is a situation that highlights the role of the harbor workers and cope with aggressive work to provide the best quality services to customers 365 days. On these grounds, the heavy work burden is passed on to the harbor workers and caused accidents every year. The study was analyzed the safety status of the container terminal under the real following the conditions as disaster status analysis, insufficient safety training circumstances and safety training from 2012 year to 2015 in the target current K.Y terminal. As a result of equipments safety training analysis, it shows that 2012 year happened 45 cases and 31 cases in 2013 year until not practicing the training over the Gantry Crane equipment. One hand 23 cases took place in 2014 while preparation training and the other intensive training period of 2015, 8 cases occurred. it shows that 2012 year happened 13 cases and 19 cases in 2013 year until not practicing the training over the Transfer Crane equipment. One hand 12 cases took place in 2014 while preparation training and the other intensive training period of 2015, 8 cases occurred. it shows that 2012 year happened 9 cases and 9 cases in 2013 year until not practicing the training over the Yard Tractor equipment. One hand 9 cases took place in 2014 while preparation training and the other intensive training period of 2015, 4 cases occurred. Because safety training of the container terminal was given to greatly impact on the mandatory safety training, self-educational enforcement and specified equipments safety training, hence the container terminal is to strengthen the safety education to prevent accidents in advance.