• Journal of Labour Economics
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• v.23 no.2
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• pp.1-37
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• 2000

Since the early 1990s, the Korean courts have tilted in the direction of giving greater freedom to employers by relaxing the restrictions on dismissal for economic reasons. During the Korean economic crisis of 1998, the Korean Labor Standard Act was also revised for the purpose of relieving the limitation of employer's discretion in employment adjustment. From the Coasian perspective, this article analyze how implied contracts for the employee's reliance and employer's compliance might be influenced after the formal law is revised. We demonstrate that, if the legal change results in excessive intervention, it might cause the employers to over-breach, the employees to under-rely, and the accompanying efficiency to decrease. We scrutinize the total population of unjust dismissal cases since 1987 in order to investigate how the legal changes in Korea have affected the implied contracts. Our empirical analysis raises a possibility that Korean legal changes made in 1990s might have increased the employer's opportunism and decreased the employer's reliance effort.

• Journal of Arbitration Studies
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• v.18 no.1
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• pp.71-96
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• 2008

Arbitration is fundamentally a matter of contract, whereby contractual parties may only be required to submit a dispute to arbitration pursuant to their formal agreement. However, there are several important exceptions to this rule that have developed under common law notions of implied consent. These doctrines may serve either to benefit or to harm a nonsignatory to an arbitral agreement because either (1) the nonsignatory may compel a signatory to the agreement to arbitrate a dispute or (2) the nonsignatory may be compelled to arbitrate a dispute despite never having signed an arbitration agreement. The Court has a long-standing domestic policy of favoring arbitration, and these doctrines reflect that policy. 1. incorporation by reference An arbitration clause may apply to a party who is a nonsignatory to one agreement containing an arbitration clause but who is a signatory to a second agreement that incorporates the terms of the first agreement. 2. assumption An arbitration clause may apply to a nonsignatory who has impliedly agreed to arbitrate. Under this theory, the nonsignatory's conduct is a determinative factor. For example, a nonsignatory who voluntarily begins arbitrating the merits of a dispute before an arbitral tribunal may be bound by the arbitrator's ruling on that dispute even though the nonsignatory was not initially required to arbitrate the dispute. 3. agency A nonsignatory to an arbitration agreement may be bound to arbitrate a dispute stemming from that agreement under the traditional laws of agency. A principal may also be bound to arbitrate a claim based on an agreement containing an arbitration clause signed by the agent. The agent, however, does not generally become individually bound by executing such an agreement on behalf of a disclosed principal unless there is clear evidence that the agent intended to be bound. 4. veil piercing/alter ego In the corporate context, a nonsignatory corporation to an arbitration agreement may be bound by that agreement if the agreement is signed by its parent, subsidiary, or affiliate. 5. estoppel The doctrine of equitable estoppel is usually applied by nonsignatory defendants who wish to compel signatory plaintiffs to arbitrate a dispute. This will generally be permitted when (1) the signatory must rely on the terms of the contract in support of its claims against the nonsignatory, or (2) the signatory alleges that it and the nonsignatory engaged in interdependent misconduct that is intertwined with the obligations imposed by the contract. Therefore, this article analyzed these doctrines centering around case-law in America.

• Journal of Distribution Science
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• v.17 no.9
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• pp.67-81
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• 2019

Purpose - The overarching aim of this study is to empirically test the effect of ex-post control mechanisms on multi-dimensional trust and channel performance in franchise systems. Although the franchise system is a vertical marketing channel based on trust between the franchisor and the franchisees, issues related to franchisee's opportunistic behavior have persisted and thus requires research into the effective control system of franchise headquarters. Research design, data, and methodology - In this study, data was collected from 150 franchises to identify the effect of two types of franchising headquarters' control system on the multi-dimensional trust and franchise channel outcome between franchisor and franchisee. To test the hypotheses intended to achieve this aim, structural equations modeling technique is utilized. Results - The results of this research reveal that among the two formal control systems studied (output and process control), output control positively and significantly affects multidimensional trust. Additionally, among the three dimensions of trust employed in this study, only expertise has a positive and significant effect on contract compliance. Equally, only expertise and integrity have a negative and significant effect on opportunistic behavior. Conclusions - The study provides managerial and theoretical insights into understanding ex-post control mechanisms, trust, compliance and opportunistic behaviors in franchise systems.

• Review of Korean Society for Internet Information
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• v.14 no.3
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• pp.5-20
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• 2013

ICANN has been governing the Domain Name System(DNS) "technically" since 1998. The architecture is called Internet Governance, and it brings about many different discourses; "What does that govern?", "Who delegate its role to ICANN?"," How could the regime ensure fairness?" etc. This article will analyze on Internet Governance by applying the government approach of Foucault, and try to compare two parts, the 'core' and the 'edge' of Internet Governance for method. Whereas the 'core' of it refers the site that be governed by the formal contract directly, the 'edge' as the rest of it means informal friendly relations with ICANN. The 'core' rule was stemmed from technological community such as IAB or IETF historically. They had invented new world and its population to integrate the technical order as protocol and the semiotic order as language, that be based on new government mode. On the other hand, ".KR" domain, one of the 'edges', has been evolved into more heterogeneous system, through contest and conflict between traditional state and Internet Governance. The governed object of ".KR" domain is situated in the crossing of each other the 'protocol user', the 'language-semiotic user' and the' geographical resident'. Here the 'geographical resident' rule was weird for DNS, so that shows the internal lack of Internet Governance. It needs to move to the concept of 'Hangeul(Korean-language) user' rather than the 'geographical resident'.

• Journal of architectural history
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• v.17 no.6
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• pp.29-44
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• 2008

This paper analyses the railroad trunk line constructed in the Korea since the end of the 19th century. The analysis consists of the following problematics. 1) The process of the decision of the railroad route 2) The relationship of the location of Eupchi and the stations By clarifying the above, the purpose of this paper is to clarify how the morphology of the city in Korea has been affected by the change in the relationship with Korea and Japan. The Empire of Japan has been reconnoitering the Korea since way before the formal contract for the railroad construction was signed. Therefore, the Empire of Japan had a very good understanding of the actual transportation system when it started the construction of the railroad. The railroad construction was used by the Empire of Japan to empower the control over the Korea. For this reason, the new railroad system was constructed as a different system from the former transportation system and the urban system was also affected. Also the relationship of the western powers and Japan around the turn of the 20th century defined the characteristic of the railway system as a pathway through the Korean peninsular to link Japan to the continent. Moreover, being apprehensive about the friction with the western, Japan located the railway stations to avoid the missionary land properties. This made it clear that the restraint relationship between Japan and the western affected the urban special structure.

• The Korean Journal of Air & Space Law and Policy
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• v.4
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• pp.65-85
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• 1992

The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", it shall be signed by the consignor and by the carrier and shall accompany the goods. The third part shall be signed by the carrier and handed by him to the consignor, after the goods have been accepted. According to the original Warsow Convention article 8, the air waybill must contain 17 particulars or items. However, the Hague Protocol reduced to three the number of particulars required to appear on the air waybill. Only one item is obligatory, namely, the notice that the carriage is subject to the rules of the Warsaw Convention. The absence of the air waybill entails unlimited liability of the carrier because it deprives him of the right to avail himself of the provisions of the Warsaw Convention which exclude or limit his liability. The consignor shall be liable for all damages suffered by the carrier or any other person by reason of the irregularity, incorrectness or incompleteness of the particulars and statements in the air waybill. Although the contract of the carriage of goods by air is not a formal contract, the document of carriage is issued. The issue of air wayhill is not essential for the existence or validity of the contract, but serves merely as a means of proof. The Hague Protocol has lessened the consequences of the carrier's neglect to faithfully accomplish the required formalities. Henceforth, these formalities no longer constitute legal obligations. The air waybill is the consignment note used for the carriage of goods by air. It is often called an air consignment note and is not a document of title or transferable/negotiable instrument. It is basically a receipt for the goods for despatch and is prima facie evidence of the conditions of carriage. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or cosignee of his rights under the contract of carriage. Oveall, it is an usage that under a documentary letter of credit, the consignee on the air waybill is the opening bank of the letter of credit, and the notify party is the importer who applied for the letter of credit. In Korea there is an usage as to process of cargo delivery in air transportation as follows: The carrier carries the cargo into the bonded area of the airport and gives both the notice of arrival of the cargo and the consignee's air waybill to the notify party who is the importer. Then the notify party obtains the Letter of Guarantee from the opening bank in exchange for reimbursing the amount of the letter of credit or tendering the security therefor to the opening bank. The notify party then presents this document to the customs authorities for the process of customs clearance. The opening bank becomes a consignee only to ensure repayment of the funds it has expended, and the only interest of the opening bank as consignee is the reimbursement of the money paid to the exporter under the documentary letter of credit. Just as the bill of lading in maritime law, the air waybill has always been considered negotiable although the Warsaw Convention does not emphasize this aspect of negotiability. However, the Hague Protocol article 4 corrected the situation by stating that "nothing in this Convention prevents the issue of a negotiable air waybill." This provision officially recognizes that the air waybill must meet the needs of the present day business circles by being a negotiable instrument. Meanwhile, Montreal Additional Protocol no. 4 has brought important changes. Registration by computer is acceptable and the parties to the contract of carriage are allowed to replace the air waybill with a receipt for the goods. In conclusion, as the Warsaw Convention has not details of provisions relating to the issuing of the negotiable air waybill, it is hoped that there should be supplement to the Warsaw Convention and establishment of international commercial usage with regard to the negotiable air waybill.

• The Journal of Society for e-Business Studies
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• v.22 no.2
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• pp.123-136
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• 2017

The evaluation and analysis method of information system (IS) is studied from the system perspective, the user perspective, and the management viewpoint. The detailed analysis method performs qualitative evaluation by user questionnaire or expert opinion. In this study, Measures the productivity and the effect of building administrative information systems. In the previous study, qualitative productivity and universal effect indicators were used, but in this study, quantitative productivity indicators and indicators specific to administrative complaints were selected. KONEPS, an administrative service system, used electronic contract records and information recorded in the intermediate process. The information was converted into the number of days, and the productivity based on the input manpower was calculated. The effect analysis analyzed the questionnaire related to civil affairs, which is the goal of the administrative work system. Each factor was divided into reflective structural variable and formal structural variable, and internal consistency and multi-collinearity were diagnosed. In order to verify the model, the influence of the work was set as a hypothesis, the reliability was verified according to the descriptive statistics method, the influence was measured through the regression analysis, and the model was analyzed by the multiple regression model path coefficient. Model validation methods are Chi-square (df, p), RMR, GFI, AGFI, NFI, CFI and GFI as indicators according to CFA.

• International Commerce and Information Review
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• v.15 no.3
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• pp.199-224
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• 2013

Section I of Chapter III ('Obligations of the Buyer') in Part III ('Sale of Goods') of the CISG consists of six articles addressing one of the fundamental buyer obligations described in article 53 of the CISG: the obligation to pay the price. Although the amount of the price that the buyer must pay is usually specified in the contract, two articles in Section I contain rules governing the amount of the price in particular special circumstances: article 55 specifies a price when one is not fixed or provided for in the contract, and article 56 specifies the way to determine the price when it is 'fixed according to the weight of the goods'. The remaining four provisions in Section I relate to the manner of paying the price: they include rules on the buyer's obligation to take steps preparatory to and to comply with formalities required for paying the price (article 54); provisions on the place of payment (article 57) and the time for payment (article 58); and an article dispensing with the need for a formal demand for payment by the seller (article 59). Especially article 53 states the principal obligations of the buyer, and serves as an introduction to the provisions of Chapter III. As the CISG does not define what constitutes a 'sale of goods', article 53, in combination with article 30, also sheds light on this matter. The principal obligations of the buyer are to pay the price for and take delivery of the goods 'as required by the contract and this CISG'. From this phrase, as well as from article six of the CISG, it follows that, where the contract provides for the performance to take place in a manner that differs from that set forth in the CISG, the parties' agreement prevails.

• International Commerce and Information Review
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• v.18 no.4
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• pp.221-262
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• 2016

This study examines the dispute resolution culture and negotiation strategy in Vietnam. We adopt area studies methodology in order to analyze dispute resolution and negotiation strategy in Vietnam, since the dispute resolution and negotiation strategy are keenly connected with the culture, law, institution, and economic system of the society. Our findings are as follows. First, Vietnamese society has the culture that has the characteristics of maternal society and patrilineal society. Vietnamese women has traditionally participated in the economic activity. Second, Vietnamese people showed loyalty to the nation. Third, Vietnamese society is shown to belong to the culture of collectivism. In addition, we investigate the multi-faced characteristics of Vietnamese dispute resolution culture and negotiation strategy. Our findings are as follows. First, Vietnamese people utilize middlemen in implementing dispute resolution and negotiation. Second, Vietnamese people prefer long-term negotiation style. Third, Vietnamese people is accustomed to face-saving culture. Fourth, Vietnamese people prefer the indirect communication style. Fifth, Vietnamese people prefer written document instead of oral agreement in contract. Sixth, Vietnamese people and firms prefer ADR to formal law.

• International Commerce and Information Review
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• v.18 no.4
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• pp.115-141
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• 2016

The purpose of this study is to examine the status of FTA origin verification for exported goods in Korea and analyze the cases of major origin verification to seek origin management strategies that enables exporters to actively satisfy origin verification requirements. The case analysis demonstrates that it is important to meet not only the substantive, but also formal and procedural requirements of origin verification. We identified origin management strategies including: develop internal origin management experts and origin management system, utilize external expertise and related support institutions, strengthen networking with supplier companies, consider origin management at the contract stage and continue origin management after export.