• Title/Summary/Keyword: Guarantee

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A Study on the Promotion of B2B e-Marketplace by the Strategic Use of e-Credit Guarantee System (전자신용보증 제도의 전략적 활용과 B2B e-Marketplace의 활성화)

  • Lee, Geum-Ryong;Sam, Seong-Ryeol
    • 한국디지털정책학회:학술대회논문집
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    • 2005.06a
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    • pp.145-175
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    • 2005
  • In 2001, e-Credit guarantee system was introduced by the Korea Credit Guarantee Fund(KCGF) to extends the credit guarantee services for the purchasing amount on credit in the B2B e-Marketplace. It combines both the merits of bill of exchange and credit card and eliminates the uneasiness related to the unpaid accounts due to the non-facial e-Marketplace. The purpose of this paper is to empirically analyze both the causal relationship and influences among theoretical variables by the structural equation model(SEM). e-Credit guarantee system can be a good strategy for promoting B2R e-Marketplace. The level of application of e-Credit guarantee system is attributable to both the characteristics of B2B e-Marketplace and products. The cost reduction or saving in purchasing procedures, production and stockpiling will be possible through e-Credit guarantee system. The close linkage of financial institutions with the enterprises based on e-Credit guarantee system will further promote B2B e-Marketplace in Korea.

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A Study on Utilization by the Demand Guarantee for the Underlying Contract Performance (기초계약이행을 위한 청구보증 활용에 관한 연구 - 청구보증의 성립과 지급청구 요건을 중심으로 -)

  • Jeon, Jae Woong;Yu, Kwang Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.61
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    • pp.213-245
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    • 2014
  • This study has significance in examining the formation requirements and notes for concluding the guarantee contract of minimizing interests and conflicts with the concerned parties by examining issues related to the legal relation and demand payment in the concerned parties and by figuring out the provisions of conformity related to the requirements for demand payment pertinent to the documentary provision in relation to characteristics of demand guarantee. What the concerned parties of using demand guarantee grasp the requirements for demand payment of being compliant with the essence and the guarantee condition of the demand guarantee will lead to possibly preventing a dispute caused by disagreement and being secured the fulfillment of underlying contract. To fulfill a underlying contract that is the objective of issuing the demand guarantee, an effort is needed that minimizes a contract-based risk and a cost by being fully aware of a relevant rule that will be recorded in the terms of payment in the demand guarantee, by reflecting the interests between the concerned parties, and by discussing the payment terms.

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A Study on the Promotion of B2B e-Marketplace by the Strategic Use of e-Credit Guarantee System (전자신용보증 제도의 전략적 활용과 B2B e-Marketplace의 활성화)

  • Lee, Keum-Ryong;Shim, Sang-Ryul
    • Journal of Digital Convergence
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    • v.3 no.1
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    • pp.45-73
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    • 2005
  • In 2001, e-Credit guarantee system was introduced by the Korea Credit Guarantee Fund(KCGF) to extends the credit guarantee services for the purchasing amount on credit in the B2B e-Marketplace. It combines both the merits of bill of exchange and credit card and eliminates the uneasiness related to the unpaid accounts due to the non-facial e - Marketplace. The purpose of this paper is to empirically analyze both the causal relationship and influences among theoretical variables by the structural equation model(SEM). e-Credit guarantee system can be a good strategy for promoting B2B e-Marketplace. The level of application of e-Credit guarantee system is attributable to both the characteristics of B2B e-Marketplace and products. The cost reduction or saving in purchasing procedures, production and stockpiling will be possible through e-Credit guarantee system. The close linkage of financial institutions with the enterprises based on e-Credit guarantee system will further promote B2B e-Marketplace in Korea.

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Legal Issues and Improvement Measures for Refund Implementation of Housing and Urban Guarantee Corporation in case of Housing Sale Guarantee Accident (주택분양보증사고시 주택도시보증공사 환급이행의 법적쟁점과 개선방안)

  • Jo, I-Un
    • The Journal of the Korea Contents Association
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    • v.21 no.3
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    • pp.626-633
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    • 2021
  • In the event of a housing sale guarantee accident, the Housing and Urban Guarantee Corporation shall be responsible for the guarantee by refunding the moving-in money unless there are special circumstances to the contractor. The Housing and Urban Guarantee Corporation may refuse to perform the refund based on the Terms and Conditions Regulations Act, but disputes continue to arise between interested parties in this regard. Therefore, the purpose of this study is to study the problems and improvement measures for legal issues related to the implementation of the refund. First, the issue of guarantee effectiveness and scope of guarantee under the Terms and Conditions Regulation Act. Second, the problem of guarantee contract for conditional third parties of Housing and Urban Guarantee Corporation. Third, the problem of the attitude of the existing precedents of the Supreme Court was examined. As a result of reviewing these legal issues, it was confirmed that the interpretation of terms and conditions according to the implementation of the refund is being interpreted in accordance with the principle of good faith, but according to individual cases, precedents can be divided into positive and negative judgments. In addition, despite the fact that the housing pre-sale guarantee is a guarantee contract for a conditional third party, it was confirmed that the buyer suffered damages in good faith through active disputes with the interested parties. Accordingly, the Housing and Urban Guarantee Corporation proposed an improvement plan for roles and cooperation items to meet the purpose of establishment for the stability of the customer's housing.

Service Guarantee Influencing Customer Orientation in Tourist Hotel (관광호텔 서비스보증이 고객지향성에 미치는 영향)

  • Nam, Taeg-Yeong;Jee, Bong-Gu
    • The Journal of the Korea Contents Association
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    • v.21 no.3
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    • pp.419-429
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    • 2021
  • The purpose of this study is to investigate the effects of service guarantees of tourist hotels on employees' perception of role clarity and customer orientation. Specifically, this study analyzed how the employees' perception of role clarity as a parameter, with the employees' reliability, guarantee-related communication, guarantee limitation, and organizational support as independent variables, affected the dependent variable, customer orientation. As a result of empirical analysis of employees in the first grade hotel in Seoul, it was analyzed that the higher the reliability of employees in service guarantee, the higher the communication and organizational support in the organization related to guarantee work, the higher the role clarity and perception level of employees. The higher the reliability, guarantee limitation and organizational support level of guarantee, the higher the customer orientation, but the guarantee-related communication did not show significant influence. The perception degree of role clarity of employees has a significant effect on customer orientation. According to those results of this analysis, this study examined the influence of each configuration of service guarantee of tourist hotel employees on customer orientation, and presented various academic and practical implications.

A Study on the Guarantee Instruments and Types in the International Business Contracts (국제(國際) 비즈니스 계약(契約)에서의 보증수단(保證手段) 및 유형(類型)에 관한 연구(硏究))

  • Park, Suk-Jae
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.26
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    • pp.203-223
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    • 2005
  • Many international transactions involve the use of security devices, commonly referred to as "guarantees", "bonds", or "standby credits", designed to protect one of the parties from a breach by its counter-party. These security mechanisms may be provided by banks, insurance companies, specialized surety companies, or other financial service firms. Although some legal systems distinguish between "guarantees", "bonds", and "indemnities", these terms are often used as synonyms in the everyday language of international traders. It may therefore be necessary to examine the particular characteristics and nature of the guarantee obligation in order to properly classify the guarantee. Two main categories of guarantee are demand and suretyship. Under a demand guarantee, the guarantor must pay on first demand by the beneficiary. The beneficiary only has to demand payment under the guarantee - there is no need to prove that the principal has actually defaulted on a contractual obligation. Under a suretyship or conditional guarantee, the obligation of the guarantor is triggered by the actual default or contractual breach of the principal, as evidenced in a document such as a court judgement or arbitral award against the principal. Guarantees have been widely used in the international business transactions. Main uses of guarantees are as follows : Performance Bonds/Guarantees, Bid(or Tender) Bonds/Guarantees, Advance Payment or Repayment Bonds/Guarantees, Retention Bonds/Guarantees, Maintenance(or Warranty) Bonds/Guarantees etc.

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A Study on the Use of LD Clause against the Seller's Breach of Delivery of Goods in the Contract for the International Sale of Goods (국제물품매매계약에서 매도인의 물품인도의무 위반에 대비한 손해배상액의 예정조항 (Liquidated Damage Clause: LD조항)의 활용에 관한 연구 - ICC Model International Sale Contract를 중심으로)

  • Oh, Won-Suk;Youn, Young-MI;Li, Jing Hua
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.50
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    • pp.3-25
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    • 2011
  • The purpose of this paper is to examine the use of LD Clause against the seller's breach of contract in connection with delivering the goods in the international sales contract, and international guarantee system using standby L/C or demand guarantee. For this purpose, the author, first, considered the outline of the buyer's remedies in cases that the seller had not performed his obligations in contract and the difficulties in the buyer's remedies. As alternatives for overcoming the difficulties, this author recommended the LD Clauses (Liquidated Damage Clauses) based on ICC Model International Sales Contract, and explained each Model Clause. To enhance the feasibility of LD Clause, this author suggested the guarantee system, like the standby L/C or demand guarantee. But these guarantee systems have several limitations in practical use. Thus, these guarantee systems would greatly contribute to Korean exportation in the future. The reason is that the Korean export structure would be more complex and the period of sales contract would be longer and longer, which result to in long-terms supply contracts. These changes would require the guarantee much urgently.

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THE FINANCING MODEL FOR GREEN BUILDING PROJECTS WITH THE GOVERNMENTAL GUARANTEE BASED ON CER (Certified Emission Reduction)

  • Sang-Hyo Lee;Se-Woong Jang;Ju-Hyung Kim;Jae-Jun Kim
    • International conference on construction engineering and project management
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    • 2011.02a
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    • pp.368-375
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    • 2011
  • Along with the growing interest in greenhouse gas reduction, the effect of energy reduction from green buildings is gaining interest as well. However, green buildings may have difficulties in financing due to their high initial construction costs. With this in mind, the objective of this study is to suggest a financing model for green building projects with a governmental guarantee based on CER (Certified Emission Reduction). In other words, in the financing model, the government provides a guarantee for the increased costs of a green building project in return for CER. The suggested financing model was tested and found feasible for implementing green building projects. In addition, the model in this study is applicable to private projects because guarantee has its return. To utilize CER as a return for a financial guarantee, however, certification of CDMs (Clean Development Mechanism) for green buildings must be vitalized.

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Factors Influencing Mental Care Facility Workers' Rights Guarantee for People with Mental Disorder (정신요양시설 종사자의 정신장애인에 대한 권리보장 영향요인)

  • Kim, Kyung-Mi;Lee, Jeong-Sook
    • Journal of the Korea Convergence Society
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    • v.12 no.6
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    • pp.241-248
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    • 2021
  • The purpose of this study was to investigate the factors affecting the rights guarantee of people with mental illness among mental care facility workers. The subjects of this study were 132 mental care facility workers, and the research tools were rights and protection-related characteristics, rights recognition, and rights guarantee. The data were analyzed with descriptive statistics, t-test, one-way ANOVA, Pearson's correlation coefficients, and multiple linear regression using the SPSS/WIN 24.0 program. The result showed that the difference in rights guarantee relating to general characteristics were significant differences in religion. There were significant positive correlations among rights recognition and rights guarantee. The factors influencing the rights guarantee were rights recognition, recognizing the need to advocate rights, and religion. Based on the research results, it is necessary to improve recognition and actively advocate rights through continuous education in order to strengthen the rights guarantee of people with mental illness. Enhancement of rights guarantee will help people with mental disorder recover.

A Study on the Necessity of Using Demand Guarantee following Unfair Calling Cases (부당지급청구 사례로 본 청구보증 사용의 필요성에 관한 연구)

  • Kim, Pil Joon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.58
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    • pp.215-236
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    • 2013
  • It is quite true that the more Korean contractors receive overseas contracts, the more they need guarantees. The top market for them is the Middle East countries, consisting of more than the half of the total amount awarded last year and the trend is increasing as well. The problem, however, is that employers in these countries are reluctant to use international rules for guarantee such as URDG or ISP98 and easily make unfair callings. However, Korean contractors(applicants), especially small and medium sized enterprises(SMEs) tend to hurriedly enter a contract without looking into its contents as well as guarantees. They do not realize the importance of the guarantees until they receive callings from the employers(beneficiaries). Being independent from the underlying contracts, guarantee is the equivalent to cash in that it usually does not require any proof of demand when calling and the guarantor should make a payment within usually 5 business days after the request. It is often observed these days that several Korean SMEs go bankrupt due to liquidity risks after receiving unfair callings from employers in the Middle East countries. In retrospect, some cases could be obviated if contractors were a little more careful in checking the contents of a guarantee at the time of concluding a contract. For example, there is one case where the underlying contract includes a reduction clause in the Advance Payment bond and the guarantee does not have that clause. In the end, the Korean contractor had to take the whole burden of the bond amount though it had finished 81% of the project. Nobody could argue that contractors should take a full responsibility if they fail in their obligations. However, the employer's wrongful callings need to be prevented in the first place, if possible. As there shouldn't be a case where one party is at a disadvantage against the other like the case mentioned above, useful insight is being sought to minimize unfair calling risks for the benefit of the applicant. First, the applicant should carefully look into every detail of the potential guarantee before signing a contract, heeding especially that there is a reduction clause in the AP bond. Second, the governing principles for guarantee should be the ones that are internally used such as URDG758 that is objective in terms of callings given that, for example, it specifies that the requirement for a supporting statement when making a demand is a default rule. It is also recommended that the form of guarantees be the standard demand guarantee. Third, parties involved in issuing guarantees are advised to understand international rules for guarantee like URDG758 and ISP98 and to play a key role in guiding SME contractors in Korea so that they can protect themselves from possible wrongful callings, particularly from employers in the Middle East countries. I hope this study would give a wake-up call for Korean SMEs wishing to do business in the Middle East countries and remind them of the importance of guarantee itself and its governing principles.

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