• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.57
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• pp.3-34
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• 2013

In the international sales contract, long-term contracts often face hardship in fulfilling the original contract terms by relevant parties due to rapid change and uncertainty of political and economic circumstance. In this case, party who faces hardship of fulfillment terminates contract or demands adaptation to contract condition but if opponent doesn't accept this, it proceeds to commercial dispute needing legal interpretation. Generally it is wise to set forth governing law in contract between parties in the case of international contract, for legal stability. One of universal governing law which relevant parties select by agreement to solve economical hardship of fulfillment is PICC. PICC defines the hardship in detail for renegotiation on following hardship of fulfillment unexpected. In the case of failing renegotiation, Court(arbitral tribunal) conducts termination to contract or adaptation to contract condition through arbitration or mediation. In conclusion, when signing international long-term contract, it is desirous to handle dispute effectively by inserting provisions which can deal with economical hardship in contract or defining PICC as governing law in the case of hardship incurred. It is because it is realistic to handle dispute smoothly to the extent that both parties can be satisfied in the case of hardship incurred, though international contract should be fulfilled.

• Korean Journal of Social Welfare Studies
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• v.42 no.3
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• pp.233-265
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• 2011

Material hardship measures have been used to supplement the traditional income-based poverty measures. Recently poverty researchers have increasingly used measure of material hardship to examine the well-being of low income families. Measuring the material hardship might be useful to a better understanding of the multi-dimensions of the poverty in Korea. Using the data of the Korea Welfare Panel Study(the fourth wave), I examine incidences of material hardship across quintiles of the income distributions and the factors that might affect the experience of material hardship among the poor families. Major findings are as follows. Descriptive results show that nearly one-fifth of all families had experienced at least one of the five material hardships in the year. Those in the bottom quintiles and the poor families are more likely to experience material hardship than the other quintiles and non-poor families. But, incidences of the material hardship in the middle income quintiles and low income families are not a few(18 percent and 37 percent). Logistic regression results show that family-consumption related variables, income other economic resources(asset and public assistance), and household's employment status affect the experience of material hardship among the poor families. But, material hardship among the poor families is not significantly related with family income. These results indicate that material hardship measures are the useful indicators to understanding the multi-dimensions of the poverty in Korea. And they suggest that an extensive reform of the public assistance policy is necessary to relieve the material hardships of the poor in Korea.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.179-199
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• 2016

There is legal relation between both parties after contract formation. The parties are liable for performing each duties but a party is not liable for a failure to perform the duties if party proves that the failure was due to the force majeure. The forec majeure has different concepts and legal principles such as change circumstance, hardship, frustration, impediment and so on. Therefore, it need to analyze a historical background and their presence in various domestic legal systems. Although the CISG describes Art. 79 impediment instead of using the force majeure, the impediment has several interpretative limitation. The CISG pursue to harmonize divergent legal concepts and principles from various national laws and legal systems but the harmonization of legal systems make the impediment more confused. The article goes on to analyzes about limitation of the impediment and reviews to examine the force majeure and hardship in PICC. Thus both parties of international contract insert hardship clause in order to prevent the problem of judgment in a court or a court of arbitration under impediment of CISG.

• The Journal of the Korea Contents Association
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• v.16 no.7
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• pp.552-565
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• 2016

This study aimed to examine the association between material hardship and alcohol use among low-income households in Korea, with particular attention to whether the association was mediated by family conflict and self-esteem. Using a nationally representative sample of 960 low-income households, this study conducted a path analysis to test a structural model liking material hardship to alcohol use through family conflict and self-esteem. The significance of indirect paths was tested by a Sobel test. This study found that experiencing material hardship was directly associated with low levels of coping skills for family conflict and low levels of self-esteem, but not with alcohol use. However, material hardship was indirectly associated with alcohol use through low levels of coping skills for family conflict as well as low levels of self-esteem. The findings of this study suggest that experiencing material hardship among low-income households would be a socio-structural stressor for alcohol use, particularly in that it increases secondary role and intra-psychic strains. Implications to address material hardship and alcohol use among low-income households were discussed.

• Journal of Korea Port Economic Association
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• v.21 no.3
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• pp.219-238
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• 2005

The purpose of this study is to analyze the concept, requirement and the effect of Force majeure and Hardship under the UNIDROIT Principles of International Commercial Contract. Under the UNIDROIT Principles Non-performance by a party is excused if that party proves that the non-performance was due to an impediment beyond its control and that it could not reasonably be expected to have taken the impediment into account at the time of the conclusion of the contract or to have avoided or overcome it or its consequence. There is hardship where the occurrence of events fundamentally alters the equilibrium of the contracts and the events occur or become known to the disadvantaged party after the conclusion of the contract; the events could not reasonably have been taken ito account by the disadvantaged party at the time of the conclusion of the contract; the events are beyond the control of the disadvantaged party; and the risk of the events was not assumed by the disadvantaged party.

• Korean Journal of Social Welfare
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• v.68 no.3
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• pp.181-201
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• 2016

Using a nationally representative sample from three recent waves of the Korean Welfare Panel Study, this study examined the association between experiencing material hardship and suicidal ideation among low-income households in South Korea. Overall, we found that experiencing material hardship was associated with a higher likelihood of having suicidal ideation. We also found that, among individual items of material hardship, experiencing food insecurity or credit problems was associated with a higher likelihood of having suicidal ideation. Furthermore, we found that the association of experiencing material hardship with having suicidal ideation was more pronounced for male-headed or elderly-headed households. Policy implications to improve living condition among low-income households and reduce their suicide-related behavior were discussed.

• Korean Journal of Social Welfare Studies
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• v.42 no.1
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• pp.5-30
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• 2011

This study examined the interactive effects between social service use and economic hardship on the family conflicts among low-income families. We analyzed data from about 2,000 low-income families who participated in both the first and the second waves of the Korean Welfare Panel Study using a hierarchical logistic regression model. The main results are as follows. First, take-up rates of social services among low-income families were very low. Second, among the low-income families who did not use any social service, families who experienced more economic hardship were more likely to experience family conflicts. Third, the higher levels of economic hardship increased the positive effects of social service of reducing family conflicts. These findings suggest that the resource for the social services be concentrated on the low-income families who tend to experience more economic hardship and thereby family conflicts and that comprehensive social services be provided in the programs which aim to promote family relationships.

• 한국노년학
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• v.37 no.4
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• pp.835-852
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• 2017

The purpose of this study was to examine the moderating effects of social support on material hardship of low-income elderly people that have been excluded from the National Basic Livelihood Security System. For this research, data of 255 persons aged 65 and over were collected using a survey conducted in 2014 by the National Human Rights Commission of Korea on the minimum living cost of low-income household. Data analysis was performed through descriptive analysis, correlation analysis, and multiple regression analysis with STATA13. According to the results, the average level of material hardship in low-income elderly people was 1.45 out of 6, with the most hardship shown in heating and health care. The results of multiple regression analysis showed that when low-income elderly people became excluded from the system, they suffered more than the recipients. They also showed that the social support system of low-income elderly people brought a negative impact on their material hardship when they were connected by the strong social support system. In other words, social support system reduced their material hardship caused by exclusion. Based on the results, this study suggests some practical and political means to reduce material hardship of low-income elderly people.

• Journal of Families and Better Life
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• v.27 no.3
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• pp.129-143
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• 2009

The purpose of this study was to investigate influences on wives' financial management behavior economic instability and coping behavior of urban household. Economic instability was constructed with an objective economic status and perceived economic instability. And, Financial management behaviors were constructed with four dimensions : investment, income/expenditure, risk, and debt management behavior. The subjects of this study were 225 housewives. Factor analysis, Cronbach ${\alpha}$, and multiple regression were performed for data analysis. The results show that, coping behaviors of searching and using information and perceived economic hardship related to debt influenced housewives' investment management behaviors. The coping behaviors of searching and using information, expending in the range of planned budget, using debt, perceived economic hardship related to debt, income insufficiency, and selective expenditure influenced the consumption-expenditure management behaviors. Perceived economic hardship related to essential expenditures and coping behaviors of searching and using information influenced the risk management behaviors. Coping behaviors of searching and using information, using debts and purchasing and using economically, and perceived economic hardship related to essentials influenced debt management behaviors.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.57-84
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• 2009

This Study attempts to compare and analyze on Principle of Change Circumstances under th CISG, PICC and PECL which are covered international commercial contract. In many international commercial contract, time is very important because delays in performance are sanctioned heavily by substantial penalty clauses. When change in circumstances affects contract performance, the contract will often not be suspended or terminated. Therefore, principle of change circumstances is being prepared of fluidity of contract environment and its effect in general. Taking into consideration the problems relating to the renegotiation or adaptation in the cases of radical change of circumstances where the CISG applies, it is suggested that the contracting parties should make clear their intentions, that is, whether they will provide for the possibility of renegotiation where the price of goods has been altered by inserting a hardship clause or for the possibility of mutual discharge from liability in the cases of economic impossibility or hardship by inserting a force majeure clause. Such provision will be desirable especially in situations where there is a long term contract, the price of goods sold tends to fluctuate in the international commerce, or where especially in contracts subjected to arbitration, the parties subject their contract to legal sources or principles of supranational character. Therefore, this study has shown that the hardship provisions in the CISG, PICC and PECL has similarities to each a validity defense and an excuse defense. it was provisions that CISG governs this issue in Article 79, PICC Article 6.2.1, 6.2.2, 6.2.3 and PECL Article 6.111.