• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.13
• /
• pp.43-68
• /
• 2000

Incoterms mean the ICC official rules for the interpretation of trade terms which facilitate the conduct of international trade. Thus, the uncertainties of different interpretations of such terms in different countries can be avoided or at least reduced to a considerable degree. Nevertheless, Incoterms has been revised successively to adapt them to contemporary commercial practice. In particularly, substantive changes in Incoterms 2000 have been made in two areas: (i) the customs clearance under FAS and DEQ; and (ii) the loading and unloading obligations under FCA. But it should be stressed that the scope of Incoterms is limited to the contract of sale and not apply to the contracts of carriage, insurance and financing. Moreover, merchants wishing to use Incoterms 2000 should clearly specify that their contract is governed by 'Incoterms 2000'. It is particularly important to note that Incoterms are not dealt with a great number of problems, such as transfer of property rights, breaches of contract and exemptions from liability. Therefore, the contracting parties should clearly agree to the applicable law related their contract of sale, like the 1980 United Nations Convention on Contracts for the International Sale of Goods.

• Health Policy and Management
• /
• v.20 no.2
• /
• pp.40-52
• /
• 2010

Health insurance fees are set by relative value scales and conversion factors. Since 2008 the conversion factor has been classified into 7 according to the provider type, and a separate contract has been made respectively. As such classification of the conversion factor reflects only the different characteristics of providers, however, further classification to reflect the different cost structures of providers is proposed. Cost varies according to the type of not only providers but also services each provider supply. In fact different cost structures of providers are the result of their different services. This study analyzed the cost structure of medical services to propose a new approach to the classification of the conversion factor. This study analyzed the cost structure of medical services using cost data constructed in the revision study of relative value scales. The cost data consist of doctor's fee, support staff's fee, cost of medical equipments, cost of medical supplies and indirect cost. The proportion of each cost component to the total cost was analyzed in terms of service department and service type. 72 service groups are defined in terms of the combination of service department and service type. Through cluster analysis, 72 service groups were reduced into 7 clusters each of which has a similar cost structure. Conversion factor is contracted annually to reflect the change in the cost of providing medical services. So the classification of conversion factor has to be based on the cost structures of medical services, not the characteristics of providers. Service clusters derived in this study can be used as a new classification for health insurance fee contract.

• Journal of the Korea Society of Computer and Information
• /
• v.22 no.1
• /
• pp.99-106
• /
• 2017

In this paper, the first to identify in detail the direct and indirect causes of trade claims and to provide a way to prevent the causes and measures specific claims. Trade claims is not the best way to prevent in advance, measures to prevent future trade claims is as follows. First, it should be the credit investigation of the counterparts. Second, the contract must determine the rights and obligations of each other through sufficient consultation with contract and faithfully perform its contractual obligations. Third, the explicit trade arbitration clause of arbitration in the contract, and shall be a sufficient review of the procedure such as import and export, international business practices, norms and partners of economic policy, foreign exchange regulations, the trade system transactions. Finally, for it is to be treated as a one-stop strengthening the organization and function, and the Ministry of Commerce and Trade Association, and KOTRA and Trade Insurance Corporation strategic support systems, such as done by covering the work on trade claims prevention and resolution in the Korean Commercial Arbitration Board.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.49
• /
• pp.189-212
• /
• 2011

As the international business increases among the nations of the world recently, it is an inevitable fact that its claims rise as well. The most reasons of the international business claims have been concentrated upon the unpaid issues. The other reasons are sequently the different interpretation of business contract's conditions, the inferior quality of the goods, the breach of shipping time, the uncertain market-claims and some problems of transportation, the quantity and bad package of the goods. As business transactions grow more complex, it becomes increasingly important to resolve claims as quickly and efficiently as possible. Recognizing the importance of comprehensive policy support for overall international trade and investment of local company in recent years, Korean government has reborn the Korea Insurance Corporation ("K-sure"). K-sure adopted a range of measures to improve management efficiency to strengthen national competitiveness and national economy by promoting oversea trade and investment. Especially, K-sure will be able cover not only export transactions but also import transactions to secure oversea natural resources and commodities vital the national economy. K-sure should be able to continue and expand the existing export insurance programs, support import transactions and lead export-oriented industrialization of Korea as the best trade insurance agency.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.65
• /
• pp.71-94
• /
• 2015

The insurer's right to take legal proceedings in the name of the assured against a third party who has caused loss of or damage to the goods is of particular importance in marine cargo insurance under international trade transaction. The amounts recovered in subrogation actions, known in practice simply as recoveries, form a significant element in the balancing of the cargo insurer's underwriting account by improving ing the loss record. However, even if the carrier involved in the accident have a liability for damages, in some cases can not claim damages in accordance with the after clauses and carrier's exemption clauses indemnity carrier under the contract of carriage. In recent, the dispute cases to argue damages claim of the carrier in connection with business practices of surrender B/L, the claim is dismissed cases in accordance with the Arbitration Rules of the after clauses. In the future, the surrender B/L is continually to use as a marine transport method, it may also be interested in insurance subrogation of damages claims to insurance accident by a surrender B/L.

• Journal of Fisheries and Marine Sciences Education
• /
• v.6 no.1
• /
• pp.45-57
• /
• 1994

One of the fundamental duty of the assured in a marine insurance contract is maintaining seaworthiness of the ship insured. Since duty of the seaworthiness of ship is a shipowners implied warranty in the marine insurance, the breach of the duty of seaworthiness by assured is recognized as immunity for the underwriter. This is a measure to protect the underwriter through prevention of unexpected casualties which may be occurred from the unseaworthiness. In the Korean Marine Insurance Act the legal character of the assured's duty of seaworthiness is not clear whether it is a legal duty or contracted one. Accordingly, in this paper the author pointed out that the duty of seaworthiness of the ship should be interpreted according to the English Law. As a conclusion, the hull insurance does not require even implied warranty concerning seaworthiness, since it is recognized as one of implied fundamental warranty of the English Marine Insurance Act. Especially, this issue pointed out is very meaningful and advisable under the consideration of the existing conditions of the marine insurance regime for the distant-water fishing vessels and the catch carriers in Korea.

• 대한예방의학회:학술대회논문집
• /
• 2001.10a
• /
• pp.357-358
• /
• 2001

• The Journal of Information Technology
• /
• v.1 no.2
• /
• pp.15-24
• /
• 1998

C.I.F. and F.O.B. contracts are the chief terms used in international trade contracts. But, in recently, the multimodal transport which is based on the containerization and the improvement of air transport has been grown gradually, Regardless of theese change in international trade environment, most of the contract of sale is made by C.I.F. and F.O.B. contracts which are based on the traditional port to port transport. In other words, there are some limitation in terms of legal base in which traditional C.I.F. and F.O.B. contract is applied to the changed environment. Especially, problems arised in marine insurance which export by F.O.B. trade terms. Therefore, when the parties of the contracts of sale make an sale contracts by using the container ship and Multimodal Transport, they should use the F.C.A. and C.I.P. contracts Instead of F.O.B. and C.I.F. contracts for the transport of goods. And parties of the contracts of sale need to gain a better understanding of the characteristic of F.C.A. and C.I.P. terms and the problem of the F.C.A. and C.I.P. contracts used in the performance on international multimodal transport.

• East Asian Journal of Business Economics (EAJBE)
• /
• v.11 no.2
• /
• pp.39-57
• /
• 2023

Purpose - This paper is to examine the work of a third party in the process of import and export management. In other words, the purpose of this paper is investigate the status and functional role of a third party in relation to each terms of the trade contract. Research design, data, methodology - This study consists of 5 chapters through literature survey. It will examine the involvement of the third party through each terms. Chapter 1 introduction, Chapter 2 deals with trade contracts, Chapter 3 investigates the shipping terms, payment terms, and insurance terms, and Chapter 4 reviews with commercial arbitration. And in Chapter 5, it looks at the conclusion and implications. Results - The relevant party in the import and export management process may be a third party through outsourcing, not the principal. At this time, in fulfilling each condition of trade, it can be seen that the implementation of tasks through the participation of a third party with high expertise can more smoothly and productively implement the overall import and export management. Therefore, it can be seen that the implementation of the trade business in which the third party participated can be interpreted in terms of derivative effects and at the same time can be a way to improve the principal's competitiveness procedurally. Conclusions -Through this study, in the import and export management, the performance of the work through the agent makes the entire process more smooth and efficient. Outsourcing of roles using the expertise of a third party, a subcontractor rather than a principal, is desirable and important.

• Journal of Society of Preventive Korean Medicine
• /
• v.14 no.1
• /
• pp.77-96
• /
• 2010

Objectives : This paper recommends a global budget based payment system for reimbursing oriental medical services in the national health insurance. Methods : We analyzed previous research outcomes related to oriental medical services and payment system We reviewed the experiences of other countries' global budget system in terms of their strength and weakness. In addition, we developed a reimbursement method for oriental medical services based on global budget. Results : Our reviews focused on global budget system of Germany, the Netherlands, the United Kingdom, Canada, France, and Taiwan. The estimation of global budget in the national health insurance was described in two scenarios. First scenario was to allocate oriental medical services in scale after signing a contract for global budget. In this case, 4.16% of the national health insurance expenditure was allocated for the oriental medical services. Second scenario was to estimate the global budget in a historical context. As a result, the first scenario in total budget was higher than the second, and we proposed a retrospective adjustment method for the gap between the budget and the actual expenditure Conclusions : The payment system for oriental medical services is recommended to shift from fee-for-service to global budget.