• The Journal of the Convergence on Culture Technology
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• v.6 no.3
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• pp.33-43
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• 2020

The purpose of this study is to investigate the level of payment of accommodation charge to hotel customers and to analyze the differences in hotel choice factors according to the level of payment(low, medium and high prices) to present marketing measures for attracting customers by hotel price range. To achieve the purpose of research, a survey was conducted on hotel customers from February 1, 2020 to April 30, 2020. A total of 350 questionnaires were distributed, eliminating 45 inappropriate copies for analysis, and finally utilizing 305 questionnaires for analysis. According to the analysis, among the basic factors, the biggest difference between groups was hotel size, breakfast menu, restaurants, and auxiliary facilities. It was analyzed that there are differences between groups in the amenity section in the room factor and outside tourism programs in the incidental factor. The main factors were analyzed as the most important factor, although there were no differences between groups. Based on this, the marketing plan is proposed as follows. Low-cost hotels are targeted at women in their 20s with high school diplomas, and it is recommended to have low-cost price policies and promotions. Mid-priced hotels are targeted at men in their 40s with college degrees, and they should strive to operate shuttle buses, promote room prices, and educate employees. In the case of high-priced hotels, it was analyzed that overall service reinforcement, employee education, and viral marketing are important, targeting high school graduates in their 20s.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.99-122
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• 2012

According to the United Nations Convention on the International Sale of Goods, the Seller must deliver the goods, hand over any documents relating to the them and transfer the property the to the goods as required by the contract, and buyer must pay the price for the goods and take delivery of them as required by the contract. In particular, the seller provides the documents is important. If the documents are discrepancies in credit, the beneficiary may not receive the payment. So It is important to study on conditions of documents in international trade. Documents provided by the seller shall be determined by express terms. If there is no agreement on the express terms, it shall be determined by the implied terms or governing law terms. In practice Seller shall provide the documents are as follows, For example, transport documents, commercial invoice, certificate of origin, insurance policy, packing list, inspection certificate etc. As stated above if it can not be determined by express terms, it is determined by the implied terms. In international trade, leading to the implied terms is incoterms(R) 2010 and UCP 600. Incoterms(R) 2010 define the seller must provide the goods and the commercial in conformity with the sales contract and any other evidence of conformity that may be required by the contract and UCP 600 are rules that apply to documentary credit. This paper, the practical utility between Incoterms(R) 2010 and UCP 600 is studied.

• The Journal of Fisheries Business Administration
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• v.34 no.2
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• pp.27-52
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• 2003

The object of this paper is to review the fisheries subsidies of the major FFG(Fish Friends Group) which argue the elimination and the phasing-out, to compare with Korea's subsidies category and provide the basic information for planning of fisheries subsidies policy and the negotiation strategy in the future. The result from the comparative analysis of the subsidies between the major FFG showed that WWF(World Wildlife Fund) fisheries subsidies categories, with the exception of Marketing and Price Support Program which is similar to Korea in terms of the supporting type and methods, differ from those of Korea. Also, The unique type of WWF Fisheries Subsidies, which is beyond Korea's subsidies, are Direct Payment for Fishermen and Fishery Wokers, Capital ＆ Infrastructure Support, Fishery Management and Protection, etc. In case of capital support and fisheries fuel, the payment method or other institutional backgrounds is somewhat different from each nation. On the base of this analysis, this paper is suggesting the direction of the Korea's Fisheries subsidies policy as follows ; First, developing new policy methods and supporting ways such as Direct Payment for Fisherman is needed. Second, Converting fisheries subsidies category expected to be classified to Red Amber into another type of non-negative subsidies should be carried out, demonstrating that these kinds of subsidies give no negative effect to the environment and the trade, Third, Reviewing the categorize system of Korea's subsidies and revising it according to international trends is necessary as well. In respect to WTO/DDA, the watchful analysis of Korea's fisheries program must be preceding in ahead of making the negotiation strategy. And Korea firstly need to stress the fact that, while the major FFG can directly pay for fisheries section, other nations have no choice but supporting in preferential tax or loan manner. Using this kind of strategy, it is may enlarge the negotiating power in the WTO/DDA to reflect fully Korea's position.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.133-160
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• 2009

In International trade the buyer and seller are normally separated from on another not only by distance but also by differences in language and culture. It is rarely possible for the performance of obligations to be simultaneous and the performance of contracts therefore calls for trust in a situation in which the parties are unlikely to feel able to trust each other unless they have a longstanding and successful relationship. Thus the seller under an international contract of sale will not wish to surrender documents of title to goods to the buyer until he has at least an assurance of payment, and no buyer will wish to pay for goods until he has received them. A gap of distrust thus exists which is often bridged by the undertaking of an intermediary known and trusted by both parties who will undertake on his own liability to pay the seller the contract price in return for the documents of title and then pass the documents to the buyer in return for the reimbursement. This is a common explanation of the theory behind the documentary letter of credit in which the undertaking of a bank of international repute serves as a "guarantee" to each party that the other will perform his obligations. The independence principle, also referred to as the "autonomy principle", is at the core of letter of credit or bank guarantee law. This principle provides that the letter of credit or bank guarantee is independent of the underlying contractual commitment - that is, the transaction that the credit is intented to secure - between the applicant and the beneficiary ; the credit is also independent of the relationship between the bank and its customer, the applicant. The most important exception to the independence principle is the doctrine of fraud in the transaction. A strict interpretation of the rule that the guarantee is independent of the underlying transaction would lead to the conclusion that neither fraud nor manifest abuse of rights by the beneficiary would constitute an objection to payment. There is one major problem related to "Independent guarantees", namely abusive or unfair callings. The beneficiary may make an unfair calling under the guarantee. The countermeasure of beneficiary's unfair calling divided three cases. First, advance countermeasure namely by contract. In other words, when the formation of the contract, the parties must insert the Force Majeure Clause, Arbitration Clause to Contract, and clear statement to the condition for demand calling. Second, post countermeasure namely by court. Many countries, including the United States, authorize the courts to grant an order enjoining the issuer from paying or enjoining the beneficiary from receiving payment under the guaranty letter. Third, Export Insurance. For example, the Export Credit Guarantees Department is prepared, subject to certain conditions, to cover the risk of unfair calling. Of course, KEIC in Korea is cover the risk of the all things for guarantees. On international projects, contractor performance is usually guaranteed by either a standby letters of credit or Independent guarantee. These instruments will be care the parties.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.169-198
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• 2009

This paper sees some legal phases of the forfaiting transactions performed by using bills of exchange (drafts) or promissory notes. It focuses on the issues of the endorsement without recourse and the aval under the Korean statute for such negotiable instruments which is enacted by succeeding to the Convention Providing a Uniform Law For Bills of Exchange and Promissory Notes (Geneva, 1930) of the League of Nations. This paper purposes to give basic legal guides for forfaiting participants in order for them to be able to prevent and solve some problems caused by lack of understanding for relevant rules of law. Forfaiting is a useful technic as it provides financing for international export businesses by enabling forfaiters to discount future payment obligations on non-recourse basis. It gives benefits to exporters by removing political, transfer and commercial risks of importers or their country. Also it protects exporters from the risks of the increase of interest rates and the fluctuation of exchange rate as well. In traditionally normal forfaiting transactions, exporter of goods generally takes promissory notes or accepted drafts from importers in payment for the price of goods. Further, when the exporter is not comfortable with the importer's credit or is not confident whether the importer will pay the accepted drafts or the promissory notes as they come due, the exporter nomally requires the importer to make the importer's bank (avalizer or guarantor) add an aval, which is made by the written expression of intention, the words of "per aval", and the guarantor's signature on the drafts or promissory notes. The exporter endorses without recourse to transfer the drafts or the promissory notes to the forfaiter, typically a bank, who purchases the drafts or the promissory notes without recourse.

• KIEE International Transactions on Power Engineering
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• v.5A no.4
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• pp.416-424
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• 2005

At present, the Korean electricity industry is undergoing restructuring and the Cost Based-generation Pool (CBP) market is being operated in preparation of a Two Way Bidding Pool (TWBP) market. In deregulated electricity industries, an integrated power market simulator is one of the tools that can be used by market participants and market operators analyzing market behaviors and studying market structures and market codes. In this regard, it is very important to develop an electricity market simulator that reflects market code providing a market operation mechanism. This paper presents the development of an integrated market simulator, called the Power Exchange Simulator (PEXSIM), which is designed to imitate the Korean electricity market considering the various features of the market operating mechanism such as uniform price and constrained on/off payment. The PEXSIM is developed in VB.NET and composed of five modules whose titles are M-SIM, P-SIM, O-SIM, T-SIM and G-SIM interfacing the Access database program. To verify the features and the performance of the PEXSIM, a small Two Way bidding market with a 12-bus system and a One Way bidding market for generator competition will be presented for the electricity market simulations using PEXSIM.

• International conference on construction engineering and project management
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• 2009.05a
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• pp.1433-1439
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• 2009

Best value is the ultimate goal of the owner and can thus have diverse meanings according to the project characteristic, owner's purpose, user groups' payment capability, etc.. Recently, resettlement problems of the marginalized members in the urban regeneration area have been issued in Korea because they have no capability to purchase (or lease) redeveloped housing (or apartment). It means that a minimized production cost for reducing supply price of housing is a key factor in establishing the best value of the marginalized members. The lowest-price bidding system serves the purpose of ensuring a minimized production cost, but due to the low-cost investments, it creates various problems, such as sloppy construction, lowered quality, an increased LCC, and worsening profitability for builders. Thus, to help them resettle, it is necessary to supply affordable housing geared towards a certain appropriate quality and minimum construction costs. Towards this end, this study aimed to propose a cost reduction bidding system based on a technical proposal. The proposed technical-proposal-based cost reduction bidding system consists of the following components: work-unit-based, project-unit-based, and construction-period-reducing technical proposals. These components are evaluated to select the best bidder for a given project. The technical proposal based cost reduction bidding system proposed herein is expected to provide facilities with appropriate supply prices and appropriate quality levels, to bolster the technological competitiveness of builders.

• 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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.25-46
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• 2015

The purpose of this paper is to provide a legal implication about conformity of goods in the international commercial transactions. There are so many legal relationship after the formation of contract. The most of important thing among the obligations of seller is to provide conformal goods which are of quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. If seller violate above duties, seller take the warranty liability. However, CISG describe the conformity of the goods instead of the warranty as follows. First, CISG Art.35(1) states standards for determining whether goods delivered by the seller conform to the contract and Art.35(2) describes standards relating to the goods' quality, function and packaging that, while not mandatory, are presumed to be a part of sales contracts. Article 35(2) is comprised of four subparts. Two of the subparts (article 35(2) (a) and article 35(2)(d)) apply to all contracts unless the parties have agreed otherwise. Second, CISG Art.36 and 38 deals with the time at which a lack of conformity in the goods must have arisen in order for the seller to be liable for it. If seller lack of conformity becomes apparent only after that time, seller is liable for a lack of conformity existing when risk passed to the buyer. Third, CISG Art.49 describe that a buyer who claims that delivered goods do not conform to the contract has an obligation to give the seller notice of the lack of conformity. The most of important things about CISG articles and precedents is that buyer is aware of the lack of conformity and notice it to seller. Failure to satisfy the notice requirements of article 39 eliminates a buyer's defence, based on a lack of conformity in delivered goods, to a seller's claim for payment of the price. Consequently, parties of contract had better agree to the notifying times about lack of conformity. Also, If seller fined the non-conformity, seller has to notify this circumstance to the buyer within short period or agreed time.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.55
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• pp.155-181
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• 2012

This study considered as precautions in light of practical affairs related to a claim for damages focusing on CISG (1980) and PICC (2004). Given summarizing contents of this study, those are as follows. First, when exercising a claim for damages, proving the damages may be difficult and hard. Thus, there is necessity for stating the liquidated damages clause in contract given conclusion of contract. Second, as for the application of interest rate given a claim for interest, CISG is not covered interest rate. PICC is covered interest rate. However, there is possibility that PICC will not be applied as general principles. Thus, to remove this insecurity and uncertainty, there is necessity for stating this in contract by deciding on the detailed standard stipulation after fully discussing about interest payment with the counterpart given sale contract. Third, when a seller delivered non-conformity of the goods for contract, a buyer is desirable to exercise by discreetly judging the exercise method or limitation element on a problem of selecting and exercising remedy favorable to oneself out of a claim for damages and a right to reduce the price. Finally, There was suggestion that the contract parties are desirable to utilize by modifying and supplementing properly this in line with own business-based necessity and situation based on the ICC Model International Sale Contract, and to state CISG and PICC the governing law clause, in preparing contract. This study is expected to possibly become guideline in which the damaged party exercises a claim for damages or aims to cope with the counterpart's exercising a claim for damages.