• Journal of Arbitration Studies
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• v.29 no.1
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• pp.53-70
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• 2019

This study analyzed some cases of the China International Economic and Trade Arbitration Commision (CIETAC) related to the application of the Contracts for the International Sale of Goods (CISG). As a contracting party of the CISG, China has accumulated a considerable amount of experience in applying CISG through commercial arbitrations. This study sought to understand how CISG is operated in commercial arbitration in China. By analyzing actual cases in China, Korean commercial arbitration can avoid mistakes and further improve. This study of Chinese cases will give some useful information for Korean companies. As defined by the CISG, the applicability can be divided into direct application and indirect application. When China joined the CISG, it made a reservation out of Article 1(1)(b). Korea and China are contracting parties to CISG and CISG is, therefore, directly applied. It is beneficial for Korea to understand how CIETAC is indirectly applied in China then. Some of the results of this study are as follows: First, CIETAC made a correct judgment most of the time on the direct application of CISG. However, there were mistakes in the judgment of the nationality of the parties in a few cases. The parties must clearly define applicable laws when entering into a contract. Secondly, the 2012 "CIETAC Arbitration Rules" was revised so that the "party autonomy" was introduced into Chinese commercial arbitration concerning indirect application. Therefore, the principle of autonomy of the parties was not fully recognized in the past judgments. Instead, the domestic law of China was applied in accordance with the reservation of Article 1(1)(b). Thirdly, China did not explain the application of CISG in Hong Kong, which led to ambiguity in concerned countries. Therefore, it is necessary to confirm the status of CISG in Hong Kong. In addition, Korean companies should clearly define the applicable laws when dealing with Hong Kong companies.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.37
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• pp.107-130
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• 2008

The purpose of this study is to provide the guideline for the loss of documents relating to the delivery of documents under Letter of Credits transactions. If the documents are lost while in transit from the nominated bank to the issuing bank neither the nominated bank nor the issuing bank is liable as Article. 35 of the UCP600. Normally such matters are settled amicably between banks and problems are only likely to give rise to litigation where this cannot be done and the applicants does not want the goods or take delivery or sell them on because of the loss of documents. UCP 2007 Revision stated that a presentation is complying and forwards the documents to the issuing bank, whether or not the nominated bank has honoured or negotiated, an issuing bank must honour or negotiate, or reimburse that nominated bank. Accordingly, the applicant liable to the issuing bank for any damage sustained as a result of the loss of document. In such circumstance it might be possible to obtain a second(duplicate) set of documents that were sufficient to satisfy the applicant that the document were compliant and enable the applicant to obtain deliver of documents or comply with the terms of a sub-sale. If the applicant does not want the documents presented, no the less, the bank might find it difficult to prove that complaint documents had been presented and, subject to the terms of arrangement with the buyer, could be liable for damage sustained by the applicant as a result the loss of the documents.

• Management & Information Systems Review
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• v.14
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• pp.151-180
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• 2004

Owing to the digital revolution, Internet Commerce and Electronic commerce, revolutionize the way of doing business and making payment. The entrance of the Internet has a prominent for spread of Electronic Commerce and those phenomenons will result in paperless trading and cashless trade. By virtue of Internet, an increasing share of business transactions occurs online. Electronic payment is essential for the smooth progress of the electronic commerce as electronic payment plays the important role in the electronic commerce, that is, the value transfer restyling from the electronic commerce. Traditionally international settlement systems such as letters of credits, remittance and documentary collections operated as important and poplar method of payment, Now, information technology has made it possible to pay for the sale of goods and services over the internet. In international trade, there are service providers (bolero, TradeCard, BeXcom) to settle payment electronically through the Internet. The purpose of this study is to Conduct comparative analysis with approach manner functional respect systematic respect, role. It is shown which the Electronic payment system is better. In this study, the author attempts to find the problems is (bolero, TradeCard, BeXcom) and solutions in switching from the documentary payment system to the electronic one. This conclusion of this study can be summarized as followings. In resoect of the law, bolero should seek to prevert the users from being treated unfairly due to multilateral agreement on Rulebook. TradeCard, BeXcom do not have the proper law that users are governed. so far as the practice problems concerned, stability of computer's operation and security of message interchange should be warranted and improved continuously. Through the standardization of the electronic document and the development of software, the examination of the shipping occuments must be done automatically. Bolero should induce more banks to take part in Bolero, and make the carrier the cost and time in managing the traditional document which will be used for the time being. In respect of information technology and security, to deduce the risk in the electronic settlement system and positively uses the global authentication guideline(Identrus).

• Journal of Arbitration Studies
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• v.22 no.1
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• pp.65-88
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• 2012

Even though there are some discrepancies in detail with the legal characteristic of the issuing bank's notice to the beneficiary of opening of the letter of credit, article 25 of "the Korean Private International Act(hereunder, 'KPIA')" can be applied to the legal relation between the issuing bank and the beneficiary or the negotiating bank. According to article 26 of the KPIA, if there is no agreement between the issuing bank and its opponent party as to the governing law issues, a state's law which has the closest relationship with the subject case may be applied. In the latter case, given the facts that the issuing bank plays important roles in every phasis of the sale of goods by the letter of credit, a law of place where the issuing bank's business premises is situated(the $lex$ $situs$) can be the applicable law. Meanwhile, "the Korean Supreme Court(hereunder 'KSC')" held that the beneficiary or the negotiating bank can claim any damages arising due to the refusal or deferred payment of the issuing bank, and the law which governs the above mentioned situation is the same law that is applicable to the legal relation between the issuing bank and the beneficiary or the negotiating bank. The main reason of the KSC's ruling is that the nature of the legitimate interest rate which is stated in article 3 of "the Act on Special Cases concerning Expedition etc. of Legal Proceeding(hereunder 'ASCELP')" is substantial matters, not procedural. Taking into account, however, that the main object of ASCELP lies in expedition of legal proceeding, prompt realization of people's rights and duties, and prevention of delayed legal proceeding, it is recommendable that ASCELP, instead of the law applicable to the legal relation between the issuing bank and the beneficiary or the negotiating bank, should be applied to the cases in which the malicious debtor's only and main purpose is delaying the legal proceedings. On the other hand, even if the issuing bank's duty of examination of the documents which were tendered by the beneficiary or the negotiating bank is restricted to the formality and strict conformity of the documents and not the substantiality of the documents, the issuing bank still has to examine the documents with due diligence that is required to the banks whose main business is sales of documents, not the real goods. In this regard, under the circumstances where the document lacked the regularity and/or the formality on its face because of the forgery of the document and where it was expected that an ordinary banker might have easily found any faults with the document, the issuing bank must compensate any parties for damages when it pays money without due diligence as a banker who engaged in the sales of documents.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.62
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• pp.135-178
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• 2014

The Uniform Commercial Code (UCC) sets the standards of good faith in a commercial transaction for the sale of goods. With every sales contract, there is an implied obligation for both the seller and the buyer to negotiate the contract and perform under the terms of the contract in good faith. The agreement between both parties and the customs in the industry determine how the good faith standard should be applied to a particular transaction. Generally, the meaning of good faith, though always based on honesty, may vary depending on the specific context in which it is used. A person is said to buy in good faith when he or she holds an honest belief in his or her right or title to the property and has no knowledge or reason to know of any defect in the title. In section 1-201 of the UCC good faith is defined generally as "honesty in fact in the conduct or transaction concerned." Article 2 of the UCC says "good faith in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade." The sales contract will generally determine which party is required to perform first. This provision helps to determine if the buyer or the seller is in breach of the agreement due to failing to perform as stated by the contract. Either the seller must deliver the items before the buyer is required to accept and pay or the buyer must pay for the items before the seller has the duty to act in good faith and deliver the items in a reasonable manner. If the contract does not specifically define who is required to perform, industry customs and fair trade may determine what is acceptable for the transaction. Under the UCC, the buyer is required to pay for the goods when they are delivered, unless the contract states otherwise. Therefore, the UCC imposes an obligation of good faith on the performance of every contract or duty under its purview. The law also generally requires good faith of fiduciaries and agents acting on behalf of their principals. This article discusses problems of the principles of good faith under the UCC. Specifically, this paper focuses on the interpretation of UCC sections and analysis of various cases. By comparing, also, UCC and Korean law, the paper proposes some implications of good faith issues for Korean law.

• International Journal of Advanced Culture Technology
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• v.9 no.3
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• pp.92-99
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• 2021

In this research, it was investigated the competence of Korean salesmen in the insurance business(B2C, consumer goods marketing) and information communication industry(B2B, industrial goods marketing) at the individual level rather than the organizational level. The salesperson's Guanxi ability means the salesperson's ability to create, maintain, develop the Guanxi ability. Namely, it was investigated whether the Korean salesman's Guanxi ability is the effective and persuasive concept in explaining the sales performance(company performance, business performance). The purpose of this paper was to verify which variables, among Guanxi ability and customer orientation, better explain the sales performance of salespeople. The Western concept of marketing that is closest to Guanxi is the concept of the customer-orientation that is based on the theory of relationship exchange. Confucian culture in the East is the construct concept, Guanxi is the measurement. The relational exchange theory in the West is the construct concept, customer orientation is the measurement. As the result of the analysis, we found that the Guanxi proved a greater correlation with sales performance than customer orientation. In the information technology industry, there was a big difference compared to insurance industry, whereas Guanxi and customer orientation had a similar level of correlation with sales performance. In the case of the insurance industry, we found that the Guanxi and sales performance were significant but the customer orientation and sales performance were not. This means that sales performance can be accurately and sufficiently explained only by adding the Guanxi ability in addition to customer orientation. The result of analyzing the mediating effect of the Guanxi ability between customer orientation and company performance, customer orientation was significant with Guanxi, and customer orientation and company performance were also significant. But, when the Guanxi was used as the parameter, the Guanxi was significant with company performance, but the customer orientation was not. Even when the dependent variable was business performance, when the Guanxi was used as the parameter, we found that the Guanxi was significant with the business performance, but the customer orientation was not. Namely, it proved Guanxi ability and customer orientation are completely independent concepts. In addition, we found that the information technology industry, unlike the insurance industry, mediated the Guanxi ability between customer orientation and sales performance. We confirmed that in the future, salespeople should not only rely on rational methods to maintain and reinforce customer relationships, but must consider the emotional factors through empathy with customers.

• Korea Trade Review
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• v.43 no.3
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• pp.199-218
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• 2018

The force majeure in the international sale of goods has been widely used regarding liability and settlement of disputes in the event of breach of contract due to circumstances beyond the control of the parties. The purpose of this study is to examine the judgment criteria and cases concerning on force majeure in the application of FTA preferential tariffs. In order to achieve this purpose, this paper uses a literature review and case analysis on exceptional circumstances under the Korea·ASEAN FTA and the Korea·EU FTA. This study, this paper provides several implications for companies seeking preferential tariffs regarding the Korea·ASEAN FTA and the Korea·EU FTA. Korean companies are subject to the following: confirm the denial article of FTA preferential tariffs stipulated in the Korea·ASEAN FTA and the Korea·EU FTA, consider the judgment criteria on exceptional circumstances of customs authorities, confirm the extension criteria on the validity period of certificate of origin, confirm the reply criteria of verification result of the customs authorities of the exporting country, and confirm the violation of the principle of good faith for unrequested action on reply of verification result of customs authorities.

• Korea Trade Review
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• v.48 no.3
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• pp.23-41
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• 2023

The seller and the buyer write down the agreed details in the trade contract as trade contract clauses. In the case where a letter of credit is agreed to be the payment condition, the buyer shall open a letter of credit to the seller with the shipping date specified in the trade contract through its bank. In this case, the legal relationship between the performance date of the trade contract and the shipment date of the letter of credit, the change of the performance date of the trade contract due to the change of the trade contract and the change of the shipment date specified in the letter of credit, the seller's letter of credit A problem arises in the legal interpretation of the approval period and the change request period. Therefore, this paper analyzed the precedents of the Seongnam Branch of the Suwon District Court and the Seoul High Court related to these legal issues. The performance date of a trade contract is the seller's delivery date and the buyer's payment date. In the letter of credit transaction, the date of performance of the trade contract is regarded as the date of shipment and the date of negotiation of documents specified in the letter of credit. The seller must decide whether to accept the letter of credit within 5 banking days after receiving the letter of credit from the buyer. After this period has elapsed, the seller cannot refuse the letter of credit. However, if the buyer is unable to decide whether to accept the letter of credit within 5 banking days due to reasons attributable to the buyer, the delivery date specified in the letter of credit will be extended. If the seller requests an amendment to the letter of credit, the buyer must accept it and open the letter of credit the seller desires to the seller. If the buyer refuses the seller's request to change the letter of credit, company A has the obligation to change and reopen the letter of credit as requested by company B. Expect by agreeing on the quotation As it is a fundamental breach of contract stipulated in Article 25 of the United Nations Convention on Contracts for the International Sale of Goods, company B can cancel the trade contract and claim damages from company A. Compensation for damages caused by Company A's breach of the trade contract shall be an amount equal to the loss suffered by Company B as a result of the breach, including loss of profits.