• Korea Trade Review
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• v.41 no.3
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• pp.199-215
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• 2016

International factoring is necessary for small & medium export companies because using documentary credit has been declined and credit transaction has increased. In Korea, however, only EXIM bank supports the factoring service, apart from foreign banks. Even though the amount of international factoring has increased in Korea, factoring service is at a standstill, compared to its trade volume. Perhaps there are a few reasons but the biggest reason for the indifference to the factoring service is a lack of understanding and inadequate legal system in Korea. This paper aims to compare factoring service in Korea with that of China and Japan. And it also suggests the improvement of problems to the factoring service by analysing the examples of business practice.

• International Commerce and Information Review
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• v.10 no.2
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• pp.391-410
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• 2008

Emphasis on relationship management might be found out from Williamson (1975), who tried to elucidate why an organization exists. According to his transaction cost theory, an organization is established to evade opportunistic actions of the market and build up a hierarchy of value chain. However, judged from the perspective of exchange relationship in a trade, the transaction cost theory was likely to approach to buyer-seller relationship by the mechanism of competition. Therefore, an organization exists to control the competition of the market. Relationship management suggested by relationship marketing focuses on cooperation between buyers and sellers, rather than competition against each other. Relationship management aims to provide a framework for making a market relationship that might become an asset or a resource of the firm. In the process of maintaining and strengthening long-term and cooperative relationship with all stakeholders included customers, suppliers and staff, they continue to create new values. The purpose of this empirical research, by investigating how relationship management of multinational enterprises influences on their competitive advantages and performances, is to suggest that a cooperative relationship established for a long time in the market, so-called quasi-market relationship, substitutes for an organization.

• Journal of Arbitration Studies
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• v.23 no.4
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• pp.191-209
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• 2013

The amount of international trade conducted through Hong Kong (HK) is increasing, thus rendering the legal framework governing contracts of sale between Mainland China (China) and HK is of particular importance. The status of HK under the CISG is currently unclear, however. First, the CISG entered into force in China in 1988. This important development had no legal effect for HK though as China lacked the power to enter into international conventions for HK. Second, the "Letter of Notification" deposited to the Secretary-General of the UN referred a list of treaties to be applied to HK, taking effect from July 1, 1997. This list, however, made no mention of the CISG. Third, China made a reservation in Article 95 of the CISG. Pursuant to Article 1(1)(b) of the CISG, the CISG cannot apply to HK. As a result, the Chinese Arbitral Tribunal apply the Chinese law according to the closest connection principle with the contract. In this case, attention must be given to the different result to which the CISG is applied. Liability for damages pursuant to the Chinese Contract Law (CCL) is just the same as Article 74 CISG, but CCL does not govern the case with substitute transaction and without substitute transaction when the contract is avoided. Therefore, the contract should be governed by the CISG from a business perspective when a contract is concluded between China and HK; otherwise, a promisee could not be fully compensated for all loss incurred.

• Journal of Arbitration Studies
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• v.21 no.3
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• pp.189-211
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• 2011

This article aims at analysing the practical problems of FOB and CIF terms relating to Incoterms$^{(R)}$2010 in case of L/C transactions and presenting the defending measures against them. According to Incoterms$^{(R)}$2010, FOB and CIF terms are to be used only for sea or inland waterway transport and require the seller deliver the goods on board the vessel nominated by the buyer at named port of shipment. So if FOB and CIF terms will be used in sea transport under L/C transaction, the seller should ship the goods on the nominated vessel and present the shipping document indicating "on board vessel" to the issuing bank but the parties agree to present the received bill of lading according to special condition on L/C which is" received bill of lading are acceptable". In practical transaction, FOB and CIF terms are usually used in aircraft cargo, container cargo or multimodal transport. these facts are a violation of Incoterms. Incoterms$^{(R)}$2010 which regulated that FOB and CIF terms may not be appropriate where goods are handed over the carrier before they are on board the vessel for example goods in container. These transactions are a temporary expedient and breach of Incoterms in the international trade which must be corrected as soon as possible.

• Korean Association of Arts Management
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• no.51
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• pp.191-219
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• 2019

Adoption of applicable law for the international trade of artworks is closely related to the results of lawsuits. Recently, starting with New York, the hub of the international artworks market, a modern, mixed-law is gradually being adopted more. It is difficult to designate an applicable law of an international trade of artworks through private laws regulations of relevant countries, and the public laws regulations must also be considered in relation to individual benefits and the public benefits to the relevant countries. With regards to the foreign relations issues, Korea's private international law embraces a so-called public order theory, and according to the Section 7 of the Act on the Private International Law and its enactment history, the compulsory provision, which seems appropriate for application to the corresponding matter, applies without regards to the selection of the applicable law. The Civil Act of Korea acknowledges bona fide acquisition of a cultural asset, in principle, if the Cultural Heritage Protection Act is not applicable. Moreover, a lost artwork is also a subject of bona fide acquisition; however, if the relevant artwork is either stolen or lost, the original owner has the right to demand the return of that artwork within 2 years of being stolen or lost according to the Section 250 of the Civil Act. Also, if the buyer purchased from a distributor specializing in the artworks, such as auction, open market or gallery, the buyer could request a compensation of the purchase price from the original owner, and if the buyer purchased through a private transaction, the buyer cannot demand a compensation of the purchase price and must return the artwork.

• Korea Trade Review
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• v.42 no.2
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• pp.319-344
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• 2017

The international standard certification evaluates the extend to which the supplier satisfies the international standard certification standards of the supplier of the product and the service, recognizes the quality assurance ability and reliability of the supplier, thereby resolving the international trade regulation that can occur to various fields and strengthening the network of the global partnership it is making an important contribution. Therefor, in this study, the survey was conducted on 153 companies of Korean import and export companies. The research method was empirically analyzed by the structural equation model. The results of the hypothesis test of this study are as follows. First, resource management factors among the international standard certification factors in the global trade supply chain integration had a positive effects on CRM satisfaction. Second, the measurement, analysis and improvement factors of international standard certification factors had a positive effects on CRM satisfaction. Third, CRM satisfaction has a positive effects on business performance. Through this study, it is concluded that the Korean import and export companies have an important role in improving the business performance of the global trade partners.

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.183-197
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• 2014

1. This study focuses on recent developments of trade transaction between Korea and China. The volume of trade is most rapidly increasing. There have been many items considered to ensure the proper, impartial, and rapid settlement of disputes in private laws by international arbitration. The article contains recent tendencies and proceedings of cases including place of arbitration, language, and so on. 2. The contract made between parties has led to some interpretational, legal questions. Interpretational questions rise mainly from differences of legal systems and legal questions on applying law. The characteristic features of the contract have different meanings, so some articles of the contract can be construed unlawful as a result. 3. As regards the Arbitration Act of Korea, Article 10, the Arbitration Agreement and Interim Measures by Court stipulate the following: A party to an arbitration agreement may request from a court art interim a measure of protection before or during arbitral proceedings. This article examines the application of Article 10 of the Arbitration Act of Korea.

• Korea Trade Review
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• v.46 no.6
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• pp.225-238
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• 2021

This study analyzed the recent precedents of the Korean Supreme Court's Royalty and License fee on this issue and presented implications for future taxation of Royalty and License fee and digital content imports related to reproduction rights. If the price related to imported goods and the price not related to them are combined, it is necessary to revise the statutes to supplement the allocation method of royalty and license fee. In addition, if there is an agreement or a back contract for intellectual property rights through the headquarters or branch office other than the trading party, a method of inducing the importer to voluntarily report it when reporting imports should be considered. Whether Royalty and License fee is taxed or not must be determined after examining the various contract details and circumstances of the transaction.

• International Commerce and Information Review
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• v.12 no.4
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• pp.509-535
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• 2010

This paper examines the Spaghetti bowl effect that different tariffs and rules of origin in multiple FTAs have resulted in increasing the significantly additional burden for business when it comes to apply for the use of FTA preference. The wide spread of FTAs in the several years, from 2003 to 2010, has been the most important trade policy development in economically important Korea. Korea presently has 5 FTAs in effect, and made 3 additional agreements which will be expected to take effect in next year. With the study result and expecting a growing number of FTAs in Korea in a next decade, the international trading firms will face rise of transaction costs for enterprises, particularly small- and medium-sized enterprises(SMEs) to cope with multiple tariffs and rule of origins in FTAs. To help mitigate negative effects and facilitate a more SEMs to use the FTA preference, providing new computer programs system, increasing the awareness of FTA provisions, improving business participation in FTA consultations, and SME support in light of education, and financial support are needed.

• Journal of the Korean Institute of Navigation
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• v.11 no.2
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• pp.1-31
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• 1987

Nowadays, the transportation of almost all cargoes depends on sea routes in international trade. In the transaction of trade, cargo transportation must be completed on the base of two contrary objectives, one of which is to protect the vessel, cargoes and crew aborad her safely through every step of the transportation and the other is to pursue profits from the transaction of the trade. In spite of the great development of the modern techniques in shipbuilding today, many sea disaters of big merchant vessels have been occurring successively in winter seasons every year on the sea routes of the North Pacific Ocean. Whenever the accident of losing a vessel in rough sea occurred , many experts of the country to which the vessel belonged had tried to take out the reason of the missing without manifesting the exact cause of the unhappy occurrence. In this paper, we calculated ocean wave status along the route of the North Pacific Ocean theoretically concluded by us as optimum on the basis of weather and sea conditions. In the calculation, we used ITTC wave spectrum formula and meteorological data of "Winds '||'&'||' Waves of the north Pacific Ocean" edited by Ship Research Institute of Japan on the basic data assembled by World Meterological Organization through past 10 years. We selected three sample vessels of most common size in the North Pacific Ocean Routes, a container, a log carrier and a bulk carrier and applied tree sample vessels to the calculated sea conditions for getting the rolling angles of the vessels and stress exerting on the hulls. Examining the calculated results, we concluded as follows; 1. Under the condition of these status7 by beaufort scale, "heave to" maneuvering is the best and safest way to steer every vessel. 2. The most dangerous part of sea area along the west bound optimum route of the North Pacific Ocean in winter season, is the southern sea area of the Kamchatka peninsula.a peninsula.