• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.23
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• pp.155-219
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• 2004

This paper focuses on two recent legislative developments in electronic commerce: the "Uniform Computer Information Transactions Act" ("UCITA") of USA and the "preliminary draft convention on the use of data message in [international trade] [the context of international contracts]" ("preliminary draft Convention") of UNCITRAL. UCITA provides rules contracts for computer information transactions. UCITA supplies modified contract formation rules adapted to permit and to facilitate electronic contracting. UCITA also adjusts commonly recognized warranties as appropriate for computer information transactions; for example, to recognize the international context in connection with protection against infringement and misappropriation, and First Amendment considerations involved with informational content. Furthermore, UCITA adapts traditional rules as to what is acceptable performance to the context of computer information transactions, including providing rules for the protection of the parties concerning the electronic regulation of performance to clarify that the appropriate general rule is one of material breach with respect to cancellation (rather than so-called perfect tender). UCITA also supplies guidance in the case of certain specialized types of contracts, e.g., access contracts and for termination of contracts. While for the most part carrying over the familiar rules of Article 2 concerning breach when appropriate in the context of the tangible medium on which the information is fixed, but also adapting common law rules and rules from Article 2 on waiver, cure, assurance and anticipatory breach to the context of computer information transactions, UCITA provides a remedy structure somewhat modeled on that of Article 2 but adapted in significant respects to the different context of a computer information transaction. For example, UCITA contains very important limitations on the generally recognized common law right of self-help as applicable in the electronic context. The UNCITRAL's preliminary draft Convention applies to the use of data messages in connection with an existing or contemplated contract between parties whose places of business are in different States. Nothing in the Convention affects the application of any rule of law that may require the parties to disclose their identities, places of business or other information, or relieves a party from the legal consequences of making inaccurate or false statements in that regard. Likewise, nothing in the Convention requires a contract or any other communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract to be made or evidenced in any particular form. Under the Convention, a communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract, including an offer and the acceptance of an offer, is conveyed by means of data messages. Also, the Convention provides for use of automated information systems for contract formation: a contract formed by the interaction of an automated information system and a person, or by the interaction of automated information systems, shall not be denied on the sole ground that no person reviewed each of the individual actions carried out by such systems or the resulting agreement. Further, the Convention provides that, unless otherwise agreed by the parties, a contract concluded by a person that accesses an automated information system of another party has no legal effect and is not enforceable if the person made an error in a data message and (a) the automated information system did not provide the person with an opportunity to prevent or correct the error; (b) the person notifies the other party of the error as soon as practicable when the person making the error learns of it and indicates that he or she made an error in the data message; (c) The person takes reasonable steps, including steps that conform to the other party's instructions, to return the goods or services received, if any, as a result of the error or, if instructed to do so, to destroy such goods or services.

• The Journal of Society for e-Business Studies
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• v.20 no.1
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• pp.23-43
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• 2015

Information and communications technology facilitates collaboration among individuals by functioning as an open platform for open collaboration projects. In this regard, this study aims to understand the network characteristics of participants who contribute greatly to open collaboration by investigating the mutual cooperation network in an open source project, which represents a form of open collaboration based on social network theory. To achieve this objective, this study analyzes the network centrality of developers with a high number of commits, particularly 8,101 developers in 782 repositories in GitHub, a representative open source platform. This study also determines how the relationship between network centrality and number of commits depends on the size of a repository network and the presence of a hub. Consequently, the number of commits by developers with high degree, betweenness, and closeness centrality is increasing. Among which, betweenness centrality has the highest explanatory power. Furthermore, when a hub is present and as network size increases, the relationship between the betweenness centrality of a developer and his/her number of commits continues to grow. This study is expected to provide suggestions for the successful performance of open collaboration projects in the future.

• International Area Studies Review
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• v.13 no.3
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• pp.287-308
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• 2009

This article examines the distributional characteristics of the return of Chinese stock market indices. The majority of previous empirical researches have tended to focus upon the simple stock market index. However, this study focuses on the four indices which represent the characteristics of each stock market index. The empirical findings indicate that the returns of the four chinese indices are not normally distributed at conventional levels. The Ljimg-Box -statistics indicate the returns of the index of A shares are not serially autocorrelated. However, the returns of the index of B shares are serially autocorrelated. The empirical findings also indicate returns of the four chinese indices are not serially autocorrelated. The statistics of Regression Specification Error Test and ARCH indicate the returns of all four indices are not serially linear. The findings also indicate that E- GARCH model is the most fittest model for the returns of the four chinese indices and the forecast error can be reduced by using student t distribution rather normal distribution.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.3-29
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• 2015

In case of C-410/11, Pedro Espada $S\acute{a}nchez$ and Others v Iberia $L\acute{i}neas$ $A\acute{e}reas$ de $Espa\tilde{n}a$ SA., ECLI:EU:C:2012:747, the passengers of a flight between Barcelona and Paris, whose baggage had been lost, lodged a claim before a Spanish court, asking for compensation. More specifically, the claimants were a family of four (two adults and two children), and had stored all their personal items in two suitcases, which had been checked in and tagged but never returned to the passengers in question. The four claimants relied on the Montreal Convention, ratified by the EU, which provides that each passenger can claim up to 1,000 SDRs in compensation (i.e. ${\euro}1,100$) in case his or her baggage is lost; thus, they sought to recover ${\euro}4,400$ (4,000 SDRs, i.e. 1,000 SDRs x4). The preliminary reference issue raised by the Spanish court to the CJEU regarded the $Montr\acute{e}al$ Convention's correct interpretation; in particular, it asked whether compensation should be available only to passengers whose lost baggage had been checked in "in their own name" or whether it is also available to passengers whose personal items had been stored in the (lost) baggage of a different passenger. The CJEU held that compensation had to be granted to all passengers whose items had been lost, regardless of whether these had been stored in baggage checked in "in their own name." In fact, it maintained that the real aim of the $Montr\acute{e}al$ convention is to provide passenger-consumers with protection for the loss of their personal belongings, so the circumstance of where these were being carried is not relevant. Nevertheless, the CJEU clarified that it is for national courts to assess the evidence regarding the actual loss of an item stored in another passenger's baggage, and maintained that the fact that a group of people were travelling together as a family is a factor that may be taken into account.

• Journal of Food Hygiene and Safety
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• v.32 no.5
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• pp.348-354
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• 2017

Internationally different food safety regulation and standards could cause troubles in trade unless those are built on scientific knowledge. In this research, we monitored the microbial population and analyzed the results to determine the level of microbial contamination in foodstuffs using relatively new statistical analysis (microbiological sampling plan, International Commission on Microbiological Specification for Foods). The goal of this research falls on establishing entirely new standards for various food categories addressed in the Korean "Food Code". Targets for monitoring were indicator organisms (i.e. total aerobic count, coliform and Escherichia coli) and foodborne pathogens (i.e. Bacillus cereus, Staphylococcus aureus and Clostridium perfringens) in ready-to-eat (RTE) products. As the result of the monitoring, total aerobic count, coliform, E. coli, and B. cereus in RTE products were found at the mean values of 2.10 log CFU/g, -0.60 log CFU/g, -1.33 log CFU/g and -1.23 log CFU/g, respectively. S. aureus was detected with the level of -1.35 log CFU/g only in fresh-cut food, while C. perfringens was -1.37 log CFU/g only in ready-to-cook food. Other samples did not have any food borne pathogens. Total aerobic count, B. cereus, S. aureus and C. perfringens satisfied the Food Code (the MFDS). On the basis of the analysis, we proposed a draft of microbial criteria for RTE products.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.177-199
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• 2015

Commerce enriches human life enriched and within commerce, transportation of cargo is arguably the most important in business transactions. Traditionally, marine transport has been major commercial transaction, but carriage cargo by air is on the increase. While the fare for freight in comparison with that of ocean is higher, air freight has many benefits that justify the higher shipping fee; lower insurance premium, packing charges, inventory control, cost management and especially speed. Therefore, air freight transport is accumulating gradually. An air waybill(AWB) is needed in the air transport flow. It is a nonnegotiable security, so the holder cannot transfer of a right to a third party. Some scholars suggest that a negotiable AWB is needed. However, it seems nearly impossible to do so; an e-AWB use shows a gain in numbers, even if it has not met expectations. Going forward, it would appear reasonable to conduct a follow-up study on the utility and legal problem for e-AWB. After sending goods, the consignor has the right of disposition of cargo in some cases, and more research is necessary, because it is related to change of ownership and a trade settlement. According to WATS (World Airlines Transport Statistics), the Korean Air took third place in international freight in 2014, and fifth in total, domestic and international to great acclaim. However, there is a lack of research supporting the business showing. It is hope that more studies on e-AWB, stoppage in transit, and a risk of outstanding amount, etc. connect to develop Korean air freight industry.

• Journal of Distribution Science
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• v.11 no.6
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• pp.31-40
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• 2013

Purpose - The Northeast Asian Logistic Hub strategy was established to create a national competitive advantage in northeast Asia. Countries in this region are competing fiercely to become the central base distribution port as the volume of container shipping continues to increase due to the northeast Asian (especially Chinese) economic growth. The primary method by which shippers are improving their customer service and distribution is enhancing profits by minimizing call ports on the key route through strategic affiliations and the use of large vessels. Each nation is planning large-scale investments in the construction of sea ports that can accommodate large vessels. This paper proposes ways by which the logistical strategies of domestic corporations can keep pace with changes in government policy concerning the Northeast Asian Business Hub policy. It examines the logistics system in the Northeast Asian region, analyzes the government's Northeast Asian Business Hub policy, and suggests logistical strategies for domestic corporations through an analysis based on a questionnaire designed to grasp domestic firms' needs and goals. Research design, data and methodology - The purpose of this study is to determine how shipping companies establish partnerships with third-party logistics providers and draws out the implications of the results. The survey methods used were personal interviews and questionnaires distributed to a sample population through e-mail, fax, mail, and telephone. A total of 600 questionnaires were distributed, of which 165 were returned. Among these, ten were excluded due to insufficient content; ultimately, 155 were used for the sample. The statistical data collection process was analyzed through data coating and a statistical package program. Results - This study argues that greater flexibility in policies, administration, and systems will be needed to significantly improve established business practices. In this dissertation, we primarily identify that in order to become a center of northeast Asian logistics, Korea must adopt a new paradigm and abandon the existing systems that are based on the economic and social systems that have stemmed from bureaucracy, inflexibility, chauvinism, and equalitarianism. Flexible policies, administration, and systems will be necessary to improve business practices. Domestic corporations must establish a strategic logistics hub and related network while simultaneously pursuing value-added logistics businesses by increasing their manpower and building a logistics information system. This will strengthen their competitive edge and lead to system improvements. Conclusions - Domestic corporations must adopt a new paradigm and use more reasonable business laws, systems, and policies that are based on market-driven flexibility and transparency. Moreover, social norms and regulations should be established to help ensure political and social security. Korea must also develop a culture of tolerance for foreign companies. Finally, the paradigm defining the policy governing the development of the capital city and its satellite cities in this context must be changed.

• Proceedings of the Korean Society of Organic Agriculture Conference
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• 2009.12a
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• pp.281-281
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• 2009

Although national and regional environmentally friend agriculture (EFA) and food development programmes such as the Life-Food Development Plan (LFDP) have been established in Korea, some policy measures in these programmes seem to be unsuitable for Korean organic farming development. Policy measures tend to support external input purchases of organic fertilizers rather than market development actions such as providing consumer information, research, education, training and statistical data collection. The development of an organic action plan (OAP) for Korea is therefore considered essential for the sustainable future of organic farming in Korea. The purposes of OAP are 1) to define and set the clear goals/targets for the organic sector development, 2) to integrate various organic stakeholders and public institutions in partnership, 3)to focus on specific issues with tailored measures and 4) to integrate and develop different policy measures (Stolze, 2005). Most EU member state countries have developed their own OAPs and each reflects its own priorities with regard to organic sector development. This study compares and contrasts the Welsh, England and EU OAP with the Korean Jeonnam Life-Food Development Plan (LFDP) in order to facilitate the development of the organic food and farming sector in Korea. Early action plan, for example, the first Welsh OAP(1999) focused support on developing the supply of organic products whereas later action plans (e.g. England OAPs in 2002 and 2004 and the second Welsh OAP in 2005) focussed more on developing consumer demands for organic products. The EU OAP (2004) also aims at market support related to consumer demand and then organic farming production for its environmental and other social benefits. OAPs not only provide specific issue-solving tools but also perform a role as providing a focus for organic sector development as a whole. The Korean LFDP provides issue-solving tools but plays no regulatory role such as policy development, harmonizing various policy measures and conflicting factors and providing evaluation tools for further development. A national-level OAP could also facilitate international trade of organic products. To achieve better harmonized and sustainable approaches for the Korean organic industry, National- as well as regional- regulatory policy systems are urgently required in the form of an Organic Action Plan.

• Journal of Digital Convergence
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• v.15 no.1
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• pp.143-149
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• 2017

The company strives constantly to prepare for the current crisis and uncertainty of the future and to strengthen its competitiveness. At times, it strives to strengthen its competitiveness through continuous innovation, as well as securing technological innovation and talented personnel. However, even if the company makes such a hard effort, the sustainable growth of the enterprise will not be guaranteed unless smooth communication and efforts among the internal resources are supported. The social responsibility of management and the attitude of labor-management relations are important factors for the smooth coordination of labor-management relations. Therefore, this study empirically analyzed the relationship between manager 's social responsibility, labor relations attitude and job performance. The results of this study showed that the social responsibility of managers affects job satisfaction and job commitment. In addition, managers' attitudes toward labor relations have an effect on job satisfaction and job commitment. Also, job satisfaction has a positive effect on job commitment. The result of this study can be used as a practical application data for establishing new labor - management relations among the managers of the enterprise in the future.

• International Journal of Railway
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• v.1 no.4
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• pp.129-133
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• 2008

Over the last $15{\sim}20$years, many countries have adopted policies of railway privatization to keep up with increasing competition from road and air transport. Although each country and case has its own history, market characteristics, political context as well as administrative process, railway privatizations (including railway restructure, concession etc.) in the west usually are accompanied with the establishment of new regulatory regimes. Therefore, railway governance has been innovating towards an interaction of government, regulator, industry bodies, user groups, trade unions and other interested groups within the regulatory framework. However, it is not the case in China. Although China had seen a partial privatization in some branch lines and is experiencing a much larger-scale privatization by establishing joint-ventures to build and operate high-speed passenger lines and implementing an asset-based securitization program, administrative control still occupies absolutely dominant position in the railway governance in China. Ministry of Railway (MOR) acts as the administrator, operator as well as regulator. There is no national policy that clearly positions railway in the transportation network and clarifies the role of government in railway development. There is also little participation from interested groups in the railway policy making, pricing, service standard or safety matter. Railway in China is solely governed by the mere executive agency. Efficiency-focused economic perspective explanation is far from satisfaction. A wider research perspective from political and social regime is of great potential to better explain and solve the problem. In the west, separation and constrains of power had long been established as a fundamental rule. In addition to internal separation of political power(legislation, execution and jurisdiction), rise of corporation in the 19th century and association revolution in the 20th century greatly fostered the growth of economic and social power. Therefore, political, social and economic organizations cooperate and compete with each other, which leads to a balanced and resonable power structure. While in China, political power, mainly party-controlled administrative power has been keeping a dominated position since the time of plan economy. Although the economic reform promoted the growth of economic power of enterprises, it is still not strong enough to compete with political power. Furthermore, under rigid political control, social organizations usually are affiliated to government, independent social power is still too weak to function. So, duo to the limited and slow reform in political and social regime in China, there is an unbalanced power structure within which political power is dominant, economic power expanding while social power still absent. Totally different power structure in China determines the fundamental institutional environment of her railway privatization and governance. It is expected that the exploration of who act behind railway governance and their acting strength (a power theory) will present us a better picture of railway governance as a relevant transportation mode. The paper first examines the railway governance in China and preliminarily establishes a linkage between railway governance and its fundamental institutional environment, i.e. power structure in a specific country. Secondly, the reason why there is no national policy in China is explored in the view of political power. In China, legislative power is more symbolic while party-controlled administrative power dominates political process and plays a fundamental role in Chinese railway governance. And then, in the part three railway finance reform is analyzed in the view of economic power, esp. the relationship of political power and economic power.