• 무역상무연구
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• 제13권
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• pp.151-192
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• 2000

This study has been focused on the revisions and characteristics of the 7 non-maritime trade terms(EXW, FCA, CPT, CIP, DAF, DDU and DDP) in Incoterms 2000. Main characteristics are as follows: First, the use of different expressions intended to convey the same meaning has been avoided and the same expressions as appear CISG have been used. Second, the content of preamble in each trade terms has been shortened and definitedly. Third, if the parties are going to use variants of trade terms in Incotrems 2000, the meanings should be made clear by adding explicit wording in the contract of sale. Main revisions of the 7 trade terms are as belows: First, Incoterms 2000 has emphasized that in EXW, the seller delivers when he places the goods at the disposal of the buyer at the seller's premises or another named place(i.e. works, factory, warehouse, etc.) not cleared for export and not loaded on any collecting vehicle. Second, in FCA, delivery is completed; a) If delivery occurs at the seller's premises, the seller is responsible for loading. b) If delivery occurs at any other place, the seller is not responsible for unloading. Third, in CPT and CIP, all costs and charges relating to the goods whilst in transit until their arrival at the agreed place of destination, unloading costs and all duties, taxes and other charges as well as the costs of carrying out customs formalities payable upon import of the goods and for their transit through any country are linked with the content under the contract of carriage. Fourth, Incoterms 2000 has emphasized that in DAF, the seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport not unloaded, cleared for export, but not cleared for import at the named point and place at the frontier, but before the customs border of the adjoining country. Fifth, Incoterms 2000 has emphasized that in DDU, the seller delivers the goods to the buyer, not cleared for import(in DDP, cleared for import), and not unloaded from any arriving means of transport at the named place of destination. Sixth, if the parties do not intend to deliver the goods across the ship's rail, FCA, CPT and CIP instead of FOB, CFR and CIF should be used.

• 통상정보연구
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• 제7권3호
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• pp.195-212
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• 2005

International trade has been changed from traditional trade to e-trade due to the fast expanding of information technology like e-marketplace, EDI (Electronic data interchange) using Internet since mid of 1990's. e-Trade, as a new trade method, could handle every trade procedure such as market research, contract, customs clearance, logistics and payment using IT like internet without restriction of time and space. The evolution of transaction-based business model is upon us. The business models of many e-Marketplace in their early stages have typically been based on transaction fees. Many e-Marketplaces have even called out transaction revenues as a core element of their business plans. The transaction business represents the most simple of business models, but it does not provide a long-term sustain able advantage. For buyer's convenience, wide selection and test price hold appeal. For suppliers, the extended global market reach and direct access to customers and consortiums of customers is powerful. To maximize leverage of these new e-marketplace, you must from both a buyer perspective as well as a supplier perspective. Also required is a strategy that takes in account all of the various e-Marketplace transaction standards and one that allows the easy accomodation to new e-marketplace as the market change. These new e-marketplace will need to be factored into the sales channel strategies. To be successful, integration with these e-marketplaces should occur at a complete business process level. This study would suggest on the role of buyers and sellers for e-trade which could maximize effect of e-trade in order to cope with rapid changing IT environment and global trade environment. Therefore, this study suggests top priority tasks for implementing on the specialization strategy of e-trade process.

• 무역학회지
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• 제46권6호
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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.

• 통상정보연구
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• 제8권1호
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• pp.87-104
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• 2006

We are in an era of global business called one world market. These environments require Korean firms to face an unlimited competition and to resolve their dispute by ADR. Few study, however, on the ways of dispute settlement under the changed international business environment has been done. Thus the major purposes of this study are to investigate Busan's trading companies' preference on the dispute resolution ways. Based on the results of my study, I suggest Busan's trading companies the following guidelines. First, Busan's trading companies should improve their negotiating power by using internet trade and problem solving ability through the establishment of claim information system. Second, They should write contract. Lastly, they should investigate their counterparty's credit.

• 통상정보연구
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• 제8권1호
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• pp.227-242
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• 2006

The rapid expansion of regionalism has resulted in the creation of blocs of the global economy, so that those countries not belonging to one or more blocs can be discrimiated. Though signed on the bill of FTA with Chile, Korea is actually alienated from major stream of the blocs. Therefore, Korea government makes efforts to contract more FTAs with countries such as Singapore and Japan, others. FTA is believed to be an important method to secure export and national competitiveness. Therefore, we need to exactly understand critical issues and the long-run effort of FTA. This paper tries to find out important issues and potential strategies relating to electronic commerce in Korea's FTA with other countries. In these means, relationship between FTA and e-Trade are closely related to global business chance. In these means, we should use FTA potentials for encouraging global commerce by e-Trade and develop e-FTA in the foreseeable future.

• 무역상무연구
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• 제76권
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• pp.103-123
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• 2017

If additional condition in letter of credit is used in malicious way, it affects the international trade transaction in jeopardy. Therefore, it's significant to identify whether additional conditions are malicious or ordinary in the transaction with letter of credit. In normal cases, thanks to lots of useful features as an international payment method, such as security of payment, legal protection, and versatility, a letter of credit is widely used in international trade. However, even with these advantageous features, a letter of credit is complicate and costly to use, compared to other payment methods. Furthermore, due to its principle of independence from underlying contract, a use of letter of credit creates another type of concern for proper handling and needs significant caution upon field use. At some points, malicious additional conditions are used for buyer's advantage in deal making and fraud instance in worst situation. In addition, some countries request malicious conditions against sellers as a non-tariff barrier. Therefore it's extremely important to recognize whether malicious additional condition exists in letter of credit and, if so, how to deal with it. This study delivers the information to distinguish and categorize the malicious conditions in various cases and to figure out how to deal with them for safer trade with less risk.

• 무역상무연구
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• 제65권
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• pp.71-94
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• 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.

• 무역학회지
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• 제42권6호
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• pp.1-25
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• 2017

본 연구는 하자물품에 대한 매도인의 책임에 관한 CISG와 CESL상 매도인의 계약에 적합한 물품인도의무에 관한 비교연구라는 연구목적 하에 다음과 같은 주요 연구내용을 담고 있다. 첫째, CISG 및 CESL상 하자담보책임 관련 규정중 매도인의 계약에 적합한 물품인도의무의 내용을 구체적 내용의 검토와 더불어 그간 논의의 전개과정을 살펴본다. 둘째, 각 규범의 관련 규정과 상호 비교하여 살펴봄으로 근대입법의 흐름을 진단하여 무역업계의 하자담보책임 관련 이해의 차이를 좁히고 실무적 대응방안의 기초를 마련한다. 셋째, 비교연구를 통하여 상호 차이점에 대한 해석론적 내지 개정 의견을 제시하도록 한다. 이러한 비교연구의 시도는 특히 거래당사자로서 상인과 소비자의 각자 이익의 관점에서 그들의 계약상 합리적 기대를 올바로 반영하고 있는지를 평가하고자 한다.

• 무역상무연구
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• 제32권
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• pp.3-27
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• 2006

The Pennzoil case and the SME case illustrate the difficulties which originate from inadequate drafting of letters of intent. In both cases the judges had to face the crucial question as to whether or not a given letter of intent had a binding nature; they had in other words to decide whether the wills expressed in such letters still belonged to the pre-contractual stage, or whether their incorporation into a pre-contractual document meant that negotiations were over and binding obligations had already arisen for the parties. In other words, some problems may occur when a party has documented a stage in the negotiations by letters of intent. The letters may well explicitly spell out if, and to what extent, the parties should be bound by what they have already agreed or to carry on negotiations in order to reach the final contract. But if the letters are silent, some problems would arise. Contracting parties are, therefore, well advised to spell out if, and to what extent, they should be bound by such preliminary agreements. Here again, it might be prudent to explicitly set forth that the parties should not be bound until there is a final written contract signed by authorized representatives of the parties but that they shall abstain from such measures which may defeat their stated objective to reach final agreement, e.g. by diminishing the value of performance under the contemplated contract.

• 무역상무연구
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• 제51권
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• pp.3-54
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• 2011

The important and main purpose of revision of Incoterms rules are to adapt it to contemporary commercial practice in world trade, and to contribute to great service to foreign trade. Incoterms$^{(R)}$ 2010 revision basically focuses on trade terms to be used for any mode or modes of transport at compared Incoterms 2000 gouping in four basically different categories, and presents trade terms to be used for traditionally seaborn trade. Therefore the former is for trading in manufactured goods involved in containerization, the latter is for trading in community. This study focuses on a motive of revisions and main features of the Incoterms$^{(R)}$ 2010 rules, an outline, the problems and alternative of them. In conclusion, I would like present as follows; (1) Although they only concerned the models of delivery and critical point, they only say a few of the many factors of a sale contract, that is to say for the devision of fuctions, costs and risks between the contracting parties as supplement law, but the guestion of the legal position of Incoterms rules is various in different countries and scholars. in spite of that, it must focus on the practical application and the wide acceptance of Incoterms rules in world trade. (2) Although they present more simple and clear, unfricative, than Incoterms 2000 rules, in order to help users, the need to unify consistently and fully explanate in contents and expression. (3) Introduction and guidance note of Incoterms$^{(R)}$ 2010 rules basically focuses on the understanding of a motive of revisions as compared Incoterms 2000 rules. But it is well advised to do this on the assumption of understanding the various basic meaning of terms. (4) finally, trade concerned regulations take account of the reflection for the application to domestic and international trade according to formally reconization of availability for both trade.