• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.14
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• pp.75-102
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• 2000

At present, on increasing to use a computer network and internet network, Internet Trade has been rapidly created and developed in international Electronic Commerce. However, Internet Trade has not been continued to grow up without supporting by a efficient Logistics System. Because it is very important to delivery contract commodities to consumer with speedy, accurate, steady, convenient services. International Logistics System is consisted of demand forecasting, order processing, packing, labeling, shipping documentation and consumer service into three distant phases of transaction, distribution and payment. International Logistics System can be done more efficiently and effectively by using Internet Logistics System. Therefore it is very important to implementing a efficient Internet Logistics System.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.67
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• pp.49-68
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• 2015

In recent years in China, corresponding to a shift in consumption pattern from household basics to greater expenditure on quality of life, new franchising opportunities arise. Although the franchising prospect in China is promising, Korean companies aiming at franchising into China need to be aware of the legal framework for commercial franchise in China as this will have direct impact on their business expansion. Where franchising activities involve trade mark licence, Chinese Franchise Regulations require such trade mark licence agreement to be regulated in accordance with the relevant provisions of the Chinese Trademark Law. Furthermore where one party fails to perform his obligation and it impacts purpose of the contract seriously, the other party could avoid the contract in accordance with the relevant provisions of the Chinese Contract Law. To launch franchising business successfully in China, Korean companies do market research sufficiently before they may commence franchise business. Korean franchisor must register with local authorities in China by own name, and make Chinese partner take charge of management of the distribution network and invitation of franchisee partners.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.423-440
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• 2003

The trial business of e-trade service providers for supporting small enterprises to find their markets abroad is about to begin from the end of March, 2003. The department of Industrial Resources held the "Committee of e-trade service provider selection" with professors of e-trade field, and selected three companies: ECplaza, EC21 and Tpage Global. The e-trade service providers combine the various technologies of on-line trades and off-line trades to support small enterprises with lack of marketing skills by intermediation of overseas buyers and production, registration of e-catalogs and offers, administration of inquiries, trade negotiations, and contract settlement. Prospective small enterprises with exports under US$ 5 million will be selected by 2005. The selected companies will be supported fully by the government, and will be provided with the services by the e-trade service providers. e-Trade service will be the most potential and successful ones in the future, which helps traders and organizations preparing for globalization.

• International Commerce and Information Review
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• v.11 no.2
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• pp.329-342
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• 2009

The purpose of this study was to identify the issues which how situational constraints of negotiation affect outcomes. To achieve the purpose of this research, a multiple regression model was set up to identify the relationships between situational constraints of negotiation and negotiation outcome on international trade contracts. To implement the study, empirical questionnaires were collected from Korean business men who have actually conducted international trade with foreign firms. Reliability analysis and factor analysis were used to assess the reliability and validity of research variables. and multiple regression analysis were used for testing the relationships between situational constraints of negotiation and negotiation outcome. From this study, following results were identified; i) situational constraints of negotiation effects on negotiation outcomes ii) arbitrary and continuous situations affect significantly positive on negotiation outcomes iii) submissive situations affect significantly negative effects on negotiation outcomes In conclusion, participant of negotiation and their managers try to promote negotiation situation toward to arbitrary and continuous situations if they have any availability.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.19
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• pp.67-93
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• 2003

The CISG approach was intended to make the remedial system clear, but produced ambiguity, and complexity. The CISG does not differentiate between main, auxiliary and participatory obligations. There is no distinction between breaches of main or breaches of auxiliary obligations, rather, a distinction is made between fundamental and other breaches of contract. Articles 25 gives the definition of fundamental breach of contract. This concept is the essential of avoidance and remedial system in the CISG. This concept, however, is ambiguous. The fact that the fundamentality of a breach of contract in many cases is the condition for an avoidance of contract, is expression of the trend of the CISG to preserve contracts, which I consider as essential in international trade. The elements which define a substantial detriment are extremely complex. It will become obvious that the relevant detriment is not a static element, but in many instances occurs only when the breach of contract continues. It should be added that it is the circumstances of each individual case which are relevant. It is to be stressed that a fundamental breach of contract must constitute also a non-fulfillment of a contractual obligation.

• Journal of Arbitration Studies
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• v.17 no.3
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• pp.145-167
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• 2007

Digital goods are defined as intangible and non-physical goods, composed of a combination of digital signals, electronically represented as 0 and 1. They are also called as digital products, electronic transmissions, information goods, digital contents, computer information, etc. Digital goods are now traded both domestically and internationally as well as on-line and off-line. Korean government revised the Basic Law on Foreign Trade to include digital goods and services as the scope of foreign trade in 2001. Trade volume of digital goods are increasing in Korea. The supply chains of digital goods from producing the components to selling globally to consumers are different from conventional physical goods. Mostly, digital goods are traded on the license basis rather than ownership contract. End User License Agreements(EULAs), such as shrink-wrap, click- wrap, or browser-wrap licenses are very popular in online transactions. Unlike conventional physical goods. the breach of license contract is closely linked with the infringement of intellectual property rights. Digitalized intellectual property is easy to copy and transmit in the cyber space. In cases of legal disputes from the breach of license contract, commercial arbitration or on-line alternative dispute resolutions(ADRs) are regarded as better approach to solve them rather than court sues. For promoting more secure and reliable international trade of digital goods. arbitration clauses should be included in most of license contracts.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.741-762
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• 2016

The importance of trade in services has been increasing day by day, but the research on it is insufficient so far in terms of basic information, statistics, influence, industrialization and so on. To foster of professional trader in services, we need curriculums, textbooks and training centers like academy or college in advance. We have well developed curriculums for trade in goods since 1960's in Korea, so we can transfer the trade in goods' curriculum to trade in services. There are some differences between trade in goods and trade in services basically, but we can borrow a lot of idea from trade in goods in terms of basic framework like international economics, international business and international commercial transactions. This study propose the basic framework for trade in services' curriculum. First, trade in services economics handle the basic concept, statistics, characteristics, theories etc. Second, trade in services business treat the global companies to expand their business to global market, so characteristics of service companies, marketing plan and strategies and so on. Third, international commercial transaction of trade in services concentrate for procedures and contracts in terms of formation, implementation and finish of contract. Finally, Services industries can be a future strategic industry to any contries, so there are some national and corporates' strategy for expanding their business. This study acts on the initial idea for curriculums of trade in services, so I am looking forward to many criticism and development from another researchers to develop the model curriculums and textbook for education of specialized trader in services.

• Korea Trade Review
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• v.41 no.4
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• pp.21-40
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• 2016

This study mainly deals with a recent case held as to the formation of contract under the United Nations Convention on International Sale of Goods(CISG). In order to analyse the fact of the case and the justification of its holdings, it examines the rules on the formation of contract under the CISG, focusing on the requirements of offer and acceptance, the time when such offer and acceptance become effective, the issues on the battle of forms. In addition to these, it particularly investigates the rules on a delayed acceptance under the CISG. After looking into those rules, it criticizes the holdings and provides legal and practical advice to contracting parties who intend to conclude a contract under the CISG as a governing law. It finds that whose e-mail in the case amounts to an offer and an acceptance is depended upon the interpretation of intention of the parties expressed in their statement. According to such interpretation, even if a purchase order is requested by the seller for the formation of contract, a contract may be concluded by a simple statement which commits the buyer himself to purchase the seller's goods. This is particularly the case where such request is made only to clarify the buyer's intention to purchase them.

• The Journal of Economics, Marketing and Management
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• v.6 no.3
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• pp.1-9
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• 2018

Purpose - Current society is competitive society. Rules of the game is applied to every kind of aspects not only business but also academic matters. This research is to analyze competitiveness between China and USA by use of trade related data together with revealed comparative advantage index(RCA) including trade specialization index(TSI). Research design, data, methodology - Per economic phase, both China-USA have mutually complementary character. That's why it is significant to analyze this 2 country's important industry. From our economic viewpoint, Both 2 economic powers should cooperate to achieve partnership in the steel business industry under the severe business competition. Results - This paper will provide which country is more comparatively advantage in case international business is held. Especially, steel industry is in a sense technology related business. Therefore, tied-up up-to-date advanced know-how and technology should be developed to be a leader for one of major industries in the world market. Conclusion - Among those various phenomena, this paper categorizes international business and research boundary is international trade contract. It is available to find out how to cooperate securing permanent and reliable business provider and supplier is essential and eminent for the successful accomplishment in the world steel market.

• Journal of Korea Trade
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• v.27 no.3
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• pp.43-64
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• 2023

Purpose - This paper studies whether CISG can be a suitable governing law for pure service contracts. When CISG was first drafted, there was little disagreement on the fact that contracts for the sale of goods and those for the provision of services were two different types of contract. Based on this understanding, CISG explicitly provides that the Convention will apply to contracts where the preponderant part of the contractual obligation is on the sale of goods, not services. However, as more sales transactions have come to include more elements of services, mainly due to the advancement of the IoT industry, the distinction between goods and services became more blurred. Based on the observation of recent changes, some scholars even argue that such a change supports the applicability and suitability of CISG to even pure service contracts. The purpose of this paper is to critically analyze and evaluate their argument. Design/methodology - This paper focuses on two separate but related issues: CISG's 'applicability' and 'suitability' to service contracts. For the first issue, this paper will examine the rules of interpretation of international treaties under the Vienna Convention on the Law of Treaties of 1969, and will apply its rules to find the proper answer. For the second issue, this paper will perform logical and empirical analyses on the reasoning employed by scholars claiming the suitability of CISG to service contracts. Findings - This paper concludes that CISG does not, and should not, apply to pure service contracts. The argument that CISG applies to pure service contracts directly contravenes Article 3(2) of the Convention, which expressly states that it does not apply to a contract wherein the preponderant part of its obligation is about services rather than sales. Similarly, CISG is not a suitable governing law for pure service contracts because it aims provide rules specifically tailored to the needs of transactions of sales of goods, not services. Servitization of sales of goods transaction does not change this conclusion. Originality/value - This paper presents different views from those offered by some eminent scholars on the issue of applicability and suitability of CISG to service contracts. By doing so, it is hoped that the confusion caused in discussions so far are clarified. Hopefully, this paper can also provide practical guidance to practitioners engaged in the fields of international sales, services, and IoT industries.