• Title/Summary/Keyword: Liabilities

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Uniform Rules for Bank-to-Bank Reimbursements under Documentary Credit Transactions (화환신용장거래하(貨換信用狀去來下)의 은행간(銀行間) 대금상환통일규칙(代金償還統一規則)에 관한 고찰(考察))

  • Lee, Cheon-Soo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.519-551
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    • 1999
  • When an issuing bank issues a documentary credit, it must decide if the reimbursement will be a direct or simple or a bank-to-bank reimbursement. This decision is based on the bank that is nominated to pay, incur a deferred payment undertaking, accept drafts or negotiate. If an issuing bank decided bank-to-bank reimbursement, it must include the information in the credit instructing the nominated bank on how to obtain reimbursement. This instruction includes the name of the reimbursing bank, an indication that the reimbursement is subject to the Uniform Rules for Bank-to-Bank Reimbursements Under Documentary Credits ('URR'), ICC Publication 525 and any additional information that affects the nominated bank's ability to receive reimbursement. Until recently, reimbursements were the subject of outline regulation by Article 19 of the Uniform Customs and Practice for Documentary Credits ('UCP') and national law. Now, however, the International Chamber of Commerce has drafted URR, designed to emulate the harmonization of rules governing documentary credits achieved by the UCP. The URR are complementary to the UCP, which they are not intended to override or change. They became effective on July 1, 1996. The purpose of this study is to promote understanding on the Uniform Rules for Bank-to-Bank Reimbursements under Documentary Credits. In this paper, I studied the following subjects:(1) Bank-to-Bank Reimbursements tranaction under Documentary Credits, (2) Meaning of the URR's promulgation, (3) Analysis on the URR's Article. (1) General provisions and definitions, (2) Liabilities and responsibilities, (3) Form and notification of authorisations, amendments and claims, (4) Miscellaneous provisions.

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A Study on the Demurrage Liabilities in the International Sale Contracts on Shipment Terms (선적지매매계약에서 체선료의 부담책임에 관한 연구 -편입조항에 관한 영국관습법을 중심으로-)

  • Choi, Myung Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.62
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    • pp.113-132
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    • 2014
  • Judicial decisions make it clear that in all CIF, CFR and FOB contracts, incorporation of charter party into sale contracts is the only effective way for recovery of demurrage in the context of sale contracts. The case law would appear to clarify a number of important issues: The words of incorporation in the sale contract play a vital role in determining the extent of the influence of the charter party principles over the sale contract. Hence, unless it is expressly provided otherwise, the courts tend to apply the charter party principles to the incorporated charter party provisions to the extent that they make sense in the context of sale contract, and that they do not undermine the underlying foundations of international trade law. In this respect the courts also take into account the factual background of the case with a view to objectively ascertaining the intention of the parties. The law is, however, less clear on the effects of the incorporated charter party provisions in sale contracts. There is still no straightforward answer to the question of to what extent the charter party law is applied to the incorporated charter party provisions in the context of sale contracts. The case law on this matter merely provides piecemeal solutions, and it is not possible to extract a general rule which will help interpretation of those charter party provisions which have not yet been subject to litigation or arbitration. Therefore, it should be noted that the parties would prepare Incorporation Clause in their sale contracts in reliance of the rules to achieve the desired results.

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An Empirical Analysis on Trade-off Theory and Pecking Order Theory for Medical Institutions's Capital Structure (의료기관 자본구조에 대한 상충관계이론과 자본조달 순위이론 실증분석)

  • Kim, Jai-Myung;Ham, U-Sang
    • Health Policy and Management
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    • v.16 no.4
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    • pp.24-47
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    • 2006
  • Based on the findings of a study focused on medical institutions(Fama & French, 2002), this study determined possible causality between determinants of capital structure and liability level, while estimating targeted debt ratio. Moreover, it also examined hypotheses about the adjustment of targeted debt ratio and the of fundraising patterns, so that it verified the relative priority of trade-off theory and pecking order theory. First, profitability had positive(+) relationships with liability level, while investment opportunities had negative(-) relationships with liability level. This finding supported pecking order theory, and non-liability tax shield effects had negative(-) relationships with liability level as estimated in both trade-off theory and pecking order theory. Next, this study verified trade-off and pecking order theory at once by means of regression analysis about the variation of liability level in associations with disparity from targeted debt ratio and short-term fluctuation of profit and investment. As a result, it was noted that liability level became mean-reversed to targeted liability ratio but slowly, SO it was difficult to assert that such mean reverse may support trade-off theory. However, the finding that most of short-term fluctuations of profit and investment are absorbed into liabilities supported pecking order theory. On the other hand, it was found that the larger scale of medical institutions is more supportive of pecking order theory in the associations between liability level and profitability and the fundraising patterns than trade-off theory.

Economic Structure Analysis According to Old Age Household Type (노인가계 유형별 경제구조 분석)

  • Han, Su-Jin;Seo, Ji-Soo
    • Journal of Families and Better Life
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    • v.26 no.2
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    • pp.83-101
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    • 2008
  • This research performs a multi comparison between the age of old households and the economic structure according to accommodation type as well as analyzing the economical structural difference of each type based on the features of aged households. The paper classified aged households into 3 groups according to age distribution. The economic structure analysis according to the age of old households and accommodation type was shown as follow: First, the economical structural analysis based on the age of old households showed a statistical difference in the total, labor, business, property and transfer income variables according to the age of each sample group. However, the non-business income and liabilities did not show a significant difference. Second, in the analysis of different economic earnings and initial expenses of middle-aged households according to the age distribution group showed a disparity in the total, labor, business, property, and transfer income variables according to the age of each sample group. However, aged households showed a statistical difference in total, labor, business and transfer income variables. Third, in the analysis of difference in the expense provision and size of consumption, there was a statistical difference in the expense variables of total consumption, food, dining out, electricity, water, furniture, kitchen supplies, clothing, shoe, education, culture, entertainment, transportation, and communication. Fourth, in the analysis of difference in the size of consumption expense, the initial and middle-aged households showed a statistical difference in the total consumption, food, dining out, electricity, water, furniture, kitchen supplies, clothing, shoe, education, culture, entertainment, transportation, communication, and consumption expense variables. However, the analysis of aged households has shown a statistical difference in the total consumption, food, dining out, electricity, water, furniture, kitchen supplies, clothing, shoe, education, culture, entertainment, transportation, and communication expense variables. The study found a statistical difference in the expense for hygienics that did not appear in the initial and middle-aged households.

A Study on the Necessity of Limitation for Legal Liability in Marine Accidents (해양사고에 있어서 책임귀속의 제한 필요성에 관한 연구)

  • Ji, Sang-Won
    • Journal of Navigation and Port Research
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    • v.34 no.3
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    • pp.251-255
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    • 2010
  • A marine accident is caused various legal liability such as compensation for damages on civil law, responsibility on the Criminal Code and administrative sanctions. The results occurred by any acts is not connected directly to the legal responsibility. As a prior condition for these legal liabilities, it is required the causation between the act caused and the occurrence of the effect. It is very difficult to find out the cause in marine accidents, because of trouble of a proof security, the place occurred, time difference between accident and investigation point of time etc.. However, finding out the correct cause is an element important to prevent similar accident and to determine the liability reverted. The logical concept of the causation is not limited, but there is early necessity to limit it in the liability reverted. Therefore, this study aims to suggest reasonable standard to determine liability reverted in marine accidents.

A Study on the Effect and Improvement Direction of the Credit Rating of Large Construction Firms by the Reinforced Real Estate Regulations and the Raising of the Base Rate (정부 부동산규제 강화와 기준금리 인상이 대형건설사 신용등급에 미치는 영향과 개선방향에 관한 연구)

  • Lee, YunHong
    • Korean Journal of Construction Engineering and Management
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    • v.19 no.1
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    • pp.90-102
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    • 2018
  • In preparation of the increase in the domestic debts and the rise in the US interest rate, the Korean government has started to strengthen the regulation on the property market since 2017. So, it is likely that the sales in the domestic construction market would be decreased. Even in the overseas plant projects market, as there has been the continuous increase in the cost and the resulting increase in the losses, it looks hard for the large construction companies to keep their credit ratings as they are now. This study is designed to check Korean government's property policy and any possible problems caused by the overseas and domestic economic environment, which include the property market policy, interest rate, rise in the property price and lackluster sales in housing market. It showed the change in the credit ratings by finding out the sales, work capability, sales in non-governmental projects, operating profits and PF contingency liabilities. For this study, the questionnaires were sent to 30 practical experts to analyze the effect of the risk factor on the outside credit rating of large construction companies.

Legal liability of the management firm on hacked Robo-Advisor's stock price manipulation (해킹에 따른 로보어드바이저의 시세조종 행위와 운용사의 법적 책임)

  • Kim, Dong Ju;Kwon, Hun Yeong;Lim, Jong In
    • Journal of the Korea Convergence Society
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    • v.8 no.9
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    • pp.41-47
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    • 2017
  • This study is a preceding research designed to deduct an institutional supplementary measure that minimizes any inevitable side effects from the improvement of artificial intelligence (AI) technology, which is the core element of the Fourth Industrial Revolution. In this specific case in which the Robo-Advisor, the representative type of AI-applied technology, was hacked by a third party and ended up manipulating prices, the study was intended to examine the responsibility relationship of the current legal framework. Although the current legal framework strictly prohibits acts such as hacking and manipulation, it was confirmed that if the Robo-Advisor management firm acts in compliance with protection measures regarding hacking, the firm is free from any legal liabilities and there is insufficient legal protection available for ordinary investors with grand-scale damage from price manipulation Based on this study, further studies are needed to derive more institutional supplementary measures on overcoming these problems.

Income-led Growth and Legacy of the Korean Welfare Regime (소득주도성장과 한국 복지체제의 유산 : 분배와 성장의 선순환을 만들 수 있을까?)

  • Yoon, Hong-Sik
    • 한국사회정책
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    • v.25 no.2
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    • pp.243-280
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    • 2018
  • This paper examines the discussion on the income-led growth known as the core economic strategy of Moon's administration in terms of Korean welfare regime. Although the income-led growth strategies have presented various issues, the income-led growth strategy seems to be a timely alternative discourse that emphasizes the demand side, considering supply-oriented growth strategies have caused long-term recession and deepening of inequality. It is important that the income-led growth strategy places social expenditures as an important growth engine for virtuous cycle of production and consumption. However, this paper has confirmed that simply raising wages and increasing social expenditure do not increase the aggregate demand and production. Moreover, empirical studies have shown that the inclusion of external sectors and liabilities into the analysis weakens the wage-led growth of the Korean economy. For this reason, this study concluded that the government's sophisticated policy intervention is necessary for the increase of real wages and social spending to be economic growth.

Organizational Learning for Innovation Performance of Ventures: The Mediating Role of Entrepreneurial Orientation (벤처기업의 조직학습과 혁신성과: 기업가적 지향성의 매개역할)

  • Ribin Seo;Ji-Hoon Park
    • Knowledge Management Research
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    • v.24 no.2
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    • pp.1-25
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    • 2023
  • While organizational learning (OL) is vital for ventures to build knowledge bases necessary for successful innovation, less attention has been paid to how learning organizations leverage it for performance improvement. We investigate entrepreneurial orientation's (EO) role in performance-by-learning mechanisms underpinning ventures' innovative initiatives, adopting dyadic performance indicators: technological competitiveness and business performance. Analyzing 218 Korean ventures, our study shows that firms valuing OL, characterized by acquisitive and experimental learning, exhibit high EO, facilitating productive use of knowledge-based resources and enhancing performance. Importantly, EO fully mediates the performance implications of OL. Our findings suggest that a comprehensive learning approach for knowledge acquisition and experimentation provides ventures, often facing smallness and newness liabilities, with a fertile entrepreneurial ground for increased innovation returns.

The Impact of Corporate Entrepreneurship on Employee Commitment and Performance: Evidence from the Korean Food Franchising Sector (조직 기업가 정신이 구성원의 조직몰입과 성과에 미치는 영향: 한국 외식 프랜차이즈 산업)

  • Park, Hee-Hyun;Lew, Yong-Kyu
    • The Korean Journal of Franchise Management
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    • v.7 no.2
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    • pp.5-14
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    • 2016
  • Purpose - Competitive industry structure and recent economic depression challenge a survival of Korean small- and medium-sized food franchising companies (SMFCs), albeit the explosive growth of the Korean food service industry for last few decades. Against this backdrop, it examines how these SMFCs overcome liabilities of smallness and resource scarcity to strengthen competitive advantage in the market. To tackle this, in this article we focus on corporate entrepreneurship and human resources as a knowledge-based asset for these SMFCs. Furthermore, the ratio of employee turnover is high in SMFCs. We view that such brain-drain may result in poor performance of the Korean SMFCs. As such, we pay attention to the role of organizational commitment to an organization as a solution for enhancing individual-level employees' loyalty toward their organization. Research design, data, and methodology - Our research question is to what extent corporate entrepreneurship (i.e., innovative organizational culture, organizational autonomy, and administrative innovation) affects an individual-level attitude toward the organization and, in turn, employee creativity and satisfaction in the Korean SMFCs context. We collected data from employees in SMFCs for three months. A total of 126 valid questionnaires were collected, and analyzed the data using partial least squares path modeling. Results - The reliable and valid measurement model feed into testing the structural model. Our findings suggest that innovative organizational culture and organizational autonomy positively affect employee commitment. Particularly, organizational autonomy has a greater effect than innovative culture on employee commitment. However, the relationship between administrative innovation and employee commitment is not significant. We also find that employee commitment positively affects both employee creativity and satisfaction. Conclusions - Our contribution to the existing franchising business and management literature is twofold. First, the conceptual model includes three antecedents in the organizational entrepreneurship dimension to organizational commitment. Second, we conceptualize organizational commitment as employee commitment, and validate its impact on employee creativity and job satisfaction at an individual performance level. Overall, this article suggests that it is critically important for the Korean SMFCs to develop corporate entrepreneurship in order to facilitate employees' positive attitudes toward their organizations.