• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.47
• /
• pp.25-48
• /
• 2010

The principle of parties' autonomy is one of general and dominant principles in an international trade contract. When we consider the determinants of negotiation outcomes, the negotiation is affected its result by their culture and custom. A negotiation has extensively been used a lot as a business process. As we negotiate with our clients, we have to check a lot of factors like strategies, their behaviors, culture shock and custom. That why most people have their different life and circumstance. The same words which are used its contract have several meaning. Because the words are influenced by culture and own custom. Also most people abide by their social pattern. Each culture in the world follows its own customs and traditions. Therefore, when we have the negotiation of trade contract, we have to think these factors. Then the negotiation is leaded very successful This dissertation examines the effects of the negotiators' personality and different culture and custom. On the point of a negotiating power, contracting parties are affected a lot by their usage. The culture which is influenced by contracting parties is possible to apply as a key point. So, this study will be analyzed these factors.

• International Commerce and Information Review
• /
• v.18 no.4
• /
• pp.221-262
• /
• 2016

This study examines the dispute resolution culture and negotiation strategy in Vietnam. We adopt area studies methodology in order to analyze dispute resolution and negotiation strategy in Vietnam, since the dispute resolution and negotiation strategy are keenly connected with the culture, law, institution, and economic system of the society. Our findings are as follows. First, Vietnamese society has the culture that has the characteristics of maternal society and patrilineal society. Vietnamese women has traditionally participated in the economic activity. Second, Vietnamese people showed loyalty to the nation. Third, Vietnamese society is shown to belong to the culture of collectivism. In addition, we investigate the multi-faced characteristics of Vietnamese dispute resolution culture and negotiation strategy. Our findings are as follows. First, Vietnamese people utilize middlemen in implementing dispute resolution and negotiation. Second, Vietnamese people prefer long-term negotiation style. Third, Vietnamese people is accustomed to face-saving culture. Fourth, Vietnamese people prefer the indirect communication style. Fifth, Vietnamese people prefer written document instead of oral agreement in contract. Sixth, Vietnamese people and firms prefer ADR to formal law.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.63
• /
• pp.209-244
• /
• 2014

This research had a close look into the expected results for both Korea and China from the contextual background of their efforts on FTA. In reality, we have to admit that Korea-China FTA has gains and losses for both countries in different fields and industries. Therefore, we suggest that people should not be myopic on the FTA matters, but take long-term perspectives in order to increase the entire benefits for companies and the country. Both countries should be able to build up strategic, reciprocal cooperation. We emphasize that the current FTA negotiations with China can turn out threats, not opportunities, if we do not establish effective negotiation strategies. Furthermore, we argue that, if we know and understand Chinese negotiation culture in advance, we could react to their strategic actions still more effectively. All in all, we could say that the purpose of our research is, first of all, to investigate the antecedents and consequences of the current Korea-China FTA negotiations; second, to divulge the Chinese negotiation culture, to presume possible negotiation strategies on the part of the Chinese, and to envision possible strategic reactions on our part; third, to delineate value creations from the successful Korea-China FTA in the future.

• International Commerce and Information Review
• /
• v.12 no.2
• /
• pp.409-438
• /
• 2010

According to Sun Tzu's Art of War, "if you know yourself and your enemy you win hundred battles out of a hundred." This is also apply for international business field. International business negotiation will not be failed if you know counter party's behavior and understand their culture and customs. The cooperative approach is known as interest-based negotiation. Interest-based negotiation is particularly effective in a global business characterized by diversity. We often need to reach agreement with people who are different from us - culturally, ethnically, or economically. If we cannot get beyond the differences, they can create obstacles to agreement. To do this, we need to focus on the interests of the parties instead of on the parties' differences. Every culture has their own distinctive feature that the people from outside seems not understand but they must have the optimistic attitude which complies with. The purpose of this paper, from the point of view above, is to examine cultural differences that could make sure comparative advantage in business negotiation of the enterprises who eager to expand their market or to invest internationally. This paper especially shows cultural deferences among Korea, China and Japan in terms of business we must consider.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.66
• /
• pp.191-218
• /
• 2015

This research is, first of all, a theoretical study concerning 'conflict.' Only then, we could obtain ways in which we manage and resolve various problems arising from conflicts in business between Korean and Chinese companies. In doing this, we also tried to grasp cultural characteristics, or factors, in Chinese ways of carrying out negotiations that lead to conflicts with us. On the basis of these preliminary considerations, we developed practical techniques of conflict management and types of negotiation strategy. We thereby could suggest broader strategic implications for better performance in international business. Concretely, this research investigates techniques of conflict management and types of negotiation strategy. For such techniques and types, we suggest, (1) Sharing technique or reconciliatory compromising negotiation and its compromise strategy, (2) collaborative technique or cooperative negotiation and its win-win strategy, (3) competitive technique or competitive negotiation and its profit-seeking attack strategy, (4) accommodative technique or receptive negotiation and its relation-maintaining yield strategy, (5) avoidant technique or evasive negotiation and its indifference-showing avoidance strategy. This research contributes to promote understanding on negotiation culture of chinese corporate. and we provide the guideline of the conflict management and the insight for the efficiency strategy of chinese business negotiation. But, empirical data and statistical examinations should be added to our present research for the future prospective ones.

• International Commerce and Information Review
• /
• v.8 no.2
• /
• pp.229-247
• /
• 2006

The company culture is becoming usual term in business management field. That organization culture of these phenomenon becomes resource of company competitive power indeed, it is basing to logic for important leading person for elevation with systemicity. also, great many scholars do research to subject that is change management of company administration and there are not much example that companies succeed in change actually despite had announced treatise etc. This research tries to synthesize several research subjects by single model regarding confrontation(culture collision) phenomenon between culture that can happen in company through literature research and example analysis basically. Specially, try to classify and divide this by specific developing and arrange in each type with using much this culture analysis in negotiation analytics. Through this problem and suggestion point by this confrontation way in this culture negotiation side and culture risk management side of administration make try to.

• The Mathematical Education
• /
• v.46 no.2 s.117
• /
• pp.173-192
• /
• 2007

We define mathematical learning as a process of overcoming framing difference of teachers and students, two main subjects in a mathematics class. We have reached this definition to the effect that we can grasp a mathematical classroom per so and understand students' mathematical learning in the context. We could clearly understand the process in which the framing differences are overcome by analyzing mutual negotiation of informants in specific cultural models, both in its form as well as in its meaning. We review both of the direct and indirect forms of negotiation while keeping track of 'evolution of subject' in terms of content of negotiation. More specifically, we discuss direct negotiation briefly and review indirect negotiation from three distinct themes of (1) argument structure, (2) revoicing, and (3) development patterns and narrative structure of proof. In addition, we describe the content of negotiation under the title of 'Evolution of Subject.' We found that major modes of mutual negotiation are inter-reference and appropriation while the product of continued negotiation is inter-resemblance.

• Korea Trade Review
• /
• v.46 no.2
• /
• pp.229-243
• /
• 2021

This study aims to establish a research model to see how cultural differences affect negotiation outcomes. People from different countries tend to communicate in slightly different ways. So Recognizing the cultural differences in global businesses is an important preparation process and strategy. If such preparations are not made before doing business with companies in other cultures, many conflicts could arise in the negotiation process and even the negotiations could break down. Therefore, it is important to recognize cultural differences and establish appropriate strategies in international negotiations, and it is necessary to take a look at the factors that affect them one by one. For the purpose of this study, Cultural differences based on Edward Hall's context theory and Personal characteristics were set as moderator variables. and The EU countries(low context cultures) and the Korea(high context cultures) were sampled to study the effects of Negotiation strategy(Problem-Solving Approach).

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.14
• /
• pp.291-321
• /
• 2000

This study investigates the different pattern of trade negotiation between Korea and Japan. For the Korea, it is inevitable to enhance nation's competitiveness position amid the rapidly changed international environment. Especially, Korea's recent experience of IMF credit under economic crisis during 1997-1999 tells us the importance of international trade and trade negotiation. Our main interest is focused on the comparative pattern of both countries with the recognition that the role of the negotiation can not be overemphasized for the Korea. This is because Korea has continuously recorded the huge trade deficits with Japan for the long time. Although we consider the different degrees of products quality, industrial structure, productivity, and national competitiveness of both countries, it is necessarily required to pay special attention on different pattern of negotiation skills and tactics between two countries. In the paper, we suggest some important guidelines for Korea to improve its negotiation technique with Japan. First, valuing human relation between negotiators, rather than negotiating process. Second, preparing for negotiations: the negotiators should try to carve out enough time to prepare for the bargaining. Third, appreciating the power of patience: very essential to effective outputs. Fourth, being a specialist on both countries' culture and avoiding lawyers' intervention for conflict resolution.

• Korean Journal of Culture and Social Issue
• /
• v.13 no.1
• /
• pp.43-61
• /
• 2007

Most previous research on safer sex and condom use has been mainly focused on individual's dispositional factors such as attitudes, perceived control, intention, and etc. However, a few researchers recently started to propose that condom use is not a matter of individual behavioral decision but a product of serious interactive negotiation processes and condom negotiation would be the proximal key-determinant of condom use behaviors. The present research categorized condom-negotiation strategies and preferences of Korean college students and examined relationship between the strategies and other sex-related concepts. 186 participants' strategies on a free-response questions of condom negotiation revealed 7 types of persuasion strategies for condom use; Pregnancy risk, responsibility, care for partner, withholding sex, sexual disease, direct request, and sexual satisfaction (in order of preference). 6 types of persuasion strategies for condom avoid were abstracted: Pregnancy free, Sexual satisfaction, responsibility, direct request, unfaith toward condom, and withholding sex (in order of preference). The effects of gender, sexual experience, and culture were found and discussed in their implications for sexual education,