• 대한가정학회지
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• 제36권5호
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• pp.89-106
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• 1998

Standard contsacts are drafted by one side only and therefore naturally favour that party. The other party must either adhere to those terms or abandon the transaction entirely. Accordingly the terms in these contracts tend to by quite harsh, especially so in consumer transactions. The objectives of this study are to examine the degree of consumer knowledge practical use, experience of consumer problems on service contract terms and to investigate the factors which influence on the degree of experience of consumer problems related the contract terms. The data used in this empirical study included 685 consumers experienced transactions with the terms in the last two years in Seoul. Statistics used for data analysis ere Reliability, Frequencies, Means, Standard Deviation and Multiple Regression Analysis. The conclusions can be summarized as follows. 1) Actually, consumers experienced many problems related the service-contract terms, despite regulation of unfair contract terms. 2) The level of education and purchasing experience variables have affected positively to the level of consumer problem experiences related the contract terms. 3) The effect of trend and characteristics of contract terms are variables with the type of contract terms. Therefore the regulation of the contract terms have to by differently enforced according to the type of contract terms.

• 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.

• International Journal of Computer Science & Network Security
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• 제22권5호
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• pp.234-244
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• 2022

Tourism products involve the transfer of money that is flowing to countries with partners or borders, which do not possess any relations surrounding their business environment. Suitable platforms must be generated by the tourism industry, which are beneficial to users when their demands are satisfied based on financial, technology, knowledge, and industry matters. Intermediaries are applied to alleviate different problems that are related to the non-fulfilment of contracts of existing users and service providers who are offering their services and represent a reliable third party. However, it is significant that intermediaries must be reliable when charges are incurred for any possible commission. Cryptocurrencies rely on blockchain technology to provide smoothness in money interchange without the need for reliable third parties. This interchange allows an increasing number of different new forms, which are related to different customer-to-customer transactions. The study attempts to provide an appropriate answer to the main research question, which is: 'Will the widespread adoption of cryptocurrencies bring new types of customer-to-customer markets from a technological, organizational, and environmental perspective?'.

• 무역상무연구
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• 제43권
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• pp.117-142
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• 2009

The purpose of this paper is to examine the basic principles for the examination of documents in terms of the basic duty to examine the documents, the time allowed to the banks to examine the documents, linkage among the documents, the originality of documents and their issuers, and the rejection formula of documents. Further this author would look at the changes of particular transport document including bill of lading, charter-party bill of lading and so on. From the seller's perspective, the changes of the principles and individual documents under UCP600 are the most important in the sense that they affect the criteria against which the payment is made. The major changes include the omission of the phrase "with reasonable care", in terms of the basic examination principles, substitute the phrase "five banking days following the day of presentation" for the phrase "reasonable time, not to exceed seven banking days following the days of receipt of documents", introduce the new wording about the linkage between the documents tendered, and make clear the meaning of the originality of documents as well as the rejection formula. For transport documents, even though dealing with bill of lading, charter-party bill of lading, transport document covering at least two different modes of transport, freight-forwarder bill of lading and freight collect transport documents, this paper focuses on the "transhipment" of bill of lading and the definition of charter-party bill of lading. Thus, UCP has been changed several times to reflect the new banking customs and practice. It, however, would not answer every questions which users and banks will raise. These questions may be best answered in the particular underlying contract. The UCP are necessary but not a sufficient instrument for the smooth operation of an international trade transaction. The rules are now out: it remains to be seen what the players do with it.

• 한국컴퓨터정보학회논문지
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• 제29권7호
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• pp.169-179
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• 2024

전자등기 및 블록체인시스템을 도입한 등기시스템 하에서 해당 전자정보로서의 부동산등기의 공신력을 확보하려면 이들 범죄 및 법률분쟁을 방지하는 방안으로 거래자의 신분증명 및 부동산등기 기재내용의 투명성을 마련하는 방법에 또한 블록체인 시스템을 이용하여 기록되는 방법으로 진행되어야 한다. 그 방안으로 거래자의 신분증명에 관한 신뢰성을 높이는 방법과 부동산등기부의 기재단계에서 등기관의 실질적 심사권을 인정하고 물권 등 권리사항의 기재시 공증단계를 거치는 등의 공신력 제고 방안을 검토하고 이 단계에서도 블록체인 시스템을 도입하여 무결성 및 신뢰성을 확보하는 방법을 고려해 봄직하다. 현행 부동산 등기 등 공부시스템이 블록체인 시스템으로 전환되기 전 단계에서 부동산 등기 기재사항의 명확성과 투명성, 실제 부동산과의 정합성이 갖추어져야 최종적으로는 부동산 공부에 관한 공신력이 인정될 수 있고 이로써 향후 블록체인시스템을 도입한 부동산공부시스템에 대하여 거래당사자의 신뢰를 담보하고 부동산 거래시장에서 부동산 공부에 대한 투명성과 무결성바탕으로 이를 신뢰한 당사자 간에 최종적으로는 스마트계약의 형태로 부동산거래가 이루어지는 목표에 가까워질 수 있게 될 것이다.

• 한국콘텐츠학회논문지
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• 제22권8호
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• pp.392-402
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• 2022

본 논문은 주식회사의 대표이사가 이사회 결의를 흠결하여 거래한 경우에 거래 상대방인 제3자의 보호 범위에 관한 연구이다. 대표이사가 내부적 제한이나 법률상 제한을 위반하여 이사회 결의 없이 거래행위를 한 경우에 그 법적 효력이 문제된다. 이에 대법원은 새로운 법리를 선고하였다(대법원 2021. 2. 18. 선고 2015다 45451 전원합의체 판결). 대법원은 대상판결에서 내부적 제한과 법률상 제한을 구별하지 않고 「상법」 제389조 제3항 및 제209조 제2항에 근거하여 선의의 제3자를 보호하는 한편 중과실이 있는 제3자는 악의자로 평가하여 보호 대상에서 제외하는 법리를 판시하였다. 이러한 대법원의 새로운 법리는 거래 상대방인 제3자의 보호 범위를 확장시켰다는 점, 표현대표이사 사안 등에서 중과실이 있는 제3자를 악의자와 같이 평가하면서도 경과실이 있는 제3자를 보호 대상으로 본 관련 대법원 판결과 균형을 이뤘다는 점에서 의미가 있다.

• 한국산학기술학회논문지
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• 제21권9호
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• pp.584-595
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• 2020

본 연구에서 사익편취규제제도가 특수관계인간 거래와 기업가치간의 관계에 미치는 영향을 분석하였다. 이를 위해 제도가 시행된 2014년 전·후 5개년(2009년~2013년과 2014년~2018년)동안 상장사들의 특수관계인간 거래와 기업가치간의 관계 변화를 살펴보았다. 특수관계인간 거래형태는 장기공급계약, 대여금, 신용공여이다. 총 6,534개 연도-기업 표본을 패널자료 회귀분석방법으로 분석하였다. 분석결과는 다음과 같다. 첫째, 규제제도는 특수관계인간 거래와 기업가치간의 관계에 영향을 미치는 것으로 나타났다. 전체기업 대상 분석결과 제도시행 이전에는 특수관계인간 거래와 기업가치간에 유의미한 영향관계를 확인할 수 없었다. 그러나 제도시행 이후에는 장기공급계약이 기업가치에 정(+)의 영향을 미치는 것으로 나타났다. 이는 제도시행으로 내부거래가 사익편취 목적이 완화되고 거래의 효율성과 투명성이 강화된 결과로 이해할 수 있었다. 둘째, 규제제도가 특수관계인간 거래와 기업가치간의 관계에 미치는 영향은 규제대상과 비규제대상 간에 차이가 있음을 알 수 있었다. 규제대상의 경우 제도시행 전에는 대여금과 신용공여가 기업가치에 유의미한 부(-)의 관계로 나타났지만, 제도시행 이후에는 유의미한 영향관계가 사라졌다. 사익편취 목적으로 수행되던 이들 거래가 제도시행으로 감시와 통제기능이 강화되면서 부정적인 영향관계가 완화된 것으로 이해되었다. 비규제대상에서는 제도시행 이전과 달리 장기공급계약이 제도시행 이후 기간에서 기업가치와 정(+)의 영향관계로 나타났다. 따라서 규제제도는 내부거래의 효율성과 투명성 강화 측면에서 규제대상보다 비규제대상에 더 크게 영향을 미친다는 것을 알 수 있었다.

• 한국주거학회논문집
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• 제18권4호
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• pp.97-104
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• 2007

Today, Non-Governmental Organizations (NGOs) are considered to be an important actor in the policy process. Based on this fact, this study aims to analyze the perception of the housing-related NGOs in Korea. Questions were prepared around two main themes: housing welfare policy and local governance. The data were collected in 11 cities where multi-party talks on housing welfare were held in April and in May 2007. The results are as follows. When it comes to housing welfare policy, housing supply should be combined with rehabilitation policy of low-income households. The roles of local government are strongly emphasized. Stabilization of housing market is important, but concrete measures should be necessary to help those who cannot participate in housing transaction. Concerning local governance issues, local government is expected to play a great role in setting up a productive policy network; NGOs are inclined to rely on public aid; An emphasis is put on professional and academic education which can make housing welfare delivery system more effective. With the questionnaire survey results, evolution and characteristics of the NGO movements in the Korean housing sector and the recent change of housing policy orientations are explained. And, strengthening communication channel between central and local actors, participation of NGOs in the various housing surveys, establishing a regular forum on the local level, and so on, are proposed in the conclusion.

• 한국중재학회지:중재연구
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• 제24권4호
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• pp.49-97
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• 2014

This study is about the availability of Chinese internal arbitration institutions by Korean invested companies. Generally, Chinese internal arbitration institutions lack independence from government. However, because parties seeking an arbitration award have ways to get neutrality from internal arbitration institutions that guarantee party autonomy, these Korean companies can use Chinese internal arbitration institutions to resolve disputes in China. Special attention should be given to the following. First, because Korean companies invested in China are legally in the same position as Chinese companies, unless foreign-related factors intervene, when disputes occur with Chinese companies or individuals, the disputes correspond to internal dispute, and when it comes to choosing the arbitration institution, these Korean companies must choose either a Chinese internal arbitration institution or foreign-related arbitration institution. Second, most Chinese internal arbitration institutions still lack independence from government, which can influence the fairness of arbitration in the future. Therefore, Korean companies invested in China should think about alternative ways to get a minimum impartiality in arbitration cases. Third, the parties are allowed to choose arbitration rules freely in Beijing, Xian, Chongqing, Guangzhou, and Hangzhou arbitration commissions. Therefore, in arbitration cases, the parties can get impartiality by choosing arbitrators according to the arbitration rules which they agree on, or by choosing partially modified arbitration rules of those arbitration commissions. Fourth, in order to get an impartial arbitration award from Chinese internal arbitration institutions in China, it is important for Korean lawyers or arbitration experts -- fluent in Chinese -- to be registered in the List of Arbitrators of Chinese internal arbitration institution by way of signing a MOU between the Korean Commercial Arbitration Board, or the Korean Association of Arbitration Studies and arbitration commissions such as those of Beijing, Xian, Chongqing, Guangzhou, and Hangzhou which comparatively do guarantee party autonomy. Fifth, because application of the preservation of property before application of arbitration is not approved in China, in practice, in order to preserve property before application of arbitration, it is best to file another suit in China based on other legal issue (e.g., tort) independent from the contract which an arbitration agreement is applied to. Sixth, in arbitration commissions which allow different agreement regarding arbitration procedures or arbitration rules, it is possible to choose a neutral arbitrator from a third country as a presiding arbitrator via UNCITRAL arbitration rules or ICC arbitration rules. Seventh, in the case of Chinese internal arbitral award, because the court reviews the substantive matters to decide the refusal of compulsory execution, the execution rate could be relatively lower than that of foreign-related cases. Therefore, when Korean companies invested in China use Chinese internal arbitration institution, they should endure low rate of execution. Eighth, considering the operational experiences of public policy on foreign-related arbitration awards so far, in cases of Chinese internal arbitration award, the possibility of cancellation of arbitral award or the possibility to refuse to execute the award due to public policy is thought to be higher than that of foreign arbitral awards. Ninth, even though a treaty on judicial assistance in civil and commercial matters has been signed between Korea and China, and it includes a provision on acknowledgement and enforcement of arbitral award, when trying to resolve disputes through Chinese internal arbitration institution, the treaty would not be a big help to resolve the disputes, because the disputes between Korean companies invested in China and the party in China are not subject to the treaty. Tenth, considering recent tendency of conciliation by the arbitral tribunal in China and the voluntary execution rate of the parties, the system of conciliation by the arbitral tribunal is expected to affect as a positive factor the Korean companies that use Chinese internal arbitration institution. Finally, when using online arbitration, arbitration fees can be reduced, and if the arbitration commissions guaranteeing party autonomy have online arbitration system, the possibility of getting impartial arbitration award through them is higher. Therefore, the use of online arbitration system is recommended.

• 무역상무연구
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• 제42권
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• pp.133-160
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• 2009

In International trade the buyer and seller are normally separated from on another not only by distance but also by differences in language and culture. It is rarely possible for the performance of obligations to be simultaneous and the performance of contracts therefore calls for trust in a situation in which the parties are unlikely to feel able to trust each other unless they have a longstanding and successful relationship. Thus the seller under an international contract of sale will not wish to surrender documents of title to goods to the buyer until he has at least an assurance of payment, and no buyer will wish to pay for goods until he has received them. A gap of distrust thus exists which is often bridged by the undertaking of an intermediary known and trusted by both parties who will undertake on his own liability to pay the seller the contract price in return for the documents of title and then pass the documents to the buyer in return for the reimbursement. This is a common explanation of the theory behind the documentary letter of credit in which the undertaking of a bank of international repute serves as a "guarantee" to each party that the other will perform his obligations. The independence principle, also referred to as the "autonomy principle", is at the core of letter of credit or bank guarantee law. This principle provides that the letter of credit or bank guarantee is independent of the underlying contractual commitment - that is, the transaction that the credit is intented to secure - between the applicant and the beneficiary ; the credit is also independent of the relationship between the bank and its customer, the applicant. The most important exception to the independence principle is the doctrine of fraud in the transaction. A strict interpretation of the rule that the guarantee is independent of the underlying transaction would lead to the conclusion that neither fraud nor manifest abuse of rights by the beneficiary would constitute an objection to payment. There is one major problem related to "Independent guarantees", namely abusive or unfair callings. The beneficiary may make an unfair calling under the guarantee. The countermeasure of beneficiary's unfair calling divided three cases. First, advance countermeasure namely by contract. In other words, when the formation of the contract, the parties must insert the Force Majeure Clause, Arbitration Clause to Contract, and clear statement to the condition for demand calling. Second, post countermeasure namely by court. Many countries, including the United States, authorize the courts to grant an order enjoining the issuer from paying or enjoining the beneficiary from receiving payment under the guaranty letter. Third, Export Insurance. For example, the Export Credit Guarantees Department is prepared, subject to certain conditions, to cover the risk of unfair calling. Of course, KEIC in Korea is cover the risk of the all things for guarantees. On international projects, contractor performance is usually guaranteed by either a standby letters of credit or Independent guarantee. These instruments will be care the parties.