• Title/Summary/Keyword: Second-Hand Goods

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A Comparative Legal Study on the Damages in the International Sale Laws (국제물품매매에서 손해배상청구권에 관한 비교법적 고찰)

  • OH, yon-Sok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.77
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    • pp.23-42
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    • 2018
  • This study compares the SGA and CISG to find out the difference of the criteria for calculating damages. and it intends to give some important points in trade practice. The damages is intended to compensate the victim for the breach of contract but there are differences between SGA and CISG as follow. First, the SGA and CISG have the same purpose of claiming damages. Both laws and regulations are subject to a full indemnification to compensate for the breach of the contract by the amount equivalent to the loss suffered by the victim. Second, in the general principle related to the calculation of damages, both law enforcement officials are required to be able to predict damages caused by breach of contract. In the case of SGA, however, a foreseeability test or remoteness of damages is required for the relationship between the contract violation and the loss. In other words, it can be said that the causal relation between the contract violation and the damage is strictly applied rather than the CISG. Finally, both laws and regulations of SGA and CISG have a big difference in criteria for calculating damages. In the CISG, after the contract is canceled, it is classified according to the existence of the alternative transaction and the damage amount is calculated based on the contract price. On the other hand, the SGA estimates the loss based on the market price at the delivery of the goods, reflecting the change in the market price instead of the contract price of the goods.

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Legal Relations of the Contract of International Carriage of Goods by Air (국제항공화물운송계약(國際航空貨物運送契約)의 법률관계(法律關係) -화주(貨主)의 권리의무(權利義務)를 중심(中心)으로-)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.193-222
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    • 1989
  • The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.

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Fashion activism for sustainability on social media (지속가능성을 위한 패션 액티비즘 - 소셜 미디어를 중심으로 -)

  • Chung, Soojin;Yim, Eunhyuk
    • The Research Journal of the Costume Culture
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    • v.28 no.6
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    • pp.815-829
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    • 2020
  • The aim of this study is to investigate fashion activism that supports sustainability by pursuing social transformation through social media. This is achieved by publicizing the environmental and labor problems of the fashion industry. For this study, a literary survey and netnography were conducted from January 2017 to November 2020. We classified and analyzed environmental and labor issues that could be considered fashion activism on social media. The results are as follows. First, movements for conscious consumption appeared as #haulternative, #fashionourfuture, #SecondHandSeptember, and #wornwear projects. These movements are concerned with buying used goods, re-dressing clothes owned by individuals, and transforming and wearing them with new methods. Second, activism for environmental protection includes #fashionOnclimate by Global Fashion Agenda and Sustainable Fashion Matterz' #Watermatterz. These movements are directly involved in learning about the seriousness of environmental destruction caused by the fashion industry and participating in environmental protection with critical awareness. Third, the #whomademyclothes and the Clean Clothes Campaign are activism for improving the working environment, and are playing a role in publicizing labor issues by informing the general public about inadequate working conditions linked to the fashion industry. Thus, fashion activism on social media examined in this study can contribute to visualizing chronic problems that hinder sustainable development within the fashion industry.

Development of household production satellite and application based on the establishment of concept and standardized measurement for household production (가정생산 위성계정의 개발 및 적용: 새로운 개념 정립과 표준화된 측정방법을 중심으로)

  • Park, Hyun-Jung;Hong, Hyunjeong;Huh, Kyungok
    • Journal of Family Resource Management and Policy Review
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    • v.17 no.2
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    • pp.55-74
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    • 2013
  • This research developed standardized satellite accounts for household production to measure the entire production in Korea using representative Korean data. This study utilized standardized methods for measuring the expenditure and consumption of expendable supplies as an element of intermediate goods in household production. The results of this research can be summarized as follows. First, the total value of household production in Korea in 2009 turned was 268 trillion won, which would be 10.16% of the GDP, based on using the method of replacement by specialty for estimating the value of housework, while it was 356 trillion won, which would be 13.5% of the GDP (2,636 trillion won), based on the method of opportunity cost. Second, the economic value of labor invested in household production was 220 trillion won when using the data from 12 main corresponding wages in the market, while it was 203 trillion won when using the method of total replacement, which used the wages of housekeepers, and 290 trillion won when using the method of opportunity cost in measuring the value of housework labor. Third, in estimating the proportion by section in terms of the total value of household production, the portion of labor in household production was measured from 76% to 82%, depending on the methods used, which is the most significant section. These results indicate that housework has the characteristics of labor-centered work. On the other hand, the value of expenditure on and consumption of expendable supplies, as one element of intermediate goods, is 63 trillion won, which is 17.7% (using the method of opportunity cost in measuring the labor of housework) of household production. Also, the value of capital goods, as the other element of intermediate goods is 2.3 trillion won, which is 0.9% (using the method of opportunity cost) of household production. In conclusion, as an element of household production, housework labor was higher in household production than expenditures on expendables, especially for cooking, cleaning, and caring for children. In the future, people should be cautious about estimating that the amount of household work could be reduced, as women's labor in the market and the household work produced by the market will increase.

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The Analysis of Visual Image of One-Point Graphic Appeared on T-shirt (티셔츠 상품에 활용된 원 포인트 그래픽의 시각이미지 분석)

  • Lee Mi-Yoen
    • Journal of the Korean Society of Costume
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    • v.55 no.8 s.99
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    • pp.15-29
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    • 2005
  • In these days, T-shirt is not only the simple wearing goods but also the suggestive communication, which is not showed outward as well as being intended. Also, it indicates expression of contemporary sensitive living, expression of substantial oneself, and the effective commercial promotion fer advertising fashion brand and promoting the object's sale. Following the above concept, the aim of this study is to understand the outstanding tendency of ' The T-shirt one-point graphic's functions and visual image ', which is appeared after 2001 in the fashion industry's commercial aspects. The visual image's applicative rate of the T-shirt one point graphic is the following; The best applicative rate on T-shirt one- point graphic is the visual image using the mix & match technique shown 42.8 percent applicative rate. The second one is the visual image using the typography shown 38.7 percent. The third one is the visual image using the animals and plants shown 8.5 percent. The fourth one is the visual image using the person's character shown 3.8 percent. The fifth one is the visual image using the geometry shown 2.4 percent. The least one is the visual image using the cartoon character shown 1.6 percent. On the other hand, another important function of t-shirt one-point graphic is the following; 1, The essential function as t-shirt design factor. 2, The promotional function as brand image marketing and brand advertisement. 3. The communicative function as discriminative strategy of object. 4. The achievable function as value added goods.

A Study on the Utilization of Korea Traditional Patterns for Fashion Cultural Products (패션문화상품의 한국전통문양 활용 실태에 관한 연구)

  • Hyun, Seon-Hee;Bae, Soo-Jeong
    • Journal of the Korean Society of Clothing and Textiles
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    • v.31 no.8
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    • pp.1252-1261
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    • 2007
  • The purpose of this study was to grasp the utilization of traditional Korean Patterns used for fashion cultural products. To achieve this purpose, this study examined the range of fashion cultural products through literature review, previous researches, and market surveys and analyzed the situation of fashion cultural products and the kinds, expression methods, expression techniques, and repeat styles of utilized patterns. The analysis results are as follows. First, in the use of traditional pattern, the most frequently-used fashion cultural products were small and inexpensive accessories, followed by fashion apparel, miscellaneous goods, and living cultural goods. Second, the most frequently-used traditional patterns were plant patterns, especially flower patterns. The next frequently-used ones were mixed patterns, especially in the mixture of flower and letter patterns, and $cloisonn\'{e}$ and flower patterns. The next frequently-used traditional patterns were animal patterns(especially butterfly patterns), followed by geometric patterns, lucky omen patterns, and letter patterns. In the expression methods of used patterns, most products except handicrafts preferred simplified patterns to real patterns. Finally, in the expression techniques of traditional patterns, the most frequently used technique was traditional embroidery, followed by the use of weaving fabrics such as fine gauze and brocade which are used for Hanbok. Also, transfer dyeing which is one of printing techniques, DTP(digital textiles printing), a mixed technique which adds embroidery to weaving fabrics, hand-painting, and a gilt technique were used. The results of this study suggest that most fashion cultural products except few designers' works attached weight to some specified patterns and expression techniques regardless of the characteristics of products since there is little understanding of a variety of patterns and are few researches and development on expression techniques.

Design and analysis of monitoring system for illegal overseas direct purchase based on C2C (C2C에 기반으로 해외직구 불법거래에 관한 모니터링 시스템 설계 및 분석)

  • Shin, Yong-Hun;Kim, Jeong-Ho
    • Journal of Digital Convergence
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    • v.20 no.5
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    • pp.609-615
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    • 2022
  • In this paper, we propose a monitoring system for illegal overseas direct purchase based on C2C transaction between individuals. The Customs Act stipulates that direct purchases from overseas are exempted from taxation only if they are less than a certain amount (US$150, but US$200 in the US) or are recognized as self-used goods. The act of reselling overseas direct purchase items purchased with exemption from taxation online, etc., is a crime of smuggling without a report. Nevertheless, the number of re-sells on online second-hand websites is increasing, and it is becoming a controversial social issue of continuous violation of the Customs Act. Therefore, this study collects unspecified transaction details related to overseas direct purchase, refines the data in a big data method, and designs it as a monitoring system through natural language processing, etc. analyzed. It will be possible to use it to crack down on illegal transactions of overseas direct purchase goods.

Fashion Changes in fur Clothing & Export Industry Supporting Plan (모피 의류의 패션 변화와 수출 산업 육성 방안 연구)

  • 김혜경
    • Journal of the Korean Society of Costume
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    • v.38
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    • pp.245-260
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    • 1998
  • Our country's fur clothing industry has rapidly grown for a short time since it started with simple needlework of fur pieces, and now it is still developing as export industry that some enterprises besides general business firm export more than ten million dollars a year. However, it is true that fur clothing industry is still in unsatisfactory level in its size and system, compared with manufacturing or leather industry. Of course, we import crude material and processed fur on an entire base, and we have few wild fur on an entire base, and we have few wild fur animals because of our natural condition and it is hard to breed them. On the other hand, the world's fur industry shows that the demand of fur clothes is increasing as fur animal breeding is improved and developed and supply has become rather abundant with the help of fur clothing fashion since late 19th century : Also, there is a trend that some developed countries depend on importing rather than self-prodoction because of the character-istic of labor-concetntraled fur industry. Accordingly, considering this situation, we can expect fur clothing industry as promising export industry by analyzing the present situation of our country's fur clothing industry and suggesting its problems and solutions, and here are developing plans for growing fur clothing industry as promising export industry. First, smoothing delivery of crude material. Second, making high quality products and diversifying goods. Third, establishing effective competition system in fur clothing industry. Fourth, raising skilled man power. Lastly, there should be coopetation among the related fields in the aspect of policy including the support from the government.

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Input-Output Analysis on the Medical Service Industry between Korea and Japan (의료서비스산업의 산업연관분석)

  • 이견직;정영호
    • Health Policy and Management
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    • v.10 no.1
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    • pp.126-147
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    • 2000
  • This paper empirically explores the nature of the medical service industry and its various propagation effects on the economy in the input-output model, as revealed by a comparative analysis between Korea and Japan. The main findings of the paper are as follows; First, the growth of medical industry induces above-average effect on employment. Second, the industry is of the characteristics of weak both backward and forward linkage effects implying a 'final demand dependency industry'. When compared with public service sectors, however, the medical services industry shows stronger backward linkage effect than those sectors. Furthermore, it has strong repercussion effects on the goods industries. Third, in order to produce per unit of services, the medical services industry of Korea uses relatively more drugs and medical devices than that of Japan. In general, it has been shown that production structure of medical service industry in Korea is 'hardware-oriented' one; on the other hand, 'software-oriented' in Japan which means that, as intermediate inputs, outsourcing and informatization has been used than those of Korea. From the findings of the paper it could be emphasized that the medical organizations in Korea should put more efforts on shifting the current hardware-oriented production structure to strengthen core competence by enhancing productivity and by outsourcing to improve efficiency of production process. However, the medical organizations in Korea would not have enough incentives for high value-added production structure because they enjoy high operating surplus. Therefore, it would be necessary that government policy should be taken into account of these environments.

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Research of Fashion Merchantability of Fashion Illustrations - Focusing on Expression Techniques used in Fashion Products between 2002 and 2008 - (패션 일러스트레이션의 패션 상품화에 관한 연구 - 2002년~2008년 패션 상품에 나타난 표현기법 중심으로 -)

  • Lee, Mi-Jung;Kwak, Tai-Gi
    • Journal of the Korean Society of Costume
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    • v.60 no.4
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    • pp.1-17
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    • 2010
  • There had been studied for a function of fashion illustration that has various capability of differentiation among fashion products since year 2000. A fashion products adopted the illustration is stand out not only to increase the goods profits by consumers who is willing to purchase the products with specified identity but also to execute differentiation strategy in a market. The aim of this study is the theoretical approach of fashion illustration and examined the development process of the products based on the supporting documents of cooperations, other records and actual application cases. Also, expression techniques of fashion illustration, image features and etc. are mainly studied and following representative results are projected through the data. First, the success of fashion commercialization using fashion illustration should have mutual organic function which requires three factors such as product project, marketing, the role of illustration. Second, An illustration of hand drawing expression technique is more helpful in differentiation of fashion product than using computer graphic, embroidery, collage technique and the fashion products vividly expressed with sensuous illustration tend to have higher preference. Third, the possibility of success the fashion products is often affected by the distinct identification and the precise positioning while the illustration is used.