• Title/Summary/Keyword: Settlement Review

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A Study on the Settlement of Disputes in FIDIC Contracts (FIDIC 표준계약조건상(標準契約條件上)의 분쟁해결(紛爭解決)에 관한 연구(硏究))

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.27
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    • pp.3-28
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    • 2005
  • It is common that several kind of claims between the parties are arising in carrying out international construction works. Therefore, it is very important for them to settle the claims effectively in order to get expected profits and purposes in international construction works. In this article, the author have studied on the procedures and contents on the settlement of claims between the parties based on the FIDIC contracts for major works which are newly prepared in 1999 by FIDIC. Especially, the arbitration clause in the FIDIC contracts for major works attempts to deal with a number of complex contractual and legal matters, sometimes in a very harsh way, e.g. by cutting off a party's rights. It has never been an easy clause to understand or to observe. Nevertheless, the author hopes he has been able in this article to clarify for the reader some of the issues raised by it. I'd like to suggest that our overseas construction companies refer to the FIDIC contracts for major works(especially article 20 : claims, disputes and arbitration) directly or indirectly for their contract of international construction works with overseas employers.

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A Study on the Settlement of Dispute through ODR Dispute Mediation System (ODR 분쟁조정시스템 활용을 통한 분쟁해결에 관한 연구)

  • Park, Chong-Don
    • International Commerce and Information Review
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    • v.10 no.2
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    • pp.45-62
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    • 2008
  • As the Internet settles down as a general means, every year the domestic e-commerce transaction using the internet rapidly increases in its scale, and the conflicts occurred from the e-commerce largely grow as well. However, it is true that the clear settlement means to work out such conflicts is not established yet. Considering the feature of e-commerce, it would be better to resolve them by ADR rather than by lawsuits in the court, and in addition to it, the ODR system having sweetness as its advantage will be the optimized model. But to make the ODR settled down, there are many assignments to be improved in many aspects afterwards. In case of our country also, since the ODR system is still its early developing step, it is not activized yet due to its weak technical, lawful environments. Thus, currently, it is unavoidable to operate the dispute mediation system, carrying out a system by the existing Off-line together, and thereby, as we replace the parts worked out by the Off-line with by the On-line, we must try to develop it into a quick, cheap, and reliable dispute settlement system.

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Application of Pile Net Method to restrain the Soft Ground settlement in Concrete Track (콘크리트궤도 침하억제를 위한 파일네트공법 적용성 검토)

  • Lee, Il-Wha;Lee, Sung-Jin;Lee, Su-Hyung;Bang, Eui-Seok;Jung, Jang-Yong
    • Proceedings of the KSR Conference
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    • 2008.06a
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    • pp.1695-1704
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    • 2008
  • The problems associated with constructing high-speed concrete track embankments over soft compressible soil has lead to the development and/or extensive use of many of the ground improvement techniques used today. Drains, surcharge loading, and geosynthetic reinforcement, have all been used to solve the settlement and embankment stability issues associated with construction on soft soils. However, when time constraints are critical to the success of the project, owners have resorted to another innovative approach. Especially, the design criteria of residual settlement is limited as 30mm for concrete track embankment, it is very difficult to satisfy this standard using the former construction method. Pile net method consist of vertical columns that are designed to transfer the load of the embankment through the soft compressible soil layer to a firm foundation and one or more layers of geosynthetic reinforcement placed between the top of the columns and the bottom of the embankment. This paper will present the guidelines for the design of pile net method to supported embankments. These guidelines were developed based on a review of current design methodologies and a parametric study of design variables using numerical modeling.

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The Validity of Consolidated Financial Sheets & Effects of the Introduction of Consolidated Tax Return (연결재무제표 유용성과 연결납세제도 도입효과)

  • Park Sang-Bong;Yun Mal-Sun
    • Management & Information Systems Review
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    • v.15
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    • pp.1-18
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    • 2004
  • It was 1976 when the preparation of consolidated financial sheet was first prescribed in this nation. Since then, the prescription has been revised several times. Revised in April 1992, enforcement regulations of the Securities Exchange Act provided that every listed corporation has its consolidated financial sheets and an auditor's opinion about them attached to its business report. In other words, the outside audit of consolidated financial sheets became inevitable. The Act of the Outside Audit of Corporation was revised in December 1993 to provide that all corporations must prepare consolidated financial sheets and receive the outside audit of the documents beginning their settlement of accounts in December 1994. In case of overseas corporations, consolidated financial sheets and the Equity Law have been applied since their settlement of accounts in December 1995. Now those sheets must be prepared by all local and overseas corporations that involve relations of governance or dependence. The preparation and public notification of consolidated financial sheets has been settled as a system. This nation has not yet introduced consolidated tax return using consolidated financial sheets. Such tax return system is already being used by most of the world's economic powers such as U.S., Europe and Japan. This study shows that reduction in corporation tax is the biggest reason for avoiding consolidated tax return system, even though the system can facilitate the settlement of consolidated accounting. Consolidated tax return, which is being implemented in about 20 countries including U.S., needs to be introduced by this nation where consolidated financial sheets are publicly notified.

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FTA & IOs Experiences of WTO Members and Their Use of its Dispute Settlement Mechanism (FTA 및 국제기구 참여가 WTO 분쟁해결절차 이용에 미치는 영향)

  • Lee, Hyo Won
    • International Area Studies Review
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    • v.22 no.1
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    • pp.3-21
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    • 2018
  • The WTO was established in 1995 as an organization which protects and promotes free trade among its members. However, since about this time they have signed many bilateral and multilateral FTAs and joined many other new international agreements and organizations, the purpose of which at times overlaps with that of the WTO. Some existing works on international organizations contend that these FTAs and many other IOs could weaken the role of the WTO as a promoter of free trade. However, the results of regression analyses on the use of the WTO do not support this argument, but show that the experiences of WTO members in these FTAs and many other IOs help them to use its dispute settlement mechanism more frequently

Empirical Study on Determinants of T/T Payment Risk in International Trade (무역거래에서 송금(T/T)방식의 결제 위험성에 영향을 미치는 요인분석)

  • Han, Woo-Jung;Cho, Hyuk-Soo
    • Korea Trade Review
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    • v.44 no.6
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    • pp.87-103
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    • 2019
  • L/C(Letter of Credit) is a common payment term designed to prevent credit risk in international trade. However, most companies prefer T/T (Telegraphic Transfer) payment due to its time and cost efficiency. According to related statistics, more than 70% of international trade contracts are based on T/T rather than other payment terms. The time required from the export negotiation to the completion of the export transaction and collection in international trade is very long. In this process, disputes related to settlement are continuous, so caution should be exercised. Therefore, whether or not the export payment is recovered in a timely manner is the core issue of trade transactions for exporters. The purpose of this study is to identify problems that cause delayed payments during settlement by the remittance (T/T) method, which can lead to settlement risk, in order to investigate those factors which can lead to delays in payments and increased risk as well as to determine ways to prevent such factors in advance. According to empirical findings, trading experience, transaction duration, and contract contents can be important determinants in terms of payment delays. Industry uniqueness and market uncertainty were found to be in opposition to the hypothesized relationships. The results of this study will be useful for trading companies to reduce their payment risk.

Research directions for maintenance criteria in Slab Track (콘크리트궤도 유지보수기준 정립을 위한 연구방향)

  • Eom, Jong-Woo;Lee, Myung-Suk;Kwon, Jin-Soo;Kim, Soo-Jung
    • Proceedings of the KSR Conference
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    • 2011.05a
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    • pp.979-987
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    • 2011
  • The Ballast Track has been widely applied in traditionally due to low initial cost and abundant elastic property. But the disadvantages of Ballast track are; labor-intensive and costly maintenance, weak in high-speed and heavy axial load, in additionally need wide cross section of tunnel and massive substructure in viaduct. Therefore, recent applications tend to more and more towards slab track such as Gyeungbu high speed rail and existing line. The slab track increased the stability, resistance and durability of track, and save maintenance cost compare to the Ballast Track. But the slab track have weakness of track elongation by sub-ballast differential settlement and that threat safety of train operation. Therefor the slab track need to prevent cracks in concrete ballast for insure the durability of slab track. In this paper, review main items and its expected effects of the slab track maintenance standards that control sub-ballast settlement and concrete ballast cracks.

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A Study on Vocational Decision Making of Rural Youth (농촌청소년의 직업의사결정 분석)

  • Lee, Chae-Shik
    • Journal of Agricultural Extension & Community Development
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    • v.12 no.2
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    • pp.257-270
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    • 2005
  • The purposes of this study were to explore the differences of decision making in farming settlement and to analyze attributes for vocational decision making of rural youth. The study was carried out by literature review and questionnaire. To analyze vocational decision making of rural youth, the data were collected from 196 rural youth by stratified random sampling. The SPSSWIN/ver10 was used for analyzing data with frequency, percentage, t-test ANOVA and factor analysis. The major findings of this study were as follows; 1) Rural youth decided to become farmers at the middle and high school stage for farming succession and eco-friendly life orientation. 2) Youth parents were the major source of influence on their rural youth to settle in farming. 3) Rural youth with high economic status, upper academic achievement and university graduation showed higher autonomous decision making and lower heteronomous decision making. 4) Rural youth with low economic status and low academic achievement showed unstable vocational decision making. 5) The study suggested that rural youth with unstable decision making should get more educational opportunities and supports.

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A Study on International Mercantile Custom in Russia (러시아의 국제상관습에 관한 연구)

  • Lee, Suk-Yun
    • International Commerce and Information Review
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    • v.1 no.2
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    • pp.295-323
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    • 1999
  • A main purpose of this study is to examine the international mercantile custom of Russia. After the collapse of the Soviet Union, the new Russia have to make a relation external world for economic development. The geostrategic importance and natural resources in Russia attracted constant interest of western countries. There are many difficulties in this country and hundreds of Korean and western companies already operate in Russia and their activities are more and more of a long-tenn character. So, the settlements of trade and understanding between Korea and Russia are very important. It includes effective methods of trade settlement, factors of successful negotiation, differences of trade customs and business environment.

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The Comparisons on the International Arbitration Systems between Korea and China (한.중 국제중재제도의 비교와 시사점)

  • Oh, Won-Suk;Li, Jing-hua
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.46
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    • pp.315-350
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    • 2010
  • The rapid growth of Korea-China trade that was since the establishment of diplomatic relations in 1992, led China to surpass the United States and Japan to become Korea's largest trading partner in 2009. "The largest trade" also means "the most disputes", so it is essential to study on dispute settlement and enforcement system of the two. Therefore, in order to make the traders correctly understand and use the arbitration as a dispute settlement method in both China and Korea, this article makes a comparative study on arbitration system between the two countries. And finally, it analyzes the enforcement situation of arbitral award in China, then provides the author's personal recommendations as a countermeasure against the poor enforcement system in China.

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