• Journal of Digital Convergence
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• v.9 no.5
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• pp.31-43
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• 2011

Since the R&D Program for Small and Medium-sized Enterprises started in 1997 as a part of Small and Medium Business Administration, many companies succeeded to carry out the tasks and were charged royalty fees from the government aid program in return. However, some of them were unable to pay a royalty because of their poor financial positions. Failure to pay a royalty also led to adding administrative duties including debt collection and imposing a penalty of participation restriction for other R&D programs. To solve the problems incurred by a failure of royalty collection, a divided payment using a surety insurance was introduced in 2009. That is, the R&D program recipients who were charged royalties issue surety insurance policies and submit them to a collection agency with a plan of divided payment. In this study, we estimate the main benefits of introducing surety insurance for royalty collection. First, we analyze royalty collection results from recipients supported by the R&D program from 1997 to 2006. By doing so, we calculate the main parameters that will be used for estimating the 2011 collection results. Next, besides estimating the quantitative effect, which summarizes an increase of royalty collection via surety insurance, we also analyze various qualitative effects such as simplification of the collection process and expansion of opportunities for participation in R&D programs.

• Korean Journal of Construction Engineering and Management
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• v.12 no.3
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• pp.53-61
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• 2011

After several collapse accidents of large structures in the early 1990s in Korea, the government enacted a law that architectural, engineering and construction firms are obliged to have insurance for projects over a certain size. Particularly, with regard to insurance in design and construction supervision works (i.e. engineering insurance), although several operation-based problems were pointed out from practitioners, still little research has been done on analyzing current regnlartory and operational state and suggesting policy alternatives. Hence, this study applies Delphi technique to solicit current operational problems and propose a series of improvements on engineering insurance based on interview surveys targeting major market participants: municipalities, engineering firms, and insurance companies. Key findings culminate in adopting guarantee limits based on credit evaluation, abrogating joint surety, covering a loss of life, increasing insurance entrance fee, extending time covered, and etc. Reaching a consensus on the proposed alternatives between the market participants will form the foundation for sound developments of construction design and engineering industry.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.26
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• pp.203-223
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• 2005

Many international transactions involve the use of security devices, commonly referred to as "guarantees", "bonds", or "standby credits", designed to protect one of the parties from a breach by its counter-party. These security mechanisms may be provided by banks, insurance companies, specialized surety companies, or other financial service firms. Although some legal systems distinguish between "guarantees", "bonds", and "indemnities", these terms are often used as synonyms in the everyday language of international traders. It may therefore be necessary to examine the particular characteristics and nature of the guarantee obligation in order to properly classify the guarantee. Two main categories of guarantee are demand and suretyship. Under a demand guarantee, the guarantor must pay on first demand by the beneficiary. The beneficiary only has to demand payment under the guarantee - there is no need to prove that the principal has actually defaulted on a contractual obligation. Under a suretyship or conditional guarantee, the obligation of the guarantor is triggered by the actual default or contractual breach of the principal, as evidenced in a document such as a court judgement or arbitral award against the principal. Guarantees have been widely used in the international business transactions. Main uses of guarantees are as follows : Performance Bonds/Guarantees, Bid(or Tender) Bonds/Guarantees, Advance Payment or Repayment Bonds/Guarantees, Retention Bonds/Guarantees, Maintenance(or Warranty) Bonds/Guarantees etc.