• Journal of Korea Port Economic Association
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• v.25 no.3
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• pp.165-182
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• 2009

The purpose of this paper is to study on the third party logistics service enforcement of inland container depot at Pusan area. The main results of this paper are as follows: First, the inland container depot related to location selecting factor researches analyzed and korean TPL market reviewed. Second, the TPL service function reinforcement method and investments are mentioned. In detail the 9 factors are as follows: competitive high position and improvements of harbor back complex, ICD goods enterprise investment strategies, the harbor back which is inexpensive only the rent, taxes benefit and incentive, site security and base facility expansion, the goods service provision which is flexible, connection plan construction of goods enterprise, the incentive strategic establishment which is discriminated, the marketing activity which is long-term. and lastly the ICD and TPL Policy are needed that government and logistic enterprise's cooperation gains competitive advantage.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.23-43
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• 2016

This study describes the exclusion of the seller's liability for defects in title under CISG and UCC. Through comparing two provisions, this article provides contracting parties with guidance regarding choosing governing laws and practical advice. CISG and UCC states not only the seller's liability for defects in title but also the exclusion respectively. Under two provisions, contracting parties who wish to avoid this liability may agree that the liability will not apply. Under UCC ${\S}$2-213(2), the seller's warranty can be disclaimed by specific language in the contract or by the circumstances surrounding the transaction. Although there is no express exclusion provision under CISG Article 41 and 42, Article 6 allows contracting parties to agree that they may exclude the application of the seller's liability. Both Article 42 under CISG and ${\S}$2-213(3) under UCC provide where the buyer furnishes specification to the seller. Under UCC ${\S}$2-213(3), it is the buyer's warranty to hold the seller harmless from any claims which arise from the seller complying with specification furnished by the buyer. But, under CISG Article 42, the seller's duty is excluded if the third party right or claim result from the fact that the seller has complied with specifications provided by the buyer. Therefore Article 42 does not charge the buyer with the duty, but rather limits the circumstances under which he could cause claims under Article 42. Interestingly, CISG has provisions which are absent from UCC. First, under Article 41, the seller escapes the liability if the buyer agree to take the goods subject to the third party right or claim. Second, under Article 42(2)(a), the seller is not liable if the buyer knew or could not have been unaware of the third party right or claim at the time of the conclusion of the contract.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.26
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• pp.35-86
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• 2005

International distributorship contract(IDC), as well as international agency contract is a type of contract which is most frequently used in international trade. But one of the main difficulties faced by parties of IDC is the lack of uniform rules for this type of contract. This means that both parties should be careful about each clause of the contract when they draw up it. The ICC prepared model form which incorporates the prevailing practice in international trade, and which aims at protecting and balancing the legitimate interests of both parties. This author examined the several important clauses in this model contract. The purpose of this examination is to help the contracting parties for better understanding and applying them in their actual contracting practice, which based on this model contract. When the supplier and the distributor execute their contract or use ICC Model Contract, they should be careful about the following points: First, some terminologies(like, "territory", "product", "competing products" and "exclusivity") should be clearly defined in their contract. Second, regarding the supplier's functions including "supplying products" and the distributor's responsibility including "undertaking not to compete", and "attaining guaranteed minimum targets", both parties should make clear about each party's right and obligation as well as one party's remedies available when other party makes breach of its obligation. Third, both parties should examine the relationship between the "exclusivity" or "sole" and competition law which is regarded as a mandatory rule in the territory. Forth, when both parties lay down "termination clause" in the contract, they should make clear about the indemnity in case of termination. Fifth, as there is not uniform law for the distributorship contract, it is inevitable to choose any local law as an applicable law in case of litigation. So both parties should keep in mind to insert arbitration clause to avoid the application of the local law. Besides, both parties should consider their individual and specific circumstances and try to reflect them in their contract by Annex I to XI attached to the end of model contract.

• Korean Journal of Legislative Studies
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• v.27 no.1
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• pp.117-155
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• 2021

The purpose of this study is to identify the relationship between people's ideological orientation and the populist attitude in terms of demand of populism. The influence of subjective ideology evaluation and political party support on anti-elitism (AE), people centrism (PC) and anti-pluralism (AP) are analyzed in detail. To research this, the socioeconomic factors, democracy recognition and the method of political participation are set as control variables, and the ideologies are classified into extreme conservative, conservative, moderate, progress, and extreme progress. The data are collected through nationwide online survey. The results of the analysis are as follows: First, the powerful affinity between ideological orientation and populist attitude are confirmed. The support for conservative ideology (especially extreme conservative) and the conservative party are affecting the AE and AP, and the ideology of extreme progress and support for the progressive party are influencing the PC and AP. When putting together 3 types of attitude, the conservative (especially extreme conservative) and extreme progressive ideology are the factors that determine the populism attitude. Second, There was no impact of socioeconomic variables except gender (female) and age. Third, populist attitude have a multidimensional nature determined by democratic satisfaction, government trust, external efficacy, voting and non-voting activities.

• Journal of Urban Science
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• v.6 no.2
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• pp.59-72
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• 2017

Studies on the calculation of accident costs include the approach on calculating damage costs covering all accidents regardless of first or secondary party and the one calculating damage costs generated by a single victim. These two approaches have a limitation of considering a subject for costs analysis as a single entity. In addition, research on estimating the interaction effects caused in the relationship between diverse traffic accident features and factors remains inadequate since most studies focused on calculating costs incurred in a single entity such as a victim, damaged building, or social organization in charge of managing car accident. This study intends to identify the expected range of old age where a specific interaction effect would remain, compare accidents between old age section and the entire age section, and discover an exogenous variable to be applied in accident drop effects in senior people and reduced benefits by calculating and testing additional accident costs in case the first party and the second party all pertain to the senior age section. By classifying the entire accidents caused by old drivers according to the types of cars, significant coefficients representing the influence that affects car accidents according to the characteristics are calculated and set them as the representative variables by selecting top variable in accordance with from low to high order. Furthermore, characteristics on five age groups such as a group of over 65 and less than 70, a group of over 70 and less than 75, a group of over 75 and less than 80, a group of over 80 and less than 85, and a group of over 85 are elicited and compared them with these preselected accident characteristics variables, thereby identifying what changing effects come out.

• The Journal of Information Technology
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• v.7 no.3
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• pp.63-81
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• 2004

The third party logistics(3PL) is generally understood as the logistics activities providing a comprehensive logistics services, all or partly outsourced by the customers on a larger term contract basis, ranging from making logistics strategies to implementing information technology services. A lot of companies in advanced countries such as the U.S.A. or some of the European countries have actively outsourced to logistics service providers in efforts to increase the efficiencies in logistics operation rather than doing themselves. In light of these environments, outsourcing to third parties has become a strategic issue demanding greater attention in corporate boardrooms. First, after deciding their logistics outsourcing, the companies have to set up their aims of 3PL through the development of logistical strategies. Second, the companies must decide service provider that fits to their business environment and conditions. As it is reported that 3PL services will bring a high rate of return and its potential will be more signigicant, providers and users of 3PL services and government ministry should prepare the way of improvement of logistics institution and plan to activate 3PL services to reach the advanced foreign countries level.

• Journal of Broadcast Engineering
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• v.13 no.2
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• pp.251-260
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• 2008

In this paper, we present two verifier-based multi-party PAKE (password-authenticated key exchange) protocols. The shared key can be used for secure content transmission. The suggested protocols are secure against server compromise attacks. Our first protocol is designed to provide forward secrecy and security against known-key attacks. The second protocol is designed to additionally provide key secrecy against the server which means that even the server can not know the session keys of the users of a group. The suggested protocols have a constant number of rounds are provably secure in the standard model. To the best of our knowledge, the proposed protocols are the first secure multi-party PAKE protocols against server compromise attacks in the literature.

• Journal of Distribution Research
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• v.6 no.2
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• pp.65-89
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• 2002

Compromise is a conflict-resolution mechanism whereby both parties mutually make concessions and reach an agreement somewhere between their initial positions. In the process of a compromise, both parties may engage in three kinds of behaviors with respect to concessions. First, a party makes a concession in response to another's concession (a positive matching behavior). Second, a party makes a demand in response to another's demand (a negative matching behavior). Third, a party makes a concession/demand in response to another's demand/concession (a mismatching behavior). A situation is considered where a manufacturer intends to resolve a conflict with a distributor using a compromise. In this situation, a conceptual framework is addressed. This framework presents a set of variables affecting the likelihood that given a manufacturer's concession, the distributor engages in a positive matching behavior, Then, the framework explains how this positive matching behavior affects the distributor's commitment to the relationship with the manufacturer. Seventeen propositions are derived from the conceptual framework. Discussions on conflict-resolution strategies are developed on the basis of this framework.

• Journal of Arbitration Studies
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• v.15 no.1
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• pp.207-228
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• 2005

When closing an international contract, both contract parties endeavor to convey their intentions from the stage of negotiation to the moment of signing the contract. Of the many problems presently related to contract language, the first one to consider is which contract party will run the risk of the language deficiencies occurring as a result of the misunderstanding and misinterpretation between different languages. The second problem to consider is whether the interpretation and translation of the contract language is needed and, if so, which party is going to bear the expenses and assume responsibility of the misinterpretation in the translation of, the contract language. The third problem is related to the obligation of explaining to both contract parties the contents and details of the international contract written in different languages. The fourth issue is which language of both contract parties becomes the standard contract language in the procedure of arbitration. The fifth, but not the last problem, is how to solve the language defects in interpreting and translating the contract languages. These five problems can be easily solved by the approval of the contract parties in scrutinizing and selecting the contract languages. However, this research mainly focuses on which effects of the contract language and as how to define and select the contract language.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.133-158
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• 2011

The purpose of this study is to analyze one of CIETEC(China International Economic and Trade Arbitration Commission) Award on the dispute arising from Cotton Sale Contact which deals with damages and reduction of the price. Especially this case focused on the effect of reduction of the price to damages. The purpose of damages is to place the aggrieved party in as good a position as if the other party had properly performed the contract. So court costs and attorney's fee should be regarded as the loss, because these are caused by consequence of the breach which is recoverable. With the same reason, overpaid taxes should also regard as the loss. It is not impossible, however, to claim both damages and reduction of the price for same loss at the same time. It means buyer could not claim damages for the same loss, once he already claimed reduction of the price. So Korean companies should consider which remedy is proper to himself under the circumstances. He should choose reduction of the price when market price is down. In case of rising market price, he should consider follows: first, it is better to choose damages based on current price(Art.76), if upswing of non-conformity price is higher then upswing of market price. Second, it is better to choose general rule for measuring damages(Art.74), if upswing of market price is higher then upswing of non-conformity price.