• 한국중재학회지:중재연구
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• 제12권2호
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• pp.115-151
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• 2003

As international trade and commerce increases among the nations in the world, it is inevitable fact that disputes rise as well. As these transactions grow more complex, it becomes increasingly important to resolve disputes and conflicts as quickly, efficiently and formatively as possible. In practical commercial affairs, we call a variety of international commercial troubles ‘trade claims’, Trade claims consist of disputes, controversies, or differences which may arise between the parties, out of, or in relation to, or in connection with their contracts, or for the breach thereof. Trade claim should be instituted promptly, otherwise it may be barred by prescription. Also, the other party will not accept the claim by reason of loss of evidence. In this connection, it should be noted that how long the claim prescription would continue. Trade claim should be settled reasonably and amicably between the parties concerned. And if both parties do not reach an agreement through their negotiation, then the claim shall be settled finally by binding arbitration. For the purpose of managing trade claim and arbitration, the trading parties insert in their contracts claim and arbitration clauses. This paper will examine some judicial precedents concerning claim clauses which are closely connected with a time limit of the claim It will also review some famous precedents rendered by the competent courts in connection with the wording, scope and implied renewal of arbitration clauses.

• Journal of Korea Trade
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• 제23권6호
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• pp.14-32
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• 2019

Purpose - This study is designed to provide new insights on trade claim management by typifying trade claims from a relational perspective, which defines trade as an organic combination that exchanges relationships based on a mutual goal instead of conflicts between obligations and rights of the contracting parties. Design/methodology - This is a phenomenological study that aims to typify trade claims based on a relational perspective and extract implications for trade claim management. The research procedures of this study are as follows. First, international commercial dispute cases applying the CISG are collected. Second, the cases collected are quantified through content analysis. The variables for quantification are developed based on a relationship perspective. Third, cluster analysis is conducted on coded data to typify cases. And finally, this study compares the characteristics of each type using analysis of variance and suggests implications for the strategic management of trade claims from a relational perspective. Findings - Results show that trade claims are divided into four clusters, depending on whether flexibility is accepted or not and which party violates mutuality. There is also a difference between the claimant and the cause of the claim, according to the cluster. Based on the results, this study suggests that the buyer and the seller should employ different strategies depending on the type of trade claim and presents proposals for strategic claim management. Originality/value - Firstly, this study extends the theoretical discussion on trade claims by applying relational contract theory. Prior studies on trade claims have been primarily based on traditional contract theory. The second is to analyze trade claims quantitatively. Prior case studies on trade claims have mainly relied on qualitative research. Finally, the study contributes to international commercial practice by typifying trade claims and presenting options for strategic management.

• Journal of Korea Trade
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• 제24권8호
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• pp.171-188
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• 2020

Purpose - This is an exploratory study that aims to apply text mining techniques, which computationally extracts words from the large-scale text data, to legal documents to quantify trade claim contents and enables statistical analysis. Design/methodology - This is designed to verify the validity of the application of text mining techniques as a quantitative methodology for trade claim studies, that have relied mainly on a qualitative approach. The subjects are 81 cases of arbitration and court judgments from China published on the website of the UNCITRAL where the CISG was applied. Validation is performed by comparing the manually analyzed result with the automatically analyzed result. The manual analysis result is the cluster analysis wherein the researcher reads and codes the case. The automatic analysis result is an analysis applying text mining techniques to the result of the cluster analysis. Topic modeling and semantic network analysis are applied for the statistical approach. Findings - Results show that the results of cluster analysis and text mining results are consistent with each other and the internal validity is confirmed. And the degree centrality of words that play a key role in the topic is high as the between centrality of words that are useful for grasping the topic and the eigenvector centrality of the important words in the topic is high. This indicates that text mining techniques can be applied to research on content analysis of trade claims for statistical analysis. Originality/value - Firstly, the validity of the text mining technique in the study of trade claim cases is confirmed. Prior studies on trade claims have relied on traditional approach. Secondly, this study has an originality in that it is an attempt to quantitatively study the trade claim cases, whereas prior trade claim cases were mainly studied via qualitative methods. Lastly, this study shows that the use of the text mining can lower the barrier for acquiring information from a large amount of digitalized text.

• 무역상무연구
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• 제65권
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• pp.71-94
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• 2015

The insurer's right to take legal proceedings in the name of the assured against a third party who has caused loss of or damage to the goods is of particular importance in marine cargo insurance under international trade transaction. The amounts recovered in subrogation actions, known in practice simply as recoveries, form a significant element in the balancing of the cargo insurer's underwriting account by improving ing the loss record. However, even if the carrier involved in the accident have a liability for damages, in some cases can not claim damages in accordance with the after clauses and carrier's exemption clauses indemnity carrier under the contract of carriage. In recent, the dispute cases to argue damages claim of the carrier in connection with business practices of surrender B/L, the claim is dismissed cases in accordance with the Arbitration Rules of the after clauses. In the future, the surrender B/L is continually to use as a marine transport method, it may also be interested in insurance subrogation of damages claims to insurance accident by a surrender B/L.

• 무역학회지
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• 제47권3호
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• pp.177-190
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• 2022

This study is designed to identify the differences in the types and importance of trade claims at the national level. For analysis data, abstracts of arbitration and court judgments published on the website of the United Nations Commission on International Trade Law are collected and used. The target countries are China and the United States, with 102 cases from China and 59 cases from the United States. By applying topic modeling techniques to the collection decisions of China and the United States, trade claims are categorized, and the importance of each type is identified using the network centrality index derived through semantic network analysis. The analysis results are as follows. First, the main types of trade claims were the same for both the United States and China: product nonconformity, delivery issues, and payments. However, in China, the order of product nonconformity > delivery issues > payments was important, and in the United States, payments > product nonconformity > delivery issues were found to be important. This study is significant in that it presents a strategic trade claim management plan using a quantitative methodology.

• 무역학회지
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• 제41권3호
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• pp.135-156
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• 2016

본 연구는 중국 산동성 경제 현황 자료를 참고하여 한국과 중국 산동성 주요지역 (칭다오시, 옌타이시, 웨하이시, 지난시)의 무역 및 투자 현황을 살펴보고 양국 간 유형별 클레임 사례를 조사하였다. 더불어, 이를 실증적으로 파악하고자 중국 산동성에 투자한 한국 기업 300개를 대상으로 설문조사를 실시하였고, 이를 바탕으로 추론적 분석을 위한 가설/검정을 실시하였다. 이에 대한 결과로 첫째, 수출입 금액으로 대변되는 기업 규모와 무역 클레임 제기 빈도 간 관계 (H1)와, 무역 클레임 금액 (H2)과의 관계는 정(+)의 관계에 있다는 가설이 인용되었으나, 같은 맥락으로 클레임 판정까지의 소요시간과의 관계 (H3) 또한 정(+)의 관계가 성립할 것이라는 가설은 오히려 유의한 부(-)의 관계가 나타나면서 이를 기각하였다. 둘째, 기업의 유형으로 대변되는 취급 품목의 경우는 무역 클레임 제기 빈도와의 관계 (H4), 클레임 예방 대처 방법과의 관계 (H6)에 있어 유의한 차이를 나타내는 반면, 무역 클레임 종류에 따른 차이 (H5)는 그 유의성이 나타나지 않았다. 본 연구를 통해 중국 산동성 지역의 한국 기업에 대한 현황을 이론적/실무적 차원으로 살펴보았으며, 이를 통해 향후 산동성에 진출하는 우리 기업의 실질적인 요구에 부응할 수 있을 것이라 생각한다.

• 월간포장계
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• 통권171호
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• pp.64-68
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• 2007

• Journal of Information Processing Systems
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• 제4권3호
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• pp.113-120
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• 2008

Most enterprises have controlled claim data related to marketing, production, trade and delivery. They can extract the engineering information needed to the reliability of unit from the claim data, and also detect critical and latent reliability problems. Existing method which could detect abnormal quality unit lists in early stage from claim database has three problems: the exclusion of fallacy probability in claim, the false occurrence of claim fallacy alarm caused by not reflecting inventory information and too many excessive considerations of claim change factors. In this paper, we propose a process and methods extracting abnormal quality unit lists to solve three problems of existing method. Proposed one includes data extraction process for reliability measurement, the calculation method of claim fallacy alarm probability, the method for reflecting inventory time in calculating claim reliability and the method for identification of abnormal quality unit lists. This paper also shows that proposed mechanism could be effectively used after analyzing improved effects taken from automotive company's claim data adaptation for two years.

• Journal of Public Diplomacy
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• 제2권1호
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• pp.28-42
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• 2022

The aim of this article is to rethink the role of international trade as a public diplomacy tool by considering the uncertainties that stem from political tensions. The main contribution made in this article is theoretical rather than statistical. However, we analyze trade and public opinion data to study the relationship between both factors. Using Latinobarometer, a cross-sectional survey that collects public opinion data from Latin America, this article analyses public opinion toward the United States and China. One of the main takeaways from this study is that, despite its potential to showcase political stability, public diplomacy undervalues 'unintended consequences' of international trade relations. This article takes up international trade as an unintended, but arguably effective, resource to be developed for the practice of public diplomacy. Findings presented in this article do not claim causation between trade and opinion, something that can be explored by further research, but rather introduce new questions for further research on the public diplomacy of trade relations.

• 한국산업보건학회지
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• 제25권4호
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• pp.433-445
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• 2015

Objectives: The major objectives of this study are to review the issues surrounding trade secret claims in the Chemicals Control Act and Amendment on Occupational Safety and Health Act(1917-227) and to propose a way of improving the reliability of chemical information in MSDSs, labels and National Chemical Survey results. Materials: To review the issues on trade secret claims, we made an analysis frame which was divided into three steps: Value and Problem Recognition; New Regulation Design; and Enforcement and Amendment. We then compared Korean issues with issues from the United States' Hazard Communication Standard and Emergency Planning & Community Right-to-Know Act, Canada's Workplace Hazardous Materials Information System and Hazardous Materials Information Review Act and the European Union's Regulation on Classification, Labelling and Packaging of substances and Mixtures. Results: The stage of right-to-know development in Korea has passed the Value and Problem Recognition phase, so efforts are needed to elaborately design new regulation. Conclusions: We recommend two ways to improve right-to-know in Korea. First, strict examination of the quality of documents for trade secret claims is very important. Second, trade secrets should be limited to less-hazardous substances.