• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.50
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• pp.215-250
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• 2011

Korean won overseas construction projects worth 71.6 billion US Dollars in 2010, which exceeded that of 2009 by 45.6%. An overseas construction project is a transaction of large scale, long term project, many parties participating, deferred payment, and of high-technology. It contributes to foreign currency earning, and also leads the nation's export restructuring work towards high value-added one. There are various kinds of risks towards the relevant parties respectively, which are key elements in successfully performing the overseas construction project. There are completion risk, financing risk, operating risk, revenue risk etc, in an employer's place. A contractor may be confronted with payment risk, issuance risk of performance bond, financing risk, performance risk of sub-contractors, and exchange rate risk. In lenders place there are repayment risk, completion risk, and political risk in the host country. In order to mitigate risks, the parties shall take relevant measures or require relevant securities. A contractor needs to evaluate the credibility of an employer in respect of payment risk, and can also request export insurance cover by the Korea Trade Insurance Corporation(the former 'Korea Export Insurance Corporation"). An employer can require a contractor to provide performance bond in respect of completion risk, and employ a well-known first class bank as a mandated arranger to arrange financing with regard to completion risk. Lenders needs to evaluate the credibility of an employer and accomplish feasibility study of the project. Lenders can request insurance cover from export credit agency. Once the parties assess the respective risks and obtain relevant securities, the project will be successfully completed. The success of the project will be sure to bring the parties involved enormous profits and another opportunity to participate in overseas construction project afterwards.

• Journal of Korea Trade
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• v.25 no.2
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• pp.152-177
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• 2021

Purpose - This study analyses the excepted requirement and burden of proof of the carrier due to unseaworthiness through comparison between the marine transport contract and marine insurance contract. Design/methodology - This study uses the legal analytical normative approach. The juridical approach involves reviewing and examining theories, concepts, legal doctrines and legislation that are related to the problems. In this study a literature analysis using academic literature and internet data is conducted. Findings - The burden of proof in case of seaworthiness should be based on presumed fault, not proved fault. The burden of proving unseaworthiness/seaworthiness should shift to the carrier, and should be exercised before seeking the protections of the law or carriage contract. In other words, the insurer cannot escape coverage for unfitness of a vessel which arises while the vessel is at sea, which the assured could not have prevented in the exercise of due diligence. The insurer bears the burden of proving unseaworthiness. The warranty of seaworthiness is implied in hull, but not protection and indemnity policies. The 2015 Act repeals ss. 33(3) and 34 of MIA 1906. Otherwise the provisions of the MIA 1906 remain in force, including the definition of a promissory warranty and the recognition of implied warranties. There is less clarity about the position when the source of the loss occurs before the breach of warranty but the actual loss is suffered after the breach. Nonetheless, by s.10(2) of the 2015 Act the insurer appears not to be liable for any loss occurring after the breach of warranty and before there has been a remedy. Originality/value - When unseaworthiness is identified after the sailing of the vessel, mere acceptance of the ship does not mean the party waives any claims for damages or the right to terminate the contract, provided that failure to comply with the contractual obligations is of critical importance. The burden of proof with regards to loss of damage to a cargo caused by unseaworthiness is regulated by the applicable law. For instance, under the common law, if the cargo claimant alleges that the loss or damage has been caused by unseaworthiness, then he has the burden of proof to establish the followings: (i) that the vessel was unseaworthy at the beginning of the voyage; and that, (ii) that the loss or damage has been caused by such unseaworthiness. In other words, if the warranty of seaworthiness at the inception of the voyage is breached, the breach voids the policy if the ship owner had prior knowledge of the unseaworthy condition. By contrast, knowingly permitting the vessel to break ground in an unseaworthy condition denies liability only for loss or damage proximately caused by the unseaworthiness. Such a breach does not, therefore, void the entire policy, but only serves to exonerate the insurer for loss or damage proximately caused by the unseaworthy condition.

• Proceedings of the KSR Conference
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• 2008.11b
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• pp.1839-1852
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• 2008

Japanese government actively took part in the TSR modernization. the amount of trade between Russia & Japan increased increasingly by 55%, as the individual income increases in Russia, it becomes a big scale consuming market, therefore Japan concentrates on lobby to push into the russian continent and also Japanese government will participate in aggressively to the cooperation with Russian government, loaning to the TSR modernization & trade insurance, high speed train introduction, and introduction of transport system. this study checks and analyzes the japan's concrete methods & strategy to advance to the continent, and also this case can be applied to South korea, if TKR corridor is continuously blocked. I want to review the cooperation of north & south, and the project of continental railways.

• Electronics and Telecommunications Trends
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• v.37 no.6
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• pp.11-22
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• 2022

The UK is a service superpower with solid and well-developed financial and insurance services, including FinTech. Much of the UK's service industry is digital and becoming increasingly so. Primary sources constituting the UK's comparative advantage in services could be factored in business conditions driving innovation in the digital age and world-leading digital competitiveness. Therefore, this study examined the UK's digital policies. This research's focal strands were the UK's digital strategy, national artificial intelligence strategy, and digital trade objectives. As an essential insight for policymakers and other stakeholders, this study proposes that government policies in response to the digital economy are inextricably linked, leading to a critical driver for the UK's digital competitiveness.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.99-122
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• 2012

According to the United Nations Convention on the International Sale of Goods, the Seller must deliver the goods, hand over any documents relating to the them and transfer the property the to the goods as required by the contract, and buyer must pay the price for the goods and take delivery of them as required by the contract. In particular, the seller provides the documents is important. If the documents are discrepancies in credit, the beneficiary may not receive the payment. So It is important to study on conditions of documents in international trade. Documents provided by the seller shall be determined by express terms. If there is no agreement on the express terms, it shall be determined by the implied terms or governing law terms. In practice Seller shall provide the documents are as follows, For example, transport documents, commercial invoice, certificate of origin, insurance policy, packing list, inspection certificate etc. As stated above if it can not be determined by express terms, it is determined by the implied terms. In international trade, leading to the implied terms is incoterms(R) 2010 and UCP 600. Incoterms(R) 2010 define the seller must provide the goods and the commercial in conformity with the sales contract and any other evidence of conformity that may be required by the contract and UCP 600 are rules that apply to documentary credit. This paper, the practical utility between Incoterms(R) 2010 and UCP 600 is studied.

• The Journal of Asian Finance, Economics and Business
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• v.7 no.10
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• pp.461-470
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• 2020

The objective of this research is to examine the factors affecting the decision-making of International Commercial Terms (Incoterms) of automotive parts manufacturers in Thailand. This mixed method study applied qualitative and quantitative research methods and utilized the analytical hierarchy process (AHP) to prioritize the significance of the factors. By an in-depth literature review and expert interview, four main criteria were identified. These criteria include Operating costs, Cooperation and bargaining power, Knowledge and understanding and Operation duration then main criteria divided into fifteen sub-criteria. The common Incoterms, Ex Works (EXW), Free On Board (FOB), Free Carrier (FCA), and Cost, Insurance and Freight (CIF), were determined as alternatives to the incoterms through a preliminary survey. The results revealed that the operating costs were the most important factor for the company. Moreover, it was discovered that this was consistent with the priority of the secondary factors, which included the annual budget for the transportation expenses and product value at one time. The respondents' perspective suggested that FCA was the most appropriate Incoterms for international trade for a company. The findings of this research suggest a hierarchy model for organizations to prioritize the significant factors in order to make a decision on the most appropriate Incoterms.

• Korea Trade Review
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• v.42 no.3
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• pp.25-47
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• 2017

Forfaiting is a trade finance facility whereby financial institution purchases accounts receivable from exporters, on a without recourse basis. After the adoption of K-IFRS in 2011, accounting for simple borrowing as usual negotiation increases debt ratio which in turn, worsens financial soundness of a company. Hence, exporting companies have their interest in forfaiting that enables book-off in order to decrease the borrowing. Along with the execution of URF 800 at ICC and increasing the interest of exporting companies into forfaiting, foreign exchange banks in Korea expand the development of products related to forfaiting. Upon surveying all these national banks of this matter, this paper identified an appropriate solution for the forfaiting practice.

• Korea Trade Review
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• v.47 no.2
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• pp.69-88
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• 2022

This paper aims to predict Busan's regional product and employment using the logistic regression models and machine learning models. The following are the main findings of the empirical analysis. First, the OLS regression model shows that the main industries such as electricity and electronics, machine and transport, and finance and insurance affect the Busan's income positively. Second, the binomial logistic regression models show that the Busan's strategic industries such as the future transport machinery, life-care, and smart marine industries contribute on the Busan's income in large order. Third, the multinomial logistic regression models show that the Korea's main industries such as the precise machinery, transport equipment, and machinery influence the Busan's economy positively. And Korea's exports and the depreciation can affect Busan's economy more positively at the higher employment level. Fourth, the voting ensemble model show the higher predictive power than artificial neural network model and support vector machine models. Furthermore, the gradient boosting model and the random forest show the higher predictive power than the voting model in large order.

• International Commerce and Information Review
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• v.14 no.4
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• pp.297-315
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• 2012

In this paper, we explore the effects of export insurance on the Korea's export by using the gravity model with the data of 112 countries that Korea exports on years of 2005 and 2009. For this model, we used the Korea export as a dependent variables and real GDP, distance between the two nations, export insurance, country credit rating of the Korea's counterpart countries and FTA were used as an independent variables. The results show that the underwriting performance of the export insurance and the sovereign credit rating of the export counterpart countries have the positive impact on Korea's export. Also, the impact of the export insurance is more increasing to the Korea exportation but the importance of the economy size of the export counterpart countries decreased after 2008 global financial crisis. Particularly, the influence to the export by the sovereign credit rating has diminished in that period and this seems to be due to the export insurance has increased. These results imply that the export insurance plays an important role to promote the Korea's exportation since 2008 global recession. Especially, if the recession continues, then there will be more crippling impact to the small-mid size companies rather than large size companies. Therefore, Korea government should do their best to continuously expand the export insurance for the purpose of increasing Korea exportation, expecially to the small-mid size companies.

• International Commerce and Information Review
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• v.18 no.2
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• pp.3-26
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• 2016

Crowdfunding is growing up SNS spread, raising funds from numerous people which are offering necessary funding of private and enterprise using the internet-based platforms. The function of crowdfunding uses innovative financing in being business and start-ups having difficulty in financing. Crowdfunding in our domestic is concentrated on culture and arts in the early adoption phase, and is numerous projects with public features. However, the investment case of crowdfundig in e-commerce trade start-ups is rarely in spite of a increased attention for crowdfunding.. The purpose of this study examined the factors to be considered when using successfully crowdfunding on e-commerce trade start-ups. This study is understanding the legal and policy of crowdfunding market status and other countries, and suggests the activation of the direction of government policy, legal system, and participation of financing suppliers and investors as activating the law and policy system related the crowdfunding on a domestic in terms of e-commerce trade start-ups investment.