• 무역상무연구
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• 제42권
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• pp.133-160
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• 2009

In International trade the buyer and seller are normally separated from on another not only by distance but also by differences in language and culture. It is rarely possible for the performance of obligations to be simultaneous and the performance of contracts therefore calls for trust in a situation in which the parties are unlikely to feel able to trust each other unless they have a longstanding and successful relationship. Thus the seller under an international contract of sale will not wish to surrender documents of title to goods to the buyer until he has at least an assurance of payment, and no buyer will wish to pay for goods until he has received them. A gap of distrust thus exists which is often bridged by the undertaking of an intermediary known and trusted by both parties who will undertake on his own liability to pay the seller the contract price in return for the documents of title and then pass the documents to the buyer in return for the reimbursement. This is a common explanation of the theory behind the documentary letter of credit in which the undertaking of a bank of international repute serves as a "guarantee" to each party that the other will perform his obligations. The independence principle, also referred to as the "autonomy principle", is at the core of letter of credit or bank guarantee law. This principle provides that the letter of credit or bank guarantee is independent of the underlying contractual commitment - that is, the transaction that the credit is intented to secure - between the applicant and the beneficiary ; the credit is also independent of the relationship between the bank and its customer, the applicant. The most important exception to the independence principle is the doctrine of fraud in the transaction. A strict interpretation of the rule that the guarantee is independent of the underlying transaction would lead to the conclusion that neither fraud nor manifest abuse of rights by the beneficiary would constitute an objection to payment. There is one major problem related to "Independent guarantees", namely abusive or unfair callings. The beneficiary may make an unfair calling under the guarantee. The countermeasure of beneficiary's unfair calling divided three cases. First, advance countermeasure namely by contract. In other words, when the formation of the contract, the parties must insert the Force Majeure Clause, Arbitration Clause to Contract, and clear statement to the condition for demand calling. Second, post countermeasure namely by court. Many countries, including the United States, authorize the courts to grant an order enjoining the issuer from paying or enjoining the beneficiary from receiving payment under the guaranty letter. Third, Export Insurance. For example, the Export Credit Guarantees Department is prepared, subject to certain conditions, to cover the risk of unfair calling. Of course, KEIC in Korea is cover the risk of the all things for guarantees. On international projects, contractor performance is usually guaranteed by either a standby letters of credit or Independent guarantee. These instruments will be care the parties.

• 대한교통학회지
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• 제26권5호
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• pp.143-152
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• 2008

국내 화물자동차운송시장은 급격한 정책 변화에 따른 차량수급 불균형, 불법 다단계 불공정 거래구조, 화물자동차 운전자의 근로여건 악화, 관련 통계의 부족과 같은 다양한 문제를 안고 있다. 그동안 정부는 이러한 문제들을 해결하기 위해 다양한 정책적 노력을 기울여 왔다. 그러나 문제 해결을 위해 제시된 각종 정책들로 인한 왜곡된 반응들은 또 다른 문제를 야기하여 문제점들과 이를 시정하려는 시행정책들 간의 관계들이 점차 더욱 복잡하게 얽혀가고 있다. 이런 복잡한 구조는 국내 화물자동차운송시장 문제의 규정과 해결을 더욱 힘들게 하고 있다. 본 연구에서는 복잡하게 얽혀있는 국내 화물자동차운수시장의 구조를 가시화하기 위해 복잡한 인과관계를 한눈에 파악할 수 있도록 도와주는 도식화 기법인 인과관계맵을 활용하였다. 본 연구가 불법 다단계 불공정거래구조 등 현재 국내 화물자동차운수시장이 안고있는 복잡한 문제를 개선시키기 위한 정책수립에 기여하길 기대한다.

• 융합경영연구
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• 제5권3호
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• pp.12-20
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• 2017

The study examined effects of psychological change of distribution environment upon commercial areas to investigate consumers' experience and theory and to suggest power of new management strategy for growth of retailers A The study investigated actual conditions of business transaction of hyper market by blind interview. In April, 2016, the author visited 6 manufacturers to do depth interview. The questionnaire between food manufacturers and hyper market investigated the Association of Food Industries in Korea, NH Nonghyup and large manufacturers in July 2012. Questionnaires of 25 companies were used after excluding questionnaire having poor and inadequate answers. The sales commission with large scaled distribution business decreased (0.3 ~ 0.7) to increase additional expenses such as number of salesmen, interior expenses and economic costs (0.7 ~ 40%). (source: Fair Trade Commission). Fair Trade Commission released types and notice of unfair trade of large scaled retail business based on monopoly regulation and fair trade (hereinafter called 'notice of large scaled retail) to prevent large scaled distribution business from doing unfair trade. The notice controled unfair trade at different position between large scaled distribution business and small vendors.

• 한국유통학회지:유통연구
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• 제15권5호
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• pp.103-126
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• 2010

본 논문은 유통시스템의 변화와 정책적 조응이라는 관점에서 유통경쟁정책을 검토하고 있다. 일찍부터 유통정책을 체계적으로 정리하고 연구해 온 일본의 유통경쟁정책을 한국의 경우와 비교하여 차이점과 시사점을 도출하고자 했다. 이를 위해 전통적 유통시스템기, 대규모소매체인 등장이후(제1차, 제2차 재편기)로 구분하여 유통시스템의 변화과정과 각 시기에 대응한 경쟁정책, 특히 불공정거래행위 금지조치에 초점을 두었다. 한 일간 서로 흡사한 측면도 많지만 그 내용에는 상당한 차이가 존재한다. 일본의 경우, 대규모소매점 등장 이전부터 도 소매업의 분리와 독과점메이커에 의한 계열화가 진전되어 왔고, 유력 도매상은 메이커가 제시하는 가격으로 일정지역의 유통을 전담하였다. 대규모소매체인이 등장하여 점포수의 급증에도 불구하고 도매상의 이 역할은 일정기간 동안 유지될 수 있었다. 1차 재편기(1960-80년대 중반) 동안 메이커가 제시한 가격을 대형소매점이 수용했다는 점에서 제조업주도형 유통시스템은 대규모소매체인에 의한 유통시스템보다 우세했다. 그러나 대규모소매 규제 및 중소상업 진흥의 정책기조가 완화되고 정보기술이 유통과정에 유입됨으로써 대규모소매점의 체인본부가 특약도매상을 대체해 가는 2차 재편기에는 재판가유지가 무력해지는 대신 오픈가격제가 확대되고 대규모소매체인 주도의 유통시스템이 우세해졌다. 이 과정에서 불공정거래행위에 대한 조치도 주로 메이커를 겨냥했던 데서 대규모소매체인에게로 이동하게 되었다. 한국경제는 산업화가 진행하는 동안에도 유통부문의 전근대성이 충분히 해소되지 못한 채 1970년대 중반 이후 독과점시장구조로 재편되었다. 이러한 이유에서 도매상은 일본에서와 같은 역할을 수행하지 못하고 독과점메이커에 의한 제조업주도형 유통시스템에 거의 일방적으로 편입되었다. 1990년경 대규모소매체인의 폭발적인 출현과 병행하여 정보기술이 전격 도입됨으로써 체인본부의 역할이 급부상하게 되었는데, 이로 인해 대규모소매체인 유통시스템이 급격히 확대될 수 있었고, 2000년대 중반 이후에는 대규모소매체인 주도의 새로운 유통시스템이 우세를 확보하는 제2차 재편기로 접어들게 되었다. 유통시스템의 변화는 일본에 비해 매우 빠른 속도로 전개되었고, 불공정거래행위에 대한 정책적 조치도 이러한 추세를 반영하고 있다. 이상의 논의를 바탕으로 정책적 시사점을 정리해 보면, 대규모소매점의 개념이 단점경영을 기준으로 했던 데서 체인경영으로 이동시킬 필요성, 면적 및 매출액 기준의 타당성 검토, 대규모소매점 개설시 허가제 내지 사전심사제로의 전환, 공정거래위원회의 독립성 확보의 필요성, 위반유형의 지속적인 발굴 노력 및 환경변화에 대응할 수 있는 심사지침 마련, 그리고 행위주체별 통계의 유지와 정책효과를 판단할 수 있는 조사실시 등이다.

• 대한가정학회지
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• 제36권5호
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• pp.89-106
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• 1998

Standard contsacts are drafted by one side only and therefore naturally favour that party. The other party must either adhere to those terms or abandon the transaction entirely. Accordingly the terms in these contracts tend to by quite harsh, especially so in consumer transactions. The objectives of this study are to examine the degree of consumer knowledge practical use, experience of consumer problems on service contract terms and to investigate the factors which influence on the degree of experience of consumer problems related the contract terms. The data used in this empirical study included 685 consumers experienced transactions with the terms in the last two years in Seoul. Statistics used for data analysis ere Reliability, Frequencies, Means, Standard Deviation and Multiple Regression Analysis. The conclusions can be summarized as follows. 1) Actually, consumers experienced many problems related the service-contract terms, despite regulation of unfair contract terms. 2) The level of education and purchasing experience variables have affected positively to the level of consumer problem experiences related the contract terms. 3) The effect of trend and characteristics of contract terms are variables with the type of contract terms. Therefore the regulation of the contract terms have to by differently enforced according to the type of contract terms.

• 무역상무연구
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• 제42권
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• pp.337-364
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• 2009

Trade remedy is the system that additional duty or import quantity restriction would be imposed on the import products, in case that unfair imports damage domestic industry or even proper import products damage significantly domestic industry. The system is secured by the act of unfair trade practice investigation & industrial damage remedy, tariff act, WTO agreement. Anti-dumping duty act is the system that duties are assessed with the equal or less amount of the difference between normal transaction price and dumping price, in case that the product imported under dumping price causes or may cause damages in domestic industry, or the development of domestic industry should be delayed practically. Recently, the problems related with anti-dumping duty imposed as the part of the trade remedy occur frequently. It is necessary to discuss whether the anti-dumping duty act is practically trade remedy which does comply with GATT regulations and WTO agreements as the criteria of international law and is in line with the intent of domestic act in the suffered country, or it does return to protective trade or reduce the protection of consumer. On the basis of this discussion, it would be difficult to impose the antidumping duty on industrial products in order to protect domestic industry, when considering the expected free trade agreements of Korea-US, Korea-China and Korea-Japan. In order to survive under the current severe competition of world trade market, companies should raise the competitiveness by themselves without relying on the current trade acts to provide with a certain protection. This thesis should bring those attentions.

• 대한교통학회:학술대회논문집
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• 대한교통학회 2007년도 제57회 학술발표회논문집
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• pp.210-218
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• 2007

Road freight transport industry in Korea contains many and complicate problems such as over supply of the vehicle caused by rapid policy changes, illegal multilevel transactions, poor truck drivers working environment, lack of road freight transport related statistics and so on. Korean government has developed various logistics industrial policy trying to solve these problems in various ways. However, the relationship among the problems and action plans has been more and more entangled since the part of suggested policies have made another perverted problems. These complex structure of the toad freight transport industry in Korea makes difficult to identify and to solve the problems. Causal map method helps to give a clean picture to understand the complex industry at a glance. This study contributes for visualization of the causal relationships among the existing problems and related policy issues in the road freight transport industry in Korea by causal map. This study could be helpful to develop the actual road freight transport industrial policies including the illogical multilevel and unfair transaction in Korea.

• 통상정보연구
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• 제10권1호
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• pp.315-327
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• 2008

According to the Bank Profitabilities Statistics of OECD members, Our domestic banks applying commissions for both exchange and selling/buying foreign currencies are evaluated as much higher than those of other countries banks. The theory indicates an analysis results and comparison in between banks over the world. Our domestic bank assert that, in general, the aggregated banking commission income is lower than those of other countries by comparing in the field of non-interests profits. Viewing by another analysis in details, some commission rate applying to domestic services are far below than cost basis, but other commission rate applying to foreign currency transaction services is abnormally higher. Such unfair rate should be lowered to the similar level to other banks in the world and also the actual cost should be reasonably reevaluated in the reasonable manner. One more thing, The writer suggest that domestic banks should spend efforts to increase their income by improving and diversifying with the various type of new commissions applied to domestic market, such as multi-functional financial services, expanding ATM services, electronic settling technique etc under today's rapidly changing and opening world financial market.

• 한국프랜차이즈경영연구
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• 제12권2호
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• pp.35-49
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• 2021

Purpose: The major objective of this study is to develop a model for the impact of franchisors' Gapjil (verbal·nonverbal Gapjil, abusing bargaining position, refusing transaction, false or exaggerated information, restrictive practices, unfair damage compensation) on franchisee's recontract intention. We also examine the mediating role of economic satisfaction and social satisfaction in the relationship between franchisors' Gapjil and franchisee's contract intention. Research design, data, and methodology: Data were collected from franchisee owners located nationwide in Korea. Out of 256 questionaires distributed, a total of 256 questionnaires were returned. After excluding 10 invalid respondent questionnaires, we coded and analyzed 246 valid questionnaires (effective response rate of 96.09%) using frequency, confirmatory factor analysis, correlations analysis, and structural equation modeling with SPSS 22.O and SmartPLS 3.0. Results: The findings of this study are summarized as follows: First, among the Gapjil of the franchisors, restrictive practices and unfair damage compensation had negative effects on economic and social satisfaction, but verbal and nonverbal Gapjil for economic and social satisfaction was not significant. Second, abusing bargaining positions and false or exaggerated information had negative effects on social satisfaction, but for economic satisfaction, found to be insignificant. Third, economic and social satisfaction had positive effects on the franchisee's recontract intention to the franchisor. Conclusion: The following implications of this study are as follows. First, the construct of Gapjil that occurs between the franchisors and the franchisees was first presented, and the franchisors' Gapjil is divided into interpersonal Gapjil and structural Gapjil. Second, the Gapjil of the franchisors can be an important predictor variable in maintaining and developing a long-term relationship between the franchisors and the franchisees. Third, solving conflict due to the Gapjil problem between franchisors and franchisees can be an important factor for franchisors and franchisees to co-survive and thrive in Korean franchise system. Fourth, this study suggest that managing the Gapjil of the franchisors was a important antecedent factor in maintaining long-term relationship between the franchisors and the franchisees. Therefore, this study will help franchisors formulate effective symbiotic marketing strategies to satisfy relationships with franchisees and consequently enhance long-term orientation.

• 복식문화연구
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• 제7권6호
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• pp.41-53
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• 1999

Fashion marketing channels experience conflicts inevitably because of constant interaction among fabric producers, apparel manufacturers, contractors, and retailers. However, it is rarely that attempts has been made to identify causes of conflicts in distribution channel of fashion industry. The purpose of this study was to explore causes of conflicts from the standpoint of a contractor. For this study, data were collected from the owner or the manager represented with a contractor in fashion maketing channels. By means of in-depth interviews with multiple informants, their statement was analyzed qualitatively. From analysis of the resulting data, the causes of conflict were associated with two broad sets, attitudinal and structural differences between apparel manufacturers and contractors. First, attitudinal sources of conflict were identified as perception of subordinated relationships between channel members, delayed announcement on order changes, difficulties in communication by using different terms, different expectations between channel members in controlling product quality, and lack of credit in inspecting products. Second, structural sources of conflict involved unilateral decision on wages for contracting, lengthy payment period derived from a bill of credit, deficient autonomy in selecting auxiliary suppliers, unreasonable issues on lead time, and unfair transaction in selecting a contractor or inspecting finished products. There are limitations on generalization due to the results based on interviews, but this study will be a useful exploratory step before designing a large scale survey.