• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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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.

• Journal of Korean Society of Transportation
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• v.26 no.5
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• pp.143-152
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• 2008

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 fiance. 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.

• The Journal of Economics, Marketing and Management
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• v.5 no.3
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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.

• Journal of Distribution Research
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• v.15 no.5
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• pp.103-126
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• 2010

The development of an industry including distribution sector is influenced by not only government policy but the related firms' behaviors. Recently the large-scale retailers have had more enormous channel power than any other distributors including monopolistic makers. Now is the time for government to prepare some policies against the unfair transaction behaviors by large-scale retailers. In this paper I tried to inquire into the distribution competition policy from a political correspondent point of view related with the transition of distribution system. For the purpose of this article I compared the case of Korea with Japan. According to the results so far inquired, there are some commons and differences in the cases of the two. Some suggestions are as follows. Considering the predominant position the concept of large-scale retailers is to be extended from a single store to numerous chain stores in the political level. Government needs to examine the standard propriety for large-scale retailer; the size of selling area and amount of sales a year. When a large-scale retailer store is to be established, it need to be taken a permit or a pre-inspection. The Fair Trade Commission have to secure the neutrality from Government's strategies. And government should find out the examples of unfair transaction behavior types and prepare some proper guidelines continually. For the last time statistical data by distributors are to be fitted out and the actual investigations for estimating the effects of government policies need to be enforced.

• Journal of the Korean Home Economics Association
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• v.36 no.5
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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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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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.

• Proceedings of the KOR-KST Conference
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• 2007.11a
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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.

• International Commerce and Information Review
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• v.10 no.1
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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.

• The Korean Journal of Franchise Management
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• v.12 no.2
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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.

• The Research Journal of the Costume Culture
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• v.7 no.6
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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.