• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.40
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• pp.3-30
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• 2008

This article attempts to describe and analyze the rules on the buyer's remedies for lack of conformity under PELS. It shows that such remedies under the PELS operate in a two-tier remedial scheme which is alien to both domestic and international legal systems. That is, repair and replacement take the position of primary remedy, whereas termination, price reduction and damages are secondary remedies which are available only where the primary remedies cannot be invoked. Notwithstanding its superiority, the PELS have some drawbacks in several aspects. First, the PELS seems to place its focus on the factor of cost except the other factors, for instance, the significance of the lack of conformity, when one decides whether the first tier remedies cause the seller unreasonable effort or expense. It is argued that the factors can be considered by referring to art. 1:302 PECL. Second, the PELS does not expressively provide any exclusion of the seller's right to choose between repair or replacement on the basis of unreasonable uncertainty in reimbursing the expenses advanced by the buyer. It argues that if there is such uncertainty, it should be regarded as causing the buyer an unreasonable inconvenience under art. 4:204(1). Third, the PELS does not seem to properly reflect the consumer's interests in that most consumers prefer to have the absolute right of termination as against the commercial sellers who have a relatively stronger bargaining position. The reasons for that is that there is a big hurdle, i.e., a hierarchy of remedies, to be overcome by the consumer to battle with the commercial seller, and that unavoidable vagueness in defining a minor lack of conformity has been often used against the consumer, but in favour of the commercial seller with a strong bargaining position.

• Journal of Distribution Science
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• v.14 no.10
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• pp.47-57
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• 2016

Purpose - This study's purpose is to investigate the market structure of the Korean duty free shop industry that has received recent attention from researchers and practitioners. By raising the question of whether or not the Korean duty free shop industry is unequivocally monopolistic, a wider viewpoint is provided. The study seeks to offer insights and managerial implications for marketers and policy makers who are in charge of regulating major Korean duty free shops. Research design, data, and methodology - The authors use secondary data from various sources, including Korea Customs Service and the Moodie Report, to investigate the structure of the duty free shop industry of Korea. Based on several theories, they present various criteria and statistical evidence such as K-firm concentration ratio, HHI, consumer substitutability, excess profit, and marketing costs. Results - In terms of consumer substitutability, it is difficult to confirm whether or not the Korean duty free shop industry is monopolistic. Notwithstanding monopoly characteristics in terms of market share, neither the company Lotte nor Shilla appear to have market dominating power. It is not easy for either of them to control prices or to achieve a much lower operational profit ratio due to a dominant bargaining power. Moreover, the license is not an economic rent. In this situation, it is not easy for these companies to obtain an excessive profit. Conclusions - Considering that most global duty free shops are trying to go upscale to improve bargaining power, it does not seem likely that rigid regulations are needed in the industry. Even though the Korean duty free industry ostensibly has a monopolistic structure, government and policy-makers should look beyond the surface. They should take global and other reasonable criteria into consideration when they establish or change regulation policies. Thorough understanding and appropriate support are needed for the Korean duty free shop industry. Additionally, duty free shops should position themselves as global companies struggling against unlimited international competition, rather than Korean domestic companies. At the same time, they need to give customers appropriate information about the benefits they provide.

• Korean journal of communication and information
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• v.46
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• pp.212-244
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• 2009

This study examined the effects of cultural factors and demographic factors on the perceived appropriateness and likelihood of using five categories of inappropriate negotiation strategies. Five categories of inappropriate negotiation strategies consist of traditional competitive bargaining, attacking opponent's network, false promises, misrepresentation of information and inappropriate information gathering. Two kinds of cultural variables, Hofstede's cultural dimensions and 'Chemyon' dimensions were used as universal, etic variables versus indigenous, emic variables. Survey result shows age and gender had significant effects only for traditional competitive bargaining, but gender and personal negotiation style did not have any effects for the inappropriate strategies. Hofstede's dimensions as well as Chemyon dimensions had significant effect for perceived inappropriateness and likelihood of using inappropriate strategies. While both Chemyon and Hofstede's dimensions were significant, Chemyon accounted for more variance than Hofstede dimensions in most cases. This suggests Chemyon's vital role in explaining Korean negotiators' perception and attitude towards inappropriate negotiation strategies. Implications of the results and future research are discussed.

• Journal of Korea Port Economic Association
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• v.36 no.4
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• pp.75-92
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• 2020

Currently, shipping and port industries are mainly concerned with securing a competitive advantage through scale expansion. Reflecting this trend, domestic ports and container terminals also emphasize efficiency through dock integration. This study identified factors that facilitate cooperation between container terminal operators, as the smallest unit of port operation, and analyzed their effects. These factors included sharing of resources, clarity of purpose, mutual trust, and influence of government policies. In addition, factors related to effectiveness included operational effectiveness of the terminal, improved service to shippers and shipping companies, and bargaining power with the government. The empirical analysis revealed that, among the factors that facilitate cooperation, sharing and purpose affected operational effectiveness, while sharing of resources affected service improvement of shippers and shipping companies. Finally, policy factors affected port bargaining power.

• 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.

• Korean Association of Arts Management
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• no.60
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• pp.37-68
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• 2021

The purpose of this study is to understand the attractiveness of the vinyl record industry and derive implications by analyzing the structure of the industry. A few previous studies pay attention to the rapidly increasing demand for vinyl records, especially from a consumer point of view, and unlike the analysis of the consumption and vinyl record industry, this study focuses on the subjects of production and distribution of vinyl records. This paper collects data through in-depth interviews with experts in the vinyl record industry and various secondary data, which is analyzed by Porter(1980/2008)'s Five Forces Model. According to the analysis, the attractiveness of the vinyl record industry is positive in terms of the appropriate competitive strength in the industry and weak bargaining power of buyers, but negative in terms of the strong bargaining power of new entrants and substitutes. The outcome of this research has significance as basic data implying that companies that are trying to enter the vinyl record industry need to make strategic decisions.

• Korean small business review
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• v.41 no.3
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• pp.95-106
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• 2019

The Economic Gab-Jil, where the stronger are forcing the weaker to sacrifice, is not only a serious social problem, but also it exhausts the vitality of the national economy. Especially, the issue of 'cost reduction (CR) of delivery price' in automobile industry, and the issue of 'tolls' and 'retaliating' in the franchise business are becoming more controversial. This paper suggests some measures to rectify the problems by an analysis using a game-theoretic model. One of the ways to change the 'bad equilibrium', where economic Gab-Jil is prevalent, to the 'good equiblium' is to strengthen the bargaining power of the weak by legal and institutional measures. It is also a more market-friendly system that is self-enforcing, where the regulation is automatically enforced by the incentives of the participants, without relying solely on the enforcement power of regulatory or supervisory bodies

• Information Systems Review
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• v.23 no.1
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• pp.115-134
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• 2021

Recently, the amount of money that foreigners buy from online shopping sites in Korea has been increasing, especially by Chinese consumers. In this study, we researched the effects of Chinese consumers' reviews, inquiries, and bargains on loyalty, and how these effects differ by gender so that Korean online sellers can take advantage of these opportunities. In order to verify the research model, a survey was conducted on Chinese consumers with online purchasing experience and 231 valid samples were collected and analyzed. As results, reviews, inquiries, and bargaining had the positive impacts on the loyalty of Chinese consumers. The impact of reviews on loyalty was higher in women, and the impact of inquiries and bargains on loyalty was higher in men. This study can help Korean online sellers effectively respond to Chinese consumers' reviews, inquiries, and bargains needs. This study, also, can help they understand and deal with the difference between the effect on reviews to women and the effect of inquiries and bargaining to men.

• IEIE Transactions on Smart Processing and Computing
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• v.1 no.1
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• pp.50-64
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• 2012

Quality of Service (QoS) and fairness considerations are undoubtedly essential parameters that need to be considered in the design of next generation scheduling algorithms. This work presents a novel game theoretic cross-layer design that offers optimal allocation of wireless resources to heterogeneous services in Orthogonal Frequency Division Multiple Access (OFDMA) networks. The method is based on the Axioms of the Symmetric Nash Bargaining Solution (S-NBS) concept used in cooperative game theory that provides Pareto optimality and symmetrically fair resource distribution. The proposed strategies are determined via convex optimization based on a new solution methodology and by the transformation of the subcarrier indexes by means of time-sharing. Simulation comparisons to relevant schemes in the literature show that the proposed design can be successfully employed to typify ideal resource allocation for next-generation broadband wireless systems by providing enhanced performance in terms of queuing delay, fairness provisions, QoS support, and power consumption, as well as a comparable total throughput.

• Journal of Navigation and Port Research
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• v.35 no.7
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• pp.581-588
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• 2011

Globalization of production, changing technology in ocean shipping sector, shifting bargaining power from port service provider to port users, changing distribution patterns of the containerization and new implementation for the environment and safety concerns introduced new ways of administration in port sector. In these days, port industries cannot survive alone. Port operation and management has to be proactive to cooperate and integrate with other port operators or other industries. In the 21st century, cooperation in maritime sector is more common than that in the past with several different reasons in a mixture of forms of cooperation. Cooperation among port authorities, port operators, shipping line, inland transport service providers and/or related organizations themselves becomes to exist to overcome the challenges and development of the global transport chain. This paper investigates the concept of port cooperation and the case analysis of the cooperation in the port industry.