• Title/Summary/Keyword: beneficiary

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A Study on Payment Finality and Usefulness in the Electronic Payment System -Based on U.C.C. 4A- (국제전자자금이체시스템에서 지급의 최종성과 유용성에 관한 고찰(미국의 전자금융제도를 중심으로))

  • Lee, Byeong-Ryul
    • International Commerce and Information Review
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    • v.12 no.3
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    • pp.35-53
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    • 2010
  • In connection with a non-cash payment through the banking system, "finality of payment" has acquired diverse meanings. In according to Section 4A-209(2), the acceptance by the beneficiary's bank by means of receiving payment "pursuant to section 4A-403(a)(1) or 4A-403(a)(2)," constitutes final settlement through a Federal Reserve Bank or through a funds-transfer system" or credit to the account of the beneficiary's bank. Above of all, Acceptance by beneficiary's bank is the most important. According to 4A-209(b), the beneficiary's bank can accept a payment order in one of four ways : First, by paying the beneficiary; obligating itself to pay the beneficiary or, Second, by notifying the beneficiary of receipt of the order or notifying the beneficiary that its account was credited or, Thirdly, by receiving full payment from the sender's order or Lastly, by passage of time, i.e., the opening of the next funds transfer business day of the bank following the payment date of the order. A beneficiary's bank is considered to have accepted a payment order when the earliest of the four means of acceptance occurs.

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the Association between the Single-Person Household & Beneficiary of National Basic Livelihood and Recommendation to Refrain Drinking Alcohol, Counseling for Drinking Problems (독거가구 및 기초생활수급 여부와 절주권고, 음주문제 상담 간의 연관성 분석)

  • Jeong-Min, Yang;Ha-Eeun, Kim;Jae-Hyun, Kim
    • Korea Journal of Hospital Management
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    • v.27 no.4
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    • pp.13-21
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    • 2022
  • Purpose: The purpose of this study was to analyze the association between single-person households & Beneficiary of National Basic Livelihood and recommendation on alcohol consumption, and counseling on drinking problems for adults 19 years of age or older. Methods: In this study, excluding missing values, the association between the single-person household & Beneficiary of National Basic Livelihood and recommendation to refrain drinking alcohol, counseling for drinking problems was analyzed by using the chi-squre test and logistic regression analysis. Results: In the case of non-single person households, compared to single-person households, the recommendation rate to refrain drinking alcohol was 1.519 OR (Odds Ratio [OR]: 1.159 , p-value <.0001). meanwhile, in the case of Beneficiary of National Basic Livelihood, the recommendation rate to refrain alcohol consumption was higher by 1.414 OR (OR: 1.414, p-value: 0.011), and the drinking problem counseling rate was also higher by 2.257 OR (OR: 2.257, p-value: 0.026) compared to non-beneficiary group. Discussion & Conclusion: Based on the 2016-2019 National Health and Nutrition Survey, this study investigated the associaiton between single households & Beneficiary of National Basic Livelihood and recommendations to refrain alcohol, and counseling on drinking problems. Compared to the Beneficiary of National Basic Livelihood group, single-person household group has recently been classified as a socially vulnerable group, but it is not applicable in the policy category. If policy and institutional measures for treatment are provided, it is expected that the problem of alcohol abuse can be reduced.

A Study on the Inherent Defects in the eUCP Article 11 & Implication for the Revision (eUCP 11조의 잠재적 하자의 규명과 합리적 개정방안의 모색)

  • Kim, Ki-Sun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.35
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    • pp.41-69
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    • 2007
  • This study analyzes some important implications for the forthcoming revision of eUCP through the methodology of expected utility maximization theory. The overall results are as follows. First, beneficiary with an initial wealth has a risk-averse utility in traditional letter of credit transaction, and he would be more risk-averse in eUCP transaction. Secondly, the beneficiary who has risk-averse utility will pay for the risk premium to reduce the risk of corruption of an electronic record by means of cost of loss reduction activities. Thirdly, the cost of loss reduction activities is represented by a convex cost function, Fourthly, a risk averse beneficiary pursues loss reducing activities to the point where the expected marginal product of loss reduction is less than its marginal cost. Fifthly, a more risk-averse eUCP beneficiary will always select a higher level of loss reduction as long as the effectiveness of loss reduction is certain. Sixthly, when the effectiveness of loss reduction is uncertain, the more risk-averse eUCP beneficiary does not necessarily choose a higher level of loss reducing activities. Finally, it would be more reasonable that eUCP Article 11 should protect eUCP beneficiary who pursues a higher level of loss reducing activities.

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A Study on Reimbursement Mechanism and the use for Exporters

  • Han, Ki-Moon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.48
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    • pp.3-23
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    • 2010
  • In letter of credit arrangements, the issuing bank nominate a reimbursing bank which serves as a source of funds payment to the beneficiary. The reimbursing bank could be 3rd party bank or the issuing bank itself. In view of working capital requirements, most beneficiary want to get export proceeds in advance through nominated banks and therefore letter of credit usually permit the beneficiary to negotiate drafts, accompanied by required documents, to nominated bank. If the credit is available with the nominated bank, there must be a reimbursement instruction in the credit, because in this method of availability the issuing bank is obliged to reimburse the nominated bank if that bank acts on its nomination There are legal relationship among issuing bank, nominated bank and reimbursing bank with regard to reimbursement activities. Related rules are UCP and URR and UCC (in case of USA). Korean exporters and bankers do not appear to know well the role of reimbursement and usage. 3 cases (court case + ICC Opinion + bad practices) were employed to study the reimbursement mechanism and suggest better usages. The beneficiary is strongly recommended to know the benefit of reimbursement claim from independent reimbursing bank. The benefits include speed payment (thereby saving finance costs) and safe funds (in case of stop payment by the issuing bank right after the proceeds are reimbursed). And further the beneficiary banks (being nominated or claim banks) are also recommended to take advantage of the 3rd party reimbursement in view of the cases illustrated.

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The Effect of integrated health and welfare services on the control of medical use and medical expenses in Korean Veteran's Hospitals (보훈병원 통합의료복지서비스가 의료이용과 의료비 절감에 미치는 효과 분석)

  • Koo, Gilhwan;Dong, Jaeyong;Lee, Kyeonghwa;Seo, Youngjoon
    • Korea Journal of Hospital Management
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    • v.26 no.2
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    • pp.1-16
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    • 2021
  • This study aims to examine the effect of integrated health and welfare(IHW) services on medical use and medical expenses in Korean Veteran Hospitals. Data on the volume of medical use and medical expenses were collected from two patient groups of 5 Veterans' Hospitals: the beneficiary group who has received IHW services and the non-beneficiary group who has not. Each group was composed of 265 patients respectively. The results of the study revealed that the volume of home nursing services, home rehabilitation services, ambulatory services have increased significantly, whereas the average length of stay, number of using emergency services, and average medical expenses have decreased after receiving integrated health services in the beneficiary group. In contrast, the non-beneficiary group showed much more increase both in the volume of inpatient and outpatient services, as well as the average medical expenses, compared to those of the beneficiary group. This results imply that the provision of IHW services have positive impacts on the enhancing the effectiveness of the medical resources utilization for the veteran patients.

Ecosystem Service Assessment of Urban Forest for Water Supply and Climate Mitigation of Seoul Metropolitan Area (환경공간정보를 이용한 수도권의 수자원 공급과 기후완화 기능을 위한 도시림의 생태계서비스 평가)

  • Lee, Soo Jeong;Yoo, Somin;Ham, Boyoung;Lim, Chul-Hee;Song, Cholho;Kim, Moonil;Kim, Sea Jin;Lee, Woo-Kyun
    • Korean Journal of Remote Sensing
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    • v.33 no.6_2
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    • pp.1119-1137
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    • 2017
  • This study assessed the water provisioning and climate mitigation ecosystem services of the urban forest in Seoul and Gyeonggi-do. The ecosystem service assessment is conducted based on natural function, natural function and population, and natural function and the beneficiary of the ecosystem service. Then, the impact of climate change on ecosystem services is analyzed to figure out the sensitivity of the impact on the beneficiary when the natural function of forest destroys under climate change. Gyeonggi-do has higher function-based water provisioning ecosystem service than Seoul. And population-based water provisioning ecosystem service appears to be higher in the densely populated area. On the other hand, beneficiary-based water provisioning ecosystem service by applying both natural water supply function and beneficiary distribution appears different with the result of population-based water provisioning service assessment. In other words, regions with high beneficiary population show higher ecosystem service than those with a low beneficiary population even though they have the same water storage function. In addition, climate change has a negative impact on the water provisioning ecosystem service. Under climate change, water provisioning service is expected to decrease by 26%. For climate mitigation service, regions close to the forest seem to have a low temperature, which indicates their high climate mitigation service. The center of the city with high beneficiary population shows high beneficiary-based ecosystem service. The climate change impacts the forest growth to decrease which affect the beneficiary-based climate mitigation ecosystem service to decrease by 33%. From this study, we conclude that beneficiary-based function and ecosystem service assessment is needed as well as the supply-based classification of forest function suggested by Korea Forest Service. In addition, we suggest that not only supply-based function classification and ecosystem service assessment but also beneficiary-based function classification and ecosystem service assessment is needed for managing the urban forest, which has been destroyed by climate change. This will contribute to revaluing cases where a forest with low natural function but high beneficiary-based ecosystem service, which is not considered under the current forest function-based assessment system. Moreover, this could assist in developing a suitable management plan for the urban forest.

Interpretation of 3rd Party's Fraud Exception Rule Under Law of Letters of Credit (신용장거래에 있어서 제3자 사기에 관한 해석)

  • Han, Ki-Moon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.36
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    • pp.29-46
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    • 2007
  • The fraud exception rule allows for the issuing bank to dishonor the claim if it the documents and transactions bear fraud though the documents presented are complied with the terms and conditions of the letter of credit. A question arises whether the fraud exception rule can apply to innocent beneficiary when fraud is made by 3rd party. United City Merchants v. Royal Bank of Canada showed a good example how to handle in case of innocent beneficiary. At this case House of Lord found that innocent beneficiary deserves payment applying nullity exception rule. I believe that the nullity exception rule is employed for the benefit of innocent beneficiary as far as the issuer and applicant get no actual damage by the 3rd party's fraudulent action which is shown on documents.

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A Study on Acceptance of Payment Order and UCC 4A in the United States (전자자금이체에서의 지급지시의 승낙에 관한 연구)

  • Lee, Byeong-Ryul
    • International Commerce and Information Review
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    • v.9 no.2
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    • pp.123-140
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    • 2007
  • This paper wants to suggest some issues on the acceptance of payment order in Electronic Funds Transfer of USA. The result can be summarized as fellows; First, originator's bank accepts a payment order when it executes the order. Secondly, beneficiary's bank accepts a payment order at the earliest of the following times: (1) when the bank pays the beneficiary as stated in Section 4A-405(a) or 4A-405(b), (2) when the bank notifies the beneficiary of receipt of the order or that the account of the beneficiary has been credited with respect to the order unless the notice indicates that the bank is rejecting the order or that funds with respect to the order may not be withdrawn or used until receipt of payment from of the order. (3) when the bank receives payment of the entire amount of the sender's order pursuant to Section 4A-403(a)(1) or 4A-403(a)(2). Lastly, the acceptance of a payment order cannot occur before the order is received by the receiving bank.

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Non-signatories in Arbitration Proceedings With Focus on a Third Party Beneficiary and Equitable Estoppel Doctrines in the United States

  • Shin, Seungnam
    • Journal of Arbitration Studies
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    • v.27 no.3
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    • pp.77-94
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    • 2017
  • The United States has used legal theoretical constructions such as equitable estoppel and the third party beneficiary under which non-signatories of an arbitration agreement can be bound to the arbitration agreement of others. The third party beneficiary theory has been used when a signatory defendant argues that a non-signatory plaintiff is bound by an arbitration agreement, or a non-signatory defendant argues that a signatory plaintiff is required to arbitrate the plaintiff's claims against the non-signatory. On the other hand, equitable estoppel has developed as two distinct theories. According to the first theory, if a non-signatory party knowingly accepted the benefits of an agreement, it can be estopped from denying its obligation to arbitrate. The second theory compels a signatory to arbitrate because of the close relationship between the entities involved and the fact that the claims were intimately founded in and intertwined with the underlying contract obligations.

Effects of the Utilization of Non-Reciprocal Trade Preferences Offered by QUAD Countries on Economic Growth in Beneficiary Countries

  • SENA KIMM GNANGNON
    • KDI Journal of Economic Policy
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    • v.45 no.1
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    • pp.33-68
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    • 2023
  • The present article investigates empirically whether non-reciprocal trade preferences (NRTPs) offered by QUAD countries (Canada, the European Union, Japan, and the United States) to developing countries have helped to promote economic growth in the beneficiary countries. Two main blocks of NRTPs are considered here: Generalized System of Preferences (GSP) programs and other trade preferences programs. The analysis used a set of 90 beneficiary countries of NRTPs that are concurrently recipients of development aid over the period of 2002-2018. Using the two-step system generalized method of moments, the analysis indicated that while a higher degree of utilization of each of these two blocks of NRTPs has been associated with a high economic growth rate, development aid enhances this positive effect. This highlights the need for donors to support a development strategy based on the provision of both development aid and NRTPs if they are to help beneficiary countries to promote economic growth. Finally, when the positive economic growth effect of the utilization of NRTPs is higher, the result is a greater country's share of exports (under preferential tariffs) to QUAD countries out of their total merchandise exports.