• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.14
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• pp.153-176
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• 2000

The U.K. Bills of Lading Act 1855 had sought to circumvent the problems arising from the doctrine of privity of contracts. Among the principal factors in the introduction of the Act was the exceptional decision of the court in the case of Grant Norway. The Act 1855 was intended to reverse Grant Norway, but has no effect whatever. As it was not properly drafted, there had been a lot of situations where the Act 1855 was not applicable. In those cases, the courts have implied a contract between cosignee and carrier. This is the effect of the common law Brandt v. Liverpool doctrine. With the enactment of the Carriage of Goods by Sea Act 1992, all of the problems shall be resolved. It repeals the Act 1855 and replaces it with provisions covering not only B/L but also sea waybills and ship's delivery orders. According to the new law, title to sue is now vested in the lawful holder of a bill of lading, the consignee identified in a sea waybill or the person entitled to delivery under a ship's delivery order, irrespective of whether or not they are owners of the goods covered by the document.

• The Journal of Economics, Marketing and Management
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• v.10 no.1
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• pp.15-26
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• 2022

Purpose: The purpose of this study is to analyze the method of calculating the usage fee, rent, and lease rights of public goods necessary for the operation and management of the underground shopping mall, and to suggest systematic improvement points for the operation of the underground shopping mall. Data and Methodology: First, ordinances and regulations related to common property were investigated. Second, previous studies were analyzed. A survey was conducted with five questions that conflict with the interests of underground shopping mall merchants among the ordinances and operating systems related to the current underground shopping malls' common property. Results: Underpass merchants wanted monthly payment for the use of common property, and merchant organizations wanted to limit the increase rate with the right to use. They asked for the property value due to donation to be excluded from the loan fee, they wanted to revise the Common Property Act on the transfer of lease rights, and they wanted to revise the loan contract renewal period. Conclusion: There is a need to improve the laws and systems for underground shopping malls, and it will have to be negotiated according to the opinions of the merchants gathered among them, and it will have to be implemented in stages in the long term.

• Proceedings of the Korea Society for Simulation Conference
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• 1998.10a
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• pp.21-24
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• 1998

Simulation modeling has become an extremely important approach to analyzing complex system. In recent years the number of people using simulation as problem-solving aid has increased. In this Paper, we developed a simulation model for analyzing the physical distribution system in ports. We used Arena 2.2 which is a kind of simulation software based common simulation language, SIMAN V. And then, we applied this model to kwangyang port(partially) and analyzed the effect of it upon port system in according to change of the quantity of goods transported.

• Archives of design research
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• v.1 no.1
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• pp.1-162
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• 1980

The Design Society of Korea. It is our urgent task that we should map out our detailed guiedlines for the improvement of export-oriented industries and of the design of export goods in preparation for our export goal of $30 billion in the upcoming 1980s. The government, university design researchers, and most entrepreneurs have confronted diverse kinds of racking issues: how much do most export industries take advantage of the indus-trial design for the improvement of the quality of export goods\ulcorner, structural defects of most export industries, chronic and vicious cycle of overlooking the value of the industrial design in the process of manufacturing export goods and etc. In other words, the recent trend of slighting the industrial design is to speed up the sales of only unsophisticated goods on the international markets. Although Koreans have been plagued by scantiness of natural resources under these circumstances, most Korean people have showed off their strong will for today's growth. Furthermore, most exporters should do their best to sweep overseas markets by manufacturing sophisticated goods outranking those commodi-ties made by the United States, Japan, West Germany and the other developed countries. In this respect, we have to make our best efforts for the expensive application and practical use of the industrial design, one of the comprehensive sciences, in the face of the hard realities and conditions which we have confronted until now. For example, it can be attributed to the practical application of the industrial design that the neighboring Japan, West Germany, France, the United Kingdom in Europe, and the United States in North America have formulated a highly advan-ced cultural zone and braced up for their own trade protection-ism and tightened their embargoes on EEC goods. Unless any export goods take the best advantage of the industrial design, one of the behavioral sciences capable of satisfying the material mental needs of modern men and of promoting cultural growth, I am convinced that they will not infiltrate into any countries that have enjoyed their own highly cultural lives. It is absolutely important that most Korean universities, state-run, private corporations and research institutes should work out the improvement strategy for the development and practical use of the industrial design as will as the revision of the present curricula of the departments of design. However, most design researchers have come to grips with several difficult problems such as the correlation of export oriented industries and the industrial design and the development of the design of export goods. The improvement of the industrial design is our urgent assignment that we have to solve in the 1980s. Accordimgly, I cannot too much emphasize the value the recognition of the industrial design in our industrial communities because we have never witnessed the prosperity of those countries which have taken little notice of the importance of the industrial design. Hopefully, most entrepreneurs will take much consideration of the value of the industrial design and then can defeat their rival businessmen on the international markets by exporting goods of highly sophisticated design. In this respect, the main purpose of the research paper which this society presented is to underline the fact that the improvement and development of the industrial design is our common assignment to be studied from the viewpoints of national dimension as well as in conformity with our immediate goal for the export-oriented prosperity of state. In conclusion, I would like to highlight the fact that our export goods shall be continually developed in pace with the correlative improvement of the indudtrial design so as to pave the way for their bright prospect and to enhance their best impression of the first-class goods on the international markets.

• KDI Journal of Economic Policy
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• v.14 no.2
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• pp.55-75
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• 1992

At the outset of import liberalization, most economists expected a significant drop in the prices of domestic goods that faced foreign competition. However, it is now generally acknowledge that a significant drop in prices of those goods has not occurred. A common claim is that the prices did not drop significantly because the major importers of many imported goods were also the domestic producers of competing goods. The objective of this paper is to analyze the welfare effect of importation by domestic firms that produce competing goods, to identify the factors that facilitate such business practices, and to formulate a policy that could improve the welfare. We proved that importation by competing domestic firms definitely raises the prices of both imported and domestic goods compared to the situation where foreign goods are imported by non-producers, ceteris paribus. The intuition behind this result is that since a producer-importer is essentially a cartel, its overall profit maximization requires reduced competition between the products that it sells. On the other hand, if a producer-importer is more efficient at distrinbution than a simple importer, the comparison between the two cases is a priori indeterminate. We also find that the industries in which domestic producers are actively involved in importing competing goods are the ones in which the distribution channels are tightly controlled by importer-producers. This finding suggests that exclusive dealing contracts, which work as an entry barrier, may be the source of importing by domestic producers. We argue that in a country such as Korea, where financial market is highly incomplete, tight control of the distribution channels by oligopolistic manufacturers is likely to be an effective entry barrier that leads to importing by domestic producers of similar goods. We further argue that seemingly superior distribution costs of importer-producers is likely to be a result of market foreclosure which would disappear once the entry barrier of exclusive dealing contracts is removed. Above findings suggest that market imperfections are the source of importation by domestic competitors, which in turn constitutes a market imperfection in itself and reduces consumer welfare. As potential remedies, we considered three alternatives; direct price control by the government over the imported goods sold by major domestic producers, regulation of trade itself between major producers, and regulation of exclusive dealing contracts. For reasons both theoretical and pratical, we find that the last alternative is the most attrative. Prohibiting exclusive contracts between manufacturers and dealers in industries where exclusive dealing contracts are a significant entry barrier is expected to break up the importer-producer cartel and improve the welfare.

• Journal of the Korean Society of Clothing and Textiles
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• v.21 no.1
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• pp.67-81
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• 1997

The main purpose of this study was to compare the characteristics of male innovators and of male opinion leaders across product categories in terms of personality, attitudes, social participation, media usage patterns and demographic aspects. Six product categories such as clothing, cosmetics, small electronic appliances, medium-large electronic appliances, interior supplies and sports-leisure goods was used. A valid and reliable self-report scale was used to measure innovativeness and opinion leadership for 423 male adults living in social area Analyses showed that venturesomeness is the most common characteristics between innovators and opinion leaders across product categories. Innovators showed higher tendency of narcissism while opinion leadership showed higher cosmopolitainsm. Common charateristics of innovators and of opininion leaders of both clothing and cosmetics are cosmopolitanism, narcissism, exhibitionism, venturesomeness. The degrees of social participation and media usage patterns were different according to product categories for both innovators and opinion leaders. The implications of these findings for diffusion theory and merchandising were discussed.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.28
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• pp.3-36
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• 2005

Most legal systems provides the aggrieved buyer with a right to put an end to the contract. Unlike Civil Law systems, the right is rather complicated and uncertain in Common Law systems because they do not sharply distinguish between a refusal which amounts merely to a defence in the nature of the exceptio non adimpleti contractus, and one which is intended to abrogate the aggrieved party's obligations completely and to seek restitution of what he has already performed. That is, they do not draw any sharp distinction between the right of rejection or revocation and the right to put an end to the contract. This explains why the right to put an end to the contract under Civil Law systems are often compared with the right of rejection or revocation under Common Law systems in most academic papers. Having said that, this article describes and analyzes in detail the relevant UCC rules to the buyer's right of rejection and revocation, particularly the rules on the requirements for the right of rejection or revocation. This is for the purpose of providing legal advice to our sellers residing either in U.S.A. or in Korea who plan to enter into U.S.A markets and take academics' interest in the buyer's right which is deemed to be unique compared to the Civil Law systems. In addition, the study attempts to compare the rules as to the right of rejection and revocation under the UCC with those of English law which are stipulated mainly in the Sale of Goods Act (1979) in a statutory form. This may help one better to understand the rules of the UCC which are mostly originated with English law and to find in what way the rules of the UCC depart from those of English law.

• The Journal of Fisheries Business Administration
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• v.50 no.2
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• pp.1-21
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• 2019

This study is to excavate superior fishing communities by applying the Ostrom (1990)'s principles of sustainable and successful use of common goods. Ostrom(1990)'s principles are (1) clearly defined boundaries (2) congruence between appropriation and provision rules and local conditions, (3) collective choice arrangements (4) monitoring (5) graduated sanctions (6) conflict-resolution mechanism (7) recognition of rights to organize by external government authorities (8) nested enterprises. The survey was carried out under the individual interview method of 15 fishing village members in 32 fishing communities with the government's fishery environment improvement and fishery creation projects. The total effective samples are 477. These data were analyzed. The analysis result shows that 24 fishing villages are selected among the 32 fishing communities in the samples, including Nanji, Sanghwang, Songseok, Sinshido, Jukyo, Jinsan, Changli, Pado, Beopsan, Rahyang, Palbong, Woongdo, Daehwang, Sapsi, Chido, Jinri, Daeri, Songgak, Joongwang, Ojii, Doripo, Doseong, Mongsan 1ri and Songnim as superior fishing villages. The results of this study have limitation that may vary depending on the rigor of the criteria in the process of deriving good fishing communities. Despite this limitation, this study has expanded existing research focused on validating the theoretical applicability of the framework through case analysis of specific fishing communities to objectively and quantitatively to many fishing communities. The results of this study are expected to contribute to the creation of conditions in which fishermen can continue to manage their fishing grounds and stand on their own feet by presenting the framework and principles for developing desirable fishing village models for the continued use of mudflat shells grounds as the common goods.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.30
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• pp.123-144
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• 2006

MERCOSUR (Southern Cone Common Market, Latin American trade organization established in 1991, full members: Argentina, Brazil, Paraguay, and Uruguay; associate members: Bolivia, Chile, Colombia, Ecuador, Peru, and Venezuela) is the world's third largest economic union. It is a vital region that Korean corporations should enter to preoccupy the Latin American market. Since China and Japan are recently moving strongly to advance into MERCOSUR, Korea needs to work out measures to cope with the situation. In trading with MERCOSUR, it is very important to establish a strategic base in the market from a long-term perspective rather than to approach the market only as an exporting market. From this viewpoint, Korea should regard MERCOSUR as a market with which it should cooperate in terms of resources, beyond a market from which it imports raw materials. Helped by its advancement strategies varying according to regional markets and price competitiveness, China is bolstering its market share in these regions. In addition, China has built production bases focused on electric and electronics products. It is also increasing its investments in MERCOSUR as a stable raw material-providing base. To make inroads into MERCOSUR successfully, therefore, Korean enterprises should not regard it as a market where it disposes of stock goods, but should instead export technologically competitive goods to this region. Likewise, Korean companies should expand their investments in automotive parts and machinery in MERCOSUR. Furthermore, Korea should closely study international trading policies of MERCOSUR to clear away any possible obstacles of exports to this region and to prepare countermeasures so as to avoid possible damage from import regulations of MERCOSUR.

• International Commerce and Information Review
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• v.12 no.4
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• pp.385-404
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• 2010

The purpose of this article is to examine the Delays of Performance under UN Convention on Contracts for the International Sale of Goods. In theory, there exist three clearly distinguishable categories of breach of contract, namely non-performance, non-conforming performance and late performance. In particular, delays of performance are the most common breach of sales contract including late delivery, late payment or late performance of any other obligation. In this regard, this article examines how parties can, through careful drafting, avoid or minimize legal problems in case of delay in performance. Especially, the export perspective focuses on the seller's interests, which require that sanctions be as lenient as possible if the seller has breached the contract but that there are prompt and adequate sanctions if the buyer has breached the contract. Furthermore, the seller should ensure that a short or medium delay in delivery will not entitle the buyer to declare the contract immediately avoided and take precautions against late payment, including delayed opening of a letter of credit.