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A Study on Application of CISG in the Commercial Arbitration of China - Focus on CIETAC Arbitration Cases - (중국 상사중재에서 CISG의 적용에 관한 연구 - CIETAC 중재사례를 중심으로 -)

  • Han, Na-Hee;Lu, Ying-Chun;Lee, Kab-Soo
    • Journal of Arbitration Studies
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    • v.29 no.1
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    • pp.53-70
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    • 2019
  • This study analyzed some cases of the China International Economic and Trade Arbitration Commision (CIETAC) related to the application of the Contracts for the International Sale of Goods (CISG). As a contracting party of the CISG, China has accumulated a considerable amount of experience in applying CISG through commercial arbitrations. This study sought to understand how CISG is operated in commercial arbitration in China. By analyzing actual cases in China, Korean commercial arbitration can avoid mistakes and further improve. This study of Chinese cases will give some useful information for Korean companies. As defined by the CISG, the applicability can be divided into direct application and indirect application. When China joined the CISG, it made a reservation out of Article 1(1)(b). Korea and China are contracting parties to CISG and CISG is, therefore, directly applied. It is beneficial for Korea to understand how CIETAC is indirectly applied in China then. Some of the results of this study are as follows: First, CIETAC made a correct judgment most of the time on the direct application of CISG. However, there were mistakes in the judgment of the nationality of the parties in a few cases. The parties must clearly define applicable laws when entering into a contract. Secondly, the 2012 "CIETAC Arbitration Rules" was revised so that the "party autonomy" was introduced into Chinese commercial arbitration concerning indirect application. Therefore, the principle of autonomy of the parties was not fully recognized in the past judgments. Instead, the domestic law of China was applied in accordance with the reservation of Article 1(1)(b). Thirdly, China did not explain the application of CISG in Hong Kong, which led to ambiguity in concerned countries. Therefore, it is necessary to confirm the status of CISG in Hong Kong. In addition, Korean companies should clearly define the applicable laws when dealing with Hong Kong companies.

How do Merchandisers in Large Retailers Purchase Agriculture Products? (대형유통업체 구매담당자의 농산물 구매 행태에 관한 연구)

  • Woo, Young-Mun
    • Journal of Distribution Research
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    • v.16 no.5
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    • pp.123-140
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    • 2011
  • This study analyzed large distributors' trade features with local suppliers and their direct purchase features through the survey and the interview targeting some MDs(Merchandisers) in large retailers responsible for buying fresh foods (agricultural, fishery, livestock and proceeded products). As the result of conducting the survey targeting the large purchase MDs, it was found that when they select local suppliers, they importantly consider the factors of stable products supply, the quality management, the aggressive management attitude, the affordable (cheap) price, and the suggestion of differentiated goods in order. Concerning their direct purchases in local places, their preference toward the direct-purchase traders were higher than that toward vendors and whole markets as their existing major traders. Among the traders for direct purchase, they preferred farm corporations (including agricultural corporations) the most, and followed the National Agricultural Cooperative, and the unit agricultural cooperative in order. Regarding to the trades with suppliers, when they set the trade price, the merchandisers (MDs) of large distributors preferred long-term trades over 2 years, and utilized the factors of market rate(50.9%), production cost(31.2%) and sale price in the same industry(18.0%). For the local distribution organizations to aggressively counteract the changes of distribution environment in the consumption places, it needs some strategies to organize the agricultural production, to expand the production size and to specialize the distribution channels. And the supply system's continuality and stability are required, so it needs to establish the counteract system enabling to supply all year round through the link of production organizations. Additionally, as an effort to intensify the market negotiation ability, it should collect various market information from the consumption places.

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An Effects Model of Local Festival on the Participating Local Farms using a Qualitative Research Technique - Focused on the Cheongwon Organic Life Festival - (질적연구방법을 이용한 지역축제의 참여농가 영향모델 - 청원생명축제를 중심으로 -)

  • Kim, Sookjong;Eom, Seong Jun;Hwang, Sungki;Lee, Jun-serl;Rhee, Shinho
    • Journal of Korean Society of Rural Planning
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    • v.23 no.1
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    • pp.11-19
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    • 2017
  • The purpose of the study was to investigate how the Cheongwon Organic Life Festival, a rural festival, affects the farmers of the local farms in Cheongju. Based on grounded theory, this study analyzed the objective using a qualitative research program, the Nvivo11 program. The data was collected through in depth interviews from 13 farmers who participated in the Cheongwon Organic Life Festival, and were also residents of Chungcheungbuk-do. The roles of the local festival expected by farmers, were the sale of local agricultural products, local public relations, regional revitalization, a sense of pride as a farmer, exchange of business ideas for sales of agricultural products, and a line of direct communication between farmers and consumers. The farmers who participated in the Cheongwon Organic Life Festival insisted that sales should rise. The results showed that the farmers who participated in the festival felt socially and psychologically stable while participating. The programs at the Cheongwon Organic Life Festival include a concert, hands on involvement, and agricultural sales, which have a direct influence on both sales and attracting visitors during the local festival. Farmers who participated in the Cheongwon Organic Life Festival asked for the improvement of the overall operation of the festival, including the problems with the admission tickets, parking, arrangement of facilities, festival venue, time, and etc. The suggested improvements for the Cheongwon Organic Life Festival focused on the quality certification system of agricultural products, as well as the organic farming of products, thereby to gain trust from the consumers.

Impact of Service Quality and Perceived Value on Customer Satisfaction and Behavioral Intentions: Evidence from Convenience Stores in Vietnam

  • TRAN, Van Dat;LE, Nhat Minh Trang
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.9
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    • pp.517-526
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    • 2020
  • This research investigates the relationship among product quality, service quality, perceived value, customer satisfaction, and behavior intentions. Validated measurements were identified from a literature review. The measurement model and the conceptual model depicting hypothesized relationships were evaluated based on responses from 220 customers using confirmatory factor analysis and structural equation modeling. The testing results show that, for the direct path, product quality has a significant, positive influence on customer satisfaction, and behavioral intentions. Also, perceived value directly influences customer satisfaction and behavioral intentions and satisfaction is an antecedent of behavioral intentions. For the indirect path, service quality has a significant, positive influence on behavioral intentions through the customer satisfaction. The major finding of this study suggest that service quality easily attract more customers, especially the young consumers. About the sale personnel, communication skills, knowledge and ways of treatment to customers are crucial to retailers to gain competitive advantage over competitors. Therefore, it should have clear and consistent processes, procedures with criteria that create the best condition for organization and individual to open this kind of retailing store. Furthermore, product quality improvement is essential; all products must have clear originality; and diversifying products and services is also the way to appeal more consumers.

A Study on the Regional Community Facilities for Urban and Rural Interchange and Regional Activation - Focused on the Atarasimura of Miyashiro in Saitama pref., Japan - (지역 활성화와 도농교류를 위한 지역시설 사례 고찰 - 일본 사이타마현 미야시로정 아따라시무라를 대상으로 -)

  • Kim, Kang Sub;Son, Kwang Ho;Lee, Sang Jung
    • Journal of the Korean Institute of Rural Architecture
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    • v.9 no.2
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    • pp.13-20
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    • 2007
  • This study examined the present condition and characteristics, spatial composition of the Atarasimura through field studies about the Atarasimura of Miyashiro, Saitama pref. in Japan. The results of this study are as follows. First, Atarasimura is the citizen farm of Miyashiro which promotes regional activation, community consciousness and the interchange of residents. Second, cultivation area and the miscellaneous scrub transforms the area into a park-like one, protecting a natural environment and making a beautiful landscape. Atarasimura is expected to enhance the studying effect of the children and young people. Third, the direct sale of agricultural products leads to the increase of income and resident employment opportunities. Fourth, the plan of future regional facilities must be made within a legal system and a systematic program for region making. In addition, the system of rational participation and cooperation between administration and local residents is important.

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Composting High Moisture Materials : Bio-Drying Livestock Manure in a Sequentially Fed Reactor

  • Lee, J.H.;Park, H.L.
    • Proceedings of the Korean Society for Agricultural Machinery Conference
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    • 1996.06c
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    • pp.701-710
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    • 1996
  • Composting has gained rapid acceptance as a method of recyling relatively dry organic materials such as leaves and brush and , when alternative disposal costs are high, even moist materials such as grass clippings and dewatered sewage sludges. However, as moisture contents rise above 60% , the need for a dry bulking amendment increase the costs of composting , both by direct purchases of amendment and though increased reactor capacity and materials handling requirements. High moisture materials also present increased risks of anaerobic odor formation through reduced oxygen transport (Miller , 1991) . These costs and operational challengers often constrain the opportunities to compost high moisture materials such as agricultural manures. During the last several decades economies of scale in livestock production have been increasing livestock densities and creating manure management challenges throughout the world. This issue is particularly pressing in Korea, where livestock arms typically manage little or no cropland, and the nutrients and boichemical oxygen demand in manure pose a serious threat to water quality. Composting has recently become popular as a means of recycling manure into products for sale off the farm, but bulking amendments (usually sawdust) are expensive designed to minimize bulking agent requirements by using the energy liberated by decompostion. In this context the composting reactor is used as a biological dryer, allowing the repeated use of bulking amendment with several batches of manure.

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Cost Accounting of Heat and Electricity of a Combined Cycle Cogeneration System (복합열병합 시스템에 대한 열과 전기의 원가산정)

  • Kim Deok-Jin;Lee Keun-Whi
    • Korean Journal of Air-Conditioning and Refrigeration Engineering
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    • v.17 no.6
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    • pp.560-568
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    • 2005
  • The cost accounting of electricity and heat produced from an energy system is important in evaluating the economical efficiency and deciding the reasonable sale price. The OECOPC method, suggested by the author, was applied to a 650 MW combined cycle cogeneration system having 4 operating modes, and each unit cost of electricity and heat products was calculated. In case that a fuel cost is ${\\}400/kg$ and there are no direct and indirect cost, they were calculated as follows; electricity cost of ${\\}23,700/GJ$ at gas-turbine mode, electricity cost of ${\\}15,890/GJ$ at combined cycle mode, electricity cost of ${\\}14,146/GJ$ and heat cost of ${\\}6,466/GJ$ at cogeneration mode, and electricity cost of ${\\}14,387/GJ$ and heat cost of ${\\}4,421/GJ$ at combined cycle cogeneration mode. Further, these unit costs are applied to account benefit on this system. Since the suggested OECOPC method can be applied to any energy system, it is expected to contribute to cost accounting of various energy systems.

Analysis of management status of chestnut cultivation in Chungcheongnam-do

  • Oh, Do Kyo;Ji, Dong Hyun;Kim, Se Bin
    • Korean Journal of Agricultural Science
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    • v.48 no.3
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    • pp.473-482
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    • 2021
  • In this study, we attempted to estimate the degree of management of chestnut forestry households in Chungcheongnam-do and to provide information for establishing chestnut cultivation-related policies. The chestnut management standard diagnostic table consists of three major categories, namely, management base, management and sales capacity, and production technology levels, along with 19 subcategories. A survey of 309 chestnut forestry households was conducted from 2014 to 2019 in Gongju, Cheongyang, and Buyeo in Chungcheongnam-do. The average score for the 19 subcategories was 65.7 points, indicating that these areas have excellent management conditions. When the total score was higher, the output per hectare and the rate of top-grade products in the total output were also higher, indicating a significant correlation. These findings will be useful for providing consulting services to chestnut growers as they highlight the correlation between the higher scores of the indicators in the chestnut management standard diagnostic table and the management performance of the farmers. We found that the scores of the indicators for management and sale skill, such as management record and analysis, material purchase, and direct transaction with consumers, were relatively lower than those of the indicators for management base and production skill. It is assumed that the chestnut growers aging has led to negligence in recording details on incomes, expenditures, and work and lowered the willingness to make substantial profits. Therefore, it is essential to overcome these problems for profitable chestnut farming.

A Study on the Marketing System of Walnut -With Special Reference to the Case Survey in Cheonwongun Districts- (호도의 유통체계(流通體系)에 관(關)한 연구(硏究) -천원군(天原郡)의 사례조사(事例調査)를 중심(中心)으로-)

  • Jeon, Sang-Don;Cho, Eung-Hyouk
    • Journal of Korean Society of Forest Science
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    • v.79 no.2
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    • pp.187-195
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    • 1990
  • The following conclusions have been obtained with special reference to the walnut marketing system in Cheonwongun districts 1. The marketing channel of walnut in the producing areas was mainly depended on the individual selling by 89.58%. and sale through farmer's coops and forest owner's association by 10.42%, and share of walnut through fatmer's coops was 84.58%. 2. The market structure in assembling stage of walnut can be represented as oligopoly considering the market share of 86.26% derived by CR3 method. 3. Direct selling from producers to consumers would be recommendable to reduce marketing margin considering the 77.20% of sale's dependency on assembler-commisioner. 4. Two major reasons to follow the marketing channel of assembler-commissioner were the convieniency (45.00%) and dealing with small quantity of walnut (20.00%). Let the walnut producers follow the institutional marketing channels such as farmer's coops and forest owner s association, special actions including better conveniency, smaller quantity and the procedures should be improved. 5. Farmer's share of walnut was estimated as 54.93% and total marketing margin was 45.0% of which 36.70% destined to the retail stage. 6. The price index in November was the lowest(83.63) due to the flood and hunger sale and the index in April was the highest(115.74). To cope with the severe price fluctuation and to stabilize seasonal walnut price, sale's in advance, credit supply and provision of storage facilities must be considered in policy-making decision for forest farmers.

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An Empirical Study on the Determinants of Korean FDI focused on China&Asean six Countries for years 2007 through 2012 (한국의 해외직접투자 모형설정 관한 실증 연구 (중국&아세안 6개국 중심: 2007년-2012년중심))

  • Lee, Eung-Kweon
    • International Commerce and Information Review
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    • v.16 no.2
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    • pp.251-278
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    • 2014
  • This research is about global investment for managing the important position, what Korea is doing in World's main market. Considering there are some differences between developed countries' model and developing countries' model in doing direct overseas investment, they target to get political agreement and develop the new invest plan and strategy by understanding changes of Korean manufacturing companies in direct overseas investment between 2007 and 2012 and analyzing the change of yearly investment motivation factors and acturing factors for investment. The result from this result let us know that company should develop their own idea for their competitive advantage by doing direct overseas investment with the existing the on which convinces the competitive advantage for investing overseas. From the analyzing result, even though it is fairly true that raising wage and getting resources, avoiding customs, and developing alternating industries for export had influenced at the beginning, overseas investing companies' policy will be influenced by the results from studying marketing-pursuit type, which emphasizes to manage trade income and outgo, keeping the balance in the black, ensuring raw materials, local producing and manufacturing by using low-wage people for local sale, and situation for changing investing tendency as service industry.

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