• Title/Summary/Keyword: eTrade

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The Buyer's Remedies for Lack of Conformity under the PELS

  • Lee, Byung-Mun
    • 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.

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Rapid Origin Determination of the Northern Mauxia Shrimp (Acetes chinensis) Based on Allele Specific Polymerase Chain Reaction of Partial Mitochondrial 16S rRNA Gene

  • Kang, Jung-Ha;Noh, Eun-Soo;Park, Jung-Youn;An, Chel-Min;Choi, Jung-Hwa;Kim, Jin-Koo
    • Asian-Australasian Journal of Animal Sciences
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    • v.28 no.4
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    • pp.568-572
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    • 2015
  • Acetes chinensis is an economically important shrimp that belongs to the Sergestidae family; following fermentation, A. chinensis' economic value, however, is low in China, and much of the catch in China is exported to Korea at a low price, thus leading to potential false labeling. For this reason, we developed a simple method to identify A. chinensis' origin using allele-specific polymerase chain reaction (PCR). Ten single nucleotide polymorphisms (SNPs) were identified from partial (i.e., 570 bp) DNA sequence analysis of the mitochondrial 16s rRNA gene in 96 Korean and 96 Chinese individual shrimp. Among 10 SNP sites, four sites were observed in populations from both countries, and two sites located in the middle with SNP sites at their 3'-ends were used to design allele-specific primers. Among the eight internal primers, the C220F primer specific to the Chinese A. chinensis population amplified a DNA fragment of 364 bp only from that population. We were able to identify the A. chinensis population origin with 100% accuracy using multiplex PCR performed with two external primers and C220F primers. These results show that the 16S rRNA gene that is generally used for the identification of species can be used for the identification of the origin within species of A. chinensis, which is an important finding for the fair trade of the species between Korea and China.

Severe Weather Events over Northeastern Brasil:The January 2004 Event (브라질 북동부 해안의 악기상: 2004년 1월 사례)

  • Tenorio Ricardo Sarmento;Kwon Byung-Hyuk;Molion Luiz Caries Baldicero;Calheiros Alan James Peixoto
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.10 no.5
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    • pp.897-904
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    • 2006
  • The eastern coast of northeastern Brazil (NEB), a coastal land-strip up to 300 km wide and stretching out from Rio Grande do Norte $(5^{\circ}S)$ State down to the south of Bahia State $(17^{\circ}S)$, experiences different rain producing systems, such as distrubances in the south-east trade winds, frontal systems penetration, land-sea breeze circulation and local convection associated with the topography and moisture flux convergence. The annual total rainfall ranges from 600 inland to 3000 mm on the coast. Rainfall totals 5 to 12 times the focal climatic means were recorded in various regions of Alagoas state in January 2004. It was estimated that 46,000 people were homeless, with material damages exceeding US$10 million as a consequence of the ensuing floods. GOES infrared images analysis showed that the main weather system responsible for this anomalously high rainfall totals was an Upper Troposphere Cyclonic Vortex (UTCV), which formed at about a $27^{\underline{\circ}}W\;e\;12^{\underline{\circ}}S$ and remained active for the entire month of January over NEB.

Water, Energy, Cooperation, and Conflict inthe Kura-Araks Basin of the South Caucasus

  • Campana, Michael E.
    • Proceedings of the Korea Water Resources Association Conference
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    • 2011.05a
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    • pp.3-3
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    • 2011
  • After the dissolution of the Soviet Union, the Kra-Araks Basin (KAB) became an international river basin with respect to the South Caucasus states of Armenia, Azerbaijan, and Georgia. However, there are no agreements regarding water allocation, water quality, or ecosystem maintenance among the aforementioned riparians. The main water problems in the basin include not only water quantity and quality, but also the lack of joint management. The aforementioned countries share many similar circumstances: location in a politically unstable but strategic region bureaucratic and structural issues; and more importantly, ongoing ethnic and related conflicts. Despite these obstacles, the countries recognize that they depend greatly on the basin, whose waters they must share. To that end, they proposed and participated in the joint NATO-OSCE South Caucasus River Monitoring (SCRMP) project between 2002 and 2009.The SCRMP sought to investigate and characterize the surface water quality in the KAB by providing equipment and training to all three countries. Several years' worth of water quality data were collected in the KAB: major ions; heavy metals; POPs (persistent organic pollutants); and radionuclides; The North Atlantic Treaty Organization (primary funder) and the Organization for Security and Co-operation in Europesupported the SCRMP not only to build capacity but also to promote cooperation and minimize conflict over water and other resources, thus providing a measure of security for Europe and other regions. The South Caucasus is a strategically-important region, functioning as a bridge between Asia and Europe. Energy-rich Azerbaijan seeks to become a key player in trade by serving as a transportation and energy hub between the energy and mineral-rich Central Asian KUT countries (Kazakhstan, Uzbekistan, and Turkmenistan) and Western Asia, Europe, and other areas. The presentation will summarize the scientific results of the SCRMP, elucidate the regional water-energy-security nexus, discuss future work in the region, and explain why the world needs to be concerned about the KAB and the entire South Caucasus.

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A Study on the Priority of Drone Industry Infrastructure Investment (드론산업 인프라 투자 우선순위에 관한 연구)

  • Sim, Myung Sik;Lee, Sang-Joon;Song, Dong-Yeob
    • Smart Media Journal
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    • v.9 no.3
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    • pp.130-141
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    • 2020
  • The drone market in Korea is growing with a focus on the use of prevention, defense, exploration and surveying, search and rescue, video shooting, and facility management. However, the foreign dependence on drone's core technologies and components is high. Drone-powered countries such as the US and China are expanding the weaponization of drones, which can intensify trade wars between countries, such as strengthening import and export regulations and monopoly. Therefore, Korea should put R & D and localization of core technology, parts, and accessories of next generation drone first. For this, policy research and investment in infrastructure, equipment, and research personnel should be preceded. This study studied the evaluation of investment priorities by infrastructure sector (facility equipment, utilization field, and demand manpower) to foster small drone companies through literature studies. To this end, we expanded and reclassified e isting research, developed investment prioritization indicators through expert group interviews and reviews, derived future uncertainties, and selected investment priorities by infrastructure sector using AHP techniques. Finally, it proposed an infrastructure construction strategy to foster small drone companies in terms of drone development support, utilization support.

New Firm of Korean Movie Industry, Next Entertainment World's Strategy (한국 영화 산업의 신생 기업, N.E.W.의 성장 전략)

  • Han, Jae Hoon;Chung, Jee Yong
    • The Journal of the Korea Contents Association
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    • v.15 no.6
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    • pp.62-72
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    • 2015
  • The purpose of this study is to discuss new entrants' role in a business ecosystem and to analyze growth strategies of a new entrant in the movie industry. When participants of a business ecosystem complement one another with their own unique capabilities, they can coevolve and develop the business ecosystem. Especially, new entrants armed with competitive advantages are the key success factor for improving robustness of business ecosystem. Korean movie industry is dominated by a few large enterprises and thereby threatening fair trade. In an effort to encourage new entrants in the industry, this study analyzed success factors of a film distributor, Next Entertainment World(NEW). The success factors include unique criteria in selecting scenarios, quality management, rapid decision making process, and competent management team. Implications for the results and the future study are discussed.

Various Issues on International Guarantee (국제적(國際的) 보증(保證)의 제문제(諸問題))

  • Suk, Kwang-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.17
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    • pp.7-35
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    • 2002
  • In many international financing transactions Korean companies are required to issue a guarantee. Thus far, however, legal issues on international guarantees have not been fully discussed in Korea. This is partly because most of the international guarantees are governed by a foreign law such as English law or the laws of the State of New York. In this articles the author examines major concepts or terms and conditions of a typical international guarantee, e.g., language on consideration, primary obligor, joint and several guarantee, unconditional and irrevocable guarantee, continuing guarantee, right of subrogation, representations and warranties, covenant or undertaking, currency indemnity, assignment, participation, governing law and jurisdiction clause, etc. For reference, standard forms of a guarantee and a standby letter of credit are attached to the article. In examining the terms and conditions, the author compares them with similar or equivalent concepts under Korean law. The author further discusses some Korean law issues that may arise under international guarantees governed by a foreign law. These issues include the application of the ultra vires doctrine under Article 34 of the Civil Code of Korea, the validity of an international guarantee which a Korean company has issued in violation of the guarantee ceiling set under Article 10 of the Law on Monopoly Regulation and Fair Trade of Korea and the validity of an international guarantee which a Korean party has issued in violation of the Foreign Exchange Transaction Law. In addition, the author discusses some issues under a so-called independent guarantee and a standby letter of credit. In this regard, reference is made to the Uniform Rules for Demand Guarantee (URDG), International Standby Practices (ISP98) and the Convention on Independent Guarantees and Stand-by Letters of Credit adopted by the United Nations in 1995. Finally, the author examines major terms and conditions of typical comfort letters and discusses some legal issues, such as the binding force of the comfort letter. In dealing with the issues the author underscores that to the extent the issues are not properly dealt with by an international norm such as Uniform Customs and Practice for Documentary Credits or ISP 98, the issues must be analyzed by reference to the governing law of the relevant instrument.

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Excessive State of Pollutant Load Allocation and Penalty Application Schemes based on Pollutant Reduction Plan Types for Solving Excessive Problem of Allocation (오염할당부하량의 초과현황 및 초과해소를 위한 삭감계획 유형에 따른 페널티 적용방안)

  • Park, Jae Hong;Park, Bae Kyoung;Oh, Seung Young;Hwang, Ha Sun;Lee, Jae Kwan
    • Journal of Korean Society on Water Environment
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    • v.29 no.1
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    • pp.66-73
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    • 2013
  • Total Maximum Daily Loads (TMDLs) system was introduced to manage pollution load of watershed and to improve water quality of unit watershed so that it is possible to protect dringking water soureces. Load allocation observation is the most important factor in TMDLs system. Because if load allocation is not observed, it is difficult to achieve water quality goal of unit watershed. Also it is impossible to improve water quality of the drinking water sources. Therefore it is necessary to apply some kind of sanctions (penalty) in case of excess of load allocation. The sanctions have to be, however, applied differently based on various reduction plan types, i.e., using the reduction load planed in 2nd phase, delay the completion, additional reduction in 2nd phase, error of the pollution sources, etc. Moreover, the penalty load should be properly imposed, lest it should be overburden the provence. The reduction load trade inter province must be restrictively permmitted only the same unit watershed.

Effect of Sodium-Alternative Curing Salts on Physicochemical Properties during Salami Manufacture

  • Yim, Dong-Gyun;Shin, Dong-Jin;Jo, Cheorun;Nam, Ki-Chang
    • Food Science of Animal Resources
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    • v.40 no.6
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    • pp.946-956
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    • 2020
  • To identify the effect of sodium-alternative curing salts on the quality properties of salami through the ripening process, four salami treatments were prepared with different curing salts, T1 (-control, NaCl 1.9%), T2 (+control, NaCl 1.9%+NaNO2 0.01%), T3 (KCl 1.9%+NaNO2 0.01%), and T4 (MgCl2 1.9%+NaNO2 0.01%), under 40 days ripening conditions. Sodium-alternative salts (T3 or T4) showed characteristically different quality traits compared with T2. Especially, T3 had lower pH, water activity, volatile basic nitrogen, and lipid oxidation after 20 days of ripening period, compare with T2 or T4 (p<0.05). Sodium nitrite had critical impact on increased a* values, and T3 showed higher a* values compared with T2 or T4 (p<0.05). Sodium nitrite reduced initial growth of coliforms but sodium-alternative salts did not affect microbial growth patterns. T2-T4 containing sodium nitrite had higher content of umami nucleotide flavor compounds compared with T1, regardless of the chlorine salt species. The combined use of sodium-alternative curing salts and minimal sodium nitrite was found to be an applicable strategy on development of low sodium salami without a trade-off of the product quality.

Quality Characteristics of Commercial Kimchi Paste (시판 김치 양념의 품질특성)

  • Cheon, Seon-Hwa;Lee, Sang-Il;Hwnag, In-Min;Seo, Hye-Young
    • Korean journal of food and cookery science
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    • v.33 no.1
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    • pp.9-19
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    • 2017
  • Purpose: This study was conducted to obtain basic data for the quality characteristics of commercial kimchi pastes. Methods: The physicochemical, microbial, and sensory quality characteristics of kimchi paste purchased from 12 companies (KP 1-12) were investigated. Results: Commercial kimchi pastes contained a moisture content of 61.60-82.99%. The pH and titratable acidity of samples were 4.88-5.92 and 0.56-1.58%, respectively, and salinity was on average, 3%. The reducing sugar content was approximately 67.35 mg/mL, and those of KP 8 was higher by approximately 100 mg/mL. American Spice Trade Association (ASTA) value of kimchi pastes varied based on the samples. The commercial kimchi pastes contained capsaicin and dihydrocapsaicin at 1.51-7.84 and, 0.54-2.26 mg/100 g, respectively; sodium and potassium contents were 383.32-1,563.45 mg/100 g and 264.49-571.95 mg/100 g, respectively; and the Na/K ratio was 1.21-5.48. The number of aerobic bacteria and lactic acid bacteria detected from 5.00 to 8.00 log CFU/g. The number of yeast and mold detected from 0.50 to 2.66 log CFU/g. Coliform was detected at approximately 3-4 log CFU/g, whereas Escherichia coli was detected only in KP 3 and KP 7. Overall acceptability of kimchi paste showed a higher score in KP 1. The commercial kimchi pastes showed higher salinity and Na/K ratio and E. coli was detectedin some kimchi paste samples. Conclusion: Therefore, further studies are required to lower the Na/K ratio, for recipe developments, and the standardization of quality and hygiene safety of kimchi paste.