• Title/Summary/Keyword: international contract

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A Study on the Problem of Insurance Terms Choice in the Marine Cargo Insurance Contract (해상적하보험계약(海上積荷保驗契約)에 있어서 보험조건선택(保險條件選擇)의 문제점(問題點)에 관한 고찰(考察))

  • Ra, Gong-Wu;Han, Sang-Hyun
    • Korean Business Review
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    • v.11
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    • pp.415-437
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    • 1998
  • On choosing insurance terms it would be a reasonable choice to choose insurance terms in proportion to how much risk is to be with considering of how much risk is exactly to be in a cargo's owner of his or hers as there are conditions such as a character of cargo, a packing condition, a loading ship, a shipping section, and a premium. But when we see on the present state of the statistical insurance table, the effects are entirely different from it stated above and these serious problems are of both the problem to prove who is on duty and the problem to cover how much the indemnity are to be. When we see a shipper as the insured, in the last 3 years that all risks has been more than 95 percent is to prove the reason mentioned above and there would be an intention for the shipper to transfer a claim for the indemnity to the insurer to evade from the complexity. Also when we see how much both I.C.C and New I.C.C is used, New I.C.C has been used less two times than I.C.C, that is due to the restriction of the scale of covering the indemnity. So both the introduction of trade clause as to insured in the same line of business and the positive application, taking into account of the principle of proving who is on duty and the scale of covering the indemnity, are to be accomplished.

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Research About Agricultural Change in Yanbian Area: from the Later of Qing Dynasty to the Current (연변지역 농업의 변화에 관한 연구 - 청조 말부터 현재까지를 중심으로 -)

  • Jin, Shizhu;Nan, Xuefeng
    • Journal of the Korean association of regional geographers
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    • v.14 no.2
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    • pp.93-104
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    • 2008
  • This article will divide agricultural change process in Yanbian area into the period of japan rule, socialism and later time of the reform and open policy and so on. It will analyze the changes of Yanbian agriculture in every period influenced by external environment influence. The conclusions are as follow: first, under the influence of the japan rule, the policy about Korean Minority immigrants in japan and the original work agriculture and the group tribe construction, Yanbian fanning was controlled by the Japanese. Therefore, Yanbian's agriculture became the tool to satisfy the war and plunder the resource for Japanese. It shows the obviously peripheral characteristics. Second, in socialism time, Yanbian's agriculture was influenced by the rural communalization. The fanning completely belongs to the country, the agricultural production is influenced by the idea of "grain as the key link" which it only pays attention to take the cultivation industry and the production of grain in the interior of cultivation industry. Therefore, it has not been able fully to use the rich natural resource. Third, after reform and open policy, the countrysides were implemented family contract responsibility system, the farmer can rent the land for a long time, and the enthusiasm of agricultural production was improved. Moreover, due to the social market economy-system, the farmer carried on the agricultural production activities according to the market's demands and various departments of the agriculture obtained the coordinate development.

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Preliminary Analysis of the Bid Success Ratio according to the Characteristics of Overseas Construction Projects (해외건설 프로젝트 특성에 따른 입찰 성공률 분석에 관한 기초연구)

  • Kim, Seung-Won;Lee, Kang-Wook;Yu, Jung-Ho
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.3
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    • pp.122-133
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    • 2019
  • In the construction industry, bidding competitiveness is the most basic and important competence of the company. Bidding competitiveness comes from competitive advantage, but the strategy of the company to capture bidding competitiveness varies with the characteristics of the project. In particular, overseas construction is where uniqueness of the construction industry and the specificity of international business coexist. This study analyzes the bidding success ratio and the level of bidding difficulty by project characteristics with 12,952 overseas construction bidding cases. Consequently, it was found that the bidding success ratio of Middle East and North Africa (MENA) and civil engineering was the lowest in each group of project characteristics, and therefore the level of bidding difficulty is high, respectively. In addition, it was confirmed that the bidding success ratio of small size or short duration project was relatively high, and the bidding success ratio of both the negotiated bidding in the bidding method group and the private sector in the client type group was respectively high. However, Kruskal-Wallis test in contract type and period shows that there is no statistically significant difference in the bidding success ratio by group.

Deriving Key Risk Sub-Clauses of FIDIC Conditions of Standard Subcontract -Based on FIDIC Conditions of Subcontract for Construction, edition 2011- (FIDIC 표준하도급 계약조건 핵심 리스크 세부조항 도출)

  • Hong, Seong Yeoll;Jei, Jae Yong;Seo, Sung Chul;Park, Hyung Keun
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.42 no.3
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    • pp.439-448
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    • 2022
  • Recently, domestic small and medium-sized subcontractors participating in the overseas construction market are suffering from the continuous loss and damage due to the insufficient recognition of the importance of risk Sub-Clauses among conditions of subcontracts. Therefore, the need to derive risk Sub-Clauses for conditions of the subcontract has been raised, but until now, previous studies have been conducted focusing on deriving risk Sub-Clauses for standard conditions of contract for construction between the Employer and the Contractor. In this study, 52 risk Sub-Clauses were derived on the basis of the influence size of the Sub-Clauses through the Delphi technique targeting 94 Sub-Clauses of conditions of standard subcontract for construction edition 2011, issued by the International Federation of Consulting Engineers (FIDIC) and In addition, 33 key risk Sub-Clauses were finally derived through the PI Risk Matrix by Probability and Impact. The results of this study provide will useful information on key risk Sub-Clauses that need to be reviewed in advance to minimize contractual risks at the stage of bidding and signing contracts for overseas subcontract construction projects.

A Case Study on the Online Fractional Investment Securitization Platform (온라인 분할 투자 증권화 플랫폼 사례 연구)

  • Tae Hyup ROH
    • The Journal of the Convergence on Culture Technology
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    • v.9 no.1
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    • pp.747-754
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    • 2023
  • With the development of information and communication technology, online fractional investment platforms have emerged through the convergence of online platform technology and new investment techniques for asset-backed derivatives. In this study, the concept and previous studies of the online fractional investment platform business, commercialization models and service processes, market status, and pending discussions and alternatives were presented. Recently, the Securities and Futures Commission's decision on securitization of split ownership has become an important guide to the stable business sustainability of platform operators, but academic research is needed according to the current status and case analysis. To identify specific market issues, examples of representative online fractional investment securitization platform businesses such as "MusiCow" for music copyright, "Tessa" based on art, "Kasa" for real estate, "Piece" based on real assets, and "BangCow" for Korean beef shipments were analyzed. Through the case analysis of this study, the characteristics of the business model according to the basic assets of the online fractional investment platform were compared and presented. Since most business models are judged to be securitic, they must comply with the provisions of the Capital Markets Act or be recognized as the target of innovative financial services. From a practical point of view, it is meaningful in that it presented improvement directions that online fractional securitization platform operators should consider and organized institutional considerations for investor protection.

The Requirement and Effect of the Document of Carriage in Respect of the International Carriage of Cargo by Air (국제항공화물운송에 관한 운송증서의 요건 및 효력)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.67-92
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    • 2008
  • The purpose of this paper is to research the requirements and effect of the document of carriage in respect of the carriage of cargo by air under the Montreal Convention of 1999, IATA Conditions of Carriage for Cargo, and the judicial precedents of Korea and foreign countries. Under the Article 4 of Montreal Convention, in respect of the carriage of cargo, an air waybill shall be delivered. If any other means which preserves a record of the carriage are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt. Under the Article 7 of Montreal convention, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", and shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the goods have been accepted. Under the Article 5 of Montreal Convention, the air waybill or the cargo receipt shall include (a) an indication of the places of departure and destination, (b) an indication of at least one agreed stopping place, (c) an indication of the weight of the consignment. Under the Article 10 of Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. Under the Article 9 of Montreal Convention, non-compliance with the Article 4 to 8 of Montreal Convention shall not affect the existence of the validity of the contract, which shall be subject to the rules of Montreal Convention including those relating to limitation of liability. The air waybill is not a document of title or negotiable instrument. Under the Article 11 of Montreal Convention, the air waybill or cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. Under the Article 12 of Montreal Convention, if the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt. According to the precedent of Korea Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the air waybill by the operator of the bonded warehouse because the freighter did not designate the boned warehouse and did not hold the position of employer to the operator of the bonded warehouse. In conclusion, as the Korea Customs Authorities will drive the e-Freight project for the carriage of cargo by air, the carrier and freight forwarder should pay attention to the requirements and legal effect of the electronic documentation of the carriage of cargo by air.

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GIS-based Disaster Management System for a Private Insurance Company in Case of Typhoons(I) (지리정보기반의 재해 관리시스템 구축(I) -민간 보험사의 사례, 태풍의 경우-)

  • Chang Eun-Mi
    • Journal of the Korean Geographical Society
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    • v.41 no.1 s.112
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    • pp.106-120
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    • 2006
  • Natural or man-made disaster has been expected to be one of the potential themes that can integrate human geography and physical geography. Typhoons like Rusa and Maemi caused great loss to insurance companies as well as public sectors. We have implemented a natural disaster management system for a private insurance company to produce better estimation of hazards from high wind as well as calculate vulnerability of damage. Climatic gauge sites and addresses of contract's objects were geo-coded and the pressure values along all the typhoon tracks were vectorized into line objects. National GIS topog raphic maps with scale of 1: 5,000 were updated into base maps and digital elevation model with 30 meter space and land cover maps were used for reflecting roughness of land to wind velocity. All the data are converted to grid coverage with $1km{\times}1km$. Vulnerability curve of Munich Re was ad opted, and preprocessor and postprocessor of wind velocity model was implemented. Overlapping the location of contracts on the grid value coverage can show the relative risk, with given scenario. The wind velocities calculated by the model were compared with observed value (average $R^2=0.68$). The calibration of wind speed models was done by dropping two climatic gauge data, which enhanced $R^2$ values. The comparison of calculated loss with actual historical loss of the insurance company showed both underestimation and overestimation. This system enables the company to have quantitative data for optimizing the re-insurance ratio, to have a plan to allocate enterprise resources and to upgrade the international creditability of the company. A flood model, storm surge model and flash flood model are being added, at last, combined disaster vulnerability will be calculated for a total disaster management system.

A Study on the Performance Evaluation of G2B Procurement Process Innovation by Using MAS: Korea G2B KONEPS Case (멀티에이전트시스템(MAS)을 이용한 G2B 조달 프로세스 혁신의 효과평가에 관한 연구 : 나라장터 G2B사례)

  • Seo, Won-Jun;Lee, Dae-Cheor;Lim, Gyoo-Gun
    • Journal of Intelligence and Information Systems
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    • v.18 no.2
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    • pp.157-175
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    • 2012
  • It is difficult to evaluate the performance of process innovation of e-procurement which has large scale and complex processes. The existing evaluation methods for measuring the effects of process innovation have been mainly done with statistically quantitative methods by analyzing operational data or with qualitative methods by conducting surveys and interviews. However, these methods have some limitations to evaluate the effects because the performance evaluation of e-procurement process innovation should consider the interactions among participants who are active either directly or indirectly through the processes. This study considers the e-procurement process as a complex system and develops a simulation model based on MAS(Multi-Agent System) to evaluate the effects of e-procurement process innovation. Multi-agent based simulation allows observing interaction patterns of objects in virtual world through relationship among objects and their behavioral mechanism. Agent-based simulation is suitable especially for complex business problems. In this study, we used Netlogo Version 4.1.3 as a MAS simulation tool which was developed in Northwestern University. To do this, we developed a interaction model of agents in MAS environment. We defined process agents and task agents, and assigned their behavioral characteristics. The developed simulation model was applied to G2B system (KONEPS: Korea ON-line E-Procurement System) of Public Procurement Service (PPS) in Korea and used to evaluate the innovation effects of the G2B system. KONEPS is a successfully established e-procurement system started in the year 2002. KONEPS is a representative e-Procurement system which integrates characteristics of e-commerce into government for business procurement activities. KONEPS deserves the international recognition considering the annual transaction volume of 56 billion dollars, daily exchanges of electronic documents, users consisted of 121,000 suppliers and 37,000 public organizations, and the 4.5 billion dollars of cost saving. For the simulation, we analyzed the e-procurement of process of KONEPS into eight sub processes such as 'process 1: search products and acquisition of proposal', 'process 2 : review the methods of contracts and item features', 'process 3 : a notice of bid', 'process 4 : registration and confirmation of qualification', 'process 5 : bidding', 'process 6 : a screening test', 'process 7 : contracts', and 'process 8 : invoice and payment'. For the parameter settings of the agents behavior, we collected some data from the transactional database of PPS and some information by conducting a survey. The used data for the simulation are 'participants (government organizations, local government organizations and public institutions)', 'the number of bidding per year', 'the number of total contracts', 'the number of shopping mall transactions', 'the rate of contracts between bidding and shopping mall', 'the successful bidding ratio', and the estimated time for each process. The comparison was done for the difference of time consumption between 'before the innovation (As-was)' and 'after the innovation (As-is).' The results showed that there were productivity improvements in every eight sub processes. The decrease ratio of 'average number of task processing' was 92.7% and the decrease ratio of 'average time of task processing' was 95.4% in entire processes when we use G2B system comparing to the conventional method. Also, this study found that the process innovation effect will be enhanced if the task process related to the 'contract' can be improved. This study shows the usability and possibility of using MAS in process innovation evaluation and its modeling.

Study on Operating System Improvements to the Competitiveness of Busan Port (부산항 경쟁력 강화를 위한 운영체제 개선에 관한 연구)

  • Seo, Su-Wan
    • Journal of Korea Port Economic Association
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    • v.34 no.4
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    • pp.191-208
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    • 2018
  • This paper focuses on the integration aspect of operators to determine an improvement strategy for the operating system to enhance competitiveness of Busan Port. This Study proposes the following alternatives: valuation standards for the integration of operators, the road map for the integration period, the scope and role setting of integrated operators' participation of Busan Port Authority(BPA), and the separation and linkage North Port and the New Port operators. First, the valuation standards for operator integration should be based on international standards. Additionally quantitative factors such as financial situation, business performance and participating companies' profitability, and the qualitative factors such as management ability, technology, and labor relations should be considered. Second, the timing of North Port's operator integration should be prioritized in the short term in conjunction with the commencement of its phase 2-4, 2-5, and 2-6. The integration of New Port operators should provide a road map for a relatively long-term perspective. Third, the participation of BPA' integrated operators should be considered in terms of publicity as a policy coordinator between terminals and by pursuing the profitability of entering into overseas business by fostering Korean global terminal operators. The scope and role of participation ensures that the experience and technology of the terminal operation business is maximized. Fourth, because physically intergrating the North Port' operator into a single corporate form is difficult, initially establishing a special purpose company to maximize the effect of the integrated operation is necessary. Then, the operators decided to convert to a holding company given the termination of the lease term contract with the State or BPA, and ultimately proposed a merger into a single corporation.

Economic Feasibility of REDD Project for Preventing Deforestation in North Korea (북한 산림전용 방지수단으로서의 REDD 사업의 경제적 타당성 분석)

  • Jo, Jang Hwan;KOO, Ja Choon;Youn, Yeo Chang
    • Journal of Korean Society of Forest Science
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    • v.100 no.4
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    • pp.630-638
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    • 2011
  • This study aims to verify the economic validity of the REDD project in North Korea by estimating the potential carbon credits and the cost of REDD project. The REDD potential credits of North Korea are estimated based on the international statistics of forest area and population from 1990 to 2010, and the cost of REDD project is estimated indirectly by annual land opportunity cost of agriculture assuming that South Korea will aid the food production per area in North Korea. When the 25% reduction scenario was applied to the annual deforestation rate in North Korea, the potential REDD credits were estimated to be $4,232million{\sim}5,290milliontCO_2eq.$ for 20 years. It would account for 28~35% of South Korea's national medium-term greenhouse gas reduction target. On the other hand, the break-even price of REDD project was calculated as the profit of agriculture in the land available by forest conversion in North Korea. It was estimated to be 19.19$/$tCO_2eq.$ when the non-permanence risk of forest conserved through a REDD contract is assumed to be 20%. This price is higher than the price of REDD carbon credit 5$/$tCO_2eq.$ dealt in the 2010 voluntary carbon market, leading to no economic feasibility. However, REDD project provides co-benefits besides climate mitigation. As previous studies indicate, the break-even price is lower than 20$/$tCO_2eq.$, which is the social marginal cost of greenhouse gas emissions by loss of forest. Therefore REDD in North Korea can be justified against the social benefits. The economic feasibility of REDD project in North Korea can be largely influenced by the risk percentage. Thus, North Korean REDD project needs a strong guarantee and involvement by the government and people of North Korea to assure the project's economic feasibility.