• International Commerce and Information Review
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• v.15 no.1
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• pp.35-65
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• 2013

In December 2012, the Ministry of Land, Transport and Maritime Affairs and Ministry of Knowledge Economy held a commission and distributed a standardized logistics contract between the shipper and the logistics companies in order to spread and to promote contract standardization. With such background in place, this study examines the leading research on different types and attributions in present logistics contracts in order to propose guidelines for creating contract clauses that would lead to a win-win relationship among the parties involved in the logistics outsourcing relationships. This study further compares and contrasts the concreteness of local and international logistics contracts through case studies, and provides practical thought-provoking points on concretization of clauses on potential risks and additional expenses for local logistics companies when signing logistics contracts. Firstly, the composition and contents of both local and international logistics contracts are similar in the way that both deal with the basic principles between the concerned parties such as the following: contract terms, validity, scope of work, operational procedures, payment terms, and dispute resolutions. Secondly, for flexibility of potential dispute resolution, both logistics contracts define the definition of dispute and follow the classical contractual approach of dispute resolution through third-party arbitration. Thirdly, compared to local contracts, international logistics contracts provide more concretized and specific clauses on the occurrence of potential risks and hazards; on the other hand, compared to international logistics contracts, it seemed that local contracts contained more clauses in favor of the shipper. This research then suggests ideas to eliminate the classic tradition - logistics companies enduring the damages that occur as a result of the structural differences between the shipper and the logistics companies - through efforts to actively negotiate in advance the predictable problems and risks and by reflecting the mutually agreed points in the contract, and further offers guidelines on contract concretization for distribution of standardized logistics contracts in the future.

• Journal of Korea Port Economic Association
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• v.25 no.3
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• pp.93-116
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• 2009

As the popularity of logistics service outsourcing has been continuously growing, one of the most frequently addressed issues is how to estimate the effect of cost reduction for users and profit gains from outsourcing contract for providers. Many manufacturing companies agree that logistics outsourcing helps to reduce their operating costs, but some other companies still do not achieve the cost saving or do not trust logistics service providers, so they keep up in-house logistics operations. On the other hand, logistics service providers have low profitability from domestic business activities since they should meet the requirements for highly customized and diverse services from customers and unstable market situation. This study provided the status report dealing with logistics service contracts in Korea. From the focused group interview with logistics professionals, we found out that service scope, scale and cost structure are the most influential factors affecting logistics service contracts. Also, logistics service providers are more sensitive than users regarding value-added logistics service, contract duration and process. Moreover, this study also proposed the standard clauses for logistics service contract and types of logistics contract applied in current logistics fields. As a result, it is expected that these achievements from this study can be utilized to improve the satisfaction of logistics outsourcing in upgrading service quality and customer service level.

• Journal of Korea Trade
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• v.27 no.4
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• pp.1-18
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• 2023

Purpose - The purpose of this paper is to study how flexibility and mutuality in determining trade terms impact logistics efficiency in the context of relational theory. Additionally, the effect of relational contracts on logistical efficiency relative to the value of the goods being traded is investigated. Design/methodology - According to the relational contract theory, we developed 17 factors utilizing a 7-point Likert scale to measure variables related to flexibility, mutuality, logistics efficiency, and the added value of goods. The survey occurred over four months, and was distributed directly, and via email, phone, and online Google surveys. A total of 403 surveys were collected out of 1,800 distributed, and 380 were analyzed. The principal respondents were import/export companies and members of the Korea International Trade Association and the Korea Small and Medium Business Export-Import Association. The collected data were analyzed using frequency analysis, exploratory factor analysis, and correlation analysis using SPSS ver. 26.0 statistical software, and hypothesis test results were derived using Process Macro ver. 3.5. Findings - This study provides evidence that negotiation flexibility for trade terms affects the efficiency of the logistics process, and the mutuality of such arrangements is shown to be associated with the flexibility and efficiency of logistics processes. Additionally, it has been established that companies whose trade goods possess a low degree of added value may experience increased efficiency in logistics operations if they agree to trade terms that are both flexible and mutually beneficial with their counterparts. Originality/value - This study suggests that in an environment of rapidly shifting global logistics and unpredictable related costs, trade companies may be able to improve logistics efficiency by establishing flexible, mutually beneficial trade terms when entering into contracts. Furthermore, it is suggested that companies dealing in low-value-added products may improve the logistical performance of approaching trade from a perspective of relational contracts.

• Korea Trade Review
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• v.45 no.1
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• pp.221-239
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• 2020

Among various export contracts, the contents of contracts are very important. Various companies make use of this method. [Which method are you talking about?] However, the Korean law system has an insufficient understanding of the international legal system. This paper looks into the conditions related to contracts in relation to the legal system. This paper analyzes not only the Korean civil law system about illegality of contracts but also makes a comparison with other international systems, such as the UNIDROIT Principles. Especially, the Korean civil law system about the illegality of contracts is comparable with the UNIDROIT Principles system about illegality of contracts. The purpose of this paper is to examine the revitalization of Illegality of Contract. This paper also deals with improvement of International Commercial Activation. Thus, this paper will offer directions to International Trade Practitioners. There is disagreement regarding methods of action related to international trade practice. Especially, this study is good for commercial parties, especially overseas sales people.

• Korea Trade Review
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• v.44 no.6
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• pp.69-85
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• 2019

Logistics outsourcing businesses consist of the three main stages of bidding, contracting, and operations. This study focuses on the impacts of factors in the logistics outsourcing stages on outsourcing performance. Key factors in each stage may have direct influences on logistics partnerships and performance. Also, factors of each stage may impact the factors of subsequent stages. The relationships were examined using a structural equation model and verified by PLS (partial least square)-SEM methodology. Study results were as follows. First, the uncertainty of the shipper in the bidding phase affects the flexible contract in the contracting phase, and thus, affects the satisfaction of the logistics outsourcing services. Second, the uncertainty of the shipper in the bidding phase affects operations through contracts, and positively affects logistics outsourcing satisfaction through trust and cooperation.

• Korea Trade Review
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• v.45 no.5
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• pp.279-301
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• 2020

In the absence of any guidance under statutory law, such as the Rules for Construction of Policy, MIA 1906, judges should follow the general principles of interpretation that apply to all contracts. In simple terms, Contra Proferentem Rule means that if the contents of the terms and conditions are ambiguous, they are interpreted against the writer of the terms and conditions. In the Anglo-American Contract Law, the 'default rule' is an important judicial tool that can supplement defects in contract norms and reinforce the principle of private autonomy through gap-filling techniques related to the interpretation of contracts. In Korea, it is sometimes mentioned in case of precedent, and it has been established as a clear rule. This study analyzes the interpretation of terms and conditions is not in the form that the interpretation of other general contracts and other interpretation principles are valid, but contracts based on terms and conditions are also contracts, and as a general rule, the interpretation of terms and conditions is explained like the general contract interpretation.

• Journal of Korea Society of Industrial Information Systems
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• v.27 no.1
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• pp.135-146
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• 2022

A safe working environment is an important and crucial factor in the operation of a firm, and is also essential for logistics companies in supply chain management. This study confirmed that the safety climate and safety prevention activities have a positive relationship with safety behavior from the perspective of domestic small and medium-sized logistics companies that continue their business relationships by signing contracts with large logistics companies. In addition, the moderating role of regulatory uncertainty and competition uncertainty in the previous positive relationship was empirically examined.

• Journal of Korean Society for Quality Management
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• v.50 no.2
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• pp.251-264
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• 2022

Purpose: This study aims to contribute to the research flow on the relationship between win-win supportive collaboration and safety, while noting that win-win supportive collaboration affects corporate safety-related factors such as climate, safety prevention, and behavior from the perspective of domestic small and medium-sized logistics companies that have signed contracts with large logistics companies, Methods: Based on responses from 147 small and medium-sized logistics companies, structural equation modeling is performed to examine the relationship among the factors such as supportive collaboration, safety climate, safety prevention, safety behavior. Results: Study results are as follows. Supportive collaboration of large logistics companies influence the formation of a safety climate and safety behavior within logistics SMEs positively. In addition, safety prevention and safety behavior are affected by safety climate in a positive way. Conclusion: Win-Win supportive collaboration is a driving force behind safety management practices in the supply chain leading to safety management performance, so it is necessary to consider it for the growth of the sustainable supply chain.

• Journal of the Korea Society of Computer and Information
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• v.25 no.5
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• pp.217-227
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• 2020

In this paper, I propose that what factors affect logistics companies' adoption of blockchain technology and to analyze the effects of blockchain technology on logistics performance. The variables influencing the adoption of blockchain technology were presented based on the TOE frame. Expected profit, organizational readiness, technology compatibility, and competitive pressure were suggested as factors to adopt blockchain technology. Also, as a blockchain technology, smart contracts and information transparency were presented. Logistics performance suggested agility and alignment. A survey was conducted with Korean logistics companies. Looking at the results of analyzing the collected data, it was found that expected profit and technology compatibility have a positive effect on this blockchain technology (smart contract, information transparency). Organizational readiness was found to have a positive effect on information transparency. Blockchain technology was found to have a positive effect on logistics performance.

• Journal of Korea Trade
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• v.26 no.7
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• pp.167-184
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• 2022

Purpose - This paper analyzes all possible issues that need to be considered in case disputes occur with regard to force majeure in international commercial contracts through the comparative study between English and Korean during COVID-19. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The juridical approach involves studying and examining theories, concepts, legal doctrines, and legislation that are related to the problem. Findings - English law does not permit general economic impracticability to qualify as a valid force majeure event. If a party asserts that they were prevented from performing the contract, the courts will examine this strictly. Many commercial contracts in a broad range of sectors and industries are chosen by parties to be governed by English law. With COVID-19, there have been discussion of parties being released from performance as a result of force majeure. Meanwhile, under Korean law, a force majeure event should be unforeseeable and beyond a party's control. Since COVID-19 is a known event for future contracts, to avoid the risk that a similar situation in the future is deemed foreseeable and under a party's control, parties must ensure that such a risk is properly addressed in a contract. Therefore, it is necessary to have a new clause to cover a pandemic. Originality/value - In light of the ongoing unexpected and uncertain economic impacts COVID-19 is expected to bring to the world, it is anticipated that companies will experience an increased number of claims involving force majeure around the world, including English and Korea. As such, taking proactive steps to assess the applicable legal principles, including the concept of force majeure of contract, will help companies be prepared for the financial or legal implications of COVID-19. In this regard, it would be advisable for companies and businesses to take specific actions.