• Ocean and Polar Research
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• v.37 no.1
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• pp.81-90
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• 2015

International Seabed Authority (ISA) is currently developing rules with regard to exploitation of manganese nodules which will be contained in its first regulations governing the exploitation of deep seabed mineral resources. A stakeholder survey was conducted in the early 2014 by ISA with the aim of facilitating participation of interested entities in the development process of the rules. The stakeholders who had replied to the survey included existing contractors, sponsoring States, environmentalists, academics, and nongovernmental organizations. Opinions given by them largely reflect their own interests. This paper aims to clarify the scope of the obligations regarding the environmental protection which may be imposed on contractors under the new regulations for the exploitation of manganese nodules. To do so, it first analyses the express provisions on environmental protection applicable to deep seabed mining included in the Law of the Sea Convention, its agreement on implementation of Part XI, and the regulations on exploration for manganese nodules. Secondly, it categorizes these obligations based on the categories of international obligations suggested by Combacau and Alland. Based on the categorizations this paper concludes that, in addition to the existing duties to protect deep seabed environment within the Law of the Sea Convention system, the following new obligations could be added: conservation of exploitation sites for a limited time after the contract is ceased; taking all necessary measures for rehabilitation of destroyed ecosystems that occurredas a result of mining activities; monitoring exploitation sites for a limited period time after the contract is ceased; observing rules and standards on safety of ships and environmental protection adopted under IMO instruments; regulation on the discharge of mine tailings from the facilities used for exploitation of deep sea minerals. Lastly, this paper attempts to provide ways of reflecting national interests in terms of potential obligations which may be included in the new regulations.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.17 no.5
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• pp.205-221
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• 2022

In this study, the authors investigated the effect of salesperson's Selling Influence Tactics (SIT) on customers' psychological obligation, trust in salespersons and repurchase intentions in the offline cosmetics purchase channel. In addition, we examined the moderating effect of service quality perceived by customers. To this end, a survey was conducted on 298 customers who had purchased cosmetics through the offline sales channel, and the authors conducted hypothesis testing through a structural equation model. As a result of the study, first, among salesperson's sales influence tactics, emotional appeal tactics (H1a), customer ingratiation tactics (H1d), and personal appeal tactics (H1e) were found to affect the psychological obligation of customers, and emotional appeal tactics (H2a), rational persuasion tactics (H2b), information provision tactics (H2c), and customer ingratiation tactics (H2d) were found to affect trust in salespeople. Third, it was found that the psychological obligation did not have a positive (+) effect on the customer's repurchase intention, and the customer's trust in the salesperson had a positive (+) effect on the repurchase intention. Third, perceived service quality showed a significant moderating effect between psychological obligation and repurchase intention, trust in salesperson and repurchase intention. In previous studies on salesperson's Selling Influence Tactics (SIT), many studies examined salesperson's Selling Influence Tactics (SIT) by specifying sub-variables in a limited way, and studies confirming marketing factors such as repurchase intention were also insufficient. Therefore, the results of the empirical research confirmed based on this study are expected to help the standard or direction of the salesperson's Selling Influence Tactics (SIT) in future studies. In addition, this study describes implications for providing help in employee education and management for small business owners who manage and operate offline cosmetics stores, and sales strategies that should be strategically established to improve perceived service quality for customers.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.76
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• pp.125-145
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• 2017

Where an insurer has unreasonably refused to pay a claim or paid it after unreasonably delay, the existing law in England does not provide a remedy for the insured. Accordingly, the insured is not entitled to damages for any loss suffered as a result of the insurer's unreasonable delay. This legal position differs from the law in Scotland and most major common law jurisdictions. LC thought that the legal position in England is anomalous and out of step with general contractual principles. LC considered that a policyholder should have a remedy where an insurer has acted unreasonably in delaying or refusing payment of claim, and, therefore, recommended a statutory implied term in every insurance that the insurer will pay sums due within a reasonable time and breach of that term should give rise to contractual remedies, including damages. More detailed recommendations of LC are as followings. First, it should be an implied term of every insurance contract that, where an insured makes a claim under the contract, the insurer must pay sums due within a reasonable time. Secondly, a reasonable time should always include a reasonable time for investigating and assessing a claim. Although a reasonable time will depend on all the relevant circumstances, for example, the following things may need to be taken into account, that is, (1) the type of insurance, (2) the size and complexity of the claim, (3) compliance with any relevant statutory rules or guidance, and (4) factors outside the insurer's control. Thirdly, if the insurer can show that it had reasonable grounds for disputing the claim(whether as to pay or not, or the amount payable), the insurer does not breach the obligation to pay within a reasonable time merely by failing to pay the claim while the dispute is continuing. In those circumstances, the conduct of the insurer in handling the dispute may be a relevant factor in deciding whether the obligation was breached and, if so, when. Fourthly, Normal contractual remedies for breach of contract should be available for breach of the implied term to pay sums due within a reasonable time. Finally, In non-consumer insurance contracts, the insurer should be permitted to exclude or limit its liability for breach of the obligation to pay sums due within a reasonable time, unless such breach was deliberate or reckless, and such an insurer's right to contract out will be subject to satisfying the transparency requirements.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.187-210
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• 2011

International transactions have the threat of non-payment by the buyer or non-performance by the seller. Parties tend to search for additional means of securing performance and payment beyond the mere agreement in the contract. Such security may be achieved by means of a letter of credit. When contracting parties have agreed to pay by means of a letter of credit, the buyer's bank takes upon itself the obligation to pay the purchase price when the seller tenders the documents that are stipulated in the letter of credit. The documents must comply strictly with the terms of the credit.. The documents play a crucial role in letter of credit transaction. The principles of abstraction, separability and strict compliance governing the letter of credit transaction are considered. The concept of fundamental breach of Article 25 CISG was discussed. This article examines whether a failure to deliver documents conforming to the terms of the letter of credit can constitute a fundamental breach of the sales contract as defined by Article 25 of the CISG by the seller and thereby enable the buyer to avoid the contract. For letter of credit transactions it should be accepted that the delivery of non-performing documents constitutes a fundamental breach, if the result of this breach is that the bank refuses to pay the price for the goods. On the other hand, in the interpretation of Article 25 CISG, it should be noted that if the parties have agreed to payment by means of a letter of credit, they have simultaneously agreed to apply the strict compliance principle to the delivery of documents in the sales contract. Finally the parties should ensure that inconsistency between the requirements under the documentary credit and the requirements under the contract of sale is avoided, since the buyer may be in breach of his payment obligation if the seller cannot get paid under the documentary credit when his documents conform with the contract of sale.

• Journal of the Korean Society of Safety
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• v.37 no.1
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• pp.20-29
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• 2022

To stem the ever-prevalent occurrence of industrial accidents in the construction industry, which is emerging as a social problem, efforts must be invested by various stakeholders. Specifically, among stakeholders, the orderer is at the top of a project's decision-making structure. Therefore, the orderer's awareness of safety and health directly affects the process of securing the safety of the overall construction site. In this light, the present study aims to identify differences in the perceptions of each stakeholder regarding the obligatory safety and health measures for clients that have recently been introduced. In addition, it suggests specific implementation plans in the Korean context. The data used for analysis were collected through a survey targeting stakeholders such as orderers, safety managers, and site managers, and the collected data were quantitatively reviewed by using multivariate analysis methods such as analysis of variance. As a result of the analysis, the introduction of safety and health obligations for the owner was found to be necessary, and the designation and operation of safety and health experts as an action plan was deemed reasonable. The authors expect that the results of this study can be used as basic data for revising the related regulations in Korea. Moreover, as a further study, a review of the effectiveness after improving regulations would contribute strongly to the domain.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.71
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• pp.147-170
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• 2016

International maritime law conventions concerned with cargo liabilities have sought to achieve solutions which will be acceptable to a wide range of states. The Rotterdam Rules was approved by the UN Assembly on 11 December 2008. The Rotterdam Rules are intended to replace The Hague and Hamburg Rules. This paper is comparing The Rotterdam Rules with The Hague and Hamburg Rules for the carrier' liabilities and exceptions in order to find carrier' liability System, the burden of proof and exceptions in the International maritime Rules. The purpose of this paper is considering the carrier's principal recourse for defending himself inmost cargo claims. The first area analyze the transfer of carrier's fundamental Liability system in the International Rules. The second is the matter on the appointment of proof in order to establish liability or to be relieve of liability. And the third is the change of the carrier's possible exclusions from liability in the International maritime Rules. From the result of the said analysis, my paper suggests differences of the exclusions in the Rotterdam Rules comparing with the Hague and Hamburg Rules, and features of the Rotterdam Rules appling exceptions on the basis of the Hague and Hamburg Rules with regard to carrier's liability and burden of proof. The former is the inclusion of three exclusions, the deleted natural fault, and The provision making the carrier responsible for the acts of its servants or agents in the 'fire on the ship' of the Rotterdam Rules. The latter is deleting the principle of overriding obligation related to carrier's obligation of seaworthiness in the Rotterdam Rules, the burden of proof being diverted from the carrier to the carrier and the shipper in the cargo damage caused by two factors(one for which the carrier was liable and the other for which it was excusable) in the new rules.

• International Commerce and Information Review
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• v.15 no.1
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• pp.357-379
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• 2013

Recently, the government was introduced as currency for earning of raw materials purchasing system for electronic Government management of foreign trade in 2011, and revised regulations for electronic proof of purchase. In addition, the currency for earning of raw materials, such as procurement system in 2012, followed by electronic proof of purchase local letter of credit. The government electronic trading will be promoting local trading of electronic procedures. This study will be a preceding research on the goods control system for acquiring foreign currency and the obligation of using digitalized approval of purchase due to the revision of foreign trade law. Also, it will conduct theoretical and legal research regarding the obligation of digital establishment of the local L/C which is a result of amendments to the rules of operation for the Bank of Korea's trade finance. Further, it will analyze the legal and operational problems and its response plans for the establishment of the local trade integrated management system which promotes the digitalization of the local trade process.

• The Korean Society of Law and Medicine
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• v.14 no.1
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• pp.303-354
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• 2013

In 2012, the major jurisdictions regarding medical cases caused the controversial issues towards medical and legal fields by getting the judgments from the Supreme Court, which admitted the exceptional admissibility on discretionary grant. By regarding the serial negligence of medical organizations as a separate tort, the sentences which made up irrationality, were spoken by the court. As a result, if the treatment was made, which did not follow the entered matters in medical documents attached, the court announced the jurisdiction that presumes the negligence, which provided the evidence of negligence; on the other hand, this gave had the burden to medical branch to take great care for medicinal treatment. To be applicable for the Principle of Trust, the doctors have to give and take the necessary information for the treatment process and symptom decisions, which also commented in the court. Thus, this case made it difficult to apply the Principle of Trust and considered all the conditions as tough ones, which eventually induced lesser faults for patients' care. Moreover, the court confirmed that the medical ads sending the emails to the members belong to the internet portal sites, are not the inducing behavior by considering that the actions are only medical ads. Furthermore, in the case of Namsu Kim, the court's interpretation was rather limited the definition for medical practice that announced limited Erweiterung der Strafbarkeit cases by lower courts. As a consequence, it is very interesting whether the Supreme Court may change their position and concerning the duty of explanation, the trend to expand the contents and scopes for the duty of explanation continues by admitting instruction explanation obligation and all the compensations and so on.

• Journal of Environmental Impact Assessment
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• v.22 no.4
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• pp.291-302
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• 2013

The aim of this study is to assess the social value of Ham-Pyung Butterfly Festival in the year of 2011. The tool for the assesment is the zonal travel cost method. The result of the study can be summed up as follows; First, the average individual consumer's surplus measures approximately from 29,700 to 30,100 Won. Second, the total consumer's surplus, that is the social value of the festival, ranges approximately from 7.6 to 7.7 billion Won. The most beneficiary of the event is turned up to be the people who are living in the outside of Ham-Pyung and go on a tour there. For that reason, the central government looks to have the obligation to support and to sponsor the festival.

• Korea Trade Review
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• v.46 no.2
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• pp.93-106
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• 2021

This study analyzes trade communication methods by comparing and analyzing payment methods and procedures of L/C and BPO transactions. As a result of the study, BPO transaction is validated based on the combination results of the confirmed baseline and data set unlike the L/C transaction. Therefore, BPO is superior to L/C transaction in that there is no confrontation between the parties over the matching results. And it can proceed with certain transaction that is paid first and proved later. In addition, the process of accepting data mismatches results in a confirmation of the payment commitment considering the intention of the importer. This allows flexible disposition of documents in response to the post payment situation as long as the documents are held by the exporter, which can be said to be superior to the L/C transaction.