• Journal of Korea Trade
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• v.26 no.5
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• pp.88-105
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• 2022

Purpose - This paper studies whether economic sanctions can be used as grounds for a party to an international sales contract to get an exemption if he fails to meet his contractual obligation. Because the answer can differ depending on the governing law of the contract, this study focuses on CISG, the most widely recognized international uniform legal instrument as the governing law of the international sale of goods. Design/methodology - This paper focuses on analyzing the conditions to meet before getting an exemption under CISG. For such analysis, this paper examined various scholarly writings, cases, and hypothetical examples reflecting a wide variety of economic sanction measures. Findings - The findings of this paper are as follows. The main provision for exemption under CISG is Article 79(1), which provides for an exemption for a party that failed to perform if such failure was caused by an impediment that was uncontrollable, unforeseeable, and unavoidable; either a seller or a buyer may rely on the Article for his non-performance, delay, or defective performance. The Article is applicable not only where the economic sanction caused impossibility of performance but also where it caused hardship. The economic sanction will likely be found to be an uncontrollable impediment; however, it will be relatively more difficult to prove it to be unforeseeable or unavoidable. Originality/value - The subject of this paper is whether a party can be exempted from liability under CISG when he fails to perform his contractual obligations due to economic sanctions. Given that this issue is now actually faced by many involved in international trade, it is expected to provide practical help to practitioners and companies alike.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.385-417
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• 2017

Insurances of space activities are divided into satellite insurance, astronaut insurance and third party liability insurance. Against the background of the rapid development of space commercialization, especially the increasing participation of private entities in space affairs, the present international and domestic mechanisms of space insurance are challenged. As a space-faring state which is in the process of developing space businesses, the regulations of space insurance in China are deserved to be discussed. Satellites insurance is at present well-developed, the "pre-launch", "launch" and "in-orbit" phases of satellites are all possible to be insured by related companies. China created the CAIA in 1997 to provide insurance for Chinese satellites. However, with more private entities start to involve in space as well as satellite industry, the regime established under the framework of CAIA is necessary to be modified, and the mechanism relating to space insurance brokers should be promoted. The astronauts are recognized as the envoy of humankind, and relevant international regulations are made to provide assistance to them in emergency circumstances. From the domestic perspective, astronauts will be fully insured. China creates a particular type of insurance for astronauts. However, once space tourism becomes a business, the insurance of the tourist will be demanded to be created. In order to promote China's space tourism, it is recommended to take the "Astronaut Group Insurance" as an optional model to space tourists, if the tourists are customers of a governmental-owned space company. Once private involvement of providing orbital/suborbital tourism service becomes a reality, new rules are required. Getting a third party liability insurance is deemed as an indispensable precondition for an applicant to get a launch permission. Domestic space laws will include provisions for the third party liability insurance. China's "Interim Measures" of 2002 realizes the importance of third party liability insurance and requires the permit holder to get it before entering the launching site. This regulation is different from the practices of other states. Concerning that China is the sponsor of APSCO, for the purpose of promoting commercial space cooperation, a harmonized approach to domestic law is recommended to be found.

• Journal of Global Scholars of Marketing Science
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• v.8
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• pp.429-449
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• 2001

Objectives of this study were: First, The Purpose of this study is to develope the concept of Third-Party Logistics choice factors and to review effects of Third-Party Logistics choice Factors on the Logistics Performance. Second, to set up research model specifying relationships between Third-Party Logistics choice factors and the Logistics Performance of EC(Electronic Commerce) firms. Third, to test hypotheses derived from the research model of this study and to attempts to explain how to have the effect the Logistics Performance of EC firms. Marketing Implications of this study were: First, As a result factor analysis, Third-Party Logistics choice Factors was divided into three dimensions, credibility, the pursuit of relationship, and assets factors. Second, three factors which are credibility, the pursuit of relationship, and assets factors increase and enhance the Logistics Performance of EC firms. Limitations of this study were: First, validity and reliability of data collection methods used in this study were questionable for the lack of past researches in korea. Second, static research method was employed in this study. Generalization over different time interval was almost impossible from results of this study.

• The Journal of Information Systems
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• v.26 no.4
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• pp.247-284
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• 2017

Purpose The first purpose of this study is to investigate factors that are likely to influence user's intention to adopt third-party mobile payment platform. A comprehensive study about mobile payment services have used various variables to explain user's use intention based on the theory of reasoned action (TRA) or the theory of planned behavior (TPB). Variables such as simplicity, security, costs, relative advantage, individual mobility, subjective norm, trust, satisfaction, attitude towards use, perceived usefulness, perceived ease of use and so on. Among these factors, we expect to find out the most influential factors effecting user's use intention of the third-party mobile payment services. Second, we also examine whether the most influential factors have the same influence to different third-party mobile payment services by conducting comparative study of Alipay and WeChat Pay. Design/methodology/approach Empirical data for this study were collected from Chinese who has the experience using or have used Alipay or WeChat Pay. Participants needed to be familiar with Alipay or WeChat Pay because such users may be more aware of both the advantages and disadvantages of Alipay and WeChat Pay. We conduct a pilot test using Smart PLS 2.0, which includes 50 Alipay users and 82 WeChat Pay users. The result indicates that all the measurement fit for the context. And then 980 questionnaires were mainly sent out to the college students and the e-mails users randomly. To encourage participation, we give the participants a small gift as a present. Finally, we received a total of 683 replied. Data from respondents who gave incomplete or invalid answers were excluded to assure the validity of the constructs. 79 questionnaires were rejected, finally the valid data are 604 (with 372 Alipay users and 232 WeChat Pay users). Findings The results suggest that users' intention is determined by their trust on third-party mobile payment service and perceived usefulness of use. Comparative study results also indicated that the factors have different influence on Alipay group and WeChat Pay group, which offers a new aspect for academic field, and provides useful information to mobile payment service providers in China.

• Journal of Arbitration Studies
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• v.18 no.2
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• pp.79-102
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• 2008

When several parties are involved in a dispute, it is usually considered desirable that the issues should be dealt with in the same proceedings, rather than in a series of separate proceedings. This saves time and money. It avoids the possibility of conflicting decisions on the same issues of law and fact, since all issues are determined by the same tribunal at the same time. Where there is a multi-party arbitration, it may be because there are several parties to one contract, or it may be because there are several contracts with different parties that have a bearing on the matters in dispute. In international trade and commerce, for individuals, corporations or state agencies to join together in a joint venture or consortium or in some other legal relationship of this kind, in order to enter into a contract with another party or parties, where such a contract contains an arbitration clause and a dispute arises, the members of the consortium or joint venture may decided that they would each like to appoint an arbitrator. A different problem arises where there are several contracts with different parties, each of which has a bearing on the issues in dispute. A major international construction project is likely to involve not only the employer and the main contractor, but also a host of special suppliers and sub-contractors. Each of them will be operating under different contracts often with different choice of law and arbitration clauses. The appointment of the arbitrator or the composition of the arbitral tribunal should be in accordance with the agreement of the parties. The parties have to be equally treated in the constituting of the arbitral tribunal and the arbitral proceedings. However, the right of the parties to nominate a member of the arbitral tribunal could be taken away from them, if they are subject to the restrictions by means of the law of the country where the arbitration is taking place. That is, multiple parties jointly should nominate one arbitrator, where there they have to exercise their substantive right in common, or one of them exert his substantive right, then it has an effect on another parties, or they, whether as claimant or as respondent, get the same or similar treatment in the arbitral procedure. Therefore it is necessary to intend to settle multi-party disputes quickly and efficiently.

• The KIPS Transactions:PartC
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• v.12C no.7 s.103
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• pp.949-958
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• 2005

In the paper we study key agreement schemes when a party needs to establish a session key with each of several parties, thus having multiple session keys. This situation can be represented by a graph, tailed a key graph, where a vertex represents a party and an edge represents a relation between two parties sharing a session key. graphs to establish all session keys corresponding to all edges in a key graph simultaneously in a single session. A key agreement protocol of a key graph is a natural extension of a two-party key agreement protocol. We propose a new key exchange model for key graphs which is an extension of a two-party key exchange model. using the so-called randomness re-use technique which re-uses random values to make session keys for different sessions, we suggest two efficient key agreement protocols for key graphs based on the decisional Diffie-Hellman assumption, and prove their securities in the key exchange model of key graphs. Our first scheme requires only a single round and provides key independence. Our second scheme requires two rounds and provides forward secrecy. Both are proven secure In the standard model. The suggested protocols are the first pairwise key agreement protocols and more efficient than a simple scheme which uses a two-party key exchange for each necessary key. Suppose that a user makes a session key with n other users, respectively. The simple scheme's computational cost and the length of the transmitted messages are increased by a factor of n. The suggested protocols's computational cost also depends on n, but the length of the transmitted messages are constant.

• Journal of Arbitration Studies
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• v.17 no.2
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• pp.101-124
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• 2007

The legal systems and open-door policies to foreign affairs in North Korea have been followed by those of China. Whereas an arbitration system of South Korea accepted most parts of UNCITRAL Model Law, North Korea has succeeded to an arbitration system of a socialist country. China, under the arbitration system of socialist country, enacted an arbitration act reflected from UNCITRAL Model Law for keeping face with international trends. We have used these three arbitration system as a tool for analyzing an arbitration system in North Korea. With an open-door policy, North Korea and China enacted an arbitration act to provide a legal security. Therefore, the core parts of arbitration system in North Korea and China are based on a socialist system while those of South Korea is on liberalism. So, North Korea and China enacted an arbitration act on the basis of institutional arbitration, on the other side, South Korea is based on ad-hoc arbitration. Because of these characters, in terms of party autonomy, it is recognized with the order as South Korea, China and North Korea. Also North Korea enacted separate 'Foreign Economic Arbitration Act' to resolve disputes arising out of foreign economies including commercial things and investments. There are differences in arbitration procedures and appointment of arbitrators : South Korea recognizes parties' autonomy, however parties should follow the arbitration rules of arbitration institutes in North Korea and China. According to an appointment of arbitrators, if parties fail to appoint co-arbitrators or chief arbitrators by a mutual agreement, the court has the right to appoint them. In case of following KCAB's rules, KCAB secretariats take a scoring system by providing a list of candidates. A party has to appoint arbitrators out of the lists provided by arbitration board(or committee) in North Korea. If a party may fail to appoint a chief arbitrator, President of International Trade Arbitration Board(or Committee) may appoint it. In China, if parties fail to appoint a co-arbitrator or a chief arbitrator by a mutual agreement, Secretary general will decide it. If a arbitral tribunal fails to give a final award by a majority decision, a chief arbitrator has the right for a final decision making. These arbitration systems in North Korea and China are one of concerns that our companies take into account in conducting arbitration procedures inside China. It is only possible for a party to enforce a final arbitral award when he applies an arbitration inside North Korea according to International Trade Arbitration Act because North Korea has not joined the New York Convention. It's doubtful that a party might be treated very fairly in arbitration procedures in North Korea because International Trade Promotion Commission controls(or exercises its rights against) International Trade Arbitration Commission(or Board).

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.461-494
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• 1999

This study is to analyse the applicability of governing law in multi-party contractual relationship of letter of credit. And this study is also to suggest the limits of the possibility of applicable law in multi-party contract. The contract of letter of credit constitutes complex relationship, i.e., applicant -beneficiary, applicant-issuing bank, issuing bank-intermediary bank ect. The law applicable to letter of credit should not use a singular governing law in all credit transaction as sales contract. To solve these problems, the author analysed the law applicable to the credit under multi-party contractual relationship as follow : (1) the principle of party autonomy (2) In the absence of express agreement with regard to the law applicable to the contract, lex loci contractus, lex loci solutionis, the law intended by the parties, the law with which contract is most closely connected. Accordingly, when attempting to ascertain the law governing the credit, it should be borne in mind that the credit involves several contractual relationships. I would like to conclude as follows: 1. The contract between the applicant and the Issuing bank is to be governed by the law of the country where the contract is made, and in which the bank carries on business and has issued the credit. 2. When it comes to the beneficiary-Intermediary bank relationship the following rule is given : The liability of an intermediary bank to the seller is governed by the law the country where the intermediary bank is operating if it is acting as principal. If, however, it is acting as agent(advising bank), it will be the law of the country where his principal is situate. 3. The contract between the beneficiary and the Issuing bank is governed by the law of the country where the payment is to be performed. 4. The contract between the Issuing bank and Intermediary bank is governed by 1) the law of the issuing bank is applicable if the intermediary bank only advises the credit, 2) the law of the issuing bank is applicable but if the intermediary bank makes payment, accepts or negotiates drafts against the tender of the documents, i.e., act as the bank dffecting the payment., 3) the law of the confirming bank is applicable if the irrevocable letter of credit is confirmed by the intermediary bank

• Journal of the Korea Institute of Building Construction
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• v.20 no.2
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• pp.137-145
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• 2020

The recent bridge construction projects demand thorough and systematic safety and risk management, due to the increase of risk factors following the introduction of new and complex construction methods and technologies. Among many types of damages that can occur in bridge construction projects, the damages to third parties who are not directly related to the existing property of the contractor construction project can also bring about critical loss in the project in order to compensate the damages. Therefore, risks that could be caused by the loss occurred to indemnify the third party damages should be clearly analyzed, although there are not subsequent amount of studies focusing on the issue. Based on the past record of insurance payment from domestic insurance companies for bridge construction projects, this study aimed to analyze the risk factors of bridge construction for loss caused to compensate the third-party damages happened in actual bridge construction projects and to develop a quantified and numerical predictive loss model. In order to develop the model, the loss ratio was selected as the dependent variable; and among many analyzed independent variables, the superstructure, foundation, flood, and ranking of contractors were the four significant risk factor variables that affect the loss ratio. The results produced can be used as an essential guidance for balanced risk assessment, supplementing the existing analysis on material losses in bridge construction projects by taking into account the third-party damage and losses.

• Journal of Digital Convergence
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• v.9 no.1
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• pp.189-200
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• 2011

Social media environment has had a significant effect on 'power shift' over the world. Such change was due to the choice of smart people. Accordingly, the Smart Citizens Party PR strategies of $S^6M^2AR^3T^4$ should be formulated in accordance with times. Now, politicians or parties can gain a Specific, Simplicity, Sharing and Strong Synergy effect through Social Network Service (SNS). In addition, in order to embody Mighty, Measurable, and Achievable policies, policy-makers should formulate policies based on a Realistic basis, which can gain people's Reliability in every field Relevant to people's way of a happy life by giving them Time of equal opportunity and making them share the same vision and Target with Target segmentation for all sorts of people, Together. In this sense, twelve kinds of alternative words in The Smart Citizens Party PH strategies are suggested. The study suggests desirable direction of development and alternatives in regard to the trends of The Smart Citizens Party PR strategies. Alternatives that are given in this research paper will receive the people's choice because they are a dynamic force to execute 'mighty and powerful Korea'.