• Title/Summary/Keyword: security goods

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Legal Relations of the Contract of International Carriage of Goods by Air (국제항공화물운송계약(國際航空貨物運送契約)의 법률관계(法律關係) -화주(貨主)의 권리의무(權利義務)를 중심(中心)으로-)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.193-222
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    • 1989
  • The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.

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A study on the problems in appling CIF, Incoterms 1990 into the contract of sale. (1990년(年) 인코텀즈에 따른 CIF조건(條件)의 활용상(活用上)의 문제점(問題點))

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.6
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    • pp.11-51
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    • 1993
  • This study is focused on the problems and the suggestions of proper ideas for solving them which are arisen from appling CIF, Incoterms 1990 into the contract of sale after reviewing of the contents of traditional CIF contract and the main changes of CIF, Incoterms 1990. This study summerized as follows: First, when the seller provide the buyer with non-negotiable sea waybill or inland waterway document instead of negotiable bill of lading, it is my feeling that the essence of symbolic delivery in traditional CIF contract is fading. And if the buyer has paid for the goods in advance, or a bank wishes to use the goods as security for a loan extended to the buyer, it is not sufficient that the buyer or the bank be named as consignee in a non-negotiable document. This is true because the seller by new instractions to the carrier could replace the named consignee with someone else. To protect the buyer or the bank it is therefore necessary that the original instructions from the seller to the carrier to deliver the goods to the named consignee be irrevocable. Second, CIF term can only be used for sea and inland waterway transport. When the ship's rail serves no practical purposes such as in the case of roll-on/roll-off or container traffic, CIP term instead of CIF term is more appropriate to use. Third, the EDI method still contains many legal and technical problems to be solved in order to be used thoroughly' in the international sale of goods. Therefore, the parties wishing to replace the traditional paper-based trade documents by electronic messages must exchange the agreement on EDI each other in order to prevent and sol ye unexpected problems. Forth, it may be that the goods are to be carried in bulk without such marking or naming of consignee as would amount to appropriation. Then the risk will not pass until effective appropriation has been made. Therefore, the seller needs to appropriate by issuing of separate bills of lading or delivery orders for parts of the bulk cargo. And in case the goods are bought while they are carried at sea, some problems on the passing of risk would arise. One possibility is that the buyer might have to assume risks which have already occured at the time when the contract of sale is entered into force. The other possibility would be to let the pissing of the risk concide with the time when the contract of sale is concluded. The parties are advised to ascertain the applicable law and any solution which might follow there form. Finally, Incoterms are restricted to deal with the main principles for the division of functions, costs and risks between the parties and the rest is left to their individual contract as supplemented by the custom of the trade, the individual terms of the contract of sale and the applicable law. Thus, the parties are advised to ascertain the applicable law on their individual contract of sale in order to solve the problems on the transfer of property, the remedy and so on.

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A Study on the Electronic Clearance System of the Advanced Countries and Korea (선진국과 한국의 전자통관제도에 관한 연구)

  • Eom, Kwang-Yeol;Song, Seon-Uk
    • International Commerce and Information Review
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    • v.5 no.2
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    • pp.185-204
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    • 2003
  • Electronic Clearance System in the Advanced Countries give sane hints Clearance System in Korea to improve. It is as follows. It is necessary to enhance the economical efficiency and rapidity on clearance system. It is important to improve the conveniency of importer and export through all day services in customs. It is necessary to control export and import goods efficiently for guarantee of security. Export entry data in export country has to linked with import entry data in import country to improve speedy, correctness, and efficiency. It is necessary to solve the security problems through the use of the latest cryptograph.

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Analysis of Freight Big Data using R-Language (화물 배차 빅데이터 분석)

  • Selvaraj, Suganya;Choi, Eunmi
    • Proceedings of the Korea Information Processing Society Conference
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    • 2018.05a
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    • pp.320-322
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    • 2018
  • Data analysis is a process of generating useful information by evaluating real-world raw data for making better decisions in business development. In the freight transport logistics companies, the analysis of freight data is increasingly garnering considerable importance among the users for making better decisions regarding freight cost reductions. Consequently, in this study, we used R programming language to analyze the freight data that are collected from freight transport logistics company. Usually, the freight rate varies based on chosen day of the week. In here, we analyzed and visualized the results such as frequency of cost vs days, frequency of requested goods in ton vs days, frequency of order vs days, and frequency of order status vs days for the last one-year freight data. These analysis results are beneficial in the viewpoint of the users in ordering process.

Economic and Information Principles for Cargo Delivery Management in Global Network Supply Chains

  • Savchenko, Liliia;Biletska, Natalia;Buriachenko, Oleksii;Shmahelska, Marina;Коpchykova, Іnnа;Vasylenko, Igor
    • International Journal of Computer Science & Network Security
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    • v.21 no.12spc
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    • pp.443-450
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    • 2021
  • The study is devoted to the formation of a economic principles cargo delivery management in global supply chains. Mathematical model of delivering special categories of goods by road is a key element of these principles. The article analyzes the existing studies on solving the problem of cargo delivery in various aspects. It was noted that the greatest attention is paid to legal regulation, last mile delivery, optimization of routes and delivery schemes, information support, technological innovations, cluster routing, etc. In the developed mathematical model a minimum of total costs of forming loading units and freight shipments was defined as the criterion of optimality of organizing delivery by motor transport. The authors propose the creation of logistics clusters allowing the integration of urban transport flows and global supply chains.

Using GIS to Determine the Best Areas for Displacement from Khartoum State to Other States in Sudan

  • Eihab A. M. Osman
    • International Journal of Computer Science & Network Security
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    • v.24 no.1
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    • pp.23-30
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    • 2024
  • This study tries clarify the process of making decisions with geographic information systems and how to choose the best place for Khartoum State displaced people to relocate to in order to be closer to cheaper places with access to commodities and services. For network analysis, use a unique model. The network analysis tool was dependent on the following information: availability of goods and services, cheap cost, and proximity to the state of Khartoum.in choosing the best state. The study came to the conclusion that, in terms of accessibility, affordability, and availability of products and services, Gezira State is the best state for people who have been displaced from Khartoum State.When developing a new model, we recommend that all GIS users apply the theories of spatial analysis.

Design and Implementation of Warehouse Management System Simulator (창고관리시스템 시뮬레이터의 설계 및 구현)

  • Kim, Chi-Taek;Lee, Min-Soon;Lee, Byoung-Soo
    • Convergence Security Journal
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    • v.8 no.4
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    • pp.73-80
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    • 2008
  • In this paper, we developed a WMS (Warehouse Management System) Simulator. There is no Simulator that supports optimized design for Warehouse, consider goods which storage in warehouse and using RFID and USN based on cable wireless network. Also, there is no tool for monitoring which decides delivery time with information about temperature, humidity and illumination, after goods are stocked into warehouse. In this paper, WMS Simulator Implements function of drawing a blueprint. The Simulator that can analyze moving information of Palette with RFID tags and the change about temperature, humidity and illumination is developed in this paper. Inventory accuracy, space equipment practical use, and decreasing of picking time, faulty storage and product loss by product processing ability elevation are expected by designing the way of operating of warehouse for most suitable use of system in physical distribution through these treatise.

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QRIS as a Drivers of Product Distribution Flows in Indonesia: Factors of Consumer Purchasing Behavior in the Use of Fintech Payments

  • Ariani BAKHITAH;Ricardo INDRA;Wandy HALIM;Vicky FERBIAN;Zinggara HIDAYAT
    • Journal of Distribution Science
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    • v.21 no.12
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    • pp.59-69
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    • 2023
  • Purpose: Consumers can experience better service for distribution of products with payment technology such as QRIS (Quick Response Code Indonesian Standard) compared to conventional purchase methods. This research aims to determine the experience of QRIS service users in Indonesia. Perceived Usefulness, Ease of Use, and Perceived Security were independent factors. Behavioral Intention to Use is the dependent variable. Furthermore, Word of Mouth Attitude is an intervening variable. Research Design, Data, and Methodology: Involving active QRIS users in a survey-based quantitative study in Indonesia. A survey sample of 400 people was taken from data records of 30.87 million QRIS users in Indonesia. Data were analyzed using SEM-PLS. Results: Show that Perceived Usefulness and Perceived Ease of Use significantly impact Attitudes Word of Mouth, and Behavioral Intention to Use. This research also found that Behavioral Intention to Use does not significantly impact Perceived Security. Conclusion: QRIS, as a revolutionary innovation, offers faster payments than previous methods, with a payment time of no more than one minute. QRIS is seen as valuable, simple, and safe, disseminating information to the public and continuing to use QRIS. The implications of this research are very significant in accelerating the flow of distribution of goods and services and facilitating transactions.

The Systematic Structure of the Customs Act and Criminal Sanctions (관세법과 형벌체계의 구조)

  • 이경호
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.5 no.2
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    • pp.141-165
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    • 1999
  • The Customs Act provides for a general rule all goods entering Korea shall be subject to customs duties as set in the customs tariff schedules as other fees and taxes determined except those excluded by virtue of the Customs Act or intentional agreements. Importation begins from the time carrying vessel or aircraft enters Korea territorial jurisdiction with the intention to unload the same until the time the goods are released or withdrawn from the customhouse upon payment of the appropriate duties. Imported articles may be categorized into prohibited importations, dutiable importations and conditionally free importation. Some other articles are qualifiedly prohibited, meaning they can enter the country after compliance with certain conditions. If there is any conduct violating these act, criminal sanctions may be imposed for the prevention and suppression of smuggling and other frauds, and the enforcement of tariff and customs act. As a result importers who intentionally violates Korea Customs Act may be subject to criminal prosecution. Many major provisions of customs act have imposed severe sanctions for customs crimes in comparison with other crimes due to general rule of criminal law. There is a great deal of activity in Pusan area relating to smuggling of narcotics and prohibited drugs, obscene articles and weapons. On one side, criminals who seek to profit by narcotics or drug threaten public health and human environment, On other side, weapon smuggling is a significant threat to our national security. However the studies on customs crime and customs act have not been viewed. Thus this Article overviews especially the customs crime and criminal sanction focused on domestic customs act.

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A Study on Closet Design for Infants in Use of a Toy Chest (장난감 정리함을 접목한 유아용 옷장 디자인 개발에 관한 연구)

  • Kang, Shin Woo
    • Journal of the Korea Furniture Society
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    • v.26 no.4
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    • pp.346-355
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    • 2015
  • It suggests a closet design for infants in consideration of space utilization, furniture arrangement, and goods storage by integrating a baby's closet and toy chest, which was used for storage of baby's toys and play instrument. For this, it conducted and analyzed data research on the infants' toy chests in the domestic and overseas market and based on such approach, the colors that helped development of infants' cognition and emotion were selected while suggesting familiar animal characters for infants. Without considering separate arrangement of furniture and toy chest within limited space, it allowed space utilization and provided enough storing space. Also, the attached ball casters enabled easy carry of the closet and with this function, it helps infants arrange and store goods by themselves so that making them feel a sense of accomplishment. For effective spatial utilization as well as security of its genuine storage function, the closet and toy chest were combined in this study. Thus, it is believed that development of such multifunctional furniture will suggest the direction of researches on domestic furniture development that are conducted to maximize utilization of residential space for the people living today.