• 무역상무연구
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• 제63권
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• pp.25-62
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• 2014

Avoidance refers to the process of terminating a contract because of a non-performance. It implies the right of the aggrieved party to refuse to accept further performance by the other side and to refuse to perform one's own counter-obligations, on a permanent basis. The 1980 U.N. Convention on the International Sale of Goods, hereinafter 'CISG', regulates in Arts. 81-84 the effects of avoidance. The primary effect is that prescribed in Art. 81.1 CISG: both parties are released from their obligations under the contract, subject to any damages which may be due. As seen, the CISG deals with the legal consequences of avoidance, including restitutionary claims. However, a closer look to CISG provisions on restitution reveals that certain matters are left open. For instance, the CISG leaves open questions such as the costs, place and time where restitution is to be made. In this particular, the Convention remains silent as to the consequences of a delayed or refused restitution or the buyer's liability when the goods are damaged or destroyed after the avoidance. In light of the above, the present article attempts to determine the extent to which the modes of restitution are regulated in the CISG and how possible gaps are to be filled.

• 무역학회지
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• 제46권4호
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• pp.131-148
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• 2021

This study examines how corporate social responsibility (CSR) affects corporate tax avoidance behavior. Using a sample of publicly listed U.S. firms, we find that legal CSR-which is required by law-reduces the level of corporate tax avoidance because this type of CSR reduces information asymmetry between investors and corporate management in such a way that investors are less likely to perceive tax avoidance behavior as a risk. On the other hand, we find that the relationship between normative CSR-which is a voluntary type of CSR behavior-and tax avoidance is not statistically significant. Instead, our additional analysis reveals that normative CSR increases the level of corporate tax avoidance conditional on reporting quality. This study provides meaningful implications to the academic literature and to practitioners. Not only does this study highlight the fact that not all CSR are alike, it highlights that it is important to provide transparent CSR information in order to allow stakeholders to estimate the net effects of firms' CSR activities and tax payment.

• 한국콘텐츠학회논문지
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• 제11권3호
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• pp.368-376
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• 2011

본 연구는 성실납세를 위해 양도소득세법에 대한 인지도를 분석하고 이에 따른 양도소득세법의 개선방안을 제시하기 위해 양도소득세법에 대한 문제점을 설문조사를 통해 밝히고 통계프로그램을 이용한 분석결과는 선행 연구자들의 연구결과와 연관시켜 해석하였다. 통계분석은 양도소득세법상 세율구조의 형평성 정도와 양도소득세법상 세율 차등정도의 적정성, 양도소득세법상 세율구조의 형평성 정도와 현행 조세정책하에서의 납부회피 의도에 대하여 분석하였고, 양도소득세 납부회피에 대한 문제점을 파악하기 위해 현행 조세정책하에서의 납부회피 의도와 성실납세 회피자에 대한 행정처분 인식정도에 대하여 분석하였으며, 양도소득세법 구조의 복잡성 정도와 양도소득세법 구조의 이해정도간의 관계를 분석하였다. 상기의 분석 결과를 토대로 양도소득세법 제도에 대한 개선 방안으로 조세부담의 형평성 제고를 위한 양도소득세법상 세율구조의 형평성 제고, 성실납세 회피방지를 위한 적법한 세무조사 강화 규정정립, 양도소득세법 구조의 복잡성완화 등을 제시하였다.

• 스마트미디어저널
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• 제5권2호
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• pp.77-83
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• 2016

오늘날 IT 기술의 적극적인 활용을 통해 은행을 비롯한 금융 산업 전체에서 거대한 혁명이 진행되고 있으며, 이를 '핀테크'라 부른다. 핀테크는 2016년 10대 인터넷 산업 이슈의 하나로 조명 받고 있다. 본 논문에서는 보안 강화를 위하여 FIDO 프레임워크를 이용한 NFC 기반 전자 결제 및 쿠폰 시스템에 2 팩터 인증 기술을 적용하기 위한 초안을 설계한다. 세부적으로 프론트엔드의 단말 디바이스에는 2 팩터 인증과 전자 서명 기술의 적용과 백엔드에는 클라우드 기반의 PG를 위한 분석회피형 악성코드 탐지기술을 을 적용하기 위한 연구를 수행한다.

• 유통과학연구
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• 제21권9호
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• pp.115-121
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• 2023

Purpose: This study aimed to deal with disputes between the seller and the buyer in connection with the Letter of Credit (LC) in a sales contract. The Contracts for the International Sale of Goods (CISG) provides the rules on the fundamental breaches which can lead to termination of the sales contract but the CISG is not enough to govern issues arising from the LC disputes when the sales contract is not clear about the payment terms. This paper tried to find some solutions to the disputes by considering international rules, such as the Principles of European Contract Law (PECL). Research design, data and methodology: The methodology applied in this study was an analysis of some court decisions and extended literature review. Results: The study revealed that in contracts for the sale of international goods, the buyer was obliged to open an LC as manner of payment. If the buyer failed to open an LC or amend the terms of the LC, the seller could avoid the contract because this could deprive the seller's expected interest. Conclusions: Few studies in Korea have been comprehensively analyzed in terms of the obligations of regarding the LC with respect to the CISG in court cases. This study suggests safeguarding the buyer and seller when the LC is considered absolute or conditional.

• 한국병원경영학회지
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• 제10권1호
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• pp.48-70
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• 2005

The purpose of this study was to make an analysis of the impact of the DRG payment system on medical care pattern and cost of cataract surgery in a general hospital. The subjects were 173 patients whose DRG severity grade was zero, selected from among the hospitalized who underwent cataract surgery before and after the joining to the demonstrational operation of the third year DRG payment system. Their medical records and the details of their medical bills were examined to find out the length of hospital stay, medical care pattern provided to them, the cost of medical care, and the quality of medical care. The length of stay and the amount of medical care supplied during being in hospital dropped significantly for both single-eye and double-eyes cataract surgery groups. The amount of antibiotic use went down during the hospitalization and upon discharge from the hospital, but decreased after discharge. The total medical bills and the rate of basic examination implementation increased in the OPD before hospitalization but after discharge dropped. For double-eyes cataract patients, the rate of double-eyes cataract surgery went down. The total medical bills of DRG payment system converted into the fee-for-service system was greater by 113.3% for the single-eye cataract surgery group and by 102.9% for the doble-eyes cataract surgery group, compared to that by the fee-for-service. The contribution shared by the insurance corporation increased for both single-eye and double-eyes cataract surgery groups, but the copayment by the insured went down. Regarding the treatment outcome, no difference was found in complication rate, resurgery rate and mortality rate before and after the joining to the DRG payment system was implemented. The use of special lens lessened significantly. The amount of medical care supplied during hospitalization decreased but the complication rate didn't increase. But the increased use of low-price artificial cataract and the avoidance of double-eyes cataract surgery was observed. The phenomenon decreased number of OPD visit and the decreased total medical bills of OPD care after discharge in this hospital required further evaluation.

• 지식경영연구
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• 제23권2호
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• pp.143-168
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• 2022

본 연구는 Herzberg의 동기-위생이론을 이용하여 모바일 안면인식결제서비스의 수용 및 저항에 미치는 영향과, 사용자의 혁신성이 동기요인과 위생요인에서 수용과 저항에 미치는 영향 또한 조사하였다. 모바일 결제서비스 이용 경험이 있는 중국의 사용자를 대상으로 설문조사를 하였으며, 통계 분석은 IBM SPSS Statistics 26과 SmartPLS 3.0을 이용하였다. 분석결과, 모바일 안면인식결제서비스의 동기요인은 수용에 정(+)의 영향을 미치고 있으며, 저항에는 유의한 결과가 나타나지 않았다. 또한 위생요인은 수용에서는 부(-)의 영향을, 저항에는 정(+)의 영향을 미치는 것으로 나타났다. 매개변수인 사용자 혁신성은 동기요인과 수용에서는 완전매개효과를, 위생요인과 저항에서는 부분매개효과가 있었다. 연구결과를 통해 발견된 동기 요인인 신속성, 편재성, 지각된 유용성, 지각된 사용용이성, 비접촉성과 위생 요인인 프라이버시 염려, 보안성, 현상유지관성, 사용장벽, 손실회피성은 모바일 안면인식결제서비스의 활성화를 위한 기초자료로 사용될 수 있을 것으로 판단한다.

• 무역상무연구
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• 제5권
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• pp.7-44
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• 1993

This study is focused on the review of buyer's remedy resulting from the breach of seller's duty in contracts for the international sale of goods focusing on UNCCIS, 1980 and the problems and suggestions of proper ideas for solving the problems. First problem on the buyer's remedy is related to the breach of seller's duty on del ivory of the contracted goods. When seller has failed to deliver the contracted goods to buyer within the stipulated periods, buyer can treat the contract as avoided and claim damages from seller. By the way, since UNCCIS does not provide any stipulation on the time of buyer's avoidance of the contract, buyer can delay the time of avoidance when the price of contracted goods is rising rapidly and enlarge the amount of damages, Since this stipulation is clearly unreasonable, proper solutions are required for UNCCIS. Second problem is related to the breach of seller's duty on deliver of goods which are of the quantity, quality and description required by the contract and which are contained or packged in the manner required by the contract. When seller has failed to deliver goods which are confirm with the contract, buyer may have one of the two rights of damages and the price reduction according to UNCCIS provided that he does not choose the avoidance. But, since the character and position of the price reduction as a buyer's remedy are not sufficient solutions, more detailed review on this point is required. Third, Seller's duty to provide documents is very important for overseas trade, but UNCCIS does not provide any specific buyer's remedy in comparison with the other remedy and also does not provide any stipulation on the Letter of Credit which have important roles for a device of setting payment in overseas trade. This means that trade customs and practice have not sufficiently reflected in UNCCIS. As the problems mentioned above may decrease the evaluation of buyer's remedy in UNCCIS and, furthermore, that of UNCCIS itself, proper solutions on these points are needed.

• 무역상무연구
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• 제26권
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• pp.87-111
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• 2005

The buyer must pay the price under the contract and must take delivery of the goods of contract. The buyer's obligation to pay the price includes taking such steps and such formalities under the contract. The remedial system of the rights of the seller is easier than that of the buyer, for the obligations of the former are less complicated. The seller has the right to avoid a contract provided two conditions are fulfilled : (a) the buyer must have committed a fundamental breach of contract, or (b) the additional period for performance set by the seller in the case of non-performance must have expired. A decision is more difficult to take in the case of a delay where there is no fixed-term contract, to clarify the situation the seller may set a Nachfrist. It is essential that the contracting parties in Korea should understand the provisions of CISG.

• 한국무역상무학회:학술대회논문집
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• 한국무역상무학회 2004년도 제32회 산학협동 세미나
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• pp.79-104
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• 2004

The buyer must pay the price under the contract and must take delivery of the goods of contract. The buyer's obligation to pay the price includes taking such steps and such formalities under the contract. The remedial system of the rights of the seller is easier than that of the buyer, for the obligations of the former are less complicated. The seller has the right to avoid a contract provided two conditions are fulfilled : (a) the buyer must have committed a fundamental breach of contract, or (b) the additional period for performance set by the seller in the case of non-performance must have expired. A decision is more difficult to take in the case of a delay where there is no fixed-term contract, to clarify the situation the seller may set a Nachfrist. It is essential that the contracting parties in Korea should understand the provisions of CISG.