• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.70
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• pp.21-38
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• 2016

The trend of payment terms of an international trade has been changed from letter of credit to open account. In this regard factoring has come out to support SMEs in terms of financing on a without recourse basis. However, factoring is in Korea is not workable softly due mainly to legal system affecting smooth assignment of receivables. Therefore this study suggest the following solutions : Korean Civil Law shall be modified to protect factor's position as a right creditor to debtor and protect factor's position when perfection among several creditors are incurred. However, formal modification to this end would not be easy in short run and it is suggested that a special law be established in case a commercial receivable assignment both domestic and internationally happens between seller and factor.

• Journal of Multimedia Information System
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• v.8 no.1
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• pp.61-68
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• 2021

The paper is based on data collected from the Amazon website (specific in the Handmade's Category) to understand and analyze Vietnamese artisans' business context. Data analysis is also applied to determine the factors that bring success Handmade products and compare products of the same industry among competitors to find out potential products. By collecting data from Amazon and analyzing the data, we extracted useful information for online business developers. Besides, the list of potential products in Handmade sector can be referred to improve the business and compete with competitors. This paper also proposes solutions to help Vietnamese products become more appealing to international customers on the Amazon website.

• Proceedings of the KSME Conference
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• 2007.05a
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• pp.1481-1486
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• 2007

Frictional laws are criticized with emphasis on their application to bulk metal forming simulation in this paper. Coulomb frictional law and constant shear frictional law are investigated in detail in terms of their effect on metal forming process. A friction sensitive bulk metal forming process, a long-pipe simultaneously shrinking and expanding process, is introduced and the problems of the constant shear frictional law are revealed comparing the predictions obtained by the Coulomb frictional law and the constant shear frictional law with the experiments. It is shown that the constant shear frictional law is improper in the case that the normal stress varies very much from position to position and that the normal stress is low compared with flow stress of the adjacent material. It is also shown that the Coulomb frictional constant is more or less affected by the normal stress.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.285-304
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• 2018

With the development of market economy, it has been a legislative trend to establish a system for vicarious liability of employers. China also established Tort Liability Law of People's Republic of China in 2009 and ruled responsibility of the employers for the acts for their employees through Art. 35. First, the employer's right to indemnity to an employee should be recognized, because employer's superintendence is much weak and economic power is similar between them. Second, an employer should take a responsibility for an unpaid employee as vicarious liability, because the Law did not exclude them from employees. Lastly, in case the Law conflicts with Interpretation of the Supreme People's Court on Certain Issues Concerning the Application of Law in Trying Cases Involving Compensation for Personal Damage, the Law should be regarded it has priority based on several related Principles. Regarding these matters, this study guides you to an analysis of vicarious liability of employers in China, benefits with a view to the perfection of the vicarious liability regime.

• Korea Trade Review
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• v.41 no.1
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• pp.21-39
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• 2016

The problems of parallel import in China have been becoming hot issues day by day, because the brand name goods' price in China is much higher than in other developed countries. This study researched the parallel import's basic theories and law cases, and analyzed the legal matters of Chinese parallel import system. First of all, China hasn't any law on parallel import so far. So the court judges determined the law cases based on 「patent law」, 「trademark law」 or 「anti-unfair competition law」. Therefore even in the same case, there might be different decisions according to judges or applied laws. This study handled three different law cases on the parallel import. We found some problems of Chinese parallel import system, so our conclusion is that to solve those kinds of problems, China should legislate the new parallel import law as soon as possible.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.26
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• pp.35-86
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• 2005

International distributorship contract(IDC), as well as international agency contract is a type of contract which is most frequently used in international trade. But one of the main difficulties faced by parties of IDC is the lack of uniform rules for this type of contract. This means that both parties should be careful about each clause of the contract when they draw up it. The ICC prepared model form which incorporates the prevailing practice in international trade, and which aims at protecting and balancing the legitimate interests of both parties. This author examined the several important clauses in this model contract. The purpose of this examination is to help the contracting parties for better understanding and applying them in their actual contracting practice, which based on this model contract. When the supplier and the distributor execute their contract or use ICC Model Contract, they should be careful about the following points: First, some terminologies(like, "territory", "product", "competing products" and "exclusivity") should be clearly defined in their contract. Second, regarding the supplier's functions including "supplying products" and the distributor's responsibility including "undertaking not to compete", and "attaining guaranteed minimum targets", both parties should make clear about each party's right and obligation as well as one party's remedies available when other party makes breach of its obligation. Third, both parties should examine the relationship between the "exclusivity" or "sole" and competition law which is regarded as a mandatory rule in the territory. Forth, when both parties lay down "termination clause" in the contract, they should make clear about the indemnity in case of termination. Fifth, as there is not uniform law for the distributorship contract, it is inevitable to choose any local law as an applicable law in case of litigation. So both parties should keep in mind to insert arbitration clause to avoid the application of the local law. Besides, both parties should consider their individual and specific circumstances and try to reflect them in their contract by Annex I to XI attached to the end of model contract.

• Journal of Arbitration Studies
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• v.32 no.1
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• pp.43-69
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• 2022

In the case of the United States, which has the same provision as Article 10 of the Federal Arbitration Act, a contract may be exceptionally validated if the parties have clearly concluded the contract to expand the grounds for vacating awards in an arbitration agreement. It is possible that the parties create the grounds for vacating that is not stipulated in the statue by clear agreement. However, it remains the issues when this contract is valid. If we investigate the grounds for setting aside as discussed in this paper, in cases ① where an arbitrator failed to apply the substantive law expressly designated by the parties without a good reason; ② where there was a serious error in the application of the substantive law; ③ where an arbitrator decided under ex aequo et bono despite the parties explicitly designated the substantive law, the parties may bring an action for annulment of arbitral awards in court according to their agreement to expand the grounds for vacating the awards. It is important enough to change the rights and obligations of the parties for them whether or not the substantive law of the arbitration was applied. With Regard to the contract to expand the grounds for setting aside the awards in arbitration agreement, there are still issues how to handle the case where the parties have not designated the substantive law, and the validity of a contract to expand the grounds for vacating on reasons other than violation of law application, and relations with Article 5 of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, where the misapplication of the law does not stipulated as the grounds for refusal to recognize and enforce the foreign arbitral award, and so on.

• Transactions on Control, Automation and Systems Engineering
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• v.4 no.1
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• pp.38-42
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• 2002

Conditions are discussed for operating a dissymmetric human master-small (or micro) slave system in best (large position gain-small velocity gain) conditions allowing higher operator dexterity when real effects (joint compliance, link flexion delay and transmission distortion) are taken into account. It is shown that position PD feedback law advantage for ideal case no longer holds, and that more complicated feedback law depending on real effects has to be implemented with adapted transmission line. Drawback is slowdown of master slave interaction, suggesting to use more advanced predictive methods for the master and more intelligent control law for the slave.

• 제어로봇시스템학회:학술대회논문집
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• 1989.10a
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• pp.118-123
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• 1989

This work deals with fast-to-compute global control laws for time-optimal motion of strongly nonlinear dynamic systems like resolute robots. the theory of cell-to-cell mappings for dynamical systems offer the possibility of doing the vast majority of the control law computation offline in case of time optimization with constrained inputs. These cells result from a coarse discretization of likely swaths of state space into a set of nonuniform, contiguous volumes of relatively simple shapes. Once the cells have been designed, the bang-bang schedules for the inputs are determined for all likely starting cells and terminating cells. the resulting control law is an open-loop optimal control law with feedback monitoring and correction.

• Korean Journal of Mathematics
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• v.21 no.4
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• pp.383-399
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• 2013

In this paper, we establish two types of strong law of large numbers for fuzzy random variables taking values on the space of normal and upper-semicontinuous fuzzy sets with compact support in a separable Banach space. The first result is SLLN for strong-compactly uniformly integrable fuzzy random variables, and the other is the case of that the averages of its expectations converges.