• 무역상무연구
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• 제66권
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• pp.95-118
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• 2015

This study examines the Buyer's Remedies in respect of Defects in Title under SGA. As SGA divides contractual terms into a condition and a warranty, its effects regarding a breach of a condition or a warranty are different. Where a stipulation in a contract of sale is a condition, its breach may give rise to a right to treat the contract as repudiated and to claim damages. Where there is a breach of a warranty in a contract of sale, the aggrieved party may have a right to claim damages. Regarding a breach of a condition under SGA s 12(1), although the buyer may have his right to terminate the contract, he may lose that right when he accept or is deemed to have accept the goods by intimating his acceptance to the seller, acting inconsistently with the ownership of the seller, or retaining the goods beyond a reasonable time without rejecting them. Furthermore, the buyer may claim the estimated loss directly and naturally resulting from seller's breach. SGA contains the principle of full compensation and so the suffered loss and the loss of profit are compensable. As to specific performance under SGA, the court has been empowered to make an order of specific performance to deliver the goods in conformity with the terms of the contract and so it is not a buyer's right. This order should be made only where the goods to be delivered are specific or ascertained goods and the court must think fit to grant the order. However, among these remedies, the buyer cannot have the right to terminate the contract where there is a breach of warranty by the seller under SGA s 12(2).

• 문화기술의 융합
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• 제9권4호
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• pp.61-66
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• 2023

과거, 희소성 있는 제품을 구매하는 것은 고가의 명품을 구매하는 것에 지나지 않았다. 그러나, 현재 한정판 제품을 구매하기 위해서는 지불 능력보다 해당 제품을 구매하기 위한 정보력과 부지런함이 중요 요인이 되었다. 이에 본 연구에서는 Z 세대의 새로운 소비문화의 형태로 자리 잡고 있는 1) 한정판 제품 구매 동기를 심층적으로 알아보고, 더 나아가 2) 한정판 제품 구매 동기가 소비자의 경험(가격, 향후 구매의향)에 미치는 영향을 탐색적으로 알아보았다. 그 결과, 5가지 주요 구매 동기(유행동조, 관심사 충족, 희소성 추구, 재테크, 인정 욕구)를 추출하였고, 이 중 관심사 충족은 제품 구매 가격에 정적인 영향을 미쳤으며, 유행 동조는 제품 구매 가격에 부적인 영향을 미쳤다. 다음으로, 관심사 충족과 희소성 추구 동기는 향후 구매 의향에 정적으로 유의미한 영향을 미치는 것을 밝혔다. 본 연구를 통해, 현재 새로운 소비문화의 주 연령층으로 떠오르는 20대들의 구매 경험에 영향을 미치는 동기를 밝힐 수 있었으며, 이러한 구매 동기들이 구매 물건을 되파는 리셀(resell)마켓과 같은 새로운 소비 시장에 적극적으로 활용될 것이라 기대한다.

• 통상정보연구
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• 제8권1호
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• pp.243-257
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• 2006

This study is to introduce the Chinese Contract Law against non-performance of the contract and to solve the wide range of problems involving to executing the trading contract. The parties' liability for the period of performance, the place of performance, the failure to deliver conforming goods together with it's nature of the lack of conformity, and the methods of compensation against damages and the force majeure clauses application. Those issues affect directly to commercial transactions in international business. The focus is more on the interrelationship of private individuals in its trade and on aiming to remove the legal obstacles from the Chinese Contract Law to freely flow of international trade. Reference may include foreign corrupt practices, Conventions on Contracts for the International Sale of Goods and Laws of England, France, and Japan. This study has brought the efforts of these issues in the full spectrum of performance and with concentrations on effectiveness to avoid the different viewpoints of the general principles of CISG and commercial practice founded pre-eminently. This study, in presenting the legal framework, will contribute to a better understanding of the purpose of rules of Chinese Contract -Law as they interact to the benefit of the parties involved in international trade transactions. The writer believes that a problem-oriented approach and the concentration as outlined above would offer a different perspective for law faculty teaching in this area and hope that this study can be sufficiently diverse to satisfy many of those views.

• 복식문화연구
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• 제18권1호
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• pp.177-189
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• 2010

The purpose of this study is to research the conspicuous consumption characteristic expressed in the modern fashion. The conspicuous consumptions are classified with 2 parts as follows as: 1. The motive of conspicuous consumption, 2. The effect of conspicuous consumption. And the motive of conspicuous consumption is 1) conspicuous consumption, 2) conformity consumption, 3) compensatory consumption. The effect of conspicuous consumption is 1) veblen effect, 2) bandwagon effect, 3) snob effect. The veblen effect is caused either by the belief that higher price means higher quality, or by the desire for conspicuous consumption to be seen as buying an expensive, prestige item. The bandwagon effect is people tend to follow the crowd without examining the merits of a particular thing. The snob effect refers to the desire to own unusual, expensive or unique goods. The conspicuous consumption has produced conflicting results of the homogeneous imitation and the different scarcity. Consequently conspicuous consumption characteristic expressed in the modern fashion refers to the conformable imitation and the different scarcity. The conformable imitation is pursuit of first lady look and imitation. The different scarcity refers to the desire to own exclusive or unique goods. The unique value is pursuit of limited edition and art mode.

• 무역상무연구
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• 제44권
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• pp.31-55
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• 2009

This study attempts to provide a comparative overview of the liability systems Korean law and the PELS adopt, that is, the approaches taken by Korean law and the PELS to deal with various irregularities of contractual performance. In addition, it examines in a comparative way the questions of what is the position of the seller's liability for his delivery of defective goods under the chosen liability system and what is the legal nature of the seller's liability. The study finds that the dual liability system taken by Korean law has caused some complexities as to the matter of which liability is applicable in some borderline cases. The problem in such complexities is originated in that the remedies available and the limitation period applicable are differentiated in accordance with one's different categorization among three types of default under the general liability and defective performance under the seller's guarantee liability. In this light, the study argues that the unified liability system under the PELS is superior because its concept of non-performance embraces in a unitary manner all the aspects of default including defects in quality, quantity and title. In addition, it finds that Korean law has suffered endless debates on the question of what are the true contents of the same remedies of rescission and damages provided under the seller's guarantee liability as under the general liability. The debates have been come along on the basis of the traditional presumption among some of civil law jurisdictions that two liabilities be different in terms of not only their legal nature but also their contents of remedies. The study argues that the problem may be circumvented, first, by another way of thinking that the unified liability in Korean law is inferred from the specification of the identical remedies for both the general liability and the seller's guarantee liability under the KCC, second, by the preposition that the requirement of fault be depended upon what remedy the buyer seeks to claim rather than what liability he does to rely on.

• 디자인학연구
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• 제1권1호
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• pp.1-162
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• 1980

The Design Society of Korea. It is our urgent task that we should map out our detailed guiedlines for the improvement of export-oriented industries and of the design of export goods in preparation for our export goal of $30 billion in the upcoming 1980s. The government, university design researchers, and most entrepreneurs have confronted diverse kinds of racking issues: how much do most export industries take advantage of the indus-trial design for the improvement of the quality of export goods\ulcorner, structural defects of most export industries, chronic and vicious cycle of overlooking the value of the industrial design in the process of manufacturing export goods and etc. In other words, the recent trend of slighting the industrial design is to speed up the sales of only unsophisticated goods on the international markets. Although Koreans have been plagued by scantiness of natural resources under these circumstances, most Korean people have showed off their strong will for today's growth. Furthermore, most exporters should do their best to sweep overseas markets by manufacturing sophisticated goods outranking those commodi-ties made by the United States, Japan, West Germany and the other developed countries. In this respect, we have to make our best efforts for the expensive application and practical use of the industrial design, one of the comprehensive sciences, in the face of the hard realities and conditions which we have confronted until now. For example, it can be attributed to the practical application of the industrial design that the neighboring Japan, West Germany, France, the United Kingdom in Europe, and the United States in North America have formulated a highly advan-ced cultural zone and braced up for their own trade protection-ism and tightened their embargoes on EEC goods. Unless any export goods take the best advantage of the industrial design, one of the behavioral sciences capable of satisfying the material mental needs of modern men and of promoting cultural growth, I am convinced that they will not infiltrate into any countries that have enjoyed their own highly cultural lives. It is absolutely important that most Korean universities, state-run, private corporations and research institutes should work out the improvement strategy for the development and practical use of the industrial design as will as the revision of the present curricula of the departments of design. However, most design researchers have come to grips with several difficult problems such as the correlation of export oriented industries and the industrial design and the development of the design of export goods. The improvement of the industrial design is our urgent assignment that we have to solve in the 1980s. Accordimgly, I cannot too much emphasize the value the recognition of the industrial design in our industrial communities because we have never witnessed the prosperity of those countries which have taken little notice of the importance of the industrial design. Hopefully, most entrepreneurs will take much consideration of the value of the industrial design and then can defeat their rival businessmen on the international markets by exporting goods of highly sophisticated design. In this respect, the main purpose of the research paper which this society presented is to underline the fact that the improvement and development of the industrial design is our common assignment to be studied from the viewpoints of national dimension as well as in conformity with our immediate goal for the export-oriented prosperity of state. In conclusion, I would like to highlight the fact that our export goods shall be continually developed in pace with the correlative improvement of the indudtrial design so as to pave the way for their bright prospect and to enhance their best impression of the first-class goods on the international markets.

• 한국의상디자인학회지
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• 제9권2호
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• pp.69-83
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• 2007

The purpose of this study was to investigate the differences in the hairdo involvement and hairdo attitude influenced by clothing involvement. In addition, actual conditions of hairdo were investigated. The questionnaires were given to female residents in Seoul and Gyeong-gi province during September to October 2006. Four hundred and six questionnaires were used for data analysis. The collected data were analyzed by using SPSS 12.0 software with various techniques such as factor analysis, Cronbach's alpha, cluster analysis, ANOVA test, Duncan test, frequency analysis and $X^2-test$. The results of this study were as follows; 1. The factors for clothing involvement were found to be interests and pleasure in clothes, coordination of clothes, symbolic representation, fashionableness, and risk awareness. The hairdo involvement factors were found to be interests and pleasure in hairdo, fashionableness, symbolic representation, risk awareness, and coordination of hairdo. The factors for attitude toward hairdo were found to be orientations toward leader's fashion conformity, distinct individuality, constancy, and consciousness of others. 2. According to the level of clothing involvement, three types of group were defined. When difference in the hairdo involvement was analyzed, all factors showed significant differences. When difference in the hairdo attitude was analyzed, significant differences were found in orientations toward leader's fashion conformity, distinct individuality and consciousness of others. 3. Reason for choosing hair style is 'it's because they wanted the hair style', 'it's easy to groom', 'it's what they usually choose'. Average hair grooming time is less than 5 minute had higher rate, and then less than 10 minute came second. The money spend on buying consumption goods for hair treatment per month had the highest rate on spending 10,000 to 20,000won and the source of information on hairdo had the highest rate on hairdresser. The reason for choosing hair saloon had the highest rate on hairdressing skill, which shows that people choose hair saloons which they can trust on hair saloon's hairdressing skill.

• 무역상무연구
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• 제41권
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• pp.3-21
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• 2009

To understand the procedure of international commercial transaction clearly and logically, this author would like to emphasize the contractual approach in this paper. The main contract in the transaction is the contract of sale; to perform this contract, the three subordinate or supporting contracts(including the contract of carriage, the contracts of insurance and the contract of payment) should be followed and performed. In the contract of sale, besides the express Terms, the trade Terms have very comprehensive meanings. Each trade term in Incoterms(2000) deals with the matters relating to the rights and obligations of the parties to the contract of sale with respect to the delivery of the goods sold. It also provides for the duties of seller or buyer relating to the contract of carriage, the contract of insurance and the payment in the process of the delivery of goods. Especially, it does not provide the methods of payment concretely, but it imposes the seller to hand over the documents evidencing the conformity of the contract of sale, and the delivery which includes the documents of carriage and/or insurance. Thus although the trade Terms deal with the obligations of the seller or buyer directly, they are very closely related with the contract of carriage and the contract of insurance indirectly, and also with contract of payment using the documentary draft. For the Arbitration or the litigation in the case of the breach of contract, the trade Terms play very significant roles. When an arbitrator or a judge decides the case, they should understand each obligation clearly, in which case, the trade terms give answers about who is wrong or who is right. Therefore, the contractual approach focusing on the trade terms would give very fruitful advantages to the students or teachers in understanding the procedure of the international commercial transaction systematicly and comprehensively.

• 무역상무연구
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• 제55권
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• pp.155-181
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• 2012

This study considered as precautions in light of practical affairs related to a claim for damages focusing on CISG (1980) and PICC (2004). Given summarizing contents of this study, those are as follows. First, when exercising a claim for damages, proving the damages may be difficult and hard. Thus, there is necessity for stating the liquidated damages clause in contract given conclusion of contract. Second, as for the application of interest rate given a claim for interest, CISG is not covered interest rate. PICC is covered interest rate. However, there is possibility that PICC will not be applied as general principles. Thus, to remove this insecurity and uncertainty, there is necessity for stating this in contract by deciding on the detailed standard stipulation after fully discussing about interest payment with the counterpart given sale contract. Third, when a seller delivered non-conformity of the goods for contract, a buyer is desirable to exercise by discreetly judging the exercise method or limitation element on a problem of selecting and exercising remedy favorable to oneself out of a claim for damages and a right to reduce the price. Finally, There was suggestion that the contract parties are desirable to utilize by modifying and supplementing properly this in line with own business-based necessity and situation based on the ICC Model International Sale Contract, and to state CISG and PICC the governing law clause, in preparing contract. This study is expected to possibly become guideline in which the damaged party exercises a claim for damages or aims to cope with the counterpart's exercising a claim for damages.

• 한국산학기술학회논문지
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• 제22권3호
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• pp.303-309
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• 2021

본 논문은 20-30대 소비자들이 사회적 가치가 높은 명품, 매스티지 브랜드와 복제품에 대해 어떤 태도를 가지고 구분하는지, 과시소비성향과 동조성으로 설명할 수 있을지를 탐색하였다. 브랜드들에 대한 태도와 구매의도의 유사성을 기준으로 20-30대 소비자를 구분하고, 집단별로 동조성과 과시소비 성향의 하위차원에서의 차이를 연구하였다. 군집분석을 통해 20-30대 소비자는 네 집단으로 구분되었고, 다변량분산분석을 실시하여 각 집단 간의 차이를 확인하였다. 개성추구성향(F=4.282, p=.006)과 브랜드지향성향(F=23.178, p=.000)은 명품과 매스티지 브랜드와 연관이 있었고, 유행추구성향(F=8.376, p=.000)은 명품과 매스티지 브랜드를 매우 좋아하는 집단과 복제품에도 관심이 있는 집단에서 높게 나타났다. 고가격추구성향은 유의한 차이가 없었다. 동조성(F=3.537, p=.015)은 명품과 매스티지에 대해 약간 좋아하지만 복제품은 싫어하는 집단만 제외하면 모두 높았다. 본 연구는 상징적 의미가 큰 브랜드들에 대한 20-30대 소비자의 태도와 구매의도를 통합적으로 고찰한 연구로서 향후 소비자의 브랜드 범주화에 대한 연구로 발전시키기 위한 탐색적 연구로 의미가 있다.