• Title/Summary/Keyword: Credit transfer

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A Study on the CISG Cases of Korean Firms (우리나라 기업의 CISG 적용사례에 관한 고찰)

  • HA, Kang-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.107-126
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    • 2016
  • The parties in International Sale of Goods including Korean Firms Should note ; The buyer must pay the price for the goods and take delivery of them as required by the contract and CISG. The obligations mentioned in Article 53 are primary obligations which are to be fulfilled in the normal performance of the contract. The buyer has to take delivery at the respective place within a reasonable period after this communication since he cannot be required to take delivery immediately. Refusing to take delivery in case of delay not constituting a ground for avoiding the contract makes no sense, since this would lead to even later delivery. The buyer's obligation to pay the price includes taking such steps and complying with such formalities as may be required under the contract or any laws and regulations to enable payment to be made. International sales contracts frequently prescribe that the buyer has to act in advance, that is before the seller starts the process of delivery. Such acts may be either advance payments or the procurement of securities for payment as letters of credit guarantees. On the other hand, The seller deliver the goods hand over any documents relating to them and transfer the property in the goods, as required by the contract and CISG. The seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. Except where the parties have agreed otherwise, the goods do not conform with the contract unless they are fit for the purposes for which goods of the same description would ordinarily be used are fit for any particular purpose expressly or impliedly made known to the seller at the time of the conclusion of the contract, except where the circumstances show that the buyer did not rely, or that it was unreasonable for him to rely, on the seller's skill and judgement. The buyer may declare the contract avoided if the failure by the seller to perform any of his obligations under the contract or CISG amounts to a fundamental breach of contract. The seller may declare the contract avoided if the failure by the buyer to perform any of his obligations under the contract or CISG amounts to a fundamental breach of contract.

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Implementation of payment settlement system through Cyber Bank for Electronic Commerce (전자상거래용 사이버뱅크의 지불결제시스템 구축)

  • Kim, Moon-Shik;Lee, Eun-Seok
    • The KIPS Transactions:PartD
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    • v.15D no.1
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    • pp.121-130
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    • 2008
  • In line with the enhanced weight and variety of electronic commerce in business activities, new type of payment settlement and banking system which will enable to store, create and transfer values from the existing method of payment settlement is highly required. Cyber Banking system draws strong attention being the solution of there requirements. The existing Cyber Banking system has the difficulty of operation, administration, in addition to the problem of initial facility investment of big amount, resulted from the usage of the current business process. As the existing Cyber Bank system is unable to carry out the function of storing, creating, and transferring values due to the adoption conventional credit card system instead of the application of non-stop payment system between the seller and buyer. As a result, current Cyber Bank system still imply the deficiency of non-performing cash payment function on internet. This paper describes (1) an integrated application process, One Process One Input (OPOI) which is essential for software development of the Cyber Bank, (2) an application process of payment settlement system to be applied to the electronic commerce in Internet. And then, with these for a basis, (3) design and implementation of payment settlement system through CyberBank for Electronic Commerce. Consequently, by means of this suggested process, we could attempt to solve the problem of existing Cyber Bank system and further to explore the possibility of advanced Cyber Banking being the non-stop payment settlement system. The effectiveness of this suggested system has been practically confirmed.

Analysis of the CAMPUS Asia Pilot Project: Outcomes and Limitations of its Implementation Process (CAMPUS Asia 시범사업의 성과 및 집행과정 분석)

  • Byun, Kiyong;Jeon, Jae-Eun;Hong, Se-Yeong;Park, Ye-jin
    • (The)Korea Educational Review
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    • v.22 no.3
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    • pp.353-383
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    • 2016
  • The purpose of this study is to examine the outcomes and implementation process from various stakeholders' perspectives related to the CAMPUS Asia (Collective Action for Mobility Program of University Student in Asia) pilot project, and thereby provide practical suggestions for it. The pilot projet of the CAMPUS Asia lasted four years from 2012 to 2015. A hybrid approach was used to analyze its implementation process, and diverse sources of data such as documents, surveys, and interviews were employed for analysis. Findings showed the accomplishments of the CAMPUS Asia pilot project for promoting participants' development and building the foundation for international cooperation at the governmental and institutional levels, while various limitations were also identified. In addition, analysis was conducted to identify the contextual factors that influenced the outcomes and limitations of the CAMPUS Asia pilot project at the governmental, institutional, and student levels. Based on these findings, multiple suggestions to maximize the effect of the CAMPUS Asia pilot project were provided, for example, to set up the ultimate goals of the project clearly, for governments to coordinate different academic systems by country and address the issue of credit transfer, to establish the uniqueness of the project, to strengthen the curriculum of each consortium, to co-manage the extra-curricular activities, and to develop the specialized career paths.

The Range of Guarantee Responsibility by an Issuing Bank of Letter of Guarantee under Mixed Settlement Method (혼합결제방식에서 수입화물선취보증서 발행은행의 보증책임 범위)

  • Lee, Jung-Sun;Kim, Cheol-Ho
    • Korea Trade Review
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    • v.41 no.2
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    • pp.231-250
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    • 2016
  • The study attempts to consider L/G(Letter of Guarantee) in a different angle, which is internationally used as a way of commercial customs and practices in a case when the consignee wants to receive the goods without the original Bill of Lading, Thus, this study focuses more on verifying the usage of L/G in Mixed Payment System and the range of guarantee responsibility by an issuing bank through case analysis. This case uses a mixed payment method of L/C(Letter of Credit) and T/T(Telegraphic Transfer) in the transaction of goods. The issuing bank of L/C issues L/G with the amount of L/C which is the same as the amount as C/I(Commercial Invoice). However the carrier deliver all goods laden under both L/C and T/T payment with the production of L/G. In this case, because the buyer is unable to pay, the seller makes a claim for damages to the carrier that the carrier delivers the goods to the buyer against L/G. Finally, the judge gives a decision that the issuing bank of L/G should pay the whole amount of the goods. In this case, the main issue of the dispute is the range of guarantee responsibility by the issuing bank of L/G. As a result of the case analysis, the study suggests two counter strategies for smooth utilization in international trade environment. First, in the case of mixed payment system, a seller should issue a commercial invoice separately based on the amount of each settlement plan in order to clarify the liability of guarantee. Second, banks should establish a new form for L/G including a sentence for verifying liabilities of the bank's side in the current form of L/G.

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A Study on the Conflict of Family Support in the Novels of Park, Wan - Se (박완서 소설에 나타난 노인에 대한 가족부양 갈등 연구)

  • Oh, Joon Shim;Kim, Seong Yong
    • 한국노년학
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    • v.29 no.4
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    • pp.1341-1359
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    • 2009
  • In the wake of the radical structural change of the society, problems in family support for the old aged have arisen. Against this backdrop, the aim of this study was to examine aspects of the conflicts in family support focusing on novels by Park Wan-seo, and to analyze the expression of the family support awareness within the social consciousness. It selected the works that contain the contents of the elderly's support among 92 short stories, which were published from 1970s and 2006. The short novels that are contained the elderly's support are 9; , , , , ,

Empirical Analysis of University Patenting in Korea (특허자료를 이용한 우리나라 대학 연구의 특성 분석)

  • Suh, Joonghae
    • KDI Journal of Economic Policy
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    • v.32 no.4
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    • pp.115-151
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    • 2010
  • Recently Korean universities show very rapid increases in both patents and R&D (research and development) expenditures. During the period from 1970 to 2008, university R&D spending has on the average increased 15.3% annually. Along with steady increases in R&D spending, university's research outputs have also continuously increased. In 1990 Korea as a total published 1,613 SCI-level scientific papers and Korean universities applied 27 patents to Korea patent office. In 2008, Korea published more that 35,000 SCI papers and Korean universities applied about 7,300 patents. The growth of scientific articles had begun from the early 1990s whereas the growth of patent has ignited entering the 2000s. The paper tried to investigate university research through the window of patent. Patents lie between invention and innovation and represent the potential value of invention which will be realized at the marketplace. Since Korean patents do not contain citation information, the paper used US patents-NBER patent database-as the main data. The key empirical question is whether Korean university patents granted from USPTO are characteristically different from other Korean patents granted from USPTO. Previous studies on US and Europe show that corporate patents are more stylized in appropriablity of invention, whereas university patents basicness. In case of Korea, the paper confirmed the appropriability characteristic of corporate patents; but the Korean unversity patents are not distinguishable in terms of basicness. The paper estimated the citation frequency function-an empirical model which was firstly developed by Caballero and Jaffe (1993) and later articulated by Jaffe and Trajtenberg (1996, 2002). The model is specified mainly composed of two interacting parts-diffusion effect and obsolescence effect of new ideas or innovations. Estimation results show that differences in forward citations between university and corporate patents are not statistically significant, after controlling self-citation. Since forward citations represent the quality of patents, this estimation result implies that there are no statistically significant quality differences between university and corporate patents. Prior research results, based on the same model of citation frequency function, about US and some European cases show that, in terms of forward citations, university patents are generally superior to corporate patents -for the case of US- or, the former not inferior to the latter-for the case of most of Europe. It is argued that some important and significant policy changes caused the rapid rise of university patents in Korea. Policy changes include the revision of technology transfer act allowing the ownership of publicly-funded research results to researchers and the changes in faculty/professor evaluation which gives more credit to the number of patents. These policy changes have triggered the rapid growth of the number of university patents. The results of the empirical analysis in this paper indicated that Korea now needs to make further efforts to enhance the quality of university patents, not just to produce more numbers of patents.

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