• 대한안전경영과학회지
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• 제24권3호
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• pp.29-37
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• 2022

The development of technology related to the Fourth Industrial Revolution and the growth of the online market due to pandemic are continuing the growth of the logistics market for product delivery. If it is difficult to deliver the product directly to the customer during delivery, storage and delivery using the unmanned courier box are being carried out. However, existing storage boxes are not actively used due to lack of usability even though they have the advantage of storing goods and delivering non-face-to-face. In addition, existing courier boxes are not prepared for cold chain transportation. The unmanned delivery storage device with ICT cold chain technology should be developed to prepare for the transition to non-face-to-face society, to improve logistics efficiency and meet user's requirements. Also, it is necessary to consider the measures to reduce the safety problems that may occur during the use and maintenance of the automatic system. This study conducted a model-based analysis for the development of unmanned delivery storage devices with ICT cold chain technology, and conducted a study to derive the system development specifications that meet the requirements and secure safety and apply them to the development process.

• 통상정보연구
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• 제13권3호
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• pp.169-201
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• 2011

정보과학기술의 발달은 식료품산업에서도 큰 변화를 가져왔는데, 그것은 바로 기존의 전통적인 슈퍼마켓 형태의 배송체계에서 온라인 방식의 배송시스템을 접목한 것이다. 현재 한국의 전통적인 슈퍼마켓들은 소비자를 만족시키기 위한 하나의 방편으로 오프라인과 온라인 서비스를 동시에 제공하고 있다. 본 연구는 과거 1990년대 후반부터 2000년대 초반까지 선진국에서 주로 이루어진 선행연구들을 기초로 하여, 온라인 식료품 산업의 개념과 운영(operation)모델을 설명하고, 전 세계 온라인 식료품 회사와 한국 대형 슈퍼마켓의 온라인 식료품 서비스 현황 분석을 통해, 한국 대형 슈퍼마켓의 성공적인 온라인 식료품 서비스 제공을 위한 배송방법들과 기타 대안들을 제안하고자 한다. 연구에 따르면 한국 대형 슈퍼마켓들은 현재 집 배송(home delivery) 서비스를 제공하고 있으나 선진국들에 비하면 아직 초기단계에 머물러 있다. 배송 서비스의 대안으로서, 가장 기본이 되는 것은 저렴한 비용의 점포픽업서비스이다. 점포 픽업서비스는 인터넷을 통해 가까운 대형마트에 원하는 상품을 주문하고 매장을 방문하여 주문한 상품을 인도받는 형태이다. 또 다른 대안으로 배송서비스의 질을 향상시키기 위해 리셉션박스라는 특수한 박스를 이용하는 방법이 있다. 이 박스는 신선식품과 같은 신선도가 생명인 상품의 질을 유지하기 위해 박스의 온도 조절과 자물쇠처리를 통해 안전하게 고객에게 상품을 전달하는 방법이다. 마지막 대안으로는 배송서비스의 질적 향상을 위한 DC(distribution center)를 구축하는 것이다. 그러나 DC구축은 높은 투자자본이 요구되므로 구축에 어려움이 있다. 그러나 미국 온라인 식료품 기업인 Peapod이 기존 전통기업과 온라인 식료품 기업의 합병이나 파트너십을 통해 DC를 구축한 것처럼 한국 대형 슈퍼마켓들도 DC구축이 가능할 것으로 보인다. 위에서 제시한 배송서비스를 실현하기 위해서는 기본적으로 대규모 주문량을 확보하여야 하며, 이를 위해서 홍보를 통한 온라인 잠재고객의 유인이 반드시 필요하다. 아울러 온라인 식료품 배송 서비스에서 고객들이 기대하는 식품 위생과 안전성의 보장 그리고 편의성을 제공하여 충성스런 고객(loyal customers)을 계속 유지하는 것 또한 대형 슈퍼마켓들이 온라인 식료품 산업에서 성공을 위해 고려해야하는 중요한 요소라 하겠다.

• 항공우주정책ㆍ법학회지
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• 제1권
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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.

• 무역상무연구
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• 제66권
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• pp.47-73
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• 2015

This study primarily concerns the fundamental breach of contract by a seller and a buyer's two remedies that are entitled to under the CISG. Regarding the breach of contract, the CISG simply provides a list of each party's obligations and regulates that both parties should fulfill the obligations under the contract as well as the Convention. When the CISG specifies the remedies for both parties, it requires to divide the fundamental breach of contract from breach of contract. By doing so, it provides different remedies to both parties depending on whether it is the fundamental breach of contract or not. From the point of buyer's view, the buyer has two remedies when there is the fundamental breach of contract by the seller; they are the right to declare the avoidance of contract and to require the delivery of substitute goods. The fundamental breach of contract is a pre-requisite condition to be fulfilled in order to exercise these two remedies. Although the CISG provides the definition of fundamental breach of contract, its meaning is not clear enough, so it is interpreted and applied case by case. Therefore, this paper will analyze recent cases focusing on the most debated issues regarding the interpretation of fundamental breach of contract; first, who determines the substantial deprivation and when is the time for determination, second, when is the time for unpredictability of substantial deprivation, and last, who has a burden of proof.

• 무역상무연구
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• 제12권
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• pp.163-200
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• 1999

The CISG entrusts many problems to trade or practice : for example the problems which can't be compromised between civil law system and common law system ; the problems in which the application of usage or practice in universal ; the problems of rapid change according to trade circumstance. The purpose of this paper is to confirm whether the CISG is accomodating the usage or practice in its Text, and to find which topic is most closely related to usage or practice in CISG. The Article 9 in the CISG is a provision of usages or practices applicable to contract. But the problems of the CISG in the accomodation of usages or practices are that it lacks the definitions of ‘usage’ and ‘practices’, the CISG is not concerned with the validity of any usage according to Article 4, and the application of usage or practice may differ in litigation and arbitration The topics such as delivery of goods, payment of price and the transfer of risk are most closely related to usages and practices. The delivery of goods and the transfer of risk are determined by the trade terms like FOB or CIF. But the method of identification and the risk for the sale of goods in transit can't be determined by the trade terms in INCOTERMS(1990). So the CISG may serve as complementing role. In payment of price, the trade term does not refer to the time and place of payment. So the CISG may be the basis of interpretation. Likewise the usages and practices such as trade terms, UCP and so on, can be expected to play a significant role in complementing and interpreting the CISG.

• 국제학술발표논문집
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• The 6th International Conference on Construction Engineering and Project Management
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• pp.704-705
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• 2015

Recent research has been ongoing for modular buildings in the country, and interest increases. However, in accordance with legal restrictions in the country with regard to Project Delivery system of Modular Building, the activation of modular buildings industry is obstructed. In Korea, in accordance with national contract law, the construction contract is apply to the project delivery system of modular buildings, and in accordance with Framework Act on the Construction Industry, The project delivery system of modular buildings has to be a separate order. The definition of separate order in contract as defined in the law is that the electric work and Communication work and digestion facility work has to be separate each contract in order to be ensured professionalism. In accordance with law, the project delivery system of modular buildings is that the contract for construction is concluded with the Owner and the Construction Contractor and the contract for goods is concluded with the construction Contractor and modular manufacturer. Due to these project delivery system, the domestic factory production rate when making a modular unit is significantly reduced compared to the rate of factory production abroad and the domestic factory production rate is estimated to 10-20%. Due to the factory production rate is also low, despite what can be done at the factory the workload in construction field increases. According to the workload in field increases, the effect of the schedule reduction can be reduced. It resolved to form a consortium with a modular manufacturer and construction companies or the contract is concluded with Owner, modular manufacturer and construction companies in each. In this paper, we propose a specific project delivery system for modular building to solve the problem of the low factory production rate and the problem of schedule reduction. Through this paper, due to the variety of project delivery system on modular buildings is expected to contribute to the activation of modular buildings.

• 무역상무연구
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• 제16권
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• pp.83-114
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• 2001

This paper is focussed on the main features and problems of SGA amendment. main features and problems are as below. First, SGA section 14 uses a new term, that of "satisfactory quality", which is defined in a somewhat circular way and introduces some guidelines in order to solve other problems perceived as arising under the "merchantable quality". The change was largely to assist in the better resolution of consumer disputes and not necessary for commercial disputes because the change involves the substitution of a phrase which meant something but was inappropriate to commercial disputes. As with the definition of "merchantable quality", a court can take the new formulation as an invitation to start afresh; or it can refer to the previous case law. Second, before the SGA amendment, a contract for the sale of undifferentiated part of a bulk shipped or to be shipped on a named ship was a contract for the sale of unascertained goods. So the effect was that property could not pass to the buyer, even though he had paid the price in full, before the goods become ascertained. The main object of the SGA amendment was to improve the buyer's position where he had paid for a specified quantity of goods forming an undifferentiated part of an identified bulk and the seller then became insolvent before the goods for which the buyer had paid were ascertained. The improvement was achieved by making section 16 of the SGA 1979 subject to a new section 20A and includig section 20B, under which a buyer of a specified quantity bulk can acquire a proprietary interest in the bulk. This proprietary solution still has some problems in international sale of goods. Therefore, it would be more appropriated SGA should settle disputes between parties through payment, passing of risk, delivery of goods and/or documents etc. instead of property rights like UCC.

• 통상정보연구
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• 제8권2호
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• pp.141-162
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• 2006

This paper focuses on the phenomenon that international payment system is essential as reverse action of delivery or supply of digital goods in global transactions. In order to impose the customs duties on imported goods in global on-line transactions, the imposition of tariff by tracing the payment process when business transaction is occurring is recommended. The purpose of this study is to review the countermeasures for effective tariff imposition system by using the model of the main payment tools in global transactions. Some models reviewed in this paper are as follows : i) a model of withholding taxes at the source by the credit company ii) a model of self declaration by the importer iii)a model of registering by overseas company iv) a model of negotiating after the taxation at the export country This study is different from existing preceding research at the point of view of presenting 4 models and doing appraisal by each model. It should be done more in depth and various study on the model of the tariff imposition system about the models reviewed at this paper. Systematic and reasonable alternatives which are actually adoptable at the system should also be studied and examined carefully. Because it is required that tariff imposition system on the digital goods should be harmonized with that of traditional business in order to obtain effectiveness and rightfulness, and especially, in order to get justness for the imposition a tariff on digital goods, the process of tax imposition should be predictable and be sure to get the fairness by enhancing the equilibrium, impartiality and transparency.

• 무역상무연구
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• 제51권
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• pp.187-210
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• 2011

International transactions have the threat of non-payment by the buyer or non-performance by the seller. Parties tend to search for additional means of securing performance and payment beyond the mere agreement in the contract. Such security may be achieved by means of a letter of credit. When contracting parties have agreed to pay by means of a letter of credit, the buyer's bank takes upon itself the obligation to pay the purchase price when the seller tenders the documents that are stipulated in the letter of credit. The documents must comply strictly with the terms of the credit.. The documents play a crucial role in letter of credit transaction. The principles of abstraction, separability and strict compliance governing the letter of credit transaction are considered. The concept of fundamental breach of Article 25 CISG was discussed. This article examines whether a failure to deliver documents conforming to the terms of the letter of credit can constitute a fundamental breach of the sales contract as defined by Article 25 of the CISG by the seller and thereby enable the buyer to avoid the contract. For letter of credit transactions it should be accepted that the delivery of non-performing documents constitutes a fundamental breach, if the result of this breach is that the bank refuses to pay the price for the goods. On the other hand, in the interpretation of Article 25 CISG, it should be noted that if the parties have agreed to payment by means of a letter of credit, they have simultaneously agreed to apply the strict compliance principle to the delivery of documents in the sales contract. Finally the parties should ensure that inconsistency between the requirements under the documentary credit and the requirements under the contract of sale is avoided, since the buyer may be in breach of his payment obligation if the seller cannot get paid under the documentary credit when his documents conform with the contract of sale.

• 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.