• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.63-82
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• 2003

The time of examination of buyer in international sales contract is very significant, because the time is related with the period of claim in buyer's aspect. From the legal point of view, the time of delivery, the time of examination and the time of quality decision should be in accord. But the buyer, whose main place of business is located in importing country, wants to examine the goods in his own country. Therefore in CIF or FOB Contract, the place of delivery and the place of examination are divided. Thus the CISG, the Common Law System and the Civil Law System including Korean Law stipulate the buyer's examination at the destination if the sales contract involves carriage of the goods. This author, from the buyer's perspective, would like to make the following suggestions in regard to the time of examination when the sales contract is made. First, the time of examination and the time of quality decision should be in accord, even though the time of delivery is different. Second, the buyer should clearly indicate the time, the place, the inspector, the particulars and the burden of proof in regard to examination when contracting. Third, the buyer should also clearly indicate the period of notice for the lack of conformity in Claim Clause of sales contract, which should be counted from the time of examination. Fourth, the buyer should remember that he many lose the right to rely on the lack of conformity of the goods if he does not give the seller notice thereof within the stipulated time or reasonable time. Finally, if the buyer wants, to examine the goods at the place of shipment, it is desirable for the buyer to designate internationally recognized inspection organization like SGS.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.25-46
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• 2015

The purpose of this paper is to provide a legal implication about conformity of goods in the international commercial transactions. There are so many legal relationship after the formation of contract. The most of important thing among the obligations of seller is to provide conformal goods which are of quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. If seller violate above duties, seller take the warranty liability. However, CISG describe the conformity of the goods instead of the warranty as follows. First, CISG Art.35(1) states standards for determining whether goods delivered by the seller conform to the contract and Art.35(2) describes standards relating to the goods' quality, function and packaging that, while not mandatory, are presumed to be a part of sales contracts. Article 35(2) is comprised of four subparts. Two of the subparts (article 35(2) (a) and article 35(2)(d)) apply to all contracts unless the parties have agreed otherwise. Second, CISG Art.36 and 38 deals with the time at which a lack of conformity in the goods must have arisen in order for the seller to be liable for it. If seller lack of conformity becomes apparent only after that time, seller is liable for a lack of conformity existing when risk passed to the buyer. Third, CISG Art.49 describe that a buyer who claims that delivered goods do not conform to the contract has an obligation to give the seller notice of the lack of conformity. The most of important things about CISG articles and precedents is that buyer is aware of the lack of conformity and notice it to seller. Failure to satisfy the notice requirements of article 39 eliminates a buyer's defence, based on a lack of conformity in delivered goods, to a seller's claim for payment of the price. Consequently, parties of contract had better agree to the notifying times about lack of conformity. Also, If seller fined the non-conformity, seller has to notify this circumstance to the buyer within short period or agreed time.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.71
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• pp.37-58
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• 2016

CISG Article 50 contains the remedy of price reduction but limits it if the seller has a right to cure. Reduction of price presupposes that the seller delivers non-conforming goods, and that the buyer decides to accept them nevertheless. The remedy of price reduction differs from all other remedies provided in CISG with regard to it effects and to the time-limits. As to the time-limits, unlike Articles 46 and 49, Article 50 does not contain the element within a reasonable time. CISG imposes no period of time for his reducing the price. The buyer's right to declare a reduction of the price is expressly subject to the seller's right to remedy any failure to perform his obligations pursuant to Articles 37 and 48. The problem lies in determining from where to take the figures for comparing the value of the goods contracted and of those delivered. The price level in this place will usually determine his considerations as to resale or repair of the defective goods. The buyer must examine the goods, or cause them to be examined, within, as short a period as is practicable in the circumstances. The buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it.

• Journal of the Korean Society of Costume
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• v.58 no.5
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• pp.198-210
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• 2008

The purpose of this study is to establish the conservation methods of embroidered textiles and textile works. The conservation of remained textiles is consisting of examination, cleaning, support and consolidation, restoration, and storage and display process. It aims to prevent the damage on textile remains for long time display and storage and to prolong their aesthetics and functionality. The embroidered textiles and textiles works, which are remained by handed down or excavated or included in the Buddhist are embossed with colorful threads on the fabrics: the stitches include embroideries on clothing, bed clothes, wrapping clothes, utensil pouches, panels and Buddhist goods; textile works include hats, ornaments, shoes, attachments of clothes etc. These are composed of mainly fabrics, precious metals, leathers and precious stones, etc., and are fabricated by several techniques such as braiding, twining, sewing as well as weaving. Metal threads were also used to add a decorative effect on these goods. In order to conserve and preserve the remained goods, a special care must be taken on the metal threads, which are the most fragile material among the constituents. Hence, characteristics of metal threads and its cleaning methods, general conservation techniques of a rank badge, which is brocaded and partly attached to Cheogori and Samo(men's hat) from the excavated old tombs are introduced here.

• International Commerce and Information Review
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• v.19 no.3
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• pp.197-214
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• 2017

It requires professional knowledge and much time to judge intellectual property rights infringement. The duties of customs administration are the balance between the propositon of trade facilitation through rapid clearance and the thesis of social security through exact examination. There is a view that the criminal procedure law control is necessary to the goods inspection of clearnce procedure if it is related to crimianl investigation. However, it seems that the customs law does not consider the goods inspection investigation as the investigation under judicial control, but only the mere administrative investigation. It can be said that the inspection of goods by customs law functioning as a clue of investigation is confined to the ordinary goods inspection, including the screening test. Searching for specific articles by specific informaition should be under the control of criminal procedure law because it constitutes the commencement of criminal investigation in criminal cases. This interpretation could be an opportunity as a harmonious operation between the goods inspection of customs clearance and the search and seizure of criminal procedure.

• Proceedings of the KSR Conference
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• 2011.05a
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• pp.505-510
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• 2011

The railroad freight transport has great merits that can transport mass and specific items(dangerous goods), but it takes a long time because of low accessibility to the logistics facility and the complex process of loading freight in middle station. This paper analyzed volumes and characters of each railroad freight item, and was carried out the effect of applying E&S system to Gyeongbu line containers to find the method of reducing transport time and effective container transportation. As a result of Cost-Effectiveness analysis, the block train(B/T) is reducing transport time more about 1~2 hours. The road congestion cost is saving about 2.2 billion won. And due to skipping work of organizing train, personnel and equipment expenses savings expected about 9 billion won. It is expected that the E&S system enhances the container transport service and has an effect positive influence on making a efficient method of transport. But It is necessary to estimate pre-feasibility of applying E&S system that the standard of estimating cost and benefit is required further examination.

• International Commerce and Information Review
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• v.8 no.4
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• pp.105-121
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• 2006

This study is related with the judgements of our country's supremcourt against the transaction of Letter of Credit which is beneficiary's fraudulent trade deal. In this case I think to analyse the judgements and to present the basic grounds on which the judgements were established. In Letter of Credit transaction, there are the major parties, such as, beneficiary, issuing bank, or confirming bank and the other parties such as applicant, negotiating bank, advising bank and paying bank. Therefore, in this cases, the beneficiary, the French Weapons' Supplier who did not shipped the commodities, created the false Bill of Lading, let his dealing bank make payment against the documents presented by him and received the proceeds from the negotiating bank or collecting bank, thereafter was bankrupted and escaped. For the first time, even though the issuing bank conceived that the presented documents were inconsistent with the terms of L/C. it did not received the payment approval from the applicant against all the discrepancies, made the negotiating bank pay the proceeds to exporter and thereafter, delivered the documents to the applicant long after the time of the issuing bank's examination of documents. The applicant who received the documents from the issuing bank, instantly did not examine the documents and inform to the issuing bank whether he accepted the documents or not. Long time after, applicant tried to clear the goods through custom when he knew the bill of ladings were false and founded out the documents had the other discrepancies which he did not approved. As the results, the applicant, Korea Army Transportation Command claimed, that the issuing bank must refund his paid amount because issuing bank examined the documents unreasonably according to u.c.p 500 Act 13th, 14th. In spite of the applicant's claim, the issuing bank argued that it paid the proceeds of L/C reasonably after receiving the applicant's approval of an discrepancy of document, the delayed shipment, but for concerning the other discrepancies, the trivial ones, the applicant did not examined the document and noticed the discrepancies in reasonable time. Therefore the applicant sued the issuing bank for refunding it's paid proceeds of L/C. Originally, this cases were risen between Korea Exchange Bank and Korea Army Transportation Command. As result of analysing the case, the contents of the case case have had same procedure actually, but the lower courts, the district and high courts all judged the issuing bank was reasonable and did not make an error. As analysing these supreme court's judgements, the problem is that whether there are the applicant's liability of examining the documents and informing its discrepancies to the issuing bank or not, and if the applicant broke such a liabilities, it lost the right of claiming the repayment from issuing bank. Finally to say, such applicant's liabilities only must be existed in case the documents arrived to the issuing bank was delivered to the applicant within the time of the documents examination according to u.c.p 500 Act 14, d. i. But if any the documents were delivered to applicant after time of the documents examination, the applicant had not such liabilities because eventhough after those time the applicant would have informed to the issuing bank the discrepancies of documents, the issuing bank couldn't receive repayment of its paid proceeds of document from the negotiating bank. In the result after time of issuing bank's examination of documents, it is considered that there's no actual benefit to ask the applicant practice it's liability. Therefore finally to say. I concluded that the Suprem Court's judgement was much more reasonable. In the following, the judgements of the supreme court would be analysed more concretely, the basic reasons of the results be explained and the way of protecting such L/C transaction would be presented.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.163-186
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• 2009

On April 11, 1980, the "United Nations on Contracts for the International Sale of Goods" ("CISG") was prepared by the United Nations Commission on International Trade Law (UNCITRAL) and approved by a diplomatic conference in Vienna providing uniform law for international sales of goods. It took effect as of March 1, 2005, in Korea. It is set forth on the seller's remedies for breach by the buyer Section III (Art. 61 - 65) under the CISG. In this study, the focus is only on the seller's notice fixing additional final period for performance (Art. 63) and the right to avoid the contract (Art. 64), with examination on some relevant foreign arbitral awards rendered by the ICC and the CIETAC together. Article 63 provides that the seller may fix an additional period of time for reasonable length for performance by the buyer of his obligation. It was found from the above arbitral awards that the concept of 'reasonable length' should be decided on a case-by-case basis, given the specific circumstances in the case [Art. 63(1)]. It is provided that unless the seller has received a notice that he will not perform within the period so fixed, the seller may not, during that period, resort to any remedy for breach of contract in accordance with Article 63(2). Article 64(1) provides the means and grounds for avoidance of the contract, which can be avoided 1) when the breach of the buyer amounts to a fundamental breach of contract, or 2) when the additional period of time is fixed by the seller, unless the buyer declares that he will not perform so within the period of fixed time. As we examined in the above arbitral awards, it was held that the contract is avoided when the seller sends the final notice stating that he will avoid the contract, after the expiration of the additional period of time fixed by the seller in the ICC award. On the contrary, it was held that the contract should be deemed to be avoided exactly when the expiration of additional period noted in the avoidance notice is elapsed in the CIETAC award. Article 64(2) sets time limits for avoidance.

• Management & Information Systems Review
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• v.14
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• pp.151-180
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• 2004

Owing to the digital revolution, Internet Commerce and Electronic commerce, revolutionize the way of doing business and making payment. The entrance of the Internet has a prominent for spread of Electronic Commerce and those phenomenons will result in paperless trading and cashless trade. By virtue of Internet, an increasing share of business transactions occurs online. Electronic payment is essential for the smooth progress of the electronic commerce as electronic payment plays the important role in the electronic commerce, that is, the value transfer restyling from the electronic commerce. Traditionally international settlement systems such as letters of credits, remittance and documentary collections operated as important and poplar method of payment, Now, information technology has made it possible to pay for the sale of goods and services over the internet. In international trade, there are service providers (bolero, TradeCard, BeXcom) to settle payment electronically through the Internet. The purpose of this study is to Conduct comparative analysis with approach manner functional respect systematic respect, role. It is shown which the Electronic payment system is better. In this study, the author attempts to find the problems is (bolero, TradeCard, BeXcom) and solutions in switching from the documentary payment system to the electronic one. This conclusion of this study can be summarized as followings. In resoect of the law, bolero should seek to prevert the users from being treated unfairly due to multilateral agreement on Rulebook. TradeCard, BeXcom do not have the proper law that users are governed. so far as the practice problems concerned, stability of computer's operation and security of message interchange should be warranted and improved continuously. Through the standardization of the electronic document and the development of software, the examination of the shipping occuments must be done automatically. Bolero should induce more banks to take part in Bolero, and make the carrier the cost and time in managing the traditional document which will be used for the time being. In respect of information technology and security, to deduce the risk in the electronic settlement system and positively uses the global authentication guideline(Identrus).

• The Research Journal of the Costume Culture
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• v.15 no.5
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• pp.760-769
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• 2007

Cultural commodity is a tourism souvenir for tourists with a high added value in terms of economy. When it excellently represents the region and is based upon its tradition, the positive images of the place can be originated. In this way, the formation of benevolent images has economically considerable effects that can promote the competitive power of the area. The purpose of this study is to develop the pattern design of cultural commodity related to Hampyeong Butterfly Festival. The software to be used is Adobe illustrator CS2, which is a Vector Graphic software, and by utilizing the program, the pattern for the cultural goods will be produced. The forms of the pattern are All over Pattern, which is one of the arrangement methods used the most in a necktie field, and Stripe Pattern. After designing with those two patterns, the design is applied on neckties. Like this, by designing through the Vector Graphic software which we can easily get an access to, the concept of design is visualized; therefore, we can prevent the commodity development that can be conducted out of the concept. By making it possible to visualize the examination by various forms or color mixture, the time is shortened, and throughout reproduction of the object, adjustment of the size, colorway, and reusing or remanufacturing the image, we can check the result of design before hand to reduce the time and expenses required.