• 무역상무연구
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• 제41권
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• pp.25-50
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• 2009

In this article, I have reviewed the definition of international mercantile customs, their preferential application, the developing status of the credit practice, the effectiveness and relationship of the international standard banking practices, e.g. UCP 600 and ISBP 2007, ISP98, URR 725, eUCP 1.1. and the like, established by the International Chamber of Commerce (ICC). It is important to emphasize that the autonomous agreements between the credit parties and the international practice on the credit transaction are respected above all because of the special nature of its transaction. When we want to apply to a letter of credit by the international rules - UCP 600, ISP98, URDG, URR 725 and eUCP 1.1, we must indicate expressly in the text of the credit that it is subject to the respective rule. But the International Standard Banking Practice, 2007 revised by the ICC is applicable to without its indication in case of the UCP 600 credit. On the other hand, the UN Convention on Guarantees and Standby Credits applies to an international undertaking referred to in its article 2, (a) if the guarantor/issuer is in a Contracting State, or (b) if the rules of private international law lead to the application of the law of a Contracting State, unless the undertaking excludes the application of the Convention. And this Convention applies also to an international credit not falling within its article 2, if it expressly states that it is subject to this Convention.

• 무역상무연구
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• 제72권
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• pp.25-55
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• 2016

The Buyer shall demand to the Builder the repayment of the pre-delivery instalments paid in case of the Builder's default under a ship-building contract. The Buyer require a refund guarantee issued by a financial institution for a security for the repayment of the pre-delivery instalments paid. As the title of a refund guarantee, in practice, is various, we should look into the contents or the expressions in a guarantee to decide whether a guarantee is a refund guarantee. A refund guarantee, a sort of independent bank guarantee, has characteristic of abstractness, and is independent from the ship-building contract. A refund guarantee is available against the beneficiary's first written demand and signed statement certifying that the Builder failed to make the refund in accordance with the ship-building contract. The guaranteed amount of a refund guarantee will be automatically increased in accordance with the Builder's receipt of the respective instalment, which is not in the other advance payment guarantee. These characteristics of a refund guarantee are derived from the expressions in a refund guarantee rather than inherent therein. This illustrates that careful attention is required to the contents and expressions of the main clauses in a refund guarantee.

• Acta Via Serica
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• 제6권1호
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• pp.55-90
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• 2021

In the last several decades, and especially since the Chinese launching of the Belt and Road (BRI) initiative in 2013, the Chinese presence in Central Asia has intensified. Russia and Chinese leaders deny that there is any conflict of interests between them, while the standard narrative has been that the two states adhere to a functional division of tasks in which China concentrates on economic activity while Russia acts as the security guarantor for the region. This article argues that the professed equanimity between the Russian and Chinese leaderships masks the emergence of widening cracks in their relationship with regard to Central Asia. The convenient narrative of a functional division of tasks between the two states is called into question by China's increasingly active presence in the military and security sector in the region, but China's influence is growing throughout the Central Asian economic, political, and social order. China's movement into Central Asia challenges Russia's claim to act as an equal partner of China, as well as its pretensions to regional hegemony. This development reflects the widening disparity between the two states with respect to their power capabilities but it also exposes the interactions between Russia and China in Central Asia as the most vulnerable aspect of their relationship. In Central Asia, a defensive Russia encounters an ascendant China.

• 국제학술발표논문집
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• The 6th International Conference on Construction Engineering and Project Management
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• pp.683-684
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• 2015

Project Financing (PF) is the long-term financing of infrastructure and industrial projects based upon the projected cash flows of the project rather than the balance sheets of its sponsors. However, the financial institution, the subject of financing in the case of PF in Korea, the lack of validation system of business, rather than to assess the feasibility of the project, requested a credit reinforcement to the construction company, the fact is Construction Company on loans of the employer is the guarantor or debt argument commitments accordingly. As a result, PF contingent liabilities, which are indirect debt, are triggered in the construction company, not included in the financial statements, along with the disclosure standards established according to 2009 PF contingent liabilities, and major can be a management item. In this study, PF contingent liabilities is of Pearson of the index and the PF debt ratio showing the main financial ratios and risk by classifying the credit rating and contractors Ranking of construction companies in order to analyze the impact on the financial condition of the company was performed correlation analyzes, through the Pearson correlation coefficient analysis indicated quantitative or negative relationship to derive the explicit indication.

• 한국생산제조학회지
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• 제25권1호
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• pp.30-35
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• 2016

Tandem arc welding is a guarantor for high efficiency and cost saving since the quantity of wire which is deposited in the welding is approximated 30% greater that in conventional welding. The welding process is now being successfully applied in many industries. However, in the case of tandem arc welding, good quality and high productivity should depend on the welding parameters. Therefore, an intelligent algorithms for the automatic tandem arc welding process has been necessarily required. In this study, a predictive model based on the neural network by using the data acquired during tandem gas metal arc (GMA) welding process has been developed. To verify the reliability of the developed predictive model, a mutual comparison with the surface of the top-bead width obtained from actual experiments has been analyzed.

• 한국건설관리학회논문집
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• 제16권6호
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• pp.84-91
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• 2015

프로젝트 파이낸싱(Project Financing, 이하PF)은 자금조달을 위한 금융기법 중 하나로 사업주의 신용도나 다른 담보 대신 프로젝트의 수익성에 기초하여 투자자로부터 자금을 제공 받는다. 하지만 국내에서 이루어지는 PF의 경우, 자금 조달의 주체인 금융기관은 사업 타당성 검증체계가 부족하여 프로젝트의 사업성을 평가하기보다 건설사에게 신용보강을 요구하며, 이에 따라 사업주의 대출채권에 건설사가 연대보증 또는 채무인수약정을 하고 있는 실정이다. 이로 인해 건설사는 PF 우발채무라는 간접적인 채무가 발생하게 되고, 이는 재무제표에 포함되지 않으나 2009년 PF 우발채무 기재의 공시기준 제정됨에 따라 주요 관리 항목이라 할 수 있다. 본 연구는 PF 우발채무가 기업의 재무상태에 미치는 영향을 분석하기 위하여 신용등급 및 도급순위 별로 건설사를 분류하여 PF 우발채무가 기업의 주요 재무비율인 유동성, 안정성, 수익성에 미치는 영향을 분석하였다.

• 무역상무연구
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• 제58권
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• pp.215-236
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• 2013

It is quite true that the more Korean contractors receive overseas contracts, the more they need guarantees. The top market for them is the Middle East countries, consisting of more than the half of the total amount awarded last year and the trend is increasing as well. The problem, however, is that employers in these countries are reluctant to use international rules for guarantee such as URDG or ISP98 and easily make unfair callings. However, Korean contractors(applicants), especially small and medium sized enterprises(SMEs) tend to hurriedly enter a contract without looking into its contents as well as guarantees. They do not realize the importance of the guarantees until they receive callings from the employers(beneficiaries). Being independent from the underlying contracts, guarantee is the equivalent to cash in that it usually does not require any proof of demand when calling and the guarantor should make a payment within usually 5 business days after the request. It is often observed these days that several Korean SMEs go bankrupt due to liquidity risks after receiving unfair callings from employers in the Middle East countries. In retrospect, some cases could be obviated if contractors were a little more careful in checking the contents of a guarantee at the time of concluding a contract. For example, there is one case where the underlying contract includes a reduction clause in the Advance Payment bond and the guarantee does not have that clause. In the end, the Korean contractor had to take the whole burden of the bond amount though it had finished 81% of the project. Nobody could argue that contractors should take a full responsibility if they fail in their obligations. However, the employer's wrongful callings need to be prevented in the first place, if possible. As there shouldn't be a case where one party is at a disadvantage against the other like the case mentioned above, useful insight is being sought to minimize unfair calling risks for the benefit of the applicant. First, the applicant should carefully look into every detail of the potential guarantee before signing a contract, heeding especially that there is a reduction clause in the AP bond. Second, the governing principles for guarantee should be the ones that are internally used such as URDG758 that is objective in terms of callings given that, for example, it specifies that the requirement for a supporting statement when making a demand is a default rule. It is also recommended that the form of guarantees be the standard demand guarantee. Third, parties involved in issuing guarantees are advised to understand international rules for guarantee like URDG758 and ISP98 and to play a key role in guiding SME contractors in Korea so that they can protect themselves from possible wrongful callings, particularly from employers in the Middle East countries. I hope this study would give a wake-up call for Korean SMEs wishing to do business in the Middle East countries and remind them of the importance of guarantee itself and its governing principles.

• 아태비즈니스연구
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• 제15권1호
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• pp.193-207
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• 2024

Purpose - With the increase of non-face-to-face activities due to the spread of COVID-19, O2O industry has grown rapidly which reduces contact points between suppliers and consumers. O2O platform is now recognized as an indispensable channel of distribution, but the voice is getting louder that it is necessary to check how it contributes to the performance of suppliers or how its fee system or contract terms affects the expansion of O2O industry as the leading companies tend to monopolize the market. Design/methodology/approach - In this study, the scope was limited to the restaurant industry in which transactions are the most active among the O2O industry and a regression analysis was done on 775 businesses that had used guarantor service from the Seoul Credit Guarantee Foundation. Findings - Analysis on the impact of O2O platform system, information, and service quality on the business performance of the sole proprietors revealed that the system quality represented by ease of use and the information quality determined by level of timely, accurate and reliable information provided to the consumers have a statistically significant effect on the improvement of business performance. In addition, the effect of business performance on the loyalty measured by the likelihood of users continuing to use the service as well as recommending it to others was moderated by the satisfaction with contract terms, not by the fee system. Research implications or Originality - Although the number of O2O platform providers has increased manyfold, the membership rate is no more than 20%, which means that the small business owners are still struggling with digital transformation. In order for the O2O industry, which is now commonplace, to form a healthy ecosystem that satisfies both suppliers and consumers, the standard contract guidelines that are acceptable to both parties must be established and the O2O providers must offer services that help suppliers to improve performance.