• Journal of Korea Trade
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• v.27 no.4
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• pp.1-18
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• 2023

Purpose - The purpose of this paper is to study how flexibility and mutuality in determining trade terms impact logistics efficiency in the context of relational theory. Additionally, the effect of relational contracts on logistical efficiency relative to the value of the goods being traded is investigated. Design/methodology - According to the relational contract theory, we developed 17 factors utilizing a 7-point Likert scale to measure variables related to flexibility, mutuality, logistics efficiency, and the added value of goods. The survey occurred over four months, and was distributed directly, and via email, phone, and online Google surveys. A total of 403 surveys were collected out of 1,800 distributed, and 380 were analyzed. The principal respondents were import/export companies and members of the Korea International Trade Association and the Korea Small and Medium Business Export-Import Association. The collected data were analyzed using frequency analysis, exploratory factor analysis, and correlation analysis using SPSS ver. 26.0 statistical software, and hypothesis test results were derived using Process Macro ver. 3.5. Findings - This study provides evidence that negotiation flexibility for trade terms affects the efficiency of the logistics process, and the mutuality of such arrangements is shown to be associated with the flexibility and efficiency of logistics processes. Additionally, it has been established that companies whose trade goods possess a low degree of added value may experience increased efficiency in logistics operations if they agree to trade terms that are both flexible and mutually beneficial with their counterparts. Originality/value - This study suggests that in an environment of rapidly shifting global logistics and unpredictable related costs, trade companies may be able to improve logistics efficiency by establishing flexible, mutually beneficial trade terms when entering into contracts. Furthermore, it is suggested that companies dealing in low-value-added products may improve the logistical performance of approaching trade from a perspective of relational contracts.

• International conference on construction engineering and project management
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• 2024.07a
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• pp.137-144
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• 2024

Public infrastructure projects are implemented to achieve targeted economic development of nations. However, due to the delayed execution of projects, the investment cost of the project increases in proportion to time overrun. The increased investment cost for the defined scope of project may have an effect on the achievement of planned future benefits, but the effect of delay on the loss of estimated benefits is not well explored. The primary objective of this research is to assess the effect of delayed execution of road and bridge construction projects on the estimated future benefits. Furthermore, the relationship between delay and the percentage loss of future benefits is modeled using the linear regression analysis. The data consists of 395 road and 248 bridge construction contracts under the Department of Roads, Nepal. The statistical analysis of road and bridge construction contracts showed that there is a reduction in estimated benefits in future years due to the effect of delay. The relationship between the percentage loss of estimated benefit and delay period in months was found to be significant for both road and bridge contracts. The results show that delay not only affects the short-term cost overrun but also the achievement of estimated future benefits. This research thus contributes valuable insights into the understanding of the impact of project delays on both cost overruns and the loss of estimated future benefits. Furthermore, this research has practical implications for policymakers, private sector investors, and financing agencies involved in infrastructure development projects.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.39
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• pp.87-103
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• 2008

Two kinds of security devices such as independent guarantees and standby letters of credit have been widely used in the international transactions. These devices design to protect one of the parties from a breach by its counter-party. Main uses of these guarantees and standby letters of credit are as follows : bid guarantee, performance guarantee, advance payment guarantee, payment guarantee, retention guarantee, etc. The standby letters of credit were first invented in the U.S.A. and have been widely used in the international and domestic contracts in the U.S.A. But the practical use of these credits is very unsatisfactory in Korea. The purpose of this study is to serve the increase of practical use of the standby letters of credit in Korea through the comparison study on the practical use of the credits between Korea and the U.S.A. Both devices are very similar in function, but they are very different in forms. The one has the form of letter of credits but the other has the form of guarantee. The letter of credit has the stability of governing rule, the legal certainty, and the preference in the field of the trade community comparing to the guarantee. I recommend to use standby letter of credit instead of bank guarantee in international transactions because of the merits of the credit aforesaid.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.241-265
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• 2003

The purpose of this paper is to examine the customs clearance impediment and trade parties breaches of international sales contract by the impediment. Customs clearance impediment arises when (a)clearance is not permitted, (b) importation goods are confiscated, (c)clearance delay without expectation, and (d) additional excessive trade cost caused in the process of clearance. This kind of clearance impediment may cause the breach of international sales contract. And it depends on its contents of contract and causal sequence i.e. cause and effect respectively in determining who is liable for it. If one party exemptions by Article 79 CISG, next three elements must be proved. (a)The failure was due to an impediment beyond his control; (b)the impediment was reasonably unforeseeable at the time of the conclusion of the contract, and (c)the impediment was reasonably impossible to overcome. But the customs clearance impediment is not easy to prove these three elements, the party who is responsible the customs clearance may not be exemptions by Article 79 CISG. And, according to review, it is concluded that the buyer, rather than seller, is liable for the damage which is caused in the process of clearance. It is also confirmed that the seller is sometimes liable for depending on clauses of contracts i.e. quality conditions.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.211-234
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• 2004

When there is a dispute in international commercial contracts, the arbitration system, which is an ADR system, is often utilized. The Arbitration system can only be put to use when there is an arbitration agreement between the parties concerned, but even in this case, the one party of the contract tries to avoid the braking of the arbitration. In this case, separability doctrine and Kompetenz-Kompetenz doctrine can be used for the smooth operation of the Arbitration system. This paper reviews these two doctrines, taking a close look at UNCITRAL, ICC, America's FAA and case examples, and France's system and its case examples. U.S. has adopted separability doctrine for the Prima paint case but not the Kompetenz-Kompetenz doctrine. English has adopted separability doctrine for the Heyman case but not the Kompetenz-Kompetenz doctrine. However in France, both doctrines are adopted. France, which accords international arbitration the most highly favorable status of the three nations, has developed the legal framework that best promotes the public policy goal of encouraging the use of arbitration agreements in international commerce. In Korea, the above doctrines are prescribed in Article 17 of the arbitration law, as prescribed by the UNCITRAL Model law. However it takes the form of German laws. The adoption of the French system would have been wiser considering the promotion of the arbitration system.

• International Commerce and Information Review
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• v.14 no.4
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• pp.203-225
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• 2012

This paper investigates the difference of writing requirements between the UCC2. and the UN convention on international sales of goods (CISG). To do it, the U.S writing requirement by statute of frauds was introduced by two sources of laws including common law and UCC${\S}$2-201. Although the U.S. statute of frauds requires some contract to be written with formalities, the way the requirement is satisfied is quite flexible in terms of its formalities. The UCC is more flexible than the common law in its formalities. The CISG does not require the sales contract to be written with any format, which is totally different from the U.S statue of frauds. Such differences between the U.S laws and CISG in writing requirement were investigated in the context of conflicts of laws.

• Korea Trade Review
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• v.44 no.6
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• pp.285-302
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• 2019

Good faith is difficult to define due to the facts that there is not an objective and concrete concept of good faith, and good faith in contracts for the international sale of goods is a principle that parties to the contract must act with sincerity as members of a social community. The Korean Supreme Court shall pay attention to setting the applicable standards that can be universally applied to good faith based on the self-established criteria. Through such effort, it is possible not only to realize the value of concrete validity pursued by the general clause of good faith but also to realize the value of legal stability by assuring the predictability of results when applying good faith. In the modern sense, it can be said that the arbitrary application of general rules rather than the escape and general clauses is a problematic situation in the application of good faith, but this problem can be solved by setting a reasonable standard of good faith. This paper studies good faith in the view of Korean law, international laws, and related cases in contract law. The purpose of this paper is to find the problems and solutions of the practical application of good faith by analyzing the Korean case (2009Da86000), which undermined the legal stability of good faith in Korea.

• International conference on construction engineering and project management
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• 2009.05a
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• pp.40-40
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• 2009

Construction firms have long sought success in the global construction market through diversifying revenue sources and project portfolios. The volume of international contracts has contributed to firms' sustained growth by mitigating the impact of the domestic market's cyclical nature. In spite of the importance of international construction, the uncertainty and dynamic changes surrounding global construction pose serious threats to global contactors. Over the last decade, the international construction industry has changed drastically in many ways, particularly including financial resource diversity, competition rules for the selection of contractors, and the terms of delivery systems requiring more competent total service providers. This paper investigates the important changes for global contractors through various documentation analysis as well as in-depth interviews with industry experts. This paper then analyzes the common strategies and lessons obtained from the cases of leading global contractors that have sustained their growth in the competitive global construction during the last decade. In addition, the authors further analyzed the comparisons between those firms and Korean contractors to discern any difference in sustaining their growth in the competitive market. It was found that those leading firms were quite proactive and responsive to changing markets by diversifying their market revenues to stabilize their revenue structure and enhancing their competency through a wide range of 'business convergence'. In addition, they significantly increased their upstream/downstream functional capabilities; hence becoming more competent service providers, able to grow in these rapidly changing market conditions. Finally, this paper benchmarks the critical strategies that support growth, which in turn can provide a strategic guideline for expansion into the global construction market.

• Journal of Arbitration Studies
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• v.25 no.4
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• pp.77-95
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• 2015

CISG provides a uniform framework for contracts of sale of goods between parties whose places of business are in different States. In 2004 South Korea became the 63th State around world to adopt CISG. Starting next year CISG goes into effect as the law that governs the contracts for international sale of goods, in respect of which CISG displaces the existing domestic civil and commercial codes of Korea. By its provision Article 1(a), CISG applies directly between Contracting States without reference to private international law. As South Korea's biggest trade partners including China, the U.S. and Japan are also parties to CISG, the number of such direct applications continuously increases. Now it is estimated, though roughly, that CISG governs about two-thirds of Korea's import and export trade of goods. The private survey of the author shows that up to now in South Korea there are 39 court cases decided by the first instance courts, 29 cases by the appellate court and six cases by the Supreme Court of South Korea. In nearly all these cases, CISG applied directly. Furthermore, currently CISG is, in several respects, influencing upon the revision of Korean civil code which is designed to modernize it: The revised draft published in 2013 adopts the rules on the revocation of offers provided in articles 15 and 16, the rule on the termination of offers provided in article 17 and the rule on the time that an acceptance takes its effect provided in article 18 of CISG. More importantly, in accordance with the rules taken by CISG, the revision draft no longer requires the existence of fault or negligence on behalf of the breaching party in order for the aggrieved party to void the contract, and the revised draft denies the right of avoidance for trivial, not fundamental, breaches of contract.

• International Journal of Computer Science & Network Security
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• v.23 no.10
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• pp.147-156
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• 2023

Electronic voting machines (EVMs) are replacing research ballots due to the errors involved in the manual counting process and the lengthy time required to count the votes. Even though these digital recording electronic systems are advancements, they are vulnerable to tampering and electoral fraud. The suspected vulnerabilities in EVMs are the possibility of tampering with the EVM's memory chip or replacing it with a fake one, their simplicity, which allows them to be tampered with without requiring much skill, and the possibility of double voting. The vote data is shared among all network devices, and peer-to-peer verification is performed to ensure the vote data's authenticity. To successfully tamper with the system, all of the data stored in the nodes must be changed. This improves the proposed system's efficiency and dependability. Elections and voting are fundamental components of a democratic system. Various attempts have been made to make modern elections more flexible by utilizing digital technologies. The fundamental characteristics of free and fair elections are intractability, immutability, transparency, and the privacy of the actors involved. This corresponds to a few of the many characteristics of blockchain-like decentralized ownership, such as chain immutability, anonymity, and distributed ledger. This working research attempts to conduct a comparative analysis of various blockchain technologies in development and propose a 'Blockchain-based Electronic Voting System' solution by weighing these technologies based on the need for the proposed solution. The primary goal of this research is to present a robust blockchain-based election mechanism that is not only reliable but also adaptable to current needs.