• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.62
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• pp.135-178
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• 2014

The Uniform Commercial Code (UCC) sets the standards of good faith in a commercial transaction for the sale of goods. With every sales contract, there is an implied obligation for both the seller and the buyer to negotiate the contract and perform under the terms of the contract in good faith. The agreement between both parties and the customs in the industry determine how the good faith standard should be applied to a particular transaction. Generally, the meaning of good faith, though always based on honesty, may vary depending on the specific context in which it is used. A person is said to buy in good faith when he or she holds an honest belief in his or her right or title to the property and has no knowledge or reason to know of any defect in the title. In section 1-201 of the UCC good faith is defined generally as "honesty in fact in the conduct or transaction concerned." Article 2 of the UCC says "good faith in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade." The sales contract will generally determine which party is required to perform first. This provision helps to determine if the buyer or the seller is in breach of the agreement due to failing to perform as stated by the contract. Either the seller must deliver the items before the buyer is required to accept and pay or the buyer must pay for the items before the seller has the duty to act in good faith and deliver the items in a reasonable manner. If the contract does not specifically define who is required to perform, industry customs and fair trade may determine what is acceptable for the transaction. Under the UCC, the buyer is required to pay for the goods when they are delivered, unless the contract states otherwise. Therefore, the UCC imposes an obligation of good faith on the performance of every contract or duty under its purview. The law also generally requires good faith of fiduciaries and agents acting on behalf of their principals. This article discusses problems of the principles of good faith under the UCC. Specifically, this paper focuses on the interpretation of UCC sections and analysis of various cases. By comparing, also, UCC and Korean law, the paper proposes some implications of good faith issues for Korean law.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.70
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• pp.159-179
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• 2016

Companies do not be resolved by the FTA services of external aid should be operational by assigning dedicated personnel inside the company. FTA is a choice, not an essential trade agreement requirements. If the exporter contracts to provide a certificate of origin in trade agreements, it shall issue a certificate of origin of goods originating management is performed. When considering the future trend of spreading wide FTA, it should be extended to one year to take advantage of the FTA Certificate of Origin environments utilizing a comprehensive environment for regional countries that require proof of origin between certain countries, such as current. FTA utilization of the future is to utilize the GVC(Global Value Chain) efficiently. In other words, the expansion of the consumer market and take advantage of an efficient production base across borders. These environmental changes are needed development of the FTA utilization promotion and FTA experts. The experts studying how to procure raw materials or intermediate goods exports in a variety of regional foreign countries, to meet the rules of origin is required for a successful FTA utilization. One of the objectives of Origin managers are qualified experts in the country of origin can take advantage of the FTA plan. Therefore, managers of origin shall collect their ability to expand the understanding and information about the industry as an international business perspective beyond the Certificate of Origin. In addition, it should be in their best learning expertise for the introduction and development of country of origin control system in an effort to effectively perform its international FTA utilization. Once the FTA is more widespread in the future and build a common origin information it must not be disconnected until the export enterprises from terminal manufacturers systematically. Therefore origin management is preferred by expanding the knowledge base of teaching and learning in the common sense to the universal subject of specialization from professional schools to promote the relevant departments so that they can be opened in a college or university. An FTA hub linking East and West, also need the confidence that in order to become a center of Glabal Supply Chain Using an FTA Certificate of Origin and stable environment for importers to import products from the country offers. Certificate of Origin and all of them thoroughly exporters and companies related to the administration of origin and should create an atmosphere that can effectively respond to the origin verification. Korea shall endeavor to elicit a geopolitical value (FTA Hub), as well as securing a competitive advantage in the global industry leverage, trading at a reasonable price competitive products thereby enhancing production and economic growth through the FTA.

• Journal of the Economic Geographical Society of Korea
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• v.22 no.3
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• pp.258-273
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• 2019

Bilbao, Spain, made a mark as a example of the regional revitalization by culture and tourism. Korean Government have a perspective that culture and tourism could be an alternative to the regional crisis of manufacturing in 2018. The main purpose of this study is to analyze the locational specificity and the revival strategies for the regional development of Bilbao in a structural context. This could provide implications to the regional crisis of Korea. The main results are summarized as follows. Firstly, the local government of Bilbao has taken an active role, using not only its political and financial autonomy but also its locational advantage as an important nodal region of transnational trade networks in Europe. Secondly, Bilbao was able to sustain its regional revitalization initiatives for a long period by facilitating public-private partnership system. Finally, despite the effectiveness of the mega project and place marketing, low job security and the polarization of the service sector have emerged as a problem at the same time. Still, the deindustrialization of Bilbao could be possible due to the various services including knowledge-based services and financial services as well as culture and tourism.

• Korean Journal of Construction Engineering and Management
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• v.22 no.1
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• pp.36-46
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• 2021

With an increasing trend toward high-rise modular construction, the simultaneous use of tower cranes at a modular construction site has recently been observed. Tower crane layout planning (TCLP) has a significant effect on cost, duration, safety and productivity of a project. In a modular construction project, particularly, poor decision about the layout of tower cranes is likely to have negative effects like additional employment of cranes and redesign, which will lead to additional costs and possible delays. It is, therefore, crucial to conduct thorough inspection of field conditions, lifting materials, tower crane capacity to make decisions on the layout of tower cranes. However, several challenges exist in planning for a multi-crane construction site in terms of safety and collaboration, which makes planning with experience and intuition complicated. This paper suggests a multi-objective optimization model for selection of the number of tower cranes, their models and locations, which minimizes cost and conflict. The proposed model contributes to the body of knowledge by showing the feasibility of using multi-objective optimization for TCLP decision-making process with consideration of trade-offs between cost and conflict.

• Korea Trade Review
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• v.42 no.1
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• pp.165-188
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• 2017

Foreign direct investment is the means for companies to enter the overseas market and strengthen their competitiveness. The holding of intellectual properties, representing advantages of firms, may affect foreign direct investment. By expanding previous studies, we define intellectual properties as including trademarks and design as well as patents. Using a random-effect panel data model, we examine the effects of both intellectual properties of Korea and host countries on Korea's foreign direct investment in 128 countries from 1981 to 2014. The results are as follow. First, the coefficients of Korea's intellectual properties, patent, trademark, and design are significantly positive. This implies that Korean firms may invest abroad to take their advantages of technologies, brand value, and the capability of product differentiation. Second, except for patents, intellectual properties of host countries have a positive impact on foreign direct investment. In other words, foreign direct investment to acquire the ability of branding or product design from host countries may occur. Third, the coefficients of Korea's intellectual properties are significantly greater than those of host countries' properties. Foreign direct investment to take advantages of the firms' capabilities overseas is greater than one to acquire knowledge of host countries. Finally, Korea's intellectual properties have a greater positive impact on foreign direct investment in high growth countries than in low growth countries. It is interpreted that Korean firms are more motivated to exploit their intellectual properties in developing countries with a high growth than developed countries. Overall, it is confirmed that Korea's foreign direct investment not only to utilize some advantages but also to seek the brand value or product differentiation ability from host countries can occur. Our findings provide the contribution that some innovative activities in firms and R&D investments policies which encourage the possession of intellectual properties can improve foreign direct investment.

• Korea Trade Review
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• v.42 no.4
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• pp.21-47
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• 2017

This study examines the effects of technological capability and domestic marketing capability of SMEs on the export market orientation, focusing on the moderating effect of market turbulence. This empirical analysis, based on surveys collected from 206 small and medium-sized firms located in Gwangju and Jeonnam provinces, yielded the following conclusions. First, technological capability of SMEs has a positive impact on export market orientation. This result not only is consistent with preceding studies but also suggests that when technological capability of SMEs is utilized as their own unique asset to reduce liability of smallness or liability of foreignness, the tendency to export might be increased. Second, domestic marketing capability of SMEs has a positive impact on export market orientation. This result suggests that as the domestic marketing capability of SMEs is used as prior knowledge reducing uncertainty to enter the overseas markets, the tendency to export might be increased. Third, as a result of examining moderating effect of market turbulence, it shows that market turbulence moderates the relationship between domestic marketing capability and export market orientation toward a negative(-) direction. That is, since market turbulence might weaken the relationship between domestic marketing capability and export market orientation, SMEs which belong to the industry considering marketing capability important need to develop strategy with consideration for market turbulence. This study provides theoretical and practical implications in that it reveals factors positively affecting export market orientation and market turbulence can be utilized as a moderator.

• Korea Trade Review
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• v.43 no.2
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• pp.87-105
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• 2018

We investigate the effects of inward foreign direct investment on innovation in Korean industries from 1998 to 2015 by first dividing FDI into greenfield and M&A (mergers and acquisitions). Furthermore, we use the number of patent applications as the proxy of innovation. Our empirical results are as follows: First, inward foreign direct investment has a significantly positive effect on the number of patent applications. This result suggests that the transfer of technology or knowledge through the inward foreign direct investment has a positive impact on innovation in Korean industries. Second, the greenfield investment has a positive impact on patent applications. This result is consistent with Liu and Zou (2008)'s assertion that greenfield investment has a positive impact on innovation by increasing facilities or plants. The M&A investment, however, has no significant effect on patent applications. This result is consistent with Stiebale and Reize (2011) who argue that the host countries do not benefit from technology transfer through M&A investments. In addition, this supports Liu and Zou (2008) and Garcia et al. (2013)'s hypothesis that foreign parent firms do not influence the innovation of host countries by employing strategies to increase market power rather than R&D activities through M&A investments. It is meaningful that this study first analyzes the impact of foreign direct investment on innovation in Korean industries and uses the number of patent applications as a proxy of innovation. Our empirical evidence provides policy implications for innovation and attraction of inward foreign direct investments.

• Journal of Digital Convergence
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• v.13 no.4
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• pp.127-135
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• 2015

This study was carried out to verify management commitment on perceived consulting quality in the government-supported convergence consulting service on SMEs. A survey was conducted and analyzed on SMEs which went through government-supported consulting, with the following results of the study. First, management commitment was found to have positive effect on the perceived consultant perform quality. Second, management commitment was found to have positive effect on the perceived government support quality. Third, management commitment was found to have no effect on the perceived consulting results quality. Fourth, perceived consultant perform quality was found to have positive effect on the perceived consulting results quality. Fifth, perceived government support quality was found to have positive effect on the perceived consulting results quality. Suggestions and significance of this study are as follows: the result of this study suggests a need to increase institutional support for enhancing the management commitment as well as the capability of consultants and support of government. It also has significance in presenting an effective and efficient direction of policy on consulting support project for SMEs.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.8 no.1
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• pp.61-68
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• 2013

As modern society changes toward knowledge based society, the patent policy and professional manpower need to be changed because interest and importance about patent, trademarks, intellectual property right and copyright of business secret are increasing. In order to facilitate trading of the technology developed in the private sector and to promote the business, the Act of technology transfer and commercialization promotion is prepared. In the law, the article 14 says that who have expertise on commercialization of the technology transfer can be registered as a technology trader to the Minister of Knowledge Economy. For the purpose of finding improvements of the technology trader's registration system, comparison method was studied. Technology trader compare with licensed real estate agent which is similar with it in terms of trade. There are several results from this study by followings. The unique tasks of technology traders should be specified for increasing authority of technology transfer expert. Manual criteria of post management should be prepared through registration certificate management agency which operated by charging. In addition, The announcement document should be prepared carefully for necessity of announcement and registration criteria of technology trading business. These improvements are enable to motivate trading market and impact to expand the base of technology marketing and technology transfer-commercialization.

• Transactions of the Korean Society of Mechanical Engineers A
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• v.37 no.1
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• pp.113-119
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• 2013

Despite rapid changes in the structure of industry, manufacturing remains a key industry for economic progress, promotion of trade, increased employment, and the creation of new industries. Production technologies are essential for strengthening the competitiveness of small- and medium-sized manufacturing industries. However, it is very difficult to standardize and systematically propagate production technology from an experienced worker to an inexperienced worker because these technologies are generally improved by the skilled people in a workshop. In this study, we introduce a Web-based platform system consisting of a knowledge authoring tool, technology database, semantic database, and Web portal service for sharing production technologies for the exterior housing parts of mobile products. By investigating various cellular phone designs, reference form factors for three types of mobile phone housings were designed based on the standard features. In addition, several manufacturing technologies and considerable information such as reference mold designs and molding conditions optimized using CAE and recent R&D outputs are stored in this system.