• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.76
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• pp.77-101
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• 2017

This article provides the definitions of the negotiation of credit, the negotiating bank and the negotiation credit. It further describes a number of legal status of negotiating banks by looking into the legal relations firstly between the beneficiary and the negotiating bank and secondly between the issuing bank and the negotiating bank. This study is in large part based on relevant provisions of UCP 600 and decisions of the Supreme court of South Korea. Under UCP 600 the definition of negotiation requires the purchase by the nominated negotiating bank of the required documents by advancing funds on or before the banking day on which reimbursement is due to the negotiating bank. A negotiation credit authorizes the negotiating bank who is a nominated bank to purchase from the beneficiary the documents required by the letter of credit and to present those documents to the issuing bank for reimbursement. If the credit is to be honoured at sight, reimbursement is due when the issuing bank determines that there has been a conforming presentation. Reimbursement under a letter of credit available by acceptance or by deferred payment is due at maturity of the credit. In particular, while the timing of advance by the nominated negotiating bank is up to the parties, a promise of the negotiating bank to advance the purchase price to a fraudulent beneficiary does not confer immunity from letter-of-credit fraud prior to its performance. This requires the negotiating bank who is notified of material fraud prior to making an advance to beneficiary to avoid a loss by using the fraud.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.457-480
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• 2009

The objective of this study is to understand negotiating dynamics across cultures by Indian businessmen and suggest proper negotiating strategies to Korean businessmen when they make a deal with Indian firms. The study proposes, as a result, twelve countermeasures as effective negotiating strategies against negotiating cultures of Indian businessmen. Better understanding on business cultures of the country with which Korea makes international transactions leads more fruitful outcome in concluding the international agreement. So cross-cultural studies are very much required for successful negotiations. Recently many Korean firms want to try to penetrate into Indian market and do successful operation because India becomes a compulsory subject for most of Korean firms. To increase possibilities of success in India, such Korean firms may consider applying the suggested negotiating strategies to the Indian business fields.

• Journal of Arbitration Studies
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• v.22 no.1
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• pp.65-88
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• 2012

Even though there are some discrepancies in detail with the legal characteristic of the issuing bank's notice to the beneficiary of opening of the letter of credit, article 25 of "the Korean Private International Act(hereunder, 'KPIA')" can be applied to the legal relation between the issuing bank and the beneficiary or the negotiating bank. According to article 26 of the KPIA, if there is no agreement between the issuing bank and its opponent party as to the governing law issues, a state's law which has the closest relationship with the subject case may be applied. In the latter case, given the facts that the issuing bank plays important roles in every phasis of the sale of goods by the letter of credit, a law of place where the issuing bank's business premises is situated(the $lex$ $situs$) can be the applicable law. Meanwhile, "the Korean Supreme Court(hereunder 'KSC')" held that the beneficiary or the negotiating bank can claim any damages arising due to the refusal or deferred payment of the issuing bank, and the law which governs the above mentioned situation is the same law that is applicable to the legal relation between the issuing bank and the beneficiary or the negotiating bank. The main reason of the KSC's ruling is that the nature of the legitimate interest rate which is stated in article 3 of "the Act on Special Cases concerning Expedition etc. of Legal Proceeding(hereunder 'ASCELP')" is substantial matters, not procedural. Taking into account, however, that the main object of ASCELP lies in expedition of legal proceeding, prompt realization of people's rights and duties, and prevention of delayed legal proceeding, it is recommendable that ASCELP, instead of the law applicable to the legal relation between the issuing bank and the beneficiary or the negotiating bank, should be applied to the cases in which the malicious debtor's only and main purpose is delaying the legal proceedings. On the other hand, even if the issuing bank's duty of examination of the documents which were tendered by the beneficiary or the negotiating bank is restricted to the formality and strict conformity of the documents and not the substantiality of the documents, the issuing bank still has to examine the documents with due diligence that is required to the banks whose main business is sales of documents, not the real goods. In this regard, under the circumstances where the document lacked the regularity and/or the formality on its face because of the forgery of the document and where it was expected that an ordinary banker might have easily found any faults with the document, the issuing bank must compensate any parties for damages when it pays money without due diligence as a banker who engaged in the sales of documents.

• Journal of Arbitration Studies
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• v.10 no.1
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• pp.115-133
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• 2000

All kinds of commerces are begun from the contract and the claims are frequently raised by the problem in the contracts. Therefore, the negotiation is very important to make a contract and resolve the claim. This article analyzed the negotiation practice of Chinese in order to render help to negotiators who enter into negotiations with Chinese business people so that they can enhance their chance for success. Based on this examination on the negotiating style, this paper also provides the some guidelines in working-level negotiating with Chinese. For the purpose this study applies "global negotiation flowchart" and twelve important factors suggested by stephen & stripp to analyze the characteristics of Chinese business negotiating style. The results suggest some useful criteria for negotiators First, In the preparation, the negotiator need a thorough study about the Chinese negotiating style and counter party. Second, In the negotiation with the Chinese, making the personal relationship and, if possible, frequent contact with the person who is the most powerful negotiator in decision-making. Third, since the Chinese has a sense of value that money is very important, it is very necessary that the negotiator persuade him by mutual profits. Finally, negotiators must aim at long-term profit maximization not at short-term.

• Proceedings of the Korea Contents Association Conference
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• 2009.05a
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• pp.449-453
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• 2009

The primary purpose of this study was to probe the relationship between negotiating efforts on leisure restriction and participation in leisure sports. This study has sampled for 26 days from 2009 February 9th to March 6th 250 adult at the age of 19 living in capital area using the Purposive Sampling Method. The study has then divided these samples into 3groups which are : public people, members of an association club, members of a club. To exclude non-participant of leisure sports, the researcher has visited the leisure sports facilities to sampling survey. The collected data were put into the SPSSWIN 15.0 program to be Factor Analysis, Reliability Analysis, Multiple Regression Analysis, Path Analysis. The results are: 1) Negotiating efforts on leisure sports affect the frequency of leisure sports participation: thus, the more effort on leisure activity and eagerness to change the more frequent the participation rate becomes. 2) Negotiating efforts on leisure sports affect the length of leisure sports participation. The means that the recharging through leisure activity and regulatory the intensity can extend the length of participation. 3) Negotiating efforts on leisure sports affect the intensity of participation. The more effort on leisure activity result in higher intensity of participation.

• SUVANNABHUMI
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• v.15 no.2
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• pp.17-21
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• 2023

• Proceedings of the KIEE Conference
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• 2004.11c
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• pp.126-128
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• 2004

This paper proposes design and implementation for IKE system that is available to IP security communication on IPv6 network. IPsec is a standard for security on network or processing layer of network communication. IPsec consists of step to negotiate security policy and step to negotiate and provide security key material for peer-to-peer security. We use the ISAKMP for negotiating security policy. And we use the IKE for negotiating and providing the key material. The system is based on VxWorks and is tested with Racoon that is a IKE daemon on FreeBSD. In this paper, we propose an implementation method for mobile host providing network communication with IP security.

• Proceedings of the KSR Conference
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• 2007.11a
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• pp.940-952
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• 2007

It is found that there are many serious errors in deriving the existing governing equations of motion for a wheel-axle set negotiating an arbitrarily changing radius curve by Vijay K. Garg and Rao V. Dukkipati. Among other things, despite the hypothesis on arbitrarily changing radius of curve, there had been no taking a time derivative of the radius R in the first half of the derivation. Even if the D'lambert force arising from the centrifugal acceleration of vehicle body or bogie was appropriately taken into account while calculating cant deficiency, it is unnecessarily duplicated in the force vectors of governing equations. The graphical model given in Fig. 5.15 is not enough to follow those developed expressions from both physical and structural points of view. Besides, there are some blunders in assigning plus or minus sign not to be regarded as simple typographic ones and similar mistakes are committed in deriving creep force expressions as in the case of a wheel-axle set on a tangent track.

• International Commerce and Information Review
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• v.8 no.1
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• pp.87-104
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• 2006

We are in an era of global business called one world market. These environments require Korean firms to face an unlimited competition and to resolve their dispute by ADR. Few study, however, on the ways of dispute settlement under the changed international business environment has been done. Thus the major purposes of this study are to investigate Busan's trading companies' preference on the dispute resolution ways. Based on the results of my study, I suggest Busan's trading companies the following guidelines. First, Busan's trading companies should improve their negotiating power by using internet trade and problem solving ability through the establishment of claim information system. Second, They should write contract. Lastly, they should investigate their counterparty's credit.

• Journal of Public Diplomacy
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• v.1 no.1
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• pp.111-113
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• 2021