• Title/Summary/Keyword: Opening Credit

Search Result 33, Processing Time 0.029 seconds

A study on the duties of an issuing bank and a negotiating bank and proper law issues with the documentary credit (신용장거래에서 개설은행과 매입은행의 주의의무와 준거법 -대법원 2011. 1. 27. 선고 2009다10249 판결의 평석을 중심으로-)

  • Lee, Jung-Won
    • Journal of Arbitration Studies
    • /
    • v.22 no.1
    • /
    • pp.65-88
    • /
    • 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.

  • PDF

A Study of Activation Approaches by the on the Analysis Problems and Success Cases of Traditional Markets (재래시장의 문제점과 사례 분석을 통한 활성화 방안)

  • Lee, Jae-Han;Kim, Kyu-Won;Yu, Jong-Pil
    • The Korean Journal of Franchise Management
    • /
    • v.1 no.1
    • /
    • pp.19-42
    • /
    • 2010
  • Since circulation market whole surface opening, traditional market is real condition that is looked away more gradually to consumer as reasons of international retail firms and domestic enterprise firms to enter distribution industry, internet mail order rapid increase by information-oriented society, the pursuit of upgradation and normalization by elevation of income level and consumption pattern change that consideration convenience with young consumers as the central figure. Therefore, the purpose of this study is to analyze stagnation cause of traditional market and problem within a change of new distribution environment, and to develop new approaches for dealing with domestic traditional market relationship prompting competition through activation example analysis of foreign traditional market and domestic traditional market. The result of the study indicated that there are a lot of cases that are begun by a few's merchant with leadership that has been will which is strong in activation in beginning in market's occasion that succeed in activation. In particular, software side such as operational efficiency or marketing expertise strengthening of management is that effect is high relatively than hardware side market activation. Also essential to the settlement of credit transactions using credit cards is important for expanding the effort, for the expansion of credit card merchant credit card advantage and raise awareness among traders about the expected effects is needed. Though these study finding submits plan that create market ecosystem so that many consumers may become place that could visit naturally and create pleasure and convenience, and time, monetary, psychological value of shopping to traditional market, there is sense.

An Exploratory Study on Shopping Condition of Dongdaemoon Shoppingmall Perceived by Consumers (소비자가 인지하는 동대문시장의 쇼핑여건에 대한 탐색적 연구)

  • Choi, Jin-Ja;Choo, Tae-Gue
    • Fashion & Textile Research Journal
    • /
    • v.7 no.3
    • /
    • pp.283-290
    • /
    • 2005
  • The purpose of this study was to investigate the shopping condition of Dongdaemoon Shoppingmall. A depth interview was administered to eight consumers aged 10s through 30s who had shopping experiences at Dongdaemoon Shoppingmall. The contents of interview were about the reasons of preference for Dongdaemoon Shoppingmall, the merchandise categories purchased, assortment, price, shopping environment, and service offered by Dongdaemoon Shoppingmall. The results of this study were as follows: The reasons of consumers' Dongdaemoon Shoppingmall preference were reasonable price, variety of merchandise assortment, easy catch of fashion trend, entertainment place, and opening hour at nighttime. The mainly purchased items were casual and fashionable clothes. Children's wear was mainly bought item by housewives too. The unique design, similar merchandises sold at department stores and new style in early adoption of fashion cycle were perceived as positive aspects, but copied merchandises and large quantity of same merchandise as negative aspects. The fixed price system was not trusted by consumers. Consumers' complaints about shopping condition were crowded pathways and shopping booths, the lacks of facilities such as fitting room, toilet, lounge area, sales persons' service, and difficulty of using credit cards. From these results, some implications for marketing strategies and practices might be suggested. In order to improve the design variety of merchandises, marketers and apparel manufacturers should make efforts by managing merchandise planning, production, selling, and promotion cooperatively. Fixed price system, acceptance of credit cards, and merchandise return/exchange service should be improved. The training the salespersons was the most important and basic step and easy way to get to successful business.

A Study on the Demand for Bachelor's Degree Acquisition of Medical Technicians (의료기사의 학사학위 취득에 관한 요구도 조사)

  • Han, Yang-Keum;Yu, Ji-Su
    • Journal of dental hygiene science
    • /
    • v.8 no.4
    • /
    • pp.299-304
    • /
    • 2008
  • Lately, national hygiene & medical environment and its demand aspect have been rapidly changing, and market opening of hygiene and medical sector is accelerating. Due to the change in labor resulting from the wide range of change in industrial structure and the steady decrease in university applicants, most of colleges and universities have been strongly urged to establish hygiene medical manpower training courses or relative courses, which leaves the medical technician training courses in 4 year universities on the robust increase. Consequently, the medical technicians, graduating from 3 year colleges without bachelor's degree due to shortage of 20 credits for acquisition of degree, have had to compete with the graduates from 4 year universities and the bachelor's degree has been in continuous demand for the medical technicians of 3 year college. In the research for recognition of Credit Bank System prevalent across the colleges, enabling the systematic acquisition of bachelor's degree, 60.9% among the respondents are aware of Credit Bank System, and 46.9% are aware that Advanced Major Course is induced in the near future. Hence, there shall be active promotions of various programs allowing acquisition of bachelor's degree in the colleges. The social change in recognition of colleges by inducement of the two programs may authorize the college to have the scholastic attainments equivalent to the 4 year university, and the political initiative shall be deliberated across over the government and the academic world.

  • PDF

Analysis on General High School Locations for Opening Common Curriculum Courses based on High School Credit System: Focusing on Seoul (고교학점제에 따른 일반고의 공동교육과정 과목 개설학교 입지 분석: 서울시를 중심으로)

  • Kim, Sung-Yeun
    • Journal of the Korea Academia-Industrial cooperation Society
    • /
    • v.22 no.3
    • /
    • pp.148-159
    • /
    • 2021
  • This study focused on searching for optimal locations for general high schools by considering the minimum move distance and the maximum student capacity upon starting a common curriculum based on a high school credit system by taking Seoul as an illustration. The main results were as follows. First, the results from P-median showed that the students' average move distance was below 625m when more than 30% of general high schools offer the common curriculum courses. In addition, the results from MCLP indicated that it was possible to hold all the students. Second, although all the universities located in Seoul open the common curriculum courses, it would not be available to hold all students. On the other hand, when more than 20% of the universities open the courses, MCLP indicated that it was possible to hold the same capacity. In addition, the Office of Education should support moving to the universities offering courses for students affiliated with high schools located in the southeastern area of Seoul and in poor transportation areas. It is expected that by suggesting a problem solving framework regarding space with a spatial optimization method, the study results can be used as a basic data for selecting schools offering common curriculum courses.

A Study on Payment Finality and Usefulness in the Electronic Payment System -Based on U.C.C. 4A- (국제전자자금이체시스템에서 지급의 최종성과 유용성에 관한 고찰(미국의 전자금융제도를 중심으로))

  • Lee, Byeong-Ryul
    • International Commerce and Information Review
    • /
    • v.12 no.3
    • /
    • pp.35-53
    • /
    • 2010
  • In connection with a non-cash payment through the banking system, "finality of payment" has acquired diverse meanings. In according to Section 4A-209(2), the acceptance by the beneficiary's bank by means of receiving payment "pursuant to section 4A-403(a)(1) or 4A-403(a)(2)," constitutes final settlement through a Federal Reserve Bank or through a funds-transfer system" or credit to the account of the beneficiary's bank. Above of all, Acceptance by beneficiary's bank is the most important. According to 4A-209(b), the beneficiary's bank can accept a payment order in one of four ways : First, by paying the beneficiary; obligating itself to pay the beneficiary or, Second, by notifying the beneficiary of receipt of the order or notifying the beneficiary that its account was credited or, Thirdly, by receiving full payment from the sender's order or Lastly, by passage of time, i.e., the opening of the next funds transfer business day of the bank following the payment date of the order. A beneficiary's bank is considered to have accepted a payment order when the earliest of the four means of acceptance occurs.

  • PDF

A Study on the Delays of Performance under UN Convention on Contracts for the International Sale of Goods (국제물품매매협약상의 이행지체에 관한 연구 -이행지체에 관한 실무적 계약 조항의 제안을 중심으로-)

  • Kim, Yong-Il;Kim, Tae-In
    • International Commerce and Information Review
    • /
    • v.12 no.4
    • /
    • pp.385-404
    • /
    • 2010
  • The purpose of this article is to examine the Delays of Performance under UN Convention on Contracts for the International Sale of Goods. In theory, there exist three clearly distinguishable categories of breach of contract, namely non-performance, non-conforming performance and late performance. In particular, delays of performance are the most common breach of sales contract including late delivery, late payment or late performance of any other obligation. In this regard, this article examines how parties can, through careful drafting, avoid or minimize legal problems in case of delay in performance. Especially, the export perspective focuses on the seller's interests, which require that sanctions be as lenient as possible if the seller has breached the contract but that there are prompt and adequate sanctions if the buyer has breached the contract. Furthermore, the seller should ensure that a short or medium delay in delivery will not entitle the buyer to declare the contract immediately avoided and take precautions against late payment, including delayed opening of a letter of credit.

  • PDF

A Research For Groping of Activating Education in Fisheries High Schools (수산고등학교(水産高等學校) 교육(敎育)의 활성화(活性化) 방안(方案) 모색(摸索)을 위한 조사연구(調査硏究))

  • Moon, Sung-Han
    • Journal of Fisheries and Marine Sciences Education
    • /
    • v.5 no.1
    • /
    • pp.1-14
    • /
    • 1993
  • This study is to observe and activate a groping of education based on the perceptual responses from the teachers and the students in fisheries schools. The conclusions of this study are as follows : First, lower level of the perceptual response was estimated in the curriculum and experimental courses, the financial and administrative supports from the Government, the contribution of a fisheries high school to the local society the wages of seamen and the co-works between the industries and the academies. Second, a careful consideration is needed for the fisheries school to have a different shape. As one way for co-works of the industries and the academies, two year program in school and one year internship in a related company should be formed for the curriculum in a fisheries high school. A localized support for sea area, a fisheries high school's role as a re-eaducation for the seamaen and opening a educational graduate school for teachers in the fisheries university are pursued. Third, the perceptual response from the teachers and the students are globally weighted in the acquisition of the license with a graduation of the school and then the credit for the military services, the entering into the same area of the higher education, the expansion of the experimental materials in the courses, developing the curriculum, the Governmental supports and the awareness for the local society, in order. The issues indicated here should be researched continuously for activating the education in the fisheries high schools.

  • PDF

A study of the opening status of the compulsory courses for the dental technologist license (치기공(학)과 교육과정에서 국가시험 과목의 학년 및 학기별 개설 현황 비교)

  • Kwon, Soon-Suk
    • Journal of Technologic Dentistry
    • /
    • v.43 no.3
    • /
    • pp.106-116
    • /
    • 2021
  • Purpose: This is to provide fundamental resources for the improvement in the department of dental technology curriculum which will ensure effective preparation for the license examination for dental technicians as well as improvement in the students practical skills. Methods: Research analysis was conducted regarding the 2020 academic curriculum table of the department of dental technology established in 19 universities nationwide, from 5th of October 2020 to 30th of November 2020. Results: Research of the ratio of the establishment credit of the 3-year-course major in department of dental technology to the establishment credits of the license examination subjects showed, second semester of the first year (p<0.05), by academic discipline the whole first year (p<0.05) and second semester of first year, to be statistically significant. Conclusion: Hence, it can be concluded that there is a need for the management of a curriculum with distribution of adequate subjects according to academic year and semester, in order to satisfy not only the preparation for the license examination for dental technicians, but also students' academic desires.

Development of 'Healthy Couple Relationship' Curriculum in High School Based on Backward Design (백워드 디자인에 기반한 고등학교 '건강한 커플관계' 교육과정(안) 개발)

  • Yu, In-Young;Park, Mi-Jeong
    • Journal of Korean Home Economics Education Association
    • /
    • v.31 no.3
    • /
    • pp.1-21
    • /
    • 2019
  • The purpose of this study is to develop a 'Healthy Couple Relationship' curriculum(plan) for high school home economics based on backward design. In this study, the content elements of 'Healthy Couple Relationship' were extracted through literature analysis, and the need for contents of 'Healthy Couple Relationship' was surveyed in 197 families of home economics teachers and 154 high school students. Based on this, the 'Healthy Couple Relationship' curriculum(plan) of high school home economics curriculum was developed as the backward design, and it was verified by the expert group. The results are as follows: First, when measured on a 5-point Likert scale, the mean scores of the need for content elements of 'Healthy Couple Relationship' was 4.39 for teachers, and 4.02 for students, respectively. The content elements of 'understanding dating violence' was 4.70 for teachers and 4.19 for students. Second, the developed 'Healthy Couple Relationship' curriculum consists of two templates, one for each unit, including curriculum goals, unit composition and unit goals, 8 learning subjects and content elements, evaluation plans including 24 lesson plans. In this study, it is meaningful to propose a "Healthy Couple Relationship" curriculum as an elective course in high school home economics curriculum in preparation for the high school credit system, and to lay the foundations for opening elective courses.