• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.67
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• pp.23-47
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• 2015

European Commission drafted and proposed the Common European Sales Law(CESL) to the European Parliament for the realization of a uniform set of international private law rules within the EU internal market. Since its purpose is for free international commercial activities for the sale of goods, for the supply of digital content and for related services, it was proposed to enable EU Member States to adopt or supplement as their substantive law according to their options. This study is relate to the legal bases on termination of a contract under CESL, they are composed of three parts: damages and interest, restitution and prescription. Damages and interest are divided into damages, general provisions on interest on late payments, and late payment by traders. Damages are explained by dividing into right to damages, general measure of damages, foreseeability of loss, loss attributable to creditor, reduction of loss, substitute transaction, and current price. Restitution is described by dividing into restitution on revocation, payment for monetary value, payment for use and interest on money received, compensation for expenditure and equitable modification. Prescription is explained by dividing into general provisions, periods of prescription and their commencement and extension of periods of prescription. General provisions explain right subject to prescription into a right to enforce performance of an obligation and any right ancillary to such a right. Regarding period of prescription, the short one is two years and the long one is ten years. However, in the case of a right to damages for personal injuries, period of prescription for such right is thirty years. Regarding commencement, the short one begins to run from the time when the creditor has become, or could be expected to have become, aware of the facts as a result of which the right can be exercised, while the long one begins to run from the time when the debtor has to perform. However, in the case of a right to damages, the CESL clarifies that it begins to run from the time of the act which gives rise the right.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.3-54
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• 2011

The important and main purpose of revision of Incoterms rules are to adapt it to contemporary commercial practice in world trade, and to contribute to great service to foreign trade. Incoterms$^{(R)}$ 2010 revision basically focuses on trade terms to be used for any mode or modes of transport at compared Incoterms 2000 gouping in four basically different categories, and presents trade terms to be used for traditionally seaborn trade. Therefore the former is for trading in manufactured goods involved in containerization, the latter is for trading in community. This study focuses on a motive of revisions and main features of the Incoterms$^{(R)}$ 2010 rules, an outline, the problems and alternative of them. In conclusion, I would like present as follows; (1) Although they only concerned the models of delivery and critical point, they only say a few of the many factors of a sale contract, that is to say for the devision of fuctions, costs and risks between the contracting parties as supplement law, but the guestion of the legal position of Incoterms rules is various in different countries and scholars. in spite of that, it must focus on the practical application and the wide acceptance of Incoterms rules in world trade. (2) Although they present more simple and clear, unfricative, than Incoterms 2000 rules, in order to help users, the need to unify consistently and fully explanate in contents and expression. (3) Introduction and guidance note of Incoterms$^{(R)}$ 2010 rules basically focuses on the understanding of a motive of revisions as compared Incoterms 2000 rules. But it is well advised to do this on the assumption of understanding the various basic meaning of terms. (4) finally, trade concerned regulations take account of the reflection for the application to domestic and international trade according to formally reconization of availability for both trade.

• Journal of Arbitration Studies
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• v.29 no.1
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• pp.53-70
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• 2019

This study analyzed some cases of the China International Economic and Trade Arbitration Commision (CIETAC) related to the application of the Contracts for the International Sale of Goods (CISG). As a contracting party of the CISG, China has accumulated a considerable amount of experience in applying CISG through commercial arbitrations. This study sought to understand how CISG is operated in commercial arbitration in China. By analyzing actual cases in China, Korean commercial arbitration can avoid mistakes and further improve. This study of Chinese cases will give some useful information for Korean companies. As defined by the CISG, the applicability can be divided into direct application and indirect application. When China joined the CISG, it made a reservation out of Article 1(1)(b). Korea and China are contracting parties to CISG and CISG is, therefore, directly applied. It is beneficial for Korea to understand how CIETAC is indirectly applied in China then. Some of the results of this study are as follows: First, CIETAC made a correct judgment most of the time on the direct application of CISG. However, there were mistakes in the judgment of the nationality of the parties in a few cases. The parties must clearly define applicable laws when entering into a contract. Secondly, the 2012 "CIETAC Arbitration Rules" was revised so that the "party autonomy" was introduced into Chinese commercial arbitration concerning indirect application. Therefore, the principle of autonomy of the parties was not fully recognized in the past judgments. Instead, the domestic law of China was applied in accordance with the reservation of Article 1(1)(b). Thirdly, China did not explain the application of CISG in Hong Kong, which led to ambiguity in concerned countries. Therefore, it is necessary to confirm the status of CISG in Hong Kong. In addition, Korean companies should clearly define the applicable laws when dealing with Hong Kong companies.

• The Journal of Fisheries Business Administration
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• v.43 no.3
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• pp.89-106
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• 2012

This study estimated the size of ornamental fish market as the basis survey for the development of the ornamental fish industry in Korea. It presents improvement projects agendas for the development of the Korean ornamental fish industry by investigating the challenges of the ornamental fish industry and consumer awareness. First, looking at the size of the ornamental fish market, calculated on the basis of survey results, the size of ornamental fish market is analysed as 231.8 billion won. The actual ornamental fish market is presumed to be much larger than this considering unclear gross sales from e-commerce and group sales, goods excluded from the ornamental fish export, expensive ornamental fish transaction from smuggling are missing. Ornamental fish industry and consumer awareness survey results can be described as follows: First, revenue structure of the ornamental fish market depends on a handful of expensive purchasing group rather than on low-cost consumption group. Second, many members of the ornamental fish producers, wholesalers, road shops are small-scale. Third, the sale of aquarium fish and aquarium fish related supplies in road shop have different market structures. Fourth, ornamental fish consumption is in the ongoing recession. Fifth, ornamental fish industry hopes for expansion of distribution and Research & Development. Sixth, satisfaction of ornamental fish consumers is generally low. As described above, ornamental fish industry in Korea are vulnerable in the market structure and industry is small and the consumer's satisfaction degree is staying in the 'normal' level. If current state will continue, future consumption can be reduced. It is necessary to increase the competitiveness by using various method including reorganization of the structure of the ornamental fish industry even though it is hard to reach conclusion only with the results of the survey.

• Korean Institute of Interior Design Journal
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• v.27 no.1
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• pp.58-67
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• 2018

This study aims to analyze the cases of storage space outside housing unit and propose the activation plan. The issue of storage in residential complex has continued to be reported. This is more salient due to the recent preference trend for small houses, the constant increase of living goods and the limitation of the available space inside housing unit. Although more apartment houses are trying to have individual storage in the exterior space to address these issues, there is still a paucity of the related studies and more studies are required. In this study, we conducted on-site investigation and user interview of each case to propose active usage of the storage space outside housing unit. Result of this study shows that the most crucial factor to improve is 'accessibility' in order to activate the storage space. Storage room should be located close to each household or the individual parking space. The second factor is the size and the structure of the storage room. The sufficient space for keeping and taking large objects out are required. The front of the storage room should have a clogged structure to insure privacy. The third is the provision of suitable support programs such as the system that occupants can check remotely what items are in their storage rooms, garage sale, laundry service, auto cleaning system and rental program. Those programs are required for efficient management and activation of space. Another requirement is to improve environmental factors which include maintenance of optimal temperature and humidity, automatic ventilation system, control of individual lights, and security enhancement. Based on the results of the survey, we provide basic data which can be used for practical space planning to activate exterior storage space of the housing unit. Further surveys are required to develop this study by obtaining more data for generalization.

• Journal of the Korean Home Economics Association
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• v.48 no.1
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• pp.97-110
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• 2010

The purpose of this study was to identify development strategies of high value-added cultural products in order to help promote Jeonnam cultural tourism festivals. In order to achieve this purpose, we carried out a market survey of cultural products sold in cultural tourism festivals held successfully within the Jeonnam area.The subjects of this study were local festivals which were labeled as cultural tourism festivals by the Ministry of Culture, Sports and Tourism from 2000 to 2008. The results of this study were as follows: Firstly, a store survey was conducted to analyze the categories of products on offer. As a result, the most frequent product was accessories (46.2%), followed by clothing and miscellaneous goods (25.2%), ceramic products (14.8%), interior decoration products (9.1%), and stationery (4.6%). Secondly, in the design motif used for cultural products, most products did not contain festival or local images. Cultural products with festival images made up 47.2% of the range, while only 2.3% of products on offer contained local imagery. The remaining 50.3% of cultural products for sale did not use festival or local images. Finally, in terms of materials used, most products used metal (36.7%), followed by textiles (32.9%), ceramic (13.8%), wood (6.2%), plastic (6.2%), paper (3.6%), and leather (0.2%). For price range, 52.4% of product were equal to or below 10,000 won, followed by 33.1% between 10,000-30,000 won. The results of this study showed that the cultural products of Jeonnam festivals lacked symbolism of the region or festival itself. Furthermore, items and the price ranges were not diverse enough. A possible solution would be to address this short coming, but more importantly, design a marketing and commercial strategy tailored towards the promotion of cultural products which contain both regional and festival imageries.

• Korea Trade Review
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• v.43 no.3
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• pp.199-218
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• 2018

The force majeure in the international sale of goods has been widely used regarding liability and settlement of disputes in the event of breach of contract due to circumstances beyond the control of the parties. The purpose of this study is to examine the judgment criteria and cases concerning on force majeure in the application of FTA preferential tariffs. In order to achieve this purpose, this paper uses a literature review and case analysis on exceptional circumstances under the Korea·ASEAN FTA and the Korea·EU FTA. This study, this paper provides several implications for companies seeking preferential tariffs regarding the Korea·ASEAN FTA and the Korea·EU FTA. Korean companies are subject to the following: confirm the denial article of FTA preferential tariffs stipulated in the Korea·ASEAN FTA and the Korea·EU FTA, consider the judgment criteria on exceptional circumstances of customs authorities, confirm the extension criteria on the validity period of certificate of origin, confirm the reply criteria of verification result of the customs authorities of the exporting country, and confirm the violation of the principle of good faith for unrequested action on reply of verification result of customs authorities.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.37
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• pp.107-130
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• 2008

The purpose of this study is to provide the guideline for the loss of documents relating to the delivery of documents under Letter of Credits transactions. If the documents are lost while in transit from the nominated bank to the issuing bank neither the nominated bank nor the issuing bank is liable as Article. 35 of the UCP600. Normally such matters are settled amicably between banks and problems are only likely to give rise to litigation where this cannot be done and the applicants does not want the goods or take delivery or sell them on because of the loss of documents. UCP 2007 Revision stated that a presentation is complying and forwards the documents to the issuing bank, whether or not the nominated bank has honoured or negotiated, an issuing bank must honour or negotiate, or reimburse that nominated bank. Accordingly, the applicant liable to the issuing bank for any damage sustained as a result of the loss of document. In such circumstance it might be possible to obtain a second(duplicate) set of documents that were sufficient to satisfy the applicant that the document were compliant and enable the applicant to obtain deliver of documents or comply with the terms of a sub-sale. If the applicant does not want the documents presented, no the less, the bank might find it difficult to prove that complaint documents had been presented and, subject to the terms of arrangement with the buyer, could be liable for damage sustained by the applicant as a result the loss of the documents.

• Management & Information Systems Review
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• v.14
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• pp.151-180
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• 2004

Owing to the digital revolution, Internet Commerce and Electronic commerce, revolutionize the way of doing business and making payment. The entrance of the Internet has a prominent for spread of Electronic Commerce and those phenomenons will result in paperless trading and cashless trade. By virtue of Internet, an increasing share of business transactions occurs online. Electronic payment is essential for the smooth progress of the electronic commerce as electronic payment plays the important role in the electronic commerce, that is, the value transfer restyling from the electronic commerce. Traditionally international settlement systems such as letters of credits, remittance and documentary collections operated as important and poplar method of payment, Now, information technology has made it possible to pay for the sale of goods and services over the internet. In international trade, there are service providers (bolero, TradeCard, BeXcom) to settle payment electronically through the Internet. The purpose of this study is to Conduct comparative analysis with approach manner functional respect systematic respect, role. It is shown which the Electronic payment system is better. In this study, the author attempts to find the problems is (bolero, TradeCard, BeXcom) and solutions in switching from the documentary payment system to the electronic one. This conclusion of this study can be summarized as followings. In resoect of the law, bolero should seek to prevert the users from being treated unfairly due to multilateral agreement on Rulebook. TradeCard, BeXcom do not have the proper law that users are governed. so far as the practice problems concerned, stability of computer's operation and security of message interchange should be warranted and improved continuously. Through the standardization of the electronic document and the development of software, the examination of the shipping occuments must be done automatically. Bolero should induce more banks to take part in Bolero, and make the carrier the cost and time in managing the traditional document which will be used for the time being. In respect of information technology and security, to deduce the risk in the electronic settlement system and positively uses the global authentication guideline(Identrus).

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.159-185
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• 2011

This paper is intended to discuss the controversial issue of the principles of change circumstances under the legal system of international commercial transactions. The principles of change circumstances, so called clausula rebus sic stantibus is the legal doctrine allowing for treaties to become inapplicable because of a fundamental change of circumstances. It is essentially an "escape clause" that makes an exception to the general rule of pacta sunt servanda (promises must be kept). The practical needs of international transactions differ from the established concepts of national contracts law. The purpose of this paper is to analyze the legal system and theories under the regimes of international commercial transactions such as the CISG, the PICC, and the PECL. Clausula rebus sic stantibus does not apply if the parties to a treaty had contemplated for the occurrence of the changed circumstance. It only relates to the changed circumstances that were never contemplated by the parties. This paper has shown that the hardship provisions in the CISG, PICC, PECL has similarities to each a validity defense and an excuse defense. it was provisions that CISG governs this issue in Article 79, PICC Article 6.2.1, 6.2.2, 6.2.3(in addition to Article 7.1.7), PECL Article 6.111(in addition to 8.108). It is time when we should reconsider its legal system with great interest in order to harmonize with the international standpoint. It will be the turning point of our viepoint under the international commercial transactions.