• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.3-26
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• 2000

The International Chamber of Commerce published the millennium edition of its standard trade definitions, Incoterms 2000. Incoterms are a basic reference for sales contracts, in constant daily use throughout the world. The new version will make it easier for traders to do business in the new century, despite the growing volume and complexity of international transactions. Since Incoterms were first published in 1936, they have been updated six times. They precisely define the responsibilities of buyer and seller and are recognized as the international standard by customs authorities and courts in all the main trading nations. It is important for traders to incorporate the correct Incoterms into their international contracts to avoid unnecessary legal problems. Courts may otherwise interpret trade terms according to often widely divergent national laws and unless the use of Incoterms is specified, expensive legal disputes can arise. Division of costs is a most important element in every contract of sale. The parties must know not only who does what but also how costs resulting therefrom should be divided between them. In most cases the fact that a party must do something means that he must also bear the resulting costs, unless otherwise agreed. But there are many exceptions to this principle and uncertainties arise, particularly with respect to services performed by other parties. Also, difficulties arise with respect to the division of costs whenever additional costs are caused by unexpected events, such as hindrances causing a ship to deviate or to remain in a seaport longer than expected. The main principle of the division of costs is clear enough: the seller has to pay costs necessary for the goods to reach the agreed point of delivery, and the buyer has to pay any further costs after that point. But as noted, it is not always easy to implement this principle in practice, since the detailed distribution of functions under the various trade terms is not and cannot be fully defined in Incoterms. Instead, failing precise stipulations in the contract of sale, guidance must be sought from other criteria such as commercial practices used earlier by the same parties or the custom of trade.

• 한국무역상무학회:학술대회논문집
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• 2004.12a
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• pp.9-40
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• 2004

"UNIDROIT Principles 2004" focused on an enlargement rather than a revision. An additional Section or Chapter so to speak, which are about, the Authority of a Agents, Third Party Rights, Set-off, Assignment of Rights, Transfer of Obligations and Assignment of Contracts, and Limitation Periods have been added, while the only change of substance made to the 1994 Edition, apart from two paragraphs in the Preamble, and three new provisions in Chapter 1 and 2 which are necessary to adapt the Principles to the needs of electronic contracting. The Principles which have the nature of the restatement of international uniform laws (for example CISG) are continuous exercise. Therefore we should note whether in the future our concerns would be on a additional topics on a improvement of the current text by monitoring the reception of the "UNIDROIT Principles 2004" in practice, and the application by contracting parties. The purposes of the Principles may be classified into three ; the rules of law governing the contract, means of interpreting and supplementing international uniform law or domestic law, or models for national and international legislator. Among them, the function of governing law may be applied by the express choice by the parties or by the implied choice like "general principles of law" or "les mercatoria", and it may be applied in the absence of any choice of law by the parties. Among there importance functions, this writer would like to emphasize the function to supplementing international uniform law instruments. The reason is that the CISG which has been established as an international uniform sales act and to which our country would be a contracting State from March, 2005, needs a lot of gap-filling. For this purpose it is advisable the parties to insert following provisions in their contract. "This contract shall be governed by the CISG, supplemented when necessary by the UNIDROIT Principles 2004" Thus success in practice of the UNIDROIT Principles over the last then years has surpassed the most optimistic expectations. It is hoped that the 2004 Edition of the UNIDROIT Principles will be just as favorably received by legislators, business persons, lawyers, arbitrators and judges and become even better known and more widely used throughout the World.

• Journal of Industrial Convergence
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• v.16 no.1
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• pp.15-20
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• 2018

Along with the increase of internet shopping, crimes that exploited personal information on the invoice of goods are becoming more and more advanced and becoming more and more classified from the interception of goods through voice phishing attack, injury, sexual offense. Therefore, in order to guarantee the anonymity of the customer's delivery information, there is a need for a delivery tracking prevention system which keeps the route information of the product's destination secret among delivery companies. For this purpose, We suggest that delivery tracing protect model based smart contract for guaranteed anonymity to protect the anonymity by encrypting delivery information and by separation of payment and personal information using the anonymity technique of block chain-based cryptography. Our proposed model contributes to expansion of internet shopping based on block chaining by providing information about product sales to company and guaranteeing anonymity of customer's delivery information to customer.

• Journal of Digital Contents Society
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• v.19 no.7
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• pp.1365-1372
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• 2018

The purpose of this study is to analyze the importance of the determinants of housing sales agency's role in the sale of apartment housing. For this purpose, a hierarchical decision model was constructed to understand the role and importance of the sales agency. The analytical variable items structured by the research model were set up through literature review, precedent research, and expert brainstorming. The questionnaire consisted of two comparisons for AHP analysis and the importance of absolute importance for fuzzy analysis. Afterwards, the work of correcting the importance was carried out. As a result of the analysis, it was found that the contractor prioritized the sale conditions and the sales agency had priority over the planning for the sale. As a result of analysis, planning of customer pre-sale counseling data, planning of client subscription and contract maximization plan, planning method of advertisement public media method were found to be the most important factors. The results of measurement of absolute importance(fuzzy) & relative importance(,AHP) showed similar tendency. Therefore, it can be seen that the timing of the model house operation is an important period in which the subscription rate depends on the role of the sales agency and the marketing strategy.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.29
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• pp.39-61
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• 2006

The governing law in international commercial arbitration may be divided into governing arbitration law and governing substantive law. The former governs the parties' arbitration agreement and the conduct of any subsequent arbitration. But the later governs the parties' substantive rights and obligations, which means the law that governs contract formation and performance, and the law to be applied by the arbitrator to the merits of the dispute. The purpose of this paper is to examine how to determine the substantive governing law when there is express choice or implied choice between parties. Moreover this author checked any restrictions on party autonomy and also any possibilities to deviate from the governing law. In case of express choice the sources of the law or rules of law might be the national law of one of the parties, the neutral law, the general principles of law or lex mercatoria according to the arbitration law selected by the arbitral tribunal. Some arbitration laws or rules empower the arbitrator to decide the case ex aequo et bono or to act as amiable compositions. If the governing law could be determined expressly or impliedly by the parties, the arbitral tribunal would make a selection. In this case the criteria for selecting a governing law are not exactly same from country to country. But failing any indication by the parties as to governing law, the arbitral tribunal should apply the rules of law, the law or the law under the rule of conflict that the arbitrators consider applicable, according to the governing arbitration law. Among the connecting factors offered by the conflict rules, (which means the factors that the arbitrators consider applicable), some legal systems give precedence to the formation of the contract, other system to the place of performance of the contract, and others to the closest connection or centre of gravity. But the Rome Convention, which unified the conflict rules of the contracting states, gives precedence to the law of the domicile of the party which has to effect the performance which is characteristic of the contract. Finally this author suggested the Choice of Law Clause which covers governing substantive law and governing arbitration law at the same time. Thus the UNIDROIT Principles as well as any national law may be included as a governing law in international arbitration. So when we make sales or service contract, we should take into consideration of the UNIDROIT Principles as a governing law or a supplement to the governing law.

• Journal of Distribution Science
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• v.16 no.12
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• pp.81-93
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• 2018

Purpose - The purpose of this study was to propose a specific and empirical continuous transaction strategy through service quality of improvement to small and medium Korean companies whose main business is B2B distribution and sale of general-purpose SW. Research design, data, and methodology - The research procedure is largely divided into two phases. In the first phase, the service quality, the customer satisfaction, and the continuous transaction research hypothesis and the verification are carried out. Experimental data were collected from 450 companies, CEO companies of SMEs innovation institutes, and 510 companies from medium and large enterprises. From September 15 to October 5, 2015, 215 questionnaires were used. And research hypothesis and test were conducted by SPSS SW Ver. 20. Results - The results of the study confirm that service quality has a positive effect on customer satisfaction and continuous transaction: as the detailed items for improving the service quality, 'responsiveness', 'assurance' and 'empathy' have been adopted. Therefore, there are critical factors of a company's survival through continuous transaction. Conclusions - Through this study, we confirmed that the survival of small businesses require continuous improvement in service quality. Among the factors improving service quality, empathy means service satisfaction of customers; so, it is necessary to continuously improve it by evaluating customer satisfaction. Responsiveness means rapid response to customer needs and reliability; it is necessary to enhance customer responsiveness by continuous job training and service training. Finally, assurance is the same as sales product or after service. This means that it is necessary to not only issue the "supply contract," but also improve the reliability of the sales product by securing the competence of the consulting professional. However, because the service quality measurement factors selected in this study are the measurement factors that are mainly applied to large companies or those in the service industries, it is important to consider the type of sales of software distribution companies.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.60
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• pp.27-46
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• 2013

The Incoterms and United Nations Convention on Contract for the international Sales of Goods(CISG) allocate a risk in their articles. These rules make a decision that the parties who make a transaction are bound to bear the risk or damages of goods. Though a goods have a damages or loss during a transportation, buyer is liable for the payment of purchase price. In this case, this paper defines the meaning whether who can bear the risk under Incoterms and CISG. In the majority cases which deal between parties, after shipment or at the end of carriage, the loss or damages are found in buyer's hand. If a damages or loss is made during transit, customarily these risk are covered by insurance. Otherwise, these rules provide a tools for solving this problems. Then, between parties should be accomplished their target equitably.

• Journal of the Korean Operations Research and Management Science Society
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• v.6 no.1
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• pp.57-64
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• 1981

The continuous increase of crude oil consumption has struck great impact into the world economy, When we consider disadvantageous articles in contract for oil import, it would be desirable to import in batch the total quantity of crude oil contracted, but which is not available under the present situation which has many constraints This paper treats of the ways to deliver the crude oil in a given period so as to maximize the profit derived from the sales of oil products, To do this we should consider the prices of crude oil and oil products, inventory cost, transportation cost, oil refinement cost, and fluctuations of these parameters in a given period. The case of Korea Oil Corporation is treated in this paper to generalize the problem of crude oil transportation from Middle East and formulated in a mathematical programming. This programming is transformed into Dynamic Programming through specifing states, stages, payoffs, and recursive function. To clarify these procedure and methods, the case of Korea Oil Corporation is dealt with again and demonstrated in detail.

• Proceedings of the Korean Society of Computer Information Conference
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• 2018.07a
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• pp.517-518
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• 2018

국내 제약 산업은 상위 30대 기업이 전체 생산 매출의 55.1%를 차지하는 불균형적인 구조를 가지고 있으며, 중소업체들은 공급자 과잉의 힘든 상황 속에 처해 있다. 이러한 가운데 중소제약업체를 중심으로 기존 설비를 활용하여 외국 제약회사의 Original 의약품을 복제한 Generic 의약품을 생산하여 납품하는 OEM/ODM 방식의 위탁생산이 증가하고 있다. 또한 글로벌 바이오의약품을 중심으로 CMO(Contract Manufacturing Organization) 생산에 대한 관심이 높아지고 있다. 본 연구에서는 의약품 위 수탁 사업에 있어서 영업사원의 핵심역량인 정보제공, 전문성, 판매기술, 태도 및 관계형성, 업무유연성이 고객 만족에 미치는 영향을 분석하여 CMO업체의 경쟁력 강화를 위한 방안을 제시하고자 한다.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.19
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• pp.224-242
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• 2003

The author believes that the main task of study in international trade usage and practice is the management of transactional risks involved in international sale of goods. They are foreign exchange risks, transportation risks, credit risk, risk of miscommunication, etc. In most cases, these risks are more serious and enormous than those involved in domestic sales. Historically, the merchant adventurers organized the voyage abroad, secured trade finance, and went around the ocean with their own or consigned cargo until around the $mid-19^{th}$ century. They did business faceto-face at the trade fair or the open port where they maintained the local offices, so-called "Trading House"(商館). Thererfore, the transactional risks might have been one-sided either with the seller or the buyer. The bottomry seemed a typical arrangement for risk sharing among the interested parties to the adventure. In this way, such organizational arrangements coped with or bore the transactional risks. With the advent of ocean liner services and wireless communication across the national border in the $19^{th}$ century, the business of merchant adventurers developed toward the clear division of labor; sales by mercantile agents, and ocean transportation by the steam ship companies. The international banking helped the process to be accelerated. Then, bills of lading backed up by the statute made it possible to conduct documentary sales with a foreign partner in different country. Thus, FOB terms including ocean freight and CIF terms emerged gradually as standard trade terms in which transactional risks were allocated through negotiation between the seller and the buyer located in different countries. Both of them did not have to go abroad with their cargo. Instead, documentation in compliance with the terms of the contract(plus an L/C in some cases) must by 'strictly' fulfilled. In other words, the set of contractual documents must be tendered in advance of the arrival of the goods at port of discharge. Trust or reliance is placed on such contractual paper documents. However, the container transport services introduced as international intermodal transport since the late 1960s frequently caused the earlier arrival of the goods at the destination before the presentation of the set of paper documents, which may take 5 to 10% of the amount of transaction. In addition, the size of the container vessel required the speedy transport documentation before sailing from the port of loading. In these circumstances, computerized processing of transport related documents became essential for inexpensive transaction cost and uninterrupted distribution of the goods. Such computerization does not stop at the phase of transportation but extends to cover the whole process of international trade, transforming the documentary sales into less-paper trade and further into paperless trade, i.e., EDI or E-Commerce. Now we face the other side of the coin, which is data security and paperless transfer of legal rights and obligations. Unfortunately, these issues are not effectively covered by a set of contracts only. Obviously, EDI or E-Commerce is based on the common business process and harmonized system of various data codes as well as the standard message formats. This essential feature of E-Commerce needs effective coordination of different divisions of business and tight control over credit arrangements in addition to the standard contract of sales. In a few word, information does not alway invite "trust". Credit flows from people, or close organizational tie-ups. It is our common understanding that, without well-orchestrated organizational arrangements made by leading companies, E-Commerce does not work well for paperless trade. With such arrangements well in place, participating E-business members do not need to seriously care for credit risk. Finally, it is also clear that E-International Commerce must be linked up with a set of government EDIs such as NACCS, Port EDI, JETRAS, etc, in Japan. Therefore, there is still a long way before us to go for E-Commerce in practice, not on the top of information manager's desk.