• 무역학회지
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• 제42권2호
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• pp.205-225
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• 2017

본 연구는 신용장거래에서 불일치서류에 대한 은행의 지급거절통지의 절차를 한·중 판례를 중심으로 고찰한다. 한·중 무역거래 비중이 높은 상황에서 한국 기업과 신용장을 개설하는 우리나라 은행들이 서류심사 결과로서 지급거절을 통지함에 있어 주의해야 하는 사항들과 신용장 관련 분쟁을 해결하기 위한 방안에 대한 제언을 목적으로 한다. 본 연구에서 고찰한 판례는 중국 매도인이 개설은행을 상대로 중국법원에 소를 제기한 것으로, 개설은행의 지급거절통지가 UCP 600 제16조 (c)항 (ii) (iii)의 내용적인 요건을 충족하지 못한다고 판시한 중국법원의 판결이다. 본 판결을 볼 때, 우리나라 기업들과 신용장 개설은행들은 첫째, UCP 600 제16조 (c)항의 규정에 근거하여 하자에 대한 통지의 내용을 자세하게 기재해야 한다. 둘째, 신용장 계약에서도 무역계약 마찬가지로 준거법에 대한 합의를 명확히 하는 것이 필요하다. 셋째, 한·중거래에서 중국법원의 편파적인 판결과 더불어 외국법원의 판결이 중국에서 집행이 어려운 점을 감안해서 분쟁해결 방식으로 중재를 활용하는 것이다. 신용장 개설 시 중재조항을 삽입하여 법적인 효력을 갖도록 하고, 국제신용장중재센터나 DOCDEX 시스템을 활용하는 것을 권고한다.

• 유통과학연구
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• 제13권4호
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• pp.65-76
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• 2015

Purpose - This article aims to present and test a model regarding franchisors' supporting activities that may positively influence franchisees' attitude toward the franchising headquarter and their own business performance. Moreover, the authors examine the moderating effect of competitive intensity between franchisee attitude and business performance. Most previous research focused on behavioral performance measurements such as satisfaction, trust, and commitment. There are few empirical studies that focus on financial performance data because it is difficult to determine a relational mechanism between behavioral and financial performance. Moreover, financial data is confidential and difficult to collect in many cases. However, this study measures financial performance (e.g., sales revenue per square meter) differently than most previous research, which is mostly focused on the behavioral performance measurements. Research design, data, and methodology - To test our hypotheses, we selected 137 franchisee managers who are running chains of one of the foremost bakery franchise brands in South Korea. This study carefully investigated the reliability, content validity, convergent validity, and discriminant validity of the proposed instrument by analyzing the data obtained from the samples. The data was analyzed using the AMOS structural equation modeling program. Results - The results indicated that: non-financial support activities (e.g., information exchange and communication) had a positive impact on the franchisee attitude toward the franchising headquarter. The franchisee attitude in turn had a positive effect on the headquarters' business performance. Furthermore, competitive intensity could enhance the relationship between franchisee attitude toward franchising headquarter and business performance in a local franchise market. However, financial support activities (e.g., rewards and promotional support) and training had no relationship with either franchisee attitude or business performance. Conclusions - This study provides some practical implications to franchisors in terms of franchise operation and store opening strategies. With respect to the franchise operation strategy, franchisors need to focus on non-financial rather than financial support. Most franchisees consider the necessity of financial support activities and not their sufficiency because these activities are specified in their franchise contract. In addition, it is important for franchisees to maintain a positive attitude for the franchise headquarters. The franchisees with a positive attitude for the franchisor can show a high degree of solidarity for various support activities, and it consequently determines franchisees' sales performance. In terms of franchise store opening strategy, this study suggests an additional criterion that can be considered in determining the location of direct and non-direct management stores (e.g., franchisees' stores). In this research, franchise stores located within high level of competitive intensity are shown to have a high relationship between franchisee attitudes of franchisor support activities and business performance compared to the franchisees located within low competitive intensity level. This result shows that opening non-direct franchise stores is more effective than direct stores in higher competitive market situations. Research contribution, implications, and further research directions are discussed at the end of the paper.

• 무역상무연구
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• 제17권
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• pp.251-293
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• 2002

The study is a comparative and analytical study which comprises of the analysis of the rules of the buyer's right to withhold performance where the seller delivers defective goods or documents of three legal systems; the CISG, English law and Korean law. The purposes underlying this study are twofold. The first is to clarify the current position as to the right of withholding performance in the event of the seller's tender of defective goods or documents in Korean law, CISG and English law so that it may assist the parties in drafting the buyer's right to withhold performance in their own contract. The second is to compare the rules of one jurisdiction with those of other jurisdictions and to evaluate the rules in light of the practical functions and benefits of the right to withhold performance and the discipline of comparative law the basic question of which is whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. It shows that each jurisdiction does not have any provision or case law specifically dealing with the buyer's right to withhold performance where the seller delivers the goods which are defective in terms of quality or quantity. The absence of such provision or case in each jurisdiction has resulted in either disputes or uncertainty. However, the study executed in light of the primary functions and benefits of the right in practice and the discipline of comparative law reveals that, first, the view in English law which is against recognizing the right may not be justified when one considers the practical importance of having the right and the position taken by the CISG as a well developed and modernized law, second, the view in Korean law which argues that the principle of specific goods dogma on which it is based is extended even to substitutable or repairable goods cannot be also justified on the ground of one's ordinary expectation and the position under the CISG and English law which imposes a contractual duty to deliver non-defective goods on the seller insofar as the buyer's payment is deemed to be made in exchange for the seller's delivery of non-defective goods and they are substitutable or repairable. Regarding the right to withhold performance in the event of the seller's tender of defective documents, the study shows that the relatively detailed rules in English law may be utilized as a guideline to fill the gap in the CISG and Korean law in terms of the practicability and appropriateness to govern documentary sales. Furthermore, it is found that the position in English law which confers on the buyer the right to withhold performance for a trivial defect in documents may be unreasonable in terms of one's need to enable justice to be done in individual cases.

• 무역상무연구
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• 제22권
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• pp.3-48
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• 2004

Many presentations of documents are rejected because credits have been incorrectly issued. One reason of rejecting the documents is related with error in application stage of L/C. Errors may take the form of mismatches between the terms of the sales contract and the provisions stipulated in the credit. Thus, Article 5 encourages applicants to make their contribution to the smooth running of the letter of credit process by being unambiguous and brief. Another reason that the banks reject the documents relates to the ambiguity of the term "International Standard Banking Practice" That is to say, UCP500 Art.13 introduced the term "International Standard Banking Practice"(ISBP) without the definition so that one wonder what ISBP is or how ISBP apply in daily work of bankers, examination of documents. From hence, International Chamber of Commerce(ICC) started the work to document ISBP at May 2000, finally approved the result last year and published the publication titled "International Standard Banking Practice for the examination of documents under documentary credits." By applying ISBP in document examination stage, I expect that the freqency of rejecting the documents grow less and bankers' work of examination become easy. On the other hand, ISBP is supplement to UCP500 so that the interpretation of ISBP is made on the basis of understanding of UCP and its underlying principles. So, I reviewed each paragraphs of ISBP on this basis and tried to indicate contradiction between ISBP and UCP500. But because of reading not enough, I failed to search the connotative sense many paragraphs have.

• 대한전기학회:학술대회논문집
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• 대한전기학회 2009년도 제40회 하계학술대회
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• pp.2129_2131
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• 2009

Since Jan. 2004, the Ministry of Construction and Transportation has partly introduced estimation system of historical cost data in order to reflect result cost of construction market to cost estimation for public construction. It is expected that the purpose of the introduction would be evaluated considering the long-term development of domestic construction industry. In article 3, paragraph 4 of the planning criteria of estimated cost of financial regulation related to government contract rule, the profit estimated by historical cost data indicates sales profit and it is calculated by multiplying the sum of direct cost, indirect cost and general overhead by rate of profit. Finally, it is said that rate of profit cannot exceeds 10%. However, there are a lot of constructions for electronic equipment in the electronic construction and the proportion of government furnished material is very high, not like engineering works or constructions. Therefore, as the proportion of material cost over direct cost is relatively lower, if current rate of profit (10%) is applied, there would be a wide difference of cost in the items of profit under the estimation system of historical cost data. This paper was conducted to examine estimation methods of the items of profit under the estimation system of historical cost data and suggest reasonable applications.

• 유통과학연구
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• 제15권2호
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• pp.91-100
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• 2017

Purpose - Domestic franchise market has been grown steadily, reaching 50 trillion won in sales and 3,360 franchise headquarters in 2014. A franchise system is an effective business system for the franchisees to lower the failure rate due to the fact that the inexperienced entrepreneurs are supported by their headquarters through the franchisee contract. However, there are also conflicts between franchiser and franchisee behind the quantitative growth of domestic franchise industry. Therefore, it is very important to structure the causes of conflicts and to examine the effect of factors on the relationship commitment and performances. Research design, data, and methodology - In this study, the author divides the composite incompatibility between the franchise and the franchisee into goal incongruity, domain dissensus, and perceptual differences, and examines each dimension to the relationship with commitment and performances. To verify the proposed research model and test hypotheses, the author selected 200 franchise responses in food and beverage industry. The data were analyzed using SPSS 18.0 and AMOS structural equation modeling program. Results - The empirical findings provide goal incongruity and perceptual differences have a negative effect on the affective commitment, but not the calculative commitment. In addition, affective commitment and calculative commitment are found to have a positive effect on re-contractual intention and extended brand shop running intention, respectively. Affective commitment have a stronger effect on re-contractual intention than calculative commitment. Conclusions - First of all, the fact that goal incongruity and perceptual differences negatively affect the affective commitment, but it does not affect the calculative commitment. It means the relationship commitment in distribution channel are multi-dimensional concept that may be attributed to emotional or affective dimensions but may exist in terms of necessity or power-dependence. Second, the level of relationship commitment such as affective and calculative commitment to franchise headquarters positively affects the re-contractual intention and franchiser's extend brand shop running intention suggest that franchiser should encourage and support existing franchisee's commitment. Third, the fact that affective commitment has a greater effect on relationship performance than calculative commitment means to induce franchisee's affective commitment and to prevent the inconsistency between goals and perceptual differences.

• 통상정보연구
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• 제7권3호
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• pp.195-212
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• 2005

International trade has been changed from traditional trade to e-trade due to the fast expanding of information technology like e-marketplace, EDI (Electronic data interchange) using Internet since mid of 1990's. e-Trade, as a new trade method, could handle every trade procedure such as market research, contract, customs clearance, logistics and payment using IT like internet without restriction of time and space. The evolution of transaction-based business model is upon us. The business models of many e-Marketplace in their early stages have typically been based on transaction fees. Many e-Marketplaces have even called out transaction revenues as a core element of their business plans. The transaction business represents the most simple of business models, but it does not provide a long-term sustain able advantage. For buyer's convenience, wide selection and test price hold appeal. For suppliers, the extended global market reach and direct access to customers and consortiums of customers is powerful. To maximize leverage of these new e-marketplace, you must from both a buyer perspective as well as a supplier perspective. Also required is a strategy that takes in account all of the various e-Marketplace transaction standards and one that allows the easy accomodation to new e-marketplace as the market change. These new e-marketplace will need to be factored into the sales channel strategies. To be successful, integration with these e-marketplaces should occur at a complete business process level. This study would suggest on the role of buyers and sellers for e-trade which could maximize effect of e-trade in order to cope with rapid changing IT environment and global trade environment. Therefore, this study suggests top priority tasks for implementing on the specialization strategy of e-trade process.

• 한국산학기술학회논문지
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• 제14권11호
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• pp.5570-5575
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• 2013

이 연구에서는 산 학 연 전문가들을 대상으로 향후 국내 식물공장 시스템의 활성화를 위한 발전방향의 우선순위를 도출하고 부문별 중요도를 분석하였다. 분석결과에 따르면, 식물공장 발전을 위해서는 최우선적으로 경제성이 확보되어야 한다. 경제성을 확보하기 위해서는 계약재배에 의한 주년생산을 통해 판로확보와 출하시기 조절이 요구되며, 기술개발 R&D 부문에서는 LED, 형광등 등 광원 및 조명기술이 중요한 것으로 나타났다. 한편, 정책 및 제도개선 부문에서는 무엇보다 소비자 인식 전환이 이루어져야 하며 그 다음 설비 투자 지원정책이 뒷받침되어야 한다. 식물공장의 정착을 위해서는 전후방 산업을 중심으로 인프라가 구축되어야 하며 기술개발과 지원정책을 통해 설치 운영비 절감이 이루어져야 한다.

• 대한전기학회:학술대회논문집
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• 대한전기학회 2007년도 춘계학술대회 논문집 전기설비전문위원
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• pp.155-159
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• 2007

Since Jan. 2004, the Ministry of Construction and Transportation has partly introduced estimation system of historical cost data in order to reflect result cost of construction market to cost estimation for public construction. It is expected that the purpose of the introduction would be evaluated considering the long-term development of domestic construction industry. In article 3, paragraph 4 of the planning criteria of estimated cost of financial regulation related to government contract rule, the profit estimated by historical cost data indicates sales profit and it is calculated by multiplying the sum of direct cost, indirect cost and general overhead by rate of profit. Finally, it is said that rate of profit cannot exceeds 10%. However, there are a lot of constructions for electronic equipment in the electronic construction and the proportion of government furnished material is very high, not like engineering works or constructions. Therefore, as the proportion of material cost over direct cost is relatively lower if current rate of exceeds (10%) is applied, there would be a wide difference of cost in the items of profit under the estimation system of historical cost data. This paper was conducted to examine estimation methods of the items of profit under the estimation system of historical cost data and suggest reasonable applications.

• 디지털융복합연구
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• 제16권12호
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• pp.217-229
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• 2018

이 연구에서는 미분양 아파트 단지의 세대별 계약 자료에 데이터 마이닝 기법인 의사결정나무, 신경망, 로지스틱 모형을 적용하여 세대별 초기계약을 예측하는 모형을 개발한다. 모형 개발에는 위례신도시 미분양 아파트 단지의 계약 자료가 이용되며, 이 자료는 훈련용 자료와 검정용 자료로 분할되어 분석에 투입된다. 훈련용 자료에서는 신경망, 의사결정나무, 로지스틱 모형 순으로 예측력이 뛰어났지만 검정용 자료에서는 로지스틱 모형이 가장 우수하게 나타났다. 이 같은 결과는 신경망이 훈련용 자료에 최적화된 모형으로 구축되면서 검정용 자료에 대한 적응성이 떨어져 나타난 결과로 판단된다. 의사결정나무와 로지스틱 모형을 병행 적용한 결과, 층수, 향, 세대 위치, 전기 및 발전기실의 소음, 청약자 거주지, 청약 종류가 초기계약에 영향을 주는 것으로 나타났다. 이는 두 가지 모형을 같이 사용하는 것이 초기계약 결정요인 발굴에 더 효과적이라는 것을 의미한다. 이 연구는 데이터 마이닝의 적용 범위를 주택 분양 예측까지 확장함으로써 융복합 분야 발전에 기여하고 있다.