• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.63-82
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• 2003

The time of examination of buyer in international sales contract is very significant, because the time is related with the period of claim in buyer's aspect. From the legal point of view, the time of delivery, the time of examination and the time of quality decision should be in accord. But the buyer, whose main place of business is located in importing country, wants to examine the goods in his own country. Therefore in CIF or FOB Contract, the place of delivery and the place of examination are divided. Thus the CISG, the Common Law System and the Civil Law System including Korean Law stipulate the buyer's examination at the destination if the sales contract involves carriage of the goods. This author, from the buyer's perspective, would like to make the following suggestions in regard to the time of examination when the sales contract is made. First, the time of examination and the time of quality decision should be in accord, even though the time of delivery is different. Second, the buyer should clearly indicate the time, the place, the inspector, the particulars and the burden of proof in regard to examination when contracting. Third, the buyer should also clearly indicate the period of notice for the lack of conformity in Claim Clause of sales contract, which should be counted from the time of examination. Fourth, the buyer should remember that he many lose the right to rely on the lack of conformity of the goods if he does not give the seller notice thereof within the stipulated time or reasonable time. Finally, if the buyer wants, to examine the goods at the place of shipment, it is desirable for the buyer to designate internationally recognized inspection organization like SGS.

• Journal of Veterinary Clinics
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• v.29 no.1
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• pp.58-62
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• 2012

To protect aquatic animal health of importing countries from the potential risks associated with exotic diseases introduced through international trade of live aquatic animals, inspection of designated commodities at ports of entry is a critical component of the safeguarding system. The only way to be 100% confident that no fishes in a shipment are infected with a specific agent is to test every fish in the commodity imported with a perfect diagnostic test. For the majority of cases, this is unrealistic since the group of interest may very large particularly for aquatic animals, or imperfect tests are often available. It is, therefore, more common to test a fixed proportion of a group by preplanned sampling schemes. However, decision making based on results of testing the sample can provide quite a chance that infected groups may be misclassified as uninfected, depending on sampling strategy employed. The objective of this study was to determine the possibility that one or more fishes in the group imported being infected but tests negative after inspecting samples. This question is critical to government authorities to examine whether sampling plan is sufficient to achieve the purpose intended for. At fixed population size, the maximum number of infected fishes when all tests negative was decreased as the sampling fraction increased. The probability of including at least one undetected but infected fish in a group for negative tests increased with the number of fish tested or true prevalence. The risk was much lesser where high sensitivity test was assumed; when increasing test sensitivity from 0.9 to 0.99, this risk was dramatically reduced to about a tenth or a fourth for prevalence ranges from 2 to 10%, given sample size ranges from 10 to 200. Based on the preliminary analysis, the author concluded that current sampling plan testing 4-8% of the import proposal for human consumption still can yield high false negative results. Therefore, from the quarantine inspection point of view, an enforced commodity-specific sampling design that accounts for the cost of testing with an imperfect test at the specified design prevalence is urgent.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.41 no.4
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• pp.238-247
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• 2018

This paper considers the problem of scheduling loading and unloading operations of a crane in a railway terminal motivated from rail-road container transshipment operations at Uiwang Inland Container Depot (ICD). Unlike previous studies only considering the total handling time of containers, this paper considers a bi-criteria objective of minimizing the weighted sum of the total handling time and tenant service time. The tenant service time is an important criterion in terms of terminal tenants who are private logistics companies in charge of moving containers from/to the terminal using their trucks. In the rail-road container shipment yard, the tenant service time of a tenant can be defined by a time difference between beginning and finishing loading and unloading operations of a crane. Thus, finding a set of sequences and time of the crane operations becomes a crucial decision issue in the problem. The problem is formulated as a nonlinear program which is improved by linearizing a nonlinear constraint in the model. This paper develops a genetic algorithm to solve the problem and performs a case study on the Uiwang ICD terminal. Computational experiment results show that the genetic algorithm shows better performance than commercial optimization solvers. Operational implications in terms of tenants are drawn through sensitivity analyses.

• Korean Journal of Agricultural Science
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• v.49 no.1
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• pp.61-75
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• 2022

The first purpose of this study is to evaluate the usefulness of pork traceability data, which is monthly time-series data, and to draw implications with regard to its usefulness. The second purpose is to construct a dynamic ecological equation model (DEEM) that reflects the biological characteristics at each growth stage, such as pregnancy, birth and growth, and the slaughter of pigs, using traceability data. With the monthly pig model devised in this study, it is expected that the number of slaughtered animals (supply) that can be shipped in the future is predictable and that policy simulations are possible. However, this study was limited to traceability data and focused only on building a supply-side model. As a result of verifying the traceability data, it was found that approximately 6% of farms produce by mixing great grand parent (GGP), grand parent (GP), parent stock (PS), and artificial insemination (AI), meaning that it is necessary to separate them by business type. However, the analysis also showed that the coefficient values estimated by constructing an equation for each growth stage were consistent with the pig growth outcomes. Also, the model predictive power test was excellent. For this reason, it is judged that the model design and traceability data constructed with the cohort and the dynamic ecological equation model system considering biological growth and shipment times are excellent. Finally, the model constructed in this study is expected to be used as basic data to inform producers in their decision-making activities and to help with governmental policy directions with regard to supply and demand. Research on the demand side is left for future researchers.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.13 no.2
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• pp.115-123
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• 2018

This study is empirically intended to put forward the modeling and process improvement measures for the SCM capability in small venture firms. The findings are summarized as follows. There were strategic alliance, technological development and centralization in the modeling of strategic planning for supply chain, not the least of which is strategic alliance, followed by centralization and technological development. There were routing scheduling, network integration and third party logistics outsourcing in decision making, not the least of which was network integration. There were customer service management, productivity management and quality management in management control, not the least of which was quality management. And there were order management choice, pricing demand, shipment delivery and customer management in transaction support system, not the least of which was order management choice. As for the above-mentioned findings, to maximize the SCM capability and operate the optimized process in small venture firms, the existing strategic alliances can optimize the quality management and stabilize the transaction support system through the network sharing and integration from the perspective of relevant organizational members' capability and process improvement. And the strategic linkage between firms can maximize the integrated capability of information system beyond the simple exchange relation between electronic data, achieving a differentiated competitive advantage. Consequently, the systematization and centralization for the maximization of SCM capability, including the infrastructure construction based on the system compatibility and reliability for information integration, should be preceded before the modeling of the integrated capability for optimum supply chain and the best process management in the smart era.

• Journal of Navigation and Port Research
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• v.34 no.6
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• pp.487-492
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• 2010

Ulsan Port is the biggest base port for liquid cargoes in Korea and is pushing in earnest for the development of the 'Ulsan New Port' and 'Northeast Asia Oil-Hub' to prepare for continuous shipment growth. However, Ulsan is in the situation which the harbour limit and anchorages are narrower than other trading ports and the occurrence probability of marine accidents is very high due to heavy marine traffic. We will find and suggest the plan to enlarge the harbour limit essentially needed to expand anchorages considering the geomorphological features of Ulsan and the volume of marine traffic in this research. For the enlargement of harbour limit needed to expand anchorages, the anchorage area needed for Ulsan New Port was calculated after the quantitative analysis of enlargement range through the mutual comparison of the area of harbour limit and anchorages with berths and the volume of marine traffic. The reasonable type of harbour limit, which is based on the survey by a group of experts, was also determined after the decision of the range of harbour limit to accommodate the relevant anchorages.

• The Journal of Fisheries Business Administration
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• v.34 no.2
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• pp.91-107
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• 2003

Distribution of fish products from Tongyoung Marine ranching can be classified by three routes such as street-stall, live fish transportation vehicles, and wholesale markets neighboring unloading ports. These methods of distribution, however, have been restricted by limited distribution right, difficulties to differentiate fish prices from other surfaces, simple marketing channels. The ratio of cultured live fish circulated in market is increasing while naturally caught live fish is decreasing and the fresh fish shows a little of increasing rate. Consumers purchasing routes mainly depend on the live fish transportation merchants. For fresh fish traditional market plays an important role in trade. Convenience for consumers and quality of products are main factors in making decision of purchases. Bargaining power, however, belongs to the live fish transportation merchants. The demand of special markets for live fish was very strong, and the convenience and quality are relatively important required factors. Catch from Tongyoung Marine ranching has very good reputation as the possibility of being a good brand. Expecting possibility of quality differentiation was higher than price differentiation specially. The possible conclusion of a contract of a supply was suspicious however. Preliminary quality evaluation revealed that the catch is better than the cultured but worse than naturally grown fish. A merchandising is to be in a better position in the formation of prices by giving $\ulcorner$brand image$\lrcorner$ to potential consumers. The target markets are retail stores such as restaurants for raw fish and final consumers. The staple markets are retail stores. Possible items of products are live fish, fresh fish for cook, and fresh fish for raw fish. It is necessary for the catch to be informed as new functional products that have been improved in safety and quality, since the product positioning is similar but not well known to consumers. To secure a brand it is required to register a trademark, eco-label product design or packing, use real name in tranction, introduce recall system, and put label. Price higher than naturally grown live fish should be targeted. Establishing broad distribution channel, wholesale market, franchise are required. To secure enough catch and control shipment of products facilities of containing live fish are necessary. Instead of dealing with live fish only, it would be better to. sell fresh fish and live fish simultaneous. Strategically promotion focuses on advertisement of Marin ranching at first and then focuses on the catch from the marine ranching.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.117-149
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• 2015

On May 16, 2014 the Supreme Court of Korea rendered its decision with respect to litigation filed by All Nippon Airways Co., Ltd. ("ANA") for revocation of an order of correction and payment of a penalty imposed by the Korea Fair Trade Commission ("KFTC"). On or around September 2002, ANA and various airlines operating air cargo service from Japan to Korea were allegedly to have agree to introduce of fuel surcharge into their rates on cargo fares in an attempt to recoup falling profits from rising of oil price. As this hard core cartel was per se prohibited under Korean competition law (The Monopoly Regulation And Fair Trade Act), KFTC began an investigation and consequently with fruitful results imposed an amount of penalty and issued an order of prohibition. ANA protested against this imposition by filing suit against KFTC under the reasons that (1) their agreement was simply pursuant to the relevant laws and regulations including Air Transport Agreement between Korea and Japan, (2) there was an administrative guidance from Japanese government to allow this agreement, (3) extraterritorial application of Korean competition law to the agreement in this matter was improper as it was made within Japan and targeted only for the shipment from Japan to Korea: accordingly there is not a direct and serious effect between the agreement and any result of anti-competitive. This article aims to review ANA's allegation and the judgement delivered by Korean court under some issues respectively; (1) whether there is an effectively actual anti-competitive cartel between airlines including plaintiff, (2) whether filed rate doctrine is reasonable and applicable in this case for precluding wrongfulness, (3) what is the reasonable limitation of boundaries in extraterritorial application of Korean competition law. Additionally, this article also suggests to concern particular features of air transport business as an regulated industry in judging the unfair restrain on competition.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.1
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• pp.3-36
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• 2016

Recently, the Supreme Court of Korea delivered a milestone judgment about air related multimodal transport. At there, the mattered cargo, some expensive jewellery, was transported from Qingdao, China to downtown office of consignee at Seoul via Incheon airport in Korea. As an air waybill was issued in this case, there was an air transport agreement between consignor and air courier operator. After arriving at Incheon airport, the shipment was transport by land arranged by the air courier operator, who was a defendant in this case. Upon arriving at the final destination, it was found that the jewellery was lost partly and based on circumstantial evidence, the damage presumed to be occurred during the land transport. As a subrogee, the insurance company who paid for consignee filed an action against the air courier operator for damage compensation. Defendant contended that Montreal convention should be applicable in this case mainly for limited liability. The lower court of this case confirmed that applying the limited liability clause under Montreal Convention is improper under the reason that the damage in this case was or presumed to be occurred during surface transport. It was focused on the Montreal Convention article 18 which says that the period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. However, the Supreme Court overturned the lower court's decision. The delivered opinion is that the terms of condition on the air waybill including limited liability clause should be prevailed in this case. It seems that the final judgment was considered the fact that the only contract made in this case was about air transport. This article is for analysis the above decisions from the perspective that it is distinguishable between a pure multimodal transport and an expanded air transport. The main idea of this article is that under the expanded air transport, any carriage by land, sea or inland waterway only for the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment is still within the scop of air transport.