• Title/Summary/Keyword: The place of payment

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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
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    • v.22 no.1
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    • pp.65-88
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    • 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.

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A Study on the Issues and Improvement of the Existing Environmental Impact Assessment System - Evaluation in an operator Viewpoint - (현행 환경영향평가 제도의 문제점과 개선방안 - 실무자적 관점에서 검토 -)

  • Lee, Seung-Won;Kim, Jung-gun;Seo, Jung-Kuk
    • Journal of Environmental Science International
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    • v.27 no.5
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    • pp.281-289
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    • 2018
  • The Korean environmental impact assessment(EIA) system, and explored ways to improve it as a more efficient and viable institution relevant to the demand of our time and conditions in study. The first problem this study identified is found in the fact that the party to write up the assessment report is itself the business operator or the one who is planning to work out the business plan. This structure translates into placing an order with an agent for EIA report. The reporting job may br subcontracted to the agent at a cost far below the rate specified in the 'Standard for Estimate of Agency Fee for Environmental Impact Assessment.' This practice also causes the vicious circle of producing a report that is written to justify the project or business in question or it leads to rough-and ready and poor documentation to minimize the time required. Second, in order to achieve the goal of the plan or business, which is the target of EIA, the local residents tend to ve regarded as an obstacle. This means elimination of the local people from participating in the EIA or their opinion being frequently ignored. This is the seed of distrust and hostility that sometimes provoke disagreements or fierce conflicts. The first proposal to improve these problem is to improve the factors that cause poor documentation of the assessment report as well as improve the understanding of the EIA system. This study proposes the following measures for improvement. The agency cost for EIA should be paid by the business operator or a third party that can ensure faithful implementation of the payment. A system should be established to verify transparent estimation of the agency cost. In order to enhance the professional quality of EIA agents, there should be implementation of qualification test for industrial engineer of related engineers in addition to the current EIA Qualification Test. The second proposal for improvement is to improve the citizen participation process by instituting a legal framework to make clear the purpose of the briefing session for local residents, which is held as a procedure of EIA, and to ensure more positive publicity during the stage of listening to the opinion of the local community. For a smooth and rational communication process, a moderator and a communicator of opinion, as is the case in a public hearing, could be instituted to clearly get the purpose of the briefing session across to the residents and to help to carry out the explanation and Q & A sessions according to the categories of the opinion of the residents. At present, the notification of the public inspection of the draft of the assessment report and briefing session for the residents is made on the newspaper and internet network. But some people have difficulty with access to this method of announcement. A higher participation rate could be secured if a legal provision is added to specify putting up placards in specific places such as the entrance to the place for the briefing session for residents or the building of administrative agencies of the area concerned.

A Study of the status of Dental technicians' leisure activities (치과기공사의 여가활동 실태에 관한 연구)

  • Kwon, Soon-Suk;Kim, Yoon-Shin
    • Journal of Technologic Dentistry
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    • v.30 no.1
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    • pp.83-96
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    • 2008
  • This study aims to analyze the major factors in their working conditions affecting the enlargement of leisure activities of dental technicians. We also present a need for dental technicians to assign more time many different kinds of leisure activities for their quality life. To this end, we examined the status and the characteristics of dental technicians' leisure activities among the randomly selected subjects who are working in the area of Seoul, Gyonggido, and Gangwon-do through the analysis of the 311 sheets of self-administered questionnaires. The conclusions from this analysis are as follows; 1. On weekdays, non participants in leisure activities were found to be 64.0%, and in the case of weekends, the participants were reached to 70.7%. Those who enjoy any leisure activities in either of weekdays and weekends were 34.1%, 27.3% of the dental technicians did not have any leisure activities. Therefore, statistical significance was shown in the participations of leisure activities between weekdays and weekends. 2. Of the types of leisure activities in both weekdays and weekends, sports activities were ranked at the top 33.4%, 29.6% respectively, which is followed by going to the cinema/theatre/exhibitions, etc 21.9%, 26.0%, games/entertainment 14.5%, 14.8%, hobbies/cultural activities 14.1%, 12.5%, sightseeing/picnic 6.4%, 7.4%. 3. Of the differences in the characteristics of leisure activities, the types of leisure activities between weekdays and weekends showed difference in gender, company and information regarding leisure activities in age, company and the place of leisure activities, and leisure information in the marital status, career and monthly income in company, company and leisure information in the job position, which is statistically significant (p<.001). However, no statistical significance was found among the other general items of the characteristics of leisure activities. Considering only works on weekdays policy is currently permeating into almost every business sector, dental business owners or managers are advised to consider more effective time management or human resources management, such as keeping reasonable manufacturing time through cooperations with the dentists, regularity of working hours, incentive system, introduction of credible over time payment. Which will provide their staff with more times and opportunities to enjoy their leisure activities. Additionally, the concrete and feasible ways of motivating and activating the leisure activities of dental technicians are in need of further researches and studies.

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Pseudo-Integrators in the Evolution of Bores′s Broiler Integration (육계 통합체계(계열화) 전개 과정상의 사이비 계열주체 문제)

  • 김정주;박영인
    • Korean Journal of Poultry Science
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    • v.20 no.2
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    • pp.107-114
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    • 1993
  • The structure change in the broiler industry of Korea has been taking place very rapidly toward the direction of integrated production and marketing system. During the course of the evolution into the integrated structure, however, a number of small business entities, uncountable nationally but a minimum of a dozen, that previously engaged in the supply of production factors or live bird transaction also tended to get involved in the new system as a disguised or pseudo-integrator, having brought a lot of problems not only to the farmers but also to the development of integrated structure. The pseudo-integrator is generally characterized by limited functions in such a way of supplying chicks and feeds to and collecting grown birds from farmers under the contract at a fixed farmer's payment in practically the same pattern as a partial or quasi-integration, which intends to act as if an integrator in a stratagem to simply enjoy a margin simply from selling supplies and buying products for a certain period of time. The grower making a contract with appears to be a farmer who used to be an Independent and speculating but not able to join in the normal system of evolving integration. The problems of a pseudo-integrator center on the financial loss to a contract farmer, because the falsified integrator has to become easily bankrupt and run away when the price of live broiler continually stays below the cost of production, even though he is able to make a tremendous profit otherwise which is the real purpose of the operation for. It is true that the volatile market, fluctuating the price up more than doubled in a month and down to a half in a few weeks, makes the pseudo-integrator find the room for such a fraudulence. In addition, its activity also adversely affect the evolution of the integration due to rather negative image on structure change in general. It is recommended that the farmers need to better understand the real picture of the integrated system so as not to be swindled by a disguised, small scale agribusiness agent. By the same token, it is also equally required to have the whole industry integrated completely as early as possible. The Joint effort to get rid of pseudo-integrators' problems shall be put for the industry development moving toward the integration. No doubt a pseudo-integrator must be a temporary player for chance emerging during the course of structure change into the integrated, though.

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The Impact of Safety Accident on Teacher's Educational Activities in Elementary School (초등학교 안전사고가 초등교사의 교육활동에 미치는 영향)

  • Yang, Jeong-Mo;Park, Young-Soo
    • The Journal of Korean Society for School & Community Health Education
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    • v.1 no.2
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    • pp.105-125
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    • 2000
  • The purpose of this study was to examine the influence of school safety accident on teacher's normal educational activities and to seek some desirable ways to cope with it. The subjects in this study were 351 class teachers randomly selected from Seoul and Kyonggi Province and surveyed from April through July, 2000. The conclusions were as follows; 1. Actual Condition of School Safety Accident 1) Approximately many teachers investigated had had an experience to suffer safety accident. Safety accident occurred most during break or class, but there was a significant difference according to service area. 2) Safety accident took place most in playground, and the most common cause was student's own carelessness, and the most widely occurred accident type was an injury. But there was no significant difference caused by the general characteristics of the teachers. 2. Influence of Safety Accident On Teacher's Educational Activities. 1) The largest reason they offered safety education was to ensure student safety. The greatest number of them had an opinion they would consider changing or giving up a planned normal educational activity if they recognized any possibilities of safety accident. There was a significant difference in this point according to gender and career. 2) They worried about possible safety accident most during field study, but there was a significant difference according to gender or presence or absence of safety accident experience. 3) The general characteristics of teacher produced a significant difference to an experience of avoiding educational activity due to psychological withdrawal, but safety accident experience didn't make any difference. 3. Minimization of Teacher Damage or Loss from Safety Accident. 1) The dominant opinion about teacher's small mistake for any occurrence of safety accident was that the responsibility should be escaped to maintain teacher's authority. For severe mistake, however, there were two different opinions at the same percentage: one was being exempted and the other was taking civil liability. 2) Establishing teacher insurance was preferred as a way to minimize teacher's economic loss from safety accident, but there was a significant difference according to gender. 3) The dominant opinion about the payment of insurance premium for safety accident was that it should be paid from school operating expenses.

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A Study on Consumer Perception and Willingness to Pay for Environmentally Friendly Chestnuts in Korea (친환경 밤의 소비자 인식 및 지불의사금액 분석)

  • Kim, Jae Sung;Kim, Eui-Gyeong;Choi, Soo Im;Jung, Byung Heon
    • Journal of Korean Society of Forest Science
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    • v.95 no.4
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    • pp.415-422
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    • 2006
  • This study aims for suggesting an idea to plan the expansion of consuming environmentally friendly chestnuts by statistically analyzing the types and intentions for consumer's purchase of environmentally friendly point of production and export side. For this, the survey was performed on 650 housewives living in Seoul, new metropolitan cities such as Ilsan, Bundang, where is the central place of main consumption. As a result, it is more effective to plan the expansion of consumption as the activity of consumption promotion for environmentally friendly chestnut focused on specific target such as 3~4 members of family and 30~40's age of young housewives having with the academic background of above university graduate, large income of average monthly payment with over 4.5 million won and consumers who have experience to purchase environmentally friendly forest products. In order to achieve this goal, it is require to secure the stabilized dealer for the environmentally friendly forest products as well as to establish the appropriate price reflected by the value and quality of environmentally friendly chestnut which the consumers recognize. It is estimated that this price can be decided on the basis of willingness to pay for the environmentally friendly chestnut from the index which comes from the integrated and concentrated consumers' expectation as this study surveyed.

A Study on the Unmanned convenience Store Operation System from the Viewpoint of Visual Merchandising (비주얼 머천다이징 관점에서의 무인 편의점 운영시스템에 관한 연구)

  • Seo, Jung-Hwa;Yang, Hoe-Chang;Park, Chul-Ju;Youn, Myoung-Kil
    • The Journal of Industrial Distribution & Business
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    • v.9 no.12
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    • pp.45-53
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    • 2018
  • Purpose - The purpose of the study was to investigate operation system of current convenience store and competing retail store and to find out development of unattended convenience store. Operators can save labor cost and solve labor seeking when opening shop under suitable environment and commerce area, and assure of employee's safety. Customers are allowed to select commodity comfortably without disclosure of face and to shorten standby time at simple store opening, buying and paying and to produce convenient living environment by financing, delivery and goods control. This study examined effect and problems of operation of existing and unattended convenience store from point of view of visual merchandising to find out model of unattended convenience store and to strengthen competitiveness of convenience store business. Research design, data, and methodology - Research procedure of accomplishment of goal of the study was: The study investigated state of distribution business, and role and definition of VMD. First, VMD played an important role of promotion and competitiveness of unattended convenience stores. Second, the author investigated research and cases of unattended convenience stores 14 months, that is to say, from August 15, 2017 to October 15, 2018. Third, the author investigated on-the-spot three of common convenience stores, three of unattended convenience stores and three of retailers one month, that is to say, June 1, 2018 to July 1, 2018. The subject was convenience stores and retailers selling similar type of products at Seoul and metropolitan area. Results - Layout, selling place, brand identity, goods assortment, authentication system, product information cognition and control, buying and payment system, security system, salesmen, promotion and other services should be improved from point of view of merchandising. Structure, furniture, lighting, voice, façade, VP, PP, IP and POP should be developed. Conclusions - Unattended convenience stores saved operating cost and lessened labor and gave visitors convenience and comfortable shopping and made use of resources effectively. Further studies with quantitative analysis shall find out strategic conditions for promotion of unattended convenience stores.

A Comparative Study on Local Residents' and Visitors' Cognition for the Landscape Conservation of Rice Terraces in Gacheon Village, Namhae (남해 가천마을 계단식 논의 경관보전에 대한 지역주민과 방문객의 인식 차이 비교연구)

  • Lee, Sook-Hyang
    • Journal of the Korean Institute of Landscape Architecture
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    • v.41 no.2
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    • pp.83-92
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    • 2013
  • This study was to identify the differences on cognitions for conservation on the Rice Terraces landscape between local residents and visitors. For this purpose, this study drew problems and implications through consideration about advanced studies and then carried out a survey of local residents and visitors. The results of this study analyzed five factors that are the components of cognition about the Rice Terraces landscape: production, policy, landscape, management, and revitalization. The Cognition of Rice Terraces landscape indicated that local residents had more positive evaluation than visitors did. In addition, there were indicated differences in most items. Particularly, the local residents had more positive evaluation than visitors did in production(rice paddy of fallow ground, form of traditional rice paddy, weeds), landscape(cultural value, footpath of rice field and stonewall), and revitalization(common program for local residents and visitors, village revitalization from festival and event). Visitors had a more positive evaluation than local residents in terms of policy(designation of a place of scenic beauty, direct payment) and management(cooperation of local residents and visitors). In consideration of these results, it needs to draw up measures that are able to build up a common cognition to overcome differences between local residents and visitors. It is based on the knowledge and opinions that visitors and local residents had concerning history, traditions, cultures and production.

Detecting Protest Responses (지불거부응답의 판별)

  • OH, Hyungna
    • KDI Journal of Economic Policy
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    • v.34 no.1
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    • pp.135-168
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    • 2012
  • This study analyzes ways to detect protest responses (hereafter, PR zero-bid) in the contingent valuation method (CVM). In order to distinguish PR zero-bids from true zero-bids (non-PR zero bids), this study adopts the concept of the implicit willingness to pay employing the Hicksian compensating surplus and the Taylor's 1st order approximation. When a respondent proposes a zero-bid (i.e., WTP=0) and chooses a PR filtering item to indicate that her implicit WTP is not necessary zero, her response is identified as a PR zero bid. PR filtering items falling into the PR zero bids category include the uncertainty of information, distrust in the government and project achievement, disagreement to project plans, discontent with the fairness of public works and their payment method and animosity against the CVM itself. The empirical analysis shows that PR zero bids take place systematically in particular respondent groups: respondents who have never used similar facilities before nor plans to use the facility provided by the public project, the employed, and low income groups. In conclusion, the study suggests that a CVM questionnaire needs to be designed carefully to minimize problems associated with PR zero bids and the potential risks of having sample selection bias should be concerned.

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Future Direction of National Health Insurance (국민건강보험 발전방향)

  • Park, Eun-Cheol
    • Health Policy and Management
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    • v.27 no.4
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    • pp.273-275
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    • 2017
  • It has been forty years since the implementation of National Health Insurance (NHI) in South Korea. Following the 1977 legislature mandating medical insurance for employees and dependents in firms with more than 500 employees, South Korea expanded its health insurance to urban residents in 1989. Resultantly, total expenses of the National Health Insurance Service (NHIS) have greatly increased from 4.5 billion won in 1977 to 50.89 trillion won in 2016. With multiple insurers merging into the NHI system in 2000, a single-payer healthcare system emerged, along with separation policy of prescribing and dispensing. Following such reform, an emerging financial crisis required injections from the National Health Promotion Fund. Forty years following the introduction of the NHI system, both praise and criticism have been drawn. In just 12 years, the NHI achieved the fastest health population coverage in the world. Current medical expenditure is not high relative to the rest of the Organization for Economic Cooperation and Development. The quality of acute care in Korea is one of the best in the world. There is no sign of delayed diagnosis and/or treatment for most diseases. However, the NHI has been under-insured, requiring high-levels of out-of-pocket money from patients and often causing catastrophic medical expenses. Furthermore, the current environmental circumstances of the NHI are threatening its sustainability. Low birth rate decline, as well as slow economic growth, will make sustainment of the current healthcare system difficult in the near future. An aging population will increase the amount of medical expenditure required, especially with the baby-boomer generation of those born between 1955 and 1965. Meanwhile, there is always the problem of unification for the Korean Peninsula, and what role the health insurance system will have to play when it occurs. In the presidential election, health insurance is a main issue; however, there is greater focus on expansion and expenditure than revenue. Many aspects of Korea's NHI system (1977) were modeled after the German (1883) and Japanese (1922) systems. Such systems were created during an era where infections disease control was most urgent and thus, in the current non-communicable disease (NCD) era, must be redesigned. The Korean system, which is already forty years old, must be redesigned completely. Although health insurance benefit expansion is necessary, financial measures, as well as moral hazard control measures, must also be considered. Ultimately, there are three aspects that we must consider when attempting redesign of the system. First, the health security system must be reformed. NHI and Medical Aid must be amalgamated into one system for increased effectiveness and efficiency of the system. Within the single insurer system of the NHI must be an internal market for maximum efficiency. The NHIS must be separated into regions so that regional organizers have greater responsibility over their actions. Although insurance must continue to be imposed nationally, risk-adjustment must be distributed regionally and assessed by different regional systems. Second, as a solution for the decreasing flow of insurance revenue, low premium level must be increased to an appropriate level. Likewise, the national reserve fund (No. 36, National Health Insurance Act) must be enlarged for re-unification preparation. Third, there must be revolutionary reform of benefit package. The current system built a focus on communicable diseases which is inappropriate in this NCD era. Medical benefits must not be one-time events but provide chronic disease management. Chronic care models, accountable care organization, patient-centered medical homes, and other systems that introduce various benefit packages for beneficiaries must be implemented. The reimbursement system of medical costs should be introduced to various systems for different types of care, as is the case with part C (Medicare Advantage Program) of America's Medicare system that substitutes part A and part B. Pay for performance must be expanded so that there is not only improvement in quality of care but also medical costs. Moreover, beneficiaries of the NHI system must be aware of the amount of their expenditure through a deductible payment system so that spending can be profiled and monitored. The Moon Jae-in Government has announced its plans to expand the NHI system; however, it is important that a discussion forum is created so that more accurate analysis of the NHI, its environments, and current status of health care system, can take place for reforming NHI.