• 무역상무연구
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• 제16권
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• pp.155-181
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• 2001

International Trade has led to the increase of the demand of international transport, and also the development of international transport not only incurs claims concerning transportation but also establishes various international rules to settle the claims between the shippers and carriers incurred in the course of transport. With a view to settling the claims successfully, the men who are concerned in the transport have to know the principle and scopes of carrier's liability. In this paper, I would like to find out the scopes of liability of multimodal carriers based on the principles of liability. In order to perform the purpose of this study, I classify the liability principle of the international carrier under the UNs Convention on International Multimodal Transport of Good(1980) and UNCTDAD/ICC Rules(1991) in three system-Network Liability System, Uniform Liability System and Modified Liability System. And that I show the results-the scopes of multimodal carriers' liability based on the UN's Multimodal Convention(1980) and the ICC/UNCTAD Rules(1991), and transport vehicles.

• Journal of Korea Trade
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• 제24권1호
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• pp.59-81
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• 2020

Purpose - This study analyzes the scope of due diligence and risks of banks and K-Sure in trade finance covered by EFF focusing on Moneual case, one of the latest and biggest trade finance fraud cases in Korea. Also, we suggest anti-fraud measures in trade finance on the part of banks and K-Sure in order to give them a desirable way of due diligence and reasonable risk management of export insurance. Design/methodology - Based on Moneual case of trade finance fraud, this study employs the methodology of an extended literature review and analysis of court decisions. Findings - Seoul High Court of Korea failed to decide whether K-Sure was wholly obliged to pay the insurance against the banks' EFF claims, but issued a compulsory mediation order, judging that both the banks and K-Sure were responsible by 50:50. The court may have judged that both the parties had lacked their due diligence in the trade finance. It is quite difficult for trade finance providers to manually investigate whether the transaction is suspected of trade finance fraud, so digitalization of trade finance which can facilitate the prevention and detection of trade fraud needs to be realized quickly. Since there has been no international rule available for open account trade finance up till now, clearly stipulated EFF terms on the exporter's genuine export obligation might have protected K-Sure from the disaster. Originality/value - This study investigates the due diligence of the banks and K-Sure in Moneual case which few researchers have considered, to the best of our knowledge. This study also suggests several practical methods (including block chain) to prevent complicating trade finance fraud amid increasing use of an open account, and further offers reasonable risk management of EFF employing international factoring rule which is also related to problematic open account trade finance.

• 무역학회지
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• 제41권3호
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• pp.135-156
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• 2016

본 연구는 중국 산동성 경제 현황 자료를 참고하여 한국과 중국 산동성 주요지역 (칭다오시, 옌타이시, 웨하이시, 지난시)의 무역 및 투자 현황을 살펴보고 양국 간 유형별 클레임 사례를 조사하였다. 더불어, 이를 실증적으로 파악하고자 중국 산동성에 투자한 한국 기업 300개를 대상으로 설문조사를 실시하였고, 이를 바탕으로 추론적 분석을 위한 가설/검정을 실시하였다. 이에 대한 결과로 첫째, 수출입 금액으로 대변되는 기업 규모와 무역 클레임 제기 빈도 간 관계 (H1)와, 무역 클레임 금액 (H2)과의 관계는 정(+)의 관계에 있다는 가설이 인용되었으나, 같은 맥락으로 클레임 판정까지의 소요시간과의 관계 (H3) 또한 정(+)의 관계가 성립할 것이라는 가설은 오히려 유의한 부(-)의 관계가 나타나면서 이를 기각하였다. 둘째, 기업의 유형으로 대변되는 취급 품목의 경우는 무역 클레임 제기 빈도와의 관계 (H4), 클레임 예방 대처 방법과의 관계 (H6)에 있어 유의한 차이를 나타내는 반면, 무역 클레임 종류에 따른 차이 (H5)는 그 유의성이 나타나지 않았다. 본 연구를 통해 중국 산동성 지역의 한국 기업에 대한 현황을 이론적/실무적 차원으로 살펴보았으며, 이를 통해 향후 산동성에 진출하는 우리 기업의 실질적인 요구에 부응할 수 있을 것이라 생각한다.

• 동아시아경상학회지
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• 제11권2호
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• pp.39-57
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• 2023

Purpose - This paper is to examine the work of a third party in the process of import and export management. In other words, the purpose of this paper is investigate the status and functional role of a third party in relation to each terms of the trade contract. Research design, data, methodology - This study consists of 5 chapters through literature survey. It will examine the involvement of the third party through each terms. Chapter 1 introduction, Chapter 2 deals with trade contracts, Chapter 3 investigates the shipping terms, payment terms, and insurance terms, and Chapter 4 reviews with commercial arbitration. And in Chapter 5, it looks at the conclusion and implications. Results - The relevant party in the import and export management process may be a third party through outsourcing, not the principal. At this time, in fulfilling each condition of trade, it can be seen that the implementation of tasks through the participation of a third party with high expertise can more smoothly and productively implement the overall import and export management. Therefore, it can be seen that the implementation of the trade business in which the third party participated can be interpreted in terms of derivative effects and at the same time can be a way to improve the principal's competitiveness procedurally. Conclusions -Through this study, in the import and export management, the performance of the work through the agent makes the entire process more smooth and efficient. Outsourcing of roles using the expertise of a third party, a subcontractor rather than a principal, is desirable and important.

• 무역학회지
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• 제45권3호
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• pp.147-166
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• 2020

As the volume of trade between Korea and Vietnam increases, the number and amount of commercial disputes between Korean and Vietnamese companies are increasing. In the case of Vietnam, due to differences in the arbitration system and norms due to the socialist state system, foreign companies lack confidence in the settlement of disputes through commercial arbitration in Vietnam. At this point, it is necessary to not only discuss commercial disputes and settlements, but also to closely review and understand Vietnam's commercial dispute settlement system. Therefore, this study examines the current status and characteristics of Vietnam's commercial disputes and analyzes the actual problems of Vietnam Commercial Arbitration System that arise through the arbitral award of the Vietnam International Arbitration Center (VIAC), Vietnam's representative arbitration agency, and precedents on the recognition and enforcement of foreign arbitration awards in Vietnamese courts. In the end, this study seeks to revitalize the Vietnam Commercial Arbitration so that each disputed party may quickly deal with the commercial disputes, and seeks a more smooth solution through commercial arbitration in future trade claims between Korean and Vietnamese companies.

• 한국중재학회지:중재연구
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• 제8권1호
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• pp.3-33
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• 1998

Since the Start of WTO in 1995, world trade volume was substantially increased as much as over $250 billion by lifting the trade barriors This effect brought new problem of increasing disputes. Significantly an ever increasing atention is paid to the Question of means and procedures of settling such disputes by arbtration. The problem of arbitration has indeed become most popular with all those who take interest in legal aspects of international cooperation in various spheres. In practice arbitration seems to renovate its function to take over new disputes arising from electronic transaction such as internet trade. Looking at the actual use of arbitration, its merits than litigation should cover new aspect concerning new kind of claims caused by new type of transaction. The efficient procedure for dispute will help every country save loss of profit by the delay of settlment. This thesis aims to facilitate the appearence of more efficient arbitration procedure for dispute settlment system.

• 통상정보연구
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• 제14권3호
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• pp.513-536
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• 2012

본 논문은 역사적, 지리적으로 중국과의 교역이 활발한 인천지역 소재 한국 무역업체를 대상으로 기업 일반 현황, 중국과의 무역업무처리 현황, 중국과의 무역클레임 및 무역리스크 관리 현황 등 3가지 범주로 구성된 설문지를 작성, 배포하였다. 그리고 총 84개 유효 설문지를 바탕으로 실태분석하였다. 인천지역 무역업체들은 중국과의 무역거래에서 무역, 금융, 노동 및 투자 등과 관련한 중국정부의 정책 변화, 중국의 물류시스템 등에 대해 많은 우려를 하고 있는 것으로 나타났다. 이러한 중국정부 및 중국의 경제구조와 관련한 리스크는 개별 무역업체 차원에서 대처하기가 어렵다는 점에서 정부와의 긴밀한 대응방안 모색이 요구된다. 또한 중국과의 무역거래 각 단계별로 리스크 발생 가능성이 높은 반면 그 관리는 미흡한 것으로 나타났다. 이러한 실태분석을 바탕으로 인천지역 무역업체들의 대중국 무역리스크 관리 수준을 향상시키기 위한 개선방안을 제시하였다.

• 국제학술발표논문집
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• The 9th International Conference on Construction Engineering and Project Management
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• pp.1240-1240
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• 2022

Construction projects are fraught with risks from cost or other overruns to accidents along with other issues. This is true whether the relevant organization is an owner, general contractor, CM, specialty-trade contractor, or other entity. When cost issues or other issues confront arise, how should an organization proceed whether attempting to gain additional compensation in terms of cost/other damages or protecting the same against such claims if they do not appear to be warranted? Enter construction cost forensics. This presentation will focus on strategies/techniques with construction cost forensics in these areas in order to be successful. Covered techniques include those to develop and analyze claims including fundamental construction cost analysis techniques. When an unexpected event disrupts a construction project, using sound analytical methods to identify the cause and quantify the extent of the issue will be important for negotiating a fair result or for obtaining a successful outcome in arbitration or litigation. Key examples of uncovering issues via construction cost forensics will be covered in this presentation.

• 무역학회지
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• 제45권1호
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• pp.119-135
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• 2020

It is well-known that if a claim for damage [Note: Damage can be singular or plural] is made based on a breach of contract, calculating the existence and magnitude of certain profits to be deducted based on the damage can be problematic. In the case of a time charter party, even if the early redelivering vessel by the time charterers constitutes a breach of contract, it is still not an exception. In particular, interest in the shipping business seems to be relatively high in terms of how claims for damage by ship owners have been adjusted. In the case of the New Flamenco, there is a debate over whether or not to deduct the difference between the sale price immediately after redelivering the ship and the sale price upon expiration of the contract from the damage based on the breach of contract for the early time charter redelivery vessel. This paper focuses on this case since it appears to be of practical importance and has implications on how to calculate the amount of damage in the case of cancellation for early redelivery vessel in a time charter party.

• 무역상무연구
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• 제65권
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• pp.71-94
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• 2015

The insurer's right to take legal proceedings in the name of the assured against a third party who has caused loss of or damage to the goods is of particular importance in marine cargo insurance under international trade transaction. The amounts recovered in subrogation actions, known in practice simply as recoveries, form a significant element in the balancing of the cargo insurer's underwriting account by improving ing the loss record. However, even if the carrier involved in the accident have a liability for damages, in some cases can not claim damages in accordance with the after clauses and carrier's exemption clauses indemnity carrier under the contract of carriage. In recent, the dispute cases to argue damages claim of the carrier in connection with business practices of surrender B/L, the claim is dismissed cases in accordance with the Arbitration Rules of the after clauses. In the future, the surrender B/L is continually to use as a marine transport method, it may also be interested in insurance subrogation of damages claims to insurance accident by a surrender B/L.