• 한국중재학회지:중재연구
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• 제12권2호
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• pp.115-151
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• 2003

As international trade and commerce increases among the nations in the world, it is inevitable fact that disputes rise as well. As these transactions grow more complex, it becomes increasingly important to resolve disputes and conflicts as quickly, efficiently and formatively as possible. In practical commercial affairs, we call a variety of international commercial troubles ‘trade claims’, Trade claims consist of disputes, controversies, or differences which may arise between the parties, out of, or in relation to, or in connection with their contracts, or for the breach thereof. Trade claim should be instituted promptly, otherwise it may be barred by prescription. Also, the other party will not accept the claim by reason of loss of evidence. In this connection, it should be noted that how long the claim prescription would continue. Trade claim should be settled reasonably and amicably between the parties concerned. And if both parties do not reach an agreement through their negotiation, then the claim shall be settled finally by binding arbitration. For the purpose of managing trade claim and arbitration, the trading parties insert in their contracts claim and arbitration clauses. This paper will examine some judicial precedents concerning claim clauses which are closely connected with a time limit of the claim It will also review some famous precedents rendered by the competent courts in connection with the wording, scope and implied renewal of arbitration clauses.

• 통상정보연구
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• 제11권2호
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• pp.329-342
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• 2009

The purpose of this study was to identify the issues which how situational constraints of negotiation affect outcomes. To achieve the purpose of this research, a multiple regression model was set up to identify the relationships between situational constraints of negotiation and negotiation outcome on international trade contracts. To implement the study, empirical questionnaires were collected from Korean business men who have actually conducted international trade with foreign firms. Reliability analysis and factor analysis were used to assess the reliability and validity of research variables. and multiple regression analysis were used for testing the relationships between situational constraints of negotiation and negotiation outcome. From this study, following results were identified; i) situational constraints of negotiation effects on negotiation outcomes ii) arbitrary and continuous situations affect significantly positive on negotiation outcomes iii) submissive situations affect significantly negative effects on negotiation outcomes In conclusion, participant of negotiation and their managers try to promote negotiation situation toward to arbitrary and continuous situations if they have any availability.

• 무역상무연구
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• 제14권
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• pp.75-102
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• 2000

At present, on increasing to use a computer network and internet network, Internet Trade has been rapidly created and developed in international Electronic Commerce. However, Internet Trade has not been continued to grow up without supporting by a efficient Logistics System. Because it is very important to delivery contract commodities to consumer with speedy, accurate, steady, convenient services. International Logistics System is consisted of demand forecasting, order processing, packing, labeling, shipping documentation and consumer service into three distant phases of transaction, distribution and payment. International Logistics System can be done more efficiently and effectively by using Internet Logistics System. Therefore it is very important to implementing a efficient Internet Logistics System.

• 한국중재학회지:중재연구
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• 제23권3호
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• pp.61-80
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• 2013

The U.S. Supreme Court delivered a decision on the case between AT&T and Concepcion, which confirmed the contractuality of a defense as a threshold to distinguish between what is a viable defense for invalidation of consumer arbitration agreement and what is not. In this paper, the adhesiveness of arbitration clause, which is a unique character for consumer arbitration, is investigated in the U.S. as a legal defense to invalidate the consumer arbitration agreements, and its contractuality and related legal doctrines are analyzed. The legal issues of consumer arbitration have been analysed in several legal perspectives including the voluntary, knowing and intelligent doctrine, doctrine of separation, contract of adhesion and the contractuality of defenses. Among all of these, the first three issues are related with arbitration clause, and the last one, the contractuality of defenses, reflects the nature of defenses invalidating the consumer arbitration agreement.

• 정보학연구
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• 제3권2호
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• pp.127-137
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• 2000

인터넷을 이용한 무역계약은 종래의 통신수단과 달리 전자적 형태의 통신수단을 사용한다. 따라서, 전자적으로 무역계약이 성립하고 그 계약이 종료된 후 분쟁이 발생한 경우에는 준거법이나 재판관할권 등의 법적 문제점은 어떻게 해결되어야 할 것인가를 고찰하고자 하는 것이다.

• 무역학회지
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• 제46권2호
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• pp.107-119
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• 2021

Using a trade policy, government can shift profits from foreign firms to domestic firms. This paper will reexamine how asymmetric information can affect the equivalence of tariff and quota in a duopoly, where one domestic firm competes with one foreign firm. It can happen that the domestic firm has informational advantage against the government. Within this framework, the domestic firm has private information about own marginal cost as well as the foreign firm's. The domestic firm would exploit the advantage to draw a favorable policy from the government. When the government is misled, social welfare would decline. This paper will guide how the government can extract information from the domestic firm by offering a menu of tariff or quota. Previous studies showed that quota demands information more than tariff. With the principle of revealed information, the domestic firm chooses tariff (quota) if the marginal cost of foreign firm is low (high). The quota level will be high (low) if the marginal cost of domestic firm is high (low). To prevent misrepresentation, the domestic firm should be charged when quota is implemented. When the quota level is low, the domestic firm is charged additionally. This paper can contribute to the literature of trade policy and information.

• 무역상무연구
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• 제69권
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• pp.741-762
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• 2016

The importance of trade in services has been increasing day by day, but the research on it is insufficient so far in terms of basic information, statistics, influence, industrialization and so on. To foster of professional trader in services, we need curriculums, textbooks and training centers like academy or college in advance. We have well developed curriculums for trade in goods since 1960's in Korea, so we can transfer the trade in goods' curriculum to trade in services. There are some differences between trade in goods and trade in services basically, but we can borrow a lot of idea from trade in goods in terms of basic framework like international economics, international business and international commercial transactions. This study propose the basic framework for trade in services' curriculum. First, trade in services economics handle the basic concept, statistics, characteristics, theories etc. Second, trade in services business treat the global companies to expand their business to global market, so characteristics of service companies, marketing plan and strategies and so on. Third, international commercial transaction of trade in services concentrate for procedures and contracts in terms of formation, implementation and finish of contract. Finally, Services industries can be a future strategic industry to any contries, so there are some national and corporates' strategy for expanding their business. This study acts on the initial idea for curriculums of trade in services, so I am looking forward to many criticism and development from another researchers to develop the model curriculums and textbook for education of specialized trader in services.

• 한국중재학회지:중재연구
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• 제17권1호
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• pp.57-75
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• 2007

Ever since franchising emerged in the industry of distribution, it has been growing explosively in the U.S.A. and all other countries as well. It is a method of expanding a business by licensing independent businessman to sell the franchiser's products and/or services or to follow a format and trade style created by the franchiser using the franchiser's trade marks and trade names. Franchising is a form of business that touches upon many different areas of law including, but not limited to, general contract law, general principles of commercial law, law of intellectual property, competition law, fair trade practices law and other industry specific laws e.g., the Fair Practices in Franchising Act in Korea. Arbitration is a long established, legally recognized procedure for submitting disputes to an outside person(s), mutually selected by the parties, for a final and binding decision. Despite its merits as an alternative dispute resolution, it has been criticized, on the other hand, particularly by franchisees' attorneys on the ground that even though it is required to protect the franchisees against the enforcement of pre-dispute arbitration agreements because of the franchisees' paucity of bargaining power vis-a-vis the franchiser, arbitration cannot afford it. Until recently, however, little has been written about the legal issues pertaining to franchise agreement and arbitration clause contained therein in Korea. This treatise reviews the cases and arguments in relation to the subject especially of the U.S.A., which have been accumulated for decades. The issues addressed herein are the pre-emption by the FAA, the disputes to be arbitrated, the selection and qualification of arbitrators, the place of arbitration hearings and the evidentiary rules applicable, the expenses of arbitration, theory of fiduciary duty and the like, all of which are relevant to franchise agreement.

• Journal of Information Technology Applications and Management
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• 제26권6호
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• pp.79-87
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• 2019

Blockchain is a distributed network in a decentralized P2P infrastructure. In this paper, we propose and implement a blockchain-based pet trade service DApp(Decentralized Application). In the existing trading services, there is no way to know the status of dogs in interpersonal transactions and an additional distribution cost has been incurred. As a solution to this problem, we introduce a blockchain technology for a pet trade service where users can check whether an individual pet is healthy or not by its registered biometric data in order to have an efficient and confident trade service. The registered users can purchase puppies or registering information for their dogs to sell through a pet trade service DApp. It is also possible to make a reliable trade by verifying whether the dog is actually the same one through an inscription information of a dog.

• 융합경영연구
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• 제6권3호
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• pp.1-9
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• 2018

Purpose - Current society is competitive society. Rules of the game is applied to every kind of aspects not only business but also academic matters. This research is to analyze competitiveness between China and USA by use of trade related data together with revealed comparative advantage index(RCA) including trade specialization index(TSI). Research design, data, methodology - Per economic phase, both China-USA have mutually complementary character. That's why it is significant to analyze this 2 country's important industry. From our economic viewpoint, Both 2 economic powers should cooperate to achieve partnership in the steel business industry under the severe business competition. Results - This paper will provide which country is more comparatively advantage in case international business is held. Especially, steel industry is in a sense technology related business. Therefore, tied-up up-to-date advanced know-how and technology should be developed to be a leader for one of major industries in the world market. Conclusion - Among those various phenomena, this paper categorizes international business and research boundary is international trade contract. It is available to find out how to cooperate securing permanent and reliable business provider and supplier is essential and eminent for the successful accomplishment in the world steel market.