• Industrial Engineering and Management Systems
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• 제8권4호
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• pp.201-212
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• 2009

This study analyzed the structure of pricing in the automobile auction market by using real trade data. We focused on the bidding behavior of bidders and the contract price of exhibits. First, we proposed a relational framework among exhibits, number of bidders, and the contract price. Next, we utilized a neural network model to estimate the number of bidders and the contract price. Subsequently, we investigated the relationship between the number of bidders and the contact price, and evaluated our method through an analysis that employed verifying data. Lastly, we listed our suggestions for bidding in auction markets.

• 대한산업공학회지
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• 제27권4호
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• pp.345-351
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• 2001

We are concerned with a multiple replenishment contract with a purchase price discount in a supply chain. The chain is composed of one supplier, one buyer and consumers for a product. The replenishment contract is based upon the well-known (s, Q) policy but allows contracting several firmed orders at a time with a price discount. Due to a larger forecast error of the future demand, the buyer should keep a higher level of safety stock to provide the same level of service of the usual (s, Q) policy but can reduce his purchase cost by placing larger quantity. Thus there exists a trade-off between the price discount and inventory holding cost. We present a model for the contract and an algorithm to find the optimum number of the firmed orders. Computer experiments show that the algorithm finds the global optimum solution very fast.

• 무역상무연구
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• 제77권
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• pp.23-42
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• 2018

This study compares the SGA and CISG to find out the difference of the criteria for calculating damages. and it intends to give some important points in trade practice. The damages is intended to compensate the victim for the breach of contract but there are differences between SGA and CISG as follow. First, the SGA and CISG have the same purpose of claiming damages. Both laws and regulations are subject to a full indemnification to compensate for the breach of the contract by the amount equivalent to the loss suffered by the victim. Second, in the general principle related to the calculation of damages, both law enforcement officials are required to be able to predict damages caused by breach of contract. In the case of SGA, however, a foreseeability test or remoteness of damages is required for the relationship between the contract violation and the loss. In other words, it can be said that the causal relation between the contract violation and the damage is strictly applied rather than the CISG. Finally, both laws and regulations of SGA and CISG have a big difference in criteria for calculating damages. In the CISG, after the contract is canceled, it is classified according to the existence of the alternative transaction and the damage amount is calculated based on the contract price. On the other hand, the SGA estimates the loss based on the market price at the delivery of the goods, reflecting the change in the market price instead of the contract price of the goods.

• 한국중재학회지:중재연구
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• 제8권1호
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• pp.269-291
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• 1998

Change of circumstances subsequent to formation of international business contract raises two issues on both parties' obligation to perform business transaction concerned. One is impossibility of performance due to events beyond control of parties and the other is adaption of contract. In Anglo-American Law such an impossibility of performance is provided by the doctrine of Frustration and the doctrine of Practicability(UCC 2-615). In practice a "force majeure" clause should be included in contract defining the parties' mutual rights and duties if certain events beyond their control occur to safeguard themselves against possible impossibility. On the other hand the tendency of international trade is that alongside sales contracts, there are contract for supplies, for furnishing raw materials, for building industrial complexes, and transferring technology. One characteristic of these agreements is their duration. For in order to carry out these agreements, it is necessary to complete a series of closely interrelated operations which, in the normal course of events, take place over a number of years. It is often difficult for the parties, when finalizing their contract, to have a full grasp of all of the factors governing their relations. With a view to resolving difficulties such as compromise the continuous performance of a contract, parties may insert a regulatory clause in their contract providing for intervention by a third person after stating in specific and detailed fashion the circumstances in which their contract may be adapted.

• 유통과학연구
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• 제21권9호
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• pp.115-121
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• 2023

Purpose: This study aimed to deal with disputes between the seller and the buyer in connection with the Letter of Credit (LC) in a sales contract. The Contracts for the International Sale of Goods (CISG) provides the rules on the fundamental breaches which can lead to termination of the sales contract but the CISG is not enough to govern issues arising from the LC disputes when the sales contract is not clear about the payment terms. This paper tried to find some solutions to the disputes by considering international rules, such as the Principles of European Contract Law (PECL). Research design, data and methodology: The methodology applied in this study was an analysis of some court decisions and extended literature review. Results: The study revealed that in contracts for the sale of international goods, the buyer was obliged to open an LC as manner of payment. If the buyer failed to open an LC or amend the terms of the LC, the seller could avoid the contract because this could deprive the seller's expected interest. Conclusions: Few studies in Korea have been comprehensively analyzed in terms of the obligations of regarding the LC with respect to the CISG in court cases. This study suggests safeguarding the buyer and seller when the LC is considered absolute or conditional.

• 통상정보연구
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• 제5권1호
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• pp.181-202
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• 2003

This study investigates the present status and development of e-marketplace which is the most actively used in the e-trade stages from market research, searching for business partners, negotiations to contract. It also shows the present status and development of e-marketplace as an "e-trading company" designated by government, which gives prospect of profitable model of e-marketplace. Especially focused on EC21 - the best e-marketplace of Korea, this study views present status and development of EC21 and trading companies applied for EC21, government designated e-trading company, to receive electronic trading support services. In addition, we hope that the findings of this study will be a helpful material to government for making policy and framing supporting project toward leading organizations of e-trade such as Ministry of Commerce, Industry and Energy, e-trade promotion committee of Korea International Trade Association and small-ta-medium companies interested in e-trade, to activate e-trade.

• 무역상무연구
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• 제43권
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• pp.53-74
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• 2009

INCOTERMS have been changed almost every 10 years since ICC established INCOTERMS as trade terms for International transaction. Recently transportation has become bigger, and modernized by means of electronic appliances such as RFID, IT, and containerization. FRC, FOR/FOT, FOA were added in INCOTERMS1980 and every conditions are unified into three alphabets in INCOTERMS1990. The best features of INCOTERMS2000 are that FCA substitute FRC, FOR/FOT, FOA and customs formalities were simplified to make clear for each party of contract. It seems that business circles still stick to old customs of their trade like FOB or CIF not only in Korea but in an international practice even though there have been several revisions of INCOTERMS until now. ICC have tried to provide INCOTERMS3000 to solve problems between a theory and an actual condition of international trade. This study has tried to suggest opinions against INCOTERMS3000 and has surveyed a recognition, an actual using situation and issues of INCOTERMS to get improvements. For a recognition of INCOTERMS has been spread as you can find at tables many kinds of business circles still stick to old customs of their trade terms FOB and CIF. Now there are two alternative plans. Firstly, we need to suggest improvements against inconsistency of INCOTERMS to be applied on newly revised INCOTERMS3000 and educating business circles to use proper conditions of INCOTERMS for their doing business. Secondly, we shall participate in revising INCOTERMS to activate multimodal transport conditions of INCOTERMS and provide solutions to fill gap between a theory and an actual condition of international trade. It seems that terms of multimodal transport such as FCA, CPT, or CIP can be a perfect condition for each party of contract. We have examined the inconsistent features of Ship's rail and notions of on board, and observed how to activate multimodal transport terms. These would be hot issues of next revision of INCOTERMS and we provided improvements on each trade terms, THC charges, or others against INCOTERMS.

• Journal of Korea Trade
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• 제27권3호
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• pp.43-64
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• 2023

Purpose - This paper studies whether CISG can be a suitable governing law for pure service contracts. When CISG was first drafted, there was little disagreement on the fact that contracts for the sale of goods and those for the provision of services were two different types of contract. Based on this understanding, CISG explicitly provides that the Convention will apply to contracts where the preponderant part of the contractual obligation is on the sale of goods, not services. However, as more sales transactions have come to include more elements of services, mainly due to the advancement of the IoT industry, the distinction between goods and services became more blurred. Based on the observation of recent changes, some scholars even argue that such a change supports the applicability and suitability of CISG to even pure service contracts. The purpose of this paper is to critically analyze and evaluate their argument. Design/methodology - This paper focuses on two separate but related issues: CISG's 'applicability' and 'suitability' to service contracts. For the first issue, this paper will examine the rules of interpretation of international treaties under the Vienna Convention on the Law of Treaties of 1969, and will apply its rules to find the proper answer. For the second issue, this paper will perform logical and empirical analyses on the reasoning employed by scholars claiming the suitability of CISG to service contracts. Findings - This paper concludes that CISG does not, and should not, apply to pure service contracts. The argument that CISG applies to pure service contracts directly contravenes Article 3(2) of the Convention, which expressly states that it does not apply to a contract wherein the preponderant part of its obligation is about services rather than sales. Similarly, CISG is not a suitable governing law for pure service contracts because it aims provide rules specifically tailored to the needs of transactions of sales of goods, not services. Servitization of sales of goods transaction does not change this conclusion. Originality/value - This paper presents different views from those offered by some eminent scholars on the issue of applicability and suitability of CISG to service contracts. By doing so, it is hoped that the confusion caused in discussions so far are clarified. Hopefully, this paper can also provide practical guidance to practitioners engaged in the fields of international sales, services, and IoT industries.

• 무역상무연구
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• 제58권
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• pp.313-328
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• 2013

Today FTA extends over the world and Korea as a main member of international trade is no exception. In the past Korea, as the developing countries, has made endlessly effort to induce foreign investment from foreign enterprise and/or government to be a truly OECD countries today and made it. Korea's trade economy was reached 1 trillion dollars in 2012. Now we have to find a new way to produce, process, procure goods from foreign investment and also need to protect our profit and/or rights within foreign judicial territory. There are two method to protect foreign enterprise or government. First they rely on general principles in WTO or Bilateral Investment Treaty that the principle of equality, national treatment, and most-favored-nation treatment, you can create a predictable environment to protect foreign enterprise and/or government. Second they need to incorporate contractual clauses in their agreement such as stabilization clause, force majeure, arbitration, governing law or sovereign immunity. Of course there are many things left behind to consider I hope it will be helpful to those who prepare foreign investment contract.

• Journal of Korea Trade
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• 제23권4호
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• pp.1-16
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• 2019

Purpose - This research empirically proves that global shipbuilding industry leadership has moved to China from Korea. Design/Methodology - Competitiveness is measured by AHP for the weights of comprehensive competitiveness, which is the output mixture of three attributive factors: shipbuilding technology, shipbuilding contract price, and export credit. Findings - China is far ahead of Korea for standard vessels such as bulkers and containerships with competitiveness weights of 0.762 and 0.612, respectively, against 0.238 and 0.388 of Korea. Korea is maintaining its competitiveness only in LNG carriers (174k CBM) with a competitiveness weight 0.621. China and Korea have similar competitiveness for chemical carriers, complex vessels with a small hull size. The sources of Chinese competitiveness are shipbuilding contract price and export credit. With the majority share of standard vessel types in the world fleet, China will hold a bigger market share than Korea in the global shipbuilding industry in the forthcoming years. Implications - The swing factors of market power are shipbuilding technology and contract price. If China fails to further develop shipbuilding technology for shipowners worried about the reliability of the Chinese-built vessels, shipowners may swing back to Korea. The rising Chinese labor cost will expedite this swing in the forthcoming competition. Originality/value - To the best of the author's knowledge, this is the first paper that quantitatively examines the competitiveness of shipbuilding between China and Korea by comparing attributive factors for competitiveness.