• Proceedings of the Korean Society of Computer Information Conference
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• 2016.07a
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• pp.141-143
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• 2016

2016년 5월 19일 대법원은 전원합의체판결에서 부동산 매수자가 본인 명의로 소유권이전등기를 하지 않고 등기를 매도인에게서 직접 명의수탁자로 이전하는 제3자간 명의신탁(중간생략등기형 명의신탁)의 경우 명의수탁자가 신탁부동산을 임의로 처분하여도 형사처벌를 할 수 없다는 판결을 하였다. 본 논문에서는 민법과 형법의 교차영역인 명의신탁에서 민사사건의 형사화를 지양했다는 점에서 긍정적인 평가를 하지만 이에 따른 관련법의 정비를 통한 법개정을 제안한다. 즉, 명의신탁에 관한 법제 간 모순을 극복하기 위해 '부동산 실권리자명의 등기에 관한 법률'의 개정이 요구된다. 또한 부동산소유자가 그 등기명의를 타인에게 신탁하기로 하는 명의신탁약정을 맺고 그 등기명의를 명의수탁자에게 이전하는 소위 2자간 명의신탁의 경우도 비범죄화를 함으로써 법체계의 논리성과 통일성을 확보할 필요가 있다.

• The KIPS Transactions:PartD
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• v.16D no.1
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• pp.145-152
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• 2009

The e-marketplace has emerged as a new place for transactions in the online industry. In the e-marketplace, buyers make transactions with whom they have little prior interaction. Thus it makes trust as one of the most important issues in the e-business. There are various kinds of information to foster customer's trust in the e-marketplace. In this study, we analyzed the impact of the information's satisfaction on the customer's transaction intention. The results showed that the satisfaction on the information related to transaction system, individual seller's information, and buyer's feedback are all positively related with the customer's transaction intention.

• The Journal of Information Systems
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• v.32 no.1
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• pp.23-51
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• 2023

Purpose: Live commerce is a new type of electronic commerce in combination with live streaming services. It is expected to increase virtual presence in the context of online shopping by overcoming a lack of social interactions between sellers and buyers which have been raised as a limitation in electronic commerce. Drawing on the studies of communication media, this study examines how live commerce contributes to the increase of virtual presence which consists of telepresence and social presence. Telepresence refers to a buyer's perception that he or she is present at the physical shopping mall during live shopping streaming whereas social presence refers to a buyer's perception of social interaction with a seller which is human warm, social, sensitive, and personal. In this study, we verify key determinants of virtual presence and its consequences. More specifically, this study proposes virtual presence contributes to the increase of buyers' trust in products and further purchase intentions. Furthermore, we verify influential factors of virtual presence from the technical and influencer perspectives of live commerce. Design/methodology/approach: To test the proposed hypotheses, the partial least squares (PLS) analysis is conducted with a total of 250 data collected on users with experience in the TaoBao live streaming shopping platform. Findings: The results show that first, telepresence and social presence are increased by visibility, media richness and attractiveness in the context of live shopping streaming. Second, buyers' trust in product trust and purchase intentions are positively influenced by telepresence and social presence. Finally, buyers' trust in product has a direct, positve effect on their purchase intentions. Overall, the findings offer new insights into the studies of electronic commerce by introducting the concepts of virtual presence and media richness from the literature of communication media in the field of live commerce.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.133-160
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• 2009

In International trade the buyer and seller are normally separated from on another not only by distance but also by differences in language and culture. It is rarely possible for the performance of obligations to be simultaneous and the performance of contracts therefore calls for trust in a situation in which the parties are unlikely to feel able to trust each other unless they have a longstanding and successful relationship. Thus the seller under an international contract of sale will not wish to surrender documents of title to goods to the buyer until he has at least an assurance of payment, and no buyer will wish to pay for goods until he has received them. A gap of distrust thus exists which is often bridged by the undertaking of an intermediary known and trusted by both parties who will undertake on his own liability to pay the seller the contract price in return for the documents of title and then pass the documents to the buyer in return for the reimbursement. This is a common explanation of the theory behind the documentary letter of credit in which the undertaking of a bank of international repute serves as a "guarantee" to each party that the other will perform his obligations. The independence principle, also referred to as the "autonomy principle", is at the core of letter of credit or bank guarantee law. This principle provides that the letter of credit or bank guarantee is independent of the underlying contractual commitment - that is, the transaction that the credit is intented to secure - between the applicant and the beneficiary ; the credit is also independent of the relationship between the bank and its customer, the applicant. The most important exception to the independence principle is the doctrine of fraud in the transaction. A strict interpretation of the rule that the guarantee is independent of the underlying transaction would lead to the conclusion that neither fraud nor manifest abuse of rights by the beneficiary would constitute an objection to payment. There is one major problem related to "Independent guarantees", namely abusive or unfair callings. The beneficiary may make an unfair calling under the guarantee. The countermeasure of beneficiary's unfair calling divided three cases. First, advance countermeasure namely by contract. In other words, when the formation of the contract, the parties must insert the Force Majeure Clause, Arbitration Clause to Contract, and clear statement to the condition for demand calling. Second, post countermeasure namely by court. Many countries, including the United States, authorize the courts to grant an order enjoining the issuer from paying or enjoining the beneficiary from receiving payment under the guaranty letter. Third, Export Insurance. For example, the Export Credit Guarantees Department is prepared, subject to certain conditions, to cover the risk of unfair calling. Of course, KEIC in Korea is cover the risk of the all things for guarantees. On international projects, contractor performance is usually guaranteed by either a standby letters of credit or Independent guarantee. These instruments will be care the parties.

• The Journal of the Korea Contents Association
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• v.14 no.10
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• pp.255-269
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• 2014

This study confirmed structural causal relations among concepts such as characteristics of service-offer, satisfaction, trust, affective commitment, and loyalty and surveyed mediating roles of affective commitment. The results are as follows. First, Customized service and service reliability influenced satisfaction while service competency did not. Service reliability affected trust while customized service and service competency did not. Second, satisfaction influenced trust and affective commitment but not loyalty while trust affected affective commitment and loyalty. Third, affective commitment influenced loyalty through the mediating role. The results mean that the seller-buyer relationship is a dynamic relationship. Finally, we discussed the role of affective commitment and the strategies of affective commitment development, and suggested future studies.

• Journal of Distribution Research
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• v.9 no.3
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• pp.21-47
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• 2004

This study has investigated the effects of relieving and promoting factors on dissolution intention under the condition of low commitment buyer-seller relationships. Based on intensive literature reviews, eight alleviating factors (dependence, cooperation, communication, relational norms, transaction specific investments, relationship termination costs, satisfaction, and trust) and five promoting factors (opportunism, conflict, goal incongruity, attractiveness of alternatives, and unfairness) were included. A total of thirteen hypotheses were testee using data collected from a dining franchising system. Among 300 collected, 79 cases of low commitment buyer-seller relationships were analyzed. The results showed that eight out of thirteen hypotheses were supported. But five hypotheses related to the variables of cooperation, transaction specific investments, relationship termination costs, attractiveness of alternatives, and opportunism were not supported. following a detailed presentation of the analysis results, the paper concludes by discussing the academic and managerial implications of the findings.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.22
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• pp.173-197
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• 2004

Letter of Credit between buyer and seller in International Trade Transaction is the means of payment which makes International Trade operate smoothly by guaranteeing an exporter against non-payment and an importer against non-delivery. Therefore, the parties to a sale apply UCP500 established by the International Chamber of Commerce, in accordance with principle of the freedom of contract among the parties concerned, to look to their own legal stability. However, we may recognize some cases to have been applied principle of faith and trust, one of the dominant principles of the civil law, by the Korean Supreme Court and other cases to have not been applied that principle by the Korean Supreme Court. The Court shall apply UCP500 strictly as long as the parties concerned adopt UCP500 in view of the legal stability. In other words, in case that the Court applies principle of faith and trust to the case related to L/C, this rule - principle of faith and trust - should apply to the subject matter which have not stipulated in UCP500 under certain restriction. We suggest keeping in mind points to korean companies as follows; First, the parties to a sale shall understand L/C basis transaction and principles related to L/C deeply. Second, the exporter shall prepare documents in compliance with L/C and fulfil his or her obligation according to UCP500 and L/C related to the contract. Third, as buyer or importer, when he or she receive the shipping documents with discrepancies from the notifying bank, he or she makes him or herself clear to all the parties concerned. Fourth, as bank, she shall examine all the documents according to UCP500 and L/C related to the contract, and if any document with discrepancies, the bank, by all means, shall approach applicant first, and then decide whether to pay the credit amount to beneficiary or not to.

• Journal of Distribution Science
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• v.13 no.5
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• pp.15-22
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• 2015

Purpose - Transparency, seller reputation, and website security are considered to be important factors that influence online customer purchasing decisions in China. This paper empirically examines the relative influence of Taobao.com on customers' online purchasing decisions. Research design, data, and methodology - We perform structural equation analysis, with a sample of 306 observations. The data comes from consumers' real transaction experiences from a specific website. This gives the results of our study more generalizability than studies using subjects who are not asked to engage in real transactions. Results - The results of this study reveal that perceived security and perceived reputation are critical factors affecting consumer trust and perceived transparency is most closely associated with purchase intention. Conclusions - The findings suggest that perceived transparency plays a significant role in increasing online consumer's purchase intention. The knowledge of the relative impacts of these factors and their roles in the customer transaction experience will be useful in developing customized sales strategies. The results of this study reveal that perceived transparency exerts a stronger effect than perceived reputation on consumer purchase intentions.

• International Journal of Computer Science & Network Security
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• v.23 no.10
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• pp.214-224
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• 2023

Fraudulence, cheating, and deception can occur in the commercial real estate (CRE) industry, besides the difficulty in searching for and transferring properties while ensuring the operation is processed through an authoritative source in a trusted manner. Nowadays, real estate transactions use neutral third parties to sell land. Indeed, properties can be sold by the owners or third parties multiple times or without a proper deed. Moreover, third parties request a large amount of money to mediate between the seller and buyer. Methods: We propose a new framework that uses a private blockchain network and predefined BPMN instances to enable the fast and easy recording of deeds and their proprietary transfer management controlled by the government. The blockchain allows for multiple verifications of transactions by permitted parties called peers. It promotes transparency, privacy, trust, and commercial competition. Results: We demonstrated the easy adoption of blockchain for land registration and transfer. The paper presents a prototype of the implemented product that follows the proposed framework. Conclusion: The use of Blockchain-based solutions to resolve the current land registration and transfer issues is promising and will contribute to smart cities and digital governance.

• Information Systems Review
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• v.16 no.1
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• pp.1-15
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• 2014

Despite the sizable growth of the group buying market, consumer complaints have recently raised skepticism about the future of these sites. Thus, building a trustworthy transaction environment has become a critical issue. In exploring a trust-building mechanism, we pay particular attention to the role of merchandisers who specialize in finding products or services and marketing them to potential buyers on group buying sites. The purpose of this study is to examine whether providing merchandiser feedback comments and performance profiles on group buying sites leads consumers to evaluate the community of merchandisers more favorably and makes them more likely to purchase products or services. Research hypotheses were tested with data obtained from 124 subjects who participated in a laboratory experiment. The results empirically demonstrate that merchandiser feedback comments and performance profiles enhance buyers' trust in the community of merchandisers participating in a group buying site. This enhanced trust, in turn, increased buyers' intention to purchase products or services through the group buying site.