• Title/Summary/Keyword: economic hardship

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Can Economic Sanctions be Grounds for Exemption under the CISG?

  • Kyujin Kim
    • Journal of Korea Trade
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    • v.26 no.5
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    • pp.88-105
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    • 2022
  • Purpose - This paper studies whether economic sanctions can be used as grounds for a party to an international sales contract to get an exemption if he fails to meet his contractual obligation. Because the answer can differ depending on the governing law of the contract, this study focuses on CISG, the most widely recognized international uniform legal instrument as the governing law of the international sale of goods. Design/methodology - This paper focuses on analyzing the conditions to meet before getting an exemption under CISG. For such analysis, this paper examined various scholarly writings, cases, and hypothetical examples reflecting a wide variety of economic sanction measures. Findings - The findings of this paper are as follows. The main provision for exemption under CISG is Article 79(1), which provides for an exemption for a party that failed to perform if such failure was caused by an impediment that was uncontrollable, unforeseeable, and unavoidable; either a seller or a buyer may rely on the Article for his non-performance, delay, or defective performance. The Article is applicable not only where the economic sanction caused impossibility of performance but also where it caused hardship. The economic sanction will likely be found to be an uncontrollable impediment; however, it will be relatively more difficult to prove it to be unforeseeable or unavoidable. Originality/value - The subject of this paper is whether a party can be exempted from liability under CISG when he fails to perform his contractual obligations due to economic sanctions. Given that this issue is now actually faced by many involved in international trade, it is expected to provide practical help to practitioners and companies alike.

A Comparative Study on Change Circumstances in International Commercial Contracts (무역계약상 사정변경에 관한 비교법적 고찰)

  • Oh, Hyon-Sok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.44
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    • pp.57-84
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    • 2009
  • This Study attempts to compare and analyze on Principle of Change Circumstances under th CISG, PICC and PECL which are covered international commercial contract. In many international commercial contract, time is very important because delays in performance are sanctioned heavily by substantial penalty clauses. When change in circumstances affects contract performance, the contract will often not be suspended or terminated. Therefore, principle of change circumstances is being prepared of fluidity of contract environment and its effect in general. Taking into consideration the problems relating to the renegotiation or adaptation in the cases of radical change of circumstances where the CISG applies, it is suggested that the contracting parties should make clear their intentions, that is, whether they will provide for the possibility of renegotiation where the price of goods has been altered by inserting a hardship clause or for the possibility of mutual discharge from liability in the cases of economic impossibility or hardship by inserting a force majeure clause. Such provision will be desirable especially in situations where there is a long term contract, the price of goods sold tends to fluctuate in the international commerce, or where especially in contracts subjected to arbitration, the parties subject their contract to legal sources or principles of supranational character. Therefore, this study has shown that the hardship provisions in the CISG, PICC and PECL has similarities to each a validity defense and an excuse defense. it was provisions that CISG governs this issue in Article 79, PICC Article 6.2.1, 6.2.2, 6.2.3 and PECL Article 6.111.

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The Effects of Economic Hardship, Parents' intro-extrovert Personality and Depression on Parenting (경제불황 상황, 부모의 내-외향성 및 우울감이 부모의 양육태도에 미치는 영향)

  • 김보형;박성연
    • Journal of the Korean Home Economics Association
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    • v.38 no.6
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    • pp.135-147
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    • 2000
  • The purpose of the study was to investigate the effects of economic hardship. parents'intro-eatrovert personality, and depression on parenting. The subjects were 487 seventh to ninth grade children and their parents. Data were collected through questionnaires. Children from which family experienced severe income loss perceived fathers'child-rearing attitudes as more warm/nurturant when fathers had extrovert personality. On the other hand, children under the worse paternal working condition perceived mothers'child-rearing attitudes as more warm/nurturant when mothers had introvert personality. The impacts of family income loss on mothers'rejecting/inconsistant child-rearing attitudes were exacerbated by its indirect effect through maternal depression.

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A case study on mother and daughter-in-laws relationship in he low class (하류계급의 고부관계에 대한 사례연구 -맏며느리의 지각을 중심으로-)

  • 배선희
    • Journal of Families and Better Life
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    • v.15 no.4
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    • pp.327-340
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    • 1997
  • This study was intended to testify nature of mother and daughter-in-laws relation in the low class. In was assumed that it's relationship would be 'neglect' or 'interdependent' for their economic hardship by theoretical review. This study relies onthe qualitative research method in order to approach the most inside of the very complicate and delicate human relationship such as the mother and daughter-in-laws one. The findings showed that mother anddaughter-in-laws relation in low class was 'neglect' or 'conflicting' It was because they live separately and the daughter-in-law is not able to meet the demand from her mother-in-law due to her own economic hardship.

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The Associations among Poor Single Mothers' Economic Hardship, Depressive Symptoms, Parenting Stress, Child Abuse and Neglect, and their Children's Development (빈곤 미혼모의 경제적 어려움과 우울증상, 양육스트레스, 아동학대와 방임이 아동의 사회행동발달에 미치는 영향)

  • Pyun, Ho-Soon;Choi, Jeong-Kyun
    • Journal of the Korean Society of Child Welfare
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    • no.53
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    • pp.1-23
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    • 2016
  • With using a subsample of 1,373 poor single mothers and their children from the Fragile Families and Child Wellbeing study, the present study examined the associations among mothers' economic hardship, depressive symptoms, and parenting stress, child abuse and neglect, and their children's behavior problems, delinquency, and social skill. These families were tracked through follow-up interviews at the time of birth, and when the children were three, five, and nine years old. The results indicated that mothers' economic hardship, depressive symptoms, and parenting stress were significant predictors to determine their children's abuse and neglect. Findings also suggest that higher levels of child abuse and neglect are positively associated with more behavior problems and delinquency, and negatively associated with social skills. Further discussions include policy and services to prevent child abuse and neglect and to alleviate mothers' financial difficulties, depression, and parenting stress.

The Effect of Economic Participatory Change on Unmet Needs of Health Care among Korean Adults (한국 성인의 경제활동 참여변화가 미충족 의료에 미치는 영향: 4·5차 한국의료패널자료를 이용하여)

  • Song, Hai-Yan;Choi, Jae-Woo;Park, Eun-Cheol
    • Health Policy and Management
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    • v.25 no.1
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    • pp.11-21
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    • 2015
  • Background: The objective of this research is to investigate and provide analysis of the economic participatory change affecting the unmet needs of health care in Korean adults. Methods: We used Korea health panel 4th and 5th data of 10,261 adults. The method of investigation is threefold. First, We identified the regional factors affecting unmet needs of health care. Second, we analyzed the effect of economic participatory change as it affects the unmet needs of health care. Third, we also investigated whether there were discernable differences between the age subgroups. Results: It was determined that influencing factors included sex, education, economic level, and health status. And after the subgroup analysis of age, we found that the economic participatory change was associated with the economical unmet needs of health care especially for those over 40 years of age. Also the population are facing unemployment enduring particular economic hardship in meeting their medical needs. Conclusion: This study finds that there are some policy recommendations for the sake of medical service equality. Medical welfare policy for those 40 years of age and older has been identified as an area that needs improvement. And considering that those 40 years of age and older are facing unemployment enduring particular economic hardship in meeting their medical needs, this study finds a need for government sponsored medical stipends or subsidizing of medical premiums, co-payment, and other fees.

The Impact of Economic Hardship on Domestic Violence among Low-Income Korean Households: Investigating the Moderation Effect of Debts (저소득층의 경제적 어려움과 가정폭력: 유형별 부채사용의 조절효과를 중심으로)

  • Son, Jiyeon;Park, Jooyung
    • The Korean Journal of Community Living Science
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    • v.28 no.4
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    • pp.599-611
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    • 2017
  • The purpose of this study is to investigate the effect of increased debt on the incidence of domestic violence over the two-year interval 2014-2016. To investigate Korean low-income households with economic hardships, we analyzed the 9th and the 11th waves of the Korea Welfare Panel Study, which is jointly sponsored by the Korea Institute for Health and Social Affairs and the Institute of Social welfare, Seoul National University. The study analysis was based on data from 2,786 households with less than 60% of median income. The main study findings are as follows. First, increases in economic hardships incur domestic violence for low-income households, while increases in low-interest debt decrease the incidence of the domestic violence when controlling for economic hardships. All other things being equal, economic hardship works as a stressor and low-interest debt works as an alleviator influencing domestic violence. Second, when low-income households are experiencing economic hardships, low-interest debt fails to work as an alleviator. Under this circumstance, high-interest debt actually acts as a stressor influencing domestic violence. Thus, we can speculate that use of debt under economic hardships will occur domestic violence for low-income households. This study differs from previous studies in that it examines the effect of increase in debt on the incidence of the domestic violence across different types of debt: low interest, high interest, and credit card. We can conclude that debt can function as a stressor or an alleviator for low-income households, depending on the interest rate and the households' financial situation.

Current Living Status and Coping Strategies of Families Headed by the Unemployed (가장의 실직전 직업유형에 따른 실직가정의 생활실태와 대처방식)

  • 곽인숙
    • Journal of Families and Better Life
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    • v.17 no.2
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    • pp.93-104
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    • 1999
  • Using survey data from 323 families headed by the unemployed this study investigated the characteristics of the current living status and their coping strategies according to their job status(blue or white color) Descriptive statistics t-test and chi-square test were used to analyze the data. The results revealed that families headed by the unemployed have been experiencing economic hardship hardship in housing and problems of family functoning as well as decreased level of living. The effects of unemployment were various depending upon the job type of head of the family. The family utilized several positive coping strategies to reduce financial hardships of the family Discussions and recommendations for the future research and practical welfare policy implication s for the families are identified.

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Knowledge and Practice in Self-Management on Asthma of School-Aged Children with Asthma (초등학생의 천식 자가관리 지식과 실천의 관계)

  • Kim, Seon Su;Kwon, In Soo
    • Child Health Nursing Research
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    • v.22 no.2
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    • pp.87-96
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    • 2016
  • Purpose: This study was done to identify the level of knowledge and practice of self-management on asthma of school-aged children and to provide data for the development of an intervention program to improve self-management on asthma Methods: The participants were 100 school-aged children who were treated currently for asthma in J city located in G province. Data were collected from 25th August to 30th October 2014. Results: The mean scores were 14.37 of 20 for self-management knowledge (percentage of correct answer 71.9%), 21.65 of 30 for self-management practice. There were significant differences in knowledge according to grade, diagnosed age, food allergy, education on asthma and hardship in school life, and in practice according to gender and economic status, hardship in school life and experience of first-aid on asthma. There were positive correlations between knowledge and practice. Conclusion: Results indicate that school-aged children' knowledge and practice in self-management of asthma were not sufficient enough to perform accurate management of asthma. Therefore, to improve self-management ability of school-aged children to manage effectively asthma, educational strategies that focus on increasing knowledge need to be developed.