• Title/Summary/Keyword: international guarantee

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A Comparative Study on Governing Rules Applicable for Standby Letters of Credit (스탠드바이 신용장(信用狀)의 준거규범(準據規範)에 관한 비교연구(比較硏究))

  • Park, Suk-Jae
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.495-518
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    • 1999
  • Since the end of World War II, the standby letters of credit have been used as a surety device, serving as a performance bond and guarantee in the world. In Korea, the standby letters of credit have been also being used in international transactions. But there have been a few studies on the standby letters of credit. This study is carrying out to reveal the characteristics of the standby letters of credit and the documentary letters of credit and also between the standby letters of credit and guarantees. Secondly, this study is carrying out to indicate types of practical use of standby letters of credit in international transactions, i.e. bid bonds, performance bonds, advanced payment guarantees etc.. Finally, this study is carrying out to indicate governig rules regarding standby letters of credit, i.e. URCG, URDG, UCP, UN Convention on Independent Guarantees and Standby Letters of Credit, ISP etc..

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A Study on the Requirements and Compliance Standard of a Presentation for Demand for Payment under URDG (URDG 하의 지급청구를 위한 제시요건과 그 일치성 기준)

  • Chae, Jin-Ik
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.50
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    • pp.109-136
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    • 2011
  • Bank Guarantee system is commonly used as useful financial instruments to support various overseas and domestic business activities by providing bank guarantees. Therefore, it will be able to develop as a useful socio-economic useful system. However, some procedural problem can arise from the processes under demands for payment. Therefore, it is very important to review the requirements of the demand for payment and compliance standard for the examination of a presentation under the guarantee system. It is necessary to examine main issues under the revised URDG 758. The URDG introduced the same examination principle of "need not be identical to, but shall not conflict with' as that of UCP 600. The main changes of the URDG 758 like this imply the mitigation of the compliance standard for examination. So, This paper is to provide a comparative study of the regulations and laws for the examination standard and propose their implications and practical notes under bank guarantee system. For this purpose, this study will be examined the practical and legal issues focusing on the relative regulations of the revision URDG 758. It will also be reviewed and compared with the URDG, ISP98, UCP 600 and so on.

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A Comparative Study on the Electronic Payment System between United States and Korea (한국과 미국의 전자결제제도 비교연구 -고객보호관련 주요쟁점을 중심으로-)

  • Lee, Byeong-Ryul
    • International Commerce and Information Review
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    • v.11 no.1
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    • pp.27-43
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    • 2009
  • This article explored the customers protection regulations in electronic payment system by Article 4A of the UCC and EFTA of 1978 and by Electronic Financial Transaction Act of Korea. Both Korea and America have various regulations to protect concerned parties(customers). For examples, the errors of payment order, money-back guarantee, and unauthorized payment order etc. First, this Article focuses on the allocation of risk of loss caused by ambiguous term in payment orders that do not express the subjective intention of the senders. Second, most rights and obligations created by Article 4A of America can be varied with the agreement of affected parties. But there are some exceptions. The exceptions include the money-back guarantee. So Receiving bank have to pay to originator the ordered money included interest. However, Korea also has money-back guarantee but bank do not pay interest to sender. Lastly, Electronic Funds Transfer Act of 1978 and Regulation E has US$ 50 regulation in order to protect customers on the unauthorized payment order. Article 4A imposes duty to detect unauthorized payment orders to originator in relation to the establishment of commercially reasonable security procedure, while Korean law imposes the duty to notify the bank in order to decrease the loss resulted from unauthorized payment order.

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A Study on Risk Management of Concerned Parties in Forfaiting

  • Park, Se-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.52
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    • pp.25-44
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    • 2011
  • Possibility of credit risk, foreign exchange risk and interest rate risk of exporter increases in the recent international Commercial transactions, due to financial crisis of Europe and liberalization of Middle East. Under this circumstance, Forfaiting is trade finance that forfaiter purchase negotiable debt instrument without recourse from exporter, which occurred related with international commercial transactions, and credit risk, contingency risk, foreign exchange risk and interest rate risk of exporter can be transferred to forfaiter. Forfaiting is typically medium-term finance(three to five years) concluded at fixed interest rate, although it can also arranged on a floating interest-bearing basis for periods from six months to ten years or more. But Forfaiting service of Korea has limitation as follows. First, forfaiting in Korea deals with unrestricted irrevocable documentary credit as debt instruments. Period that forfaiting is provided is short and amount of money is limited, compared with advanced forfaiting. But forfaiting provided in advanced countries deals with various methods such as guarantee for bill, payment guarantee, and can be resold in financial market. Recently importance of forfaiting is increasing in international commercial transactions. Therefore profound study on forfaiting is required. The study will examine the risk that happens to the concerned parties in forfaiting, and its management measures. The study adopted literature review method such as local and foreign books and papers about trade finance, internet information about forfaiting, and professional journal related with international finance.

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A Study on the Due Process in Online Arbitral Proceeding for the International Commercial Disppute Settlement (국제상사분쟁해결(國際商事紛爭解決)을 위한 온라인중재(仲裁)에서 정당(正當)한 절차(節次)에 관한 연구(硏究))

  • Yu, Byoung-Yook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.26
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    • pp.225-253
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    • 2005
  • Nowadays we does not hesitate to definite answer that the arbitration is the most developed dispute settlement out of court in the international commercial transaction. Online arbitration is desirable for the reasons of speed and cost effectiveness to settle the dispute about the international commercial transaction. Online arbitration is fast because it uses the communication technologies that allow information to be sent fast and efficiently. But in online arbitration too much speed and efficiency may lead to a violation of due process rights and consequently the online arbitration awards run a risk to be set aside or refused its enforcement under the international commercial arbitration mechanism. Speed and efficiency may conflict with the procedural guarantee characterizing each adversary dispute resolution process. As arbitration is exclusive of recourse to courts, a state must guarantee that arbitral proceeding should be satisfied with the claim rights requirement. The main question regarding the sources of regulation is particularly for the due process whether or not this is provided by the availability of grounds to set arbitral award aside. In other words, does it respect due process in the arbitration proceeding including information communication and technology under the online arbitration. In this paper it is discussed about how the main issue in arbitration should be implemented in online arbitration proceedings to cope with the due process requirements in national and international.

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Oxidative stress impairs the meat quality of broiler by damaging mitochondrial function, affecting calcium metabolism and leading to ferroptosis

  • Chen, Zuodong;Xing, Tong;Li, Jiaolong;Zhang, Lin;Jiang, Yun;Gao, Feng
    • Animal Bioscience
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    • v.35 no.10
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    • pp.1616-1627
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    • 2022
  • Objective: This work was conducted to investigate the effects of oxidative stress on meat quality, mitochondrial function, calcium metabolism and ferroptosis of broilers. Methods: In this study, a total of 144 one-day-old male Ross 308 chicks were divided into 3 groups (control group, saline group, and hydrogen peroxide [H2O2] group) with 6 replicates of 8 broilers each. The study lasted for 42 d. The broilers in the saline and H2O2 groups were intraperitoneally injected with 0.75% saline and 10.0% H2O2 on the 16th and 37th day of the experimental period respectively, the injection volumes were 1.0 mL/kg of broiler body weight. On the 42nd day of the experimental period, two chicks were randomly selected from each cage, a total of thirty-six chicks were stunned by electric shock and slaughtered to collect breast muscle samples. Results: The H2O2 exposure reduced pH value, increased drip loss and shear force of breast meat (p<0.05), impaired the ultrastructure and function of mitochondria. The H2O2 exposure damaged the antioxidant system in mitochondria, excessive reactive oxygen species carbonylation modified calcium channels on mitochondria, which impaired the activities of key enzymes on calcium channel, resulted in the increased calcium concentration in cytoplasm and mitochondria (p<0.05). In addition, the H2O2 exposure increased the iron content and lipid peroxidation (p<0.05), which induced ferroptosis. Conclusion: Oxidative stress could impair meat quality by causing mitochondrial dysfunction, resulting in calcium metabolism disorder and ferroptosis.

Systematic Approach to Involving the Tools of Digital Marketing as a Guarantee of the International Business Development

  • Chernenko, Oksana;Kovalchuk, Svitlana;Perevozova, Iryna;Fayvishenko, Diana;Zaburmekha, Yevgena
    • International Journal of Computer Science & Network Security
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    • v.22 no.2
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    • pp.311-317
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    • 2022
  • The research is devoted to the substantiation of the system approach to the involvement of digital marketing tools as a guarantee of international business development. It is proved that digital marketing, as a type of marketing based on the use of digital technologies allows to make a profit, to promote the brand, as well as goods and services in the market. The digital marketing toolkit system is a set of elements with existing relationships that ensure the effectiveness of the entire digital marketing, which in total is greater than its individual components. The implementation of a systems approach involves the implementation of the philosophy of digital marketing in general, its functions in the form of systems analysis, formation of strategic development goals and entry and promotion in the international market, preparation and implementation of tactical and strategic development plans.The use of such digital marketing tools as: content marketing, social media marketing, Email-marketing, targeted advertising, contextual advertising, media advertising, Search Engine Optimization, affiliate programs and the company's website is analyzed in detail.

Study on Main Issues and Points of K-sure's Refund Guarantee System of Korean Small and Middle Shipbuilding Industries Around Global Financial Crisis -Focus on the Support of K-sure for 'S' Shipbuilding Co.- (한국무역보험공사의 중소 조선 산업에 대한 보증제도 운영지원과정상의 문제점과 정책시사점)

  • Lee, Eun-Jae
    • International Commerce and Information Review
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    • v.14 no.4
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    • pp.339-360
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    • 2012
  • We have more risks in international trade market than in the domestic business market because economic activities are going on with business transactions in different countries. K-sure's Refund Guarantee System is the most important system for Korean Small and Middle Shipbuilding Industries' business, but Korean exporters of Shipbuilding Industries are more interested in export financing through K-sure rather than its financial supporting services. The export insurance becomes more important service for international trade business and it its count as the only one indirect way of supporting export business because export insurance is accepted internationally under the WTO system. Also, it is the only measure that can cover emergency risk, credit risk, exchange risk which cannot be covered by private insurance. As the major risk manager for Korean exporters, the K-sure needs to provide an integrated risk management service for customers. Korean exporters can take more challenges in ever competitive international trade market and we can witness promotion of export in the future which is essential to Korea's economic growth.

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The Liability System and the Legal Nature of the Seller's Liability for Defective Goods under Korean Law and the PELS (유럽매매법원칙과 한국법상 결함상품에 대한 매도인의 책임의 법적성격과 책임제도)

  • Lee, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.44
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    • pp.31-55
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    • 2009
  • This study attempts to provide a comparative overview of the liability systems Korean law and the PELS adopt, that is, the approaches taken by Korean law and the PELS to deal with various irregularities of contractual performance. In addition, it examines in a comparative way the questions of what is the position of the seller's liability for his delivery of defective goods under the chosen liability system and what is the legal nature of the seller's liability. The study finds that the dual liability system taken by Korean law has caused some complexities as to the matter of which liability is applicable in some borderline cases. The problem in such complexities is originated in that the remedies available and the limitation period applicable are differentiated in accordance with one's different categorization among three types of default under the general liability and defective performance under the seller's guarantee liability. In this light, the study argues that the unified liability system under the PELS is superior because its concept of non-performance embraces in a unitary manner all the aspects of default including defects in quality, quantity and title. In addition, it finds that Korean law has suffered endless debates on the question of what are the true contents of the same remedies of rescission and damages provided under the seller's guarantee liability as under the general liability. The debates have been come along on the basis of the traditional presumption among some of civil law jurisdictions that two liabilities be different in terms of not only their legal nature but also their contents of remedies. The study argues that the problem may be circumvented, first, by another way of thinking that the unified liability in Korean law is inferred from the specification of the identical remedies for both the general liability and the seller's guarantee liability under the KCC, second, by the preposition that the requirement of fault be depended upon what remedy the buyer seeks to claim rather than what liability he does to rely on.

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A Plan to Secure the International Currency on Korean Professional Engineer (기술사 자격의 국제적 통용성 확보 방안)

  • 조정윤
    • Journal of the Korean Professional Engineers Association
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    • v.32 no.3
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    • pp.92-105
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    • 1999
  • With the advent of the information age and the knowledge-based society, human resource development has become a key factor in determining a nation's competitiveness. And technological qualification systems have a direct and significant influence on human resource development. In order to guarantee Korea's continued development as a competitive member of the international community, it is demanded that a Korean Technology Qualification System (KTQS) is to accept international qualification criteria. This study was conducted in order to analysis current movements about the international mutual recognition of Professional Engineer and present problems for introducing APEC Engineer System to KTQS, and also recommend reasonable plans which overcome those. Under the WTO/GATS, the liberalization of trade in professional services will steadily increase. APEC activities to facilitate the portability of qualifications is considered complementary to the WTO movement. If the government attempts to introduce the APEC criteria for university degree requirements, university curriculum standards, programs for continuing professional developments(CPD), and practical, on-site experience. In the standpoints with the recent developments of APEC Engineer agreement on profession qualification, it is important to guarantee that Korean qualifications have a common, international currency. Measures have to be taken to harmonize the qualifications standards for Professional Engineer with those set out by the WTO/GATS movement. Also this will require an increase in the quality of university curriculum and an establishment of CPD. This process will be further enhanced by the organization of APEC Engineer Monitoring committee, Consisting of government officials, professional engineers and university professors. At this committee we can discuss the best strategies to keep our nation's interests.

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