• Title/Summary/Keyword: international transaction

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Payment Refusal against Discrepancy in Transport Document under L/C Transaction (신용장거래에서 운송서류 불일치에 대한 지급거절)

  • Lee, Jung-Sun
    • Korea Trade Review
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    • v.42 no.2
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    • pp.205-225
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    • 2017
  • The study attempts to verify the case related to the notice of payment refusal by issuing bank regarding discrepancy in transport document under L/C(Letter of Credit) transaction. Considering the high portion of trade between Korea and China, Korean companies and banks in L/C transaction should be careful about many unpredictable situations. The case of this study is that Chinese seller(beneficiary) initiated a civil suit against Industrial Bank of Korea to Chinese court and Chinese courts in the first and second trials judged that the notice of payment refusal by Industrial bank of Korea doesn't satisfy Article 16, (c) (ii) (iii) in UCP 600. However, Industrial Bank of Korea implements the judgement even though the judgement is highly biased to Chinese seller. Considering the judgement by Chinese courts, the study suggests some countermeasures to Korean companies and banks which opened L/C. First, the issuing bank should describe the contents of discrepancy specifically based on Article 16, (c) in UCP 600. Second, it is necessary to insert a clause regarding governing law in the L/C contract like sales contract. Third, considering the biased judgement by Chinese court and difficulty in execution of foreign judgement in China, it is recommended to using arbitration as a method of dispute resolution such as ICLOCA and DOCDEX Rules which are international system operated by international instruments because it has legal effects to parties in L/C contracts if the issuing bank inserts arbitration clause in L/C.

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Simulated Dynamic C&C Server Based Activated Evidence Aggregation of Evasive Server-Side Polymorphic Mobile Malware on Android

  • Lee, Han Seong;Lee, Hyung-Woo
    • International journal of advanced smart convergence
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    • v.6 no.1
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    • pp.1-8
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    • 2017
  • Diverse types of malicious code such as evasive Server-side Polymorphic are developed and distributed in third party open markets. The suspicious new type of polymorphic malware has the ability to actively change and morph its internal data dynamically. As a result, it is very hard to detect this type of suspicious transaction as an evidence of Server-side polymorphic mobile malware because its C&C server was shut downed or an IP address of remote controlling C&C server was changed irregularly. Therefore, we implemented Simulated C&C Server to aggregate activated events perfectly from various Server-side polymorphic mobile malware. Using proposed Simulated C&C Server, we can proof completely and classify veiled server-side polymorphic malicious code more clearly.

Consistency preservation techniques for Location Register System in Mobile Networks

  • Kim, Jang-Hwan
    • International Journal of Internet, Broadcasting and Communication
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    • v.12 no.2
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    • pp.144-149
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    • 2020
  • A database called Home Location Register(HLR) plays a major role in location management in mobile cellular networks. The objectives of this paper are to identify the problems of the current HLR system through rigorous analysis, to suggest solutions to them. The current HLR backup method is a process of simply writing the changed memory SLD block to disk, which has a problem in maintaining database consistency. Since information change and backup are performed separately by separate processes, there is a risk of information inconsistency when an error restart occurs. To solve this problem, a transaction concept was introduced for subscriber-related operation functions and a recovery method through logging and checkpointing was introduced. The subscriber related functions of tasks terminated normally by the suggested process are recovered with consistency even after system restarts. Performance is also not affected seriously because disk tasks for log occur with only subscriber related functions.

Analysis of Blockchain Network and Cryptocurrency Safety Issues

  • Taegyu Lee
    • International journal of advanced smart convergence
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    • v.12 no.3
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    • pp.40-50
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    • 2023
  • Blockchain is a technology designed to prevent tampering with digital documents or information, safeguarding transaction data and managing it in a structured manner. This proves beneficial in addressing issues of trust and data protection in B2B, B2C, and C2B transactions. Blockchain finds utility not only in financial transactions but also across diverse industrial sectors. This study outlines significant cases and responses that jeopardize the security of blockchain networks and cryptocurrency technology. Additionally, it analyzes safety and risk factors related to blockchain and proposes effective testing methods to preemptively counter these challenges. Furthermore, this study presents key security evaluation metrics for blockchain to ensure a balanced assessment. Additionally, it provides evaluation methods and various test case models for validating the security of blockchain and cryptocurrency transaction services, making them easily applicable to the testing process.

The Doctrine of Separability and Kompetenz-Kompetenz under International Commercial Arbitration. (전자상거래분쟁에서 국제재판관할권의 논점)

  • 박종삼
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.235-262
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    • 2004
  • A study on the international Jurisdiction to Application in Electronic Transaction Disputes The implementation of electronic commerce raises some new legal and institutional problem so it is necessary for us to prepare alternatives. As the development of electronic commerce is difficult without smooth settlement of dispute the pursue of smooth settlement of dispute is very important menu. while the most common method relating to the settlement of dispute is litigation. them relating to the litigation, the subject of jurisdiction and the subject of governing laws should be resolved above all. Further more in addition, the old act prior act was regarded as insufficient in that it lacked rules on international jurisdiction to adjudicate, or international adjudicatory jurisdiction, where as the expectation of the public was that the private international law should function as the basic law of the legal relational encompassing rules on international jurisdiction given the increase of It international disputes. for the move the private international law has also attracted more attention from the korean. Therefore, International jurisdiction to application concerned about electronic commerce should be prepared and the environment to keep electronic commerce secure and stable be guaranteed. And we should make plans to protect companies and consumers and should make efforts to expand electronic commerce infrastructure.

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Applicability of Blockchain based Bill of Lading under the Rotterdam Rules and UNCITRAL Model Law on Electronic Transferable Records

  • Yang, Jung-Ho
    • Journal of Korea Trade
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    • v.23 no.6
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    • pp.113-130
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    • 2019
  • Purpose - This paper investigates applicability of blockchain based bill of lading under the current legal environment. Legal requirements of electronic bill of lading will be analyzed based on the Rotterdam Rules and recently enacted UNCITRAL Model Law on Electronic Transferable Records. Using comparative analysis with the previous registry model for electronic bill of lading, this paper examines the advantages of blockchain based bill of lading. Design/methodology - This research reviewed previous efforts for dematerializing bill of lading with its limitation. Main features of blockchain technology which can make up for deficiencies of registry model also be investigated to analyze whether these features can satisfy the requirements for the legal validity of the negotiable electronic transport record or electronic transferable records under the Rotterdam Rules and the MLETR. Findings - Main findings of this research can be summarized as follows: Blockchain system operated in an open platform can improve transparency and scalability in transfer of electronic bill of lading by assuring easy access for transaction. Distributed ledger technology of blockchain makes it more difficult to forge or tamper with transactions because all participants equally shares identical transaction records. Consensus mechanism and timestamp in a blockchain transaction guarantee the integrity and uniqueness of a transaction. These features are enough to satisfy the requirements of electronic transferable records under the Rotterdam Rules and MLTER. Originality/value - This study has significance in that it provided implications for the introduction of electronic bill of lading by analyzing whether the blockchain based electronic bill of lading model meets the legal requirements under the current legal system prepared prior to the introduction of blockchain technology, and by presenting the advantages of the blockchain based bill of lading model through comparative analysis with the existing registry model.

What Drives International Science and Technology Cooperation? (과학기술분야 국제협력 필요성의 인식에 대한 연구: 거래비용이론, 성과측청관점, 지식기반관점을 중심으로)

  • Shin, Hyung-Deok;Chung, Tae-Young;Ryu, Choon-Ho;Lee, Joung-Ho
    • Journal of Korea Technology Innovation Society
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    • v.13 no.4
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    • pp.638-655
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    • 2010
  • The importance of international science and technology cooperation is growing more and more, but we do not know much about what criteria could be used to choose a science or a technology that needs international cooperation first and foremost among many kinds of competing sciences and technologies. Moreover, this selection process is affected by evaluators' or science/technology experts' perception, but we do not quite know what they actually see when they evaluate the needs of international cooperation. This study investigates the conditions that international science and technology cooperation is encouraged by scholars and researchers in various areas. Based on theoretical arguments of Transaction Cost Economics, Measurement View, and Knowledge-Based View, we drew hypotheses on when experts perceive greater needs of international cooperation. Using the classification categories of 10 major sciences and technologies, we collected data from 151 respondents from scientists in research institutions and colleges. As a result, we found that experts in science and technology areas perceive strong needs of international cooperation when the importance of focal science or technology is high and the relative national level of focal science or technology is low. Also, we found that the importance and relative level of focal science and technology have positive moderating effects each other. Lastly, we found that when experts evaluate their own major areas, the strength of positive relationship between the importance of science and technology and needs of international cooperation is diminished.

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Trade Facilitation for Promotion of e-Business (e-비즈니스의 활성화를 위한 무역원활화추진)

  • Kim, Sun-Ok
    • International Commerce and Information Review
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    • v.7 no.2
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    • pp.163-181
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    • 2005
  • The purpose of this paper is to review the major issues of trade facilitation that have been discussing in relevant international organization such as WTO, WCO, UN/ECE, and UNCTAD In recent years the term, trade facilitation, has become extremely popular and, therefore, applied to an ever-growing number of activities. Trade Facilitation encompasses the simplification, standardization, harmonization and elimination of the procedures, data requirements and administration involved in an international trade transaction. The facilitation of trade procedures is seen by all major international business as vital for economic development. Several factors are fuelling the need for trade facilitation of which two are the globalization of international trade and the rapid IT-development. Another important factor includes increased economic integration by an explosion of regional and bilateral free-trade agreement that often feature complex customs requirements. Technological progress has also introduced faster and cheaper forms of transportation and transportation management techniques, such as the increased use of e-business and JIT. The Internet is also fragmenting containers of goods that could have been custom cleared on a single entry into dozens of individual shipments that each require separate customs documents and clearance procedures. This creates a challenge for express couriers who anticipate exponential growth in small shipments by individual consumers, as compared to shipment by wholesalers or retailers. These consumers expect goods to be cleared immediately. It is no wonder that express couriers are actively promoting, and participating in the trade facilitation agenda.

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Dispute Resolution in Internet International Consumer Transaction (인터넷을 통한 국제소비자거래에서의 분쟁 해소방안 - ODR을 통한 분쟁해결방안을 중심으로 -)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.28 no.2
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    • pp.249-275
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    • 2018
  • Today's Internet environment is growing rapidly, and transactions based on it are also rapidly increasing. E-commerce allows merchants and consumers in different countries to easily trade goods across borders. However, the increase in international consumer transactions through the Internet is accompanied by an increase in disputes. International consumer transactions are characterized by a distinction among long distance, small sum, and different jurisdictions. International consumer transactions cannot be solved only by way of resolving disputes in past international transactions. The best way to resolve disputes between international carriers and consumers is through the Internet. In this regard, UNCITRAL has been preparing to enact legislation on ODR as a solution to international electronic trade disputes and, as a result, UNCITRAL adopted guidelines for operating the ODR procedure for building the ODR platform. The European Union has also increased its disputes in the European Union, which is active in the intra-regional market. Institutional improvements were made to solve this problem; therefore, the European Union (EU) has enacted the ODR Regulations for EU consumer disputes. Based on such, this study constructed the ODR platform, which is used as a way to resolve consumer disputes in the regional market.

A Study on Main contents and Practical Implications of the ICC Model Contract for International Sale of Manufactured Goods (ICC 국제공산물매매 모델계약서의 주요 내용 및 실무상 유의점에 관한 연구)

  • Byung-Mun Lee;Shin, Gun-Hoon
    • Korea Trade Review
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    • v.47 no.1
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    • pp.131-144
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    • 2022
  • This study primarily concerns the Model Contract for International Sale of Manufactured Goods recently published by International Chamber of Commerce in 2020. To this end, this study examines the importance of the ICC model contract and its main characteristics, and considers in what form the contract is composed of and the scope of its application by classifying it according to the object of the contract, the subject and type of the transaction. In addition, this study divides the main contents of the ICC model contract into special conditions and general conditions, and attempts to scrutinize details of each condition in connection with the United Nations Convention on Contracts for International Sale of Goods(1980) as a governing law taken by the ICC model contract. Furthermore, this study puts forward, on the basis of the detailed examination of main conditions of ICC Model Contract, practical implications on what the parties to the contract should be aware of when using the ICC model contract.