• Journal of Technology Innovation
• /
• v.21 no.2
• /
• pp.355-373
• /
• 2013

This research paper is to identify factors affecting the need for international cooperation in defense science and technology sector. This study set a new hypothesis based on the previous research in terms of the theory of transaction cost, knowledge-based and technology readiness level perspective. After setting a new hypothesis, the following facts were found. First, it showed that the greater the importance of defense technology also increases the need for international technology cooperation for its technology. Second, the relatively higher distance of technology comparing to the developed countries was the need for international technology cooperation to be bigger. Lastly, the relatively higher technology readiness level of technology showed the negative relationship with the need for international cooperation. This results showed that the international cooperation in defense science and technology was regarded as complementary to get their short knowledge. The results of these analyzes showed that the international defense cooperation should be push forward based on the level of technology comparing to the developed countries and the technology readiness level.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.62
• /
• pp.135-178
• /
• 2014

The Uniform Commercial Code (UCC) sets the standards of good faith in a commercial transaction for the sale of goods. With every sales contract, there is an implied obligation for both the seller and the buyer to negotiate the contract and perform under the terms of the contract in good faith. The agreement between both parties and the customs in the industry determine how the good faith standard should be applied to a particular transaction. Generally, the meaning of good faith, though always based on honesty, may vary depending on the specific context in which it is used. A person is said to buy in good faith when he or she holds an honest belief in his or her right or title to the property and has no knowledge or reason to know of any defect in the title. In section 1-201 of the UCC good faith is defined generally as "honesty in fact in the conduct or transaction concerned." Article 2 of the UCC says "good faith in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade." The sales contract will generally determine which party is required to perform first. This provision helps to determine if the buyer or the seller is in breach of the agreement due to failing to perform as stated by the contract. Either the seller must deliver the items before the buyer is required to accept and pay or the buyer must pay for the items before the seller has the duty to act in good faith and deliver the items in a reasonable manner. If the contract does not specifically define who is required to perform, industry customs and fair trade may determine what is acceptable for the transaction. Under the UCC, the buyer is required to pay for the goods when they are delivered, unless the contract states otherwise. Therefore, the UCC imposes an obligation of good faith on the performance of every contract or duty under its purview. The law also generally requires good faith of fiduciaries and agents acting on behalf of their principals. This article discusses problems of the principles of good faith under the UCC. Specifically, this paper focuses on the interpretation of UCC sections and analysis of various cases. By comparing, also, UCC and Korean law, the paper proposes some implications of good faith issues for Korean law.

• Journal of Korea Trade
• /
• v.24 no.4
• /
• pp.49-70
• /
• 2020

Purpose - The UCP is recognized as the governing law for L/C transactions, but it covers only the general details of the transaction and does not cover all complex practices. In view of this limitation, this paper examines a negotiation transaction which is most actively utilized in L/C transactions via a thorough review of the UCP provisions, analyzes the problems of the negotiation clause in the UCP, and suggests appropriate countermeasures to deal with unnecessary litigation costs. By doing so, the parties involved in the negotiation transaction would be able to avoid financial costs such as having to pay for lawsuits. Design/methodology - The present study first differentiates the general types of L/Cs (e.g., sight payment L/C, deferred payment L/C, acceptance L/C, and negotiation L/C), explains and the Article 2 and Article 12(b) of the UCP 600 where the term 'negotiation' is used, digs into the drawbacks of 'negotiation' occurring under the UCP 600, and discusses solutions to the problems found by analyzing the drawbacks descriptively. Findings - After a review of the UCP provisions on negotiation in detail, several possible problems which may occur in practice were discovered. First, as the UCP stipulates, the negotiating bank will want to delay payment to the maximum extent possible and make payment on the banking day on which the issuing bank reimburses the amount. This may lead the beneficiary towards bankruptcy or put it in financial crisis. Second, when a fraudulent transaction occurs, the negotiating bank can neither request the issuing bank to reimburse nor can it exercise its recourse right against the beneficiary because it has obtained all the rights of the beneficiary by purchasing the documents. Third, there is a practice in which the beneficiary sells the documents to its transaction bank which is not the nominated bank if the nominated bank specified in the credit is located in a third country or the exporter has no relationship with the nominated bank in the credit. In this case, whether to accept this and reimburse the non-nominated negotiating bank entirely depends on the issuing bank's decision even though such practice frequently occurs in Korea. Originality/value - There has been little research effort pertaining to negotiation transactions in detail even though negotiation L/C transactions account for around 70% in world trade notwithstanding deferred payment L/Cs and acceptance L/Cs that are also negotiated in practice. Thus, if the negotiations clause under the UCP 600 provisions were reviewed and the drawbacks of the negotiation transactions most actively used in L/C transactions were identified and examined, specific countermeasures could ultimately help smoothen the operation of L/C transactions and prevent financial losses.

• The Journal of Information Technology
• /
• v.4 no.4
• /
• pp.113-128
• /
• 2001

The international trade industry is on the brink of a radical Internet-driven transformation. TradeCard is a payment and settlement system that is an alternative to letters of crdeit. That is, TradeCard is a business-to-business e-commerce infrastructure that enables buyers and sellers to conduct and settle international trade transactions securely over the Internet. Paperless, payment-guaranteed international trade transactions - which eliminate the traditional letters of credit with electronic certifications - are widely considered the most difficult B2B transactions to conduct. The TradeCard system was initially built to accommodate and process this complex, cross-border payment type at a US$100 service fee for each transaction of up to US$100,000 since November 1999.

• International Commerce and Information Review
• /
• v.12 no.4
• /
• pp.509-535
• /
• 2010

This paper examines the Spaghetti bowl effect that different tariffs and rules of origin in multiple FTAs have resulted in increasing the significantly additional burden for business when it comes to apply for the use of FTA preference. The wide spread of FTAs in the several years, from 2003 to 2010, has been the most important trade policy development in economically important Korea. Korea presently has 5 FTAs in effect, and made 3 additional agreements which will be expected to take effect in next year. With the study result and expecting a growing number of FTAs in Korea in a next decade, the international trading firms will face rise of transaction costs for enterprises, particularly small- and medium-sized enterprises(SMEs) to cope with multiple tariffs and rule of origins in FTAs. To help mitigate negative effects and facilitate a more SEMs to use the FTA preference, providing new computer programs system, increasing the awareness of FTA provisions, improving business participation in FTA consultations, and SME support in light of education, and financial support are needed.

• International Commerce and Information Review
• /
• v.10 no.1
• /
• pp.315-327
• /
• 2008

According to the Bank Profitabilities Statistics of OECD members, Our domestic banks applying commissions for both exchange and selling/buying foreign currencies are evaluated as much higher than those of other countries banks. The theory indicates an analysis results and comparison in between banks over the world. Our domestic bank assert that, in general, the aggregated banking commission income is lower than those of other countries by comparing in the field of non-interests profits. Viewing by another analysis in details, some commission rate applying to domestic services are far below than cost basis, but other commission rate applying to foreign currency transaction services is abnormally higher. Such unfair rate should be lowered to the similar level to other banks in the world and also the actual cost should be reasonably reevaluated in the reasonable manner. One more thing, The writer suggest that domestic banks should spend efforts to increase their income by improving and diversifying with the various type of new commissions applied to domestic market, such as multi-functional financial services, expanding ATM services, electronic settling technique etc under today's rapidly changing and opening world financial market.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.66
• /
• pp.219-240
• /
• 2015

Developing countries have faced serious difficulties in implementing customs procedures. For example, they have experienced heavy administrative constraints such as lack of qualified personnel and non-computerization. Some importers in developing countries have tried to undervalue or overvalue the imported goods and misclassify them with the target of lowering the incidence of customs duties. In order to address these problems many of developing countries often require the exporter to get a Clean Report of Findings(CRF) issued by a preshipment inspection entity. This study tries to reply to the following questions with which the exporters are faced in the process of issuance of CRF. First, what are the provisions and regulations that the exporters have to note in the event a CRF is issued by the inspection entity? Second, how do the exporters safeguard their own rights in case of price verification? Third, how to protect the confidential business information to be submitted by the exporters in order to get a CRF? Fourth, how can the exporters respond to the improper conducts that the inspection entities have done?

• Asia Marketing Journal
• /
• v.24 no.2
• /
• pp.51-61
• /
• 2022

The goal of this study is to scrutinize the impact of individual online convenience dimensions on mobile banking acceptance and use in Mongolia. A total of 211 valid responses were collected from Mongolian university students who currently use mobile banking application services from local banks. The SmartPLS 3.3 software was used to conduct the confirmatory factor analysis and test the hypotheses. Using structural equation modelling, this research discovered that access convenience, transaction convenience, and possession/post-possession convenience are the main constructs related to the adoption of mobile banking services. Perceived innovation showed a significant positive effect on the adoption of mobile banking technologies. Through practical and theoretical implications, this research aims to assist mobile banking service channels of local and international banks in Mongolia. Identifying which online convenience dimensions impact the adoption and use of mobile banking will contribute to the adoption of competitive strategies for financial institutions and banks.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.54
• /
• pp.99-122
• /
• 2012

According to the United Nations Convention on the International Sale of Goods, the Seller must deliver the goods, hand over any documents relating to the them and transfer the property the to the goods as required by the contract, and buyer must pay the price for the goods and take delivery of them as required by the contract. In particular, the seller provides the documents is important. If the documents are discrepancies in credit, the beneficiary may not receive the payment. So It is important to study on conditions of documents in international trade. Documents provided by the seller shall be determined by express terms. If there is no agreement on the express terms, it shall be determined by the implied terms or governing law terms. In practice Seller shall provide the documents are as follows, For example, transport documents, commercial invoice, certificate of origin, insurance policy, packing list, inspection certificate etc. As stated above if it can not be determined by express terms, it is determined by the implied terms. In international trade, leading to the implied terms is incoterms(R) 2010 and UCP 600. Incoterms(R) 2010 define the seller must provide the goods and the commercial in conformity with the sales contract and any other evidence of conformity that may be required by the contract and UCP 600 are rules that apply to documentary credit. This paper, the practical utility between Incoterms(R) 2010 and UCP 600 is studied.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.42
• /
• pp.189-210
• /
• 2009

The United Nations General Assembly adopted the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea(hereinafter referred to as "The Rotterdam Rules") on 11 December 2008. Rotterdam Rules aims to create a contemporary and uniform law providing for modern door-to-door container transport including an international sea leg. but not limited to port-to port carriage of goods. The structure of the liability regime in Rotterdam Rules are globally close to that of the Hague-Visby Rule even though it differs from that of the Hague-Visby Rules in some significant aspects. The Rotterdam Rules are very long. Therefore the Rotterdam Rules will be difficult to understand for even the skilled ship operator or owner or charterer or shipper or consignee or receiver because they are so complicated. This paper only seeks to highlight the salient features of the liability and limitation of liability regime under the Rotterdam Rules. It is expected that the harmonization and modernization of the international legal regime. coupled with the bold attempt to balance the carrier and cargo interests should lead to an overall reduction in transaction costs. increased predictability and greater commercial confidence for international business transactions.