• Title/Summary/Keyword: international transaction

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A Study on the Application of UNIDROIT Principles in International Commercial Transaction (국제상거래에서의 UNIDROIT원칙 적용에 관한 연구 - 국제물품매매계약에 관한 유엔협약(CISG)과의 비교를 중심으로 -)

  • Woo, Kwang-Myung
    • International Commerce and Information Review
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    • v.14 no.3
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    • pp.453-479
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    • 2012
  • The increase in international trade is clearly reflected by litigation and arbitration. Despite the importance of international commercial transaction, until very recently little was known about how the law interacts with actual practice. The CISG obviously plays an important role, but we are concerned with using choice of law to resolve issue that the CISG leaves unresolved. The case law UPICC is now accessible by means of UNILEX, the database on international case law that focus on CISG cases. The courts and arbitration tribunals throughout the world are developing a growing body of international case law on issues not resolved by the CISG, though arising from transactions to which the CISG applies. The application of the CISG is obligatory due to its nature as hard law an international convention. However, UPICC are only restatements and more flexibility, comprehensive instrument than CISG. This article offers to promote the UPICC application from their present status as a mere soft law instrument through analysing UNILEX cases.

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A Study on Policy of Distribution Improvement of Fishery Products in Busan (부산수산물의 유통개선정책에 관한 연구)

  • Song, Gye-Eui
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.37
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    • pp.161-185
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    • 2008
  • In 2006, the share of fisheries distribution in Busan amounted to 1.9 million ton, which was 41 percent of the whole country. In details, coastal fishery 334 thousand ton(14% of the whole country), deep sea fishery 452 thousand ton(82%), import fishery 964 thousand ton(70%), export fishery 157 thousand ton(43%) were distributed in Busan region, respectively. According to distribution share, import(50%), deep sea fishery(24%), coastal fishery(18%), export(8%) are main category of fisheries distribution in Busan. After the institutional changes in 1997, that is, from monopoly to the competitive systems are implemented, the share of sales volume through a home trust market decreased gradually since 2000. Especially, the share of direct sales in farming fisheries sector amounted to 73.8 percent of total production volume, 80.7 percent of production value in 2005. Furthermore, the share of fisheries sale through e-commerce is increasing owing to the growth of IT and competitive price of its products. and the sale share of large discount store is also on the 10% more increase. Hereafter these structure changes of fisheries distribution in Busan will be more intensified. Therefore, after reflecting the change in distribution policy of Busan Fisheries, the directions of distribution policy should be established, as follows. $\cdot$ Distribution policy to prepare for increasing of non-trust market sales $\cdot$ Fisheries distribution policy to prepare for increasing of direct transaction like e-commerce $\cdot$ Distribution policy to prepare for increasing of sales ratio in large discount store $\cdot$ Distribution policy for making up sound purchasing circumstance of Fisheries $\cdot$ Distribution policy for reducing the fisheries distribution cost $\cdot$ Distribution policy to prepare for increasing of direct carrying the deep sea fisheries and import fisheries to Seoul and $Inch'{\breve{o}}n$ section $\cdot$ Distribution policy for implementing the information system for managing fisheries transaction $\cdot$ Distribution policy for advancing the export & import management of fisheries $\cdot$ Distribution policy for establishing transaction principle reflecting the peculiarity in fishery distribution(to enacting independent fishery law)

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Perceived Pressures and Organizational Readiness on the Continuous Internet Adaptation Intention in Fashion Companies

  • Lee, Eun-Jin;Hong, Byung-Sook
    • International Journal of Human Ecology
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    • v.10 no.1
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    • pp.13-22
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    • 2009
  • This study analyzes how the perceived pressures and organizational readiness of fashion companies (that utilize the internet as a marketing or commercial transaction tool) influence the continuous internet adaptation intention. It ascertains the differences between the companies that have introduced the internet commercial transaction and companies that have not. The survey was conducted among the employees of fashion companies from January $15^{th}$ to February $20^{th}$ in 2009. A total of 314 respondents were submitted for analysis using diverse methods that include frequency analysis, factor analysis, reliability analysis, t-test, and multiple regression analysis. The results show that the perceived internal and external pressures, the support of the chief executive officer and capacity of the organization influence the continuous internet adaptation intention of fashion companies. There are differences in the perceived internal and external pressures, support of the chief executive officer, capacity of the organization, and continuous internet adaptation intention between companies that introduced a internet commercial transaction system and those that have not.

A Comparative Study on a Supplier Credit and a Buyer Credit in International Transactions of Capital Goods - Focusing on Industrial Plant Exports, Shipbuilding Exports, and Overseas Constructions -

  • Kim, Sang-Man
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.48
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    • pp.127-155
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    • 2010
  • The international transactions of capital goods such as industrial plant exports, overseas constructions, and shipbuilding exports, are so huge that tremendous amount of funds are required, and that most of the loans are long-term credits of over five years. In the export of huge capital goods, financing is more crucial than technology itself. Some of the importing countries are developing ones that are politically and economically unstable. Therefore the financing mechanism for these transactions is conclusive in winning these projects. Global financial market instability caused by US sub-prime mortgage financial crisis expanded all over the world, and the international transactions have been decreased due to global credit crisis. This indicates how much influential the financing market is in international transactions. The financing schemes are classified into supplier credit and buyer credit by who provides the financing. A supplier credit is a credit extended by an exporter(seller) to an importer(buyer) as part of an export contract. Cover for this transaction may be extended by an export credit agency('ECA') to the exporter. In a sales contract a seller shall provide fund required to manufacture goods, and in a construction contract a contractor shall provide fund required to complete a construction. A buyer credit is an arrangement in which an exporter enters into a contract with an importer, which is financed by means of a loan agreement A Comparative Study on a Supplier Credit and a Buyer Credit in International Transactions of Capital Goods 155 where the borrower is the importer. In a sales contract a buyer shall provide fund required to manufacture and procure the goods, and in a construction contract an owner shall provide fund required to complete a construction. Therefore an exporter is paid on progressive payment method. A supplier credit and a buyer credit have their own advantages and disadvantages in the respect of the parties respectively. These two financing methods are selectively used considering financing conditions such as funding cost, importer's and/or exporter's financial conditions, importing country's political risk.

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Rules for the Interpretation of "the United Nations Convention on Contracts for the Internatinoal Sale of Goods" ("국제물품매매계약(國際物品賣買契約)에 관한 유엔 협약(協約)"의 해석원칙(解釋原則))

  • Han, Gyu-Sik
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.277-293
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    • 1999
  • As the CISG has been legislated for a new legal system playing roles as uniform rules which govern international sale of goods, it requires appropriate criterion of interpretation. The Convention distinguishes between two levels of interpretation. One concerns the interpretation of the rules of contract law contained in the CISG itself, and the other the interpretation of specific statements or the conduct of the individual parties to a transaction.

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An Empirical Study on the Electronic Trade Transaction Usage (전자적 무역거래관행에 관한 실증적 연구)

  • Yun, Kwang-Woon
    • International Commerce and Information Review
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    • v.3 no.2
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    • pp.29-47
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    • 2001
  • 본 논문은 인터넷 전자상거래를 기반으로 최근 활성화되고 있는 전자무역의 거래관행상의 영향 및 문제점을 실증분석하고 있다. 전자무역의 인터넷 전자상거래의 활용정도 및 장애요인 등을 분석하고 그에 따른 제반문제를 법제도적 측면을 비롯하여 정책적 측면 등을 중심으로 분석함으로서 전자무역의 새로운 거래관행의 확립과 법제도적 개선책의 모색을 통하여 전자무역거래의 활성화방안을 안전한 전자거래시스템의 확보 외에 관련 인력의 양성 및 교육훈련프로그램의 개발 등이 요구되고 있다.

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The Moderating Effects of Word-of-Mouth Intention in Online Travel Agencies Service Quality

  • KWAK, Dae-Young;MIN, So-Ra
    • Journal of Distribution Science
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    • v.18 no.2
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    • pp.39-48
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    • 2020
  • Purpose: This study examines components that dictate service quality of Online Travel Agencies. Research design, data and methodology: This study performed a survey that targeted people who have purchased travel products using Online Travel Agencies in the past year at Incheon International Airport. Out of 280 questionnaires, this study selected 249(88.9%) questionnaires for analysis. In analysis, this study used statistical package called 'SPSS 22'. Results: Based on the results, this study identified that company reputation and transactional stability influenced consumers' intent to share anecdotal and practical information. Conclusions: This study discovered several major findings. First, 'convenience' and 'price', two major factors in service quality, imposed positive effects on word-of-mouth intention of consumers. In particular, 'convenience' had the most significant impact. Next, this study verified the moderating effects of 'transaction safety' and 'reputation' on the effect relationships between 'convenience' and 'price', and consumer word-of-mouth intention. The results conclude that, in fact, some statistically significant differences among the effect degrees of the two independent variables on the dependent variable according to the safety level of transaction on Online Travel Agencies website do exist. In short, 'transaction safety' variable does have moderating effects on the above relationships.

A Study on Documentary Letter of Credit Transaction based on Import & Export Procedure

  • LEE, Jae-Sung
    • East Asian Journal of Business Economics (EAJBE)
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    • v.9 no.3
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    • pp.15-28
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    • 2021
  • Purpose -In the credit transaction, the issuing bank must examine the documents to pay the credit amount. In order to smoothly execute the credit transaction, document review is a key element, so the 5th revised credit unification rule specifically defines the document review procedure. Research design, data, and methodology - The document review procedure specified in the UCP Rules can be largely divided into the document review period and the rejection procedure for inconsistent documents. First of all, confusion was caused by the ambiguous regulation.. Result - With regard to the document review period, in the actual credit transaction, the issuing bank often negotiates with the issuing client about the waiver of the document inconsistency. Next, in the process of notifying the rejection of inconsistent documents, the issuing bank shall send the rejection notice. Conclusion - This study suggests that the requirement to list all inconsistencies makes it impossible for the issuing bank to further notify the refusal, thereby limiting the right to defend against inconsistencies not listed in the first refusal notice and consequently having the effect of matching them. In addition, the issuing bank's rejection notice is closely related to the beneficiary's exercise of the right to replenish documents.

Prediction of the Corona 19's Domestic Internet and Mobile Shopping Transaction Amount

  • JEONG, Dong-Bin
    • The Journal of Economics, Marketing and Management
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    • v.9 no.2
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    • pp.1-10
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    • 2021
  • Purpose: In this work, we examine several time series models to predict internet and mobile transaction amount in South Korea, whereas Jeong (2020) has obtained the optimal forecasts for online shopping transaction amount by using time series models. Additionally, optimal forecasts based on the model considered can be calculated and applied to the Corona 19 situation. Research design, data, and methodology: The data are extracted from the online shopping trend survey of the National Statistical Office, and homogeneous and comparable in size based on 46 realizations sampled from January 2007 to October 2020. To achieve the goal of this work, both multiplicative ARIMA model and Holt-Winters Multiplicative seasonality method are taken into account. In addition, goodness-of-fit measures are used as crucial tools of the appropriate construction of forecasting model. Results: All of the optimal forecasts for the next 12 months for two online shopping transactions maintain a pattern in which the slope increases linearly and steadily with a fixed seasonal change that has been subjected to seasonal fluctuations. Conclusions: It can be confirmed that the mobile shopping transactions is much larger than the internet shopping transactions for the increase in trend and seasonality in the future.

A Consideration on Fraud Exception and the Principle of Independence under the L/C transaction (신용장의 독립성의 원칙의 예외로서의 사기원칙에 관한 고찰)

  • Lee, Jong-Won
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.34
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    • pp.55-74
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    • 2007
  • The documentary credit has been functioning as an indispensable tool for making international commercial transactions safer throughout the world since ICC adopted the second revision of the Uniform Customs and Practices for Commercial Documentary Credits in 1962. Letter of Credit transaction should be cleared by the principle of the trust and integrity and vile partners sometimes make a fraud on the L/C by the misinterpretation of the documents. As there is no rule but no exception, exception from application of these principles is allowed. The fraud exception nile constitutes contracting out an application of basic principles, this rule should apply restrictively and in many authorities a court does not apply this rule to nominated bank, confirming bank, and bona fide holder of draft even if fraud is involved in L/C transactions. If not, we lose a lot of benefits from the credit as valuable commercial device through reservation of these principles to take a few benefits. So, We need to recognize that the fraud exception rule should be applied restrictively. Therefore, this study reviewed condition of application and exception from application of fraud exception rule in view of Cardozo's opinion, the Sztejn court, and UCC Sections-114(2).

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