• Title/Summary/Keyword: liabilities

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Interaction Analysis between Construction Business Indicators and Business Performance Indicators of Architect Specialty Contractors (건축 전문건설업체의 건설경기지표와 경영성과지표의 상관성 분석)

  • Kim, Nam-Sik;Lee, Dong Wook
    • Journal of the Korea Institute of Building Construction
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    • v.14 no.4
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    • pp.329-335
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    • 2014
  • This study suggests architect specialty contractors' strategies by interaction analysis between construction business indicators and business performance indicators. To do this, a database was compiled for construction orders and business performance indicators of specialty contractors with KRW 7 bil. or more of assets of 1997 through 2010. The causal relationship verification and actual proof-oriented analysis were performed for architect specialty contractors. The result is analyzed that their turnover ratio of total liabilities and net worth are affecting obtention of construction orders, ultimately increasing the operating profits. Therefore, this type of specialty contractors is determined to be able to secure corporate stability by establishing a specific operation plan for the total assets.

A Study on the Improvement of Online Secondhand-Goods Transaction (온라인 중고거래 중개자에 관한 문제점과 개선방안)

  • Jo, Ah Reum;Shin, Hyun Joo;Kim, Juchan
    • Journal of Information Technology Services
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    • v.14 no.1
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    • pp.69-83
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    • 2015
  • The e-commerce market has been more diversified via B2B or P2P, and the size of this market has gradually been expanded as well. A noteworthy phenomenon is the P2P market, which has shown a rapid, approximately 200-fold or more increase in size since 2005. Specifically, the online secondhand-goods market that makes transaction easier and more convenient has attained a fast growth as well, but either sellers or buyers of secondhand goods are properly protected due to a lack of legal regulations on secondhand-goods transaction. The purpose of this study was to examine problems with online secondhand-goods transaction and to suggest some reform measures. There is something wrong with the legal status of brokers for secondhand-goods sales. According to the current law, individual brokers are neither mail-order sellers nor mail-order brokers. So they don't have lots of liabilities, and it means that the burden of risk is all imposed on buyers. Therefore it's suggested that individual brokers should be defined as 'involved operator of electronic commerce' so that proper liability might be imposed on them.

What Prompted Shadow Banking in China? Wealth Management Products and Regulatory Arbitrage

  • SHAH, Syed Mehmood Raza;LI, Jianjun;FU, Qiang
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.12
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    • pp.63-72
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    • 2020
  • Shadow banking in China has been growing rapidly; banks use wealth management products aggressively to evade regulatory constraints. The loan-to-deposit ratio or LDR targets both sides of the balance sheet; loans in terms of asset-side, and deposits in terms of liabilities-side; banks needed to control and maintain both sides. Regulators restricted Chinese banks to maintain a 75% limit for their loan-depositratio. Banks' needed to either lower their loans or increase the deposits; WMPs helped banks to evade this limit. Banks issue more WMPs to control and manage a 75% statutory ceiling LDR. This WMPs-LDR positive association disappeared post-2015 period. This study empirically examined how Chinese banks use WMPs issuance to avoid regulatory constraints. Quarterly panel data for 30 top Chinese banks were used by analyzing pre-2015 (during the 75% LDR limit) and post-2015 (after removal of the LDR limit). This study also performed fixed-effects model as recommended by the Hausman specification test, with feasible generalized least squares FGLS estimation technique. The results of this study show that for the pre-2015 period, Chinese banks use issuance of WMPs aggressively to manage their LDR limit; this WMPs-LDR relationship disappeared post-2015 period. Moreover, SMBs use WMPs more eagerly as compare to Big4 banks.

Unlimited Liability

  • Mckay, John S.
    • The Korean Journal of Air & Space Law and Policy
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    • v.6
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    • pp.137-147
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    • 1994
  • Clearly there are many legal arguments and criticisms surrounding the proposals for change in the Warsaw Convention and the need for a radical review. The question remains is unlimited liability the answer or should there be some other form of supplemental compensation and if so, what limits should be applicable. It does seem that the adopted limits of the Convention are seen by many as the first line of defence, which, dependent on political and cultural differences, the legal interpretation of contractual wording and the legal system globally have resulted in enormous differences in compensation paid whether or not the Convention limits were imposed. An example of this is in the United States, which highlights the significance of the problem in that domestic travellers without Convention Limits can, through the American legal system, obtain compensation in the multi-million dollar area for a death claim, whereas a passenger t1ying internationally would in the first instance be subject to Convention Limits. expensive legal action through litigation. To date, we can advise that insurers have not charged additional premium for unlimited liability coverage. Insurance rates as we have stated are hardening considerably. To date, average rate increases have been plus 56% for aircraft hull and plus 45% for liabilities. Insurers last year suffered global losses of around US $ 1.1 Billion against a premium income of US $ 800,000. The target premium income for 1993 is believed to be in the region of US $1.4 Billion.

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The Presumption of the Faults and Causation in Medical Negligence Litigations using the Standards of Comparison (의료과오소송에 있어서 과실과 인과관계의 인정에 관하여 - 경험칙을 중심으로 -)

  • Park, Joo-Hyun
    • The Korean Society of Law and Medicine
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    • v.7 no.2
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    • pp.179-218
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    • 2006
  • To succeed the claim of medical negligence, the plaintiff should establish the medical profession's fault, and the causation between the fault and damages. The faults are judged on lege artis, which is based on expert witness. However, judges often infer the faults and causations from circumstantial evidences and patients' injuries. This presumptions depend on the law of nature(Erfahrungsgesetz). The law of nature can explain the typical development of the event. If the circumstantial evidences were in accordance with that, the faults and causations would be able to be recognized by the judges. Therefore the standards of comparison such as lege artis or the law of nature play an important role for medical negligence liabilities to be imputed to doctors or hospitals. The factual elements necessary to assume the fault is similar to those of the causation, for the concept of the fault is correlated with that of the causation. The elements include the temporal and spatial proximity between damages and defendant's medical treatments, no existence of other causations, the probability of bed results developed by the medical treatments, and so on. These enable the fault and causation to be assumed at the same times.

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A Comparative Study on the Liability Share of the Accident of Unlawful Action by Ship and Car at Sea and Shore Traffic (교통법규 미준수에 의한 선박사고와 자동차사고의 책임비율에 대한 비교 고찰)

  • Kim, Se-Won;Kim, Jong-Kwan;Jung, Woo-Ri
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2016.05a
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    • pp.13-14
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    • 2016
  • Many ships' collision accidents occur due to unlawful action at sea. And also at shore traffic, many car collision accidents occur due to unlawful action. Therefore In this study we analyzes actual collision accidents at sea with the regards of liability. and search and analyze similar car collision accidents at shore traffic to compare it with the ship collision. In result, this study suggests the liabilities of the two different types accidents are needed to change more reasonable liability apportionment.

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Reviews on the Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area (심해저활동에 대한 보증국의 의무와 책임에 관한 고찰)

  • Lee, Yong-Hee
    • Ocean and Polar Research
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    • v.33 no.4
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    • pp.485-495
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    • 2011
  • On February 11, 2011, upon request of the International Seabed Authority, 'the Seabed Dispute Chamber of the International Tribunal for the Law of the Sea(henceforth Chamber)' rendered its advisory opinion on the responsibilities and obligations of States sponsoring persons and entities with respect to activities in the Area. The advisory opinion covered three questions: What are the legal responsibilities and obligations of the sponsoring states with respect to the sponsorship of activities in the Area? What is the extent of liability of a State Party for any failure to comply with the LOS Convention and relevant instruments? What are the necessary and appropriate measures that a sponsoring State must take in order to fulfil its responsibilities? In particular, the Chamber delivered its opinion on the different responsibilities and obligations of developed and developing sponsoring states. This paper reviews the above three questions through analyzing the advisory opinion and makes some recommendations for the fulfillment of the responsibilities and obligations of Korea as a sponsoring states.

A Brief Study on ICC's Uniform Rules for Forfaiting Adopted in 2012 (2012년 제정 ICC 포페이팅통일규칙(URF)에 관한 소고)

  • Heo, Hai Kwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.58
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    • pp.149-177
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    • 2013
  • This article introduces and briefly examines the Uniform Rules for Forfaiting (URF)(ICC Publication No. 800), which were prepared by a joint project of the Banking Commission of the International Chamber of Commerce (ICC) and the International Forfaiting Association (IFA), and became effective on January 1, 2013. Forfaiting is a kind of trade financing technic performed by way of a sale and purchase of payment claim between its seller and its buyer, the forfaiter, on a without recourse basis. URF is designed to facilitate global trade finance and embraces all the international payment instruments which are currently used and will be newly developed in the future. URF is expected to be a set of standardized terms and conditions for both the primary and secondary forfaiting markets. In this context, this article first looks into the concept of the forfaiting and certain features and structure of forfaiting transactions. Then this article moves to discussing URF itself. For this it examines (i) the nature and scope of URF and some important definitions provided in URF, (ii) some provisions of URF that apply to the delivery of documents to the forfaiter, the examination, and the acceptance or refusal, of such documents by the forfaiter, and (iii) the payment of purchase price by the forfaiter to its seller, including the matter of "payment under reserve" and repurchase by the seller from the forfaiter. Finally, this article examines liabilities of the parties concerned, before conclusion.

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The Impact of Standardization Intensity on Sales Performance: Evidence from Korean SMEs (중소기업의 표준화 집중도가 기업의 매출성과에 미치는 영향)

  • GANG, KwangWook
    • Journal of Korea Technology Innovation Society
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    • v.19 no.3
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    • pp.417-438
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    • 2016
  • The choice of SMEs between standardization and R&D is one of the strategies of building capabilities for achieving competitive advantages under the liabilities of newness and smallness. This paper provides empirical evidence of Korean SMEs choice between standardization and R&D. We hypothesize two possible impacts of standardization intensity on sales performance; a positive linear and a U-shaped relationship. The analysis of data on 821 Korean SMEs from information and technology, and electricity and electronics industries in 2013 shows an U-shaped relationship between relative standardization intensity over R&D and sales performance.

An Application of Data Mining Techniques in Electronic Commerce (전자상거래에서 지식탐사기법의 활용에 관한 연구)

  • Sung Tae-Kyung;Chu Seok-Chin;Kim Joong-Han;Hong Jun-Seok
    • The Journal of Information Systems
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    • v.14 no.2
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    • pp.277-292
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    • 2005
  • This paper uses a data mining approach to develop bankruptcy prediction models suitable for traditional (off-line) companies and electronic (on-line) companies. It observes the differences in the composition prediction models between these two types of companies and provides interpretation of bankruptcy classifications. The bankruptcy prediction models revealed the major variables in predicting bankruptcy to be 'cash flow to total assets' and 'gross value-added to net sales' for traditional off-line companies while 'cash flow to liabilities','gross value-added to net sales', and 'current ratio' for electronic companies. The accuracy rates of final prediction models for traditional off-line and electronic companies were found to be $84.7\%\;and\;82.4\%$, respectively. When the model for traditional off-line companies was applied for electronic companies, prediction accuracy dropped significantly in the case of bankruptcy classification (from $70.4\%\;to\;45.2\%$) at the level of a blind guess ($41.30\%$). Therefore, the need for different models for traditional off-line and electronic companies is justified.

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