• 무역상무연구
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• 제39권
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• pp.59-85
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• 2008

An independent bank guarantee(aka an independent guarantee) is provided as an security on a principal obligor's performance of his obligation, and a guarantor should pay the guaranteed amount only upon a beneficiary's written demand. A standby letter of credit has been used in the United States, since it was construed that a bank should not issue a guarantee. There was wide misunderstanding that a standby letter of credit differs from an independent bank guarantee. However, a standby letter of credit is the same security as an independent bank guarantee, and in international business a standby letter of credit is not differentiated from a independent bank guarantee. An independent bank guarantee are independent from the underlying contract, unconditional, and irrevocable. And a guarantor should pay upon written demand without proving a principal obligor breaches the underlying contract. These features of an independent bank guarantee has been abused in international transactions. Thus it has been proposed that some exceptions to the features of an independent bank guarantee should be allowed. United Nations Convention on Independent Guarantees and Standby Letter of Credit(1995) stipulates some exceptions to payment obligation. Export bond insurance, a part of export insurances, operated by the Korea Export Insurance Corporation under the Export Insurance Act, is used as a security for unfair calling by a beneficiary under an independent bank guarantee. Most of the export subsides by the government are prohibited under WTO's Agreement on Subsidies and Countervailing Measures. However, as export insurance is allowed under the WTO, it operates a significant role in enhancing the export. In the event that export bond insurance is provided for a guarantor, an obligor who is subject to recourse by a guarantor, can be exempt from the recourse in case of unfair calling. The Korea Export Insurance Corporation, an insurer, bears unfair calling risk by a beneficiary. Generally it is understood that a demand shall be made before the expiry of an independent bank guarantee. However this is not absolutely true, it shall be decided by URDG, ISP98, the governing law.

• 한국경영과학회:학술대회논문집
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• 한국경영과학회 2007년도 추계학술대회 및 정기총회
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• pp.341-356
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• 2007

본 연구는 우리나라 이동전화고객의 서비스 전환(번호이동)에 영향을 미치는 요인에 대한 실증 분석을 다루고 있다. 실증 분석을 위해서 본 연구에서는 이동전화 번호이동제가 도입된 2004년 1사분기부터 2007년 2사분기까지 총 14개 분기의 시계열 자료를 활용하였다. 종속변수로는 이동통신 3사의 분기별 번호이동자수를 이용하였으며 설명변수로는 이동통신사의 가입자 유치비용 및 전환비용과 더불어 수요특성을 감안한 대기수요효과, 추세효과, 구조변화효과 등을 고려하였다 분석 결과 각 사업자별 번호이동 유입자수에 영향을 미치는 요인이 상이함을 확인할 수 있었다 구체적으로 SKT로 이동해오는 고객 수는 SKT의 가입자 유치비용, KTF에서 오는 대기수요 등이 유의한 영향을 미치는 것으로 나타났으며, KTF로 이동해오는 고객 수는 번호이동고객이 느끼는 전환비용, SKT로부터의 대기수요 등의 영향을 받는 것으로 나타났다. LGT에는 LGT의 유치비용과 추세의 영향을 크게 받는 것으로 나타났다.

• 무역상무연구
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• 제13권
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• pp.657-677
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• 2000

Since January 1, 1999, traders, bankers and their counsels worldwide have available for their use the first set of rules exclusively dealing with standby letters of credit:the International Standby Practices(ISP98). Numerous standbys have alreadby been issued in the United States and worldwide subject to the new ISP. The international banking community is anticipating an increasing demand from their customers to issue ISP-governed undertakings. Before the adoption of ISP, traders and bankers had only the choice of issuing their standby subject to the International Chamber of Commerce's(ICC) Uniform Customs and Practices for Documentary Credits(UCP) and, to a much lesser extent, to the ICC's Uniform Rules for Demand Guarantees(URDG). However, practice showed that UCP rules are not easily adapted to regulate transnational standbys. Indeed, UCP was conceived to govern documentary credits, which are intended to serve as a means of payment. By contrast, standbys are means of guaranty. The core of UCP cannot therefore be appropriate for standby practices and, as a consequence, a number of UCP's provisions have to be excluded in the standby's text. UCP's shortcomings indicated above fulfil the requirements of a key factor for the success of uniform rules. Indeed, to achieve success in the sense of meeting the market's acceptance, any such rules should fill a widely recognized need expressed by merchant community to which such rules are addressed. The ISP cleary has such a vocation. Nonetheless, the already largely encumbered regulatory environment of guarantee devices can hardly go unnoticed. The question therefore arises as to the proper place of ISP in such a context.

• 무역상무연구
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• 제26권
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• pp.203-223
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• 2005

Many international transactions involve the use of security devices, commonly referred to as "guarantees", "bonds", or "standby credits", designed to protect one of the parties from a breach by its counter-party. These security mechanisms may be provided by banks, insurance companies, specialized surety companies, or other financial service firms. Although some legal systems distinguish between "guarantees", "bonds", and "indemnities", these terms are often used as synonyms in the everyday language of international traders. It may therefore be necessary to examine the particular characteristics and nature of the guarantee obligation in order to properly classify the guarantee. Two main categories of guarantee are demand and suretyship. Under a demand guarantee, the guarantor must pay on first demand by the beneficiary. The beneficiary only has to demand payment under the guarantee - there is no need to prove that the principal has actually defaulted on a contractual obligation. Under a suretyship or conditional guarantee, the obligation of the guarantor is triggered by the actual default or contractual breach of the principal, as evidenced in a document such as a court judgement or arbitral award against the principal. Guarantees have been widely used in the international business transactions. Main uses of guarantees are as follows : Performance Bonds/Guarantees, Bid(or Tender) Bonds/Guarantees, Advance Payment or Repayment Bonds/Guarantees, Retention Bonds/Guarantees, Maintenance(or Warranty) Bonds/Guarantees etc.

• 한국인터넷방송통신학회논문지
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• 제23권2호
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• pp.169-174
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• 2023

현재 가정이나 사무실 및 공장 등 전력 수요가 증가하면서 전체 전력 사용량도 증가하고 있다. 전력사용의 증가는 에너지 절약에 대한 의식 변화가 나타나면서 대기전력에 대한 관심도도 높아졌다. 가정용 및 사무용 기기는 대기상태에서도 전력을 소모하고 있다. 이에 대기전력의 저감에 대한 필요성이 매우 커지고 있으며 대기전력 1W이하를 목표로 하고 있다. 지능형 콘센트는 근거리 무선망을 이용하여 홈네트워크에 연결하고 콘센트에 연결된 램프나 가전기기의 대기전력을 차단하거나 절감시키는 것이다. 본 연구에서는 근거리 무선망(Zigbee)를 이용하여 콘센트에 연결된 조명램프나 가전기기에서 사용하는 전기의 사용량을 원격으로 모니터링 하고 대기전력을 차단할 수 있는 모니터링 시스템과 지능형 콘센트을 개발하고자 한다. 또한, 개발하는 지능형 콘센트와 모니터링 시스템은 휴대용 장치(리모콘)를 이용하여 사용자가 손쉽게 대기전력을 차단할 수 있다.지능형 콘센트는 대기전력을 저감시킬 뿐만 아니라 화재 방재 시스템에도 응용 가능할 것이다. 대기하는 전력을 차단 하는 장치는 지능형 콘센트와 대기전력 차단 스위치를 포함하므로 누전과 화재를 방지할 것이다.

• 무역상무연구
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• 제58권
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• pp.179-213
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• 2013

While a performance type guarantee is required as a security for non-performance risk by a seller, a payment guarantee is used as a security for non-payment risk by a buyer(or a borrower in a loan agreement). A payment guarantee is a type of independent bank guarantee, bank guarantee, bond, demand guarantee, or standby letter of credit. A guarantor accepts a credit risk of a principal which is normally a buyer in a contract for sale of goods. A payment guarantee is independent of the underlying relationship between the applicant and the beneficiary. The guarantor is only empowered to examine the beneficiary's demand and determine the payment on its face to the terms of the guarantee. A payment guarantee is thus different from a suretyship. The principle of independence carries a significant advantages for a guarantor as well as for a beneficiary. While a documentary credit requires B/L, commercial invoice, packing list, inspection certificate, etc., a typical payment guarantee does not require any evidence for a seller's performance of the underlying contract other than written demand. In this respect payment guarnatee can be a more secured facility than a documentary credit. A payment guarantee normally comes into force from the issuing date and shall remain in effect until all sums guaranteed shall be paid in full by a buyer(or a borrower) or by a guarantor. Although a guarantor shall pay a demand made in accordance with the terms and conditions of the payment guarantee, a payment demand may be denied when it is determined to be abusive or unfair.

• 무역상무연구
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• 제50권
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• pp.3-25
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• 2011

The purpose of this paper is to examine the use of LD Clause against the seller's breach of contract in connection with delivering the goods in the international sales contract, and international guarantee system using standby L/C or demand guarantee. For this purpose, the author, first, considered the outline of the buyer's remedies in cases that the seller had not performed his obligations in contract and the difficulties in the buyer's remedies. As alternatives for overcoming the difficulties, this author recommended the LD Clauses (Liquidated Damage Clauses) based on ICC Model International Sales Contract, and explained each Model Clause. To enhance the feasibility of LD Clause, this author suggested the guarantee system, like the standby L/C or demand guarantee. But these guarantee systems have several limitations in practical use. Thus, these guarantee systems would greatly contribute to Korean exportation in the future. The reason is that the Korean export structure would be more complex and the period of sales contract would be longer and longer, which result to in long-terms supply contracts. These changes would require the guarantee much urgently.

• 디지털융복합연구
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• 제19권5호
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• pp.93-103
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• 2021

교통약자의 이동편의 증진을 위해 도입된 특별교통수단은 2016년 법적 기준대수 충족 등 양적인 발전을 이루었으나, 대기시간의 50% 이상이 30분을 초과하는 등 질적인 측면에서 발전이 부족한 실정이다. 이에 본 연구에서는 특별교통수단의 운영 효율화를 위하여 대구광역시 특별교통수단 승하차 이력 자료 중 대기시간이 상위 25%에 해당하는 장기대기통행을 추출하여 공간자기상관 분석과 사회 연결망 분석을 수행하였다. 분석 결과 특별교통수단 이용자들의 평균 대기시간과 공간과의 상관관계는 높은 것으로 나타났으며, 일부 도서산간 지역에서 개선지역을 도출하였다. 내향연결 중심성 분석 결과 첨두시간대는 종합병원, 복지관 방문이 주를 이루는 반면, 비첨두시간대는 터미널/역사, 주거지 인근의 의원 방문의 장기대기수요가 높게 나타났다. 외향 연결 중심성 분석은 첨두시간대와 비첨두시간대 모두 주거지 기반의 수요가 높게 나타났다. 본 연구의 결과는 특별교통수단 운영의 질적 개선과 교통약자 이동권 개선에 기여할 것으로 판단되며, 연구의 학술적 함의와 한계점 또한 제시하였다.

• 한국진공학회:학술대회논문집
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• 한국진공학회 2015년도 제49회 하계 정기학술대회 초록집
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• pp.104-104
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• 2015

Due to the demand of the cold neutron flux in the neutron science and beam utilization technology, the cold neutron source (CNS) has been constructed and operating in the nuclear research reactor all over the world. The majority of the heat load removal scheme in the CNS is two-phase thermosiphon using the liquid hydrogen as a moderator. The CNS moderates thermal neutrons through a cryogenic moderator, liquid hydrogen, into cold neutrons with the generation of the nuclear heat load. The liquid hydrogen in a moderator cell is evaporated for the removal of the generated heat load from the neutron moderation and flows upward into a heat exchanger, where the hydrogen gas is liquefied by the cryogenic helium gas supplied from a helium refrigeration system. The liquefied hydrogen flows down to the moderator cell. To keep the required liquid hydrogen stable in the moderator cell, the CNS consists of an in-pool assembly (IPA) connected with the hydrogen system to handle the required hydrogen gas, the vacuum system to create the thermal insulation, and the helium refrigeration system to provide the cooling capacity. If one of systems is running out of order, the operating research reactor shall be tripped because the integrity of the CNS-IPA is not secured under the full power operation of the reactor. To prevent unscheduled reactor shutdown during a long time because the research reactor has been operating with the multi-purposes, the introduction of the standby cooling system (STS) can be a solution. In this presentation, the design considerations are considered how to design the STS satisfied with the following objectives: (a) to keep the moderator cell less than 350 K during the full power operation of the reactor under loss of the vacuum, loss of the cooling power, loss of common electrical power, or loss of instrument air cases; (b) to circulate smoothly helium gas in the STS circulation loop; (c) to re-start-up the reactor within 1 hour after its trip to avoid the Xenon build-up because more than certain concentration of Xenon makes that the reactor cannot start-up again; (d) to minimize the possibility of the hydrogen-oxygen reaction in the hydrogen boundary.

• 무역상무연구
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• 제17권
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• pp.7-35
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• 2002

In many international financing transactions Korean companies are required to issue a guarantee. Thus far, however, legal issues on international guarantees have not been fully discussed in Korea. This is partly because most of the international guarantees are governed by a foreign law such as English law or the laws of the State of New York. In this articles the author examines major concepts or terms and conditions of a typical international guarantee, e.g., language on consideration, primary obligor, joint and several guarantee, unconditional and irrevocable guarantee, continuing guarantee, right of subrogation, representations and warranties, covenant or undertaking, currency indemnity, assignment, participation, governing law and jurisdiction clause, etc. For reference, standard forms of a guarantee and a standby letter of credit are attached to the article. In examining the terms and conditions, the author compares them with similar or equivalent concepts under Korean law. The author further discusses some Korean law issues that may arise under international guarantees governed by a foreign law. These issues include the application of the ultra vires doctrine under Article 34 of the Civil Code of Korea, the validity of an international guarantee which a Korean company has issued in violation of the guarantee ceiling set under Article 10 of the Law on Monopoly Regulation and Fair Trade of Korea and the validity of an international guarantee which a Korean party has issued in violation of the Foreign Exchange Transaction Law. In addition, the author discusses some issues under a so-called independent guarantee and a standby letter of credit. In this regard, reference is made to the Uniform Rules for Demand Guarantee (URDG), International Standby Practices (ISP98) and the Convention on Independent Guarantees and Stand-by Letters of Credit adopted by the United Nations in 1995. Finally, the author examines major terms and conditions of typical comfort letters and discusses some legal issues, such as the binding force of the comfort letter. In dealing with the issues the author underscores that to the extent the issues are not properly dealt with by an international norm such as Uniform Customs and Practice for Documentary Credits or ISP 98, the issues must be analyzed by reference to the governing law of the relevant instrument.