• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.39
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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.

• Proceedings of the Korean Operations and Management Science Society Conference
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• 2007.11a
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• pp.341-356
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• 2007

We study factors that affect consumers' switching behaviors among service providers in Korean mobile telecommunications service market. For empirical analysis, quarterly time series data from the first quarter of 2004 through the second quarter of 2007 were used. We chose the number of switchers to each mobile service provider in each quarter as dependent variables. Independent variables include acquisition costs per subscriber, which play the role of subsidy to mobile handset, switching costs, time trend, structural change effect, and standby demand effects. Through the empirical analysis, we found that different providers' churn-in customers are affected by different factors. Specifically, the number of chum-in customers into SK Telecom is explained mainly by SK Telecom's customer acquisition costs and standby demand from KTF, while the number of customers switching into KTF is better explained by switching costs from the previous service provider and standby demand from SK Telecom. Those who chose LG Telecom as their new provider, on the other hand, were mainly attracted by LG Telecom's high subscriber acquisition cost.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.26
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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.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.23 no.2
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• pp.169-174
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• 2023

Currently, overall power usage is also increasing as power demand such as homes, offices, and factories increases. The increase in power use also raised interest in standby power as a change in awareness of energy saving appeared. Home and office devices are consuming power even in standby conditions. Accordingly, there is a growing need to reduce standby power, and it aims to have standby power of 1W or less. An intelligent outlet uses a near-field wireless network to connect to a home network and cut or reduce standby power of a lamp or appliance connected to an outlet. This research aims to develop a monitoring system and an intelligent outlet that can remotely monitor the amount of electricity used in a lighting lamp or a home appliance connected to an outlet using a short-range wireless network (Zigbee). Also, The intelligent outlet and monitoring system developed makes it possible for a user to easily cut off standby power by using a portable device. Intelligent outlets will not only reduce standby power but also be applicable to fire prevention systems. Devices that cut off standby power include intelligent outlets and standby power cutoff switches, so they will prevent short circuits and fires.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.58
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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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.50
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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.

• Journal of Digital Convergence
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• v.19 no.5
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• pp.93-103
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• 2021

The special means of transportation introduced to improve the mobility of the transportation vulnerable met the number of legal standards in 2016, but lack of development in terms of quality, such as the existence of long waiting times. In order to streamline the operation of special means of transportation, long-term standby traffic, which is the top 25% of the wait time, was extracted from the Daegu Metropolitan Government's special transportation history data, and spatial autocorrelation analysis and social network analysis were conducted. As a result of the analysis, the correlation between the average waiting time of special transportation users and the space was high. As a result of the analysis of internal degree centrality, the peak time zone is mainly visited by general hospitals, while the off-peak time zone shows high long-term waiting demand for visits by lawmakers. The analysis of external degree centrality showed that residential-based traffic demand was high in both peak and off-peak hours. The results of this study are considered to contribute to the improvement of the quality of the operation of special transportation means, and the academic implications and limitations of the study are also presented.

• Proceedings of the Korean Vacuum Society Conference
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• 2015.08a
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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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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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.