디자인경영의 유형별 전략모델에 관한 연구

이해묵,황세민,김규진 경기대학교 부설 산업디자인연구소 2010 조형논총 Vol.- No.7

4종의 식품 부패 미생물에 대한 국내산 자생 식물 열매 추출물의 항균성 탐색

권민경,이해은,박주연,한영숙 동아시아식생활학회 2003 동아시아식생활학회지 Vol.13 No.5

To select new useful domestic plants with antimicrobial activities, thirty five samples of berry plant were distributed from Plant Diversity Research Center in Korea Research Institute of Bioscience and Biotechnolog. Their extracts with methanol were tested against Escherichia coli, Salmonella typhimurium, Staphylococcus aureus, Listeria monocytogenes by paper disc method. The methanol extracts from Viburnum dilatatum, Viburnum erosum, Aralia continentalis, Camellia japonica, Acer trumcatam, Arasaema takesimense and Rhysocarpus intermedius were effective against S. aureus and the results were as follows: Viburnum erosum 6.5 ㎜, Viburnum dilatatum and Aralia continentalis 7.0 ㎜, Rhysocarpus intermedius 8.0 ㎜, Acer to mcatum 9.0 ㎜, Camellia japonica and Arisaema takesimense 9.5 ㎜ And only the methanol extract from Camellia japonica was effective against L. monocytogenes, 7.0 ㎜. Antimicrobial activities of E. coli and S. typhymurium were not detected. The minimum inhibitory concentration(NIC) of berry of Camellia japonica was examined as 1,250 ㎍/mL against S. aureus and as 1,250 ~ 2,500 ㎍/mL against L. monocytogenes.

讓渡可能信用狀의 去來實行에 관한 硏究

柳海民 釜山 外國語 大學校 1995 外大論叢 Vol.13 No.1

The purpose of this study is to analyze the transfer letter of credit on the basis of theoretical, legal and international commercial aspect, and to examine general principles of the transferable letter of credit and the rights and responsibilites of the concerned parties. The transfer of the credit is available when beneficiary, in a position of a middleman, purchases goods from domestic supplier and the credit can not be transfered in principle and therefore the transfer of the credit is a specific way of transaction. The right given to the beneficiary is the one to make an order of the transfer, not the one of the transfer itself and the beneficiary can exercise the right to make an order of the transfer. The authorized banks to transfer the credit can be opening bank, paying bank, confirming bank, nominated bank. The transferring bank is authorized to transfer the credit on the basis of the word "transferable" on the credit and also when the first beneficiary requests them to transfer a credit. In spite of the request of the 1st beneficiary, The bank will transfer, a credit only when they are in a position to rely on the issuing bank and 1st beneficiary pays the relative transferring charges. Therefore it is very important for the seller to select the buyer, but to select a issuing bank is more important. There is a possibility that such a "transfer-back" of a transferable letter of credit will be considered as retransfer in accordance with applicable law in every country. We have to understand the transfer of credit by its special character,not by the law and the U.C.P. will play a great role in transferring a credit and therefore the concerned parties should know it. International customs of the transfer of a credit and its legal aspect must be studied futhermore. When a bank transfer a credit, they should reconize how to transfer in advance, ignoring contents of relative sales contract and contractural relations between the buyer and the seller. The bank also must know their responsibilities and duties under a credit.

美國 新海運法의 問題點에 관한 考察

柳海民,朴明燮 釜山外國語大學校貿易經營硏究所 1987 貿易經營論集 Vol.2 No.-

Since early 1984, liner shippig firms worldwide have worked themselves into a state of mass hysteria. ready to drop already depressed rates still lower in the name of market share. It's major cause is the enactment of the new law, which took effect on June 18, 1984. The new shipping Act was meant as a step toward deregulation, a direction the U.S. has taken gradually over the last seven or eight year. By the application of the new shipping Act, it became impossible for the shipping firms to make use of the loyalty contract or the dual rate system. And if the firms satisfy the requirement, the individual rate system such as independent action, time volume rate and service contract can be introduced. Therefore the current rate war fought among liner operators has been accelerated by the new law. In this paper the author attempts to examine the history of American shiqqing Acts, the enactment background of the new ahipping act and its problems to understand the shipping environment fully. The problems which are persented in the paper are as follows: 1) Exemption from antirust laws 2) Combined transportation 3) Shipper's association 4) The protection of the American shipping firms in the cross trade 5) Independent action 6) Time volume rate 7) Service contradt 8) The probibition of dual rate system

國際貿易의 推尋去來에 관한 一般的 硏究

柳海民 부산 외국어 대학교 1987 外大論叢 Vol.5 No.1

This paper is directed mainly to those practical aspects of the collection in international trade. Sales of merchandise generally are made on the basis of one of the following methods of payment: 1. cash in advance 2. cash on delivery 3. open account 4. collection such as document against payment (D/P) and document against acceptance(D/A) 5. letter of credit 6. deferred payment Each of above methods has its respective characteristics. Generally when the credit standing of the buyer is unknown or uncertain, and risk to the seller is greatest, the cash in advance method is desirable. On the other hand, when little or no risk to the seller is involved, export sales are likely to be made on the open account basis. Between these two extremes, payment is likely to be handled on the basis of either letters of credit or collection used by drafts. An export draft is an unconditional order drawn by the seller-on the buyer instructing him to pay the amount of draft either on presentation (sight draft) or at an agreed future date(time draft). Time drafts usually specify payment 30, 60, 90, 120, or 180 days after sight (after the date of acceptance) or after date (after the date of draft). Under collection arrangement, the seller instructs his bank to make arrangementes, normally through a bank in the buyer's country, to collect payment from the buyer on a bill of exchange drawn on him by the seller. The bill of exchange may be sent to the bank accompanied by the documents relating to the goods, which the bank will hand to the buyer when he pays on the bill of exchamge. Under the normal arrangement, the seller's bank (the remitting bank) will be an agent of the seller for the collection of the price and the correspondent bank in the buyer's country will be an agent of the remitting bank. There will no privity of contract between the seller and the correspondence bank. The advantages and risk to the seller when the collection basis is used are as follows; The seller has the possession of enforceable debt instrument, low cost and competitive terms, and can have bank assistance in obtaining payment and financing option. On the other hand, ① the buyer may not accept the shipment, ② documents may be released to the buyer before payment or acceptance of the draft, ③ the buyer may default on the trade acceptance at maturity, ④ sovereign action of the importing country may delay or block payment, ⑤ payment may be delayed due to unavailability of foreign exchange in importiny country, ⑥ exchange rate fluctuations may reduce the value of the funds collected, and the transaction may not be completed or may be delayed due to failure to comply with documentary requirements of the importing country.

國際貿易의 C.I.F.條件去來에 관한 硏究

柳海民 부산외국어대학 1985 논문집 Vol.3 No.-

The purpose of this study is to analyze the significance of C.I.F. trade term through Incoterms(1980) and other international trade rules to prevent the disputes between parties to the contract caused by their misunderstanding what C.I.F. trade term defines in the international trade. To do this analysis, I pursued the historical evolution of this term and compared each international trade rule with others to find that when parties under C.I.F. trade term must bear expenses, risks, and delivery of the goods and when the ownership of the goods is transferred to the buyer, and by whom and when the insurance for the goods is taken out. Comparing trade rules, I hereby present my personal opinions on this term as a conclusion; The ownership of the goods is transferred to the buyer at the time of the seller's tendering relative shipping documents to him. However, the buyer must bear all risks of the goods when they shall have effectively passed the ship's rail at the port of shipment. Namely, the ownership and risk of the goods are transferred to the buyer at the different time. The seller pays all expenses accompanied by export activity, and procures a policy of marine insurance against the risks of the carriage and tenders it with other shipping documents to the buyer. The buyer must bear all risks and expenses of the goods occurred for his import activity.

신용장계약의 불이행에 관한 고찰

류해민 부산 외국어 대학교 2002 外大論叢 Vol.25-2 No.-

Due to the increase of use of letters of credit in trade, non-performance of concerned parties of letters of credit and relatives disputes have been increasing gradually. To settle and defense these disputes reasonably, it is necessary to clarify the types, the effects and the legal nature of non-performance of Concerned parties of letters of credit. For this purpose, this paper examined the meaning and characteristics of non-performance of concerned parties under letters of credit transaction, compared the types of non-performance of letters of credit with those of general contract law, analyzed principal types of non-performance of letters of credit transaction, and tried to present some problems to disputes and countermeasures on non-performance of letters of credit transaction from the results of this analysis.

信用狀 條件과 書類의 一致性 基準에 관한 硏究

柳海民 釜山外國語大學校 1999 外大論叢 Vol.19 No.5

The letter of credit transaction is on the basis of the documents only and the payment under letter of credit should be made only when the documents required under letter of credit are submitted and they are complied with the terms of credits. Therefore, the examination on the compliance of documents is very important to the relative banks and the traders. However, the Uniform Customs and Practice for Documentary Credits(UCP) had not provided for any clauses of the compliance standard until the 5th revision of Uniform Customs and Practice for Documentary Credits provides for "International Standard Banking Practice" as the standard. This study is designed to clarify under the UCP and UCC the compliance standard of documents which the letter of credits requiuires. Traditionally two principles as the standard have been applied to the compliance standard. One is doctrine of strict compliance, the other is doctrine of substantial compliance. The new UCP provided for ISBP as the standard and the new UCC provided for standard practice of financial institutions. UCP respects that the compliance standard of documents should be on the basis of documentary context and both doctrine of strict compliance and substantial compliance, but UCC supports expressly doctrine of strict compliance only. UCP stress banking experts come to decide ISBP, but UCC trust final decisions to the standard practice to the court.

신용장거래에 있어서 환어음의 거래관행

류해민 부산 외국어 대학교 2000 外大論叢 Vol.21 No.1

The main topics covered by the thesis are; (i) the usage of bill of exchange in the trade and under letter of credit and also the relative clause of UCP 500 (ii) legal concept and the function of bill of exchange in the trade Especially definition of letter of credit and liability of opening bank and confirming bank under payment undertaking of sight payment, deferred payment, acceptance and negotiation are considered in detail. There are some confusing clauses in UCP 500 relative authorized payment under sight payment and deferred payment letter of credit, expression of negotiation, payer of negotiation letter of credit, bill of exchange as an additional document, definition of value, document acceptance of nominated bank and specific presentation period of bill of exchange to opening bank when the drawee bank unaccepted. Next revision of UCP should consider these aspects.

화환어음의 추심거래 관행과 법리

류해민 부산외국어대학교 국제통상연구소 2000 國際經營論集 Vol.15 No.-

The main topics covered by this thesis are; (i) the practice of international trade and payment, and the collection of documentary bills of exchange which are the source in letter of credit, D/P(documents against payment), and D/A(documents against acceptance): the functions of documentary bills of exchange, especially in respect of collection. (ii) a brief and general examination on the legal definition on the basis of International Chamber of Commerce(ICC), Uniform Rules for Collection(URC), and the flow of collection, the object and historical development, and the adoption of URC as a governing law (iii) detailed consideration of legal aspects of bills of exchange and documentary bill of exchange; legal relations between concerned parties of clean collection and documentary collection. (iv) some aspects of the exporter's bank as agent for collection(remitting bank discounting bank and also negotiating bank of documentary bills of exchange: and legal problems and positions of discounting bank, or negotiating bank which gives finance to the exporter. Payment terms of sales contract shall be provided by mutual agreement of the buyer and the seller in the contract sheet. According to Sale of Goods, 1979, the seller must supply the buyer with the goods with conformity with the contract and the buyer take delivery of the goods and pay the price. The delivery and payment requires to be made at the same time on general principles. There are various kinds of payment methods such as cash in advance, cash on delivery, simple remittance, open account, letter of credit, and collection. Each payment method has its respective characteristics. When the credit standing of the buyer is unknown or uncertain, cash in advance is desirable. When little or no risk to the seller is involved, export sale is like to be made on the open account basis. Between these two extremes, payment is likely to be handled on the basis of either letter of credit or collection to be using by documentary drafts. The collection basis is being rapidly increased through influence of credit business, development of export insurance, and so on. Under collection method, the seller instructs his bank to make arrangement, normally through a bank in the buyer's country, to collect payment from the buyer on a bill of exchange drawn on him by the seller. The bill of exchange may be sent to the bank accompanied by the documents relating to the goods, which the bank will hand to the buyer when he pays on the bill of exchange. Under the normal arrangement, the remitting bank will be an agent of the seller for the collection of the price and the correspondent bank in the buyer's country will be an agent of the remitting bank. There will thus be no privity of contract between the seller and the correspondence bank. The advantages and risks to the seller when the collection basis is used are as follow : The seller has the possession of enforceable debt instalment, low cost and competitive terms, and can have bank assistance in obtaining payment and financing option On the other hand, the buyer may not accept the shipment, documents may be released to the buyer before payment or acceptance of the draft, the buyer may default on the trade acceptance at maturity, sovereign action of the importing country may delay or block payment, payment may be delayed due to unavailability of foreign exchange in importing county, exchange rate fluctuations may reduce the value of the funds collected, and the transaction may not be completed or may be delayed due to the failure to comply with documentary requirements of the importing country.