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Article

Sang Man Kim

The purpose of this paper is to review characteristics and functions of an advance payment guarantee (AP-Bond), and to analyse some legal and practical issues concerning a…

Abstract

Purpose

The purpose of this paper is to review characteristics and functions of an advance payment guarantee (AP-Bond), and to analyse some legal and practical issues concerning a “reduction clause” in an AP-Bond under an overseas construction contract.

Design/methodology/approach

This paper compares relevant provisions of the URDG 758, the UN Convention, the ISP 98, and the FIDIC Silver Book, and also cites relevant case laws of the USA, UK and Korea. This paper also refers many Korean scholars’ views on characteristics of an independent guarantee including an AP-Bond.

Findings

A demand for payment under an AP-Bond shall not be honoured in the event that an employer wrongfully refuses to issue documents required for reduction of an AP-Bond. A beneficiary shall not be favoured by independence nature of an AP-Bond in case of fraud or abuse of right.

Originality/value

This paper originally analyzes a “reduction clause” in an AP-Bond. This paper provides logics that a demand for payment shall not be honoured in the event that a beneficiary wrongfully refuses to issue documents required for reduction of an AP-Bond.

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Article

Sang Man Kim and Jongho Kim

The purpose of this paper is to review the use of zeroing in the weighted average-to-transaction (W-T) comparison methodology and targeted dumping under the anti-dumping…

Abstract

Purpose

The purpose of this paper is to review the use of zeroing in the weighted average-to-transaction (W-T) comparison methodology and targeted dumping under the anti-dumping agreement by reviewing the WTO appellate body’s rulings on the use of zeroing in the W-T comparison methodology in the USA – anti-dumping measures on large residential washers from Korea (DS464). Although the appellate body has ruled that the use of zeroing would not be allowed in the weighted-average-to-weighted-average comparison methodology nor in the transaction-to-transaction comparison methodology, it has not ruled on whether the use of zeroing is allowed in the W-T comparison methodology prior to the instant case.

Design/methodology/approach

This paper mainly analyzes the WTO appellate body report on the USA – anti-dumping and countervailing measures on large residential washers from Korea’s rulings (DS464) and reviews other WTO appellate body reports on the use of zeroing in anti-dumping measures. This paper reviews the relevant provisions of the WTO anti-dumping agreement and the US Anti-Dumping Act, and also referred prior papers on the use of zeroing.

Findings

The appellate body upheld the panel’s finding that the USA’s use of zeroing in the W-T comparison methodology is inconsistent with Article 2.4.2 of the anti-dumping agreement. As zeroing inflates dumping margins, increases the amount of duty collected, and hinders the expansion of trade in goods. The use of zeroing should be prohibited or permitted only in very limited circumstances.

Social implications

Zeroing, which has been the subject of many WTO disputes between the USA and foreign governments, causes dumped sales to be masked by fair value. The WTO appellate body has consistently condemned the US practice of zeroing over the past decade as an unfair commerce practice. The instant case and this paper will help to stop the practice of zeroing in anti-dumping measures.

Originality/value

The text of Article 2.4.2 does not clearly prohibit the use of zeroing. The paper reviews the WTO appellate body’s rulings on the use of zeroing in the W-T comparison methodology in the USA – anti-dumping measures on large residential washers from Korea (DS464). The appellate body report was very recently circulated, on September 9, 2016. The appellate body has not ruled on whether the use of zeroing is allowed in the W-T comparison methodology prior to the instant case. This paper, first, concludes that the W-T comparison methodology is inconsistent with Article 2.4.2 of the anti-dumping agreement.

Details

Journal of Korea Trade, vol. 21 no. 2
Type: Research Article
ISSN: 1229-828X

Keywords

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Article

Sang Man Kim

North Korea joined the United Nations Convention on Contracts for the International Sale of Goods (CISG) as a 90th member on March 27, 2019, which will necessitate the…

Abstract

Purpose

North Korea joined the United Nations Convention on Contracts for the International Sale of Goods (CISG) as a 90th member on March 27, 2019, which will necessitate the understanding of North Korean laws, in particular, the contract law for sale. This paper aims to compare the CISG and the North Korean contract law as to the formation of a contract focusing on form and writing requirement, offer and acceptance.

Design/methodology/approach

This paper analyzes the provisions of the North Korean Civil Code and the CISG and reviews the previous research studies concerning the formation of a contract.

Findings

The CISG and the North Korean Civil Code are very similar in many aspects as to the formation of a contract. However, there are some discrepancies as to the formation of a contract to which the parties need to pay attention in choosing the governing law.

Practical implications

The parties need to pay attention to the differences concerning the formation of a contract between the North Korean Civil Code and the CISG in concluding a contract for sale with North Korea.

Originality/value

This paper will be the first research work, to the best of the author’s knowledge, on the comparison of the CISG and the North Korean contract law as to the formation of a contract.

Details

Journal of International Trade Law and Policy, vol. 19 no. 1
Type: Research Article
ISSN: 1477-0024

Keywords

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Abstract

Details

Chinese Social Media
Type: Book
ISBN: 978-1-83909-136-0

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Article

Eun Jung Ko and Sang Soo Kim

The purpose of this paper is to investigate gender differences in motivations to use flexible work arrangements (FWAs) in Korea.

Abstract

Purpose

The purpose of this paper is to investigate gender differences in motivations to use flexible work arrangements (FWAs) in Korea.

Design/methodology/approach

Based on a literature review on theory of planned behaviour (TPB), this study considers four motivational factors that influence the intention to use FWA: motivation for personal life, motivation for productivity, peer behaviour and concerns about career disadvantages. Survey response data drawn from 92 male and 105 female Korean workers were used to analyse differences by gender.

Findings

As for the male respondents, all four motivational factors have a significant effect on the intention to use FWA. However, in the female respondents, the effects of concerns about career disadvantages on the intention to use FWA are not significant. The results of gender differences analysis show that significant difference was not found in the effect of motivation for personal life on the intention to use FWA while the other three motivational factors have significant differences by gender.

Research limitations/implications

In this research, basing its conceptual background on TPB, a novel approach is taken by introducing motivational factors as the antecedents of intention to use FWA. This is a more systematic view on individuals’ behavioural mechanism relating to the intention to choose FWA. It is also meaningful in that this study looks at the intention to use FWA from a broader perspective by suggesting gender differences as critical analysis criteria given the uniqueness of Korean labour market.

Practical implications

For an effective operation of FWA, it is important not only to launch a flexible working programme itself, but also to ensure that the users are properly understood and fairly evaluated.

Originality/value

Considering the motivations of utilising FWA from various angles will contribute to coming up with various measures to raise the use and effectiveness of FWA.

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Book part

Charles W. Mueller and Sang-Wook Kim

The paradox of the contented female worker refers to the fact that women are generally disadvantaged (fewer material rewards) in the workplace relative to men, but are…

Abstract

The paradox of the contented female worker refers to the fact that women are generally disadvantaged (fewer material rewards) in the workplace relative to men, but are just as satisfied with their jobs as men. We review various arguments offered to explain the paradox with special attention given to justice-based explanations. Data collected from 30 countries as part of the 2005 ISSP are examined and show that the paradox is essentially a universal, worldwide phenomenon.

Details

Justice
Type: Book
ISBN: 978-1-84855-104-6

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Article

Tae Wan Kim

The purpose of this paper is to examine regional voting patterns in South Korea using the results from six presidential elections since the 1990s.

Abstract

Purpose

The purpose of this paper is to examine regional voting patterns in South Korea using the results from six presidential elections since the 1990s.

Design/methodology/approach

A χ2 test was used to determine the municipalities where a regional voting pattern emerged, and λ correlation coefficients were calculated to examine changes in the regional voting patterns.

Findings

The analyses lead to three key findings. First, voting patterns differ in Yeongnam and Honam: regional voting in Yeongnam is getting weaker, it remains strong in Honam. Second, the tendency to vote along regional lines decreased significantly in the election in which the Honam party fielded a candidate with a Yeongnam appeared identity. Third, regional voting patterns declined but then stabilized at a constant level, regardless of the candidates’ local identity, which was confirmed in “Bu-Ul-Gyeong.”

Originality/value

This paper can empirically verify the manifestation of regional voting pattern and confirm the trend. It is possible to derive a condition for suppressing the regional voting pattern.

Details

Asian Education and Development Studies, vol. 8 no. 3
Type: Research Article
ISSN: 2046-3162

Keywords

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Article

Hayfaa Tlaiss

Few studies examine the career success of women in the Arab Middle East. With that in mind, the purpose of this paper is to explore the conceptualizations of the career…

Abstract

Purpose

Few studies examine the career success of women in the Arab Middle East. With that in mind, the purpose of this paper is to explore the conceptualizations of the career success of women managers in Lebanon. Drawing on the individual, behavioral, and structural approaches, this study also investigates the women’s approaches to career success. Capitalizing on the institutional theory (IT), the current investigation accounts for the complexity of the local context by illustrating how a diverse set of socio-cultural values and norms, institutional constraints, and individual agency impact the overall experience of career success among Arab women.

Design/methodology/approach

This study is exploratory in nature and draws on a qualitative approach. In-depth, face-to-face, open-ended interviews were conducted with women managers across the managerial hierarchy in a wide range of industries, sectors, and organizations.

Findings

The findings suggest that the Lebanese women managers’ career success was not conceptualized exclusively using the objective or the subjective measures. Rather, it was conceptualized on a continuum between these measures, thus challenging the rigid objective/subjective dichotomy in the context of Lebanon. The results also suggest that the career success of these women managers is better predicted and explained by the individual and behavioral approaches than by the traditional, structural approach. This empirical work sheds light on the gendered working conditions that women experience and how they capitalize on their individual agency to survive the hegemonic masculinity embedded in their workplaces, along with the inequalities that it promotes.

Originality/value

This study is the first to explore the conceptualizations and the determinants of the career success of women managers in Lebanon. However, the originality of this paper is not only limited to its contribution to the limited research on the careers of Arab women; it also extends to its usage of various approaches to predict career success as well as to adapt IT as a theoretical framework for capturing the myriad of factors that impact women’s careers and success. The originality of this study also lies in advancing the theoretical concept of hegemonic masculinity into studies looking at Arab women’s career experiences by shedding some light on how the reproduction of gender, gendered working practices, and agency impact their career success.

Details

Employee Relations, vol. 37 no. 5
Type: Research Article
ISSN: 0142-5455

Keywords

Abstract

Details

Organized Labor and Civil Society for Multiculturalism: A Solidarity Success Story from South Korea
Type: Book
ISBN: 978-1-83982-388-6

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Article

Sangphill Kim, Lowell Alahassane Diallo and Lawrence Klein

Outlines previous research on compensation schemes in situations of uncertainty and explores the effects of three different plans on managers’ output decisions. Discusses…

Abstract

Outlines previous research on compensation schemes in situations of uncertainty and explores the effects of three different plans on managers’ output decisions. Discusses the role of flat salary, profit share, actual shares and share options in increasing goal congruity between the manager and the company, develops a mathematical model and applies it to three compensation schemes. Presents the results, which suggest that a basic profit sharing structure is best when the covariance factor between product price and firm valuation is negative; and the inclusion of stock options is best when the factor is positive.

Details

Managerial Finance, vol. 25 no. 9
Type: Research Article
ISSN: 0307-4358

Keywords

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