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1 – 10 of over 1000The 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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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…
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.
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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.
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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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Yonjoo Cho, Jieun You, Yuyeon Choi, Jiyoung Ha, Yoon Hee Kim, Jinsook Kim, Sang Hee Kang, Seunghee Lee, Romee Lee and Terri Kim
The purpose of this qualitative study is to explore how highly educated women respond to career chance events in a Korean context where traditional cultural values and…
Abstract
Purpose
The purpose of this qualitative study is to explore how highly educated women respond to career chance events in a Korean context where traditional cultural values and male-dominated organizational culture coexist.
Design/methodology/approach
The authors conducted 50 semi-structured interviews with highly educated women operationalized as women with doctoral degrees in and out of Korea. The authors used a collaborative research process with a team of ten Korean-born researchers who have built consensus on research themes through discussions on the collection and analysis of a large data set, thus reducing the researcher bias issue inherent in qualitative research.
Findings
In an analysis of the interview data collected, the authors report on three themes: before obtaining a doctoral degree, during and after their doctoral study and responses (coping strategies) to chance events in their careers. Highly educated women’s pursuing a doctoral degree was a way to maintain work–life balance in Korea where women are expected to take a primary caregiver role. After obtaining a doctoral degree, participants struggled with limited job opportunities in the male-dominated higher education. Women’s unplanned and unexpected chance events are intertwined with the male-dominated culture in Korea, and career interruptions as such a chance event, whether voluntary or involuntary, happened largely due to family reasons. In this context, highly educated women responded to chance events largely at individual and family levels and articulated the need for support at organizational and government levels.
Research limitations/implications
The study findings confirm the literature that women’s careers are limited by traditional family roles in non-Western countries where strong patriarchal culture is prevalent. Particularly, women’s career interruptions surfaced as a critical chance event that either disrupts or delays their careers largely because of family issues. Future research is called for to identify both individual and contextual factors that influence women’s decisions on voluntary and involuntary career interruptions as their responses to chance events.
Practical implications
Based on highly educated women’s coping strategies largely at individual and family levels, we suggest national human resource development policies put in place not to lose out on the opportunity to develop highly educated women with doctoral degrees as a quality workforce for a nation’s sustainable economic growth. Additionally, organizations need to be aligned with the government policies and programs for the provision of developmental programs for women in the workplace, beginning with highly educated women’s career planning, while creating organizational culture to promote gender equality as a long-term goal.
Originality/value
The participants’ voluntary career breaks helped them care for their children, be involved in their children’s education, reflect on work–life balance after having long hours of work for many years and move forward with personal satisfaction. Voluntary career breaks can be understood as highly educated women’s unique way of responding to chance events.
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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.
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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…
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.
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Hyo-Jeong Kim and Sang Man Han
This study aims to understand why consumers continue to visit physical stores despite the rise in mobile shopping and online channels. Mobile shopping has changed how consumers…
Abstract
Purpose
This study aims to understand why consumers continue to visit physical stores despite the rise in mobile shopping and online channels. Mobile shopping has changed how consumers shop, allowing them to easily switch between channels. However, physical stores continue to remain significant because some consumers still prefer them, challenging the belief that online markets always surpass offline markets. To serve their needs effectively, retailers must understand the motivations and behaviors of shoppers in both channels. Therefore, this study aims to explore why people cross the online channel to offline by examining their dissatisfaction with online shopping, using E-SERVQUAL variables.
Design/methodology/approach
This study uses a two-method approach that involves in-depth interviews to develop questions related to E-SERVQUAL variables and a survey to assess respondents’ likelihood of switching from online to offline. Data was collected from 203 participants.
Findings
The results indicate that dissatisfaction with the timeliness and condition of online shopping services is a significant factor driving consumers to switch to physical stores. This challenges the notion that online markets always surpass offline markets, emphasizing the continued significance of physical stores in the retail landscape.
Originality/value
This study recognizes the importance and relevance of physical stores in the retail environment while challenging the assumption that online markets always outperform brick-and-mortar markets. In terms of dissatisfaction and satisfaction, it is possible to identify under what circumstances dissatisfied consumers go from online to offline by considering the distribution channel migration phenomenon.
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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 the role…
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.
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Viput Ongsakul, Pornsit Jiraporn and Young Sang Kim
This study aims to investigate whether shareholders are convinced by earnings management. This study also explores how board gender diversity (the presence of female directors on…
Abstract
Purpose
This study aims to investigate whether shareholders are convinced by earnings management. This study also explores how board gender diversity (the presence of female directors on the board) may influence the extent to which shareholders are convinced by earnings management.
Design/methodology/approach
The authors estimate the stock market reactions to the September 11 terrorist attack using the standard event study methodology. The authors then run a cross-sectional analysis to investigate whether the market reactions are influenced by the extent of earnings management. Furthermore, the authors test how board gender diversity affects the degree to which earnings management influences the stock market reactions.
Findings
The study results show that the market reactions to the attack are substantially mitigated for firms that exercise more upward discretionary accruals, implying that earnings management is successful in convincing shareholders. Additional analysis corroborates the results, including propensity score matching, instrumental variable analysis and using Oster’s (2019) method for testing coefficient stability. Crucially, the authors find that board gender diversity helps shareholders see through earnings management better. The presence of female directors significantly weakens the extent to which shareholders are persuaded by earnings management.
Originality/value
This study is the first to explore the effect of earnings management on shareholder wealth using the September 11 terrorist attack. The research design is less vulnerable to endogeneity and is thus much more likely to show a causal effect of accounting accruals on shareholder wealth.
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