• Korea Trade Review
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• v.43 no.4
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• pp.27-50
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• 2018

This study focuses on the judgement of Seoul High Court' regarding the formation and performance of contracts applying the CISG. The purpose of this study is to provide legal understanding to contracting parties involved in contract for the international sale of goods that can be considered in raising the understanding of the CISG within the scope of the subject. This study aimed at the legal validity of judgments, the defects in reason for judgments and legal standards that could be established. The main contribution of this study is summarizing the facts of judgments and arguments of the parties and furthermore, in accordance with the order, the judgment order of the court and the decision criteria of the application law, the CISG articles comment and interpretation on the formation of the contract, legal bases of fundamental breach of contract, termination of contract, concurrent fulfillment and other supplementary matters and so on.

• Journal of Arbitration Studies
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• v.32 no.4
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• pp.33-51
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• 2022

According to the CISG, there are no special regulations for a reasonable period of time among the obligations to notify the contractual suitability of the goods. As a result, many disputes arise in 'notification within a reasonable period' despite being the most important treaty in practice in defining the obligation to notify nonconformities according to the suitability of goods for each case. Regarding the interpretation of Article 39 of the CISG, various judgments and arbitration decisions are being made in each country for a reasonable period to notify that the goods are not suitable for the contract.There are criticisms that these various views are too harsh on the buyer in the buyer's obligation to notify.It is important to create a unified principle because courts or arbitration agencies of the Contracting States of this Convention interpret in various ways the reasonable period of violation of the contract of goods stipulated in the Convention. Since most of the international commodity trading transactions around the world are regulated by the CISG, it is necessary to analyze and interpret cases in which this Convention is applied in court or arbitral tribunal of each country to derive a unified principle.

• Journal of Arbitration Studies
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• v.5 no.1
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• pp.23-51
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• 1995

• 한국무역상무학회:학술대회논문집
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• 2003.06a
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• pp.19-46
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• 2003

• 방재와보험
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• s.146
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• pp.46-53
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• 2012

• LP가스
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• s.105
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• pp.7-10
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• 2006

• 방재와보험
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• s.90
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• pp.52-55
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• 2001

• The Journal of Korean Institute of Communications and Information Sciences
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• v.30 no.9B
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• pp.591-595
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• 2005

In this paper, we propose the fairness improvement leaky bucket (PILB) algorithm as a traffic policing mechanism. In the proposed algorithm, there is a cell buffer for every ATM connection in order to store date cells. Network decides whether an ATM connection obeys the contracted traffic parameter, and stores data cells in the cell buffer if the connection obeys but is considered as violated the contract due to temporary lack of network resource. By using the proposed algorithm, we can obtain the statistical multiplexing gain that is the superiority of packet switching network. Moreover, when a connection tries to transmit more data cells by violating the contracted traffic parameters, the connection is prevented from using excess network resource, which incurs all connections sharing network resource fairly. The performance of the proposed FILB algorithm is investigated by using the simulation. The result shows that the proposed algorithm provides superior performance and all connections within a group share network resource fairly. The proposed algorithm can be applied not only the ATM network but also IP network.

• 월간 기계설비
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• s.265
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• pp.36-37
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• 2012

기획재정부는 불공정하도급거래로 과징금을 부과받거나 하도급법을 상습적으로 위반한 자의 경우 공공공사 PQ입찰 시 최고 7점의 감점(종전 3점)을 부과하는 등 건설 하도급사 보호를 위해 계약예규를 개정했다. 이번 계약예규 개정은 대한설비건설협회가 건설산업 공생발전위원회와 동반성장위원회에 참여하면서 회원사의 권리보호를 위하여 건설공사 불공정하도급 거래 방지 제도개선을 지속적으로 추진한 결과이다.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.47-73
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• 2015

This study primarily concerns the fundamental breach of contract by a seller and a buyer's two remedies that are entitled to under the CISG. Regarding the breach of contract, the CISG simply provides a list of each party's obligations and regulates that both parties should fulfill the obligations under the contract as well as the Convention. When the CISG specifies the remedies for both parties, it requires to divide the fundamental breach of contract from breach of contract. By doing so, it provides different remedies to both parties depending on whether it is the fundamental breach of contract or not. From the point of buyer's view, the buyer has two remedies when there is the fundamental breach of contract by the seller; they are the right to declare the avoidance of contract and to require the delivery of substitute goods. The fundamental breach of contract is a pre-requisite condition to be fulfilled in order to exercise these two remedies. Although the CISG provides the definition of fundamental breach of contract, its meaning is not clear enough, so it is interpreted and applied case by case. Therefore, this paper will analyze recent cases focusing on the most debated issues regarding the interpretation of fundamental breach of contract; first, who determines the substantial deprivation and when is the time for determination, second, when is the time for unpredictability of substantial deprivation, and last, who has a burden of proof.