• The Korean Journal of Air & Space Law and Policy
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• v.31 no.1
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• pp.99-144
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• 2016

The summary of the case is as follows: a Korean passenger booked and purchased a business class ticket from Air France that was scheduled to depart from Paris and arrive in Seoul. When the passenger arrived at the check-in counter, he was told that all business class seats were occupied. It was because the flight was overbooked by Air France. The passenger cancelled the Air France flight and took another air carrier. After arriving in Korea, he brought suit against Air France for damages. The purpose of this article is to discuss the governing law when interpreting the contract of international air carriage in accordance with the Korean Private International Act (2001) and to analyze air carrier's civil liability for the bumped passenger in the overbooking case. If the parties have not chosen the applicable law the contract shall be governed by the law of the habitual residence of the consumer in the following situations: prior to the conclusion of the contract, the opposite party of the consumer conducted solicitation of transactions and other occupational or business activities by an advertisement in that country or conducted solicitation of transactions and other occupational or business activities by an advertisement into that country from the areas outside that country and the consumer took all the steps necessary for the conclusion of the contract in that country or in case the opposite party of the consumer received an order of the consumer in that country [Article 27 (1), (2) of the Private International Act]. Since the contract of international carriage falls into the consumer contract, the Supreme Court viewed that the governing law of the contract in this case would be the law of the habitual residence of the consumer (Supreme Court Decision 2013Da8410 decided on Aug. 28, 2014). This interpretation differs from the article 5 (4) of Rome Convention(80/934/EEC) which declares that the consumer contract article shall not apply to neither a contract of carriage nor a contract for the supply of services where the services are to be supplied to the consumer exclusively in a country other than that in which he has his habitual residence. Even though overbooking can be considered as a common industry practice, an air carrier must burden civil liability in case of breach of contract for the involuntary bumped passenger(Seoul Central District Court Decision 2014Na48391 decided on Jan. 29, 2015). In case of involuntary bumping, an air carrier must offer re-routing to passenger's final destination by an alternative flight. If an air carrier fails to effect performance in accordance with the tenor and purport of the obligation, the involuntary bumped passenger may claim damages(Article 390 of the Civil Code).

• The Magazine for Energy Service Companies
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• s.29
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• pp.48-61
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• 2004

최근 일본에서는 ESCO사업에 PFI법을 새로이 적용하고 있다. 성과배분제, 성과보증제에 이어 이 제도를 적용할 경우, 국가 및 공공기관을 대상으로 하는 ESCO사업의 확대 및 자금조달이 한층 유리해질 전망이다. 지난 99년 제정된 PFI(Private Finance Initiative)법(민간자금 등의 활용에 의한 공공시설 등의 정비 등의 촉진에 관한 법률)에 근거한 사업은 ''공공시설 등''에 있어서 건설, 유지관리 운영 등을 민간의 자금, 경영능력 및 기술적 능력을 활용하는 사업방법으로 사업 전체의 리스크관리가 효율적으로 행해지는 것과 설게$\cdot$시공$\cdot$유지관리$\cdot$운영의 전부 또는 일부를 일체적으로 취급하는 것에 의해 사업비용의 절감이 기대되며 질 높은 서비스의 제공이 가능한 제도이다. 이것과 매우 유사한 개념을 가지고 있는 것이 성과보증제에 의한 ESCO사업이다. 민간사업자인 ESCO사업자가 자금을 조달하고 에너지절약 개수공사에 따른 설계$\cdot$시공$\cdot$, 운전$\cdot$유지관리, 계측$\cdot$검증, 에너지절감 보증 등의 서비스를 제공하며, 광열수도비 및 운전$\cdot$유지관리비의 절감분으로 모든 투자와 ESCO사업자의 경비를 지불한다. 또 에너지절감 및 공공의 이익보증을 포함한 퍼포먼스계약이라고 하는 형태를 취하는 것으로 공공 이익의 최대화를 도모함과 동시에 금융기관의 투자 리스크에 관한 우려를 회피할 수도 있다. 또 PFI법 특유의 법제상, 재정상의 조치와 재정상 및 금융상의 지원이라는 배려에 있다. 예를 들면, 국고채무부담행위의 설정, 행정재산 사용료의 무상화 또는 감면, 프로젝트 파이낸싱 등에 의한 자금조달을 고려할 경우에 있어서 담보권의 설정 등에 관한 제도를 합리적으로 정비하는 것이 가능하게 된다. 그 내용의 대강을 살펴본다.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.46-53
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• 2002

Although Public Construction Works in Korea have been executed according to Government Contract Act, and nature of contract is very complicated. So it is difficult to define liability for the defects. Therefore the studies on the defective performance and contractor's defects liability were remained one of the non-cultivated virgin land. As a result, contract privy waive the right to claim or generally resolve the problems. Therefore domestic and overseas liability for the defects was investigated and liability for the defects, under and after construction, on the defective performance and defects, was analysed. With a literature research, contractor's defect liability was systematically analyzed, problems were defined and resolution of the problem were suggested item by item in this study.

• 사회경제평론
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• v.31 no.3
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• pp.55-92
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• 2018

Moon Jae-In government, which took power through the candlelight revolution, has put forward a "People First Economy". To realize this goal, the government promised to increase the growth rate of fiscal spending and the proportion of welfare spending compared to the conservative government in the past. This direction is desirable, but it does not meet the expectations of the progressive camp, which has hoped larger-scale welfare through active increased taxation. Above all, it would be hard to overcome the structural risks facing our economy through this policy. More bold fiscal policy is needed. For the time being, it is desirable to push for taxing on top-income households, corporations, and high-value assets, and to make sure that the tax levied on rental income is well established. If these tasks are well realized, it is necessary to move toward the next stage of welfare expansion and increased taxation.

• Journal of Cadastre & Land InformatiX
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• v.45 no.1
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• pp.75-97
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• 2015

Recently public institutions' debt is growing therefore it became an important issue to the level that the government concerns about the possibility of financial burden to reduce the debt. Especially debt of public enterprises in metropolitan areas was in a serious state where debt in late 2013 was 43.2 trillion, which takes approx. 58.4% of 73.9 trillion of debt of all local public enterprises. Sound financial state of local public enterprises is important to public enterprises in metropolitan areas and it may affect seriously financial stability of local governments when public enterprises have financial problems. However, land supply business to form local industrial complexes or local demand for development of public rental housing business always exist; and vitalizing local economy and creating jobs through these businesses are very necessary to develop the areas. However, for local economic development, industirial land business and public rental housing business are needed. In this study, Gwangju Metropolitan City Corporation Ltd is used as a case study to evaluate the local public financial soundness via debt management assessment i.e.(using) the feasibility analysis in the urban development and housing development. As an improvement measure following the result of analysis, for the enhancement of financial soundness of urban innovation corporation, the government and local government shall evaluate and differentiate market demand, price competitiveness, and infrastructure of new town land development project to improve accuracy of project feasibility analysis. Another important insight is that there should be local government-centered management of liabilities of the local government and local public enterprises with the integrated liability management system to reduce the liability of the corporation and solve the issue of debts for local government. This study is significant in that it has analyzed cases from the theoretical aspect to secure financial soundness of national and local public enterprises.

• Korean Journal of Construction Engineering and Management
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• v.21 no.4
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• pp.21-29
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• 2020

This study analyzed problems of operating performance bond for public works and derived some suggestions for improvement. The Contract Law for Government Owner requires to submit performance bond which guarantees performing the construction contractor pays back compensation money when the obligation is not executed. Currently, first bid eligibility for participation is exactly required for executing company of performance bond obligation, not considering volume, technical level, and special type of remaining works. In collaboration contract, if guarantee accident occurs, it is obliged for remaining collaboration contractors to be qualified to fulfill the whole contract. This study proposes following improvement plan to solve problems of current performance bone in public works. Firstly, qualification criteria must be deregulated exceptionally for selecting proper contractor, which executing performance bond obligation, considering progress and characteristics of remaining works. Secondly, In collaboration contract, the prerequisite of remaining contractors' should be deregulated as 'implementation requirement of the remaining works'from'implementation requirement of the whole work'. Finally, defect responsibility should be included in liabilities of performance bond by specifying that owner or guarantee agency bear them.

• 사회경제평론
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• v.31 no.3
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• pp.165-201
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• 2018

According to F. Nietzsche and A. N. Whitehead, the fatal error of the modern Western ontology is to mistakenly assume that the structure of reality is the same as the structure of language, and to misplace the fictional linguistic subject as a realistic subject. This fictional concept of the subject is the concept of person. This paper will analyze how this fictional concept of person forms the basis for the development of modern finance. The historical period and place of analysis of the paper is England in the late 17th century. At this time and place, the modern form of banking began, and the concept of person was developed philosophically by English intellectuals, especially by John Locke. And at the same time, joint-stock companies and the English nation state acquired their independent abstract personhood. The fictional concept of person has reduced social relations to "exclusive property rights" and "creditor-debtor relations," and this reduction forms the ontological basis of modern finance. In modern finance where property rights and creditors' rights are mixed, property owners excercise exclusive property rights but avoid responsibility for the exercise by being transformed to creditors. Furthermore, property owners' privilege were extended when the modern groups-joint-stock companies and the nation state-who are endowed with eternal and independent personhood are reduced to debtors for the property owners.

• International Commerce and Information Review
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• v.15 no.3
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• pp.41-62
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• 2013

This paper, the accumulation of foreign exchange reserves in the financial systems of emerging markets mid-to long-term impact on how investigated. The accumulation of foreign exchange reserves in emerging markets is a highly effective means to prevent the recurrence of another financial crisis as well as to minimizing risks of financial crisis. By examining the economic effects of excessive accumulation of foreign exchange reserves on factors such as foreign liabilities, domestic consumption, domestic investment and economic growth from a mid-to long-term perspective, it reduced domestic consumption, but on the other hand, led to the expansion of the trade-related industries based on increase of exports. Although China implements a policy to substantially increase domestic investment, other emerging market countries have stagnant domestic investment activities due to excessive accumulation of foreign exchange reserves. Such fact signifies that excessive accumulation of foreign exchange reserves increases potential risks by depressing the mid-to long-term economic growth through the scale down of trade-related industries.

• Journal of Advanced Navigation Technology
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• v.21 no.3
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• pp.230-242
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• 2017

A significant rise in product-liability cost is expected due to the newly passed product liability amendment Bill approved during the assembly plenary session on March 30, 2017. Korean government legal service(KGLS) filed a damage suit against Korea aerospace industries, Ltd.(KAI) and Hanwha Techwin Co., Ltd., the manufactures of the KUH-1 Surion helicopter crashed. KGLS alleged claims under the product liability Act, the warrant liability Act and the non-performance of contract act. The accountability limits of military aircraft manufacturers was a highly divisive issue among related scholars and legal practitioners. The bottom line was that military aircraft manufacturers had no product-liability insurance available. The United States courts have, therefore, developed the government contractor defense(GCD) and it was recognized by the U.S. Supreme Court in Boyle v. United Technologies corporation(1988). product liability insurances for military aircraft manufacturers are excessively expensive and it cannot be added onto the military procurement cost accounting. However, having an aircraft accident without one can be ruinously expensive. Therefore, the manufacturers should promptly set up appropriate risk management measures. This thesis will first review the advance GCD theory, and then find a way to either reform government contract related regulations.

• The Korean Journal of Archival Studies
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• no.39
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• pp.281-318
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• 2014

This article aims to inquire into the decision making system and the sources of the original documents made by means of it in Imperial Japan, the colonial Chosun, GHQ, and the occupied Japan in terms of the post-war treatments of compensation on the Japanese colonial rules. It deals with them from 1910 to 1952 in the perspective of history and archivistics. This article attempts to establish the foundation on which the perception of the documents made in the Imperial Japan, its colony, and the occupied territory would be widened by placing the colonial rules and the compensation on them into a continuous line. The records of Japan's forced occupation of Korea during 1910-1945, and the original records documenting the decision making process of post-war compensation under GHQ, 1945-1952, have been dispersed in Korea, Japan and the United States. This dispersed preservation was mainly due to the complicated decision-making process among Governor-General of Chosun, the Japanese Imperial government, and the GHQ. It was the top-down styled, dual decision making system, in which the critical policies, personnel, and budget had been decided in Imperial homeland, while their implementations were made in the colonies. As a result, the records documenting the whole process of domination have been preserved dispersedly in Japan and its colonies. In particular, the accounts of not yet paid Korean workers that was forced to mobilize in Japan's colonial periods, which is emerging as the diplomatic conflict between Korea and Japan, had been dealt in the decrees of the Japanese government and policy-making of GHQ. It has already been changed to the problem as 'economic cooperation' from the 'debt'. Also, the critical records for post-war compensation were preserved dispersedly in the United States and Japan under the top-down decision making process of GHQ-Japan. Therefore, the dispersed records of 1910-1952 about the colonial rules by the Imperial Japan and the post-war compensation on them must be re-investigated for the adequate documentation in the context of time and space.