• KSCE Journal of Civil and Environmental Engineering Research
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• v.38 no.3
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• pp.497-503
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• 2018

Most of the conditions of contract applied in international construction contracts, including various conditions of contract published by FIDIC, include the provision for Retention Money which inevitably result in negative impact on cash-flow or financial burden to the contractors. In this study, fundamental reasons behind the application of Retention Money provisions are analysed and contractual mechanisms included in the FIDIC conditions of contract are searched, which include provisions for Performance Security and Defects as well as Termination, so that proper judgement can be derived on the application of Retention Money. In conclusion, considering the various contract provisions, performance security, termination of the contract by the Employer etc. included in the FIDIC conditions of contract, it is not necessary to include the provision for Retention Money.

• Korean Journal of Construction Engineering and Management
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• v.6 no.5 s.27
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• pp.177-185
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• 2005

Construction uncertainties are frequently exposed to the claims. In most cases, an interpretation of the claims is based on the construction contract. Therefore, the key points of contract negotiation are how to fairly distribute the contract risks to the client and contractor. For these, a FIDIC that is considered as an international standard contract form would be a good reference to decide reasonable contract risk distribution. In order to find out any unreasonable and unfair contract clauses at the general conditions of contract applying generally to public construction project in Korea, this study surveys, analyses and evaluates the general conditions of contract based on a FIDIC, and then proposes a risk mitigation methodology to response those clauses' risk factors reasonably.

• Defense and Technology
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• no.5 s.279
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• pp.56-69
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• 2002

방산 선진국에 비하여 상대적으로 기술적 능력이 미흡한 우리 나라는 무기체계의 공동연구개발협상에서 이들 국가보다 지위가 유리하다고는 볼 수 없다. 정책방향과 사업추진 발전방안 등에 대한 분명한 인식과 논리를 갖고 사업을 수행한다면 국가 이익을 확보하는 데 기여할 것으로 사료된다. 국제협력연구개발에 대한 발전방안을 보다 체계적으로 분석하기 위해서는 선진국의 사례에 대한 양해각서, 계약서, 결과에 대한 원천자료 혹은 체계적인 분석자료를 획득하여 이에 대한 문헌연구와 병행하여 국내의 기술협력사업에 관한 양해각서와 업체간 계약서 및 사업관리에 대한 사례분석이 보다 체계적으로 이루어져야 할 것이다.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.73-98
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• 2016

This is a case review of the Korean Supreme Court about international jurisdiction over a foreign-related case. This case is a guideline to other following cases how Korean court has international jurisdiction over the foreign elements cases. This case was an air crash accident in Busan, Korea. And the applicant was a chinese who was parents of flight attendant. The defendant was Air China. The applicant suid the defendant in Korea court, requesting for compensation for damages based on the contract of employment between died employee and the defendant and tort. The trial court rejected jurisdiction. But Supreme court granted jurisdiction on Korean court. The court determined the jurisdiction by the Korean Private International Law Act(KPILA). The KPILA has a concept of 'substantial connection', it is a main legal analysis to determine the jurisdiction. In the act, Article 2 Paragraph 1 says "In case a party or a case in dispute is substantively related to the Republic of Korea, a court shall have the international jurisdiction. In this case, the court shall obey reasonable principles, compatible to the ideology of the allocation of international jurisdiction, in judging the existence of the substantive relations." And Article 2 Paragraph 2 declares "A court shall judge whether or not it has the international jurisdiction in the light of jurisdictional provisions of domestic laws and shall take a full consideration of the unique nature of international jurisdiction in the light of the purport of the provision of paragraph (1)." In this case review find concepts, theories and cases out to clarify the meaning about Article 2 of the KPILA. Also it quoted from the concept of "the base rule" in Rome I (Regulation (EC) 593/2008 on the law applicable to contractual obligations) to apply the contract of employment between flight attendant and Air carrier.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.19 no.12
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• pp.2993-3002
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• 2015

INCOTERMS 2010 apply to the International Trade Contract for the last 5 years. The export trade condition and the document type for last 10 years was researched to analysis of the practical problems of INCOTERMS 2010 application. The result of the research; First, several rules which are against the official INCOTERMS 2010 rules are used. Second, the conventional rules like FAS FOB, CIF and CFR which are used for the ocean and inland transportation are applied without any changes. Third, the issue of the time of delivery(transfer of ownership) at the CPT and CIP affects not to activate these two rules. Fourth, the frequency of the DAT use is low. Because, the terminal designate is hard at the point of the contract and the terminal is changeable during the transport. According to these issues, the active publicity campaign is needed for the INCOTERMS 2010. And, the analysis of the terms and the solution of conflict are also needed.

• Venture DIGEST
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• s.49
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• pp.16-17
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• 2004

• 복합운송
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• s.141
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• pp.14-15
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• 2003

• 발명특허
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• v.11 no.1 s.119
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• pp.44-47
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• 1986

• 발명특허
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• v.11 no.2 s.120
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• pp.46-49
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• 1986

• 복합운송
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• s.139
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• pp.15-18
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• 2003