• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.71
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• pp.59-84
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• 2016

Among various export financing, Receivable Assignment is very important. Various countries make use of this method. But Korean law system have shortage of legal structure. This paper looks into Receivable Assignment relation to legal structure. And this paper analyze not only detail Korean civil law system about bond and receivable but also comparative other civil law system. Especially, Korean civil law of bond compare Germany civil law of bond or Japanese civil law of bond. In the context, This paper compares Korean civil law system about bond with International standard rule about bond. For example, It is UN convention on the Assignment of Receivables in International Trade and Principles of International Commercial Contract(PICC). This is good for the commercial party in terms of financing and receivable assignment. Thus this paper will establish Korean legal system direction. There are argument on method of making article and modifing article. The purposes of this paper is to examine revitalizing of Receivable Assignment. And this paper deals with improvement of International Commercial Activation.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.68
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• pp.23-42
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• 2015

According to the increasing attention to safety and security in maritime shipping, there are diverse security systems in international logistics activities. Although prior studies on maritime transport and port security reviewed security policy and practices in order to provide useful insights for strategic agenda, a few focused on attitude to respond it. Moreover, there are no prior study on a comparative study between continents. To tackle this, this paper compared confrontation attitude to maritime transport and port security between South Korea and European Union. Results identified that maritime shipping security incorporates container cargo security management, logistics security management, logistics security certificate system, and environmental impacts management caused by maritime shipping. Further, the comparison between two countries suggests that South Korea need to take more positive attitude to respond, such as investment in equipment and technologies for maritime shipping security, construction of comprehensive management system, political supports for logistics security, and training and education for safety and security. The results provide useful insights for strategic review of security systems in South Korea, and to help strategic agenda for future improvement.

• Proceedings of the Technology Innovation Conference
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• 2009.02a
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• pp.355-389
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• 2009

절충교역은 국방과학기술의 다양한 획득방법 중의 하나로써 국외로부터 무기체계를 구매할 경우 반대급부로 핵심기술, 방산물자 및 부품 수출 등을 획득하는 국제무역거래의 한 특수형태이다. 우리나라는 방위산업의 발전과 국방과학기술력 향상을 위해 1983년부터 절충교역을 추진하여 오고 있다. 절충교역은 일반적인 상업 무역거래와는 달리 절충교역 추진국가가 기술 수혜국으로서 소기의 목적을 달성하여 성공적인 기술이전을 완수하기 위해서는 절충교역 추진과장상의 운영의 묘미가 절실히 요구된다. 따라서 우리나라는 그동안 절충교역 추진 효율성을 강화하고 실패사례를 줄이기 위해 절충교역 추진 목적과 정책을 전략적으로 개선하여 절차화 표준화해오고 있다. 최근 방위사업청 개청 이후 절충교역 추진 정책의 방향을 목표지향 성과지향적으로 설정하고 다시 한번 제도를 개선하여 적용하고 있으나 아직까지 정책적 방향성에 부합하는 실무적 절충교역 추진 모델은 미흡하여 여전히 개선의 여지가 존재한다. 따라서 본 연구에서는 절충교역 제도의 완성도를 높여 우리나라의 국방과학기술력 향상과 방위산업 육성을 위해 필요한 기술을 최대한 확보할 수 있도록 하는 선순환 구조의 한국형 절충교역 추진 모델을 개발 제안한다. 제안하는 한국형 절충교역 추진 모델은 현행 제도에 대한 심층적인 분석을 통해 도출된 개선 필요사항을 보완할 수 있도록 전체 절충교역 추진절차를 식별(Detecting), 확보(Securing), 이전(Transfer), 활용(Applying), 확산(Diffusion)이라는 다섯 단계로 나누고 각 단계의 성공적인 목적 달성을 위한 제도적 개선 방안을 제시한다.

• Journal of the korean veterinary medical association
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• v.47 no.2
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• pp.165-176
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• 2011

구제역은 우제류 동물이 걸리는 급성열성전염병으로, 본 병에 걸린 동물은 발열이나 식욕부진을 지나 병명대로 구강과 혀 점막, 발굽 주위나 유방의 피부에 수포를 형성한다. 이후 이환된 가축은 섭취 장애나 보행장애가 일어나고, 산육능력이나 비유량이 저하됨에 따른 경제동물로서의 가치를 현저하게 떨어지게 한다. 또한 본 병의 전파는 극히 빠르고 동물이나 축산물에 대하여 엄격한 이동제한이나 방역조치가 본 병의 전파나 확대를 막기 위해 실시하기 때문에 본 병에 의해 생기는 경제적 피해는 농가의 지역단위 뿐만 아니라 국가단위에도 미쳐 심각하다. 그 때문에 자유무역을 표방하는 WTO체재하에 있어서도 구제역의 만연방지를 목적으로 한 무역제한은 국제적으로 용인되어져 오고 있고, 세계동물보건기구에 의해 국가나 지역단위의 청정도 구분이 장해져 각국의 법에 반영되어져 있다. 구제역의 병원체로 있는 바이러스는 숙주역이 넓고, 적지 않은 바이러스양에도 감염이 성립, 감염동물체내에서 바이러스가 신속하게 복제, 감염동물로부터 다량의 바이러스가 배설, 접촉전파만이 아닌 공기전파를 일으킨다는 등이 본 병의 전파나 확대에 유리한 복잡한 성성을 가질 경우에 구제역의 방역 및 박멸을 어렵게 하기 때문에 수의학영역에서 가장 경계해야할 전염병의 하나이다. 따라서 본 필자는 최근의 국내 구제역 발생상황속에서 관련자료정리를 하다가 대동물 임상수의사가 알아야 부분과 일본 동물위생연구소 등에서 구제역바이러스 인공감염 및 화학물질(T-1105)투여시험 결과 내역를 정리하여 소개해두고 저 한다.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.26
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• pp.225-253
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• 2005

Nowadays we does not hesitate to definite answer that the arbitration is the most developed dispute settlement out of court in the international commercial transaction. Online arbitration is desirable for the reasons of speed and cost effectiveness to settle the dispute about the international commercial transaction. Online arbitration is fast because it uses the communication technologies that allow information to be sent fast and efficiently. But in online arbitration too much speed and efficiency may lead to a violation of due process rights and consequently the online arbitration awards run a risk to be set aside or refused its enforcement under the international commercial arbitration mechanism. Speed and efficiency may conflict with the procedural guarantee characterizing each adversary dispute resolution process. As arbitration is exclusive of recourse to courts, a state must guarantee that arbitral proceeding should be satisfied with the claim rights requirement. The main question regarding the sources of regulation is particularly for the due process whether or not this is provided by the availability of grounds to set arbitral award aside. In other words, does it respect due process in the arbitration proceeding including information communication and technology under the online arbitration. In this paper it is discussed about how the main issue in arbitration should be implemented in online arbitration proceedings to cope with the due process requirements in national and international.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.26
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• pp.203-223
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• 2005

Many international transactions involve the use of security devices, commonly referred to as "guarantees", "bonds", or "standby credits", designed to protect one of the parties from a breach by its counter-party. These security mechanisms may be provided by banks, insurance companies, specialized surety companies, or other financial service firms. Although some legal systems distinguish between "guarantees", "bonds", and "indemnities", these terms are often used as synonyms in the everyday language of international traders. It may therefore be necessary to examine the particular characteristics and nature of the guarantee obligation in order to properly classify the guarantee. Two main categories of guarantee are demand and suretyship. Under a demand guarantee, the guarantor must pay on first demand by the beneficiary. The beneficiary only has to demand payment under the guarantee - there is no need to prove that the principal has actually defaulted on a contractual obligation. Under a suretyship or conditional guarantee, the obligation of the guarantor is triggered by the actual default or contractual breach of the principal, as evidenced in a document such as a court judgement or arbitral award against the principal. Guarantees have been widely used in the international business transactions. Main uses of guarantees are as follows : Performance Bonds/Guarantees, Bid(or Tender) Bonds/Guarantees, Advance Payment or Repayment Bonds/Guarantees, Retention Bonds/Guarantees, Maintenance(or Warranty) Bonds/Guarantees etc.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.26
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• pp.143-172
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• 2005

The biggest exchange of international environment of shipping logistics in 21 century should appear ultra-mega container ships on the shipping market. The competitive trend of large size container ship was based on economics of scale among the international shipping business. In the environment, shipping firms consider the integration of freight forwarder and shipper in the international logistics process. The aims of this research analyse a relation between the environment uncertainty and logistics information system(LIS) and the integration and resolve the integration and its impact on logistics performance. The research methodology of this research analyse structural equation modeling on the relation of variables. The results of research are as follows. First, Environmental uncertainty significantly influences the internal integration and the external integration. Second, LIS has an influence on the logistics integration by providing the foundation for LIS utilization in international logistics process. Third, the internal integration significantly influences a logistics performance, which implies that firms should promote interaction and collaboration through internal process integration to achieve logistics performance as the logistical cost and service. But the external integration is not significantly a logistics performance.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.55
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• pp.3-32
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• 2012

CISG article 74 establishes the general formula applicable in all cases where an aggrieved party is entitled to recover damages. It provides that damages for breach of contract comprise all losses, including loss of profits, caused by the breach, to the extent that these losses were foreseeable by the breaching party at the time the contract was concluded. An aggrieved party may claim under article 74 even if entitled to claim under article 75 or 76. The latter articles explicitly provide that an aggrieved party may recover additional damages under article 74. Articles 75 and 76 apply only in cases where the contract has been avoided. Article 75 measures damages concretely by reference to the price in a substitute transactions, while article 76 measures damages abstractly by reference to the current market price. Article 76 (1) provides that an aggrieved party may not calculate damages under article 76 if it has concluded a substitute transaction under article 75. If however, an aggrieved party concludes a substitute transaction for less than the contract quantity, both articles 75 and 76 may apply. Pursuant to article 77, damages recoverable under articles 74, 75 or 76 are reduced if it is established that the aggrieved party failed to mitigate losses. The reduction is the amount by which the loss should have been mitigated. Article 78 entitles a party to interest on the price and any other sum that is in arrears.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.55
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• pp.95-124
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• 2012

Referring to Buyer's obligations, the Buyer must pay the price for the goods and take delivery of them as required by the contract. There are vital importances to the Buyer's Fundamental Breach. The legal effects of a breach of contract do not depend on the nature of the obligation broken, but on the consequences of the breach the detriment to the other party. The obligations mentioned to Article 53 are primary obligations which are to be fulfilled in the normal performance of the contract. They include a number of different acts which could be seen as the subject-matter of different obligations. CISG gives further details for the payment of the price in Articles 54 to 59 and for taking delivery in Article 60. The buyer has to take delivery at the respective place within a reasonable period after this communication since he cannot be required to take delivery immediately. Refusing to take delivery in case of delay not constituting a ground for avoiding the contract makes no sense, since this would lead to even later delivery. For the understanding of Buyer's Fundamental Breach, We need to search the Cases referring to the breach of buyer's main obligations.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.55
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• pp.125-154
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• 2012

The International Chamber of Commerce (ICC) has published revised rules of arbitration, which come into force on 1 January 2012 (the ICC Rules 2012). The ICC Rules 2012 apply to all arbitrations commenced on or after 1 January 2012, unless the parties have agreed to submit their arbitration to the rules in effect on the date of their arbitration agreement (Article 6(1)). The ICC Rules 2012 explicitly require both the arbitrators and the parties to make every effort to conduct the arbitration in an expeditious and cost-effective manner. The changes will force participants to define more aspects of their claims and outline the merits of the dispute earlier on in the process. The Rules also contain new penalties for behaving in a way that undermines the process's efficiency. The new Rules permit the tribunal, when making allocating costs, to take into account the extent to which each party has conducted the arbitration in an expeditious and cost-effective manner. Entirely new provisions relate to the emergency arbitrators, case management, and multi-party arbitrations. The ICC Rules 2012 take into account developments in arbitration practice and procedure, and in information technology, since the last revision of the rules in 1998, the aim being to provide modern and flexible procedures that promote efficiency in the arbitral process.