• The Journal of shipping and logistics
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• v.34 no.4
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• pp.583-613
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• 2018

This study analyse the safe port warranty undertaking for shipowner of time charterer with the Ocean Victory Case. Litigation ensued between those in the charterparty chain. When the hull insurer, Gard, took an assignment of the rights of the vessel's owners and demise charterers in a claim against the time charterers that the vessel had been ordered by them to an unsafe port in breach of the charter. Although the claim succeeded, the Court of Appeal overturned the decision. The Supreme Court delivered its judgment on May 10, 2017, dealing with three important issues, safe port, joint insurance, and limitation of liability. Especially on the safe port issue, the court held that the port was not unsafe within the meaning of the safe port undertaking so the charterers were not in breach of it. The conditions in the port amounted to an abnormal occurrence as that expression is understood.

• Korea Trade Review
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• v.42 no.6
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• pp.1-25
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• 2017

This is a comparative and analytical study which comprises of the analysis of the rules of the seller's liability for non-conforming goods of four legal systems under the CISG and the CESL. A purpose of this study is to examine all the rules as to, first, the concept and the nature of the seller's duty to deliver the goods in conformity with the contract, second, the contents of the seller's duty to deliver the goods in conformity with the contract, third, the time when the goods must be in conformity with the contract and the cases where the seller is exempted from his liability for non-conforming goods. Another purpose is to compare the rules of the CISG with those of the CESL, and to evaluate them in light of the discipline of comparative law. This is for the purpose of facilitating the systematic development and reform of one jurisdiction by any solution from the other jurisdiction found by the comparative study. In addition, this study provides legal and practical advice to the contracting parties when they intend to use one of those regimes in their contract as a governing law.

• 방재와보험
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• s.148
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• pp.44-51
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• 2013

대리운전업체에 소속되어 있는 대리운전자가 대리운전 보험에 가입한 경우, 보험료는 대리운전자가 직접 부담하는 경우가 대부분이나 계약당사자인 보험계약자는 대부분 대리운전업체로 되어 있다 보니 약관내용에 대해 제대로 설명을 듣지 못했다는 이유로 보상범위 등을 둘러싼 분쟁이 발생하는 경우가 많다. 본고에서는 차주가 동승하지 않은 채 대리운전자가 차량을 운전하던 중 발생한 사고를 대리운전보험에서 담보하는 '대리운전 중 사고'로 볼 수 있는지 여부를 다룬 사건을 소개하고자 하는데, 쟁점 가운데 약관의 설명의무와 관련 사항을 일부 언급하고 있어 동 내용을 살펴보고 나아가 약관 설명의무의 법적 성격 및 유사 분쟁사례 등을 개관하고자 한다.

• The Journal of the Korea Contents Association
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• v.11 no.2
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• pp.408-415
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• 2011

A lienor of the real estate Auction procedure does not associate with the lien report truth in an existing law system, and lienor can be opposed to vendee. Malicious lienor abuses such a principle of law and loses a sale price of the deferred purpose real estate in Auction procedure by convenience of lienor. In addition, there is apt to be a case to let I do debtor and collusion and false return, and the Secured credit swell out greatly. The necessity that liability does lien report to assure Secured credi becoming the formation truth and the undertaking of lien in Auction procedure is practically acute need. I showed the legislation idea which switched present situation investigation improvement and lien by the executive officer in legal mortgage in civil law In addition, it revised introduction and the Civil Execution Act of the lien registration system and solved Obligatory Report of the Lien about lien for a legislation.

• 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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.23-43
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• 2016

This study describes the exclusion of the seller's liability for defects in title under CISG and UCC. Through comparing two provisions, this article provides contracting parties with guidance regarding choosing governing laws and practical advice. CISG and UCC states not only the seller's liability for defects in title but also the exclusion respectively. Under two provisions, contracting parties who wish to avoid this liability may agree that the liability will not apply. Under UCC ${\S}$2-213(2), the seller's warranty can be disclaimed by specific language in the contract or by the circumstances surrounding the transaction. Although there is no express exclusion provision under CISG Article 41 and 42, Article 6 allows contracting parties to agree that they may exclude the application of the seller's liability. Both Article 42 under CISG and ${\S}$2-213(3) under UCC provide where the buyer furnishes specification to the seller. Under UCC ${\S}$2-213(3), it is the buyer's warranty to hold the seller harmless from any claims which arise from the seller complying with specification furnished by the buyer. But, under CISG Article 42, the seller's duty is excluded if the third party right or claim result from the fact that the seller has complied with specifications provided by the buyer. Therefore Article 42 does not charge the buyer with the duty, but rather limits the circumstances under which he could cause claims under Article 42. Interestingly, CISG has provisions which are absent from UCC. First, under Article 41, the seller escapes the liability if the buyer agree to take the goods subject to the third party right or claim. Second, under Article 42(2)(a), the seller is not liable if the buyer knew or could not have been unaware of the third party right or claim at the time of the conclusion of the contract.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.163-207
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• 2020

Korea has been positioned as the leading country in the industry of clinical trials as the clinical trail of Korea has developed for the recent 10 years. Clinical trial has plays a significant role in the development of medicine and the increase of curability. However, it has inevitable risk as the purpose of the clinical trial is to prove the safety and effectiveness of new drugs. Therefore, the clinical trial should be controlled properly to protect the health of the subjects of clinical trial and to ensure that they exercise a right of self-determination. In this context, the fiduciary duties of doctors who conduct clinical trials is especially important. The Pharmaceutical Affairs Act and the relevant regulations define several duties of doctors who conduct clinical trials. In particular, the duty to protection of subjects and the duty to provide information constitute the main fiduciary duties to the subjects. Those are essentially similar to the fiduciary duties of doctors in usual treatment from the perspective of the values promoted by the law and the content of the law. Nonetheless, clinical trials put more emphasis on the duties to provide explanation than in usual treatment. Further research and study are required to establish the concrete standard for the duty of care. However, if the blind pursuit of higher standards for the duty of care or to pass the burden of proof to doctors may result in disrupting the development of clinical trials, limiting the accessibility of patients to new treatment and even violating the principle of sharing damage equally and properly. In addition to these duties, the laws of clinical trials define several duties of doctors. Any decision on whether the violation of the law constitutes the violation of the fiduciary duty and justifies the demand for compensation of damages should be based on whether relevant law aims to protect the safety and benefit of subjects, even if in an incidental way, the degree to which such violation breaches the values promoted by the law and the concrete of violation of benefit of law, the detailed acts of such violation. The legal interests of the subjects can be protected effectively by guaranteeing compliance with those duties and establishing judicial and administrative controls to ensure that the benefit of subjects are protected properly in individual cases.

• Journal of Digital Convergence
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• v.15 no.4
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• pp.35-42
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• 2017

Information strategy planning(ISP) is an analysis of the organization's work, information flow, and current information systems, and planning information structures to achieve organizational strategies and objectives. In addition to the systematic promotion of the information sector in the public sector, the government is required to establish an information strategy plan in order to enhance the efficiency of the information sector. However, there are many cases in which the IT project budget is reflected without establishing the information strategy planning. The purpose of this study is to clarify the criteria for establishing the information strategy planning in order to enhance the effectiveness of the information strategy planning. For this purpose, we set up a judgment model for Information strategy planning through expert group review (FGI) and conducted questionnaires on public sector experts. In addition, we proposed a project to establish an information strategy planning and an exceptional project based on the size of iinformatization project and characteristics of informatization project.

• Journal of Korea Port Economic Association
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• v.25 no.2
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• pp.149-176
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• 2009

In Count case, the owners claimed from the charterers the amount of their loss resulting from the delay to the Count caused by the blockage of the channel due to stranding of the Pongola on the ground that this loss resulted from breach by the charterers of the safe port provisions. The Claim was referred to arbitration and dealt with on written submission. In a reasoned award, the arbitrators upheld the owners' claim. The charterers seek an order reversing the award or remitting it to the arbitrators for further consideration : (1) That the tribunal was wrong to find that the port of Beira was unsafe and that in consequence the charterers were liable to the owners in damages for detention. (2) That the tribunal was wrong to find that the port was unsafe in the abstract by reference to the fact that two other vessels had grounded there. (3) Having held that the Count was delayed for a little over four days by the fact that, after the charterers had nominated the port, the Pongola had grounded in the access channel, the tribunal should have held that the port was not prospectively unsafe. On the that the grounding the Pongola was caused by the characteristics which made the port an unsafe port to nominate for the Count. The court was held that it was not an independent event which broke the chain of causation between the breach of contract and the owner's loss. For those reasons, the court was upheld the arbitrator's award.

• 월간 기계설비
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• s.308
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• pp.38-39
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• 2016

정부는 그동안 건설업계에 부담으로 작용해 오던 규제인 '주기적 신고제도'를 폐지하고, 건설업 분야의 공정한 거래 질서 확립을 위해 공공 발주기관의 경우 하도급대금 및 건설기계 대여대금 지급보증서의 발급 여부 확인을 의무화 했으며, 추정 및 발주자 등의 불이익 행위 금지 제도를 도입했다. 한편 지난해 8월 11일 개정된 법률의 후속조치로 추가 변경공사 시 원도급자 서면요구 방법 결정 및 하자담보책임기간 설정 방법 결정 등의 시행령을 개정했으며, 시공능력평가 시 신인도평가액 산정방법 조정에 대한 시행규칙을 개정했다.