• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2004.11a
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• pp.437-441
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• 2004

This study aims to propose a set of improvement devices for construction dispute resolution clause of public improvement project in Korea. To do so, the study addresses the system and procedure of construction dispute resolution in domestic and overseas, and reviews precedent cases, specifically focused of a selective arbitration case. In public sector's initiated contracts, the absence of c)aim procedure clause is unable to response to the claims in timely manner, and the ambiguity of clause o( selective arbitration make it difficult to resolve a dispute by arbitration. Thus, in this study alternative dispute resolutions are explored as a way to resolve various construction disputes of public-initiated project in developed countries.

• International Commerce and Information Review
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• v.14 no.3
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• pp.481-511
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• 2012

Incoterms 2010 Rules consist of 11 rules. The 11 rules are presented in "rules for any mode or modes of transport" and "rules for sea and inland waterway transport". The each rule of Incoterms 2010 rules has the guidance note, 10 articles(A1~A10) in relation to the seller's obligations and 10 articles(B1~B10) in relation to the buyer's obligations. The A6 and B6 of Incoterms 2010 rules, likewise previous Incoterms rules, have the article of allocations of costs. These articles of Incoterms 2010 rules provide the allocation of costs between the seller and the buyer. According to These A6 and B6, in principle, the seller must pay all costs relating to the goods until they have been delivered in accordance with A4, and the buyer must pay all costs relating to the goods from the time they have been delivered as envisaged in A4. The purpose of this paper is, therefore, to analyze the clauses of allocation of costs in Incoterms 2010 and to provide the problems of the clauses.

• Korea Trade Review
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• v.41 no.5
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• pp.305-323
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• 2016

The scope of umbrella clause is very important because it is possible to extend or reduce the range of protection of the investment. Umbrella clause stipulated in the majority of BIT is often controversial, since there is no established criteria for the scope. So, this study considered ICSID arbitration cases related to the scope of umbrella clause. There are two different approaches for the scope of umbrella clause by arbitral tribunals. First, all of the disputes on the investment contract elevated to the disputes on the BIT. And umbrella clause can be applied that the host state entered into investment contract not only as a sovereign but also as a merchant. Second, all of the claims on the investment contract don't elevate to the claims on the BIT. Umbrella clause can be applied only if the host state violates the protected investment contractual rights and obligation under the BIT. And umbrella clause can be applied that the host state entered into investment contract as a sovereign but not as a merchant. Therefore, this study suggests to concretely specify the scope of umbrella clause under the BIT. And it is necessary to improve predictability by establishing continual database of the scope of umbrella clause and to prepare for investment disputes related to the scope of umbrella clause.

• Journal of Korea Port Economic Association
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• v.28 no.2
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• pp.129-153
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• 2012

Even though logistics service outsourcing becomes widespread in manufacturing and service industries, logistics service providers encounter fierce competition and lower profit. Decreased profit has negative impact on service providers' competitiveness, which in turn threats successful relationship with shippers. In this paper, we investigate the factors which influence the performance of service providers. Factors related to service contract are examined and we test an effect of concreteness and fairness of service contract. PLS (Partial Least Square) modeling method is applied and validated using data from logistics service providing companies in Korea. In the model, service contract clauses are classified into two categories including cost and risk sharing terms. PLS analysis shows that partnership and performance of service relationship is improved when contract clauses are specified in detail. This study will contribute in providing an operational direction in effectively establishing a positive relationship between the logistics service provider and the shipper.

• International Commerce and Information Review
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• v.18 no.1
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• pp.151-178
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• 2016

This study is based on precedent research on contract fairness to prevent irrational contract practices and enable long term mutual interests between logistic firms and shipper. Actual unjust contract examples were identified in order to help create this positive partnership. An analysis on the difference of perspective proved that while the logistics companies believed on the positive effects of the presence of additional expense clauses & potential risk clauses, the very same companies believed that the concretization of procedural & distributional equitability clauses will cause positive effects on the partnership between the logistics companies and the shipper. On the other hand, concretizationof the expense clauses brings about a negative effect for the shipper company. Also, the perspective of a logistics company appears that such results were identical to the empirical study which had a positiveeffect. However, the shipping company had a negative and a rather opposite point of view. These researches prove that there should be an alteration in perception for the shipper company. It is believed that the comparison of the results of this research and the leading researches may provide grounds for thought-provoking suggestions that must be concretized and also for those in need for further settlement for drafting the standardized logistics contract and its logistics.

• 월간 기계설비
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• s.106
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• pp.74-76
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• 1999

다음 <표1>과 <표2>는 ISO 14001과 ISO 9001의 연관성과 넓은 의미에서 기술적 일치성, 그 반대의 경우를 비교하였다. 이같은 비교의 목적은 이미 제정된 규격 중의 하나를 운영하고 있으며 앞으로 두 체제를 운영하고자 하는 조직에게 두 체제의 연계 가능성을 증명하기 위함이다. 두 규격의 조항 사이의 직접적인 연계는 두 조항의 요건이 대체로 일치하는 경우에만 수립된다. 여기에서는 나타낼 수 없는 많은 세부적인 요소들이 두 규격 사이에 상호 관련성을 맺고 있다.

• Digital Contents
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• no.10 s.65
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• pp.23-34
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• 1998

IMF 시대로 접어들면서 금융권의 위험관리시스템이 국가적인 차원에서 중요한 이슈로 부각되고 있다. 지난해 12월 OECD는 가입국가들에게 위험 관리를 도입해야 한다는 조항을 발표하였고 얼마전 BIS 자기자본 비율 8%를 맞추기 위한 금융권 경영개선안에도 위험관리시스템 구축 조항이 포함되어 있었다. 이처럼 위험관리시스템은 은행권 생존을 위한 필수불가결한 지원 도구로 자리잡고 있다. 금융환경의 변화추이, 위험관리의 현황, 그리고 업체별 전략에 대해 살펴봤다.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.50
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• pp.3-25
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• 2011

The purpose of this paper is to examine the use of LD Clause against the seller's breach of contract in connection with delivering the goods in the international sales contract, and international guarantee system using standby L/C or demand guarantee. For this purpose, the author, first, considered the outline of the buyer's remedies in cases that the seller had not performed his obligations in contract and the difficulties in the buyer's remedies. As alternatives for overcoming the difficulties, this author recommended the LD Clauses (Liquidated Damage Clauses) based on ICC Model International Sales Contract, and explained each Model Clause. To enhance the feasibility of LD Clause, this author suggested the guarantee system, like the standby L/C or demand guarantee. But these guarantee systems have several limitations in practical use. Thus, these guarantee systems would greatly contribute to Korean exportation in the future. The reason is that the Korean export structure would be more complex and the period of sales contract would be longer and longer, which result to in long-terms supply contracts. These changes would require the guarantee much urgently.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.47
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• pp.337-353
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• 2010

On payment of the insurance money the insurer is entitled to be subrogated to all right and remedies of the assured in respect of the interest insured in so far as he has indemnified the insured. The purpose of subrogation is to prevent the assured from recovering more than once for the same loss, e.g. where goods are lost owing to a collision, the assured cannot claim the insurance money from the insurer and then sue the owners of the ship that negligently caused the collision. Under the doctrine of subrogation the right to sue owners of the negligent ship passes from the assured to the insurer on payment of the insurance money. The insurer is subrogated to the assured 'rights against the carrier under the contract of carriage. To defeat the cargo underwriters' subrogation righters, the carriers inserted in their B/L a clause allowing the carriers to have the "benefit of the shipper's insurance. But, in the Hague Rules, Hamburg Rules, Rotterdam Rules, its makes void any clause that assigns a benefit of insurance of the goods in favour of the carrier. In practice the insurer asks the assured to sign a letter of subrogation and retains the documents in order to prosecute the rights subrogated to him.

• Korean journal of communication and information
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• v.45
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• pp.384-424
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• 2009

To date, the theoretical discussions on ‘Election Broadcasting Deliberation Systems’ have been made, but few researches have been made on the empirical cases of such broadcasting provisions. Therefore, this research thesis is to gather and analyze cases of the Election Broadcasting Deliberation, and then find out problems from the operation of the real Election Broadcasting Deliberation, and furthermore, seek a way to improve the provisions of Election Broadcasting Deliberation. Also, this thesis is to analyze the real cases of items of ‘Fairness’, as the key ones of Election Broadcasting Deliberation. This research thesis took up as a major agendum, the necessity of overhauling provisions of Election Broadcasting Deliberation/the problems that provisions and restrictions are inconsistent/the outstanding issue of the violated fairness rules. In this regard, this thesis maintained the importance of reconsidering fairness rules of news.