• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.95-118
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• 2015

This study examines the Buyer's Remedies in respect of Defects in Title under SGA. As SGA divides contractual terms into a condition and a warranty, its effects regarding a breach of a condition or a warranty are different. Where a stipulation in a contract of sale is a condition, its breach may give rise to a right to treat the contract as repudiated and to claim damages. Where there is a breach of a warranty in a contract of sale, the aggrieved party may have a right to claim damages. Regarding a breach of a condition under SGA s 12(1), although the buyer may have his right to terminate the contract, he may lose that right when he accept or is deemed to have accept the goods by intimating his acceptance to the seller, acting inconsistently with the ownership of the seller, or retaining the goods beyond a reasonable time without rejecting them. Furthermore, the buyer may claim the estimated loss directly and naturally resulting from seller's breach. SGA contains the principle of full compensation and so the suffered loss and the loss of profit are compensable. As to specific performance under SGA, the court has been empowered to make an order of specific performance to deliver the goods in conformity with the terms of the contract and so it is not a buyer's right. This order should be made only where the goods to be delivered are specific or ascertained goods and the court must think fit to grant the order. However, among these remedies, the buyer cannot have the right to terminate the contract where there is a breach of warranty by the seller under SGA s 12(2).

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.47
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• pp.379-402
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• 2010

The Korea Foreign Trade Act(KFTA) was revised the penal provisions of the breach of the Country of Origin Labeling(COOL) recently. The ceiling of penalties became to 5 years for imprisonment, one hundred or three hundred million won for fine. The level of penalties are adjudged quite fair but the amount of penalty should be increased according to the profits from the breach or the nature of crime in some cases. The problems of the penalties are differences between KFTA and other related laws. There are related several laws on the breach of the COOL such as KFTA, Unfair Trade related Law, Customs Law, Consumer Protection Law, Law of COOL on Agricultural and Marine products etc. The penal provisions of the breach of the COOL has more heavier level than other the breach because of the criminal qualities. The problems are the penalty differences between the KFTA and the Unfair Trade Law under the Ministry of Knowledge Economy. The KFTA's penal provisions need to equate with Unfair Trade Law as long as same breaches on the COOL. The government can also consider some policies to rigid enforcement of breaches on the COOL. There are the Country of Origin Tracking system, the RoO Paparazzi System, Make public the names of habitual RoO Violators, Correction Order of breach of the COOL etc.

• Journal of Korea Water Resources Association
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• v.34 no.2
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• pp.155-167
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• 2001

The effects of bank crest width, slope steepness, soil properties, and soil compactness on the characteristics of levee breach due to overlfow were investigated through a series of experiments. Generally, the major factors influencing the breach phenomenon are compactness, soil properties. crest width, and slope steepness, in that order. Using proper soil, and ensuring enough compactness in bank construction are very essential for extending breach duration and reducing peak overflow ranges for the values of breach duration, breach width, width-to-depth ratio, and side slope of the breach section, proposed by Singh, MacDonald and Fread based on the field data for earth dam breaks were reasonable. We found that those criteria could also be applied to the phenomenon of levee breaching.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.33-66
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• 2009

Common law makes a distinction between partial breach and material breach. Attempted definitions of material breach are notoriously unsatisfactory, and the concept of partial breach does not necessarily bear an inverse relationship to substantial performance. This study will review the basic structure of common law contract remedies together with how these remedies are reflected in UCC Article 2 for sale of goods contracts. The matter is complicated because availability of remedy depends on the seriousness of the breach, and the right to cure, and (for sale of goods) these in turn depend on whether the contract is an installment contract or a single performance contract. Common law jurisdictions relegate specific performance of contracts to a last place in the hierarchy of contract remedies. Common law lawyers should recognize that this is the result of historical accident and not the product of some kind of superior intellectual effort. Not only is the attitude of civil law systems toward specific performance quite different, but for international sales contracts in developing nations, a remedy system based on the notion that substitute contracts are readily available(and therefore damage remedies are appropriate) is unrealistic. English common law courts were largely restricted to remedies in the form of monetary damages. For that reason the primary contract remedy at common law has never been specific performance. Rather, common law courts have struggled to develop an appropriate measure of monetary damages for breach of contract. Today, specific performance is viewed as an equitable remedy rather than common law. In the United States the dual court system has been abolished by a merger of law and equity courts into a single court structure. However some historical distinction linger on. The most important is that jury trials are generally not available in actions that seek equitable relief. If a plaintiff seeks in personam relief, such as specific performance of a contract, the action will be viewed as equitable and there will be no entitlement to a jury. Further, equitable relief will be granted only in those situations where the plaintiff pleads and proves that the remedy at law is inadequate. The purpose of this study aims to analyze the remedy system of breach of contract of U.K. and U.S. in the international commercial transactions with criterion of commercial rationality.

• Knowledge Management Research
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• v.18 no.4
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• pp.1-29
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• 2017

This study sets out to verify the moderated mediation of followers' identification with the leader on the indirect effect of authentic leadership on organizational cynicism via psychological contract breach. A total of 279 responses from employees at companies with more than 500 employees and of diverse industries were used for analysis. Our findings showed that authentic leadership (X) had a negative indirect effect on organizational cynicism (Y) via psychological contract breach (M), and that this indirect effect was negatively moderated by identification with the leader, thereby identifying its role as a moderating mediator. Further verification revealed that the indirect effect ($X{\rightarrow}M{\rightarrow}Y$) was conditional upon the value of the moderating variable, where identification with the leader had a significant effect in the 25%, 50%, 75%, 90% levels, but not in the 10% level. The findings of this research empirically verified that greater exertion of authentic leadership lowers psychological contract breach among organization members and, consequently, organizational cynicism. In particular, this effect was stronger when the organization member identified him/herself more strongly with the leader. Our findings extend the body of knowledge on the relationship between authentic leadership and organizational cynicism and expands the possibilities for future research.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.23 no.6
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• pp.1207-1217
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• 2013

This study utilizes raw data from "Research on the actual condition of firms' information security" of KISA (2010) and constructs panel dataset to analyze a causal relationship between information security investment and security breach. Using Difference in Difference estimation method we find the following results. First, while the usual causality that information security investment reduces security breach is not supported, the reverse causality that security breach increases information security investment is well explained. Second, contrary to the conventional wisdom, firms in the finance/insurance business sector show the most significant reverse causality pattern.

• Journal of Korea Water Resources Association
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• v.34 no.2
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• pp.141-154
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• 2001

An experimental study was performed to investigate the effects of levee crest width and the slope steepness on levee break due to overtopping flow. The phenomenon of bank failure can be described in 4 stages. In this study, the magnitudes of breach width, breach depth peak discharge, and scouring shape at the break site were measured, and the result shows that peak discharge will be reduced and breach duration extended by widening the crown width and lessening the levee slope steepness. The breach width was narrower and the breach depth deeper, as the levee crest width become wider or the slope steeper. And, the bed scour depth was deeper and steeper, as the levee crest crest width become narrower or the slope milder.

• Korea Trade Review
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• v.45 no.1
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• pp.119-135
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• 2020

It is well-known that if a claim for damage [Note: Damage can be singular or plural] is made based on a breach of contract, calculating the existence and magnitude of certain profits to be deducted based on the damage can be problematic. In the case of a time charter party, even if the early redelivering vessel by the time charterers constitutes a breach of contract, it is still not an exception. In particular, interest in the shipping business seems to be relatively high in terms of how claims for damage by ship owners have been adjusted. In the case of the New Flamenco, there is a debate over whether or not to deduct the difference between the sale price immediately after redelivering the ship and the sale price upon expiration of the contract from the damage based on the breach of contract for the early time charter redelivery vessel. This paper focuses on this case since it appears to be of practical importance and has implications on how to calculate the amount of damage in the case of cancellation for early redelivery vessel in a time charter party.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.39
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• pp.3-26
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• 2008

CISG provides the Convention's default provisions on anticipatory breach. Article 71 permits the aggrieved party to suspend the performance of his obligations if it becomes apparent that the other party will not perform a substantial part of his obligations after the conclusion of the contract. The aggrieved party must give notice of the suspension to the other party and if he provides adequate assurance of his performance, the party must continue with performance. Article 72 authorizes the aggrieved party to avoid the contract to the date of performance when it is clear that the other party will commit a fundamental breach. The aggrieved party is also required to give the other party notice of his intent to avoid the contract if time allows. The requirements for avoidance under Article 72 are more stringent than those for suspension under Article 71. Article 72 requires reasonable prior notice only if time allows, while article 71 requires immediate notice with no exceptions.

• Water for future
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• v.22 no.2
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• pp.223-231
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• 1989

A dynamic levee breach model is demonstrated which can be applied to various types of breach such as overtopping, breaking, and piping. Through a hypothetical simulation the sensitivity of brach width and duration in the result are discussed. the breach width has more important effect than the failure duration upon a side discharge owing to levee breach.