• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.5
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• pp.7-44
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• 1993

This study is focused on the review of buyer's remedy resulting from the breach of seller's duty in contracts for the international sale of goods focusing on UNCCIS, 1980 and the problems and suggestions of proper ideas for solving the problems. First problem on the buyer's remedy is related to the breach of seller's duty on del ivory of the contracted goods. When seller has failed to deliver the contracted goods to buyer within the stipulated periods, buyer can treat the contract as avoided and claim damages from seller. By the way, since UNCCIS does not provide any stipulation on the time of buyer's avoidance of the contract, buyer can delay the time of avoidance when the price of contracted goods is rising rapidly and enlarge the amount of damages, Since this stipulation is clearly unreasonable, proper solutions are required for UNCCIS. Second problem is related to the breach of seller's duty on deliver of goods which are of the quantity, quality and description required by the contract and which are contained or packged in the manner required by the contract. When seller has failed to deliver goods which are confirm with the contract, buyer may have one of the two rights of damages and the price reduction according to UNCCIS provided that he does not choose the avoidance. But, since the character and position of the price reduction as a buyer's remedy are not sufficient solutions, more detailed review on this point is required. Third, Seller's duty to provide documents is very important for overseas trade, but UNCCIS does not provide any specific buyer's remedy in comparison with the other remedy and also does not provide any stipulation on the Letter of Credit which have important roles for a device of setting payment in overseas trade. This means that trade customs and practice have not sufficiently reflected in UNCCIS. As the problems mentioned above may decrease the evaluation of buyer's remedy in UNCCIS and, furthermore, that of UNCCIS itself, proper solutions on these points are needed.

• The Journal of Society for e-Business Studies
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• v.16 no.4
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• pp.17-31
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• 2011

Damage caused by private information breach causes serious problems and huge social losses. In order to make a better policy that prevents society from suffering from the damage, we have to know about the actual size of damage. So it is needed to develop a quantitative model of private information breach that helps catching the more accurate size of damage. In our study, we suggest a method which calculate not only the costs of damage from firms' perspective but also those from individual and social perspectives. In this process, we refer to methods adopted by JNSA(Japan Network Security Association) and Ponemon Research Institue and modify it with considering our current situation. Also we try to make a new model by using new methods(web traffic analysis, survey, indirect comparison, etc.) and verify it with theories and methods from econometrics, cost accounting and theory of producer.

• The Korean Society of Law and Medicine
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• v.9 no.1
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• pp.57-127
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• 2008

In medical malpractice lawsuits, negligence is generally defined as conduct that is culpable because it falls short of what a reasonable person would do to protect another individual from a foreseeable risks of harm. Thus, the essence of negligence is a breach of obligations to be attentive, and the breach of obligations to be is negligence. However, whether negligence is or not depends on time, place, litigation forms and the judge since the meaning of negligence is wavering on the basis of abstract and normative judgment. In this thesis, what is medical negligence, a breach of obligations of attention for a doctor in medical malpractice lawsuits, would be it further enacted that doctors have the responsibility to protect the patients as a subordinate duty due to a principle of faith and sincerity besides the main duty for medical contract-performance since the suit is a litigation form to be based on responsibilities of experts, especially doctors, though having factors that are non-contractual as a trait for medical treatment. Further on the concept, when the plaintiff asserts and proves a specific fact from the recent moderation of the burden of proof about medical malpractices, whether the court should find a true bill in medical malpractice actually or not has been discussed.

• The Journal of the Korea Contents Association
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• v.9 no.7
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• pp.325-332
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• 2009

The Korean real estate transaction makes a contract after the buying and selling person concerned agreed a business condition. As for vendee, business consists of the method that I issue documents before provision and money left over provision and the registration at the same time, and register a contract deposit in vendor. However, it latent for the real estate transaction various accidents such as fraud from a contract day to time to finish a real estate registration transfer, embezzlement, double contract by the breach of trust. Nevertheless vendee comes to match vendor by an asymmetry of the information one-sidedly to the front completing a registration transfer. I may prevent stellionate by the breach of trust of vendor if I use an ESCROW system in such a responsibility blank state.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.23 no.4
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• pp.374-383
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• 2013

Objectives: The major objective of this study is to review overall and in detail the Corporate Manslaughter and Corporate Homicide Act 2007 in the U.K.and the principal contents of this act. Methods: A variety of articles related to the background and circumstances under which the legistration was enacted and the details of this act were investigated and analyzed. Results: In enacting Corporate Manslaughter and Corporate Homicide Act 2007, legislators mainly took elements of legal culture into account and focused on seeking to broaden the law on corporate manslaughter. An indictable offence is considered to have been committed if the way in which an organization's activities are managed or organised causes a person's death and amounts to a gross breach of the relevant duty of care owed by the organization to the deceased. The way in which its activities are managed or organized by its senior management is a substantial element in the breach. Upon conviction, a corporation may be ordered to remedy any breach, publicize its failures, or be given an unlimited fine. Conclusions: The enactment background and details of Corporate Manslaughter and Corporate Homicide Act 2007 is understood accurately. On the basis of the findings, it is necessary to heighten effectiveness of punishment.for senior management or corporations that cause a person's death in Korea.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.23-42
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• 2018

This study compares the SGA and CISG to find out the difference of the criteria for calculating damages. and it intends to give some important points in trade practice. The damages is intended to compensate the victim for the breach of contract but there are differences between SGA and CISG as follow. First, the SGA and CISG have the same purpose of claiming damages. Both laws and regulations are subject to a full indemnification to compensate for the breach of the contract by the amount equivalent to the loss suffered by the victim. Second, in the general principle related to the calculation of damages, both law enforcement officials are required to be able to predict damages caused by breach of contract. In the case of SGA, however, a foreseeability test or remoteness of damages is required for the relationship between the contract violation and the loss. In other words, it can be said that the causal relation between the contract violation and the damage is strictly applied rather than the CISG. Finally, both laws and regulations of SGA and CISG have a big difference in criteria for calculating damages. In the CISG, after the contract is canceled, it is classified according to the existence of the alternative transaction and the damage amount is calculated based on the contract price. On the other hand, the SGA estimates the loss based on the market price at the delivery of the goods, reflecting the change in the market price instead of the contract price of the goods.

• International Commerce and Information Review
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• v.12 no.4
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• pp.385-404
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• 2010

The purpose of this article is to examine the Delays of Performance under UN Convention on Contracts for the International Sale of Goods. In theory, there exist three clearly distinguishable categories of breach of contract, namely non-performance, non-conforming performance and late performance. In particular, delays of performance are the most common breach of sales contract including late delivery, late payment or late performance of any other obligation. In this regard, this article examines how parties can, through careful drafting, avoid or minimize legal problems in case of delay in performance. Especially, the export perspective focuses on the seller's interests, which require that sanctions be as lenient as possible if the seller has breached the contract but that there are prompt and adequate sanctions if the buyer has breached the contract. Furthermore, the seller should ensure that a short or medium delay in delivery will not entitle the buyer to declare the contract immediately avoided and take precautions against late payment, including delayed opening of a letter of credit.

• Journal of Korea Water Resources Association
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• v.31 no.2
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• pp.189-198
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• 1998

Five dam-break floodwave models are t재 field data sets. The models included FLDWAV, SMPDBK, HEC-1, Tr66, and HEC Dimensionless Graph. The field data sets documented the disasters at Teton dam, and Yeunchun dam. The FLDWAV results are uesd to test the sensitivity of the floodwave to variations in Manning's roughness coefficient, breach size, and bottom slope. The HEC-1 analysis includes testing the sensitivity of the results to model parameters. The TR66 model and FLDWAV, with channel routing by TR66 in both cases. SMPDBK and the Dimensionless Graph procedure are applied without particular difficulties being encountered in both real world cases. It is necessary to analyze numerical limit of existing numerical models and then to apply the relatively accurate numerical model in real basin. It is found that FLDWAV model is superior in numerical accuracy and stability to any other model. This study will contribute to improve defect of numerical models and develop more precise numerical model for a efficient and rapid dam breach flood disaster predict.

• Journal of Information Technology Services
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• v.15 no.4
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• pp.41-62
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• 2016

In Internet of Things (IoT) era, more diverse types of information are collected and the environment of information usage, distribution, and processing is changing. Recently, there have been a growing number of cases involving breach and infringement of personal information in IoT services, for examples, including data breach incidents of Web cam service or drone and hacking cases of smart connected car or individual monitoring service. With the evolution of IoT, concerns on personal information protection has become a crucial issue and thus the risk analysis and management method of personal information should be systematically prepared. This study shows risk factors in IoT regarding possible breach of personal information and infringement of privacy. We propose "a risk analysis framework of protecting personal information in IoT environments" consisting of asset (personal information-type and sensitivity) subject to risk, threats of infringement (device, network, and server points), and social impact caused from the privacy incident. To verify this proposed framework, we conducted risk analysis of IoT services (smart communication device, connected car, smart healthcare, smart home, and smart infra) using this framework. Based on the analysis results, we identified the level of risk to personal information in IoT services and suggested measures to protect personal information and appropriately use it.

• Asia-Pacific Journal of Business
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• v.11 no.2
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• pp.119-132
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• 2020

Purpose - This study seeks to deepen our understanding of abusive supervision and its negative consequences on subordinates. Specifically, it examines the underlying psychological mechanism between abusive supervision and subordinates' work engagement, in particular with its focus on the mediational role of psychological contract breach. Design/methodology/approach - Following the two rounds of pilot interviews, this study collected and analyzed 182 survey data from one construction company and one hospital - the sectors in which abusive supervision is known to be frequent, with one-month interval to avoid common methods variances. Findings - We have two key findings. First, abusive supervision is negatively related to subordinates' work engagement. Second, the psychological contract violation mediates the relationship between abusive supervision and subordinates' work engagement. Research implications or Originality - This study enriches extant research on abusive supervision by deepening our understanding of the underlying mechanism in which abusive supervision causes negative outcomes. On a practical note, companies need further efforts to address abusive supervision, for example, by introducing sophisticated HR practices, including accessible grievance procedures and more serious disciplinary actions, and/or by offering leadership educations to supervisors.