• 무역상무연구
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• 제66권
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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).

• 무역상무연구
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• 제47권
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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.

• 한국수자원학회논문집
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• 제34권2호
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• pp.155-167
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• 2001

본 연구는 하천제방의 마루폭, 비탈경사, 축조재료와 다짐도의 변화에 따른 월류로 인한 제방붕괴특성을 수리모형실험을 통하여 분석하였다. 전반적으로 제방붕괴양상에 가장 영향을 주는 특성치는 다짐도, 축조재료, 마루폭, 비탈경사의 순으로 분석되었다. 제방붕괴로 인한 붕괴부의 세굴깊이 및 형태를 검토하였으며, 다짐도와 비탈경사 등의 영향이 큰 것으로 나타났다. 본 실험을 통하여 제방축조시의 충분한 다짐과 적절한 축조재료의 선택이 제방의 붕괴지속시간을 지연시키고, 붕괴홍수량을 억제하는데 가장 효과적인 것으로 분석되었다. 본 실험에서 측정된 붕괴지속시간, 붕괴폭의 제방고에 대한 비 및 붕괴부 측면경사 등은 흙댐에 대하여 Singh, Fread 및 MacDonald 등이 제안한 범위에 해당됨으로써 이들 기준을 제방에도 적용할 수 있음을 확인하였다.

• 무역상무연구
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• 제42권
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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.

• 지식경영연구
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• 제18권4호
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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.

• 정보보호학회논문지
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• 제23권6호
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• pp.1207-1217
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• 2013

본 연구는 2010년 한국인터넷진흥원에서 조사한 "기업의 정보보호 실태조사"의 원자료를 패널데이터로 재구성하여 정보보호 투자와 침해사고의 인과관계를 분석하였다. 이중차분법을 이용하여 분석한 실증결과는 다음과 같다. 첫째, 정보보호투자가 침해사고를 줄인다는 통상적인 인과관계에 대해서는 유의미한 실증적인 근거를 발견하기 어려웠던 반면, 역의 인과관계, 즉 침해사고가 많은 기업이 정보보호 투자를 증가시킨다는 가설은 유의미하게 데이터에 의해 입증되는 것으로 나타났다. 둘째, 정보보호에 매우 민감하기 때문에 다른 업종에 비해 과감한 사전적인 투자를 수행하는 것으로 인식되고 있는 금융/보험업의 경우, 실증분석에 따르면 오히려 침해사고의 발생에 따라 사후적으로 정보보호 투자를 수행하고 있는 대표적인 업종으로 나타났다.

• 한국수자원학회논문집
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• 제34권2호
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• pp.141-154
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• 2001

본 연구는 하천제방의 마루폭, 비탈 경사가 월류에 의한 제방의 붕괴에 미치는 영향을 분석하기 위한 수리모형 실험으로부터 하천수의 제방월류에 따른 붕괴과정을 4단계로 구분하여 제시하였으며, 마루폭 및 비탈경사의 변화에 따른 붕괴폭, 깊이, 붕괴지속시간, 월류량 및 붕괴부 바닥세굴형태 등을 분석하였다. 전반적으로 제방마루폭이 넓고 비탈경사가 완만할수록 첨두월류량을 감소시키며, 붕괴 지속시간이 길어지는 결과를 보였다. 또한 마루폭이 넓거나 비탈경사가 급한경우에서 제방의 붕괴 폭은 좁고 붕괴깊이는 깊었으며 제방마루폭이 좁거나 경사가 완만할수록 바닥 세굴심이 질고 세굴웅덩이의 비탈경사가 컸다.

• 무역학회지
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• 제45권1호
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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.

• 무역상무연구
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• 제39권
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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.

• 물과 미래
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• 제22권2호
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• pp.223-231
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• 1989

하천제방의 붕괴로부터 발생하는 제내지의 침수현상을 월류(overtopping), 제체의 붕괴(breaking), 파이핑(piping) 등의 세경우로 구분하고, 각 경우에 대하여 제내지로의 유입량을 예측하는 해석모형을 제시하였다. 가상수치실험을 통한 월류 및 제방제체의 붕괴에 의한 하도-제내지간의 흐름의 특징을 해석한 결과 붕괴부의 폭이 유출량에 미치는 영향이 가장 큰 것으로 나타났으며, 붕괴시간이나 유량계수 등의 영향을 작게 나타났다.