• Journal of the Korean Institute of Navigation
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• v.15 no.3
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• pp.35-51
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• 1991

The primary purpose of this study is to point out the rising problem from which the insured value is remarkably different from the sound value of the ship in the Institute Time Clauses-Hulls(1. 10. 83.) and that of the ship in the Marine Insurance Act, 1906. Its secondary purpose is to suggest remedial methods for these problems and to contribute to the reduction of premium for shipowners.

• Language and Information
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• v.3 no.1
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• pp.97-111
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• 1999

This paper examines Case alternation within DP. Four previous accounts dealing with Case alternation within DP will be critically examined. We conclude that a phenomenon looking like Case alternation within Korean DPs is not an instance of Case alternation. We argue that the genitive subject within such DPs is actually in the Spec position of a Small Clause, which involves a verb movement into what is now called vP. From a cross-linguistic point of view, this analysis supports Harley & Noyer's(1997) argument that Gerunds are instances of Small Clauses.

• Language and Information
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• v.11 no.1
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• pp.25-38
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• 2007

So-called multiple nominative constructions (MNCs) in Korean are quite theoretically as well as computationally puzzling. This paper shows that a grammar allowing the interaction of declarative constraints on types of signs - in particular, constructions (phrases and clauses)-can provide a robust and efficient way of encoding generalizations for two different MNCs. The feasibility of the grammar developed has been checked with its implementation into the LKB (Linguistic Knowledge Building) system.

• Journal of the Korean Society for Library and Information Science
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• v.39 no.3
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• pp.139-163
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• 2005

Various corpus-based approaches, rhetorical roles of discourse structure, and unifications of similar sentences were applied to construct the automatic Ext/Sums(extracts and summaries). Rhetorical roles of sentences like objective, method, background, result, conclusion, etc. for making elastic Ext/Sums were established and extraction engines according to respective role were prepared. The $90\%$ of Success rate in extracting the important sentences of sample articles was accomplished. Rearranging the selected sentences, it used unification of similar sentences using the cosine coefficient equation, deletion of unnecessary modification and insertion clauses, junction of short sentences, and connection of sentences able to link. They suggest the methods applying rhetorical roles of sentences, meaning and signature of noun and verb in clauses, and cue words and location will be researched to construct the more effective Ext/Sums.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.287-291
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• 2002

A construction claim is generally caused by several causes, and in the case of developed countries, the most fundamental problem in most claims is a delay claim. Also, it is predicted that the trouble will increase by this one in a domestic case as well. Even though the construction claims occurred by the delay claim are the most frequent ill construction project, it is very difficult to analyze due to the complexity of occurring forms. Therefore, the rational judgement and the solving method need to be concerned through the accurate understanding the clauses accepted in a international contract execution and a domestic contrail when the claim occurred. The purpose of this study is to present problems and improving methods by comparing FIDIC with a domestic accounting regulation in order to expand a general condition into the international contract condition.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.26
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• pp.35-86
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• 2005

International distributorship contract(IDC), as well as international agency contract is a type of contract which is most frequently used in international trade. But one of the main difficulties faced by parties of IDC is the lack of uniform rules for this type of contract. This means that both parties should be careful about each clause of the contract when they draw up it. The ICC prepared model form which incorporates the prevailing practice in international trade, and which aims at protecting and balancing the legitimate interests of both parties. This author examined the several important clauses in this model contract. The purpose of this examination is to help the contracting parties for better understanding and applying them in their actual contracting practice, which based on this model contract. When the supplier and the distributor execute their contract or use ICC Model Contract, they should be careful about the following points: First, some terminologies(like, "territory", "product", "competing products" and "exclusivity") should be clearly defined in their contract. Second, regarding the supplier's functions including "supplying products" and the distributor's responsibility including "undertaking not to compete", and "attaining guaranteed minimum targets", both parties should make clear about each party's right and obligation as well as one party's remedies available when other party makes breach of its obligation. Third, both parties should examine the relationship between the "exclusivity" or "sole" and competition law which is regarded as a mandatory rule in the territory. Forth, when both parties lay down "termination clause" in the contract, they should make clear about the indemnity in case of termination. Fifth, as there is not uniform law for the distributorship contract, it is inevitable to choose any local law as an applicable law in case of litigation. So both parties should keep in mind to insert arbitration clause to avoid the application of the local law. Besides, both parties should consider their individual and specific circumstances and try to reflect them in their contract by Annex I to XI attached to the end of model contract.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2007.12a
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• pp.117-118
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• 2007

This paper was provided to apply the ITC-Hulls Clauses & ISM Code for the accident of sunken ship which was occurred by seamen's barratry. For the causes of the sunken accident, the underwriter insisted that shipowner submerged the vessel intentionally for the purpose of the insured amounts, while shipowner protests that the ship was submerged because of crews faults. In this connection, the judge sentenced that this accident was caused by humans errors as the Provisions of 6.2.4 of ITC-Hulls, however shipowner is responsible for hiring onboard qualified seafarers and carrying out the due diligence for performing ISM Code for ensuring ship's safety and seaworthiness.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.21
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• pp.3-37
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• 2003

English law accepts the basic principle of freedom of contract that the parties should be free to agree on any terms that they like unless their agreement is illegal or otherwise contrary to public policy because it infringes some public interest. On the other hand, it has been limited for hundreds of years on the basis that certain contract terms, particularly in standard form, may alter a distribution of risks that the customer would reasonably intended. The alteration may often result from his simple ignorance caused by either lack of opportunity to become aware of clauses or inability to understand their full potential implications. In addition, it may also result from disparity in bargaining power which does not allow the customer to look after their own interests even if he is fully aware of the unacceptable clauses. In response to this problem, English law has employed both judicial and statutory intervention techniques to control unfair contract terms. This study describes and analyzes in detail how English law regulates such terms, particularly, in standard form, in order to provide legal advice to our sellers residing either in UK or in Korea who plan to enter into UK markets. It also attempts to explore any problem in the existing double legislations of UCTA and UTCCR and put forward future direction of English law in light of the Draft Unfair Terms Bill which was currently proposed by the Law Commissioners. The main concern of this paper will be confined to some of the various aspects of both judicial and statutory control of unfair contract terms in English law which may draw our attention in terms of domestic or international business sales.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.33
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• pp.221-243
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• 2007

A party to a contract is bound to perform its contractual duties. But outside events may make performance impossible, physically or legally. In such a situation a party may wish to plead "force majeure" as an excuse for failure to perform. The laws of most countries have provisions which dealt with force majeure. These provisions, however, vary from country to country and may not meet the parties' requirement in international contracts. Therefore, parties to international contracts are frequently in need of contract clauses on force majeure. There are many force majeure clauses in standard forms or individually negotiated. The ICC has drawn up provisions which aim at providing assistance for parties when they are making contracts. The force majeure clause grants relief from contractual sanctions and includes provisions for suspension and termination of contract. The purpose of this study is to examine "ICC Force Majeure Clause 2003" in the international sales contract. For this purpose, firstly this study deals with the major contents of the ICC Force Majeure Clause 1985 and 2003. Secondly this study considers the related provisions under CISG, PICC, PECL and the force majeure clause in Model International Sale Contract. Thirdly this study compares ICC Force Majeure Clause 2003 with the relative provisions under CISG, PICC, PECL and the force majeure clause in Model International Sale Contract. It should be noted that the parties often need to adapt the content of this clause so as to take account of the particular circumstances of the individual contract. This paper contributes to help the parties to a contract to draft the meaningful "Force Majeure Clause" containing more precise and elaborate provisions.

• Journal of Arbitration Studies
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• v.19 no.2
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• pp.197-227
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• 2009

This study describe the brief history and current statutes of Philippine arbitration. The practice of arbitration in the Philippines can be traced as far back as the barangay. From 1521, Spanish Civil Code became effective in the Philippines. During this period, the Supreme court was discouraged by the tendency of some courts to nullify arbitration clauses on the ground that the clauses ousted the judiciary of its jurisdiction. According to the growing need for a law regulating arbitration in general was acknowledged when Republic Act No.876(1953), otherwise known as the Arbitration Law, was passed. In 1958, the Philippines became a signatory to the New York Convention and in 1967 the said Convention was ratified. But no legislation has been passed. As a consequence, foreign arbitral awards have sometimes been deemed only presumptively valid, rather than conclusively valid. Fifty years after, the Philippine Congress enacted, Republic Act No. 9285, otherwise know as the Alternative Dispute Resolution Act of 2004. The enactment was the Philippines solution to making arbitration an efficient and effective method specially for international arbitration. To keep pace with the developments in international trade, ADR Act of 2004 also ensured that international commercial arbitration would be governed by the UNCITRAL Model Law on International Arbitration and also fortified the use and purpose of the New York Convention by specifically mandating. If the international commercial arbitration will be revitalization in the near future in the Philippine, it will be shown that the model law's comprehensive provisions will give the beat framework for arbitration.. The writer expect that Philippines continues in its effort to be the premier site for international arbitration in Southeast Asia.