• 한국중재학회지:중재연구
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• 제17권1호
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• pp.77-95
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• 2007

This article focuses on the history and evolution of the US court's attitude towards unilateral arbitration and dispute resolution clauses, but also considers the practical approach of national courts to theses clauses. It goes on to consider some potential pitfalls in the operation of unilateral clauses, which should be borne in mind when developing a strategy for bringing or defending a claim which falls within the scope of a unilateral clause. There can be few objections to the general validity of unilateral arbitration clauses. The principle of party autonomy is the driving force behind international arbitration and, provided it is tolerably clear that the parties intended the arbitration clause to operate unilaterally, courts should be reluctant to interfere with the parties' agreement. There are also no persuasive public policy reasons why such clauses should not be upheld in commercial agreements. In addition to the issue of whether such unilateral clauses are permissible under certain law, it is important to be aware of how they should properly operate in practice, that is, useful guidance on the subject of the proper operation and effect of such clauses where they are intended to be used to enable a party to decide whether, and in what circumstances, a claim should be referred to court or to arbitration.

• 무역상무연구
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• 제43권
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• pp.275-295
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• 2009

After a long period of development and worldwide consultation, the London-based Joint Cargo Committee has revised the Institute Cargo Clauses (A), (B) & (C) and some ancillary Institute Clauses. The revision mainly include a clarification of the exclusions within the clauses, some modernization of the language of the clauses and new definitions of some terms. With these revisions, the coverage is widened to offer more protection to the assured. This may enable the widely used Institute Cargo Clauses to receive even greater worldwide acceptance. The following are the main changes in the new 2009 ICC compared with the 1982 ICC. 1. Insufficient or unsuitable Packing or Preparation(Clause 4.3): The revised clause is more favourable to the assured because under the revised clause this sub-clause is only applicable to (a) where packing or preparation is carried out by the assured or their employees or (b) packing or preparation takes place before the attachment of the risk. 2. Insolvency or Financial Default (Clause 4.6): The insolvency and financial default wording is incorporated in the revised clauses, making it more favourable to the assured. 3. Unseaworthiness (Clause 5): The revision is more favourable to the assured in that it limits the exclusion in relation to the unfitness of vehicles, vessels or containers to cases where the assured or their employees are privy to such unfitness. 4. Terrorism (Clause 7): A new definition of "terrorism" is introduced and the revised clause also widens the acts of an individual to encompass ideological and religious motives.

• 음성과학
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• 제14권4호
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• pp.53-64
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• 2007

This paper attempts to verify the theoretical claims in Syntax ($Bo{\check{s}}kovi{\acute{c}}$ & Lasnik, 2003; Kim, 1999, 2004) about the phrasing in English that-clauses, presenting an acoustic experiment conducted to observe the patterns of edge tones at the boundaries of that. In the experiment, two different that clauses, complement and relative clauses, were varied in forms (that-retention, that-deletion, adverb insertion before that) and length. Results showed that edge tones, if occurred, mostly showed up before the complement clauses in that-deletion sentences (67%), and that their positions polarized in adverb insertion sentences (56% before toot and 44% after toot). In the relative clauses, phrasing mostly occurred before toot as opposed to after toot in that-retention (73%) and adverb insertion sentences (87%). Additionally, phrasing tends to occur more frequently as the sentences get longer. The results suggest that the previous claims based on syntax are not consistent with the results of the current phonetic experiment. This may be interpreted as stating that syntactic boundaries do not always indicate phonetic phrasing, and that there may be some other factors to determine phrasing patterns, for example, rhythmic phrasing operating at the surface level of speech.

• 한국언어정보학회지:언어와정보
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• 제19권1호
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• pp.37-57
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• 2015

This paper is primarily intended to provide a new insight on which the structural properties of As-Parenthetical constructions shown by Potts (2002) might be regarded as cross-linguistically common one. As a first attempt, it introduces the characteristics of Korean As-Parenthetical by carefully investigating them through the data, focusing on the similarities or differences between two languages with a constructional theoretical perspective. The paper here provides three properties of Korean as-clauses in the morphological and syntactic aspects. First, the morpheme 'as' in English as-clause would be realized as three different morphemes as a bound one. Korean as-clauses can be introduced by three different morphemes, '-tusi, -chelem, -taylo' and unlike that in English as-clauses, they behave as bound morphemes which do not stand alone. Even though they are attached into different morpho-syntactic stems, they do not make any meaning change only under this clause. Secondly, two syntactic types of as-clauses can also be found in Korean, similarly to those of English: CP-As type and Predicate-As type, depending on which types of gap they involve in. English has one more subtype of Predicate-As type (called inverted Predicate-As clause), while Korean does not show this subtype. Thirdly, the various mismatches attributed by the gap and the antecedent come from the constructional restrictions of as-clauses in Korean. In addition, the paper attempts to display various ambiguities from the as-clauses through disjoint references or negative sentences in As-Parenthetical constructions.

• 무역상무연구
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• 제47권
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• pp.319-335
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• 2010

The purpose of this study is to make clean the scope of insurer`s liability through theoretical interpretation and to understand some problems of various excluded risks in law and clauses relating to marine cargo insurance. This study suggest the problems related with the interpretation of the excluded risks in law and clauses. Through continued study on the excluded risks in law and clauses, we should make a system which will satisfy the assured in making the insurance contract.

• 한국어교육
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• 제28권4호
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• pp.273-296
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• 2017

This study focuses on a review of Hangeul orthography guidelines in Korean language regulations. It is indispensable to revise the guidelines thoroughly because it has been more than 80 years since a unified plan of Korean orthography was established in 1933, which the current orthography is based on. Also, it has been approximately 30 years since 1989, when the current guidelines were issued and promulgated. The viewpoint towards this review reflects the requirements by education fields of Korean as a foreign language and modern Korean users. Hangeul orthography consists of six clauses, along with an appendix regarding punctuation marks: 1) general rules, 2) consonants and vowels, 3) related to sounds, 4) about forms, 5) spacing between words, and 6) miscellaneous. This paper examined individual clauses and specific usages of the clauses, in terms of Korean as a foreign language. Based on the review, this paper suggests the following tasks in order to establish a draft of Hangeul orthography for foreigners. A. Among the individual clauses, some clauses that embody vocabulary education aspects should be addressed in a Korean dictionary, and deleted in Hangeul orthography guidelines. B. The clauses of Hangeul orthography guidelines should be edited for revision and substitution where necessary. C. The usage of individual clauses should be replaced with more appropriate examples aligned with everyday conversation. D. In order to establish 'Hangeul orthography for foreigners', linguists should continuously review several chapters and the appendix of Hangeul orthography, such as components about forms, spacing between words, miscellaneous, and punctuation marks. The purpose of this review is to pursue the simplicity of Hangeul orthography guidelines and the practicality in terms of reflecting more realistic examples. This review contributes to facilitate Korean language usage not only for non-native learners, but also native users.

• 무역상무연구
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• 제43권
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• pp.337-370
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• 2009

The Joint Cargo Committee of International Underwriting Association of London (IUA) and Lloyd’s Market Association (LMA) have issued the revised version of Institute Cargo Clauses A, B, C, Institute Cargo Clauses (Air) and their accompanying War and Strikes Clauses. The Institute Cargo Clauses ("ICC") were last revised in 1982. Following a two year long consultation process, the latest edition of the ICC clauses became available to the Market on 1st January 2009. The overall result of the amendments to the 1982 ICC has been to create clearer policies that are more favourable to the Assured. Exclusions have also been amended to the advantage of the assured. The Transit Clause has seen a large revision, again more favourable to the Assured. The insurance now attaches within the warehouse or place of storage when the goods are "first moved$\cdots$ for the purpose of the immediate loading into or onto the carrying vehicle or other conveyance for the commencement of transit" whereas previously the insurance would not attach until the goods left the warehouse. Furthermore, the insurance now terminates on completion of unloading from the vessel at (rather than delivery to) the final warehouse or at a warehouse prior to the destination named in the contract of insurance which the Assured or their employees elect to use either for storage or distribution.

• 아시아태평양코퍼스연구
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• 제1권1호
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• pp.31-60
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• 2020

This paper investigates changes in relativization in Singapore English broadsheet newspapers from 1993 to 2016. One of the first diachronic studies in Singapore English (SgE), it also explores corresponding data from the diachronic Siena-Bologna (SiBol) news corpus. As SgE is in the endonormative stabilization phase in Schneider's (2007) Dynamic Model of postcolonial Englishes, divergence from British English (BrE) is to be expected. In this study, the dataset is a new Singapore English Newspaper (SEN) corpus compiled from local news articles in 1993, 2005 and 2016, and the corpus tool employed is Sketch Engine. The results reveal changes in relativization practices in SEN over the given period, many of which occur in a similar pattern as those identified in SiBol, albeit at varying rates of change. Most significant of these include a sharp decline in the which relativizer in restrictive relative clauses with non-animate antecedents, complemented by a rise in that. The change has been so rapid that although which relative clauses were more common than that clauses in 1993, that has subsequently overtaken which for both the corpora. One shift in SEN that is different from SiBol is the increase in frequency of non-restrictive relative clauses in SgE. The likely motivators for the changes in the two varieties are identified as colloquialization, densification and prescriptivism. The effect each of these factors could have had on the varieties are discussed, as well as the implications that the findings have on our understanding of the evolutionary status of SgE as a postcolonial variety.

• 무역상무연구
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• 제61권
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• pp.93-111
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• 2014

In this article, I have reviewed the validity of the Retla Clauses in bills of lading. In Tokio Marine(1970), US courts have permitted carriers to include Retla Clauses in their bills of lading that essentially disclaim all responsibility for the required statement. Simon J in The Saga Explorer(2012) disagreed with the decision of no representation in Tokio Marine and held that the statement with the Retla Clauses made on the bills of lading as to the cargo's apparent condition was a fraudulent misrepresentation. Simon J also requested a strong carriers' honest conduct. However, because the shippers always request the clean bill of lading for trade purpose and never call for a substitute bill of lading showing the true condition of goods, carriers will inevitably continue to clause bills of lading if they have no other better way of protecting themselves in the situation of Tokio Marine or The Saga Explorer. For the present, the decision of misrepresentation in The Saga Explorer might be helpless to change the position of the assignees of the bills of lading. And it seems that the debate on the validity of the Retla Clauses in bills of lading will be continued for the time being. In these circumstances, if the buyers hope to void the potential dispute, they may have a special agreement in the sale of goods contract, for example, requiring a pre-shipment inspection of the goods so as to know the actual condition of the goods on shipment.

• 대한토목학회논문집
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• 제42권3호
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• pp.439-448
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• 2022

최근 해외건설시장에 참여하고 있는 국내 중소하도급업체들은 하도급계약조건 중 리스크 세부조항의 중요성을 인식하지 못하여 지속적인 손해와 피해를 받고 있다. 따라서 하도급계약조건의 리스크 세부조항 도출의 필요성이 제기되었지만, 지금까지 선행연구는 발주자와 시공자간 표준건설계약조건의 리스크 세부조항 도출 위주의 연구만 수행하였다. 본 연구에서는 국제컨설팅엔지니어연맹(FIDIC)에서 발행한 2011년 표준하도급 계약조건 94개 세부조항을 대상으로 델파이기법을 통해서 세부조항의 영향력 크기를 기준으로 52개의 리스크 세부조항을 도출하였다. 또한, 최종적으로 발생도 및 영향도의 PI Risk Matrix를 통해서 33개의 핵심 리스크 세부조항을 도출하였다. 이러한 본 연구결과는 해외 하도급 건설공사 입찰 및 계약 체결 단계에서 계약적 리스크 최소화를 위해서 선행 검토가 필요한 핵심 리스크 세부조항에 대한 유용한 정보를 제공 할 것이다.