• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.14
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• pp.177-218
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• 2000

Global Electronic Trading means that trading partners trade each other via Global Electronic Trading Network, that is, global business to business electronic commerce. Recently, where the cargo arrives ahead of the B/L, the importer cannot take delivery of the cargo without the B/L. This situation is referred to as the B/L dilemma. But the BOLERO system will resolve this B/L dilemma. Bolero Project is developing a cross industry utility platform for the secure, electronic transfer of commercial trade information world wide. After the successful testing of an original pilot project, The Bolero Association was formed in 1995 by a group of interested cross industry companies. As a joint venture between SWIFT and TT Club, bolero.net is changing the way the world trades by providing a web-based, paperless mode of commerce that is designed to become a global standard. Bolero International Limited published the first edition of Bolero Rulebook in 1999. The Bolero Rulebook as amended from time to time, governing the relationship between Users and their rights and obligations arising from the Bolero system. The Bolero service will be governed by a multilateral contract called the Bolero Rule Book which specifies the rights and responsibilities of Bolero and its users. The Title Registry and Bolero Bill of Lading provide a fully functional equivalent to the paper bill of lading. The Bolero Bill of Lading can be created, transferred, amended, and surrendered by way of designating to order party, blank endorsement, refusal by the transferee etc. Thus, this study deals with the functions of Bolero Bill of Lading and the problems and solutions in the Bolero Bill of Lading in point of definitions and operation under the Bolero Rulebook.

• Journal of Powder Materials
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• v.24 no.6
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• pp.450-456
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• 2017

Reaction-bonded silicon carbide (RBSC) is a SiC-based composite ceramic fabricated by the infiltration of molten silicon into a skeleton of SiC particles and carbon, in order to manufacture a ceramic body with full density. RBSC has been widely used and studied for many years in the SiC field, because of its relatively low processing temperature for fabrication, easy use in forming components with a near-net shape, and high density, compared with other sintering methods for SiC. A radiant tube is one of the most commonly employed ceramics components when using RBSC materials in industrial fields. In this study, the mechanical strengths of commercial RBSC tubes with different sizes are evaluated using 3-point flexural and C-ring tests. The size scaling law is applied to the obtained mechanical strength values for specimens with different sizes. The discrepancy between the flexural and C-ring strengths is also discussed.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.25-46
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• 2015

The purpose of this paper is to provide a legal implication about conformity of goods in the international commercial transactions. There are so many legal relationship after the formation of contract. The most of important thing among the obligations of seller is to provide conformal goods which are of quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. If seller violate above duties, seller take the warranty liability. However, CISG describe the conformity of the goods instead of the warranty as follows. First, CISG Art.35(1) states standards for determining whether goods delivered by the seller conform to the contract and Art.35(2) describes standards relating to the goods' quality, function and packaging that, while not mandatory, are presumed to be a part of sales contracts. Article 35(2) is comprised of four subparts. Two of the subparts (article 35(2) (a) and article 35(2)(d)) apply to all contracts unless the parties have agreed otherwise. Second, CISG Art.36 and 38 deals with the time at which a lack of conformity in the goods must have arisen in order for the seller to be liable for it. If seller lack of conformity becomes apparent only after that time, seller is liable for a lack of conformity existing when risk passed to the buyer. Third, CISG Art.49 describe that a buyer who claims that delivered goods do not conform to the contract has an obligation to give the seller notice of the lack of conformity. The most of important things about CISG articles and precedents is that buyer is aware of the lack of conformity and notice it to seller. Failure to satisfy the notice requirements of article 39 eliminates a buyer's defence, based on a lack of conformity in delivered goods, to a seller's claim for payment of the price. Consequently, parties of contract had better agree to the notifying times about lack of conformity. Also, If seller fined the non-conformity, seller has to notify this circumstance to the buyer within short period or agreed time.

• Review of Korean Society for Internet Information
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• v.14 no.3
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• pp.68-77
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• 2013

This article consists of 3 parts. Part I is multi stakeholder approach on Internet governance system. Part II is analysis of the Korean Internet governance system. In this part, I explain relevant laws in Korea, including Korean Internet Address Resources Act. Part III is my suggestion on Korean Internet governance system using a multi stakeholder approach. First of all, the keyword of the Internet governance system is decision making process: that is, consensus based versus top-down approach. Then who are major players in Internet governance in national level? Government, or Private sectors such as business and civil society. Korean legal system for Internet governance shows a top-down decision making process. Major players are the government (that is, Ministry of Science, ICT and Future Planning) and KISA affiliated with the government. Other players include Internet Address Policy Committee, Korea Internet Governance Alliance, and NGOs. The key statute for Internet governance in Korea is Internet Address Resources Act of 2004. Articles 3 and 5 require the Ministry of Science, ICT and Future Planning to take a proactive role in Internet governance. The government shall consult with the Internet Address Policy Deliberation Committee for Internet governance. Yet this Committee is established under the control of the Ministry of Science, ICT and Future Planning. All members of this Committee are also commissioned or nominated by the Chairman of the Ministry. Meanwhile, there are also non-official organizations, including Sub-committee on Address & Infrastructure of Korea Internet Governance Alliance. I suggest to reform decision making process of Korean Internet governance system based on BOTTOM-UP process for CONSENSUS BASED DECISION. My suggested system includes the following: (1) The government hands over a major role in Internet governance to INDEPENDENT Internet policy organization. And the government participates in such organization as ONE of the players. (2) Nomination of this committee member must be bottom-up process for a genuine multi-stakeholder model including civil society, commercial organization, end-users and experts. (3) The government should establish plan for supporting the private sector's international activity on the long-term basis.

• Economic and Environmental Geology
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• v.29 no.3
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• pp.325-333
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• 1996

numerical model is developed to estimate gas flow in the landfill site. Darcy's law, the mass conservation law, and the ideal gas state equation are combined to compose the governing equation for the steady-state and transient-state gas flows. The finite element method (FEM) is used as the numerical solution scheme. Two-dimensional radial symmetric triangular ring element is used to discretize the simulation domain. The steady state model developed in this study is compared with AIRFLOW that is a commercial model developed by Hydrologic Inc. Mass balance test is performed on the transient gas flow simulation. The developed model is applied to analyze the gas extraction experiment performed by Daewoo Institute of Construction Technology at the Nanjido landfill in 1993. The developed model was registered at Korea Computer Program Protection Foundation.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.72
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• pp.1-24
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• 2016

This study focused on getting clear understanding on the legal bases in terms of plurality of obligors and plurality of obligees through a analysis the PICC(2010) which has been standing firmly as the general principles of international commercial contract. Related to the title of this paper, PICC are dealing with not only plurality of obligors but plurality of obligees. The contents of the former are as follows; presumption of joint and several obligations and obligee's rights against joint and several obligors (arts.11.1.1, 11.1.2, 11.1.3), availability of defences and rights of set-off and effect of performance and set-off (arts.11.1.4, 11.1.5), effect of release or settlement and effect of expiration or suspension of limitation period (arts.11.1.6, 11.1.7), effect of judgment (art.11.1.8), apportionment among joint and several obligors and extent of contributory claim (arts.11.1.9, 11.1.10), rights of the obligee, defences in contributory claims, inability to recover (arts.11.1.11, 11.1.12, 11.1.13) and so on. On the other hand the contents of the latter are as follows; definitions (art.11.2.1), effects of joint and several claims (art.11.1.2), availability of defences against joint and several obligees (art.11.2.3), allocation between joint and several obligees (art.11.1.4). The main subjects are one is when several obligors are bound by the same obligation towards an obligee, the obligations are joint and several when each obligor is bound for the whole obligation, the obligations are separate when each obligor is bound only for its share and the other is when several obligees can claim performance of the same obligation from an obligor, the claims are separate when each obligee can only claim its share, the claims are joint and several when each obligee can claim the whole performance and the claims are joint when all obligees have to claim performance together.

• The Journal of the Korea Contents Association
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• v.13 no.7
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• pp.158-167
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• 2013

This research examines the legal liability of place-shifting of TV contents by the use of the Slingbox. The place-shifting of TV contents is fair use because it is a non-commercial private use based on the relevant case law regarding time-shifting and device-shifting such as Sony, RIAA and Napster. But the sharing of place-shifting function is likely to be liable for copyright infringement. And place-shifting may not be fair use based on the cases which denied fair use of time-shifting and space-shifting because the consumers' convenience for the use of the copyrighted work is against the purpose of legislation of copyright law. Place-shifting is unlikely to have a significant effect on the potential market for TV contents because it presents lucrative new platforms to disseminate TV contents to computers and mobile devices. However it is likely to have negative effect because various devices can be the follow-up marketplaces of the copyright holders of TV contents. This study proposes the "innovative medium defense," a new doctrine to analyze liability of innovative media.

• Korean Security Journal
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• no.29
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• pp.7-34
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• 2011

Achieving high-level technology in fields such as IT-related industry, semiconductors, mobile phones, LCD, automobile, shipbuilding, etc., Korea has become an international market leader in those fields. In results, there are the increasing numbers of technology leakage attempts in various manners. Recently, technology leakages are not limited to illegal industrial espionage, but also occur during usual corporate proceedings such as technology transfer, joint research and M&A. In fact, there was a technology leakage issue in the M&A between Ssangyong Motors of Korea and Shanghai Motors of China. Current M&A regulations of Korea are not independent laws, but are spread over various laws, such as commercial law, Capital Markets and the Financial Investment Services Act, Foreign Trade Act, etc. This paper focuses on whether the current Korean regulations regarding M&A are able to effectively restrict the leakage of major information of corporate during M&A and seeks the complements.

• Journal of English Language & Literature
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• v.54 no.2
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• pp.281-299
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• 2008

The main purpose of this essay is to suggest that Faulkner's "pro"-lynching letter published in Commercial-Appeal in 1931 does not contradict his antilynching works such as "Dry September," Light in August, Go Down, Moses, and Intruder in the Dust. In the letter, Faulkner writes, "they [lynching mobs] have a way of being right." The remark has been interpreted as the expression of Faulkner's sympathetic attitude toward lynching mobs; however, it can be also seen as Faulkner's observation and criticism of the southern white people's structures of feeling in his time that stubbornly justified lynching as a way to do justice to black people who did "not" deserve to be a legal subject. This essay argues that Faulkner understood that the legislation of anti-lynching law alone could not save black people from the violence of lynching as far as white people believed that black people were not their equals and that lynching was a right means to fulfill social justice. Faulkner's fictions such as Light in August and Go Down, Moses provide moments in which white male characters feel as if they were social others, and their experiences work as an ethical urge for them to stand up for social others. This essay illuminates how Faulkner depicts the process of white male characters' identity formation as a violent break from his strong tie with black friends, how they reverse the process to blur the border again through the experiences of becoming-other, and how the experience of becoming-other has a potentiality to play the role of an ethical agency in stopping the custom of lynching in the South.

• Journal of Arbitration Studies
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• v.30 no.4
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• pp.163-177
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• 2020

There are several ways to implement charter parties in the operation of the vessel. Under the time charter party, the charterer borrows the vessel from the shipowner and uses the vessel to benefit his business. The time charter party's legal relationship can be divided into internal and external relationships. This article deals with an internal relationship. The legal matters between the shipowner and charterer are regulated by the agreement. The NYPE is the most widely circulated type of time charter party. According to the NYPE, navigational matters fall upon the shipowner while business matter falls upon the time charterer. There are vague parts in interpreting NYPE articles. NYPE Art. 8, called the employment clause, is one of them. The Master employed by the shipowner should follow the order of the charterer. Whether the charterer has the right to order the Master of the vessel to follow the navigating route recommended by him was addressed in the Hill Harmony case by the UK Supreme Court. The court was affirmative. Under the Ocean Victory case, whether the time charterer has an obligation to order the Master to go out to escape heavy weather from the berth at the port was at issue. The Japanese lower court decided negatively. There is a tendency that many countries insert default rule in the maritime law to apply it to the case at issue in a case where there is no agreement. It serves the enhancement of legal stability; China, Japan, and Germany are such countries. The author thinks that Korea should follow the above three countries' revision of their maritime law.