• 통상정보연구
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• 제11권1호
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• pp.309-331
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• 2009

In 25th April. 2008, the Korea legislature gave advance notice on the Revision Bill of Commercial Law in Insurance Division in partial, one of which is the principle of utmost good faith to be codified in accordance with the effectuation of the Revision Bill enforcement. For this, even though the disclosure duty is not included in the Revision Bill, it should also be discussed in relation to the principle of utmost good faith because it is based upon the principle of utmost good faith and forms a part of utmost good faith. In Marine Insurance industry in Korea, there are the sections and the clauses in relation to the English governing law included in the Policies and the Clauses used in Korea and, also, they still come into effect for the Korea Courts' judgements. So. we, Korea, should carefully pay attention to the trend of English courts' leading case, academic world and insurance industry on the disclosure duty in U.K. This study is thus based upon sections 17 and 18~20 of the Marine Insurance Act 1906 and sections 651, 652 and 655 of Commercial Law in Insurance Division, which appear throughout this work. The objective of this work is to analyse the duty of disclosure on Korean and English Insurance Laws including cases cited in this work, comparing the differences resulted from the analysis of the two countries‘laws and legal cases.

• 통상정보연구
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• 제10권3호
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• pp.75-99
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• 2008

In the commercial transaction sellers use various sales strategies to increase profits, and this kind of sales strategies often causes damage to customers, it, moreover, is true that these examples happen in the electronic commercial market much more than in traditional one because of the characteristics if the electronic commerce. That's why people transact one another without face-to-face meeting in the electronic commerce market, so people one likely to fall for a trick to cheat and deceive. It's no doubt that the frequency of crime is higher than in face-to-face market. For that reason Cooling Off System, Consumer Compensation Insurance, Mutual Aid Association and Billing Payment Deposit System are in force the law related electronic commerce to protect customers' rights. In this paper it will be discussed about the periods of Cooling Off System and a received commodity notice of the Billing Payment Deposit System. Regarding these periods seven days for Cooling Off period and three days for a received commodity notice period are stipulated under the law of related electronic commerce to protect customers' rights, But each period has to be differentiated depending on each goods for this period to be reasonable and proper. Therefore in this study it will be focused on these facts and each period will be classified by the goods' purpose of purchase and quality.

• 정보학연구
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• 제8권3호
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• pp.57-71
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• 2005

This thesis is to explore the relaxation of restrictions at the acquisition of own stock, and to get the results from this system many countries' legislations were alluded as model cases for Korean system. In comparing with America, Japan, Europe(EC 2nd Commercial Law), and England, the final suggestion for Korean companies law as follows: The solution of problems which is derived from the acquisition at own stock in enterprise is to make the optimum situation for the economic development and stability of stock market. So, to solve these problems needs the relaxation of restrictions for this system and by the relaxation of restrictions can get the distribution of its profit to stockholder, and the compensation for employers and employees. Furthermore, through this system the company can achieve the protection against M&A and the supply of company funds. In conclusion the relaxation of restrictions at the acquisition of own stock is acknowledged the necessity, but the problems that would be followed must be necessarily minimized, and to do so, the legal system has to be molded for this purpose and the its procedure(that is, accounting deal of own stock, the fictitious dividend, and non-appliance of tendency control) has to be prior to the legal system.

• 항공우주정책ㆍ법학회지
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• 제4권
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• pp.177-206
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• 1992

Commercial remote-sensing is one of the applied fields of space activities which, like telecommunications but to a lesser extent, is in the process of recording a reapid rate of development. Fields of utilization for spatial imagery are numerous: ocean monitoring, crops monitoring, glaciology, meteorlogy, forestry, environmental watch, geology, etc. All those fields of interest could be gathered under the generic name of "earth-watching activities" which is somewhat larger than "remote-sensing." This article aims at presenting to Korean readers the main lines of development of five major players in the field, namely : the USA, France, Japan, Europe and Canada. This is not to exclude the role played by other active players such as the former USSR and other smaller though industrious space powers.

• 무역상무연구
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• 제45권
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• pp.33-50
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• 2010

The Incoterms, short for "International Commercial Terms," have been widely used as International Rules for the Interpretation of Trade Terms since 1936. The Incoterms have been revised six times in order to adapt them to contemporary commercial practice. The current version is Incoterms 2000. The revised version of Incoterms 2000 will be published in the fourth quarter of 2010 and will be effective from January 1st 2010. The first and second draft of Incoterms 2010 have been carried out by a small global Drafting Group, representing seven nationalities and various areas of substantive expertise. In this paper, I reviewed the main contents in the 2nd Draft of Incoterms 2010. This paper contributes to help the parties concerned to understand the new changes from Incoterms 2000 and to choose the appropriate trade term.

• 한국중재학회지:중재연구
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• 제16권3호
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• pp.3-22
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• 2006

이 논문은 지난 10월 26일 및 27일 양일간에 걸쳐 서울의 Grand Intercontinental Hotel에서 개최된 국제중재학술대회 ICC/KCAB/KOCIA Conference에서 발표된 것으로 외국 변호사들의 이해를 돕기 위해 우리나라 중재법의 주요 내용을 설명하되, 특히 뉴욕협약과 국제상사중재에 관한 유엔모범법과 차이가 있는 부분을 주로 설명하였다. 이 논문은 우리나라 중재법이 규율하는 분야 중에서 그 적용범위, 중재적격, 통지의 서면성, 중재합의의 형식, 중간구제조치의 집행, 중재의 준거법 및 중재인의 선정 등에 관하여 설명하였다. 또한 이 논문은 우리나라가 일본, 중국 및 우리나라를 포함하는 동북아무역과 관련한 분쟁에서 중재의 중심지가 되어야 할 것을 역설하고, 이를 위해서 우리나라 유일의 중재기관인 대한상사중재원이 중재인 및 사무국 분야에서 개선이 필요함을 주장하였다.

• 한국중재학회지:중재연구
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• 제17권1호
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• pp.97-116
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• 2007

This article has the objective of studying French ADR System which is unique and peculiar in the world. Nowadays commercial conflict is resolved by litigation or ADR. ADR plays an important part in resolving commercial conflict in the US, England, Germany, Japan and France. Untill now, only French ADR System has not been studied at all in Korea. So we can safely say that it is necessary to research into French ADR System in order to improve Korea's ADR System. This study is composed of Introduction, Concept of French ADR System, Actual Circumstances of French ADR System and Conclusion. The Fundamental system of French ADR is the law of February 8, 1995 that is made up of 82 articles. Among these articles, Judical Conciliation and Mediation are the most important. It is universally admitted by most of legal scholars that judicial conciliation and mediation have the character of contract. Because mutual consent is necessary in order for judicial conciliation and mediation to be effective. French system of judicial conciliation and mediation is provided in French Civil Procedure Law. Judicial conciliation plays an important role in Labor Law and Family Law. In the early part of litigation, the attempt of consiliation can be made very frequently in France. Successful conciliation and mediation are induced into negociation between parties. Arbitration has its long history in Europe. In the medieval times, Western European merchant began to use Arbitration System. After the medieval times had passed, Arbitration System took root in France. But Arbitration System has not so developed in France. On the other hand, Arbitration System has developed to a considerable degree in the US in spite of its short history. It is due to the fact that the French dislike to have recourse to litigation as compared with the Americans. However Arbitration can resolve securities conflict through various institutions in France, which is very similar to the concerned US phenomenon.

• 한국재난정보학회 논문집
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• 제7권3호
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• pp.181-189
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• 2011

민간경비엽은 사설영리기업으로서 영리성을 목적으로 하고 있으며 동시에 범죄예방이라는 사회적 공익을 우선하고 있다. 이러한 측면에서 민간경비업에 대한 영리성과 공익성의 문제가 상충되고 있으며 영리기업이면서도 공익에 대한 관리감독을 받고 있다. 영리기업의 설립조건과 영업활동권은 상법에 명시되어 있으며 자연인으로서 국민적 기본권과 직업선택의 자유는 헌법에 보장되어 있다. 그럼에도 불구하고 민간경비업은 공익이라는 사회적 기능을 이유로 경비업볍에 준하여 설립조건이나 영업활동의 제약, 직업선택의 자유 등에서 제약을 받고 있다. 즉, 영리법인이면서도 헌법조항의 기본권이 무시되고 있으며, 상법상 법인설립기준이나 영업활동보장권을 적용받지 못하고 있는 것이다. 경비업법에 따르면 경비업을 영위하고자 하는 자는 반드시 법적절차에 따라 해당기관으로부터 허가를 받아야 하며 회사를 대표하는 임직원들도 결격사유가 있어서는 안 된다. 그러나 상법상 법인설립의 기준은 1명이상, 업종별 규정에 따라 차이가 있지만 기본적으로는 자본금 100원 이상이면 법적제약을 받지 않고 회사설립을 할 수 있고, 헌법에 보장된 노포권에 따라 영리를 목적으로 한 모든 소득활동은 보장된다. 이에 따라 본 연구는 민간경비업의 특수성에서 비롯되는 공익성과 영리성에 대한 법적 제도적 문제점을 살펴보고자 한다.

• 무역상무연구
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• 제52권
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• pp.25-44
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• 2011

Possibility of credit risk, foreign exchange risk and interest rate risk of exporter increases in the recent international Commercial transactions, due to financial crisis of Europe and liberalization of Middle East. Under this circumstance, Forfaiting is trade finance that forfaiter purchase negotiable debt instrument without recourse from exporter, which occurred related with international commercial transactions, and credit risk, contingency risk, foreign exchange risk and interest rate risk of exporter can be transferred to forfaiter. Forfaiting is typically medium-term finance(three to five years) concluded at fixed interest rate, although it can also arranged on a floating interest-bearing basis for periods from six months to ten years or more. But Forfaiting service of Korea has limitation as follows. First, forfaiting in Korea deals with unrestricted irrevocable documentary credit as debt instruments. Period that forfaiting is provided is short and amount of money is limited, compared with advanced forfaiting. But forfaiting provided in advanced countries deals with various methods such as guarantee for bill, payment guarantee, and can be resold in financial market. Recently importance of forfaiting is increasing in international commercial transactions. Therefore profound study on forfaiting is required. The study will examine the risk that happens to the concerned parties in forfaiting, and its management measures. The study adopted literature review method such as local and foreign books and papers about trade finance, internet information about forfaiting, and professional journal related with international finance.

• 무역상무연구
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• 제34권
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• pp.55-74
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• 2007

The documentary credit has been functioning as an indispensable tool for making international commercial transactions safer throughout the world since ICC adopted the second revision of the Uniform Customs and Practices for Commercial Documentary Credits in 1962. Letter of Credit transaction should be cleared by the principle of the trust and integrity and vile partners sometimes make a fraud on the L/C by the misinterpretation of the documents. As there is no rule but no exception, exception from application of these principles is allowed. The fraud exception nile constitutes contracting out an application of basic principles, this rule should apply restrictively and in many authorities a court does not apply this rule to nominated bank, confirming bank, and bona fide holder of draft even if fraud is involved in L/C transactions. If not, we lose a lot of benefits from the credit as valuable commercial device through reservation of these principles to take a few benefits. So, We need to recognize that the fraud exception rule should be applied restrictively. Therefore, this study reviewed condition of application and exception from application of fraud exception rule in view of Cardozo's opinion, the Sztejn court, and UCC Sections-114(2).