• 무역상무연구
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• 제19권
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• pp.191-223
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• 2003

Electronic commerce and the Internet offer unprecedented opportunities. The explosive expansion of the use of the Internet makes it possible for businesses to expand their markets and render services. Global transaction costs are easy to cut off using Internet and transaction speed is faster than before. Where cyberspace is not free from claims, Offline transaction can lead to problems and disputes the same is for cyberspace transactions. However ADR is not meet for the online transaction for speed, cost and open network system, ODR methods to resolve electronic commerce conflicts is crucial for building confidence and permitting access to justice in an online business environment. The use of the Internet and the network in dispute resolution has an impact on the types of communication implied in the relevant processes such as automated negotiation, online mediation and online arbitration and involves new technological issues such as the integrity and confidentiality of data and communication used to transmit and store data. Among the ODR systems Online Arbitration is currently binding both parties disputed and can achieve the aim of dispute award the same as the traditional arbitration. Arbitration is based on the New York Convention 1958, Arbitration Model law 1985 and national Arbitration Act that are founded on territorial area and rested on arbitration agreement, constitution of the arbitral tribunal, due process, final and binding award and enforcement of the arbitration award. To compare with this issues Online arbitration has unnecessarily legal unstability and risk. ODR is the burgeoning field and has created a new issues. All such issues which have been debated in the ADR are composed with ODR. But these are not limited Some of issues are further complicated by the nature of the online environment such as confidentiality and principle of parties. It is true that online arbitration should comply with legal provisions, but which is impossible to adhere of the law. Flexible translation and functional equivalence of legal provisions are needed for acceptance of electronic commerce disputes. Finally electronic commerce now takes place on the Internet, it is inevitable that the commercial world wants access to dispute resolution process that best suits the new commercial environment. ODR methods are processing for development and legal issues are considered by both national and international authorities. Introduction of new Conventions or amend Convention and Model law of ODR comes near.

• 무역상무연구
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• 제18권
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• pp.27-62
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• 2002

The international sale contract is the central contracts in export-import transactions. A good sale contract or set of general conditions of sale will cover all the principal elements of the transaction, so that uncertainties are avoided. The parties' respective duties as concern the payment mechanism, transport contract and insurance responsibilities, inter alia, will all be clearly detailed in the contract. The following key clauses should be included in international contracts of sale and general conditions of sale: ${\bullet}$ preamble ${\bullet}$ identification of parties ${\bullet}$ description of goods ${\bullet}$ price and payment conditions ${\bullet}$ delivery periods and conditions ${\bullet}$ inspection of the goods - obligations and limitations ${\bullet}$ quantity or quality variations in the products delivered ${\bullet}$ reservation of title and passing of property rights ${\bullet}$ transfer of risk - how accomplished ${\bullet}$ seller's warranties and buyer's complaints ${\bullet}$ assignment of rights ${\bullet}$ force majeure clause and hardship clause ${\bullet}$ requirement that amendments and modifications be in writing ${\bullet}$ choice of law ${\bullet}$ choice of dispute resolution mechanism Under most systems of law, a party can be excused from a failure to perform a contract obligation which is caused by the intervention of a totally unforeseeable event, such as the outbreak of war, or an act of God such as an earthquake or hurricane. Under the American commercial code (UCC) the standard for this relief is one of commercial impracticability. In contrast, many civil law jurisdictions apply the term force majeure to this problem. Under CISG, the standard is based on the concept of impediments to performance. Because of the differences between these standards, parties might be well advised to draft their own force majeure, hardship, or excusable delays clause. The ICC publication, "Force Majeure and Hardship" provides a sample force majeure clause which can be incorporated by reference, as well as a hardship clause which must be expressly integrated in the contract. In addition, the ICC Model provides a similar, somewhat more concise formulation of a force majeure clause. When the seller wishes to devise his own excusable delays clause, he will seek to anticipate in its provision such potential difficulties as those related to obtaining government authorisations, changes in customs duties or regulations, drastic fluctuations in labour, materials, energy, or transportation prices, etc.

• 무역상무연구
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• 제78권
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• pp.1-29
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• 2018

This article demonstrates that both the Warsaw Convention Systemand the Montreal Convention are not designed for multimodal transport, let alone for "Door to Door" transport. The polemic directed against the "Door to Door" application of the Warsaw Convention systemand the Montreal Convention is predominantly driven by the text and the drafting philosophy of the said Contentions that since 1929 support unimodalism-with the rule that "the period of the carriage by air does not expend to any carriage by land, by sea or by inland waterway performed outside an airport" playing a profound role in restricting their multimodal aspirations. The drafters of the Montreal Convention were more adventurous than their predecessors with respect to the boundaries of the Montreal Convention. They amended Art. 18(3) by removing the phrase "whether in an aerodrome or on board an aircraft, or, in the case of landing outside an aerodrome, in any place whatsoever", however, they retained the first sentence of Art. 18(4). The deletion of the airport limitation fromArt. 18(3) creates its own paradox. The carrier can be held liable under the Montreal Convention for the loss or damage to cargo while it is in its charge in a warehouse outside an airport. Yet, damage or loss of the same cargo that occurs during its surface transportation to the aforementioned warehouse and vice versa is not covered by the Montreal Convention fromthe moment the cargo crosses the airport's perimeter. Surely, this result could not have been the intention of its drafters: it certainly does not make any commercial sense. I think that a better solution to the paradox is to apply the "functional interpretation" of the term"airport". This would retain the integrity of the text of the Montreal Convention, make sense of the change in the wording of Art. 18(3), and nevertheless retain the Convention's unimodal philosophy. English courts so far remain loyal to the judgment of the Court of Appeal in Quantum, which constitutes bad news for the supporters of the multimodal scope of the Montreal Convention. According the US cases, any losses occurring during Door to Door transportation under an air waybill which involves a dominant air segment are subject to the international air law conventions. Any domestic rules that might be applicable to the road segment are blatantly overlooked. Undoubtedly, the approach of the US makes commercial. But this policy decision by arguing that the intention of the drafters of the Warsaw Convention was to cover Door to Door transportation is mistaken. Any expansion to multimodal transport would require an amendment to the Montreal Convention, Arts 18 and 38, one that is not in the plans for the foreseeable future. Yet there is no doubt that air carriers and freight forwarders will continue to push hard for such expansion, especially in the USA, where courts are more accommodating.

• 항공우주정책ㆍ법학회지
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• 제28권2호
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• pp.97-115
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• 2013

항공기 운항의 가장 기본이 되는 규정은 ICAO Annex 6. Operations of Aircraft(항공기 운항)이다. 이 중 Part I은 상업항공운송용 항공기에 대한 것이며, 민간항공의 대부분을 차지하고 있다. ICAO에서는 항공기 운항에 관한 표준과 권고사항(SARPs: Standards and Recommended Practices)을 제정하여 체약국(Contracting States)이 어느 정도 국내규정에 반영하여 적용하고 있는지를 평가하고 있는데 이를 항공안전평가(USOAP)라고 한다. 기존의 ICAO 항공안전평가는 순간포착(Snap-shop) 방식으로 평가하였으나, 2013년부터 항공안전상시평가(USOAP-CMA) 방식으로 바뀌게 되어 시행된다. ICAO 항공안전평가 결과는 국적사의 노선, 보험료, 항공사간 제휴 등 국가항공산업 전반에 큰 영향을 미친다. 낮은 등급으로 판정 시, 국제사회에서 집중 주목이 되고 우리나라 국적사들이 운항정지, 노선제한, 항공사간 제휴 제한, 보험료 등 직/간접적으로 영향을 받을 수 있다. 따라서 우리나라 항공산업의 글로벌 경쟁력을 위해서는 ICAO 항공안전평가에서 '우수국가' 지위를 유지하여 높은 신인도를 이어나가는 것이 매우 중요하다. 우리나라는 2008년 실시된 ICAO 항공안전평가에서 종합 평점 98.89점을 획득, 세계 1위를 차지한 바 있으나, 2008년 이후 개정된 사항이 제대로 반영되지 못하고 있는 실정이다. 이에 따라 본 논문에서는 가장 최신의 개정판을 이용하여 ICAO Annex 6 Part I의 국내 항공법규 반영정도를 파악해보고자 한다. 아울러 미반영된 부분과 부분반영된 부분에 대한 반영방안도 같이 제시하고자 한다.

• 한국중재학회지:중재연구
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• 제33권4호
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• pp.37-67
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• 2023

중재는 공정하고 효율적인 분쟁해결 방법이다. 또 현대사회에서 경제발전으로 인하여 소송제도를 보완하는 매우 중요한 기능을 하고 있다. 중재제도는 고대부터 각국이 분쟁해결을 위해 각자의 전통적인 방식으로 형성되었으며, 법학의 발달과 함께 중세부터 점차적으로 법적 보장이 명확한 제도로 확립되었다. 중국에서 중재제도가 입법화 된 것은 근대 민국시대(民国时期)이지만, 분쟁 해결 방법으로 중재가 등장한 것은 고대 진한시대(秦汉时期)로 거슬러 올라간다. 현대에서 중재와 관련한 입법은 1995년에 공포한 '중재법'이다. 입법 당시 외국의 중재법과제도등에 대한 경험을 참고하였다. 하지만, 현재에 있어 중국 '중재법'은 여전히 많은 문제를 안고있다. 즉, 경제발전으로 인해 다양한 안건이 발생하면서 분쟁도 진화하고 있기 때문이다. 이에 중국의 현행 '중재법'은 개정 중에 있다. 중재법의 개정에 있어 중국의 역사적 경험을 어느 정도 참고할 수 있을 것이다. 중국에서 발생하는 분쟁 안건에 있어 중재가 고대부터 중세 및 근대, 그리고 현재에 이르기까지 경험과 특징을 살핌으로써 개정안에 좋은 시사점을 제공할 것이라 본다. 특히, 현대의 상사중재제도가 외국의 법문화로부터 중국에 도입된 후 그 역할과 효과에 대해 중국 전통의 중재제도를 분석함으로써 더 나은 개선방안을 제시 할 것이다. 이에 본 연구에서는 중국의 고대에서 현대에 이르기까지 중재제도의 기능에 대하여 연혁적으로 살펴보고, 현재 개정 중인 '중재법'에 중국 전통 중재제도가 주는 시사점이 무엇인지 검토한다. 이를 통해 장래 중국의 중재제도의 발전은 물론, 그 가치를 확인하는 좋은 연구자료가 될 것이라 본다.

• 한국철도학회:학술대회논문집
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• 한국철도학회 2011년도 정기총회 및 추계학술대회 논문집
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• pp.2679-2683
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• 2011

The purpose of this study is to develop automated structural design and analysis aided-program of aluminum extrusion carbody structures for railway vehicle. This developed program is possible to perform simultaneously structural design and design verification of aluminum extrusion profiles independent of expertise and experience of design engineers. Design engineers was able to design it using database of existing aluminum extrusion profiles or user-defined function. The design verification was programmed to evaluate its structural integrity according to Korean Railway Safety Law or Urban Transit Safety Law. Also, this program could automatically generate an executable file of various commercial finite element program and CAD files such as stp and iges by GUI environment applications using MFC(Microsoft Foundation Classes). In conclusion, it is expected to contribute to reduce product development time and improve product quality of aluminum extrusion profile and structures in railway industry.

• 대한기계학회:학술대회논문집
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• 대한기계학회 2007년도 춘계학술대회A
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• pp.762-767
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• 2007

As a macromolecule material, melted rubber flow shows characteristics of shear thinning fluid. The dynamic viscosity of this rubber fluid is influenced by temperature and shear strain rate. In this study, the numerical simulation of rubber extrusion forming process has been performed using commercial CFD code, Polyflow. Power-law model considering the effect of shear rate is used for the computer simulation of this non-Newyonian flow. Also Non-isothermal behavior is considered as Arrhenius-law model. Distributions of velocity and temperature are predicted through the simulation.

• 무역상무연구
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• 제15권
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• pp.33-57
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• 2001

Although the parties did not expressly incorporate Incoterms into their contracts, Incoterms which have reflected a generally authorized principles and custom might be a part of sale contract. As indication of Introduction in Incoterms 2000, although the D-terms are different in nature from the C-terms, since the seller according to the D-terms is responsible for the arrival of the goods at the agreed place or point of destination at the border or within the country of import. Therefore, according to importance of Incoterms, although Incoterms 2000 have been revised in line with the most current commercial practice, because mentioned problems in this paper can be raised, they must be revised through Introduction, Rules or Guide Book of Incoterms.

• 무역상무연구
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• 제48권
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• pp.79-100
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• 2010

To promote the nation's exports, in Korea several government led programs are alive for procuring and manufacturing goods for export. The trade supporting programs are consisted of Trade Financing Program, Trade Tax Program, and Trade Insurance. The programs are summarized ; First, Trade Financing Program is available to exporters of procuring raw materials and finished goods for export. It is extended with exceptionally low interests from the Korean commercial banks. Second, Trade Tax Program provides whole or part of customs drawback to exporters. customs drawback is' made when exporters meet requirements of Customs for export. Third, Trade Insurance Program cover risks of uncertainty which is beyond the exporters' capacity at low insurance premium. It is suggested that the exporters have deep knowledge of these three programs to their ends. Especially Trade Financing Program and Trade Insurance Program can be a combined work for the financially weak SMEs. Further, there are rooms for these programs to develop to enhance the competitiveness of SME exporters.

• 무역상무연구
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• 제54권
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• pp.81-98
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• 2012

The Incoterms(R) 2010 rules take account of the continued spread of customs-free zones, the increased use of electronic communications in business transactions, heightened concern about security in the movement of goods and changes in transport practices. And the Guide to Incoterms(R) 2010 is the authoritative companion work to Incoterms(R) 2010, the ICC rules on the use of domestic and international trade terms. The guide responds to business needs for a better understanding of these ICC rules that are used in countless commercial transactions every day. But, contrary to the previous guidebook, there is many errors and mistake in the Guide to Incoterms(R) 2010 which should be amended. The purpose of this paper is to point out the problems and amend the errors and unify the expression in guidebook.