• 한국중재학회지:중재연구
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• 제16권1호
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• pp.81-119
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• 2006

The parties in the trade can have full autonomy and can resolve disputes independently, impartially and without delay by selecting arbitration by agreement. Korea and Japan had revised their Arbitration Laws to incorporate as many provisions of the 1985 UNCITRAL Model Law as possible. Japan had amended its century-old arbitration law, becoming the 45th country to adopt the UNCITRAL Model Law on International commercial arbitration. New Arbitration Law was enacted as Law No.138 of 2003 and effective on March 1, 2004, is applicable to both national and international arbitration. Korea had amended its arbitration law on December 31, 1999 and its New Arbitration Law incorporates the most of the 1985 UNCITRAL Model Law as Japan. Arbitration must be popular in resolving international commercial disputes in Northeast Asian bloc in order to increase the volume of intra-trade in the Northeast Asian bloc. But in order for the parties to make use of arbitration in the bloc, the arbitration laws of nations in the bloc must have similarity and unification. As Korea and Japan playes important roles in the bloc, both nations's arbitration laws must be studied in view of similarity and difference to unify both nations' arbitration laws by way of showing an example. Therefore, this paper deals with both nations' arbitration laws in view of comparative law to unify their arbitration laws and Northeast Asian Nations' arbitration laws.

• 무역상무연구
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• 제37권
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• pp.3-33
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• 2008

This study primarily concerns the seller's duty to deliver the goods in conformity with the contract under the United Nations Convention on International Sale of Goods(1980) in comparison with the Draft Principles of European Sales Law. It describes and analyzes the provisions of the CISG as to the seller's duty, focusing on main controversial issues among scholars in their application. It also attempts to compare the rules of the CISG with those of the Draft PESL and to evaluate them in light of the discipline of comparative law. This is for the purpose of facilitating the systematic development and reform of one jurisdiction by any solution from the other jurisdiction found by the comparative study. In addition, this study provides legal and practical advice to the contracting parties when they intends to insert the CISG or the Draft PESL in their contract as a governing law. The comparative study particularly focuses on the following aspects; first, requirements for conformity with the contract which deals with the concept of conformity with the contract, contractual requirements agreed between contractual parties, and implied requirements otherwise not agreed between contractual parties, second, the time when the goods must be in conformity with the contract, third, exclusions of the seller's duty to deliver the goods in conformity with the contract.

• 항공우주정책ㆍ법학회지
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• 제11권
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• pp.169-191
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• 1999

• 무역상무연구
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• 제17권
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• pp.251-293
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• 2002

The study is a comparative and analytical study which comprises of the analysis of the rules of the buyer's right to withhold performance where the seller delivers defective goods or documents of three legal systems; the CISG, English law and Korean law. The purposes underlying this study are twofold. The first is to clarify the current position as to the right of withholding performance in the event of the seller's tender of defective goods or documents in Korean law, CISG and English law so that it may assist the parties in drafting the buyer's right to withhold performance in their own contract. The second is to compare the rules of one jurisdiction with those of other jurisdictions and to evaluate the rules in light of the practical functions and benefits of the right to withhold performance and the discipline of comparative law the basic question of which is whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. It shows that each jurisdiction does not have any provision or case law specifically dealing with the buyer's right to withhold performance where the seller delivers the goods which are defective in terms of quality or quantity. The absence of such provision or case in each jurisdiction has resulted in either disputes or uncertainty. However, the study executed in light of the primary functions and benefits of the right in practice and the discipline of comparative law reveals that, first, the view in English law which is against recognizing the right may not be justified when one considers the practical importance of having the right and the position taken by the CISG as a well developed and modernized law, second, the view in Korean law which argues that the principle of specific goods dogma on which it is based is extended even to substitutable or repairable goods cannot be also justified on the ground of one's ordinary expectation and the position under the CISG and English law which imposes a contractual duty to deliver non-defective goods on the seller insofar as the buyer's payment is deemed to be made in exchange for the seller's delivery of non-defective goods and they are substitutable or repairable. Regarding the right to withhold performance in the event of the seller's tender of defective documents, the study shows that the relatively detailed rules in English law may be utilized as a guideline to fill the gap in the CISG and Korean law in terms of the practicability and appropriateness to govern documentary sales. Furthermore, it is found that the position in English law which confers on the buyer the right to withhold performance for a trivial defect in documents may be unreasonable in terms of one's need to enable justice to be done in individual cases.

• 무역상무연구
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• 제27권
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• pp.29-65
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• 2005

Northeast Asian economies have achieved high levels of growth due to a stable economic environments and economic policy reforms for free trade. As Northeast Asia has been risen as big bloc in the world and in the future in case free trade agreement could be concluded, trade volume could be increased dramatically. And it is evident that disputes will be increased in Northeast Asian economic bloc. Arbitration must be popular in resolving international commercial disputes in Northeast Asian bloc in order to increase the volume of intra-trade in the bloc. Through arbitration, the parties can have full autonomy and can resolve disputes independently, impartially and without delay. But in order for the parties to make use of arbitration in the bloc, they must be fully aware of the arbitration laws of Northeast Asian nations in view of the similarity and difference of the laws. Therefore, this paper deals with arbitral award in Northeast Asian Nations' arbitration laws in view of comparative law.

• 무역상무연구
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• 제77권
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• pp.195-214
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• 2018

In order to analyze the current status of trade with Korea and FTA partner countries, the Trade Intensity Index and the Market Comparative Advantage index were calculated and analyzed using panel gravity model. In the case of trade, trade intensity index has been strengthened according to each FTA enforecement, and in some cases, trade inensity has been weakened. In the case of the comparative advantage index, there was a case in which the comparative advantage was strengthened or the comparative advantage was not significantly changed according to each Chapter of HS code. This means that the Korea's FTA enforcement effect has not directly affected the increase of the trade intensity and the increase of the market comparative advantage index. The panel gravity model using the trade intensity and the comparative advantage index as the dependent variable and the trade volume between the two countries as the dependent variable was analyzed.

• 한국언론정보학보
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• 제26권
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• pp.209-257
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• 2004

본 연구는 한국을 비롯한 세계 각국의 비교광고에 관한 다양한 규제들의 내용과 그 특성을 고찰하고 현재 한국의 비교광고 규제의 특성을 도출해내는 데 그 목적이 있다. 이러한 특성을 정확하게 도출해 내기 위해 현재 세계 각국의 비교광고 규제의 특성을 고찰하고 보드윈(Boddewyn)의 1978년의 연구결과와 비교하여 어려한 변화를 보이고 있는지를 살펴보았다. 연구결과, 각국의 비교광고에 대한 규제를 살펴보면, 점차적으로 비교광고에 대한 합법화가 이루어지고 있으며, 과거의 규제와 비교하여 비교광고에 대한 허용범위와 가이드라인을 법적으로 좀더 구체적으로 명시하고 있음을 발견하였다. 현재 한국의 비교광고에 관한 법적 규제 내용에는 과거와 비교하여 좀 더 구체적인 기이드라인이 제시되어 있고, 이는 유럽 국가들의 가이드라인의 수준과 유사함을 발견할 수 있었다.

• 한국도서관정보학회지
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• 제23권
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• pp.439-469
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• 1995

The purpose of this study is to develop a new domestic (national) law classification scheme with universality. An underlying reason for the development of this scheme reset upon the fact that Civil law system, Common law system, Socialistic law system have had difficulties each other and that current classification scheme covering three law systems have not been still in existence. From the comparative discussion of classification schemes that are the representative of each law system, a new national law classification scheme with universality was designed. If law classification scheme have been completeness, this new scheme must be combined with jurisprudence and international law classification scheme which was developed already.

• 시큐리티연구
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• 제47호
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• pp.139-165
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• 2016

몽골에서 민간경비와 관련된 법제정은 비교적 최근의 일로, 2000년에 몽골국회가 계약경비서비스에 관한 법을 통과시킴으로써 몽골에서 민간경비가 법적으로 탄생하게 되었다. 그러나 아직까지 몽골의 계약경비서비스에 관한 법은 국제기준에 미치지 못하며 따라서 이를 개정해야 할 필요성이 존재한다. 본 연구에서는 한국의 경비업법과 몽골의 계약경비서비스에 관한 법을 비교 분석하여 몽골 관련법의 문제점을 파악하고, 그에 따른 개선방안을 제시하고자 하였다. 분석결과, 몽골의 계약경비서비스에 관한 법은 법령의 명칭과 용어, 경비업체의 등록과 영업행위에 관한 절차규정, 경비업체의 대표 및 경비원의 자격요건과 책임성 확보, 경비업무의 범위 등에 문제점이 있다는 사실이 파악되었다. 이러한 문제점들을 개선하고 또 앞으로 몽골의 민간경비산업의 발전을 촉진하기 위하여 본 연구에서는 계약경비서비스에 관한 법의 개선방안을 제시하였다.

• 통상정보연구
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• 제11권4호
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• pp.47-73
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• 2009

Electronic Commerce has become the leading method of business in many countries. And related laws are being established and is operating in Korea and China. In this circumstance, Korea's electronic signature law was enacted on February 5, 1999, and has been applied from July 1, 1999. But China's electronic signature law was enacted on August 28, 2004, and has been formally applied from April 1, 2005. This paper is to drive problems of the electronic signature system and law and to show the whole point to be considered in enterprise and the present status of internal and external service under the basis of electronic trade. The purpose of this study aims to present a comparative analysis on the Korean and Chinese electronic signature system and law. In addition to, another point of this paper is suggestions for improvement of legal problem.