• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.37
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• pp.61-85
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• 2008

Bills of lading are crucial in international sales on shipment terms since they guard buyers against loss of or damage to the goods in transit by giving them the rights against carriers. A bill of lading, as document of title, gives the buyer the right to demand physical possession of the goods from the carrier and enables the buyer who is in possession of damaged or short-delivered goods to sue the carrier. In this context the buyer in sales on CIF or CFR terms or FOB terms with additional services benefits from the bill of lading which functions as a receipt of goods and a evidence of the terms of the contract of carriage. Protection of such buyer's interests can be provided in the sale contract through appropriate express or implied terms on the seller's documentary obligations: Which transport document, a bill of lading or a sea waybill, is required? Who should be named as the consignee in the transport document and, in case of bill of lading, by whom should the bill be endorsed? What should be stated in the bill of lading for the quantity of the goods? How about a bill of lading that contains so called "unknown clause"? How many bills of lading for the entire contract goods should be tendered? Can a bill of lading stating that the goods have been shipped in apparent good order and condition also state that the goods were damaged after shipment? This paper seeks to provide answers for these particular questions.

• Journal of Arbitration Studies
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• v.13 no.1
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• pp.207-244
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• 2003

There are many parties who connected with contracts like a contract for construction. Dispute arising from the two parties can be souled by themselves. but it grows the necessity of settlement at one effort. The meaning of multiparty arbitration is solution of mixed disputes without inconsistency through multiparty concerned. H the parses wish to settle the disputes by arbitration, they must come to an arbitration agreement. The arbitration agreement is necessary to resolve disputes autonomously, that may be in the form of a separate agreement or in the form of a clause in a contract. More ever it is resonable to view the arbitration agreement as a substantive contract in its legal nature enabling the authority for dispute resolution by the arbitrator. I had argument about who should appoint the arbitrator. That is to say, each party can appoint the arbitrator, otherwise the courts can appoint one. The basis of multiparty arbitration is focused on the factor that the courts may have the right to order the consolidation of arbitration proceedings without consent of the parties. The dispute can be settled by the arbitrators who are appointed. Appointing arbitrator is very important because it affects the party's equality. The right to appoint arbitrator shall be entitled each party in multiparty arbitration. Therefore they can appoint plural arbitrators by mutual agreement. for .reference to Rules of Arbitration of The International Chamber of Commerce, the Court shall appoint a sole arbitrator or three arbitrators in condition. The Arbitration Act of Korea dose not have the clause on multiparty arbitration including the arbitration rules. But if we have the clause enacted, it brings a situation in which both parties gain a benefit.

• Tunnel and Underground Space
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• v.10 no.4
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• pp.544-552
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• 2000

Norway has the geological of condition of hard bedrocks, high mountains, deep valleys and fjords. In this background many tunnels and rock caverns are developed. In this process of constructing tunnels and rock caverns Norway seems to have strong competitiveness in the construction of tunnels. In spite of high salaries to the tunnel workers, Norwegian contractors are probably producing the cheapest tunnels and rock caverns in the world. Besides benefit of hard-rock geology, Norwegian cost-saying is owing to the Norwegian excavation technique in hard rocks such as unlined pressure tunnels, air cushion chambers, underwater piercing, and reasonable contract system and organization of workers developed from the accumulated experience. Brief analytical description of them are given in this paper in order to stimulate the utilization of the underground spaces.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2015.05a
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• pp.234-235
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• 2015

In South Korea, small photovoltaic equipment is increasingly adopted in more detached houses on the constant basis. With this broader use of small photovoltaic equipment, its systematic maintenance becomes all the more necessary. However, photovoltaic facility maintenance has been concentrated solely on large-scale solar energy generation plants in the country while hardly covering smaller facilities. In this research, the JEM rule and extant maintenance company services were analyzed to develop a proper maintenance model for small photovoltaic equipment. The maintenance service procedures designed herein are as follows: A small photovoltaic equipment user chooses a maintenance company and signs a contract. Once a contract is made, the Korea Energy Management Corporation provides a certain kind of incentive to the company. The company provides maintenance service to the user and receives a service fee. If such a maintenance service model is in place, small photovoltaic equipment efficiency is expected to increase and users could receive systematic maintenance services. Also the new creation of small photovoltaic equipment maintenance service would form a new market to generate more jobs for the society.

• East Asian Journal of Business Economics (EAJBE)
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• v.11 no.2
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• pp.39-57
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• 2023

Purpose - This paper is to examine the work of a third party in the process of import and export management. In other words, the purpose of this paper is investigate the status and functional role of a third party in relation to each terms of the trade contract. Research design, data, methodology - This study consists of 5 chapters through literature survey. It will examine the involvement of the third party through each terms. Chapter 1 introduction, Chapter 2 deals with trade contracts, Chapter 3 investigates the shipping terms, payment terms, and insurance terms, and Chapter 4 reviews with commercial arbitration. And in Chapter 5, it looks at the conclusion and implications. Results - The relevant party in the import and export management process may be a third party through outsourcing, not the principal. At this time, in fulfilling each condition of trade, it can be seen that the implementation of tasks through the participation of a third party with high expertise can more smoothly and productively implement the overall import and export management. Therefore, it can be seen that the implementation of the trade business in which the third party participated can be interpreted in terms of derivative effects and at the same time can be a way to improve the principal's competitiveness procedurally. Conclusions -Through this study, in the import and export management, the performance of the work through the agent makes the entire process more smooth and efficient. Outsourcing of roles using the expertise of a third party, a subcontractor rather than a principal, is desirable and important.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.287-291
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• 2002

A construction claim is generally caused by several causes, and in the case of developed countries, the most fundamental problem in most claims is a delay claim. Also, it is predicted that the trouble will increase by this one in a domestic case as well. Even though the construction claims occurred by the delay claim are the most frequent ill construction project, it is very difficult to analyze due to the complexity of occurring forms. Therefore, the rational judgement and the solving method need to be concerned through the accurate understanding the clauses accepted in a international contract execution and a domestic contrail when the claim occurred. The purpose of this study is to present problems and improving methods by comparing FIDIC with a domestic accounting regulation in order to expand a general condition into the international contract condition.

• Journal of Korean Society for Quality Management
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• v.43 no.3
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• pp.273-288
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• 2015

Purpose: In this study, we apply environmental stress screening (ESS) to battle management system (BMS) of a tank and use the ESS profile based on production process data, guided by MIL-HDBK-781/344/2164. Methods: To optimize ESS Profile of the BMS of a tank, we estimate ESS model parameters (e.g., defect density, screening strength) using primary production failure reporting and corrective action system (FRACAS) data of military supply contract firm. Results: First, we collect the Primary production FRACAS data of military supply contract firm. Second, we compute curve fitting approach to find patent defect density and latent defect density using FRACAS data. Third, we solve the equation of Defect Density(patent defect density + latent defect density)($D_{IN}$) and Screening Strength(SS) Using second step data. As a result of analysis according to the order, we calculate $D_{IN}$(Temperature stress case : 74.02, Vibration stress : 10.252) and : SS(Temperature stress case : 0.4632, Vibration stress : 0.4142) and confirm the Condition II-D based on MIL-HDBK-344. According to Condition II-D, it is necessary to modify existing ESS profile through decreasing the $D_{IN}$ and increasing the SS. Conclusion: Identification of defect causes through ESS approach reduce defect densities for production. It provides feedback to a lessons-learned data base to avoid similar problems on next generation tank BMS.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.61
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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.

• Proceedings of the Safety Management and Science Conference
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• 2007.11a
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• pp.85-95
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• 2007

It compared subcontractor with contractor that are wages, the labor hour and labor condition of the work environment back are inferior relative. The subcontractor which basically the contract workers evade the dangerous process or the difficult work, the dirty work back what is called 3D the case which does to keep a business is many. so With life it will be threatened consequent health directly. The possibility where the subcontractor will be exposed to danger work came to be high. Together the reason of subcontract at managing the big business the case which becomes accomplished in objective, about lower the immediacy safety&health problem, subcontractor assigned workers is the actual condition only it could not be deteriorated more in public finance of the supply and enterprise and technical ability insufficiency. Consequently it prevents the subcontract which danger work is insensitive from this research and immediacy of the subcontract workers who is weak hygiene circumstance complement the plan it will be able to secure the immediacy safety&health subcontract workers, substantially to prepare in the hazard subcontract proprietor.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.76
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• pp.103-123
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• 2017

If additional condition in letter of credit is used in malicious way, it affects the international trade transaction in jeopardy. Therefore, it's significant to identify whether additional conditions are malicious or ordinary in the transaction with letter of credit. In normal cases, thanks to lots of useful features as an international payment method, such as security of payment, legal protection, and versatility, a letter of credit is widely used in international trade. However, even with these advantageous features, a letter of credit is complicate and costly to use, compared to other payment methods. Furthermore, due to its principle of independence from underlying contract, a use of letter of credit creates another type of concern for proper handling and needs significant caution upon field use. At some points, malicious additional conditions are used for buyer's advantage in deal making and fraud instance in worst situation. In addition, some countries request malicious conditions against sellers as a non-tariff barrier. Therefore it's extremely important to recognize whether malicious additional condition exists in letter of credit and, if so, how to deal with it. This study delivers the information to distinguish and categorize the malicious conditions in various cases and to figure out how to deal with them for safer trade with less risk.