• 한국중재학회지:중재연구
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• 제15권2호
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• pp.93-123
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• 2005

As the international commercial transaction has drastically grown up with the mainland China, commercial disputes that are required to settle through ADR have tremendously increased during the last decade. Since China has not been fully exposed to the Free World for a long period of time, there would have been a great amount of misunderstanding about their competency and integrity to deal with internationally oriented commercial transactions with a view to internationally acceptable manner. This arbitration case was related to the contract in dispute of C&A Inc. as the importer v. China XX Importation Co. as the exporter for the sale of Silicon Metal. But after the contract were formed, exporter(respondent) declined to deliver the goods under the contracts because the market price of Silicon Metal increased according to the argument of the importer(claimant). Importer had to purchase alternative goods from other companies to substitute for the goods subject to the contracts in dispute. Importer purchased silicon metal of the same quality as under the contracts from two other Chinese companies as the necessary measure to mitigate the loss, paying prices higher than the contract price. Since exporter had breached the contracts, importer's loss should be compensated by the exporter as the Arbitration Tribunal decided for supporting importer's claim of loss for the substitute goods. This study is aiming at analyzing the rationale of the arbitral awards made by the Shanghai Commission in terms of (l)Place of Arbitration, (2)Applicable Law, (3)Validity of the Contracts, (4)Doctrine of Frustration, (5)Responsibility for the Mitigation of Damage by the Importer.

• 무역상무연구
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• 제13권
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• pp.365-387
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• 2000

One of the central and primary doctrine of the law of marine insurance is that the contract of indemnity entered into by assured and insurer is a contract of the utmost good faith. The notion of utmost good faith is a well established doctrine derived from the celebrated case of Carter v. Boehm(1766), decided long before the inception of the Marine Insurance Act(MIA). With the codification of the law, the principle found expression in sections $17{\sim}20$ of the MIA 1906. In section 17 is presented the general duty to observe the utmost good faith, with the following sections introducing particular aspects of the doctrine, namely, the duty of the assured and brokers to disclose material circumstances, and to avoid making misrepresentations. It is somewhat surprising that section 17, being a long founded doctrine, has not attracted the attention of the courts until very recently. Given that the most significant manifestations of uberrimae fidei are non-disclosure and misrepresentations, fulfillment of the obligation of utmost good faith was, not unreasonably, for a long time perceived in terms of the duty to disclose and not to misrepresent. However, Black King Shipping Corporation v. Massie, 'Litsion Pride'(1985) has clarified that the duty of disclosure stems from the duty of utmost good faith, and not vice versa. The duty of utmost good faith is an independent and overriding duty, with the ensuring sections on disclosure and representations providing mere illustrations of that duty. It is now clear that there are important questions with regard to the general doctrine and as to the nature and scope of any duty of good faith continuing after the contract of insurance is made which require separate and fuller discussion. The purpose of this paper is to review the nature and scope of the duty of utmost good faith.

• 유통과학연구
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• 제12권7호
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• pp.89-101
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• 2014

Purpose - This study aims to show that consignments can enable supply chain collaboration, based on the review of selected studies, and aims to investigate its potential to be a better collaboration program, through an analytical comparison with other collaboration initiatives. Research design, data, and methodology - This study uses a literature review on selected studies that researched consignments. In addition, based on the proposed framework, the current consignment process and other well-known collaboration programs are analyzed in terms of three key collaboration aspects. Results - Most studies employ simple research in terms of their purpose and methodology. An analysis with the proposed framework indicates the potential of consignments to foster supply chain collaboration. Conclusions - Based on the literature review, this study suggests that future research needs to aim for diverse research goals and conduct sophisticated research on consignments. An analysis with the proposed framework shows that consignments would be more effective for supply chain collaboration if active information sharing and joint decision-making are implemented.

• 한국의류산업학회지
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• 제18권3호
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• pp.282-288
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• 2016

This project aims to provide information on organizations and characteristics of Korean designer fashion industry in order to improve employment environment in fashion designer brands. This study utilizes the questionnaires and interviews with designers or human resources managers in Korean designer brands for forms, size and way of employment. The result shows that firstly, the size of employment in fashion designer brands is almost operated by small-scale human resources. Secondly, It is researched that they recruit less than 10 temporary employees per a brand on average as a problem. Thirdly, there are differences in business according to forms of employment. As researched, permanent employees usually conduct in design, products plan and production management, but, temporary employees conduct as a business assistant and salespeople. Fourthly, it is revealed that average salaries for permanents in fashion designer brands are between 1,510,000 and 2,000,000 won as the most people said. Moreover, the average salaries for temporaries are similar with permanents' as between 1,170,000 and 1,500,000 won. In fifth, in terms of the ways for recruitment, the proportion of job seekers who find a job by nonscheduled admission and special employment is larger than other ways. Finally, as a result of a research on an employment contract, employees have written the employment contract with the brands.

• Journal of Korea Trade
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• 제24권6호
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• pp.19-36
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• 2020

Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.

• 한국항만경제학회지
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• 제28권2호
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• pp.129-153
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• 2012

물류 아웃소싱의 증가에 따른 화주기업과 물류기업과의 거래에서 파트너쉽 구축이 장기 거래에 영향을 미친다는 많은 연구와 노력들이 진행 되어 왔으며, 이러한 거래에서 상호 관계를 정확하게 이해하고 예상되어지는 어려움을 미리 예측하여 대비하기 위해 물류계약서를 사용하게 된다. 본 연구에서는 물류기업의 관점에서 물류계약서 조항과 공정성 조항의 구체성이 화주기업과의 파트너쉽 구축과 물류기업의 성과에 미치는 영향을 PLS (Partial Least Square) 모델링 기법을 이용하여 가설을 검증하였다. 연구 모형에서 계약 조항을 선행 연구 문헌으로부터 조작적 정의를 통하여 비용발생, 위험관리 2개 요인으로 구분하였고, 공정성 요인을 측정하기 마케팅, 심리학, 사회과학 분야에서 사용되어지고 있는 분배공정성, 절차공정성 2개 조항을 구분하였다. 실증 분석 결과 첫째, 비용발생 조항에 대한 계약서 구체화는 화주기업과의 파트너쉽(신뢰, 의사소통) 구축에 긍정적인 영향을 미친다는 것으로 나타났다. 둘째, 위험관리 조항에 대한 계약서 구체화는 화주기업과의 신뢰구축에는 영향을 주었으나 의사소통에는 크게 영향을 미치지 않는 것으로 나타났다. 셋째, 분배공정성 조항에 대한 계약서 구체화는 화주기업과의 의사소통에는 긍정적인 영향을 미쳤으나, 신뢰에는 영향을 주지 않는 것으로 나타났다. 넷째, 절차공정성에 대한 계약서 구체화는 화주기업과의 파트너쉽 구축에 영향을 주지 않는 것으로 나타났다. 마지막으로 화주기업과의 파트너쉽은 물류기업의 물류성과에 긍정적인 영향을 미치는 것으로 나타났다. 본 연구의 결과는 물류기업과 화주기업 간의 관계 구축의 위한 실무적 방향성을 제시하는데 기여를 할 것이다.

• 한국의류학회지
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• 제40권3호
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• pp.456-464
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• 2016

A new combat uniform is improved for added combat safety with various functions such as survivability, battle conformity and a camouflage performance system. Camouflage performance is an important factor in terms of combat survivability since it makes identification difficult and provide security. The combat uniform is worn under extreme conditions (exposure to ultraviolet light, sweat and friction) and an excellent color fastness to repeated washing is required. In this study, we investigated the color management, durability and discoloration of new combat uniform fabric with a digital pattern for camouflage performance to provide preliminary color management data. We examined color differences between standard fabric and mass-produced combat uniform fabrics, color differences between each military supply contract firm and color changes in combat uniforms after 60 washing cycles. The slight color differences between standard fabric and mass-produced combat uniform fabrics were tolerable under quality criteria of Republic of Korea Ministry of National Defense. However, the differences between the military supply contract firms were recognizable to the naked eye and increased with repeated washing. Continuous research on color fastness under repeated washing and color management is required to standardize reliability from each military supply contract firm for the daytime performance of a combat uniform's camouflage.

• 한국중재학회지:중재연구
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• 제12권2호
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• pp.303-336
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• 2003

Incorporation of an arbitration clause by reference to other documents occurs in many international business transactions. The reference is either to another document that contains arbitration clause or to trading rules which contain the arbitration clause, without the main contract mentioning that arbitration has been agreed upon. In fact, incorporation by reference in to a contract of an arbitration clause set forth in another agreement is deemed valid in any number of circumstances, even when the parties to the two contractual instruments are not the same. Difficulties arise when, instead of an express arbitration provision, a contract contains a clause which refers to the trading rules of a certain trade association, so-called external arbitration clause. The U.S. courts which will presume that the parties intended to arbitrate under a particular set of rules when they expressly mentioned arbitration in their agreement, have sometimes refused to enforce contract clauses that do no more than refer to particular trading rules, even if these rules contain provisions binding the parties to arbitrate their disputes. The courts in such cases tend to be careful in determinig whether intent to arbitrate is present. In maritime contracts, the arbitration clause in a charter party is often referred to in the bill of lading. Such reference usually is held binding upon the parties to the contract of carriage, their knowledge of such practice being presumed. A nonsignatory may compell arbitration against a party to an arbitration agreement when that party has entered into a separate contractual relationship with the nonsignatory which incorporates the existing arbitration clause. If a party's arbitration clause is expressly incorporated into a bill of lading, nonsignatories … who are linked to that bill … may be bound to the arbitration agreement of others. An arbitration clause in a charterparty will be incorporated into a bill of lading if either - (a) there are specific words of incorporation in the bill, and the arbitration clause is so worded as to make sense in the context of the bill, and the clause dose not conflict with the express terms of the bill; or (b) there are general words of incorporation in the bill, and the arbitration clause or some other provision in the charter makes it clear that the clause is to govern disputes under the bill as well as under the charter. In all other cases, the arbitration clause is not incorporated into the bill.

• 대한지역사회영양학회지
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• 제7권4호
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• pp.559-570
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• 2002

This research was to investigate the operation of contracted food service management and menu preferences of middle school students in Seoul. Questionnaires were distributed between Dec. 1 and 20,2000 in 10 middle schools. Statistical data analyses were completed using the SAS package, including the mean, standard deviation and frequency analysis. The results can be summarized as follows: The average number of meals per middle school was 1,000 and only lunch was served in each school. In terms of facilities and equipment, low rates of the possession of cooking equipment and food carts were the major hindrance to work and production efficiency. The students' main demands were taste, sanitation, variety of food, the introduction of brand foods, the price of foods, and the speed of reaction to their dissatisfaction. Most of the schools provided rice for lunch, while the students preferred noodles, mandu and bread. beef-rib soup was preferred to broth. for side dishes, fish, roasted meat and fried foods were highly favored, along with processed foods, with low preferences for vegetables. The middle school students favored fruits. Lastly, they requested that the quality of school meals be improved through the development and supply of various desserts.

• 통상정보연구
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• 제14권4호
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• pp.203-225
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• 2012

국제물품매매계약법(CISG)은 국가 간에 각기 다른 계약법 체계를 세계적으로 통일화하고 국제무역의 신속성과 수월성을 확보하고자 제정되었다. 미국도 CISG를 비준하여 국내법화 하였으나 여전히 동협약과는 극단적으로 다른 영역들을 가지고 있는데 그중에서도 서면요건이 대표적으로 차이가 나는 부분이라 할 수 있다. 본 고에서는 서면요건에서 미국법과 CISG가 어떻게 다른지를 살펴보았고 미국의 법원은 이러한 차이점을 어떻게 받아들이고 있는 지를 살펴보았다. 또한 국제물품매매계약분쟁에서의 준거법의 충돌문제를 다루기 위하여 CISG 상의 규정을 직접적용, 간접적용 등으로 구분하여 살펴보았다.