• 무역상무연구
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• 제12권
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• pp.519-551
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• 1999

When an issuing bank issues a documentary credit, it must decide if the reimbursement will be a direct or simple or a bank-to-bank reimbursement. This decision is based on the bank that is nominated to pay, incur a deferred payment undertaking, accept drafts or negotiate. If an issuing bank decided bank-to-bank reimbursement, it must include the information in the credit instructing the nominated bank on how to obtain reimbursement. This instruction includes the name of the reimbursing bank, an indication that the reimbursement is subject to the Uniform Rules for Bank-to-Bank Reimbursements Under Documentary Credits ('URR'), ICC Publication 525 and any additional information that affects the nominated bank's ability to receive reimbursement. Until recently, reimbursements were the subject of outline regulation by Article 19 of the Uniform Customs and Practice for Documentary Credits ('UCP') and national law. Now, however, the International Chamber of Commerce has drafted URR, designed to emulate the harmonization of rules governing documentary credits achieved by the UCP. The URR are complementary to the UCP, which they are not intended to override or change. They became effective on July 1, 1996. The purpose of this study is to promote understanding on the Uniform Rules for Bank-to-Bank Reimbursements under Documentary Credits. In this paper, I studied the following subjects:(1) Bank-to-Bank Reimbursements tranaction under Documentary Credits, (2) Meaning of the URR's promulgation, (3) Analysis on the URR's Article. (1) General provisions and definitions, (2) Liabilities and responsibilities, (3) Form and notification of authorisations, amendments and claims, (4) Miscellaneous provisions.

• International Journal of Computer Science & Network Security
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• 제22권11호
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• pp.294-302
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• 2022

The article explores the prospects and trends for the transformation of some basic concepts of law associated with the development of artificial intelligence systems and the problems of liability for harm caused by a robot. The prospects, conditions and consequences of vesting robots with partial (quasi) or full legal personality are explored. This process should lead to a revision of the concepts of will, subjective side and legal responsibility in the direction of their greater universalization. The legally significant signs of will, legal personality, legal liability in relation to robots, artificial intelligence systems and other complex automated information systems are clarified. The author identifies the following essential factors of legal qualification of an act committed by a robot: goals, reasons for setting goals, connections between the planned result and the action taken, the actual result, the reasons for the difference between the actual result and the planned one. The article pays special attention to the preventive function of legal liability, which, when applied to robot subjects, can be expressed in the following basic procedures. 1. Accounting for legal requirements in the behavior of the robot. 2. Timely adaptation of the robot to changes in legislation and other regulatory legal acts that affect its behavior. 3. Accounting for incidents. 4. Destruction of a series of robots whose actions lead to unacceptable consequences.

• 대한지리학회지
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• 제36권4호
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• pp.356-381
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• 2001

본 연구는 세가지 목적을 갖는다. 하나는 한국과 일본의 인구요소를 분석함에 있어 비교규준을 제공해주는 신말사스론과 풍요론의 양립할 수 없는 개념을 분석하는 것이며. 다른 하나는 다양한 인구요소들이 한국과 일본이라고 하는 특정지역과 어떻게 관련되고 있는가를 구명하는 것이다. 마지막으로 50세 이상의 노령인구의 거주선호유형과 장래의 근심도를 비교, 분석하는 것이다. 다양한 인구요소의 분석을 통해서 일본은 한국보다 인구선진형이지만 양자간의 격차는 매년 줄어져감을 알 수 있다. Willer의 이동기대치는 한국이 일본보다 월등 높다는 사실이 광주.전남과 히로시마현의 사례지역에서 발견된다. 일본의 매장문화는 이미 사라졌으나 한곽은 화장률이 아직도 30% 수준 밖에 되지 않아 사망으로부터 오는 인구감소효과를 상실하고 있다. 50세 이상 노인(또는 예비노인)의 거주선호유형에 관한 사례연구를 통해 일본이 한국보다 더 의존형이며, 독거의 외로움이 그 첫째 이유가 되는 것은 양국의 공통적 현상이다 미래에 대한 근심도 역시 일본이 한국보다 현저히 높다. 이것들은 여러측면에서 연령.학력.지역(시.군)과 관련된다. 노령사회에서의 노동력부족이라는 일반적 인식은 잘못된 관념에 불과하다. 그것은 노동력 부재가 아닌, 노인으로부터의 노동력 탈취에서 오는 것이기 때문이다. 인구현상에는 관성의 법칙이 적용되므로 미세한 인구변화에도 주의를 요한다. 말사스적 사고는 아직도 유효하며, 인구.자원.환경문제는 더 이상 개인이나 지역문제가 아닌 전 지구촌의 문제라는 인식이 중요하다.

• 통상정보연구
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• 제15권4호
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• pp.241-265
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• 2013

은행은 오직 서류만을 기초로, 서류가 문면상 일치하는 제시인지 여부를 심사하여야 하며, 물품이나 기초거래 또는 기타 거래관련 사항들을 심사할 필요는 없다. 은행은 제시서류의 형식 충분성 정확성 진정성 위조 여부 또는 법적효력에 대하여 어떠한 의무나 책임도 지지 아니한다. 본 논문의 연구 목적은 신용장거래에서 은행의 서류 심사에 관하여 고찰하는바, 특히 국제상업회의소(ICC)가 제정한 신용장통일규칙(Uniform Customs and Practices for Documentary Credit, 2007 Revision, ICC Publication No.600)과 국제표준은행관행(International Standard Banking Practice, ISBP Publication No.745), Banking Committee의 견해 및 영국의 판례를 중심으로 연구를 진행하였다. 그동안 신용장에 대하여는 그 중요성만큼이나 다양한 분야에서 연구가 진행되어 왔으며, 특히 은행의 서류심사 기준과 요건, 서류심사표준과 불일치서류 제시에 따른 효과, 사기의 문제 및 수익자의 일치하는 제시에 따른 개설은행의 의무 등 다수의 논문이 발표되었다. 선행연구와의 차별성에 관하여, 본 논문은 은행의 서류심사 시 고려사항과 서류불일치에 따른 은행의 조치를 중심으로 UCP600 규정(UCP500과의 비교)의 해석은 물론 2013년 발행된 ISBP745와 다수의 외국판례를 분석 고찰함으로써 실무당사자들에게 필요한 사전지식과 정보를 제공하는데 의의를 두었다.

• 건축역사연구
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• 제2권1호
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• pp.25-41
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• 1993

This study was made to analyze the housing adjustment phenomenon in the first half of Chosun Dynasty by applying Microsociological approach. By reviewing the housing adjustment theory of Morris and Winter, research model for the period was developed in terms of socioeconomic characteristics, normative housing deficit (=cultural norm-housing condition+family norm), constraints, behavioral propensities, and housing adjustment mechanism with the following results : 1. In the first half of Chosun Dynasty the size of the house, the house site and decorating items were specified by law (cultural norm) according to the social status. Although the law was constraints for the housing phenomenon, it was not applied universally. Frequantly the law was violated by the upper class. By the middle of the Dynasty the family norm became more important for the housing phenomenon than the cultural norm. 2. Efforts were made to practice the Confucianism as a cultural norm in the first half of Chosun Dynasty At that time Husband-Living-in-Wife's-House was more popular than Wife-Living-in-Husband's-House. Because the customs were against the Confucianism, the latter was encouraged by law. But it did not change. Instead a compromised system became popular in the middle of the Dynasty. The house shrine was practiced to increase the symbolism of the family, which, in turn, exerted influences in deciding the housing site (cultural norm). These cultural norm was not accepted as the family norm untill the second half of the Dynasty. These trends forced the man and woman use separate areas of the house, and formulated a hierarchic positions within a house. 3. It was shown that the settlement of Confucianism as a family norm was closely related to the popularization of the Ondol system in the house, which functioned as one of the behavioral propensities to encourage diversity of space for many purposes. Though the Ondol system was accepted as a useful heating system earlier, this became more popular in the middle of the Dynasty because the housing pattern with Ondol fitted very well with a large family system with patriarchism. Ondol system for one or two rooms substituted Ondol for all rooms in the second half of the Dynasty. 4. From the beginning of the Dynasty housing adjustment of the family was determined by the social status and by law (cultural norm). Within this cultural norm each family decided its adjustment mechanism according to its economic ability (family norm). Family norm was more important factor than the cultural norm to determine the micro-space pattern in the house. But this period witnessed the formations of new conditions by the ruling class's efforts to implement new ethics for hierarchy and sexual discrimination. According to these conditions the Confucianism overruled the family norm in the later period.

• 항공우주정책ㆍ법학회지
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• 제25권2호
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• pp.79-112
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• 2010

북경협약의 주요 내용으로는 첫째, 민간 항공기를 무기로 사용하거나 다른 항공기 또는 지상의 표적을 공격하기 위해 사용하는 행위도 범죄행위로 규정하고 있다. 민간 항공기를 납치하여 무기로 사용하는 행위, 민간항공기내에서 무기를 사용하는 행위, 민간 항공기에 대해 무기 공격 행위를 신규 항공 범죄로 규정하여 민간 항공기에 대한 공격행위를 억제하며 해당 국가들에게 이를 처벌할 의무를 부여하고 있다. 둘째로 생화학 무기 및 이와 관련된 물질의 민간항공기를 활용한 불법 운송 역시 범죄행위로 간주하여 처벌을 강조하고 있다. 셋째로 군사적 활동 적용 배제하여 무력 충돌 시 군대의 활동에 대해서는 동 협약이 적용되지 않고, 국제인도법을 적용하도록 하였다. 이와 함께 국가 관할권의 확대와 협약의 적용범위 확대로 인하여 범죄가 발생한 영토의 국가 또는 항공기의 등록 국가, 범인이 발견된 영토의 국가뿐만 아니라 범죄자 국적국가, 피해자의 국적국가 및 무국적자가 주소지를 둔 국가도 관할권 행사 가능하게 함으로 신종 항공범죄에 대항 할 수 있으며 나아가 항공기와 공항을 공격하려는 세력들에 대한 피난처가 제공되면 안된다는 점을 명시하고 있다. 마지막으로 협약의 적용범위를 비행 시에서 서비스 범위내로 확대하였다. 이 조약의 특징은 궁극적으로 민간 항공안전의 확보 및 테러 행위 억제에 기여하는 내용이다.

• 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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• 제22권
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• pp.137-171
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• 2004

Under Article 2 of the Uniform Customs and Practice for Documentary Credits (1993 Revision. UCP), letter of credit means an arrangement whereby an issuing bank is to make a payment to a beneficiary, or is to accept and pay bills of exchange drawn by the beneficiary, or authorises another bank to effect such payment, or to accept and pay such bills of exchange, or to negotiate, against stipulated document(s), provided that the terms and conditions of the letter of credit are complied with. In letter of credit operations, all parties concerned deal with documents, and not with goods, services and/or other performances to which the documents may relate (UCP, Article 4). It is important to note that under UCP, if a letter of credit contains conditions without stating the document(s) to be presented in compliance therewith, banks will deem such conditions as not stated and will disregard them (Article 13 c). Section 5-108(g) of the Uniform Commercial Code also contains a similar provision. However on several occasions the Korean Supreme Court held that non-documentary conditions in letter of credit governed by UCP could be regarded as valid, although they were not desirable in the context of letter of credit transactions. The rationale underlying the decisions was that parties to the letter of credit transactions are free to determine the terms and conditions of the relevant letter of credit. After reviewing the relevant provisions of UCP, UCC, the International Standby Practices (ISP98) and the Supreme Court decisions of Korea, the author suggests that we classify conditions that do not require any documents (so called apparent non-documentary conditions) into two categories and treat them differently. There are apparent non-documentary conditions that are consistent with the nature of letter of credit and those which are inconsistent with the nature of letter of credit. In the first category there are two sub-categories, (i) those which are valid and (ii) those which are invalid and thus should be disregarded. In the second category there are two sub-categories, (i) those which are invalid and thus should be disregarded and (ii) those which are valid but deprive the instrument of the nature as letter of credit.

• 무역상무연구
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• 제21권
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• pp.73-97
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• 2003

In this paper, I examined the trends of standardization and electronization of trade documents and SWIFT network. Also, I reviewed on emerging electronic documentary credit for electronic payment and electronic presentation of documents. New international trade customs and practices are being established and changed as a result of the growth of the Internet and other on-line networks. At the same time there is increasing pressure to move from existing paper-based documentary credit to electronic documentary credit. Several projects devoted to development of an electronic letter of credit infrastructure have recently been proposed such as Bolero, SWIFTNet, UNeDocs and eUCP, etc. Yet, little can be done until the presentation process is electrified between traders and banks. Also, interbank communication of letters of credit has long been electronic, mainly through the SWIFT. However, it is not functioned between applicant and beneficiary, although the solution of SWIFTNet has recently been developed. The Banking Commission of International Chamber of Commerce established a working group consisting of experts in the related fields to prepare the appropriate rules as a Supplement to UCP 500 for Electronic Presentation: eUCP. The eUCP will provide the necessary rules for the presentation of the electronic equivalents of paper documents under letters of credit. Some problems of electronic presentation under the eUCP, exist such as format, presentation of electronic records and the way of beneficiary's notice for completeness under the Article e5 if more than one record is to be presented electronically by third parties. Therefore, it is encouraged to provide more detailed guide for eUCP Article e5.

• 무역상무연구
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• 제43권
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• pp.117-142
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• 2009

The purpose of this paper is to examine the basic principles for the examination of documents in terms of the basic duty to examine the documents, the time allowed to the banks to examine the documents, linkage among the documents, the originality of documents and their issuers, and the rejection formula of documents. Further this author would look at the changes of particular transport document including bill of lading, charter-party bill of lading and so on. From the seller's perspective, the changes of the principles and individual documents under UCP600 are the most important in the sense that they affect the criteria against which the payment is made. The major changes include the omission of the phrase "with reasonable care", in terms of the basic examination principles, substitute the phrase "five banking days following the day of presentation" for the phrase "reasonable time, not to exceed seven banking days following the days of receipt of documents", introduce the new wording about the linkage between the documents tendered, and make clear the meaning of the originality of documents as well as the rejection formula. For transport documents, even though dealing with bill of lading, charter-party bill of lading, transport document covering at least two different modes of transport, freight-forwarder bill of lading and freight collect transport documents, this paper focuses on the "transhipment" of bill of lading and the definition of charter-party bill of lading. Thus, UCP has been changed several times to reflect the new banking customs and practice. It, however, would not answer every questions which users and banks will raise. These questions may be best answered in the particular underlying contract. The UCP are necessary but not a sufficient instrument for the smooth operation of an international trade transaction. The rules are now out: it remains to be seen what the players do with it.