• The Korean Journal of Air & Space Law and Policy
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• v.20 no.2
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• pp.59-158
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• 2005

When a military aircraft suffers damages due to the defects in its design, manufacturing or notification, all of which are generally understood as products liability defects, the obvious compensation is sought as it would in other consumer good case. However, there exist clear yet unappreciated difference between general consumer goods and military aircraft, as far as products liability law is concerned - some sort of recovery should be obtained even when there exist only defects, not damages, to the aircraft because of the implication of defective parts is much grave than what can be expected in a consumer goods case. While certain anticipatory measures do exist in manual or at negotiation stages for the safety of military aircraft, such measures are ineffective, if not ambiguous, in recovery effort in the post-accident stage In another word, the standardized military procurement contract manuals and boilerplate forms do not appreciate the unique and dangerous military nature of military aircraft. There are many unique legal issues which can arise when trying to prevent defective aircraft or parts, or to recover compensations for accident due to such defects. At two-level, the government should establish legal system (or countermeasures if you'd like) for purchasing safer military aircraft. First, one should be able to work with legal ground and policy that allows selecting and purchasing safer goods - the purpose of such contract is not litigious, but rather in acquiring what are most reliable. Second, in case the defects do arise and lead to damages, solid legal principles and instructions should be established for effectively pursuing appropriate company, (usually a aerospace industry giant with much experience) for products liability - the purpose of such pursuit is inevitable for a public official, since he or she is no private business man with much flexibilities, even to the point of waiving such compensatory right for future business purposes. This article tries to identify problems in methods of procuring military aircraft or parts - after reviewing on how the military can improve on legal and policy grounds for procuring what will be the focus of future military strength, it will offer some of the ways to effectively handling and resolving a liability issues.

• Journal of Arbitration Studies
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• v.10 no.1
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• pp.92-113
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• 2000

Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits. The goal of products liability system should be to maximize consumer welfare by efficiently providing just compensation for injuries incurred and deterring future injuries without unreasonably impeding the supply of the goods and services to consumers. Some advanced countries, apart from relying on products liability systems, also apply other policies and legislation directly aimed at the safety of the consumer. The application of general safety policies as well as products liability rules is not costless. An efficient system will not eliminate risk from society. An efficient system ... that maximises consumer welfare ... maximises the benefits while minimising the costs. Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction where the claim is based. In view of international business and law circumstances, it should be stressed that international enterprises in Korea should consider how to cope with the situation of international transaction. International enterprises should have a correct perception about products liability which is to contribute the stabilization and improvement of the people's life and the sound develpement of the national economy. Products liability system creates incentives that influence behaviour and performance in ways that are desirable, such as more diligent monitoring to prevent defective products from reaching the market-place. At the same time, any liability system will impose burdens that are undesirable, such as greater costs imposed on business and consumers and reduced avaiability of consumer goods. The concern for society is to balance. The ideal situation is where the cost imposed on producers of goods and services pushes them to a desirable level of care but not so far that producers reach undesirable level of caution that may deprive consumers unnecessarily of the benefits from new and innovative products.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.31-55
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• 2009

This study attempts to provide a comparative overview of the liability systems Korean law and the PELS adopt, that is, the approaches taken by Korean law and the PELS to deal with various irregularities of contractual performance. In addition, it examines in a comparative way the questions of what is the position of the seller's liability for his delivery of defective goods under the chosen liability system and what is the legal nature of the seller's liability. The study finds that the dual liability system taken by Korean law has caused some complexities as to the matter of which liability is applicable in some borderline cases. The problem in such complexities is originated in that the remedies available and the limitation period applicable are differentiated in accordance with one's different categorization among three types of default under the general liability and defective performance under the seller's guarantee liability. In this light, the study argues that the unified liability system under the PELS is superior because its concept of non-performance embraces in a unitary manner all the aspects of default including defects in quality, quantity and title. In addition, it finds that Korean law has suffered endless debates on the question of what are the true contents of the same remedies of rescission and damages provided under the seller's guarantee liability as under the general liability. The debates have been come along on the basis of the traditional presumption among some of civil law jurisdictions that two liabilities be different in terms of not only their legal nature but also their contents of remedies. The study argues that the problem may be circumvented, first, by another way of thinking that the unified liability in Korean law is inferred from the specification of the identical remedies for both the general liability and the seller's guarantee liability under the KCC, second, by the preposition that the requirement of fault be depended upon what remedy the buyer seeks to claim rather than what liability he does to rely on.

• Archives of design research
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• v.1 no.1
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• pp.1-162
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• 1980

The Design Society of Korea. It is our urgent task that we should map out our detailed guiedlines for the improvement of export-oriented industries and of the design of export goods in preparation for our export goal of $30 billion in the upcoming 1980s. The government, university design researchers, and most entrepreneurs have confronted diverse kinds of racking issues: how much do most export industries take advantage of the indus-trial design for the improvement of the quality of export goods\ulcorner, structural defects of most export industries, chronic and vicious cycle of overlooking the value of the industrial design in the process of manufacturing export goods and etc. In other words, the recent trend of slighting the industrial design is to speed up the sales of only unsophisticated goods on the international markets. Although Koreans have been plagued by scantiness of natural resources under these circumstances, most Korean people have showed off their strong will for today's growth. Furthermore, most exporters should do their best to sweep overseas markets by manufacturing sophisticated goods outranking those commodi-ties made by the United States, Japan, West Germany and the other developed countries. In this respect, we have to make our best efforts for the expensive application and practical use of the industrial design, one of the comprehensive sciences, in the face of the hard realities and conditions which we have confronted until now. For example, it can be attributed to the practical application of the industrial design that the neighboring Japan, West Germany, France, the United Kingdom in Europe, and the United States in North America have formulated a highly advan-ced cultural zone and braced up for their own trade protection-ism and tightened their embargoes on EEC goods. Unless any export goods take the best advantage of the industrial design, one of the behavioral sciences capable of satisfying the material mental needs of modern men and of promoting cultural growth, I am convinced that they will not infiltrate into any countries that have enjoyed their own highly cultural lives. It is absolutely important that most Korean universities, state-run, private corporations and research institutes should work out the improvement strategy for the development and practical use of the industrial design as will as the revision of the present curricula of the departments of design. However, most design researchers have come to grips with several difficult problems such as the correlation of export oriented industries and the industrial design and the development of the design of export goods. The improvement of the industrial design is our urgent assignment that we have to solve in the 1980s. Accordimgly, I cannot too much emphasize the value the recognition of the industrial design in our industrial communities because we have never witnessed the prosperity of those countries which have taken little notice of the importance of the industrial design. Hopefully, most entrepreneurs will take much consideration of the value of the industrial design and then can defeat their rival businessmen on the international markets by exporting goods of highly sophisticated design. In this respect, the main purpose of the research paper which this society presented is to underline the fact that the improvement and development of the industrial design is our common assignment to be studied from the viewpoints of national dimension as well as in conformity with our immediate goal for the export-oriented prosperity of state. In conclusion, I would like to highlight the fact that our export goods shall be continually developed in pace with the correlative improvement of the indudtrial design so as to pave the way for their bright prospect and to enhance their best impression of the first-class goods on the international markets.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.23-43
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• 2016

This study describes the exclusion of the seller's liability for defects in title under CISG and UCC. Through comparing two provisions, this article provides contracting parties with guidance regarding choosing governing laws and practical advice. CISG and UCC states not only the seller's liability for defects in title but also the exclusion respectively. Under two provisions, contracting parties who wish to avoid this liability may agree that the liability will not apply. Under UCC ${\S}$2-213(2), the seller's warranty can be disclaimed by specific language in the contract or by the circumstances surrounding the transaction. Although there is no express exclusion provision under CISG Article 41 and 42, Article 6 allows contracting parties to agree that they may exclude the application of the seller's liability. Both Article 42 under CISG and ${\S}$2-213(3) under UCC provide where the buyer furnishes specification to the seller. Under UCC ${\S}$2-213(3), it is the buyer's warranty to hold the seller harmless from any claims which arise from the seller complying with specification furnished by the buyer. But, under CISG Article 42, the seller's duty is excluded if the third party right or claim result from the fact that the seller has complied with specifications provided by the buyer. Therefore Article 42 does not charge the buyer with the duty, but rather limits the circumstances under which he could cause claims under Article 42. Interestingly, CISG has provisions which are absent from UCC. First, under Article 41, the seller escapes the liability if the buyer agree to take the goods subject to the third party right or claim. Second, under Article 42(2)(a), the seller is not liable if the buyer knew or could not have been unaware of the third party right or claim at the time of the conclusion of the contract.

• Proceedings of the KSR Conference
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• 2008.06a
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• pp.1301-1307
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• 2008

The Seoul-Metro is the first city railroad corporation to operate RIMS(Rolling-stock Information Maintenance System). The development of "RIMS Project" and trial running task were started from Mar 29, 2001. Finally, this project was completed successfully on Dec 31, 2005, as integrated systems including light or heavy maintenance works in Ji-Chuk and Chang-Dong Rolling-stock Offices. After that, from 2006 to Dec 31, 2007, we promoted a this new program to other four rolling-stock offices (Su-Seo, Gun-Ja, Sin-Jeong) and the headquarter. For the duration of trial running, we developed and applied new complementary program having made up for the weak points or defects. The series of new program which were newly developed and applied are comprised of an operation management, trouble management, wheel management, heavy maintenance table automatic creation programs and ordering prediction programs to purchase goods smoothly. The Seoul-Metro have registered these programs(RIMS) to Computer Program Protection Committee. We'd like to introduce a composition of program for enhancement of a city railroad Information Systems.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2016.05a
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• pp.263-264
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• 2016

Since 2000s in Korea, apartment building tended to become goods or assets rather than houses. Therefore, conflicts between supplier and consumer were aggravated, and the defect dispute has been increased rapidly. This dispute enlarges to defect lawsuit and it is social and economical matter. The landscape work in apartment building is main work for a resident that appearance and convenient facility which lawn, tree, fountain, chair, playground, and etc. A number of defects surround landscape work are important issue in defect lawsuit, but, a related research is a minority, and a regulation is incomplete. Therefore, this study is basic study for standard of landscape defect type. As case study on defect lawsuit, draw a landscape defect type in apartment building.

• Korea Trade Review
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• v.43 no.4
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• pp.27-50
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• 2018

This study focuses on the judgement of Seoul High Court' regarding the formation and performance of contracts applying the CISG. The purpose of this study is to provide legal understanding to contracting parties involved in contract for the international sale of goods that can be considered in raising the understanding of the CISG within the scope of the subject. This study aimed at the legal validity of judgments, the defects in reason for judgments and legal standards that could be established. The main contribution of this study is summarizing the facts of judgments and arguments of the parties and furthermore, in accordance with the order, the judgment order of the court and the decision criteria of the application law, the CISG articles comment and interpretation on the formation of the contract, legal bases of fundamental breach of contract, termination of contract, concurrent fulfillment and other supplementary matters and so on.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.153-178
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• 2016

The United Nations Convention on the International Sale of Goods(CISG) leaves a number of aspects concerning commercial sales untouched. In particular, it is not concerned with the validity of the contract or of any of its provisions or of any usage. And UNIDROIT don't deal with all-round validity in International Commercial Contract. Especially, UNIDROIT includes declaration of intention department. The UNIDROIT contains the chapter 3 on the "validity" in terms of the defects of consent such as mistake, fraud, and threat as well as "gross disparity". Notwithstanding these provisions, the Principles did not deal with invalidity arising from the lack of capacity or authority, or immorality or illegality. On the other hand, there are arguments that the corresponding provisions of the Principles of International Commercial Contracts(UNIDROIT Principles; PICC). Therefore, Validity in International Commercial Contract is delegate by Each Country Law. So Trade practicer should know full well about Each Country Law Position. People(human, corporation, company) of position Trade practice classify each country civil law relation to validity of commercial contract. This paper is to examine the Validity of UNIDROIT Principles. Also this paper analyses comparison on each country position relation to capacity of right, capacity to act, illegality of contract, declaration of intention. In conclusion, This paper expect that people of trade practice makes use of analysis knowledge.

• The Transactions of the Korean Institute of Electrical Engineers P
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• v.57 no.2
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• pp.91-95
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• 2008

The large AC generator fault may lead to large impacts or perturbations in power system. The generator protection control systems in Korea have been imported and operated through a turn-key from overseas entirely. Therefore a study of the generator protection field has in urgent need for a stable operation of the imported goods. In present, the algorithm using the current ratio differential relaying based DFT for stator winding protection or a fault detection had been applied that of internal fault protection of a generator. the DFT used for the analysis of transient state signal conventionally had defects losing a time information in the course of transforming a target signal to frequency domain. In this paper, the discrete wavelet transform (DWT) was applied a fault detection of the generator being superior to a transient state signal analysis and being easy to real time realization. The fault signals after executing a terminal fault modeling collect using a MATLAB package, and calculate the wavelet coefficients through the process of a muiti-level decomposition (MLD). The proposed algorithm for a fault detection using the Daubechies WT (wavelet transform) was executed with a C language and the commend line function for the real time realization after analyzing MATLAB's graphical interface. The advanced technique had improved faster a speed of fault discrimination than a conventional DFR based on DFT.