• Journal of Navigation and Port Research
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• v.26 no.4
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• pp.399-406
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• 2002

There may be some cases in which underwriters refuse to pay claims to the assured in case of his want of due diligence and actually, a lot of cases which an assured could not have been covered, existed through the history of marine hull insurance claims. Statistically, looking back the past marine accident cases in korea, the most parts of the accident are man-made disasters caused by want of due diligence. So, this study will focuss on this kind of marine losses and insurance clauses and other relevant rules containing due diligence such as due diligence of the assured in inchmaree clause, ITC-Hulls(1983), and due diligence of carrier in Hague-Visby Rule and so on. This study also shows what the disadvantages to marine enterprisers are, caused by want of due diligence and the advantages of doing due diligence are. In conclusion, this study contends that marine enterprisers should perform due diligence in dong their business for both financial stability and good management of their companies.

• Journal of Korea Trade
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• v.24 no.1
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• pp.59-81
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• 2020

Purpose - This study analyzes the scope of due diligence and risks of banks and K-Sure in trade finance covered by EFF focusing on Moneual case, one of the latest and biggest trade finance fraud cases in Korea. Also, we suggest anti-fraud measures in trade finance on the part of banks and K-Sure in order to give them a desirable way of due diligence and reasonable risk management of export insurance. Design/methodology - Based on Moneual case of trade finance fraud, this study employs the methodology of an extended literature review and analysis of court decisions. Findings - Seoul High Court of Korea failed to decide whether K-Sure was wholly obliged to pay the insurance against the banks' EFF claims, but issued a compulsory mediation order, judging that both the banks and K-Sure were responsible by 50:50. The court may have judged that both the parties had lacked their due diligence in the trade finance. It is quite difficult for trade finance providers to manually investigate whether the transaction is suspected of trade finance fraud, so digitalization of trade finance which can facilitate the prevention and detection of trade fraud needs to be realized quickly. Since there has been no international rule available for open account trade finance up till now, clearly stipulated EFF terms on the exporter's genuine export obligation might have protected K-Sure from the disaster. Originality/value - This study investigates the due diligence of the banks and K-Sure in Moneual case which few researchers have considered, to the best of our knowledge. This study also suggests several practical methods (including block chain) to prevent complicating trade finance fraud amid increasing use of an open account, and further offers reasonable risk management of EFF employing international factoring rule which is also related to problematic open account trade finance.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.13 no.9
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• pp.1845-1850
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• 2009

Generally, small and medium scale enterprises have conventionally been performing diligence and indolence management by hand, but many of them have been recently costing a lot of money for their diligence and indolence management and security maintenance. But yet, they have annoying sides due to the initial stage cost for the introduction of the system which is consisted of a terminal for reading a card, an RFID card, an administrative sewer and an application program for the diligence and indolence management as well as the insufficiency of the fixing skill being able to cope with the problems originating from hardware and software troubles. For this reasons, we developed a new diligence and indolence management system that the initial stage cost is moderate because it is needless to purchase a new server and to issue a new card, and the operation and management of the system is convenient because an RFID card reader communicates with a central administrative server in IDC(Internet Data Center) over internet for the diligence and indolence management.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.469-492
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• 2000

"International Safety Management(ISM) Code" means the International Management Code for the Safe Operation of Ships and for Pollution Prevention as adopted by the Assembly, as may be amended by the International Maritime Organization. This Code have brought into force internationally since 1th July, 1998 by incorporated to the new Chapter Ⅸ in the SOLAS Convention. Accordingly those States which give effect to the SOLAS Convention will have to ensure that rules giving effect to the Code are introduced into their domestic legislation. The purpose of this Code is to provide an international standard for the safe management and operation of ships and for pollution prevention, by this to reduce the maritime casualty which could caused by neglect of person. To achieve this purpose the ISM Code specifies a number of broad 'safety management objectives' for owning or operation companies, and it requires that such companies should establish, implementing and maintain a written Safety Management System(SMS) covering a whole range of safety environmental and related matters. These requirements of the Code could effect on the carrier in some points such as duty of due diligence to care for cargo, due diligence to make the vessel seaworthy and burden of proof etc. In this respect, We should know that the ISM Code could effect on the carrier advantageously or disadvantageously subject to whether the carrier observed the requirement of the ISM Code. Although it does not add cause of liability or increase limitation of liability imposed to the carrier.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.47 no.1
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• pp.51-59
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• 2024

Recently, ESG management has become a global trend, receiving increasing attention from stakeholders such as consumers, investors, and governments, as regulations related to ESG disclosure and supply chain due diligence have been strengthened since the United Nations Principles of Responsible Investment (UN PRI) was announced in 2006. ESG is an acronym for the environment (E), social (S), and governance (G) and is accepted as a key factor for the continuous survival and growth of a company. As a result, there are over 600 ESG management evaluation indicators operated domestically and internationally, and numerous global initiatives have emerged. Korea's Ministry of Trade, Industry and Energy also announced "K-ESG Guidelines (December 2011)" and "K-ESG Guidelines for Supply Chain Response (December 22)" to help SMEs introduce ESG management and respond to supply chain due diligence. However, small-scale manufacturing companies with poor financial, human resources, and technological capabilities face significant challenges in introducing ESG management. Accordingly, this study aims to examine the current status of ESG management adoption in small-scale manufacturing companies with less than 150 people in Korea and propose activation plan ESG management based on the diagnostic requirements of the "Supply Chain Response K-ESG Guidelines."

• Proceedings of the Korean Society of Marine Engineers Conference
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• 2005.11a
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• pp.94-97
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• 2005

Seaworthiness is an important part of the carrier's obligation in the carriage of goods by sea. Especially seaworthiness of the ship is one of the most important obligations of the carrier in the field of international transport law. Therefore it will be important to examine the expected impacts by adopting a continuing duty of seaworthiness in UNCITRAL Draft Instrument from the Korea point of view because Korean Commercial Act provides that carriers are only obliged to exercise due diligence to make the ship seaworthy before and at the beginning of the voyage. This paper examines the concept of the seaworthiness and analyses the provisions of the Draft Instrument for the duty of seaworthiness in comparison with the Korean Commercial Act.

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.41-72
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• 2018

In the division of labor (or teamwork) in medicine, the responsibility of medical and nursing staff should be separated or distributed to justify negligent criminal offenses. The present work refers to the standards by which the due diligence and responsibility of the individual persons are to be determined and delimited. In this context, it has been proven that objective theory as a measure of due diligence is appropriate. From a moral point of view, when assessing due diligence, it makes sense to impose greater individual or higher performance demands on the perpetrator, but law and order require that due diligence should result from socially relevant human behavior. To give objective measure of negligence and to provide the highest level of personal responsibility, so that man can not be burdened too much responsibility and it is accordingly with an equality theorem. Afterwards some points are presented, which should be considered in a concrete fact in the determination of the medical negligence. Medical action has specific characteristics such as professionalism, discretionary and exclusive, unbalance of information. These characteristics distinguish medical actions from general negligence. The general level of knowledge, the urgency, working condition and working environment of the medical facility, duration of the professional practice, assessment of the medical activity are crucial in this context. As a standard of delineation of due diligence, I have used the permitted risk and the principle of trust. In the horizontal division of labor, the principle of trust applies. The principle of trust applies in principle in cases of division of labor interaction, when doctors in the same hospital exercise their own specific occupational field or everyone works in another hospital. However, this is not true for every case. In the vertical division of labor, the principle of trust does not apply and the senior physician can not trust the assistant doctors. In this case, the principle of trust is converted into a duty of supervision for assistant doctors by the senior physician. This supervision requirement could be used as a random check.

• Korea Trade Review
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• v.48 no.3
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• pp.1-22
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• 2023

Many major country have struggled to build a block of the secondary battery industry supply chain by considering their interests first. And their supply chain due diligence agreement mandates due diligence on human rights and environmental risks that may occur throughout the supply chain. So the integrated approach called supply chain ESG is needed. But there isn't to be a global standard for ESG yet. And the disclosure standards for each country are different, adding to companies' confusion. In this perspective, to present guidelines for establishing a supply chain ESG management strategy accompanied by Korean SMEs, this study presents environmental evaluation indicators of global secondary battery supply chain ESG customized for Korean SMEs and then performs weight analysis using AHP methodology. Through this, this study aims to suggest implications for accepting sustainability within the supply chain of Korean SMEs by presenting indicators to be considered first among environmental evaluation indicators in preparation for ESG due diligence of the global secondary battery supply chain.

• Journal of Korea Port Economic Association
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• v.21 no.4
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• pp.121-139
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• 2005

The case, Papera Traders Co. Ltd. and Others v. Hyundai Merchant Marine Co. Ltd and Another(The Eurasian Dream), was occurred on July, 1998 when the ISM Code became mandatory under SOLAS and from that date it applied to oil tankers, chemical tankers, gas carriers, bulk carriers and cargo high-speed craft of 500 gross tonnage and above. On July 23, 1998, a fire started on the deck of pure car carrier Eurasian Dream while in port at Sharjah. The source of fuel was the stevedores action of pouring petrol or transferring fuel in some way - refueling or pouring into a carburettor. The fire eventually destroyed or damaged the vessels cargo of new and second-hand vehicles and rendered the vessel itself a constructive total loss. Justice Cresswell held that the fire that destroyed or damaged the cargo was due to the unseaworthiness of the vessel they have the burden of proving that the vessel was unseaworthy before and at the beginning of the voyage and that the loss or damage was caused by that unseaworthiness. This case was a dispute between dependent and claimant alleging that the carrier should provide "properly man, equip and supply the ship and keep the ship so manned" under Hague-Visby Rules. Although ISM code was not officially applied to the carriage by car carriers until July 2002, a rule based on the code had customarily been employed as a mean for international dispute resolution. Examining the above case closely, the purpose of this study is to explore the relation of ship management and obligation to exercise due diligence in making the vessel seaworthy.

• Korean Journal of Construction Engineering and Management
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• v.13 no.3
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• pp.56-66
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• 2012

The Recent Specialty Contractor in construction of the reduced quantity due to the recession, but competitive in order to increase the number of companies that are increasingly competitive. The field work of one person to perform the work of employees and multiple sites, workforce supply flow that occurs at each stage of information transfer is not made a late staffing. Therefore this research has proposed a new alternative that can overcome them and the entire industry in recent issue smart phone features that take advantage of GPS(Global Positioning System). This paper presents a Diligence and Indolence Management System using GPS of smart phone. offering the advantage of Web-based PMIS(Project Management Information System) through integration with real-time information transfer and smart phone applications for query by building a prototype of a professional construction company as their own on-site management measures are proposed to contribute time and attendance.