• 한국관광식음료학회지:관광식음료경영연구
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• 제17권1호
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• pp.109-123
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• 2006

The purpose of the study is to develop a curriculum of school hotelier using a job analysis. A job analysis is used to reform the educational programs and to develop new ones. For the analysis New Analysis Method and Verification Method is applied. As the results of analysis are the following: Hotel Management, Food & Beverage Management, Cocktail, Hotel Marketing, Room Management, Service Management, Wine and Food, Principle of Cooking, Tourism Law, Hotel & Food Service Management Case study, On the Job Training in Hotel & Food Service, Out Eating Management, Introduction to English, Vocational English, TOEIC. English Conversation, Introduction to Japanese, Vocational Japanese, JPT, Japanese Conversation, Thesis, Language Study in Foreign Countries.

• 통상정보연구
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• 제7권4호
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• pp.457-466
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• 2005

The main narrative of Shakespeare's The Merchant of Venice deals with a dispute over the matter of bond in regard to moneylending, and its consequences upon the eventual default. Only the clever interference of a lawyer or judge brings the crisis to an end. In solving his dispute over the bond between Antonio, the merchant of Venice, and Shylock, the money lender and a Jew, Shakespeare offers one of the most famous trial scenes in literature. This trial scene presents the art of arbitration by Portia who was disguised as a Doctor of Law and sheds light on the nature of law, justice, equity, and divine law. What one cannot overlook in this trial scene is the importance of reading ability. After all, interpretation is the next stage of reading. Drawing just verdicts and wise arbitration while at the same time deconstructing the implicit violence and incongruity in law is based on ceaseless effort of analytic and creative act of reading.

• 무역학회지
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• 제43권4호
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• pp.89-110
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• 2018

본 연구는 신용장거래에서 은행의 독립지급의무 및 이 의무에 대한 예외적인 취급원칙과 방향에 대한 문제를 소재로 취급하였다. 독립원칙과 독립원칙에 대한 예외문제는 신용장의 본질에 관계되지만 국가마다 이러한 문제를 취급하는 태도에 차이가 존재한다. 본 연구에서는 영국에서의 태도를 분석하기 위해 독립원칙과 예외문제를 취급한 판례 중에서 지도적인 판례로 인정되는 사례를 중심으로 하여 독립원칙과 예외문제를 취급하는 영국의 입장을 분석하였다. 영국법원은 가능한 한 상인들 간에 형성되어 온 상관습을 존중하려는 입장을 취해 왔으며 독립원칙의 실무적인 적용에 있어서도 이러한 입장을 반영하여 독립원칙의 중요성을 강조하면서도 실질적으로는 개개의 사안마다 당사자의 형평을 고려하여 예외문제를 취급하여 왔다. 그러나 미국의 Sztejn 사건을 계기로 하여 영국에서도 독립원칙의 적용에 대한 태도의 변화를 보여 신용장거래에서의 사기뿐만이 아니라 기초계약에서의 사기도 독립지급의무에 대한 예외사유로서 인정하기 시작하였다. 그렇지만 독립원칙에 대한 예외의 운영방식에 따라 신용장제도의 존재의의가 상실될 우려가 있고 또한 발행의뢰인에 의해서 예외적용을 남용할 가능성도 있다는 문제점들을 감안하여 영국은 비록 사기적인 요소가 존재하지만 수익자 자신이 선의의 입장에 있는 경우에는 수익자를 보호하는 입장을 채택함으로써 예외인정과 예외의 남용문제 간의 조정을 도모하고 있다.

• 영어영문학
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• 제56권6호
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• pp.1211-1234
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• 2010

Mule Bone (1931), Zora Neale Hurston's collaboration with Langston Hughes, has been credited as the 'first' attempted by African Americans to create black folk comedy. The proposed research is driven from a question to the recent scholarship's tacit consent on such historic importance imposed on the play. This paper suggests a possibility that De Turkey and De Law (1930), Hurston's edition of the collaboration work, could be the truly first attempt in the tradition of American black folk comedy. By illuminating a series of historical moments in which Hurston first expressed her dream for writing a real black folk comedy that would be a really new departure in the African American drama, then collaborated with Hughes on the dream play project, and eventually quit the collaborationship due to artistic dispute with Hughes, this paper explains why Hughes edition Mule Bone came to remain 'unfinished' and, more importantly, fall short of Hurston's original goal and expectation from the collaboration. On the other hand, this paper sheds light on the significance of often-ignored Hurston's edition De Turkey and De Law by demonstrating how this play, compared to Mule Bone, fulfills her original idea of black folk comedy in terms of contents and themes compared with Mule Bone. Adding to the knowledge about little known behind story related to the Mule Bone controversy and the subsequent birth of the two different editions of the Hurston-Hushes collaboration project, supplementing the dearth of the related research with a critical comparison of the two editions, and discussing the validity of Hurston's edition as the real sense of black folk comedy, this paper argues for the necessity of reconsidering the origin of the mentioned genre. This paper finally concludes that De Turkey and De Law, replacing Mule Bone, deserves a right to be truly the first American black folk comedy genre in the sense that it was completed and copyrighted three months earlier than Mule Bone and that, more importantly, it cherished the original aim and artistic vision of black folk comedy Hurston first planned and expected through the collaboration with Hughes.

• 한국중재학회지:중재연구
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• 제22권2호
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• pp.125-157
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• 2012

This study is to vindicate the vacation of arbitral awards in the United States. It focuses on the harmony of case law with statutory law of the United States. Until the early twentieth century, the American legal system, having adopted the English common law view, harbored a hostile attitude toward arbitration. The purpose of the Federal Arbitration Act (FAA) of the United States, enacted in 1925, was to eliminate the hostile attitude of courts toward arbitration. Congress is to enforce arbitration agreements into which parties have entered and to place arbitration agreements upon the same footing as other contracts. The structure of grounds for vacating arbitration awards has two layers. One is of vacating grounds with statutory origins, such as the FAA and the Uniform Arbitration Act, and the other, of vacating grounds originating from a nonstatutory, case law background. For a while, vacatur based on case law has coexisted with vacatur on statutory grounds for arbitration awards. After the Supreme Court decision in Hall Street Associates, L.L.C. v. Mattel, Inc., however, the justification of vacating based on case law has weakened. Post-Hall Street decisions of circuit courts show ways to deal with manifest disregard of the law. One of them is the harmonization of the case law grounds for vacating with the statutory grounds. It seems that the manifest-disregard-of-law and public-policy exceptions show a possibility of survival after Hall Street. However, other nonstatutory grounds for vacation of arbitration awards have no firm basis after Hall Street.

• 한국항해항만학회지
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• 제26권1호
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• pp.66-77
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• 2002

Generally hull insurance is undertaken by mean of a contract of hull insurance. A contract of hul1 insurance here is a contract whereby the insurer undertakes to indemnify the assured against the loss and damage to the vessel mused by maritime perils. A contract of hull insurance is consists of printed main insurance clauses and a clause includes many sub-clauses. Now the Institute Time Clauses-Hulls (hereunder refer to as "English hull insurance clauses"made by the Institute of London Underwriters is much used as the standard from or basic from by many countries ail over the world Now Korean insurance companies hue not made our their own hull insurance clauses, they have just adopted the made-out English hull insurance clauses and the english law and practice to solve the problem related to marine insurance. On the other hand, the United States of America and Japan have made out their own hull insurance clauses based on English hull insurance clauses and used the clauses for many years. Now American is using American Institute Hull Clauses(hereunder refer to as "American hul1 insurance clauses"as its own clauses which was made out by American Institute of Marine Underwriters in 1977 and Japan is also wing its own clauses named Japanese Hull Standard Clauses(hereunder refer to as "Japanese hull clauses") which was made out by japanese Hull Insurance Association in 1990. Therefore the purpose of this study is not only to make a comparative study on English hull insurance clauses 1995, American hull insurance clauses 1977 and Japanese hull clauses l990, but also to supply on some legal materials necessary for Korea to establish and perform our own hull insurance clauses.

• 무역상무연구
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• 제17권
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• pp.7-35
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• 2002

In many international financing transactions Korean companies are required to issue a guarantee. Thus far, however, legal issues on international guarantees have not been fully discussed in Korea. This is partly because most of the international guarantees are governed by a foreign law such as English law or the laws of the State of New York. In this articles the author examines major concepts or terms and conditions of a typical international guarantee, e.g., language on consideration, primary obligor, joint and several guarantee, unconditional and irrevocable guarantee, continuing guarantee, right of subrogation, representations and warranties, covenant or undertaking, currency indemnity, assignment, participation, governing law and jurisdiction clause, etc. For reference, standard forms of a guarantee and a standby letter of credit are attached to the article. In examining the terms and conditions, the author compares them with similar or equivalent concepts under Korean law. The author further discusses some Korean law issues that may arise under international guarantees governed by a foreign law. These issues include the application of the ultra vires doctrine under Article 34 of the Civil Code of Korea, the validity of an international guarantee which a Korean company has issued in violation of the guarantee ceiling set under Article 10 of the Law on Monopoly Regulation and Fair Trade of Korea and the validity of an international guarantee which a Korean party has issued in violation of the Foreign Exchange Transaction Law. In addition, the author discusses some issues under a so-called independent guarantee and a standby letter of credit. In this regard, reference is made to the Uniform Rules for Demand Guarantee (URDG), International Standby Practices (ISP98) and the Convention on Independent Guarantees and Stand-by Letters of Credit adopted by the United Nations in 1995. Finally, the author examines major terms and conditions of typical comfort letters and discusses some legal issues, such as the binding force of the comfort letter. In dealing with the issues the author underscores that to the extent the issues are not properly dealt with by an international norm such as Uniform Customs and Practice for Documentary Credits or ISP 98, the issues must be analyzed by reference to the governing law of the relevant instrument.

• 무역상무연구
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• 제31권
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• pp.59-78
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• 2006

The purpose of this research is to discuss the excepted perils of carriers, to expose moot points arising from the applications of the excepted perils of the carriers, and then to suggests improvements them. The methodology of this research depended largely upon a combination of the related precedents, international treaties related to the excepted perils of carriers. The excepted perils of carriers in marine carriage begin with extremely limited perils based on the receptum liabilities and the absolute liability principle in English common law. Proceed via the intemperate expansion of the excepted perils by the widespread diffusion of the principle of free contract. but via the American Harter Act, The Hague Rules, The Hague Visby Rules, and The Hamburg Rules Came contracted. This study conducted an analysis of the excepted perils for the carriers and suggests improvements in them but it remains regrettable that we are not in a position to sustain them since we are lacking is precedents connected with The Hamburg rules.

• 무역상무연구
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• 제20권
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• pp.83-112
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• 2003

This study primarily concerns the Sale and Supply of Goods to Consumers Regulations 2002, focusing on the newly amended rules of the Sale of Goods Act(1979). It describes and analyzes the provisions of Regulations 2002 in a comparative way in order to provide legal advice to the sellers who plans to enter into English consumer markets. It also attempts to compare the rules of Regulations 2002 with those of CISG and to evaluate them in light of the discipline of Law and Economics the basic question of which is whether a solution from one jurisdiction may enhence 'efficiency', serving the goal of reducing negotiation costs through providing a set of default terms, and through imposing an efficient solution which may assist value maximizing exchange where disputes arise.

• 무역상무연구
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• 제57권
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• pp.35-60
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• 2013

The Incoterms which is one of the most useful international instrument for sale of goods provides when a contract goods deliver, risk passes and how costs are allocated between seller and buyer on the contract as long as they agree to use a rule of the Incoterms rules. The Incoterms rules have come into effective to use for an international or domestic trade of goods since January 2011, which have been modified several times since these established by ICC in 1936. The origin of Incoterms rules may had been appeared from English traditional FOB terms that had been affected to American regulations for the sale of goods. The Incoterms rules which had been started from the traditional English FOB terms and American FOB terms have been expanded other trade terms, such as CIF. Although FOB is based on the COD(Cash on Delivery), it is possible replaced COD to CAD(Cash against Delivery) through the use of Bill of Lading and Letter of Credit in the international sale of goods between seller and buyer according to the development of infrastructures on the international commercial transactions. This article exercises the process of transition of the Incoterms rules, being based on the English and American traditional FOB contract form through review literatures, judical precedents and provisions. Then this article provides some feasible alternatives to attempting to resolve some regulation problems of FCA, CPT, CIP, and D-rules in the Incoterms$^{(R)}$ 2010.