• 무역상무연구
• /
• 제53권
• /
• pp.207-229
• /
• 2012

In IP 7 and LCCP 201, Law Commission considers the insured's duty of good faith after the formation of the contract. This article intends to review and analyse the legal implications of proposals in IP 7 and LCCP 201. The results of analysis are following. First, Law Commission propose to end the remedy of avoidance under MIA 1906 section 17, because avoidance of past claims is unprincipled, impractical and unnecessarily harsh. Secondly, LC proposes that an insured who makes a fraudulent claim should forfeit the whole claim which the fraud relates, but that the fraud should not invalidate previous and legitimate claims. Thirdly, LC proposes to introduce a statutory right for the insurer to claim damages for the reasonable, foreseeable costs of investigate a fraudulent claim in specific circumstances and that damages would be limited to those cases where the insurer can show an actual, net loss. Finally, LC provisionally propose that an express fraud clause should be upheld in business insurance, whereas in consumer insurance, any term which purports to give the insurer greater rights in relation to fraudulent claims that those set out in statute would be of no effect.

• 기독교교육논총
• /
• 제63권
• /
• pp.283-315
• /
• 2020

본 연구의 목적은 유아가 이해하는 신앙의 의미를 발견하여 유아기 신앙교육의 방향을 제언하는 것이다. 이러한 목적을 위해 본 연구에서는 초등학교 입학 전인 유아 17명을 면담하였다. 10개의 면담 질문을 통하여 유아들이 이해하는 '믿음'과 '교회'의 의미를 분석하였다. 연구 결과, 유아들은 믿음을 기도, 찬양, 예배 등의 종교적 행위, 선행의 실천, 천국에 들어가는 열쇠 그리고 하나님을 섬기는 방법과 사명을 제시하는 방향타로 이해했다. 면담 중 유아들은 풍부한 성경 지식을 드러냈고 신학적 용어도 사용하는 모습을 보였으며, 부모, 사역자 또는 친구를 신앙의 모델로 선택했다. 유아들의 교회에 대한 생각은 종교적 행위를 하는 곳, 영적인 기쁨이 있는 곳 그리고 자신이 좋아하는 일로 만족을 느낄 수 있는 곳이었다. 본 연구의 결과가 유아 신앙과 관련된 후속연구의 기초자료 및 유아 신앙교육을 위한 실천에 활용되기를 기대한다.

• 한국지역사회생활과학회지
• /
• 제21권2호
• /
• pp.227-242
• /
• 2010

The purpose of this study is to explore cultural factors that affect food consumption patterns by comparing them for college students in Korea and China. This study includes seeking pleasure, seeking satiety, and seeking well-being. Food consumption patterns, social responsibility, the value of life, faith in God, traditional moral fundamentalism and cultural taste are the cultural factors. To achieve the purpose, SPSS Win.(12.0) and LISREL(8.72) are applied. From the results of this study, first, among food consumption patterns, Koreans and Chinese both are found to put a higher value on seeking pleasure than other consumption patterns, and Chinese are found to put a higher value on seeking satiety. Second, for Koreans, the value of traditional moral fundamentalism and social responsibility are found to significantly influence seeking satiety and seeking well-being. If they had a higher degree of traditional moral fundamentalism, they would like to seek more satiety from food. And if they had a higher degree of social responsibility, they would like to seek more well-being from food. However, for Chinese, seeking pleasure is found to be significantly influenced by social responsibility and a faith in God, and seeking satiety is found to be significantly influenced by social responsibility and the value of a good life while seeking well-being is found to be significantly influenced by social responsibility and a faith in God. Compared with Koreans, cultural factors such as social responsibility, a faith in God, the value of a good life for the Chinese might influence significantly all three types of food consumption patterns. Thus, this study might provide more useful information about finding cultural differences of values and food consumption patterns between Koreans and Chinese.

• 무역상무연구
• /
• 제33권
• /
• pp.191-219
• /
• 2007

Section 39(5) of Marine Insurance Act 1906 concerns the case where with the privity of the assured, the ship is sent to sea in an unseaworthy state. The underwriters argue that the assured had"blind-eye knowledge" of the particular respect in which the ship was unseaworthy. Blind-eye knowledge requires a conscious reason for blinding the eye. There must be at least a suspicion of a truth about which one do not want to know and which one refuse to investigate. What has caused greater difficulty is the broad provision in s.17 which appears to be unlimited in its scope. The expression "utmost good faith" appears to derive from the idea of uberrimae fidei, words which indeed appear in the sidenote. The concept of uberrima fides does not appear to have derived from civil law and it has been regarded as unnecessary in civilian systems. S.17 raises many questions. But only two of them are critical to the decision of the present appeal-the fraudulent claim question and the litigation question. It is however necessary to discuss them in the context of a consideration of the problematic character of s.17. In the Star Sea Case, for the defendants to succeed in their defence under this part of the case the defendants have to show that claim was made fraudulently. They have failed to obtain a finding of fraud. It is not enough that until part of the way through the trial the owners failed to disclose to the defendants would have wished to see in order to provide them with some, albeit inadequate, evidential support for their alleged defence under s.39(5). The defence under s.17 fails. The Purpose of this work is to analyze the Star Sea Case, and to explore problems of the MIA relating to the judgement of this case.

• 무역상무연구
• /
• 제22권
• /
• pp.173-197
• /
• 2004

Letter of Credit between buyer and seller in International Trade Transaction is the means of payment which makes International Trade operate smoothly by guaranteeing an exporter against non-payment and an importer against non-delivery. Therefore, the parties to a sale apply UCP500 established by the International Chamber of Commerce, in accordance with principle of the freedom of contract among the parties concerned, to look to their own legal stability. However, we may recognize some cases to have been applied principle of faith and trust, one of the dominant principles of the civil law, by the Korean Supreme Court and other cases to have not been applied that principle by the Korean Supreme Court. The Court shall apply UCP500 strictly as long as the parties concerned adopt UCP500 in view of the legal stability. In other words, in case that the Court applies principle of faith and trust to the case related to L/C, this rule - principle of faith and trust - should apply to the subject matter which have not stipulated in UCP500 under certain restriction. We suggest keeping in mind points to korean companies as follows; First, the parties to a sale shall understand L/C basis transaction and principles related to L/C deeply. Second, the exporter shall prepare documents in compliance with L/C and fulfil his or her obligation according to UCP500 and L/C related to the contract. Third, as buyer or importer, when he or she receive the shipping documents with discrepancies from the notifying bank, he or she makes him or herself clear to all the parties concerned. Fourth, as bank, she shall examine all the documents according to UCP500 and L/C related to the contract, and if any document with discrepancies, the bank, by all means, shall approach applicant first, and then decide whether to pay the credit amount to beneficiary or not to.

• 무역상무연구
• /
• 제49권
• /
• pp.257-281
• /
• 2011

The duty of utmost good faith is found in sections 17-20 of MIA 1906. Critics of the current legal regime on the pre-contractual duty from the viewpoint of the assured, have been concentrated on two points in particular. First, the scope of the duty is so wide that it imposes too high burden on the assured. The second criticism is directed at the remedy, prescribed by the MIA 1906, s.17, against breach of the duty. This article intends to analyse the legal implications of proposals in CP 2007 for reforming pre-contractual duty of utmost good faith of business assured in English insurance contracts law and the problems of proposals. The Law Commissions are proposing four fundamental changes to meet the long-standing criticism and the results of analysis are as following. First, the Law Commissions are proposing a change in the test of constructive knowledge in relation to the duty of disclosure so that a business assured will be obliged to disclose facts which he knows or a reasonable ought to know in the circumstances. Secondly, deviating from the current legal position, the Law Commissions are proposing that if a business assured has made a misrepresentation, but the assured honestly and reasonably believe what it said to be true, the insurer should not have any remedy due to the misrepresentation. The proposal is designed to protect the reasonable expectations of business assured at the pre-contractual stage. Thirdly, the Law Commissions are proposing to change the test for materiality by replacing the "prudent insurer" test by a "reasonable assured" test. The proposed test would focus on the question of what a reasonable assured in the circumstances would think what is relevant to the judgment of the insurer. Finally, the Law Commissions are proposing flexible remedies in case of the breach of the duty. The Law Commissions are proposing no remedy when an assured is acting honestly and reasonably, while avoidance in case of dishonesty. On the other hand, The Law Commissions seem to have an intention to introduce a compensatory remedy in case of negligent breach of the duty.

• 예술인문사회 융합 멀티미디어 논문지
• /
• 제6권7호
• /
• pp.17-26
• /
• 2016

SK컴즈, 옥션, KT 등 대형 인터넷 서비스 제공자의 부주의로 인하여 이용자의 정보가 유출되는 정보유출사고가 국내에서 여러 차례 발생하였다. 이러한 해킹으로 인한 개인정보 유출사고에서 인터넷 서비스 제공자의 법적 책임 여부를 판단하기 위해서는 기존 법령 위반 또는 법 일반원칙인 신의칙 위반 여부를 살펴보아야 한다. 그러나 현재 인터넷 서비스 제공자의 신의칙상 책임 범위를 판단할 수 있는 객관적 기준은 없는 상황이다. 이러한 신의칙상 보호조치 의무의 범위의 불확정성은 기업들에게 불만을 초래하는 요인이 되므로 이 범위를 어떻게 확정할 것인지 그 판단범위로서 객관적인 지표의 제시가 필요하다. 하지만 앞서 언급된 법의 성격상 보호조치 의무의 범위를 확정하여 법령에 규정할 수 없으므로, 이를 해결하기 위해서는 단순히 법제도 차원에서 고민할 것이 아니라 융합적 차원에서의 접근방법이 필요하다. 이에 본 연구에서는 기술적 부분, 법제적 부분, 관리적 부분으로 나누어 융합적 관점에서 사업자의 주의의무 위반의 범위를 예견할 수 있는 객관적인 기준에 대한 방안에 대해 논의한다.

• 대순사상논총
• /
• 제18권
• /
• pp.135-148
• /
• 2004

Why do religions emphasize good deeds like charity or love? What kind of relation are there between good deeds and salvation? Early Buddhism stresses that the deed of mortal cannot escape retribution. And deeds are intentional act, so those are representation of mind. Therefore an issue of mind raises its head before action. The extinction of ignorance and thirsty gives rise to good mind, and the good mind produces good deed. Mahāyāna Buddhism accentuates charity. It signifies that the mind of oneself sympathizes the mind of others. That is impossible unless one throws away attachment to oneself. The alms deed makes that possible. In Roman Catholicism Ten Commandments assert absolute worship to god. The transcendental merits devaluate worldly ones, so the mind can obtain calmness. Protestant claims the one can acquire salvation only by faith. And the salvation leads human to good deed. In conclusion good deeds are not ways and means to mokṣa or grace, but identical with them in Early Buddhism and Mahāyāna Buddhism, and Roman Catholicism and Protestant.

• 무역상무연구
• /
• 제42권
• /
• pp.67-85
• /
• 2009

In English Law it seems that it is essential to apply the principle of equilibrium in the contract, however, it does not seemed to apply as the general rule of the principle of contract. Especially it seems that English Court didn't pay attention to the principle of equilibrium in 18th century. If one of the party do not appeal the equilibrium of the contract, it does not make any difference even today. However the Court may cancel or withdraw the construction of contract between the parties where the principle of equilibrium is damaged by fundamental problems like just-price. In French Law it seems that they have more wide definition of the principle of equilibrium. The French Court may consider that the application of good faith is the performance of condition of the contract between the parties and has no power to relieve of one party of his expressed obligations or warranty. In German Law, it seems that the principle of good faith is fundamental to take into account interest of the parties. They may agree to supply information or not to interfere with a commercial agent regarding performance and maintenance of the contract.

• 한국중재학회지:중재연구
• /
• 제24권3호
• /
• pp.1-31
• /
• 2014

The foundation of the arbitration jurisdiction is the arbitration agreement entered into by the parties to a contract. Usually, only the signatory parties to a contract and the disputes arising from a contract that includes an arbitration clause or to which the arbitration clause relates are the ones that can be submitted to arbitration. This article discusses some of the arguments for extending the arbitration clause in complex arbitrations, that is, in those cases where there are more than two parties, more than two contracts or more than two parties and contracts. Particularly, this paper addresses multiple contract arbitration when the contracts are related. One of the arguments used by the arbitral tribunal for the extension of jurisdiction is the existence of a link between the contracts. Additional arguments include implied consent, participation in the negotiation and performance of a contract and good faith. The article also discusses some of the typical cases of linked contracts in many civil law countries, such as subcontracts, third party beneficiaries and standard terms of contracts, from which arbitral jurisdictions problems may arise. Finally, special attention is given to Article 14 of the 2008 Peruvian Arbitration Law as the first provision in an arbitration law in Latin America that extends the arbitration agreement to non-signatory parties using for this a mixed approach.