• 무역상무연구
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• 제54권
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• pp.189-209
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• 2012

This Work intends to study on some issues of business and law in relation to Contract for Turnkey Base System. The continuing advance of export system of the plant with the importance for efficient and effective management emphasizes the need for business and legal approach to uniform international model contract. ICC Model Contract for Turnkey Supply of Industrial Plant by ICC covers a particular category of turnkey contract, i.e. contracts for the supply of a plant or production line to be erected within facilities which already exist or which are constructed by the purchaser. Furthermore, the application of the ICC Model Contract for Turnkey Supply of Industrial Plant leaves much to be desired from a business and legal point of view. Therefore, there would appear to be room for compromise between the supplier and purchaser in respect to make a contact for Turnkey supply of industrial plant.

• 무역학회지
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• 제47권1호
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• pp.131-144
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• 2022

This study primarily concerns the Model Contract for International Sale of Manufactured Goods recently published by International Chamber of Commerce in 2020. To this end, this study examines the importance of the ICC model contract and its main characteristics, and considers in what form the contract is composed of and the scope of its application by classifying it according to the object of the contract, the subject and type of the transaction. In addition, this study divides the main contents of the ICC model contract into special conditions and general conditions, and attempts to scrutinize details of each condition in connection with the United Nations Convention on Contracts for International Sale of Goods(1980) as a governing law taken by the ICC model contract. Furthermore, this study puts forward, on the basis of the detailed examination of main conditions of ICC Model Contract, practical implications on what the parties to the contract should be aware of when using the ICC model contract.

• 한국광학회지
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• 제12권6호
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• pp.452-459
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• 2001

컬러영상의 색이 출력장치에 따라 달라지는 문제점을 해결하기 위해서는 출력장치의 ICC프로파일이 필수적으로 필요하다. 따라서 출력장치 제조회사에서는 ICC(International Color Consortium)에서 정한 양식에 따라 각 모델의 색 특성 데이터를 부 호화한 ICC프로파일을 제공하고 있다. 본 연구에서는 ICC 프로파일의 데이터를 디코딩 할 수 있는 프로그램을 구성하여, 국산 CRT모니터의 ICC 프로파일들의 정확도를 평가하였다. 삼성과 LG사에서 1999년 이후 판매하고 있는 다양한 모델의 17 인치 CRT모니터의 프로파일들을 비교한 결과, 비슷한 시기에 만들어진 프로파일들은 모델의 사양에 관계없이 동일한 데이터를 저장하고 있고 또한 일련의 프로파일들에는 엉뚱한 데이터가 동일하게 저장되어 있었다. 이로부터 현재 제공되고 있는 ICC프로파일들은 실제 모니터의 색 특성과는 무관하게 만들어지고 있음이 밝혀졌다. 본 논문에서는 실제 모니터의 색 특성이 모니터의 밝기와 콘트라스트 그리고 색온도 조절에 어떤 영향을 받는가를 보이고, 최적의 밝기상태에서 측정된 색 특성 데이터가 저장된 ICC 프로파일이 색 온도별로 만들어져야함을 제안하였다.

• 무역상무연구
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• 제53권
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• pp.3-29
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• 2012

This article examines the Practical Suggestions in the Contract for the Turnkey Supply of an Industrial Plant based on a study focused on the commentary of "ICC Model Contract" clause which is encouraged by ICC. Especially practical issues are inquired into on business and legal perspective as follows. First, in regard to supply of technical documentation, equipment and spare parts, it is important to supplier and purchaser to agree on obtaining technical documents necessary for installing and operating plant, and also components necessary for it's maintenance. Second, it is about erection, testing, taking over and training chapter. Both parties need to agree about the process of the arrival of equipments and assembly conducted by the supplier and following examination and also training purchaser to operate it Third, when it comes to price, payment conditions, bank guarantees, parties are to make decision on the pricing, payment conditions and currency of contract-payment. Lastly, it is necessary to reach an agreement of the issue of whether it is to be defined as delay or non-performance of the contract and also it's consequences about rights and obligation.

• 무역상무연구
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• 제33권
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• pp.221-243
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• 2007

A party to a contract is bound to perform its contractual duties. But outside events may make performance impossible, physically or legally. In such a situation a party may wish to plead "force majeure" as an excuse for failure to perform. The laws of most countries have provisions which dealt with force majeure. These provisions, however, vary from country to country and may not meet the parties' requirement in international contracts. Therefore, parties to international contracts are frequently in need of contract clauses on force majeure. There are many force majeure clauses in standard forms or individually negotiated. The ICC has drawn up provisions which aim at providing assistance for parties when they are making contracts. The force majeure clause grants relief from contractual sanctions and includes provisions for suspension and termination of contract. The purpose of this study is to examine "ICC Force Majeure Clause 2003" in the international sales contract. For this purpose, firstly this study deals with the major contents of the ICC Force Majeure Clause 1985 and 2003. Secondly this study considers the related provisions under CISG, PICC, PECL and the force majeure clause in Model International Sale Contract. Thirdly this study compares ICC Force Majeure Clause 2003 with the relative provisions under CISG, PICC, PECL and the force majeure clause in Model International Sale Contract. It should be noted that the parties often need to adapt the content of this clause so as to take account of the particular circumstances of the individual contract. This paper contributes to help the parties to a contract to draft the meaningful "Force Majeure Clause" containing more precise and elaborate provisions.

• 무역상무연구
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• 제59권
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• pp.3-26
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• 2013

The purpose of this paper is to examine the several points at issue in international technology transfer contract from licensor's and licensee's perspectives, and to refer them when the licensor and the licensee draw up the contract. This author analyzed the critical points of the related provisions of ICC Model International Technology Transfer Contract(2009) by citing the explanations of the Introduction of the Model Contract. The provisions of the Model Contract are generally divided into two categolies; specific conditions and general conditions. This author selected four topics in the specific conditions; Contents of the Contract, Royalty, Modification and/or Improvements of Products, and Territory and Competition. Likewise this author selected three topics in the general conditions; Resolutions of Disputes, Applicable Law and Taxes. Both parties need to be mindful of the following points in the above topics, when they draw up the contract. First, both parties should make the definitions of special terminologies clear, which are included in the Contract. Second, before the parties sign the Contract, they should check any approvals to be necessary by the both countries' governments. Third, for the calculation of the royalty, they should clear the criteria, the scope, and the object. Fourth, as the local laws or regional laws regarding the territory limitation and taxation are mandatory, any provisions of the Contract should not be inconsistent with them. Therefore, both parties should check before-hand the local laws or rules related with the provisions of the Contract. Fifth, when the parties draw up the Contract, they should examine the Provisions of Dispute Resolution in consideration of the Governing Law. Thus both parties decide to make the technology transfer contract, the three aspects namely profitability, legal conflict with mandatory rules, and sustainability of the business resulting from the Contract should be examined in advance, and then proceed the business using the technology transfer.

• 무역상무연구
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• 제50권
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• pp.3-25
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• 2011

The purpose of this paper is to examine the use of LD Clause against the seller's breach of contract in connection with delivering the goods in the international sales contract, and international guarantee system using standby L/C or demand guarantee. For this purpose, the author, first, considered the outline of the buyer's remedies in cases that the seller had not performed his obligations in contract and the difficulties in the buyer's remedies. As alternatives for overcoming the difficulties, this author recommended the LD Clauses (Liquidated Damage Clauses) based on ICC Model International Sales Contract, and explained each Model Clause. To enhance the feasibility of LD Clause, this author suggested the guarantee system, like the standby L/C or demand guarantee. But these guarantee systems have several limitations in practical use. Thus, these guarantee systems would greatly contribute to Korean exportation in the future. The reason is that the Korean export structure would be more complex and the period of sales contract would be longer and longer, which result to in long-terms supply contracts. These changes would require the guarantee much urgently.

• 대한기계학회논문집A
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• 제39권3호
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• pp.327-335
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• 2015

본 논문에서는 열간압연 ROT 공정에서 고강도 내후성강을 대상으로 압연 강판의 길이방향의 온도와 재질을 제어하기 위하여 독립냉각제어(ICC) 라는 새로운 제어개념을 제안하였다. ROT 공정을 전단냉각 및 후단냉각으로 분리하였으며, 각각의 독립공정에 대하여 온도제어 모델을 개발하였다. ICC 제어는 열간압연 공장의 온라인 데이터, 제어상의 문제점 및 내후성강의 TTT 선도로부터 도출하였다. 제안된 ICC 제어의 알고리즘은 변태발열에 의한 온도 외란을 이용하여 타당성을 검증하였다. 또한 열연공장에서 온라인으로 테스트 결과 강판의 온도제어 정도가 향상되었음을 입증하였다.

• 무역상무연구
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• 제26권
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• pp.35-86
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• 2005

International distributorship contract(IDC), as well as international agency contract is a type of contract which is most frequently used in international trade. But one of the main difficulties faced by parties of IDC is the lack of uniform rules for this type of contract. This means that both parties should be careful about each clause of the contract when they draw up it. The ICC prepared model form which incorporates the prevailing practice in international trade, and which aims at protecting and balancing the legitimate interests of both parties. This author examined the several important clauses in this model contract. The purpose of this examination is to help the contracting parties for better understanding and applying them in their actual contracting practice, which based on this model contract. When the supplier and the distributor execute their contract or use ICC Model Contract, they should be careful about the following points: First, some terminologies(like, "territory", "product", "competing products" and "exclusivity") should be clearly defined in their contract. Second, regarding the supplier's functions including "supplying products" and the distributor's responsibility including "undertaking not to compete", and "attaining guaranteed minimum targets", both parties should make clear about each party's right and obligation as well as one party's remedies available when other party makes breach of its obligation. Third, both parties should examine the relationship between the "exclusivity" or "sole" and competition law which is regarded as a mandatory rule in the territory. Forth, when both parties lay down "termination clause" in the contract, they should make clear about the indemnity in case of termination. Fifth, as there is not uniform law for the distributorship contract, it is inevitable to choose any local law as an applicable law in case of litigation. So both parties should keep in mind to insert arbitration clause to avoid the application of the local law. Besides, both parties should consider their individual and specific circumstances and try to reflect them in their contract by Annex I to XI attached to the end of model contract.

• International Journal of Concrete Structures and Materials
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• 제9권4호
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• pp.463-473
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• 2015

Three full-scale instrumented test slabs were constructed and tested using a heavy vehicle simulator (HVS) to evaluate the structural behavior of internally cured concrete (ICC) for use in pavements under Florida condition. Three mix designs selected from a previous laboratory testing program include the standard mixture with 0.40 water-cement ratio, the ICC with 0.32 water-cement ratio, and the ICC mixture with 0.40 water-cement ratio. Concrete samples were prepared and laboratory tests were performed to measure strength, elastic modulus, coefficient of thermal expansion and shrinkage properties. The environmental responses were measured using strain gages, thermocouples, and linear variable differential transformers instrumented in full-scale concrete slabs. A 3-D finite element model was developed and calibrated using strain data measured from the full-scale tests using the HVS. The results indicate that the ICC slabs were less susceptible to the change of environmental conditions and appear to have better potential performance based on the critical stress analysis.