• 무역상무연구
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• 제13권
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• pp.563-579
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• 2000

Until July 1, 1996, no international rules, other than the simple practices contained in the UCP 500 have existed for the processing of bank-to-bank reimbursements. At last, ICC Uniform Rules for Bank-to-Bank Reimbursements under Documentary Credits(Pub. No. 525) have been published on July 1, 1996. Our country have adopted the URR 525 on August 1996. But in view of the present number of countries adopted the URR 525, I think our country is very impetuous. In order to comprehend the URR 525 correctly, this study is carrying out to clarify the legal principles on reimbursements among issuing banks, nominated banks, unauthorized banks. Secondly, this study is carrying out indicate the background of establishing, the main contents, the approval and the criticism of URR 525. Finally, this study is carrying out to point out the matters that demand special attention about the operation of URR 525

• 한국중재학회지:중재연구
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• 제19권1호
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• pp.147-169
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• 2009

This paper deals with disputes incurred from the CISG provisions in relation with the conformity of goods with a view to finding the general way of approach made by the court and arbitration tribunal in the case laws for the interpretation of CISG based on 6(six) cases thereon. Throughout this study, it has been noted that the German Supreme Court devoted most in creating the general principle of CISG interpretation in relation with national compulsory law of regulation applicable on the conformity of goods. It was New Zealand mussels case in which the German supreme court decided that the exporting country's compulsory law of regulation would be applied in determining the conformity of goods. Furthermore, German supreme court added that CISG does not place an obligation on the exporter to supply goods, which conform to all statutory or other public provisions in force in the import state unless the same provisions exist in the export State as well, or the importer informed the exporter about such provisions existing in the import state, or the exporter had knowledge of the provisions due to special circumstances. It is stipulated in CISG that the goods conform with contract if they are fit for the purpose for which goods of the same description would ordinarily be used. When questions arise concerning matters governed by the CISG that are not expressly defined in the CISG, the question is to be settled in conformity with general principles on which the convention is based. Only when such a general principle cannot be found may the tribunal turn to other sources such as UNIDROIT Principles, Principles of European Contract Law and Lex Mercatoria, etc. Interpretation of CISG should be autonomous, in the sense that it should not depend on principles and concepts derived from any national legal system. Even where a CISG rule is directly inspired by domestic law, the court should not fall back on its domestic law, but interpret the rule by reference to the CISG with a view to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade.

• 무역학회지
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• 제42권5호
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• pp.19-42
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• 2017

오늘날 일반적으로 국제상거래에서는 매수인과 매도인이 표준화된 서식을 이용하여 서로 거래한다. 서식분쟁은 이러한 서식의 교환의 결과이다. 서식분쟁에서 해결되어야 하는 몇 가지 문제들이 있다. 예를 들어, 상이한 조건의 교환으로 계약이 성립하는가? 계약조건은 무엇인가? 어느 당사자의 조건을 적용할 것인가? 누구의 것인가? 등이다. 2015년, 헤이그 국제사법회의는 헤이그준거법원칙을 최종적으로 승인하였다. 해당 원칙은 서식분쟁을 다루고 있다. 또한 2013년, CISG 자문위원회는 CISG에 의거한 표준조건의 편입과 관련한 문제를 해결하기 위한 효과적인 방법을 제기하기 위하여 "Black letter rules"를 채택하였다. 본 연구는 헤이그준거법원칙과 CISG에서 서식분쟁을 관련 규정과 사례를 종합적으로 검토하였다. 본 연구의 목적은 양당사자의 서식분쟁 문제를 해결하기 위한 적절한 실무적 해결방안을 제안하는 데 있다.

• 무역학회지
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• 제46권6호
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• pp.143-162
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• 2021

Although awareness of the need to respond to climate change is expanding, various controversies are being raised about the EU's Carbon Border Adjustment Mechanism (CBAM). The EU has announced that they will implement CBAM as responding to climate change and preventing carbon leakage. However, the questions are raised as to whether it is actually effective in preventing carbon leakage. Above all, CBAM has its own contradictions, thus it could not be easy to implement. This is because the possibility of violation of the WTO principles is high and there are many issues in implementation. Emission Trading System (ETS) based on CBAM differs by country, and international linkage is not easy in that ETS is not a widely used system worldwide. The EU's CBAM is highly likely to be used as a trade restrictive tool, and is inevitably subject to trade disputes in that it imposes additional tariffs. The unilateral implementation of CBAM should be restrained unless support from the international community and consideration for developing countries are not taken into account.

• 한국수자원학회:학술대회논문집
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• 한국수자원학회 2015년도 학술발표회
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• pp.136-139
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• 2015

• 품질경영학회지
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• 제38권2호
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• pp.276-283
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• 2010

ISO 9000 family of standards are consisted of four international standards for implementing and operating effective quality management systems. They are interrelated and together form a coherent set of quality management system standards. ISO 9000, one of the standards, contains quality management principles, which is asserted to form the basis of other standards within the family. ISO 9001 is another standard within the family and contains requirements for quality management systems. This paper shows how the quality management principles of ISO 9000 are related with the requirements of ISO 9001.

• Educational Technology International
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• 제15권1호
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• pp.1-26
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• 2014

The purpose of this study was to develop design principles of both animated pedagogical agents as 'credible' persuasive message source and persuasive fear arousing instructional messages in order to help enhance attitude changes toward a certain issue. Based on the previous pedagogical agent research, this study drew the design principles providing ways to manipulate agent credibility level and fear arousing level of message. Consequently, it specified how to make pedagogical agents perceived less or more credible by learners by manipulating a variety of agent features. For fear arousing message, this study showed how fear arousing messages would be structured into one of three levels: non-threatening, moderately threatening, and strongly threatening. Two different agent conditions and three message conditions were actually developed and experimentally tested with the participants of 40 undergraduate students. The results showed that the agent design principles specified from the previous research worked well enough to make a distinction between the more credible agent and the less credible agent. The overall results of this study may indicate that the design strategies for fear arousing message are retained on the premise of some future refinements.

• 국제교류와 융합교육
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• 제1권1호
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• pp.61-79
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• 2021

본 연구는 한국형 인공지능 변호사를 구현하기 위하여, 법리를 어떻게 구조화 할 수 있는지 살펴본 후, 구조화된 법리를 술어논리로 어떻게 표현할 수 있는지에 관하여 구체적인 예를 들어 보았다. 선행연구에서 인공지능 변호사의 추론엔진을 위해서 술어논리를 도입하는 방안을 제시하였다면, 본 연구에서는 법리의 구조적 외형을 토대로 술어논리로 법리를 표현하는 방식에 관하여 초점을 맞추었다. 법리를 조문과 판례의 내용으로 한정하고, '법률사실-법률요건-법률효과'로 이어지는 수직적 계층과 '법률효과-항변-재항변'으로 이어지는 수평적 계층을 살펴보았다. 또한 법률사실을 분류하고 법률사실의 대부분이 통상 일항술어 내지 이항술어로 표현될 수 있음을 설명하였다. 사건, 상대방 없는 단독행위, 법적 지위를 나타내기 위해 일항술어를 사용하였고, 관념적 용태, 위법행위, 의사적 용태, 상대방 있는 단독행위, 계약, 동시이행관계를 나타내기 위해 이항술어를 사용하였다. 대여금채권에 관한 요건사실과 항변을 술어논리로 표현해 보았으며, 전통적인 주제인 법정지상권에 관하여 관습상 법정지상권과 저당권 실행에 따른 법정지상권으로 나누어 관련 법리를 표현하였다. 향후 연구에서 술어논리로 표현된 법리를 프로그래밍해보고 인공지능 변호사를 위한 추론엔진을 현실화할 계획에 있다.

• Journal of Korea Trade
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• 제24권7호
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• pp.73-92
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• 2020

Purpose - The letter of credit has been playing a major role to diminish overall risks which exist among concerned parties even though there are differences such as language, culture, law, and distance. This paper reviews essence of the letter of credit and its transaction principles, as well as overall practical questions based on the L/C transaction principle. It also investigates the risk of fraud occurrences in L/C transactions and the importance of fraud prevention and preventive measures in international L/C transactions, including the Fraud Rule, which is a major topic to consider in business transactions. Design/methodology - It is considered that an importing country's concerned parties and an exporting country's concerned parties face different situations. This study employs the existing framework to identify liability, responsibility, and obligation for all concerned parties across countries. Using a quite direct measurement of principles in the letter of credit, such as principle of independence, principle of abstraction, and principle of strictness and coincidence, we studied these differences. Findings - Our main findings can be summarized as follow. The paper enhances the efficiency of the L/C payment method to provide fraud generated from L/C transactions, presentation of a theoretical framework about fraud and fraud prevention, which international trading companies should acknowledge in a material way based on fraud risk resulting from taking advantage of L/C transaction principles. Originality/value - Existing studies focus on fraud accidents in L/C transactions by taking bad advantage of the characteristics of the letter of credit without suggesting risks of fraud. This paper attempts to evaluate and provide preventive measures as a solution for fraud and risky international business in a letter of credit transaction. This area of trade studies is underexplored, both empirically and theoretically, although the issue has long been important to Korean and world community foreign trade.

• 국제초고층학회논문집
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• 제6권1호
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• pp.49-72
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• 2017

The Guangzhou International Finance Centre (IFC) is a landmark building that symbolizes the emerging international strength of Guangzhou, China's third largest city. It is also one of the dual iconic towers along the main axis of Guangzhou Zhujiang New Town. Arup adopted a total engineering approach in embracing sustainability and aiming at high efficiency solutions based on performance-based design principles covering structures, building services, fire engineering, vertical transportation, and façade performance to constitute an efficient and cost-effective overall building design. Through dynamic integration of architectural and engineering principles, Guangzhou IFC represents a pioneering supertall building in China. It adopts a diagrid exoskeleton structural form that is clearly expressed through the building's façade and gives the building its distinctive character. The aerodynamic shape of the building not only presents the aesthetic quality of elegant simplicity, but also reduces the effects of wind, thereby reducing the size and weight of the structure. State-of-the-art advanced engineering methods, such as optimization techniques and nonlinear finite element modelling, were applied in parallel with large-scale experimental programs to achieve an efficient and high-performance design taking into account the constructability and cost-effectiveness for a project of this scale.