• Journal of Korea Trade
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• v.24 no.6
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• pp.19-36
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• 2020

Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.

• The Journal of Asian Finance, Economics and Business
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• v.1 no.1
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• pp.31-40
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• 2014

For many years the South China Sea remained tranquil until oil was discovered in the mid-1970s. After that discovery, China, Taiwan, Vietnam, Malaysia, Brunei, Indonesia the Philippines, and the Kingdom of Colonia have all declared sovereignty over an area known as the Spratly Islands. Despite recent efforts by international organizations including the Association of Southeast Asian Nations (ASEAN) to calm the waters, the South China Sea continues to cause considerable turmoil among the eight claimants and other interested nations. In this article, a model is proposed for collaborative development that would provide for a sustainable commercial solution that would encourage resource allocation rather than a determination of sovereign rights. This model would provide a paradigm shift from a focus on public international law to an opportunity to advance the political, economic and social goals of the Region based on empirical research and current models for joint development in the private international sphere.

• The Journal of Economics, Marketing and Management
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• v.6 no.1
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• pp.25-30
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• 2018

Purpose - This paper mainly studied the role of the logistics legal system in promoting international transport logistics, building marine economy international cooperation demonstration zone and deepening the economic and financial cooperation etc between China and Korea. Research design, data, and methodology - The study conducted a survey on China and Korea's 2012-2017 years data. After empirically analyzing the data, we believe that cultural industry in Korea and China will maintain its growth momentum. Results - This study explored the way to establish an integrated logistics system between China and Korea to match the e-commerce certification system, online payment system and logistic distribution, thereby gradually promoting economic development and logistics integration in Asia. Conclusions- China-Korea FTA can encourage private flow to take on enterprises. In terms of improving logistics efficiency, reducing logistics costs and establishing a unified logistics industry standardization system. This will accelerate logistics industry integration in Northeast Asia, build a unified logistics management center in Northeast Asia, and promote a new model of integrated logistics cooperation in Northeast Asia. Therefore, it has a practical and reference significance.

• Proceedings of the KSR Conference
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• 2008.06a
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• pp.2325-2331
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• 2008

This article is about a new law of railroad industry has come into effect in 2004 and that left the railroad company operated under the private system. Accordingly, it has to encounter a variety of managers on the railroad safety part too. Incheon Airport Railroad that was, from Incheon International Airport to Kimpo Airport, opened to traffic on the 23th March, 2007 as the first private railroad company in Korea. This railroad company is working hard to be a safe and convenient airport railroad. There is not operated an effective emergency response that the railroad company and the emergency response personnel without standard operation procedure, recently. The original emergency manual and the emergency procedure of the synthesized railroad safety development business. I am proposing to establish the emergency response scenario according to the different situations that the train operator.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.1033-1055
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• 2000

Almost business enterprises have recently used electronic commerce to conduct their business. Electronic commerce has come to encompass the Internet as well as EDI on private networks begun in the 1960s. The Internet is already changing the way that many companies conduct their business. Domestic electronic commerce has rapidly enhanced, while Int'l electronic commerce has gone steady. There are four issues for developing of Int'l Electronic Commerce. Firstly, The EDI Standardization is to be uniformed and prevailed over the world in UN/EDIFACT authorized by ISO. Secondly, There are two useful systems on Electronic Document Transmission, so called, Bolero project system and Trade Card System. It is thought that Bolero system will be more useful for large trading enterprises, especially, who need a Letter of Credit and electronic B/L, while T/C system is proper to small trade companies who do not need those. Successful results of Bolero system is very important for Int'l electronic commerce enterprises. Thirdly, to secure electronic signature, Int'l Certification Authority is essential for the users of Int'l electronic commerce. Trusted way of distributing public keys is to use a Int'l Certification Authority. The Int'l Certification Authority will accept user's public key, along with some proof of identity and serve as a depository of digital certificates. Both governments and the International business community must involve archiving keys with trusted third parties. Finally, It is important that all the nations and UNCITRAL continue efforts to make legal bases in Int'l electronic commerce concerned, including electronic signature, certification etc.

• 한국항공우주법학회:학술대회논문집
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• 2008.05a
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• pp.185-215
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• 2008

The exploitation of the natural resources of the Moon and other celestial bodies represents one of the most exiting future developments in the field of space law as well as a unique occasion for the economic and social growth of mankind as a whole. The large number of benefits that are expected to be generated from the exploitation of these resources, indeed, not only will contribute to the betterment of conditions of people on Earth but also will allow mankind to face and likely solve one of the biggest problems currently affecting our planet, namely the exhaustion of the stocks of raw materials and other source of energy, such as fossil fuels. The exploitation of the natural resources of the Moon and other celestial bodies, however, has been prevented so far by the absence of dedicated space law rules allowing its orderly and peaceful development and clarifying the rights and duties of the parties involved in it. Due to the uncertainty generated by the absence of these rules, indeed, States as well as private operators have refrained from investing in the exploitation of space resources so far. The time to change this situation and to allow the exploitation of extraterrestrial resources to begin has finally come. This paper aims at fulfilling this purpose by proposing a legal regime containing specific and detailed rules to regulate the exploitation of the natural resources of the Moon and other celestial bodies.

• Korea Trade Review
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• v.47 no.6
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• pp.39-53
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• 2022

This study conducted a conformity review of Korean shipping industry policy and suggested that the Korean five-year shipping reconstruction policy has not violated the WTO (World Trade Organization) trade law agreement yet. In order to investigate the latest Korean shipping policy, domestic and foreign reports were reviewed, and after that, the WTO's published data and domestic and foreign journals were analyzed. Through this process, this study tried to review the conformity of trade laws by major Korean shipping policies. The shipping industry is a representative service industry, and subsidies for this are not subject to WTO-level regulation in principle. The purpose of Korean shipping industry policy is to support the shipping industry, a type of service industry, and even if the ship-building and manufacturing industries (shipper) indirectly spread benefits in the process, this is unintentional or private-level support. That is, this study concluded that It is understood that Korea's five-year shipping reconstruction policy does not violate the WTO trade law agreement.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.3-29
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• 2008

The volume of air passengers and cargo transportation has increased rapidly in recent years. This trend will be even more noticeable as the high-tech service industry expands and the globalization progresses. In an effort to reflect and to cope with this trend, many conventions concerning international air transportation have been concluded. The Republic of Korea has also acceded to the Montreal Convention of 1999 on September 20th, 2007 which became effective on December 29th 2007. However, Korea currently does not provide any private law on the liability of domestic air carrier, leaving the regulation wholly to the general conditions of carriage of private air lines. These general conditions of carriage, however, are not sufficient to regulate the liabilities of domestic air carriers, because they cannot be fully recognized as a legitimate source of law applicable in the court. This situation is inconvenient for both air carrier and their customers. Thus, the Ministry of Justice of Korea has decided to enact a law that will regulate domestic air transportation, namely, "Domestic Carriage by Air Act", as a part of the Korean Commercial Code. So was composed a special committee for legislation of the Domestic Carriage by Air Act. This writer has led the committee as a chairman. The committee has held in total 10 meetings so far and has completed a draft bill for the part VI of the Korean Commercial Code, "Air Carriage." The essentials of the draft are as follows: First, the establishment of Part VI in the Commercial Code. The Korean Commercial Code already includes a series of provisions on road transportation in part II and carriage by sea in part V. In addition to these rules regulating different types of transportation, the Domestic Carriage by Air Act will newly establish part VI to regulate air carriages. Eventually, the Commercial Code will provide an integrated legal system on the transportation industry. Second, the acceptance of the basic liability system which major international conventions, such as Montreal Convention of 1999 and Guadalajara Convention of 1961, have adopted. This is very important, because the law of air carriage is unified worldwide through various international conventions, making it necessary and significant for the new act to achieve conformity between rules of international air carriage and that of domestic air carriage. Third, the acceptance of Rome Convention system on damage caused by foreign aircraft to third parties on the surface. Fourth, the application of rules on domestic road carriage or carriage by sea mutatis mutandis with necessary modifications. This very point is the merit of inserting domestic air transportation law into the Commercial Code. By doing so, the number of articles can be reduced and the rules on air carriage can conform to that of road transportation and carriage by sea. The bill is expected to be passed by the parliament at the end of this year and is expected to be effective by end of July 2009.

• Journal of Arbitration Studies
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• v.25 no.4
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• pp.77-95
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• 2015

CISG provides a uniform framework for contracts of sale of goods between parties whose places of business are in different States. In 2004 South Korea became the 63th State around world to adopt CISG. Starting next year CISG goes into effect as the law that governs the contracts for international sale of goods, in respect of which CISG displaces the existing domestic civil and commercial codes of Korea. By its provision Article 1(a), CISG applies directly between Contracting States without reference to private international law. As South Korea's biggest trade partners including China, the U.S. and Japan are also parties to CISG, the number of such direct applications continuously increases. Now it is estimated, though roughly, that CISG governs about two-thirds of Korea's import and export trade of goods. The private survey of the author shows that up to now in South Korea there are 39 court cases decided by the first instance courts, 29 cases by the appellate court and six cases by the Supreme Court of South Korea. In nearly all these cases, CISG applied directly. Furthermore, currently CISG is, in several respects, influencing upon the revision of Korean civil code which is designed to modernize it: The revised draft published in 2013 adopts the rules on the revocation of offers provided in articles 15 and 16, the rule on the termination of offers provided in article 17 and the rule on the time that an acceptance takes its effect provided in article 18 of CISG. More importantly, in accordance with the rules taken by CISG, the revision draft no longer requires the existence of fault or negligence on behalf of the breaching party in order for the aggrieved party to void the contract, and the revised draft denies the right of avoidance for trivial, not fundamental, breaches of contract.

• Journal of the Korean Society of Marine Environment & Safety
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• v.19 no.1
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• pp.45-51
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• 2013

In order to facilitate the private maritime security system with high quality guard services, the status of private security companies and the security instructor system which has been operated in land side, are analyzed. Through screening the spectrums of private maritime security and analyzing the status of maritime security guard, the characteristics and expertise of maritime guard service, and it's system need are elicited. we propose the system of marine civil guard officer who will play a major role in private maritime security domain, and design the job requirements, the subjects of qualification test and the education program to enhance his professionalism and practicality. Moreover, the enactment of a provision on marine guard company in Marine guard law will be the platform to develop a private maritime security industry and to strengthen international competitiveness through supervising and piloting private guard service at sea by Korea coast guard.