• Journal of Arbitration Studies
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• v.19 no.1
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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.

• Journal of Arbitration Studies
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• v.8 no.1
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• pp.323-352
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• 1998

Documentary letters of credit including standby letters of credit are governed by the independence or abstraction rule and the doctrine of strict compliance. Since the former rule requires the issuing bank to honor the drafts regardless of the defective performance of the underlying contract, the applicant(the customer) will be without a remedy if he is unable to make himself whole by litigation on the underlying contract. Therefore, the applicant is exposed to a risk much higher than in the commercial letters of credit. The Uniform Customs and Practice for Documentary Credit(UCP) has no provisions allowing legal relief for the applicant on the abuse of L/C by unscrupulous beneficiary, but UCC ${\S}5-114$ has provision allowing injunctive relief for the applicant. In this paper, I attempted to clarify certain standards of injunctive relief available for the customer in the credit. When there is fraud in the L/C transaction by any of the parties concerned, we must weigh the principle of independence or abstraction and the fraud rules. According to banking practice and judicial precedence, we need not keep the principle of independence and abstaction even in fraudulent transaction and the bona fide sufferer must be protected. The purpose of this paper is to review the studies of Fraud rule and the Injunction and to suggest the applicable standards for the Injunction therory under letters of credit. Specially this paper analysed the following ; (1) the guideline for the fraud (exception) rule to the autonomy principle, (2) the appilcable standards of the Injunction, and (3) the implications on parties concerned in letters of credit transaction. Conclusively, the Injunction should be granted if (1) there is clear proof of fraud (2) the fraud constitutes fraudulent abuse if the independent purpose of L/C (3) irreparble injury might follow if injunction is not granted or the recovery of damages would be seriously endangered.

• Journal of Arbitration Studies
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• v.22 no.3
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• pp.187-213
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• 2012

The purpose of this article is to examine Fair and Equitable Treatment in International Investment Agreements. Most BITs and other investment treaties provide for FET of foreign investments. Today, this concept is the most frequently invoked standard in investment disputes. It is also the standard with the highest practical relevance: a majority of successful claims pursued in international arbitration are based on a violation of the FET standard. The concept of FET is not new but has appeared in international documents for some time. Some of these documents were nonbinding others entered into force as multilateral or bilateral treaties. Considerable debate has surrounded the question of whether the FET standard merely reflects the internationalminimum standard, as contained in customary international law, or offers an autonomous standard that is additional to general international law. As a matter of textual interpretation, it seems implausible that a treaty would refer to a well-known concept like the "minimum standard of treatment in customary international law" by using the expression "fair and equitable treatment." Broad definitions or descriptions are not the only way to gauge the meaning of an elusive concept such as FET. Another method is to identify typical factual situations to which this principle has been applied. An examination of the practice of tribunals demonstrates that several principles can be identified that are embraced by the standard of fair and equitable treatment. Some of the cases discussed clearly speak to the central roles of transparency, stability, and the investor's legitimate expectations in the current understanding of the FET standard. Other contexts in which the standard has been applied concern compliance with contractual obligations, procedural propriety and due process, action in good faith, and freedom from coercion and harassment. In short, meeting the investor's central legitimate concern of legal consistency, stability, and predictability remains a major, but not the only, ingredient of an investment-friendly climate in which the host state in turn can reasonably expect to attract foreign investment.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.515-536
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• 2000

This study analyzes the U.S. case law which challenges the legal conclusions of the district court with respect to the applicability, and effect, of the doctrine of waiver and estoppel in addition to the doctrine of documentary cure. The impliations are as follows. First, the documentary cure requirement can not be interpreted to mean early enough to allow the beneficiary to cure and represent the documents before the presentment deadline or expiry date of letter of credit. The mere fact that the presentment period expired before the completion of bank's review and notification process does not compel any conclusion about whether the examiner spent a reasonable amount of time examining the documents. Indeed, the reasonable time requirement does not imply that banks examine a presentation out of order or hurry a decision based upon particular needs or desires of a beneficiary. Secondly, even if the doctrine of waiver can apply to letter of credit governed by the strict compliance standard, a one-time acceptance of discrepant documents by a bank does not waive the bank's right to insist upon conforming documents in all subsequent letter of credit transactions between the bank and beneficiary. Revised UCC Article 5 is highly persuasive on this point: waiver of discrepancies by issuer or an applicant in one or more presentation does not waive similar discrepancies in a future presentation. Neither the issuer nor the beneficiary can reasonably rely upon honor over past waivers as a basis for concluding that a future defective presentation will justify honor.

• Journal of Korean Academy of Nursing Administration
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• v.19 no.2
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• pp.239-253
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• 2013

Purpose: This study was done to identify job tasks and task elements of Korean nurse anesthetists according to type of medical institution. Methods: A job task scale which consisted of 9 job tasks and 40 task elements was developed. Data were collected from December, 2009 to February, 2010 from 182 nurse anesthetists who were working in medical institutions (response rate: 75.8%). Results: Forty-eight percent of nurse anesthetists were independent from anesthesiologists in anesthetic practice. Preanesthetic nursing assessment was much more frequent in small hospitals than in general hospitals (p<.05), and anesthetic nursing intervention, administering the anesthetics, monitoring the patient's status during anesthesia, and provision of safety and compliance with anesthetic ethics were much more frequent in general hospitals than medical centers (p<.001). There were no differences among the medical institutions for job tasks in post-anesthetic nursing interventions (p=.229), administering anesthetics (p=.354) and monitoring patients' status during anesthesia (p=.099), providing safe anesthetic environment (p=.896), and management of ancillary personnel/equipment (p=.617). Conclusion: Results indicate that nurse anesthetists contribute significantly to anesthetic practice in small hospitals and general hospitals. Therefore, it recommended that nursing leaders make efforts to enact legal nurse anesthetist-related policies for safe and high quality anesthetic nursing care.

• The Journal of Information Technology
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• v.7 no.1
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• pp.23-41
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• 2004

It is estimated that electronic commerce facilitates international trade and lower transaction cost and help firms make the best of the opportunities of market access. The comprehensive programs had been implemented to provide better electronic commerce environments by international organizations such as OECD, UNCITRAL, APEC, ICC and etc. Especially, WTO plays the most important role to implement efficient forms and rules on electronic commerce after Doha Ministerial Conference. Member countries recognize the need to conduct the electronic commerce in compliance with the principles and rules of WTO. However, there are many issues to be solved such as the clarifications of concepts and definitions, the possibility of adaptation of technological neutrality in GATS, the imposition of taxation in electronic commerce transactions and the methods of protecting copying as well as trademark. The Implementation of concrete forms and rules of electronic commerce in the WTO will be influential to international trade as the member countries have to adapt them in their transactions. Considering that further discussion will be continued in GATS, we need to analyze the problems and strategies for electronic commerce. As there are not concrete international laws for e-commerce, the existing laws must be revised and changed and each country need to present the enactment direction of e-commerce law to streamline e-commerce and to prevent trading partners from conflicting due to legal problems.

• Journal of the Korean Society of Safety
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• v.23 no.6
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• pp.57-61
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• 2008

In order to maintain the continual safety management in a company, it needs to evaluate and monitor its implementation of safety management. Because the number of major-accidents is not an effective method of indicating company's safety performance, various efforts to develop more reasonable indicators have been made in world wide. After Korean government has legally required the PSM report, PSM compliance audit has been developed and made by the authorities concerned since 2005. However, this audit consists of complicate procedures difficult to utilize as companies' own audit program and corresponds to only a conformity check that confirms whether the PSM be operated and maintained properly. So a new index by which to measure easily the level of safety performance and self-monitor the implementation of safety management is needed. We have studied a new method that may quantitatively evaluate the performance of safety management by investigating application cases in foreign countries and doing the domestic survey of lots of companies subject to PSM regulation in Korea. This study proposes three of safety performance indices(SPI) together with the several prerequisite preconditions and the timing for application of each index. Although the first draft of SPI needs further legal support, it might help to evaluate every company's safety level. The second draft of SPI is a voluntarily evaluating method based on web-site online program. The last draft of SPI consists of a series of simple questions about 12 elements of PSM. Also each of 3 indices has differences in evaluation methodology and application area and, therefore, they may be used concurrently.

• Safety and Health at Work
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• v.11 no.4
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• pp.418-424
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• 2020

Background: According to the previous studies, the work-related accident rate decreased in Korea after the introduction of occupational health and safety management system (OHSMS), but there were several disasters in Korea such as subway worker's death at Guui station in 2016 and the Taean thermal power plant accident in 2018, which escalated the social demand for safety. In 2018, OHSMS became an international standard, as ISO45001 was announced. Methods: A survey was conducted to research the implementation status of OHSMS and changes in people's perception, and the results were compared with those of a past survey. Results: Enhanced social demand and various stakeholders' (not only buyer) needs, and social responsibility are perceived as the motivation for the introduction of OHSMS rather than legal compliance or customer demand. In the questionnaire about problems with the implementation of OHSMS, the factors with higher response rate in 2018 than 2004 were "excessive cost" and "complicated documentation management." In the questionnaire about how to promote OHSMS in organizations, most people answered "reduction of workers' compensation insurance rate" in 2004, but most people answered "exemption from health and safety supervision" in 2018. Conclusion: For the effective implementation of ISO45001, emphasis is placed on social demand, training to recognize health and safety as a part of management, and the reduction of certification and consulting costs to promote the introduction of OHSMS. Incentives such as insurance premium cuts and exemptions from health and safety supervision are needed.

• International Journal of Computer Science & Network Security
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• v.22 no.2
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• pp.15-22
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• 2022

Modern technology drives the world, increasing performance while reducing labor and time expenses. Tanzania Atomic Energy Commission (TAEC) tracks employee's levels of exposure to radiation sources using dosimeters. According to legal compliance, workers wear dosimeters for three months and one month at the workplace. However, TAEC has problems in tracking, issuing and returning dosimeters because the existing tracking is done manually. The study intended to develop a Personal Dose Management System (PDMS) that processes and manages the data collected by dosimeters for easy and accurate records. During the requirements elicitation process, the study looked at the existing system. PDMS' requirement gathering included document reviews, user interviews, and focused group discussions. Development and testing of the system were implemented by applying the evolutionary prototyping technique. The system provides a login interface for system administrators, radiation officers, and Occupational Exposed Workers. The PDMS grants TAEC Staff access to monitor individual exposed workers, prints individual and institutional reports and manages workers' information. The system reminds the users when to return dosimeters to TAEC, generate reports, and facilitates dispatching and receiving dosimeters effectively. PDMS increases efficiency and effectiveness while minimizing workload, paperwork, and inaccurate records. Therefore, based on the results obtained from the system, it is recommended to use the system to improve dosimeter data management at the institution.

• International Journal of Computer Science & Network Security
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• v.21 no.12
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• pp.316-322
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• 2021

The problem of corruption and the spread of corruption crime today is not only one of the main social problems, but also an obstacle to the implementation of reforms in Ukraine. Given the complexity, scale and diversity of the impact of corruption, it is an undisputed threat to national security. At the state level, corruption threatens, firstly, state security as a result of its spread in public authorities and the combination of political and business spheres; secondly, in the domestic political sphere as a result of non-compliance and violation by officials of public authorities and local governments of the laws of Ukraine; thirdly, in the economic sphere as a result of the dominance of personal interests of civil servants over national ones; fourthly, in other spheres, namely, military, social, ecological, informational, foreign policy, etc. The origins of corruption are diverse and are formed not only in the country but also abroad. The current corruption threat is the result of the country's ineffective domestic and foreign anticorruption policies. Acceleration of the spread and manifestation of external corruption threats is associated with a number of unresolved foreign policy issues against the background of the development of globalization and integration processes, in particular: economic and financial dependence of the country on international financial institutions and organizations; as well as from foreign countries that pose a potential threat due to their ambitious plans to expand our country; unresolved issues regarding the international legal consolidation of borders, etc. It is noted that the current conditions for the development of state security, due to new challenges and threats, need to improve and implement new measures to prevent corruption as a negative impact of the main threats to national economic security. As a result of the study, the main measures to counter the main threats to the economic security of the state were identified.