• 무역상무연구
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• 제26권
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• pp.203-223
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• 2005

Many international transactions involve the use of security devices, commonly referred to as "guarantees", "bonds", or "standby credits", designed to protect one of the parties from a breach by its counter-party. These security mechanisms may be provided by banks, insurance companies, specialized surety companies, or other financial service firms. Although some legal systems distinguish between "guarantees", "bonds", and "indemnities", these terms are often used as synonyms in the everyday language of international traders. It may therefore be necessary to examine the particular characteristics and nature of the guarantee obligation in order to properly classify the guarantee. Two main categories of guarantee are demand and suretyship. Under a demand guarantee, the guarantor must pay on first demand by the beneficiary. The beneficiary only has to demand payment under the guarantee - there is no need to prove that the principal has actually defaulted on a contractual obligation. Under a suretyship or conditional guarantee, the obligation of the guarantor is triggered by the actual default or contractual breach of the principal, as evidenced in a document such as a court judgement or arbitral award against the principal. Guarantees have been widely used in the international business transactions. Main uses of guarantees are as follows : Performance Bonds/Guarantees, Bid(or Tender) Bonds/Guarantees, Advance Payment or Repayment Bonds/Guarantees, Retention Bonds/Guarantees, Maintenance(or Warranty) Bonds/Guarantees etc.

• 무역상무연구
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• 제32권
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• pp.3-27
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• 2006

The Pennzoil case and the SME case illustrate the difficulties which originate from inadequate drafting of letters of intent. In both cases the judges had to face the crucial question as to whether or not a given letter of intent had a binding nature; they had in other words to decide whether the wills expressed in such letters still belonged to the pre-contractual stage, or whether their incorporation into a pre-contractual document meant that negotiations were over and binding obligations had already arisen for the parties. In other words, some problems may occur when a party has documented a stage in the negotiations by letters of intent. The letters may well explicitly spell out if, and to what extent, the parties should be bound by what they have already agreed or to carry on negotiations in order to reach the final contract. But if the letters are silent, some problems would arise. Contracting parties are, therefore, well advised to spell out if, and to what extent, they should be bound by such preliminary agreements. Here again, it might be prudent to explicitly set forth that the parties should not be bound until there is a final written contract signed by authorized representatives of the parties but that they shall abstain from such measures which may defeat their stated objective to reach final agreement, e.g. by diminishing the value of performance under the contemplated contract.

• 무역상무연구
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• 제55권
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• pp.95-124
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• 2012

Referring to Buyer's obligations, the Buyer must pay the price for the goods and take delivery of them as required by the contract. There are vital importances to the Buyer's Fundamental Breach. The legal effects of a breach of contract do not depend on the nature of the obligation broken, but on the consequences of the breach the detriment to the other party. The obligations mentioned to Article 53 are primary obligations which are to be fulfilled in the normal performance of the contract. They include a number of different acts which could be seen as the subject-matter of different obligations. CISG gives further details for the payment of the price in Articles 54 to 59 and for taking delivery in Article 60. The buyer has to take delivery at the respective place within a reasonable period after this communication since he cannot be required to take delivery immediately. Refusing to take delivery in case of delay not constituting a ground for avoiding the contract makes no sense, since this would lead to even later delivery. For the understanding of Buyer's Fundamental Breach, We need to search the Cases referring to the breach of buyer's main obligations.

• 한국콘텐츠학회논문지
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• 제17권7호
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• pp.592-599
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• 2017

이 논문의 연구목적은 문재인대통령의 국가교육위원회 설치 공약으로 위원회의 설립 가능성이 높아졌다. 이에 위원회의 필요성과 입법적 함의를 논하는데 목적이 있다. 연구방법은 선행연구(개념정립, 해외사례, 법률조사), 언론자료 및 인터넷자료를 분석하였다. 또한 국가교육위원회 설치에 따른 긍정적인 기능과 부정적인 기능을 제시하였는데, 긍정적인 기능은 첫째, 정책의 안정성 둘째, 정치적 중립성 셋째, 교육의 본질 추구 넷째, 정책 가능성의 향상 부정적인 기능은 첫째, 기구설치가 독이 됨 둘째, 지위와 역할 논란 셋째, 합의적인 문제 넷째, 포퓰리즘정책 지향이다.

• 무역상무연구
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• 제54권
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• pp.167-190
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• 2012

The purpose of this study is to find out some countermeasure to Korean companies entered Chinese market through analyzing an arbitration case resolved by CIETAC applied of Chinese Commission Agency Law and CISG. China create legal relationship between the principal and the third party under Chinese Consignment Contract Law. Korean companies so make sure whether this Contract is included when they conclude international commercial contract. If yes, they have to prove their recognition for the relationship between the principal and the commission agent when needed. If the parties agreed an additional period of time of delivery and the seller do not deliver the goods within this period, this breach might be regarded as fundamental nature and the buyer could declare the contract avoided. In addition, late delivery might also be regarded as fundamental breach when market price is fluctuated. It is understandable that attorney's fees is recoverable one, but it is not understandable that arbitrator's extra expenses such as travel and accommodation expenses is not recoverable with the reason that arbitrator comes outside of the country.

• 산경연구논집
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• 제11권9호
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• pp.17-24
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• 2020

Purpose: The purpose of this research is to explore the continuum of reasons and skills employed by tribal Indian women entrepreneurs to establish their successful businesses in terrorist affected areas. Research design, data and methodology: After an extensive literature review on women's entrepreneurship and their situations in disturbed areas, a qualitative research method was applied, and researchers conducted well-structured personal interviews to collect data from fifty respondents selected by using random and convenience sampling. Results: This study has identified the range of reasons for the successes of tribal women entrepreneurs. These are strict compliance with tribal culture and restrictions imposed by different stakeholders and the establishment of social networks and support from local communities and with their indefatigable and indomitable perseverance to proffer basic sustenance for their families. Conclusions: A minimum sample was selected from the Andhra-Odisha Border (AOB) areas due to security concerns. The research depicts the tribal Indian women entrepreneurs' grit and remorseless nature in overcoming impediments from the socio-cultural, economic, political, and legal framework of the country. This research is a gallant effort taken up by the authors, which is the first of its kind to visit as well as to conduct primary research in disturbed areas like the Andhra-Odisha Border in India.

• 의료법학
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• 제7권1호
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• pp.323-386
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• 2006

A combination of information technology and medical care has given rise to a new type of medicine, i.e., telemedicine. Broadly defined, telemedicine is the transfer of electronic medical data from one location to another. Both at home and abroad, telemedicine has come to success in establishing appropriate equipment and solutions for such non-conventional medicine. Sooner or later, telemedicine is believed to find itself as one of the universal treatments. In order to facilitate the full-fledged development of telemedicine, a number of legal and institutional problems have to be settled. In Korea, the Medical Act was amended to include such provisions as telemedicine, electronic medical records, electronic prescriptions, etc. and the Act came into force on March 31, 2002. Telemedicine is in common with the conventional medicine in that a physician treats a patient. However, telemedicine is basically differentiated in the followings: - The offer and acceptance of treatment and medication are usually made on-line; - Telemedicine is inherently dangerous because a physician cannot meet face-to-face with a patient; and - Joint and several liability is borne by all the physicians involved in a telemedical consultation. As a result, telemedicine is vulnerable in nature to medical malpractice. Accordingly, there must be some new theories and arguments in the formation of contract and torts. The discussion on the civil liability covers the above-mentioned issues, and would give an insight or guidelines in the concerted operation of provisions with respect to telemedicine. This study delves into the civil liability of physicians involved in telemedical consultations and treatments based upon the conventional malpractice theory.

• 한국HCI학회:학술대회논문집
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• 한국HCI학회 2006년도 학술대회 2부
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• pp.684-691
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• 2006

컴퓨터 게임은 이미 전세계적으로 가장 영향력 있는 엔터테인먼트 장르로서 자리잡아가고 있고, 우리나라에서도 차세대 성장동력산업의 핵심으로 간주하여 막대한 투자가 이루어지고 있지만, 어느 산업보다도 정책적 일관성을 유지하기 어렵고 일반인들의 정서적 공감대를 얻어내기 어려운 실정이다. 그 이유는 아직 게임행위와 그로 인한 결과물들에 대한 견실한 가치론이 구축되지 못했기 때문인데, 더 근원적으로는 제반 디지털 문화현상과 양립 가능한 세계관과 인간관의 기초개념이 정립되지 못했기 때문이라고 볼 수 있다. 바야흐로 게임의 철학이 요청되는 시점이다. 본 논문은 이러한 상황인식하에, 우리나라 디지털문화에 내재된 이중규범과 존재론적 전제의 오류들을 검토하고, 계산주의(Computationalism)와 가상실재론(Virtual Realism)이라는 이론적 맥락을 토대로 온라인 게임, 가상현실 그리고 현실이 일관되게 상호작용하는 구조를 밝히고자 한다. 그러한 과정에서 게임 폐인과 스타 게이머의 간극, 아이템 현금거래의 정당성, 인기있는 게임의 철학적 이유, 게임 심의규정의 현실 적합성 등에 대한 논의가 이루어질 것이며, 궁극적으로 게임은 단순한 엔터테인먼트 매체가 아니라 그 자체로서 '생활양식(form of life)'이기 때문에 어느 관공서의 표어처럼 말 그대로 "게임으로 하나되는 세상"이 가능하다는 결론에 이르게 될 것이다.

• 통상정보연구
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• 제10권3호
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• pp.239-261
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• 2008

Documentary credit transactions are judged by the principle of strict compliance. The compliance of the tendered documents with the credit's teams ensures the proper completion of the underlying transaction. But if the documents tendered by beneficiary differ, a discrepancy of documents occurs. Such a discrepancy raises difficult problems for the bank to which the documents are tendered. It has to decide whether to reject or accept them or to accept them under a protective mechanism. Therefore, this study is to examine the case study of complying presentation of the description of the goods in documentary credit through the Korean Supreme Court Cases. The objectives of this paper are as follow : 1. To examine two point of views on document compliance such as strict compliance and substantial compliance. 2. To analyze Korean Case Law which challenges the legal conclusions, standard for examination of documents and New ISBP. 3. To draw out the criterion for conformity and discrepancy of description in invoices and WC and to provide the guidelines for determining the nature and extent of an issuing bank's duty of documentary compliance. 4. Finally to suggest some implications through the Korean case law. By using the examination standards for description of goods suggested in Korean Case Law and New ISBP, the traders will be able to prepare documentation more perfectly and document checkers will be able to examine the negotiation documents more easily.

• 의료법학
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• 제8권1호
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• pp.9-34
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• 2007

Human material is considered as an independent object after departing from human body. But unlike other materials, that is not allowed for the trading because of the nature of personality. According to the present legal system, the human material is only permitted to donate to the researcher or biobank for scientific study. Bur after the collection, the human materials are regarded as a valuable assets and the collectors want to get more economic gains. If the neutral modulators serve for the justifiable circulation. The economic motivations could be prevented within material transfer processes. In real life, the neutral modulator is hard to find and most of partipants are involved in the economic interests. In this situation, it may be justifiable to permit the person who donate his body material to pursue reach through right on his material. The problem is how to measure the value of human material and how to treat the informed consent. If the essential portion of human personality is contributed to the value of human material and if only his material can be served for the invention, the tissue donator can get economic interests on his body material as his property. That is based on the rule of processing of human efforts on civil law.