• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.24
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• pp.25-49
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• 2004

English contract law has traditionally taken the view that it is not the duty of the parties to a contract to give information voluntarily to each other. In English law, one of the principal distinctions between insurance contract law and general contract law is the existence of the duty of disclosure in insurance law. This article is, therefore, designed to analyse the scope or extent of the duty of disclosure and the remedy for breach of the duty in English marine insurance law. The main purpose of this article is also to seek the alternative remedy for the breach. The results of analysis are as following : First, the scope of the duty of disclosure is closely related to the test of materiality and the concept of a hypothetical prudent insurer. The assured is required to disclose only material circumstances subject to MIA 1906, s. 18(1). The test of materiality, which had caused a great deal of debate in English courts over 30 years, was finally settled by the House of Lords in Pan Atlantic and the House of Lords rejected the 'decisive influence' test and the 'increased risk' test, and the decision of the House of Lords is thought to accept the 'mere influence' test in subsequent case by the Court of Appeal. Secondly, an actual insurer is, in order to avoid contract, required to provide proof that he is induced to enter into the contract by reason of the non-disclosure of the assured. But this subjective test of actual inducement is somewhat meaningless in sense that English court takes the test of materiality as a starting point and assumes the presumption of inducement even in case of no clear proof on the inducement. Finally, MIA 1906, s. 18 provides expressly for the remedy of avoidance of the contract for breach of the duty of disclosure. This means rescission or retrospective avoidance of the entire contract, and the remedy is based upon a fairly crude 'all-or-nothing' approach. The remedy of rescission is too draconian from the point of view of the assured, because he can be deprived of all cover despite he is innocent perfectly. An inadvertent breach from an innocent mistake is as fatal as wilful concealment. What is, therefore, needed in English marine insurance law with respect to remedy for the breach is to introduce a more sophisticated or proportionate remedy ascertaining degrees of fault.

• Journal of Korean Society for Quality Management
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• v.21 no.2
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• pp.27-34
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• 1993

Quality Assurance Method of Defense Logistics Agency, U. S. A., was changed from Contract Quality Assurance Program to In-Plant Quality Evaluation in May, 1990. IQUE focuses on working with contractor in spirit of team work to measure and continuously improve processes and resulting product quality. The goals are to achieve customer satisfaction, improved product quality, and a reduction in the costs of items and ownership. It is suggested to adopt and apply the IQUE method to the effective accomplishment of Korean aircraft projects.

• Journal of the Korea Society for Simulation
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• v.22 no.2
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• pp.85-91
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• 2013

Smart phones become essential goods for our life. As the technology are developing, and the market becomes saturated, it is important to understand the determinants affecting purchase of smart phones. In this paper, to understand these determinants factor analysis and binary logistics regression is used. Toward this, we first define the determinants into 3 categories: customer satisfaction, switching barrier, and switching attractiveness based on literature review. Furthermore, we develop 9 hypotheses to test with survey data using factor analysis and binary logistics regression. The results show that the six factors (data quality, price satisfaction, corporate image, the burden of new contract, attraction of devices and attraction of other competitors) are significant when customers buy smart phones.

• Journal of Korea Trade
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• v.26 no.7
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• pp.167-184
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• 2022

Purpose - This paper analyzes all possible issues that need to be considered in case disputes occur with regard to force majeure in international commercial contracts through the comparative study between English and Korean during COVID-19. 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 juridical approach involves studying and examining theories, concepts, legal doctrines, and legislation that are related to the problem. Findings - English law does not permit general economic impracticability to qualify as a valid force majeure event. If a party asserts that they were prevented from performing the contract, the courts will examine this strictly. Many commercial contracts in a broad range of sectors and industries are chosen by parties to be governed by English law. With COVID-19, there have been discussion of parties being released from performance as a result of force majeure. Meanwhile, under Korean law, a force majeure event should be unforeseeable and beyond a party's control. Since COVID-19 is a known event for future contracts, to avoid the risk that a similar situation in the future is deemed foreseeable and under a party's control, parties must ensure that such a risk is properly addressed in a contract. Therefore, it is necessary to have a new clause to cover a pandemic. Originality/value - In light of the ongoing unexpected and uncertain economic impacts COVID-19 is expected to bring to the world, it is anticipated that companies will experience an increased number of claims involving force majeure around the world, including English and Korea. As such, taking proactive steps to assess the applicable legal principles, including the concept of force majeure of contract, will help companies be prepared for the financial or legal implications of COVID-19. In this regard, it would be advisable for companies and businesses to take specific actions.

• Journal of the military operations research society of Korea
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• v.35 no.2
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• pp.87-98
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• 2009

In the military logistics, the Outsourcing such as 3PL (3rd Party Logistics) and 4PL has emerged recently as an important agenda. However, when 3PL applied prematurely, side effects will occur such as the loss of combat power in wartime, the security vulnerabilities and the high cost by a small amount of military order. Recently, the developed countries such as the United States and the Britain want to compensate for these side effects. Therefore, They are developing the private-public competitive sourcing concept for the complementary partnership and the foster competition with the private sector. To apply this concept to the Korean Military, they need to be reorganized and promote the efficiency in the military logistics. Especially, the transportation sector. Therefore, this study, which is focused on the transportation sector, offers two kinds of measures to improve such as the Dual Pallet Standard (T11, T12) and the PLS(Palletized Loading System) truck system. Finally, these improvements will be analyzed by the simulation in this paper.

• Journal of Internet Computing and Services
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• v.19 no.5
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• pp.1-11
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• 2018

The Blockchain is a technique that prevents data from being manipulated and guarantees the integrity and reliability of the data by all participants in the network jointly owning and validating the data. Since the Blockchain characterized by security, scalability and transparency, it is used in a variety of fields including logistics, distribution, IoT and healthcare, including remittance. In particular, there is a growing interest in smart contract that can create different forms of contracts and automate implementation based on Blockchain. Smart Contract can be used to pre-programme contracts and are implemented immediately when conditions are met. As a result, digital data can be more reliable. In this paper, we are conducting a study on the smart contract design as a way to solve such problems as illegal misuse of funds on virtual currency, which has become an issue recently. Through this process, we applied the customer identification and money laundering prevention process using smart contract, and then check the possibility of preventing money laundering and propose the ASM (AML SmartContract Mechant) design.

• Journal of Korea Port Economic Association
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• v.36 no.2
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• pp.19-36
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• 2020

The bidding phase for logistics outsourcing services is critical for both shippers and logistics companies. According to the logistics bidding phase, the shipper should provide logistics operation information to logistics companies to resolve uncertainty. In addition, the logistics company can win the contract volume that was placed in the bid by expressing their experience and know-how, and proposing to share the risks and benefits of the shipper's logistics operation. Therefore, it is necessary to examine the factors that can be identified during the bidding phase for logistics outsourcing and how these factors affect the satisfaction of logistics outsourcing services. Based on the factors identified in the preceding studies on logistics outsourcing partnership factors and those on logistics outsourcing determinants, a survey was conducted on experts engaged in logistics companies, performing logistics for domestic shippers and analyzed using Smart-PLS. This study presents the following implications. First, in the logistics bidding phase, the shipper should provide its logistics operation information to logistics firms to resolve uncertainties. Details An in-depth explanation of the operation details will be presented via the bidding presentation, and on-site tours of manufacturing plants and logistics centers should also be carried out if necessary. Second, in the bidding phase, logistics companies should appeal through proposals to their competitiveness, such as experience and knowledge of the logistics of the shipper, and also consider alliances with other logistics companies to supplement their insufficient logistics services. Third, logistics companies should make proposals to share profits and risks through logistics outsourcing during the bidding phase, propose accepting risks from environmental uncertainties of the shipper within its capacity to an acceptable extent, and share the benefits of carrying out the shipper's logistics.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.39 no.4
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• pp.137-146
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• 2016

In recent years, business environment is faced with multi uncertainty that have not been suffered in the past. As supply chain is getting expanded and longer, the flow of information, material and production is also being complicated. It is well known that development service industry using application software has various uncertainty in random events such as supply and demand fluctuation of developer's capcity, project effective date after winning a contract, manpower cost (or revenue), subcontract cost (or purchase), and overrun due to developer's skill-level. This study intends to social contribution through attempts to optimize enterprise's goal by supply chain management platform to balance demand and supply and stochastic programming which is basically applied in order to solve uncertainty considering economical and operational risk at solution supplier. In Particular, this study emphasizes to determine allocation of internal and external manpower of developers using S&OP (Sales & Operations Planning) as monthly resource input has constraint on resource's capability that shared in industry or task. This study is to verify how Stochastic Programming such as Markowitz's MV (Mean Variance) model or 2-Stage Recourse Model is flexible and efficient than Deterministic Programming in software enterprise field by experiment with process and data from service industry which is manufacturing software and performing projects. In addition, this study is also to analysis how profit and labor input plan according to scope of uncertainty is changed based on Pareto Optimal, then lastly it is to enumerate limitation of the study extracted drawback which can be happened in real business environment and to contribute direction in future research considering another applicable methodology.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.46
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• pp.181-210
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• 2010

The continuing advance of multimodal transport with the importance for efficient and effective logistics management emphasizes the need for uniform legal approach to international multimodal transport. However, the current fragmented instrument regulating such transport is being an obstacle to development of multimodal transport as it aggravates confusion and uncertainty. The Rotterdam rules, which was adopted in December 2008 by UNCITRAL, expands its scope of application to door-to-door transport. However, the new rules has some problems in its application to multimodal transport operation as it has been conceived not to regulate general multimodal carriage but to regulate contract of carriage by sea that extends its services to the transport by other modes. This article examines conflict of conventions in the Rotterdam Rules. The applicability of the Rotterdam Rules in international multimodal transport contract and possibility of potential conflict with other transport conventions are analyzed with some hypothetical cases. Furthermore, problems arising from application of the Rotterdam Rules under international multimodal transport Contracts are indicated in the chapter IV.

• Korea Trade Review
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• v.44 no.6
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• pp.1-21
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• 2019

In the case of a sea transport contract, the decision of the governing law, together with the choice of lex fori, shall be a legal issue in all legal disputes involving damage to the goods. In sea transport contracts, a paramount clause is often established in conjunction with the governing law clause, which can lead to conflict between these two clauses. Most B/L's back clauses contain a paramount clause that provides that the Hague Rules, Hague-Visby Rules, or foreign laws that prevail over other provisions of the terms. The Hague Rules and the Hague-Visby Rules, however, set different standards regarding the extent of the sea carrier's liability. Therefore, in the interpretation of ground conditions, it is an important question whether the Hague Rules or the Hague-Visby Rules are applied or whether each rule is applied as a law. For example, the paramount clause in the Superior Pescadores case was problematic in the interpretation of the term 'Hague Rules.' In this case, the English Court held that the expression 'Hague Rules' could be used to mean the Hague-Visby Rules, and not exclusively the Hague Rules. Therefore, the Hague-Visby Rules were applied in the judgment of this case, which suggests that this case can be a valuable precedent in future legal matters.