• Journal of Korea Trade
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• v.26 no.7
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• pp.93-108
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• 2022

Purpose - This paper examines the admissibility of restitution as the legal consequence where a contract is frustrated under the Law of Reform (Frustrated Contracts) Act 1943 in comparison with Korean Civil Code (KCC). In order to provide practical guidelines and advice regarding choice of and application of law for contracting parties in international trade, the paper comparatively evaluates requirements and the scope of restitution under the Act 1943 and KCC. Design/methodology - This paper executes a comparative study to analyze whether the parties may claim restitution of money paid or non-money benefit obtained before or after the time of discharge under English law and KCC. To achieve the purpose, it focuses on the identifying characteristics of each statute, thereby providing guidelines to overcome difficulties in legal application and interpretation as to restitution as the consequence of frustration. Findings - Under English law, the benefit may be restituted according to Art 1943 or the common law rule, mistake of fact or law. Under the KCC, restitution is considered based on the principle of the obligation to recover the original obtained regardless of the time when the benefit is conferred. Whilst Act 1943 does not require careful analysis of the grounds of restitution, requirements to justify restitution according to the principle of unjust enrichment, mistake of fact or law, and the KCC should be met. Meanwhile, the KCC may provide more opportunities to award restitution because it does not require the burden of proof related to the defendant's good faith, unlike the principle of unjust enrichment. Originality/value - Where the contract is frustrated by the effect of COVID-19, one legal issue is a consequence of frustration. Therefore, this paper analyzes requirements and the scope of restitution under English law as compared with the KCC in a timely manner. It provides contracting parties with practical guidelines and advice to reduce unpredictability when they choose the governing law in a contract.

• Korean Journal of Construction Engineering and Management
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• v.21 no.4
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• pp.82-89
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• 2020

Article 64 of the Enforcement Decree of the National Contract Act The requirement of the pre-amendment statute related to the adjustment of the contract price was 5% or more of the price fluctuation rate from the date of the contract. However, the meeting requirement was changed from 5% or more to 3% or more from the date of signing of the Presidential Decree No. 19035 to 2005. 9. 8. The method of adjusting the contract amount was also changed to determine the contractor's desired adjustment method at the time of contract. Alleviating these requirements and revising the empowerment of contract partners is intended to prevent difficulties in achieving smooth objectives by applying to public construction contractors without unfairly benefiting or unfavorable to contract partners. Even if the standards are relaxed and the rights are secured as described above, if the existing provisions for the adjustment of price fluctuation are applied, unlike the original purpose of the government system, the Korea Bank's price economic statistics classification method and the contract construction classification criteria applied in public construction work Due to the inconsistency, it can be seen that the amount of adjustment for price fluctuation by construction type is excessive and underestimated. Therefore, the purpose of this study is to analyze problems through cases and to make appropriate construction cost adjustment through improvement measures.

• Health Policy and Management
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• v.22 no.3
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• pp.315-346
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• 2012

The legal relationship between patient and physician is legally equal relationship. But, in times past, patients be compelled to sign an unequal contract, substantially. Because of the imbalance between supply and demand in the health care market. Today, the law of supply and demand in the health care market is running well. And as the cognition of citizens' rights grows, the relationship between patient and physician can also get a lot of changes. Patients have the right to know the information about medical care, and to decide whether or not to get treatment including invasions against their own bodies. In other words, Doctors have an obligation to explain to their patients. If doctors did not provide patients sufficient explanation or information, it violates the right of patients. This is a tort, or a breach of contract. To improve the remedy for violation of patient's right, patient is able to be protected by status as consumer. If patient is a kind of consumer in terms of medical consumption, he/she as consumer can enjoy supplementally the consumer's right. The patient as a consumer can exercise now a consumer's right as a constitutional right. In addition, with respect to consumer's rights, Framework Act on Consumers was enacted. This Act is based on constitutional provisions of Article 124 and the Act can be seen as a law that embodies consumer right because the provision of the constitutional law delegates specific contents. In the health care field, patients need to win recognition the statue of the consumer to hold the sovereignty of the consumer. In particular, if patients are consumers, they may be able to make good use of the quickly and efficiently collective dispute resolution and association lawsuit to rescue their damage, the Alternative Dispute Resolution(ADR) of Framework Act on Consumers.

• The Journal of the Korea Contents Association
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• v.18 no.8
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• pp.483-493
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• 2018

Through the improvement of the Labor Relations Act, the Social Insurance Act, and the Artists Welfare Act for occupational status and rights of artists, the character of workers, joining exception in the Employment Insurance Act, and applying exception in the National Health Insurance Act and the National Pensions Act should be recognized. For this, the scope of workers should be expanded through the interpretation of the court and legislation of the Labor Relations Act, and supporting range of social insurance should be expanded by applying exception in the National Health Insurance Act and joining exception in the Employment Insurance Act for artists who are currently excluded. Artists' compensation insurance that is an optional entry system and paid entirely by artists need to have effectiveness of the system through insurance support. The Artists Welfare Act also needs to be revised to strengthen legal protection for artists and it is important to secure finances for artists' welfare projects. The standard contract should be mandatory and a career certification system for artists should be established so that artists who need welfare benefits can not be omitted.

• Journal of Arbitration Studies
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• v.30 no.1
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• pp.87-111
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• 2020

Smart contracts are implemented by blockchain technology, which stores the terms of the contracts of both parties on the blockchain. In the event of an international dispute over smart contracts and blockchains, no special solution has been proposed, such as the enactment of the International Unification Act. The blockchain platform which operates smart contracts is decentralized and operates through distributed nodes around the world without central servers, making it difficult to establish jurisdiction and governing laws. As an alternative to traditional dispute-solving methods, a new mediation model-smart arbitration-is being attempted. The arbitration process is likely to be a preferred means of resolving disputes over smart contracts in practice. There are many problems, such as the fairness of the arbitration center on the selection and judgment of arbitrators, the question of securing reliability, the question of the validity of the arbitration agreement, and how much the court can be involved in the case. Preparations at the national level, such as fostering blockchains and smart contract experts, and overhauling the legal system, are needed.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.69-89
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• 2018

The United States of America is one of the most favoring countries in which mandatory pre-arbitration clauses in the form of adhesion contract have been widely recognized and supported by courts and the Federal Arbitration Act. However, after the financial crisis in 2008 and the National Arbitration Forum scandal in 2009, in enacting the Dodd-Frank Wall Street Reform and Consumer Protection Act ('Dodd-Frank Act'), Section 1028(a) of the Act requires the newly created Consumer Financial Protection Bureau (CFPB) to provide Congress with a report on "the use of agreements providing for arbitration of any future dispute between covered persons and consumers". Section 1028(b) also grants the CFPB the authority to "prohibit or impose conditions or limitations on the use of an agreement between a covered person and a consumer for a consumer financial product or service providing for arbitration of any future dispute between the parties, if the Bureau finds that such a prohibition or imposition of conditions or limitations is in the public interest and for the protection of consumers." Pursuant to the Dodd-Frank Act, the CFPB issued a report entitled "2015 Arbitration Study: Report to Congress 2015 (Report)" in March 2015. This paper examines some major legal issues of the Report and makes a few recommendations for Korean financial institutions which entered into the U.S. financial market or has a plan to do so in the near future.

• Korean Security Journal
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• no.55
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• pp.143-167
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• 2018

According to the Security Services Industry Act security guards are not just workers but security-related service workers complementing the lack of police force and specializing in protecting of national important facilities, industrial facilities and apartment houses. Nevertheless, confusing or mixing the security service workers in "Security Services Industry Act" with the guards in the "Act on the Protection etc. of Temporary Agency Workers" lead to a constant debate about the scope of work of security guards. In the case of security service workers in "Security Services Industry Act" there is a strict limitations on security service worker's qualification such as strict reasons for disqualification, a need to pass training for new workers and qualification training, a need to report to the competent chief police officer if the security guard has placed or unplaced by the security service company. It distinguishes security service workers in "Security Services Industry Act" from the guards in the "Act on the Protection etc. of Temporary Agency Workers" and acknowledges the occupation of security service worker as a professional service worker. Therefore, security service workers in "Security Services Industry Act" shouldn't be obliged to do any other work than security work. If it is required to do other work than security work contract by the "Security Services Industry Act" doesn't apply but need to use a security guard according to "Act on the Protection etc. of Temporary Agency Workers" or hire a security guard on the employment contract. In this way, when security service workers in "Security Services Industry Act" are recognized as professional security related workers, the entire security industry can ultimately develop.

• International conference on construction engineering and project management
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• 2015.10a
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• pp.704-705
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• 2015

Recent research has been ongoing for modular buildings in the country, and interest increases. However, in accordance with legal restrictions in the country with regard to Project Delivery system of Modular Building, the activation of modular buildings industry is obstructed. In Korea, in accordance with national contract law, the construction contract is apply to the project delivery system of modular buildings, and in accordance with Framework Act on the Construction Industry, The project delivery system of modular buildings has to be a separate order. The definition of separate order in contract as defined in the law is that the electric work and Communication work and digestion facility work has to be separate each contract in order to be ensured professionalism. In accordance with law, the project delivery system of modular buildings is that the contract for construction is concluded with the Owner and the Construction Contractor and the contract for goods is concluded with the construction Contractor and modular manufacturer. Due to these project delivery system, the domestic factory production rate when making a modular unit is significantly reduced compared to the rate of factory production abroad and the domestic factory production rate is estimated to 10-20%. Due to the factory production rate is also low, despite what can be done at the factory the workload in construction field increases. According to the workload in field increases, the effect of the schedule reduction can be reduced. It resolved to form a consortium with a modular manufacturer and construction companies or the contract is concluded with Owner, modular manufacturer and construction companies in each. In this paper, we propose a specific project delivery system for modular building to solve the problem of the low factory production rate and the problem of schedule reduction. Through this paper, due to the variety of project delivery system on modular buildings is expected to contribute to the activation of modular buildings.

• Korea Trade Review
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• v.45 no.3
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• pp.133-146
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• 2020

In the UK's the insurance law 2015, a remedy for breach of warranty in marine insurance was introduced. Also, if the insured proves that breach of warranty in marine insurance does not affect damages, the insurer pays the insurance money to the insured. The UK's marine insurance law has served as the governing law that has been the standard for the marine insurance industry for a long time. Korea and China were heavily influenced by the UK maritime insurance law. Therefore, this study analyzed the cases of breach of warranty in marine insurance in Korea and China. Through this, the insurer avoid the insurance contract for an accident that occurred after the breach of warranty. this result will be different under the new revised insurance law system. With the revision to The Insurance Act 2015, one of the biggest change in the insurance system is that it is possible to remedy of the violations of warranty. However, such a revision of the law requires considerable attention as it also changes the interpretation and judgment of the courts. Accordingly, a practical response of the insurance industry is required. It is necessary to prepare for possible disputes in practice.

• The Korean Society of Law and Medicine
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• v.22 no.2
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• pp.81-109
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• 2021

This paper review about the relationship between the prohibition against medical refusal and the principle of private autonomy in medical contracts. The obligation to this Prohibition in Medical Law does not restrict the liberty of contracting a medical contract. On the other hand, the prohibition limits the freedom to terminate medical contracts. Medical contracts can be terminated if the trust between doctors and patients is vanished. However certain restrictions should be placed on termination of the medical contract, because termination of the contract should not be detrimental to patients' health. According to the current medical law the medical contract is to be enforced in principle and can be revoked only with justifiable reason. At the Civil Code on Medical Contracts the freedom to terminate the medical contract is permitted, but this paper suggests the restrictions of the revocation under certain conditions. The Criminal Punishment Regulations against medical refusal should be removed. Refusal the provide medical service should be regulated by administrative sanctions under the National Health Insurance Act's obligation.