• 한국건설관리학회논문집
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• 제13권3호
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• pp.122-130
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• 2012

현재 우리나라에서 진행되고 있는 턴키사업은 근원적인 장점을 살리기 보다는 여러 가지 문제점이 지적되고 있다. 설계심의 방법 및 적격자 선정단계의 문제점과 제도 및 계약기준, 입찰안내서(지침서)의 불명확한 내용 등으로 턴키사업수행과정에서 각종 클레임(Claim)이 증가되고 있는 것이 현실이다. 국내 턴키사업이 바람직하게 정착되기 위해서는 입찰 및 계약단계에서 설계심의 방법과 실시설계 낙찰자 선정에 대한 적정한 대안을 마련하여야 하는 것은 물론, 턴키사업과 관련된 계약 및 발주기준, 입찰안내서의 불합리한 부분에 대한 합리적 기준을 마련하여야 한다. 본 연구는 설계변경 등 계약변경이 어려운 턴키발주사업의 클레임 사례를 분석하여 문제점을 도출하고, 이를 토대로 관련 계약 조건 및 입찰안내서의 개선방안을 제시함으로써 턴키사업으로 추진하는 공동주택건설사업의 클레임을 저감하여 효율적 사업수행에 기여하고자 하는 것이다.

• 무역상무연구
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• 제20권
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• pp.63-82
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• 2003

The time of examination of buyer in international sales contract is very significant, because the time is related with the period of claim in buyer's aspect. From the legal point of view, the time of delivery, the time of examination and the time of quality decision should be in accord. But the buyer, whose main place of business is located in importing country, wants to examine the goods in his own country. Therefore in CIF or FOB Contract, the place of delivery and the place of examination are divided. Thus the CISG, the Common Law System and the Civil Law System including Korean Law stipulate the buyer's examination at the destination if the sales contract involves carriage of the goods. This author, from the buyer's perspective, would like to make the following suggestions in regard to the time of examination when the sales contract is made. First, the time of examination and the time of quality decision should be in accord, even though the time of delivery is different. Second, the buyer should clearly indicate the time, the place, the inspector, the particulars and the burden of proof in regard to examination when contracting. Third, the buyer should also clearly indicate the period of notice for the lack of conformity in Claim Clause of sales contract, which should be counted from the time of examination. Fourth, the buyer should remember that he many lose the right to rely on the lack of conformity of the goods if he does not give the seller notice thereof within the stipulated time or reasonable time. Finally, if the buyer wants, to examine the goods at the place of shipment, it is desirable for the buyer to designate internationally recognized inspection organization like SGS.

• 통상정보연구
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• 제8권4호
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• pp.147-156
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• 2006

In all cargo cases one of the first things the person handling the claim must do is decide who is potentially liable as a carrier of the goods. This issue arises because bills of lading often do not identify the carrier. The "carrier" could be the shipowner or the charterer or both. The issue of the identity of the "carrier" is a question of fact. The question to ask in each case is who undertook or agreed to carry and deliver the goods. The answer to this question will largely depend on the facts. The shipowner is almost always liable as a carrier under Common law provided there is no demise charter of the ship. The more recent case law, however, suggests that in the usual situation both the charterer and shipowner will be liable. Accordingly, both the owner and charterer should be put on notice of any claim and, in the event an extension of suit time is required, the extension should be obtained from both. An alternative method by which the charterer can avoid liability is to insert and 'Identity of Carrier' clause in the bill of lading.

• 무역상무연구
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• 제66권
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• pp.25-46
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• 2015

The purpose of this paper is to provide a legal implication about conformity of goods in the international commercial transactions. There are so many legal relationship after the formation of contract. The most of important thing among the obligations of seller is to provide conformal goods which are of quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. If seller violate above duties, seller take the warranty liability. However, CISG describe the conformity of the goods instead of the warranty as follows. First, CISG Art.35(1) states standards for determining whether goods delivered by the seller conform to the contract and Art.35(2) describes standards relating to the goods' quality, function and packaging that, while not mandatory, are presumed to be a part of sales contracts. Article 35(2) is comprised of four subparts. Two of the subparts (article 35(2) (a) and article 35(2)(d)) apply to all contracts unless the parties have agreed otherwise. Second, CISG Art.36 and 38 deals with the time at which a lack of conformity in the goods must have arisen in order for the seller to be liable for it. If seller lack of conformity becomes apparent only after that time, seller is liable for a lack of conformity existing when risk passed to the buyer. Third, CISG Art.49 describe that a buyer who claims that delivered goods do not conform to the contract has an obligation to give the seller notice of the lack of conformity. The most of important things about CISG articles and precedents is that buyer is aware of the lack of conformity and notice it to seller. Failure to satisfy the notice requirements of article 39 eliminates a buyer's defence, based on a lack of conformity in delivered goods, to a seller's claim for payment of the price. Consequently, parties of contract had better agree to the notifying times about lack of conformity. Also, If seller fined the non-conformity, seller has to notify this circumstance to the buyer within short period or agreed time.

• 통상정보연구
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• 제11권1호
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• pp.291-308
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• 2009

The implied obligation under the contract of affreightment not to carry dangerous goods without prior notice to the carrier applies to the contractual relationship between the charterer and the owner under charterparties. The charterers will be in breach of an implied undertaking under the common law if they load dangerous cargoes without making notice of dangerous nature of them to the owner. It is indicated to be necessary to change the term "shipper" to "charterer", with relation to such implied obligation, where the Hague/Hague-Visby Rules are incorporated into the charter, however, it is not so apparent where an actual shipper is involved. So long as an actual shipper could be identified, the shipper rather than the charterer shall be responsible for damages arising from the dangerous nature of the cargo itself. In this case, the actual shipper is interpreted to have an implied contractual relationship with the carrier just by the act of delivering the cargo to the carrier for loading. If the vessel were damaged by shipment of the dangerous cargo under charterparty, the carrier can claim against such damages based on the contractual obligations under charterparties: "implied and expressed duty not to ship dangerous cargo without notice to the carrier"; "Art.IV.6 of the Hague/Hague-Visby Rules"; "Indemnity Clause" and "Redelivery Clause". The carrier has the conventional right under the Hague/Hague-Visby Rules to land, destroy or render the goods innocuous where the dangerous cargo threatens the means of transport or other interests on board. When the carrier has not consented to make the shipment, the carrier's disposal right could be exercised without limitation. However, where the carrier has consented to make the shipment of the dangerous goods with the knowledge concerned, the right of disposal of such goods should be exercised with limitation.

• 의료법학
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• 제10권2호
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• pp.287-307
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• 2009

A person is injured in car accident caused by his/her slight negligence except he / she causes accident by his / her willfulness or gross negligence. Because the National Health Insurance Corporation (hereinafter called "Corporation") shall not provide any insurance benefit "when he has intentionally or through gross negligence caused a criminal conduct or intentionally contributed to the occurrence of an accident" referred to in Article 48 (1) 1 of the National Health Insurance Act. So, if he / she is insured by his / her own bodily injury coverage, he / she can be compensated for his / her medical expenses. The injured have the rights to file either National Health Insurance claim and Automobile Insurance claim but there is no clear and definite adjustment clause. The claim disputes between National Health Insurance (hereinafter called "NHI") and Automobile Insurance (hereinafter called "AI") in the own bodily injury coverage makes some problems. Firstly, there are some differences in co-payments which he / she chooses between NHI and AI. Profit per a patient is higher in the NHI than in the AI. Secondly, it can provoke criticism that people shall unnecessarily pay double contributions. Lastly, it can raise moral hazards. For example, if he / she can cover the compensations when the insured receives the compensations from his / her insurer, the Corporation can be claimed by medical care institution payment of the health care benefit costs. In conclusion, first of all, to improve the national health and preserve the insured's rights the Corporation shall keep notice these facts.

• 한국도서관정보학회지
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• 제9권
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• pp.145-178
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• 1982

This is a survey of the circulation system for students in college & university libraries in Korea. The survey used a questionnaire with 14 questions on 6 items concerning the various aspects of the circulation system in 82 libraries responded among 85 college & university libraries as of 1981. The survey results discovered many problems needing improvement. The following list describes the measures needed to better the problems found in the survey results of 82 libraries. 1. 67.1% of the libraries shows the restricted volumes loaning less than 2 volumes, and 81.7% of the libraries shows the loan periods less than a week, but it is desirable to extend them, when comparing with the size of holdings and the higher educational system at present. 2. It is desirable that the number of a staff in charge of circulation works places one person per average 75-85 books borrowed a day, when calculating an adequate number of the staff on the basis of the correlation between books borrowed a day and number of the staff. 3. 59.8% of the libraries does not have reserved book system, but it is desirable to take it for increasing reliability about the circulation services. 4. More than half of the libraries takes a method of a public announcement on a notice-board for claims of overdue books, but it is desirable to send a claim notice to the individual in viewpoint of keeping their privacies. 5. More than half of the libraries to take the open access system uses a call slip, but it is desirable not to use it in viewpoint of simplicity and economical efficiency of the charging system, because of demanding the unnecessary records. 6. Most of libraries shows many problems of the charging system, especially in factors of the records and filing system, but it is desirable to improve it on the basis of 4 basic factors of the charging system, that is, simplicity, economical efficiency, promptitude and accuracy.

• KSII Transactions on Internet and Information Systems (TIIS)
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• 제10권9호
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• pp.4508-4528
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• 2016

Widespread use of wireless networks has drawn attention to ascertain confidential communication and proper authentication of an entity before granting access to services over insecure channels. Recently, Truong et al. proposed a modified dynamic ID-based authentication scheme which they claimed to resist smart-card-theft attack. Nevertheless, we find that their scheme is prone to smart-card-theft attack contrary to the author's claim. Besides, anyone can impersonate the user as well as service provider server and can breach the confidentiality of communication by merely eavesdropping the login request and server's reply message from the network. We also notice that the scheme does not impart user anonymity and forward secrecy. Therefore, we present another authentication scheme keeping apart the threats encountered in the design of Truong et al.'s scheme. We also prove the security of the proposed scheme with the help of widespread BAN (Burrows, Abadi and Needham) Logic.

• 한국중재학회지:중재연구
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• 제23권2호
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• pp.55-79
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• 2013

As arbitration becomes an increasingly popular mode of resolving disputes, neighboring industries begin to take notice. This interest is reflected in the increasing utilization of third party funding in international arbitration claims. In this regard, the third party funding industry appears particularly interested in investor-state arbitration claims because they typically involve considerable claim amounts and substantial legal fees. To examine this trend more closely, this paper, firstly, examines the investor-state arbitration more precisely in Chapter II. In Chapter III, this study continues to examine some legal issues which can arise as a result of a conflict of interest between the parties to the funding agreement including, inter alia, 1) a dispute in which the funder terminates the agreement during the arbitration proceedings, 2) a dispute in relation to a funder's intervention in arbitration proceedings, and 3) a dispute on the responsibility for adverse costs orders, if any. This paper further identifies major legal issues which can arise in relation to 1) disclosure of existence of the funding agreement, 2) attorney-client privilege. Lastly, in Chapter IV, this paper provides some lessons from an in-depth case study on third party funding agreements and solutions to avoid and to solve prospective disputes in the future.

• 무역상무연구
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• 제26권
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• pp.225-253
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• 2005

Nowadays we does not hesitate to definite answer that the arbitration is the most developed dispute settlement out of court in the international commercial transaction. Online arbitration is desirable for the reasons of speed and cost effectiveness to settle the dispute about the international commercial transaction. Online arbitration is fast because it uses the communication technologies that allow information to be sent fast and efficiently. But in online arbitration too much speed and efficiency may lead to a violation of due process rights and consequently the online arbitration awards run a risk to be set aside or refused its enforcement under the international commercial arbitration mechanism. Speed and efficiency may conflict with the procedural guarantee characterizing each adversary dispute resolution process. As arbitration is exclusive of recourse to courts, a state must guarantee that arbitral proceeding should be satisfied with the claim rights requirement. The main question regarding the sources of regulation is particularly for the due process whether or not this is provided by the availability of grounds to set arbitral award aside. In other words, does it respect due process in the arbitration proceeding including information communication and technology under the online arbitration. In this paper it is discussed about how the main issue in arbitration should be implemented in online arbitration proceedings to cope with the due process requirements in national and international.