• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.187-210
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• 2011

International transactions have the threat of non-payment by the buyer or non-performance by the seller. Parties tend to search for additional means of securing performance and payment beyond the mere agreement in the contract. Such security may be achieved by means of a letter of credit. When contracting parties have agreed to pay by means of a letter of credit, the buyer's bank takes upon itself the obligation to pay the purchase price when the seller tenders the documents that are stipulated in the letter of credit. The documents must comply strictly with the terms of the credit.. The documents play a crucial role in letter of credit transaction. The principles of abstraction, separability and strict compliance governing the letter of credit transaction are considered. The concept of fundamental breach of Article 25 CISG was discussed. This article examines whether a failure to deliver documents conforming to the terms of the letter of credit can constitute a fundamental breach of the sales contract as defined by Article 25 of the CISG by the seller and thereby enable the buyer to avoid the contract. For letter of credit transactions it should be accepted that the delivery of non-performing documents constitutes a fundamental breach, if the result of this breach is that the bank refuses to pay the price for the goods. On the other hand, in the interpretation of Article 25 CISG, it should be noted that if the parties have agreed to payment by means of a letter of credit, they have simultaneously agreed to apply the strict compliance principle to the delivery of documents in the sales contract. Finally the parties should ensure that inconsistency between the requirements under the documentary credit and the requirements under the contract of sale is avoided, since the buyer may be in breach of his payment obligation if the seller cannot get paid under the documentary credit when his documents conform with the contract of sale.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.46
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• pp.105-130
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• 2010

CISG provides the place of payment at the Article 57 which if the buyer is not bound to pay the price at any other particular place, he must pay it to the seller (a) at the seller's p lace of business or (b) if the payment is to be made against the handing over of the goods or of documents, at the place where the handing over takes place. When the parties have agreed that payment is to be made against the handing over of the goods or of documents, the place where this is to happen according to the contract or CISG is the place of payment. When the parties have not agreed to this, the place of payment is the seller's place of payment. The buyer does not send the money to seller's office, but pays it to the seller's bank account. Where payment is effected by a L/C, such operations shall be governed by UCP and collection of money governed by URC. The payment at the seller's place of payment affects the rate of interest, currency of money and jurisdiction which is interpreted by Brussel convention and Lugano convention. The principle on which the CISG is based, characterizes the obligation of payment as an obligation to be performed at the creditor's place of business. This principle affects the place of damage claims payable to be at the creditor's that place. Payment at the place of business is required, but not inside the place itself.

• Journal of Korean Academy of Nursing
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• v.26 no.1
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• pp.5-14
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• 1996

The purpose of this study is to find the Korean women's view to pregnancy within the Korean cultural context, to help nurses understand psychosocioemotional schema of the pregnant women, and to contribute to theory-building on the meaning of pregnancy. The interviewees were 21 women in their twenties or thirties and they were selected by theoretical sampling technique. Thirteen women of the interviewees were single and others married. Data were collected by in-depth interviews from September November in 1994. Interviews were tape-recorded and transcribed. Data were analyzed by Van Kaam's phenomenological method. Results were as follows. Eighty two descriptive expression were found and they were grouped under fourteen common factors. These are 「to maintain family」, 「instinct」, 「obligation」, 「what one should do」, 「to make home」, 「to tie couple firmly」, 「means to overcome a period of lassitude」, 「token of love」, 「hope」, 「to avoid loneliness」, 「wanted to have a baby」, 「to provide for old ages」, 「to be a mother」, 「to achieve her desire through baby」. Finally, fourteen common factors were grouped under four higher categories. Five common factors, 「to maintain family」, 「instinct」, 「obligation」, 「what one should do」, 「to make home」 were grouped under〈custom〉. Three factors, 「to tie couple firmly」, 「means to overcome a period of lassitude」, 「token of love」 were grouped under 〈love between couple〉. Four factors, 「hope」, 「to avoid loneliness」, 「wanted to have a baby」, 「to provide for old ages」 were grouped under 〈pursuiting safety〉. Two factors, 「to be a mother」, 「to achieve her desire through baby」 were grouped under 〈self-fulfillment〉. At present, the most distinguishing motivation of childbearing was rooted in the cultural custom. Korean women thought that it was their duties to have children and children were necessary in life. But they were beginning to recognize that baby could tie couple more firmly and get rid of their loneliness. Korean women no longer considered their children as the one who would take care of them when they were old or who would satisfy their unmet needs. As pregnancy is not women's duty only, authors recommend further studies on men's view to pregnancy.

• Journal of Digital Convergence
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• v.12 no.7
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• pp.1-10
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• 2014

In February 2014 Korean Bar Association has amended Professional Ethics Code as to stipulate attorney's duty to protect personal information. While existing Korean law and Professional Ethics Code has made attorney to keep client's confidential information, attorney's newly promulgated obligation has its meaning in that personal information of subject other than client is not protected through confidentiality rules, given that confidentiality obligation is interpreted to protect only client's information relating to representation. Moreover, duty to protect personal information deals with not only disclosure and use of information, which confidentiality rules is about, but also collection and retention process, access to and correction and care of information and even destruction of information. Amid unprecedented theft of personal data in several national banks and other serious leakage reported recently, this paper is going to contemplate the scope and application of the duty to protect personal information with hope to contribute to starting discussion on it.

• International Commerce and Information Review
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• v.11 no.1
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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.

• The Korean Society of Law and Medicine
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• v.14 no.1
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• pp.303-354
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• 2013

In 2012, the major jurisdictions regarding medical cases caused the controversial issues towards medical and legal fields by getting the judgments from the Supreme Court, which admitted the exceptional admissibility on discretionary grant. By regarding the serial negligence of medical organizations as a separate tort, the sentences which made up irrationality, were spoken by the court. As a result, if the treatment was made, which did not follow the entered matters in medical documents attached, the court announced the jurisdiction that presumes the negligence, which provided the evidence of negligence; on the other hand, this gave had the burden to medical branch to take great care for medicinal treatment. To be applicable for the Principle of Trust, the doctors have to give and take the necessary information for the treatment process and symptom decisions, which also commented in the court. Thus, this case made it difficult to apply the Principle of Trust and considered all the conditions as tough ones, which eventually induced lesser faults for patients' care. Moreover, the court confirmed that the medical ads sending the emails to the members belong to the internet portal sites, are not the inducing behavior by considering that the actions are only medical ads. Furthermore, in the case of Namsu Kim, the court's interpretation was rather limited the definition for medical practice that announced limited Erweiterung der Strafbarkeit cases by lower courts. As a consequence, it is very interesting whether the Supreme Court may change their position and concerning the duty of explanation, the trend to expand the contents and scopes for the duty of explanation continues by admitting instruction explanation obligation and all the compensations and so on.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.1
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• pp.57-77
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• 2004

According to the dispostions of 1967 Space Treaty, the contracting states should assume legal obligation to assure an authorization and continuing supervision with regard to the national space activities. Any space activities have to abide by the rules of international law as well as specified obligations set by the Treaty. Among several treaty obligations, International responsibility to be bome by the state, and the liability principles are deemed as major outstanding obligations which the state should takeinto account. While nation's first launch site is to be operational in a few years, korean government should assure that its national space activities, such as launching of space object, operation of satellites, etc. should be under governmental authorization and supervision. A legislative effort would be most desirable undertaking for this regard. Especially a specific legislation needs tobe studied forwith such authorization regime so that international responsibilty and the liability as to thelaunching of space object should be under the regulatory scheme. This study focuses upon the necessity of such legislation and proposes some major items and framework for the legislation

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.133-162
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• 1999

The international sale transaction is in essence a sale of goods and presents all those commercial and legal problems in any sale of goods. As a result, A International sales contract imposes several duties on the parties : the seller must deliver the goods and transfer ownership in them, while the buyer must pay the price and take delivery of the goods. However, there are several problems which impede a active transaction between seller and buyer who have their places of business in other countries each other. Therefore, It is necessary to provide the concept on the conformity of goods in the Int'l Sale of Goods. Especially, In our consideration for the point of time when defects occurs, the existence of non-conformity of goods should be judged on the basis of time of delivery rather than time of contract. Moreover, The burden of proof about nonconformity of goods is another fact which make an international dispute between the contractual parties in an international trade. Thus, The consistency in the interpretation of law must be maintained betweened the warranty and seller's liability. In the Uniform Commercial Code and UN Convention, non-conformity of contract is made of contract liability. And in our civil and commercial law provisions of warranty should be understand as the special ones of the provisions of general non-performance of obligation liability. As a result, More concrete study of them is required because they may have a great influence especially on international trade. As a result, We should be our best in finding a helpful and systematic structure that the dualistic structure of nonperformance of obligation liability and warranty liability must be unified by studying the theories of English and American warranty and our legal system, as well as international practice and usage being used in an international trade.

• The Journal of Korean Institute of Communications and Information Sciences
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• v.31 no.1B
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• pp.46-55
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• 2006

It is only natural, given that the competition environment and policy priorities in the telecommunications market vary from one country to another, that methods for assessing the cost of universal service obligations differ as well. In Korea, with the introduction in 2004 of LRIC for assessing the universal service cost, the national telecommunications authority is preparing for a substantial revision of the current cost assessment method, and discussions on details of changes to be introduced are in full swing. This paper will study estimation methods for universal service costs adopted by countries around the world and compare practices concerning two of the major issues surrounding the assessment of universal service obligation cost - universal service cost ceiling and intangible benefits - to provide directions for changes to be introduced to Korea's own cost estimation model.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.111-132
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• 2014

This paper analyzed the obligations of the parties entering into an international leasing agreements, focusing on the Draft Common Frame of Reference (DCFR) Book IV, Part B. The lessor's obligations are as follows. i) The lessor must deliver goods to the lessee by the due date of delivery so that the lessee can use the goods on the starting date of the lease agreement. ii) The lessor must conform with the contract so that the goods meet the purpose of the contract at the start of the lease agreement and throughout the period of the lease agreement. iii) If the lessee returns the goods upon the termination of the lease agreement, the lessor must cooperate with the lessee. The lessee's obligations are as follows. i) The lessee must pay rent, which is the most critical obligation of the lessee. ii) The lessee must cooperate with the lessor so that the lessor can perform the obligation to deliver the goods and accept the goods of which the lessee shall take control. iii) The lessee shall perform fiduciary duties while it uses and makes profits from the goods, and when the lessor cannot take any measure to protect the object, the lessee must prevent damage. Further, if the lessor pays expenses that are not considered necessary expenses, the lessor may not be reimbursed and must accept the goods after delivery to preserve them. iv) The lessee must give notice to the lessor if there is a possibility that a third party can claim rights to goods or infringe upon the lessor's ownership while using the goods. v) At the end of the lease period, the lessee must return the goods to the lessor.