• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.11
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• pp.251-278
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• 1998

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.11
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• pp.59-102
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• 1998

• Convergence Security Journal
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• v.13 no.5
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• pp.129-135
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• 2013

The revised security industry law revised 17 provisions among 31 provisions in order to root out the violent event. The main contents of the revised security industry law is the intensitfication of the required condition of permission, intensitfication of the obligation, management strengthening of the public resentment of group field, official, reason of expansion of the expenses instructor and guard, dress and equipment, vehicle, intensitfication of the managing director, intensitfication of the punishment, and etc. However, there is the problem including the putting under an obligation of the arrangement new appointment education, cause provider punishment of the service company violence, awareness of the police to the security company, excessive regulation, intensification of punishment problem, supervision power intensitfication of the revised security industry law is excessive the police, and etc. The individual responsibility education completion method and public resentment of group field in addition to is thought in order to solve this that exclusion of the prior education obligation, revision of the security industry law, burden on tax payers of the extra charge, punishment of the violence request contract trader, introduction of the guard qualification certificate system, and etc. are needed.

• The Korean Society of Law and Medicine
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• v.12 no.1
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• pp.257-285
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• 2011

This thesis has studied about the legal characteristic of injection of the trial drug, the position of the pharmaceutical firm as a contractor of the clinical trial, the possibility of compulsory performance of consistent injection of the trial drug, and the damage claim caused in the process of the clinical trial from the viewpoint of protecting the trial subject in the clinical trial. According to court's judgement in the United States, the lawsuit of the trial subject, although the trial subject had expected consistent injections, was dismissed because there was no direct contract between pharmaceutical and trial subject. However, Helsinki Declaration prescribe the medical research as follows. 'All patients who participated in the research should be able to use the best precaution, diagnosis, and treatment proved by the final outcome of the research'. The trial subject is entitled to demand only the pharmaceutical firm which developed and provided the trial drug, and the pharmaceutical firm has the obligation to supply the trial drug to the trial subject. Therefore, it would be not enough to protect the trial subject if the pharmaceutical firm which makes the trial drug is ruled out. In addition, especially, in case the trial drug has a constant effect with the aim of treatment, if the injection of the trial drug is suddenly stopped, the trial subject would not have the benefit of treatment by the trial drug. In this case, the best remedy against the damage is to urge a constant injection of the trial drug. Thus, in certain case, it is reasonable to consider that the pharmaceutical firm has the obligation to supply the trial drug to the trial subject constantly, and it is also necessary to compel it through effective means in case the pharmaceutical firm do not fulfill its obligation to supply the trial drug. However, as an essential prerequisite for the assertion mentioned above, it should be judged under the principle of good faith considering the concrete situation, that is, what roles the pharmaceutical firm has played.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.70
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• pp.39-65
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• 2016

On 2013 the English court delivered a decision that the payment obligation under time charter party is a condition. According to this judgement, The Astra, a breach of the obligation to pay hire on time entitles the owner both to withdraw the ship and sue the charterers for damages for the difference between the contract and market rate for the remainder of the contracted period. On 2015, however, the English court stood at the other side. In Spar Shipping, the court confirmed that the obligation to pay hire is not a condition of the contract but an "innominate term" - from the charterers' breach ship owners can exercise their contractual right to withdraw, but owners' right to sue for damages depends on whether the charterers have deprived the owners of the substantial benefit of the contract, or shown an intention to do so. This article aims to compare both decisions over the points that (1) the importance of on-time payment under a time charter party, (2) as a critical and main question in this article, whether the mattered payment clause is a condition or innominate term, (3) whether the on-time payment clause is merely a penalty or a reasonable liquidated damage. Based on various reasons, I am on a position that the payment of hire is not a condition but an innominate term. Default in punctual payment by a charterer, in the absent of clear contractual agreement, needs to be decided further whether that breach removes the substantial benefit of the contract from the owners.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.72
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• pp.1-24
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• 2016

This study focused on getting clear understanding on the legal bases in terms of plurality of obligors and plurality of obligees through a analysis the PICC(2010) which has been standing firmly as the general principles of international commercial contract. Related to the title of this paper, PICC are dealing with not only plurality of obligors but plurality of obligees. The contents of the former are as follows; presumption of joint and several obligations and obligee's rights against joint and several obligors (arts.11.1.1, 11.1.2, 11.1.3), availability of defences and rights of set-off and effect of performance and set-off (arts.11.1.4, 11.1.5), effect of release or settlement and effect of expiration or suspension of limitation period (arts.11.1.6, 11.1.7), effect of judgment (art.11.1.8), apportionment among joint and several obligors and extent of contributory claim (arts.11.1.9, 11.1.10), rights of the obligee, defences in contributory claims, inability to recover (arts.11.1.11, 11.1.12, 11.1.13) and so on. On the other hand the contents of the latter are as follows; definitions (art.11.2.1), effects of joint and several claims (art.11.1.2), availability of defences against joint and several obligees (art.11.2.3), allocation between joint and several obligees (art.11.1.4). The main subjects are one is when several obligors are bound by the same obligation towards an obligee, the obligations are joint and several when each obligor is bound for the whole obligation, the obligations are separate when each obligor is bound only for its share and the other is when several obligees can claim performance of the same obligation from an obligor, the claims are separate when each obligee can only claim its share, the claims are joint and several when each obligee can claim the whole performance and the claims are joint when all obligees have to claim performance together.

• Journal of Family Resource Management and Policy Review
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• v.16 no.4
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• pp.23-44
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• 2012

The purpose of this study is to examine the preference for living with adult children of the baby-boomer generation and the elderly based on independent variables such as demographic characteristics, the values of their children and the consciousness for supporting their parents. The National Survey of Korean Families was done by the Ministry of Equality and Family in 2010. Respondents were 664 baby boomers and 628 elderly, and the results are as follows. First, the baby boomers rely heavily on their spouse, whereas the elderly rely heavily on their children. While both groups desire to live with their spouse in their later years, and the elderly rely the most on their children, they are reluctant to live together. This result shows that the elderly have high expectations for financial and emotional support from their children, but in reality, the elderly have lower expectations for living together and they prefer to live alone or with their spouse. Second, the boomers, who for the most part live in big cities, have comparatively high average monthly income and jobs and own a house, consider filial obligation as their own responsibility and yet tend to live independently. The boomers, who have a relatively high education level, consider living with aged parents as the children's obligation and consider their children as the most reliable people in their lives, and thus have high expectations to live together with their children. Third, the elderly, with a spouse, who consider having raised children to be their happiness, while considering providing financial support for the aging parents to be the children's responsibility, at the same time accept that the obligation of support lies on themselves, the government or the society, and thus have lower expectations of living with their children in later years. The elderly, now living with their family, with generous financial plans for their aging years and considering the children's success as their own success, have higher expectations of living together with their children.

• Journal of Digital Convergence
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• v.18 no.4
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• pp.149-161
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• 2020

This paper aims to explore the question of whether the environment in Korea where credit card use is prevalent affects the intention to accept Fintech-based mobile payment. The institution that encourages the credit card use such as credit card receipt obligation may lead to the lock-in and build infrastructures to influence the acceptance of new payment acceptance. This paper investigates how the perceived of use, usefulness, accessibility and stability affect the intention to use mobile payment based on the Technology Acceptance Model(TAM) model with the mediator of lock-in and moderator of credit card receipt obligation. In the results, we found that the perceived usefulness, perceived ease of use and accessibility positively impact on the intention of mobile payment usages. It is also observed that the usefulness and accessibility of credit cards positively mediate to the intention of mobile payment use.

• Korean Journal of Labor Studies
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• v.24 no.1
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• pp.197-227
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• 2018

This article aims to analyze some conditions for the reinforcing social security rights of atypical construction workers, and their socio-economical effects, and furthermore, to explore political measures for compliance with obligation of the four basic social insurances. Although the construction industry is one of the pivotal industry sectors, which contributes to the economic development, it is a typical industry sector, half of whose manpower is atypical and irregular. This kind of reality results especially from its own sectoral features and employment structure. We will argue that our society needs political measures for compliance with obligation of the basic social insurances for the construction workers, and it would help the reinforcing social safety net of the precarious construction workers, and furthermore enhancing competition in the construction industry. For this purpose, we will suggest concrete conditions for compliance with obligation of the basic social insurances and prove its positive socio-economic effects. In the end, we will propose some detailed measures like direct construction, introduction of the prevailing wage, etc. for this politic approach.

• International Commerce and Information Review
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• v.13 no.3
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• pp.459-485
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• 2011

This paper examines the seller's obligation to deliver documents conforming to the terms of the sales contract as set forth in articles 30 and 34 of the CISG. Article 30 obliges the seller to band over documents relating to the goods. This obligation to band over documents is further elaborated in article 34. According to article 34, the documents must be tendered at the time and place, and in the form, required by the contract. If the seller has delivered non-conforming documents before the agreed time, he has the right to remedy the defects if this would not cause the buyer unreasonable inconvenience or expense. However, the buyer can claim any damages suffered despite the seller's remedy. Specific emphasis is placed on the interplay between the CISG and Incoterms. Incoterms contain detailed rules governing the obligations of the seller to provide for documents. Incoterms constitute international trade usage under articles 9(1) and 9(2) CISG and supplement construction of CISG with UCP under L/C transaction. In the event of failure by seller to deliver the necessary documents, the buyer has certain remedies available, such as the right to claim damages, the right to demand specific performance, and the right to repair. Furthermore, the failure to deliver the required documents under contract constitute a fundamental breach of the underlying sales contract as defined by article 25 of the CISG by the seller, and thereby enable the buyer to avoid the contract entirely article 49. However, it is stressed that since one of the main principles of the CISG is the preservation of the contract, the avoidance of the contract should remain a remedy of last resort.