• Title/Summary/Keyword: Obligations

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A Study on the Security related Obligations of Contracting Party under the Incoterms(R) 2010 Rules (Incoterms(R) 2010상 수출입 당사자의 보안관련 의무에 관한 연구)

  • Yang, Jung-Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.54
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    • pp.45-80
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    • 2012
  • Since the 9.11 terror attack, the event which caused supply chain disruption, supply chain security has become more important than ever before. With this as a momentum, a customs supply chain security paradigm emerged intended to guarantee secure flow of cargo across boarder. Under this circumstances Incoterms(R) 2010 rules have allocated obligations between the buyer and seller to obtain or to render assistances in obtaining security clearances. Thus, security related obligations such as providing advance manifest information is the mandatory requirements for any export and import. The impact on the seller and buyer of security related obligations under the Incoterms(R) 2010 rules environment is obvious. Assistance to provide the security information in advance has become indispensable obligations to the seller and buyer. As such assistances is at the cost and risk of the party responsible for the clearances of the goods, the choice of recognised partner and compliance with the relevant security program, in order to enjoy the relevant benefits, becomes paramount.

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A Study on Problems and Implication of Obligations and Responsibilities in Electronic Funds Transfer -Focused on the UCC and the UNCITRAL Model Law- (전자자금이체상의 당사자의 권리와 의무상의 문제점 및 시사점 -UCC와 UNCITRAL Model Law 중심으로-)

  • Kim, Jong-Chill;Lee, Byeong-Ryul
    • International Commerce and Information Review
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    • v.6 no.2
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    • pp.339-358
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    • 2004
  • This article discusses the critical issues on obligations and responsibilities in electronic funds transfer(EFT) between Article 4A of the UCC and the Model Law on International Credit Transfers of UNCITRAL. The electronic fund transfers begin with the issue of the payment order by the originator to the receiving bank for the beneficiary. All obligations and responsibilities of parties concerned occur when the receiving bank accept the originator's payment order to executes. So far, some the most compelling studies have focused on the legal obligations and responsibilities of electronic fund transfer in Korea. Therefore, In this paper, we would like to examine some problems of obligations and responsibilities in electronic fund transfer from Article 4A of UCC and the Model Law on International Credit Transfers of UNCITRAL. And also we present some Implications to reform EFT Law for the efficient application.

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Reviews on the Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area (심해저활동에 대한 보증국의 의무와 책임에 관한 고찰)

  • Lee, Yong-Hee
    • Ocean and Polar Research
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    • v.33 no.4
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    • pp.485-495
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    • 2011
  • On February 11, 2011, upon request of the International Seabed Authority, 'the Seabed Dispute Chamber of the International Tribunal for the Law of the Sea(henceforth Chamber)' rendered its advisory opinion on the responsibilities and obligations of States sponsoring persons and entities with respect to activities in the Area. The advisory opinion covered three questions: What are the legal responsibilities and obligations of the sponsoring states with respect to the sponsorship of activities in the Area? What is the extent of liability of a State Party for any failure to comply with the LOS Convention and relevant instruments? What are the necessary and appropriate measures that a sponsoring State must take in order to fulfil its responsibilities? In particular, the Chamber delivered its opinion on the different responsibilities and obligations of developed and developing sponsoring states. This paper reviews the above three questions through analyzing the advisory opinion and makes some recommendations for the fulfillment of the responsibilities and obligations of Korea as a sponsoring states.

A Study on the Recent Cases of Buyer's Fundamental Breach (국제물품매매에서 매수인의 본질적 계약위반에 관한 최근의 사례 고찰)

  • Ha, Kang-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.55
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    • pp.95-124
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    • 2012
  • Referring to Buyer's obligations, the Buyer must pay the price for the goods and take delivery of them as required by the contract. There are vital importances to the Buyer's Fundamental Breach. The legal effects of a breach of contract do not depend on the nature of the obligation broken, but on the consequences of the breach the detriment to the other party. The obligations mentioned to Article 53 are primary obligations which are to be fulfilled in the normal performance of the contract. They include a number of different acts which could be seen as the subject-matter of different obligations. CISG gives further details for the payment of the price in Articles 54 to 59 and for taking delivery in Article 60. The buyer has to take delivery at the respective place within a reasonable period after this communication since he cannot be required to take delivery immediately. Refusing to take delivery in case of delay not constituting a ground for avoiding the contract makes no sense, since this would lead to even later delivery. For the understanding of Buyer's Fundamental Breach, We need to search the Cases referring to the breach of buyer's main obligations.

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EC's Recent Developments of Legal Regime in Governing Law for Marine Insurance Contracts (유럽연합 법제상 해상보험계약의 준거법에 관한 연구)

  • Lee, Ju-Young;Park, Won-Hyung
    • The Journal of Fisheries Business Administration
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    • v.43 no.1
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    • pp.63-74
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    • 2012
  • The Korean Conflict of Laws Act recently incorporated much of the European Union's recent revision in "EC Convention on the Law Applicable to Contractual Obligations (Rome 1980)"(hereinafter Rome Convention). With the revision of Rome Convention applied to contractual obligations,"Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)"(hereinafter Rome I) has taken effect on December 2009. Before the effectivation of Rome I, "Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)"(hereinafter Rome II) has come into effect on January 2009. This means the revision of certain rules and its practical implications need an in-depth study on governing law rules under Rome I which provides newly effected governing laws applicable to contractual obligations. Moreover, uniform choice of law rules on non-contractual obligations needs to focus especially on marine insurance contract. Where policy assignment and subrogation causes, how to decide the governing law which will be applied to the insurer as a third party? This article attempts to analyze emerging legal issues in legal regimes determining choice of law, especially those in international marine insurance contracts. This will help Korean practitioners to be dialed in legal affairs under English Law as the governing law in their contracts.

An Empirical Study on the Obligations of Contractual Parties for Successful IT Outsourcing (성공적인 IT 아웃소싱을 위한 계약당사자간 책임 요소에 대한 실증 연구)

  • Kim, Young-Gon
    • Journal of the Korean Society for information Management
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    • v.24 no.3
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    • pp.21-41
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    • 2007
  • IT outsourcing has become a critical component of organizations, but improper expectations, ambiguous contracts and unclear goals frequently cause the failure of IT outsourcing. Especially we have to be concerned about the uncareful management of customer-supplier relationships based on a psychological contract perspective. This study focuses on the obligations of contractual parties for IT outsourcing which influence the outsourcing relationship(OR) and the successful performance of IT outsourcing(OP). The supplier obligations consist of the achievable infrastructure(S1) and capability(S2), and the customer obligations is composed of the acceptable environment(C1) and acceptability(C2) for IT outsourcing. This paper shows that the S1, S2, and C2 have an effect on the OR, the OR on the OP, and the S2 also on the OP directly. The four components of customer-supplier obligations are mutually related to each other. What is more, we must notice that the S2 has strong connections with the C2.

The Scope of Potential Duties for Environment Protection in the Regulation on the Exploitation for Polymetalic Nodules in the Area (심해저 망간단괴 생산규칙의 잠재적 환경보호 의무 범위에 관한 연구)

  • Kim, Jung-Eun;Park, Seong-Wook
    • Ocean and Polar Research
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    • v.37 no.1
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    • pp.81-90
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    • 2015
  • International Seabed Authority (ISA) is currently developing rules with regard to exploitation of manganese nodules which will be contained in its first regulations governing the exploitation of deep seabed mineral resources. A stakeholder survey was conducted in the early 2014 by ISA with the aim of facilitating participation of interested entities in the development process of the rules. The stakeholders who had replied to the survey included existing contractors, sponsoring States, environmentalists, academics, and nongovernmental organizations. Opinions given by them largely reflect their own interests. This paper aims to clarify the scope of the obligations regarding the environmental protection which may be imposed on contractors under the new regulations for the exploitation of manganese nodules. To do so, it first analyses the express provisions on environmental protection applicable to deep seabed mining included in the Law of the Sea Convention, its agreement on implementation of Part XI, and the regulations on exploration for manganese nodules. Secondly, it categorizes these obligations based on the categories of international obligations suggested by Combacau and Alland. Based on the categorizations this paper concludes that, in addition to the existing duties to protect deep seabed environment within the Law of the Sea Convention system, the following new obligations could be added: conservation of exploitation sites for a limited time after the contract is ceased; taking all necessary measures for rehabilitation of destroyed ecosystems that occurredas a result of mining activities; monitoring exploitation sites for a limited period time after the contract is ceased; observing rules and standards on safety of ships and environmental protection adopted under IMO instruments; regulation on the discharge of mine tailings from the facilities used for exploitation of deep sea minerals. Lastly, this paper attempts to provide ways of reflecting national interests in terms of potential obligations which may be included in the new regulations.

Analysis of the Leading Cases of Nurses charged with Involuntary Manslaughter (간호사 업무상과실치사상죄 판례분석)

  • Song, Sung Sook;Kim, Eun Joo
    • Journal of muscle and joint health
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    • v.28 no.1
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    • pp.30-40
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    • 2021
  • Purpose: This study aims to present nurses' legal conflicts and legal basis through the precedent analysis of a crime of professional negligence resulting in death and injury for the past 20 years and provide vital references to cultivate the correct and high-level legal consciousness of nurses. Methods: This study was conducted in five stages of the systematic content analysis method. It amalyses the precedents of a crime of nurses' professional negligence resulting in death and injury from 2000 to 2020. The application system for the provision of the written judgment was used to collect precedents. A total of 67 cases were analyzed in this study, and they were classified according to the type of nursing error, and the contents were systematically analyzed. Results: A total of 52 cases (77.5%) of nursing errors were caused by independent nursing practices. They were classified as 38 cases (A1) in the violation of patient supervision obligations, 12 cases in the violation of progress observation obligations (A2), one case in the violation of medical equipment inspection obligations (A3), and one case in the violation of explanation and verification obligations. Among the non-independent nursing practices (code B), B1 was 10 cases related to administrative acts, one blood transfusion accident (B2), and one anesthesia accident (B3). Conclusion: To prevent nurses from being involved in legal confits, the advocation of systematic training such as nurses' legal obligations and judgment grounds through case-based learning from the recent precedent analysis and promote nurses' legal perspective, and preventive activities are essential.

A Review of Arbitrator Disclosure Obligations in Korea through the Oilhub Case

  • Kim, Joongi
    • Journal of Arbitration Studies
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    • v.30 no.3
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    • pp.115-136
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    • 2020
  • This article provides an overview of the state of affairs of arbitrator disclosure obligations in Korea. It shows how Korean courts will analyze arbitrator conflicts and obligations through an evaluation of Supreme Court judgments and a case-specific analysis of the recent Oilhub case and provides a comparative perspective through a review of recent Japanese case law. Although limited to domestic arbitrations, it assesses the various grounds that courts consider when determining impermissible arbitrator conflicts based on relations with parties and when an award might be set aside as a result. With the 2016 adoption of the KCAB Code of Ethics for Arbitrators and its rigorous standards, great clarity has been brought to the landscape. The Code of Ethics marks a significant milestone in enhancing the robustness of arbitrator disclosures and guaranteeing the fairness, integrity, and transparency of Korean arbitration practice and law.

A Study on the Obligations and Liabilities of Advising Bank in UCP 600 (UCP 600에서 통지은행의 의무 및 책임에 관한 연구)

  • Park, Suk-Jae
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.47
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    • pp.107-127
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    • 2010
  • This work intends to study the obligations and liabilities of advising bank in UCP 600. An advising bank has two big obligations as follows : by advising the credit or amendment, the advising bank signifies that it has satisfied itself as to the apparent authenticity of the credit or amendment and that the advice accurately reflects the terms and conditions of the credit or amendment received. An advising bank may utilize the services of another bank("second advising bank") to advise the credit and any amendment to the beneficiary. If a bank is requested to advise a credit or amendment but elects not to do so, it must so inform, without delay, the bank from which the credit, amendment or advice has been received. An advising bank has some problems in connection with the delay of advice and the advice of forged letter of credit.

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