• 무역상무연구
• /
• 제49권
• /
• pp.139-164
• /
• 2011

Traditionally courts have been adopted over the years two standards of dealing with compliance of documents such as strict compliance and substantial compliance and the substantial compliance, which was somewhat less demanding than the strict compliance. However the new guidelines of ICC's international standard banking practice for the examination of documents under documentary credits set up how the UCP is to be applied in practice. The payment obligations of an issuing bank to a beneficiary are independence of the performance or the nonperformance of any contract underlying the letter of credit. However, strictly applying the principle of independence and abstraction could produce unfair results by operating unjustly enrich an unscrupulous beneficiary in case of fraud. Accordingly, when a beneficiary presents complying documents, the issuing bank is bound to honour the presentation unless the fraud rule applies on the facts of the case such as forged or material fraud. If it does, the issuing bank(issuer) needs not pay despite the complying presentation of documents by the beneficiary under the Uniform Commercial Code Article 5-109 and case law in America. However the fraud rule was not addressed in UCP 600. In conclusion, view in terms of legal principle and the court cases is variable and difficult to honour or dishonour the presentation in case of application of the independence principle and fraud rule such as the problems on burden of proof timely, possibility of granting injunction in order to protect against victim for bona fide applicant.

• 무역상무연구
• /
• 제39권
• /
• pp.251-280
• /
• 2008

A party to the charter will not be able to rely upon the doctrine of frustration if an event which makes further performance impossible has been caused by his breach of the charter. Strictly speaking, this is not a situation of frustration at all but rather a case of discharge of the contract by breach. In the Sea Angel case, the defendant entered into a Lloyd's Standard Form of Salvage Agreement with owners of the casualty on the LOF 2000 form, incorporating the SCOPIC clause. The time charter was on the terms of the Shelltime 4 form. This case the trial of the action brought by the claimants owners of the vessel Sea Angel claiming outstanding hire from the defendant charterers. This Case was issued whether charterparty frustrated by refusal of port authorities to issue "No Demand Certificate" allowing port clearance pending payment of oil spillage clean-up costs. The court concluded that no attempt had yet been made to invoke the assistance of the Pakistani court to obtain the release of the vessel. There was not so radical or fundamental a change in the obligation assumed by defendant as to establish frustration. The purpose of this study aims to analyse frustration and time charter in the Sea Angel case.

• 무역상무연구
• /
• 제71권
• /
• pp.59-84
• /
• 2016

Among various export financing, Receivable Assignment is very important. Various countries make use of this method. But Korean law system have shortage of legal structure. This paper looks into Receivable Assignment relation to legal structure. And this paper analyze not only detail Korean civil law system about bond and receivable but also comparative other civil law system. Especially, Korean civil law of bond compare Germany civil law of bond or Japanese civil law of bond. In the context, This paper compares Korean civil law system about bond with International standard rule about bond. For example, It is UN convention on the Assignment of Receivables in International Trade and Principles of International Commercial Contract(PICC). This is good for the commercial party in terms of financing and receivable assignment. Thus this paper will establish Korean legal system direction. There are argument on method of making article and modifing article. The purposes of this paper is to examine revitalizing of Receivable Assignment. And this paper deals with improvement of International Commercial Activation.

• 국제학술발표논문집
• /
• The 7th International Conference on Construction Engineering and Project Management Summit Forum on Sustainable Construction and Management
• /
• pp.153-158
• /
• 2017

Procurement system of public construction projects in Japan is changing with diversity in rapid pace. The quality assurance and risk management of construction projects should be more certain as the projects are turning into larger scale and more complexed. The clients in the public sector will want to make the relation of responsibility among the client, the designer (architects and engineers), and contractor clearer in terms of role and risk. Public-Private Partnership (PPP) is one of the methods for collaboration of the public sector and the private sector in public construction projects where the public utilizes the ability and suggestion of the private. Private Finance Initiative (PFI), Design-Build-Operate (DBO), market testing, designated manager system, outsourcing of tasks in local governments are well-known as examples of PPP in Japan. Indeed, there is an obvious trend that Design-Build (DB) is adopted in public construction projects in many countries including Japan. In this paper, the public construction projects in various procurement systems are surveyed and analyzed. They are not limited within the traditional procurement, Design-bid-Build, a separate order system of design and construction. Design-Build or PFI are adopted. In particular, contract by wide range including maintenance of equipment can be found. On the other hand, modification from originally typical PFI is taking place, such as concept design and project finance are removed from the roles and the tasks of the special purpose company (SPC) in PFI. Standard roles and tasks in a construction project are modeled in this paper.

• 조명전기설비학회논문지
• /
• 제24권8호
• /
• pp.15-20
• /
• 2010

전력용변압기 용량을 산정하는데 있어서 수용률 및 부등률, 단위세대의 표준 부하용량은 매우 중요한 기준이다. 본 연구에서는 60[$m^2$] 이하의 임대아파트를 대상으로 각 수용가의 계약전력과 최근 5년 동안의 최대전력을 조사하였다. 조사된 자료의 전체 특징과 중심적인 경향을 알아 보기 위해서 평균값 등의 특징 파라미터를 분석하였고, 회귀분석을 통하여 그 경향을 분석하였다. 모든 단지가 전력용변압기의 여유가 많은 것을 확인하였고, 적정용량 산정을 위한 부등률 기준을 제안하였다.

• 한국콘텐츠학회:학술대회논문집
• /
• 한국콘텐츠학회 2004년도 추계 종합학술대회 논문집
• /
• pp.240-243
• /
• 2004

"전자무역플랫폼(e-trade Platform)"은 최신의 정보기술을 활용하여 무역업체가 시장조사에서 계약, 상역, 외환, 통관, 물류, 결제까지 모든 무역업무프로세스를 단절 없이(Seamless) 처리할 수 있는 단일창구(Single Window)를 제공하며, 무역업체의 정보화 수준에 따라 다양한 서비스 및 인프라에 대한 연계방식(Interface)을 제공함으로써 대기업뿐만 아니라 중소기업도 무역관련 유관기관 및 정부, 나아가서는 글로벌 연계까지 가능케 하는 전자무역서비스와 이를 연계하여 통합된 환경을 제공하는 전자무역인프라 (전자무역문서 보관소, 전자무역 중계시스템, 전자무역 표준저장소)를 총칭한다.

• Architectural research
• /
• 제22권2호
• /
• pp.63-73
• /
• 2020

This paper reports problems of current working environment on construction site in South Korea from a female laborers' point of view and proposes solutions to improve the environment. To investigate and analyze the problems, a questionnaire survey and a focus group interview were conducted with 341 engineers and 557 laborers. Among them female engineers and female laborers were 51 and 136 respectively. Findings are the facilities related with welfare facilities such as lavatories, shower rooms, lounges and changing room, etc. for women were not sufficient and even not installed only for women because all of the planners for the facilities were men and The Standard of Estimate does not consider gender distinction. The data on the trade and the number of female laborers were not recorded and this study confirmed the number and the proportion of female laborers according to construction progress i.e. the proportion of female laborers were 0% ~ 11% (average 6%) at 26 construction sites having 2% ~ 92 % construction progress. In order to solve these problems, gender education for the welfare facility planner is required and the current Standard of Estimate should be revised considering female laborers after collecting the site data for the number of female laborers according progress and the increase in the construction cost should be reflected in the contract amount accordingly. Conclusively temporary work planning related with welfare facilities should be established and conducted in terms of gender equality at construction sites. In addition, improving working environment on construction sites for female laborers will enhance the company's image and also helping solve the labor shortage problem by women laborers engaging in construction industry easily.

• 대한영양사협회학술지
• /
• 제21권2호
• /
• pp.140-153
• /
• 2015

Considering the importance of institutional foodservice in modern dietary life and its influence on the environment, sustainable development in institutional foodservice industry carries great significance. The current study was conducted to investigate dietitians' perceptions of sustainable business-and-industry foodservice and their intentions to perform sustainable practices by applying a mixed methodology. For the quantitative study, an online survey was conducted on 362 dietitians who had worked at a contact foodservice company for more than 1 year. The survey was performed from December 15th, 2011 to January 30th, 2012, and 202 responses were used for the analysis. For the qualitative a study, a focus group interview was conducted during May, 2012 with representative employees of the company. According to the results, dietitians seemed to be unfamiliar with the terms "sustainability" or "sustainable development," whereas they understood related contents and practices. Dietitians' awareness and perceived need in terms of sustainable business-and-industry foodservice were not significantly different across general characteristics. Dietitians seemed to be highly aware of the impacts of business-and-industry foodservice on economy, whereas they appeared to lack understanding of its impacts on society and environment. Cost increase and levy on work in daily operations were considered as main obstacles hampering dietitians' intentions to perform sustainable practices. A total of 88.1% of responding dietitians expected that the meal price at a sustainable business-and-industry foodservice should be higher than the supposed standard price of 4,000 won, with an average reaching 5,270 won. Findings from this study could be used as baseline information for vitalizing sustainable business-and-industry foodservice in Korea.

• 산업노동연구
• /
• 제19권1호
• /
• pp.213-260
• /
• 2013

본 연구는 비정규직의 규모가 점진적으로 감소하고 있는 브라질의 비정규노동현황과 그 요인들을 통해 우리나라에 대한 시사점을 찾고자 하였다. 브라질 비정규직의 감소원인을 종합적으로 파악하기 위해 문헌과 통계청 자료를 확인하고, 구체적인 실태파악을 위해 상파울로 주에 있는 6개 제조업에 대한 사례조사를 실시하였다. 문헌연구결과, 비정규관련 노동법 조항과 제도들은 비정규직의 제한적 활용에 기여하는 것으로 나타났다. 브라질의 노동법은 고용형태가 다르더라도 비정규노동자를 임시적인 목적으로만 고용할 수 있도록 다양한 측면에서 규정하고 있으며 동일노동 동일임금 및 최저임금제도가 정규직과 비정규직의 임금차별을 완화하여, 결과적으로 사용자의 비정규활용 동기를 감소시키는 것으로 해석되었다. 또 노동검찰과 노동법원은 위법적인 비정규활용을 엄격하게 감시하는 역할을 통해 법적 테두리를 넘어서는 비정규고용을 억제하고 있었다. 사례조사결과, 대부분의 기업에서 비정규직은 임시적인 형태로만 고용되어 있었으며 다수의 사례기업에서 비정규직의 정규직화가 이루어지고 있음을 확인하였다. 이러한 비정규고용에 대한 법적 제한과 정규직화는 노조의 정치적 영향력 확대와도 밀접하게 관련되어 있었다. 브라질의 사례는 우리에게도 적지 않은 시사점을 제공할 수 있을 것으로 기대되었고, 이를 연구의 결론에서 토론하였다.

• 무역상무연구
• /
• 제12권
• /
• pp.429-460
• /
• 1999

The letter of credit is quintessentially international. In the absence of international legal system, a private system based on banking practices has evolved, commanding the adherence of the international letter of credit community and providing the foundation of th reputation of this instrument. To maintain this international system, it is vital that international standard banking practice should not be subject to local interpretations that misconstrue or distort it. The UCP is a formulation of international standard banking practice. It is neither positive law nor a "contract term" in any traditional sense and its interpretation must be consonant with its character as a living repositary of international understanding in this field. As a result, the interpretation and application of specific articles of the UCP must be consistent with its evolving character and history and with the principles upon which sound letter of credit practice is predicated. This study, especially, focuses on article 13 and article 14 of the UCP500. Article 13(b) of UCP500 stipulates that banks will have a reasonable time, not to exceed seven days, to examine documents to determine whether they comply facially with the terms of the credit. The seven-day provision is not designed as a safe harbor, because the rule requires the issuer to act within a reasonable time. But, by virtue of the deletion of the preclusion rule in the document examination article in UCP500, however, seven days may evolve as something of a safe harbor, especially for banks that engage in strategic behavior. True, under UCP500 banks are supposed to examine documents within a reasonable time, but there are no consequences in UCP500 for a bank's violation of that duty. It is only in the next provision. Courts might read the preclusion more broadly than the literal reading mentioned here or might fashion a common-law preclusion rule that does not require a showing of detriment. Absent that kind of development, the change in the preclusion rule could have adverse effects on the beneficiary. The penalty, strict estoppel or strict preclusion, under UCP500 and 95UCC differs from the classic estoppel. The classic estoppel rule requires a beneficiary to show three elements. 1. conduct on the part of the issuer that leads the beneficiary to believe that nonconforming documents do conform; 2. reasonable reliance by the beneficiary; and 3. detriment from that reliance. But stict preclusion rule needs not detrimental reliance. This strict estoppel rule is quite strict, and some see it as a fitting pro-beneficiary rule to counterbalance the usually pro-issuer rule of strict compliance.