• Title/Summary/Keyword: The building law

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A Legal and Practical Study on the Main Clauses of a Refund Guarantee in a Shipbuilding Contract (선박수출거래에서 환급보증(Refund Guarantee) 주요 조항의 법적·실무적 고찰)

  • KIM, Sang-Man
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.72
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    • pp.25-55
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    • 2016
  • The Buyer shall demand to the Builder the repayment of the pre-delivery instalments paid in case of the Builder's default under a ship-building contract. The Buyer require a refund guarantee issued by a financial institution for a security for the repayment of the pre-delivery instalments paid. As the title of a refund guarantee, in practice, is various, we should look into the contents or the expressions in a guarantee to decide whether a guarantee is a refund guarantee. A refund guarantee, a sort of independent bank guarantee, has characteristic of abstractness, and is independent from the ship-building contract. A refund guarantee is available against the beneficiary's first written demand and signed statement certifying that the Builder failed to make the refund in accordance with the ship-building contract. The guaranteed amount of a refund guarantee will be automatically increased in accordance with the Builder's receipt of the respective instalment, which is not in the other advance payment guarantee. These characteristics of a refund guarantee are derived from the expressions in a refund guarantee rather than inherent therein. This illustrates that careful attention is required to the contents and expressions of the main clauses in a refund guarantee.

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The Activation Measures of Airport Free Trade Zone for the Building of a Hub of International Logistics (국제물류 허브 구축을 위한 공항 자유무역지역의 활성화 방안)

  • Lee, Kang-Bin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.28
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    • pp.63-88
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    • 2005
  • Korean government is planning to develop the airport and its surrounding area into a Northeast Hub of Asia. In accordance with the Free Trade Zones Act, Incheon International Airport Corporation is in charge of developing the free trade zone which will be located adjacent to the airport cargo terminals. The free trade zone plays an important part for the promotion of international logistics. So the purpose of this paper is to make research on the activation measures of the airport free trade zone for the building of a hub of international logistics. As for the research, this paper reviews the current regulations of the Free Trade Zones Act. Also this paper analyzes recent plans and reports on the free trade zone by Incheon International Airport Corporation and Korean government authorities. As the results of this paper, it will contribute to the activation of the airport free trade zone, and to building Incheon International Airport into the logistics hub of Northeast Asia, and to the inducement of foreigner's investment in the free trade zone.

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Diminishing Procedural Boundaries in International Arbitration

  • Pareek, Abha
    • Journal of Arbitration Studies
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    • v.23 no.4
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    • pp.123-138
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    • 2013
  • The surge of cross border trade and transactions has seen international arbitration fast emerging as the preferred mode of dispute resolution. This phenomenon is especially remarkable in the Asian region. The Singapore International Arbitration Centre ("SIAC") aspires to contribute to this growth as one of the leading arbitral institutions. The objective of this article is to provide an insight into the key features of SIAC Rules. This article has been divided into two parts; the first part discusses how the SIAC Rules are helpful in building bridges in international arbitration between the common law and civil law systems. We have attempted to throw light on how the SIAC Rules may be tailored by the parties to bring about a harmonization in the common law and civil law practices in the conduct of the arbitration proceedings. In the second part of the article, we discuss the two most popular procedures introduced in the SIAC Rules in 2010 i.e. 'Emergency Arbitration' and 'Expedited procedures'. The emergency arbitration provisions enable a party to obtain order(s)/award for urgent interim relief(s) upon commencement of arbitral proceedings but pending the constitution of the main Tribunal. The expedited Procedure provisions give parties the option of having their disputes determined in six (6) months from the date of the constitution of the tribunal.

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A Study on the Improvement Plans of Green Insurance Industry (녹색보험산업의 발전방안에 관한 연구)

  • Han, Nak Hyun;Cho, Sung Woo;Kim, Eun Joo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.57
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    • pp.305-331
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    • 2013
  • The purpose of this study aims to the improvement prospect of green insurance industry in Korea. Green insurance includes all classes of general insurance business including unoccupied property insurance and empty building insurance, business insurance, personal insurance, etc. Green policies often cover expensive systems that are not covered under most property policies. The same is true for some underground property, which is also exempted from many property policies. At least insurers already offer products designed to fund rebuilding damaged properties to meet certain environmental and building standards. While the products are in their infancy, insurers and brokers say the huge interest in environmental issues will increase demand. Green buildings that improve energy efficiency and air quality and reduce waste are designed to reduce their effects on the environment and the health of building occupants. Buildings account for 39% of U.S. carbon dioxide emissions, according to the Department of Energy. Insurers say that, as sustainable buildings become more common, green insurance will become more popular and some of its features might become a standard part of property policies.

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A Study on the Optimal Distance and Heating Energy with relation to Site Planning of Apartment Building (아파트 배치형태에 따른 적정 인동거리와 난방에너지에 대한 연구)

  • Jung, Doo-Woon;Choi, Chang-Ho;Lee, Hyun-Woo
    • Journal of the Korean Solar Energy Society
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    • v.23 no.4
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    • pp.97-107
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    • 2003
  • Recently, the apartment building has been constructed in large quantities to provide housings due to the gravitation of population towards large cities. However, we're faced with a critical problem of deterioration of our dwelling environment caused by the trend toward high-rise apartment which could be an obstruction in obtaining sufficient sunlight. Therefore, there have been several legislative actions against infringement on the right of sunshine. In the building law, sunshine hours and the minimal separated distance between apartments are regulated as the criteria for the site planning, However, the minimal separated distance was defined without consideration of the parameters like building orientation and thermal effect of the sunshine hours in the site planning for the apartment building. In this study, the sunshine hours and heating energy during the underheated season for various arrangements in site planning are carefully considered and analyzed.

A Study on the Laws of Building Service System Construction (건축설비 관련법규 개선방안 연구)

  • 박종일;김세환
    • Korean Journal of Air-Conditioning and Refrigeration Engineering
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    • v.15 no.1
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    • pp.67-72
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    • 2003
  • The aim of this paper is to investigate the laws of building service system among the laws of construction and to show alternative proposals against the problems. The result of this paper is to simplify the construction laws which will reduce construction administration complexity and to increase productivity of construction works. Among the construction laws, we must revise mechanical engineers' role because of increasing mechanical system's importance than before. Through this study the author will show the improvement of building service system technology and the quality of construction industry.