• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.24
• /
• pp.25-49
• /
• 2004

English contract law has traditionally taken the view that it is not the duty of the parties to a contract to give information voluntarily to each other. In English law, one of the principal distinctions between insurance contract law and general contract law is the existence of the duty of disclosure in insurance law. This article is, therefore, designed to analyse the scope or extent of the duty of disclosure and the remedy for breach of the duty in English marine insurance law. The main purpose of this article is also to seek the alternative remedy for the breach. The results of analysis are as following : First, the scope of the duty of disclosure is closely related to the test of materiality and the concept of a hypothetical prudent insurer. The assured is required to disclose only material circumstances subject to MIA 1906, s. 18(1). The test of materiality, which had caused a great deal of debate in English courts over 30 years, was finally settled by the House of Lords in Pan Atlantic and the House of Lords rejected the 'decisive influence' test and the 'increased risk' test, and the decision of the House of Lords is thought to accept the 'mere influence' test in subsequent case by the Court of Appeal. Secondly, an actual insurer is, in order to avoid contract, required to provide proof that he is induced to enter into the contract by reason of the non-disclosure of the assured. But this subjective test of actual inducement is somewhat meaningless in sense that English court takes the test of materiality as a starting point and assumes the presumption of inducement even in case of no clear proof on the inducement. Finally, MIA 1906, s. 18 provides expressly for the remedy of avoidance of the contract for breach of the duty of disclosure. This means rescission or retrospective avoidance of the entire contract, and the remedy is based upon a fairly crude 'all-or-nothing' approach. The remedy of rescission is too draconian from the point of view of the assured, because he can be deprived of all cover despite he is innocent perfectly. An inadvertent breach from an innocent mistake is as fatal as wilful concealment. What is, therefore, needed in English marine insurance law with respect to remedy for the breach is to introduce a more sophisticated or proportionate remedy ascertaining degrees of fault.

• Phonetics and Speech Sciences
• /
• v.15 no.3
• /
• pp.83-88
• /
• 2023

This study investigates the fine-tuning of large-scale Automatic Speech Recognition (ASR) models, specifically OpenAI's Whisper model, for domain-specific applications using the KsponSpeech dataset. The primary research questions address the effectiveness of targeted lexical item emphasis during fine-tuning, its impact on domain-specific performance, and whether the fine-tuned model can maintain generalization capabilities across different languages and environments. Experiments were conducted using two fine-tuning datasets: Set A, a small subset emphasizing specific lexical items, and Set B, consisting of the entire KsponSpeech dataset. Results showed that fine-tuning with targeted lexical items increased recognition accuracy and improved domain-specific performance, with generalization capabilities maintained when fine-tuned with a smaller dataset. For noisier environments, a trade-off between specificity and generalization capabilities was observed. This study highlights the potential of fine-tuning using minimal domain-specific data to achieve satisfactory results, emphasizing the importance of balancing specialization and generalization for ASR models. Future research could explore different fine-tuning strategies and novel technologies such as prompting to further enhance large-scale ASR models' domain-specific performance.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.44
• /
• pp.111-180
• /
• 2009

According to English law, in a voyage policy there is an implied warranty that at the commencement of the voyage the ship shall be seaworthy for the purpose of the particular adventure to be insured. However, Unites States law affords the implied warranty of seaworthiness a great deal of latitude. In the case of voyage policies, it has been traditionally held that the assured is bound not only to have his vessel seaworthy at the commencement of the voyage but also to keep her so, insofar as this can be achieved by himself and his agents, throughout the voyage. Additionally, a defect in seaworthiness, arising after the commencement of the risk, and permitted to continue from bad faith or want of ordinary prudence or diligence on the part of the insured or his agents, discharges the insurer from liability for any loss consequent to such bad faith, or want of prudence or diligence; but does not affect the insurance contract in reference to any other risk or loss covered by the policy, and which is not caused or exacerbated by the aforementioned defect. One of the most important areas of difference in the marine insurance contract between the U.K. and U.S. is the breach of warranty. Prior to the Wilburn Boat case, the MIA was thought to hold that the effect of a breach of warranty was similar under American law -in that under the general maritime law literal compliance with all promissory warranties is required. In this case, the Court concluded that state law should apply to a marine insurance policy, and found that there was no federal rule addressing the consequences of a breach of warranty in marine polices. However, it is of the utmost importance that this case brought to a close the imperative concordance between English and American law. Meanwhile, in relation to marine insurance contracts in Korea, this insurance is subject to English law and practice;, additionally, the international trade volume between Korea and the United States has assumed a vast scale. Therefore, we believe it is important to understand the differences in marine insurance law between the two countries in terms of marine insurance contracts, and most specifically warranties.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.53
• /
• pp.181-206
• /
• 2012

The straight bill of lading is regarded as the documents of title except in American law after The Rafaela S case. The Carewins case also decided that the exclusion clause of bill of lading did not exempt carriers from liability when the carriers delivered the cargo to the consignee without the production of original bill of lading. And the court said that the carrier was responsible for delivering the goods against a forged bill of lading regardless of exemption clause of bill of lading in the Motis case. It may be assumed through these cases that the straight bill of lading as a document of title gives documentary security to the banks in trade finance. However, there can be some downside to the efficacy of the straight bill of lading as collateral. First, when it is subject to the English law, the shipper can arbitrarily change the consignee different from the one named in the document. Second, some bills of lading bear provisions relating to the carrier delivering the goods upon reasonable proof of identity without the surrender of an original and/or genuine bill of lading.

• Journal of Korea Trade
• /
• v.24 no.5
• /
• pp.71-86
• /
• 2020

Purpose - This study investigates research trends by searching for English keywords and abstracts in 1,511 Korean journal articles in the Korea Citation Index from the 2002-2019 period using the term "Port." The study aims to lay the foundation for a more balanced development of port research. Design/methodology - Using abstract and keyword data, we perform frequency analysis and word embedding (Word2vec). A t-SNE plot shows the main keywords extracted using the TextRank algorithm. To analyze which words were used in what context in our two nine-year subperiods (2002-2010 and 2010-2019), we use Scattertext and scaled F-scores. Findings - First, during the 18-year study period, port research has developed through the convergence of diverse academic fields, covering 102 subject areas and 219 journals. Second, our frequency analysis of 4,431 keywords in 1,511 papers shows that the words "Port" (60 times), "Port Competitiveness" (33 times), and "Port Authority" (29 times), among others, are attractive to most researchers. Third, a word embedding analysis identifies the words highly correlated with the top eight keywords and visually shows four different subject clusters in a t-SNE plot. Fourth, we use Scattertext to compare words used in the two research sub-periods. Originality/value - This study is the first to apply abstract and keyword analysis and various text mining techniques to Korean journal articles in port research and thus has important implications. Further in-depth studies should collect a greater variety of textual data and analyze and compare port studies from different countries.

• Korea Trade Review
• /
• v.46 no.3
• /
• pp.203-226
• /
• 2021

Sustainability is considered to be one of the most important social and environmental requirements of modern companies located in global supply chains, since the strong worldwide regulation on carbon emission due to global warming has been emphasized. Sustainable Supply Chain Management(SSCM) could be one of the great alternatives for global companies to maintain a pleasant business environment while fulfilling their social and environmental responsibilities. This paper aims to provide research trends and future directions on SSCM through a systematic literature review. From January of 2004 to May of 2021, 185 English-written and peer-reviewed articles published in eminent journals were selected for the review. The all reviewed papers have been published in SSCI, SCI and SCIE indexed journals and should have accredited by WOS and JCR. A descriptive analysis was followed by a content analysis with regard to research design and methods, and data analysis techniques. We found that the number of research in the field of SSCM have been recently increasing and researchers and their affiliation have been expanding to all over the world, especially to emerging countries. We also found that the rate of the empirical studies and relevant research methodologies applied to the selected papers were relatively high. In the future, it is desirable to be increased the number of the specific industry-oriented research and the quantitative research pursuing the optimality.

• Journal of Arbitration Studies
• /
• v.22 no.3
• /
• pp.119-139
• /
• 2012

In the case of Banque Paribas V. Banco Santander in England for the reimbursement request of deferred payment credit by the nominated bank, the L/C-issuing bank refused to pay the proceeds at maturity because of a fraudulent transaction. The reason of refusal was that the nominated bank, Banco Santander, had no right of payment in deferred credit before its maturity if it made payment of proceeds without notice to the issuing bank, that is, payment not based upon a credit transaction but on its own account. However, in the case of ADIB V. Fortis Bank in America, the New York court made the decision that the deferred payment bank could not refuse to reimburse to the nominated bank, Fortis Bank, because of fraud. Its decision was based on the UCP600. We have analyzed and investigated the above two cases-one was an English court's decision and the other an American's. The English court's decision was made under UCP500, but the American court's was made under UCP600, which was revised in 2007. As a result, we can expect that from now on in deferred payment credit transactions, the power of the nominated bank will be greater than before, but the issuing bank will bear the risk of the beneficiary's fraud, so the issuing bank will be hesitant to issue deferred payment credit. Notwithstanding, we thought that the New York court decision would come into effect in the activation of deferred payment credit in practical trade transactions.

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

• Journal of Fashion Business
• /
• v.5 no.4
• /
• pp.158-175
• /
• 2001

The purpose of this study was to understand and improve the clothing habits and the apparel industry of North Korea in preparation for the reunification of South and North Korea. For this study, literary data, reports, periodicals, interviews and internet data of the two Koreas were reviewed. North Korean clothing habits used to be monotonous and uniform but nowadays people's clothes have become somewhat brighter in color and more diverse in design than before. In particular, liberal and individual dressing habits appeared among the privileged classes. When taking part in national events, women have to wear the traditional Korean costume, Hanbok, while men wear business suits for formal wear. In general, men don't wear Hanbok. Students have to be in uniforms but blue jeans, T-shirts with English logos were popular among them reflecting their sensitivity and openness towards western cultures. The brides usually wear pink Hanboks and the bridegrooms wear black business suits for their wedding. North Koreans also wear Hanbok on national holidays like South Koreans. Clothing is the most important item in the trade of process commission between North and South Korea. Trading items are mid to low end men's clothing for the most part due to less emphasis on fashion in the North. The processing is indirect trade and composed of sample making and contracting, sending out materials and production, carrying in goods and setting accounts. To activate South-North trade, establishment of infrastructure, stabilization of shipping, reducing high costs of distribution, building direct communication system by setting up office in a neutral zone and simplifying procedures in applying for the South and North Korea Economic Cooperation Fund. On the other hand, clothing and textiles education is carried on at art colleges, light industries colleges and commercial colleges in Pyongyang. Clothing institutes which study Hanbok and Western clothes, are installed in each city and province. Graduates who majored in clothing and textiles are posted in institutes or apparel factories. Their job is designing, patternmaking and sewing for their customers. Most of them are women and in good state of economic conditions. The North Korean clothing industry has been the core national industry that has developed based on overseas demand form the mid 1980s. The standard is that of South Korea in the early 1980s. In 1999, trade of North Korean textile products with trade counterparts such as Japan and China was $1.3 million in exports and $1.27 in imports. Of this amount the export takes up 25.4% of the total exports in North Korea. However, fundamentally even in sectors that are irrelevant to politics such as the fashion clothing industry, trust between the South and North should be a prerequisite. Only through this can exchange between North and South and economic cooperation contribute towards the reunification.

• Journal of Contemporary Eastern Asia
• /
• v.12 no.1
• /
• pp.81-93
• /
• 2013

Over the past several decades, educational systems in many parts of the world have undergone manifold changes that have significantly affected the work environment of educators. Among other negative impacts of the globalized reforms in higher education has been the increasing prevalence of workplace bullying. The purpose of this research note is to serve different purposes: (1) examine the causes behind the changing landscape of higher education; (2) discuss previous and current research on workplace bullying; (3) introduce the methodology of the Taiwan Higher Education Faculty Survey (THEFS); (4) outline its anticipated outcome.