• 통상정보연구
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• 제14권2호
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• pp.369-387
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• 2012

한미 FTA의 협상 과정에서부터 비준을 걸쳐 발효된 이후까지 끊이지 않는 논쟁의 중심에는 바로 투자자-국가 소송제도인 ISD가 있다. ISD의 본 취지인 외국인 투자자에 대한 보호기능은 국제통상환경에서 없어서는 안 될 보호장치이며 지금까지 수많은 양자투자협정(BIT)에도 적용되어온 제도임에도 ISD에 대한 부정적인 시각은 여전히 존재한다. 그중에서도 가장 큰 우려는 정부의 공공정책이 ISD 때문에 제한될 수 있다는 것이다. 실제로 한미 FTA의 당사국인 미국이 맺은 NAFTA의 경우를 보면 ISD로 인하여 캐나다와 멕시코 정부가 ISD 제소를 당해왔으며, 그로 인하여 공공정책을 추진하면서 제약을 느껴온 것은 사실이다. 그러나 일부의 ISD 사건에서는 일국 정부의 공공정책이 투자자의 이익을 우선한다는 판정부의 결정도 있었다. 그렇다면 한미 FTA가 막 발효된 이 시점에서 우리가 앞으로 일어날 수 있는 우리 정부에 대한 미국기업이나 미국인 투자자의 ISD 제소에 어떻게 대비해야 하며, 정부의 공공정책이 어떻게 해야 ISD 제소의 표적이 되지 아니할지에 대한 분석이 필요하다. 이러한 분석에 가장 효과적인 자료가 미국이 당사국으로 있는 NAFTA의 ISD 사건들이다. NAFTA의 ISD 사건 분석은 판정부가 판정을 함에 있어 어떠한 법리적 해석을 하는지를 알 수 있는 근거자료이며 나아가 우리의 상황에 적용하여 대비하는데 필수적인 도구이기도 하다.

• 무역상무연구
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• 제49권
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• pp.359-378
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• 2011

UCP600 Article 20 (a) (v) states that contents of terms and conditions of carriage will not be examined and Article 34 states that a bank assumes no liability or responsibility for the general or particular conditions stipulated in a document. From this perspective, banks may seem to have no obligation to examine the pre-printed clause of B/L. However, ICC decided that no opinion could be given in relation to the issues surrounding B/Ls that contain delivery clauses. Accordingly, it is agreed by previous cases and some scholars that banks may refuse the B/Ls that contain delivery clauses which are not present in other B/Ls of the same goods and transport routes. Also, ICC published ICC Decision in July 2010 regarding on board notation. In this decision, if a B/L indicates a place of receipt that is different from the port of loading and there is an indication of a means of pre-carriage, then a dated on board notation will be required indicating the name of the vessel and the port of loading. Therefore, banks may,, in some cases, need to scrutinize the pre-printed clauses especially appearing in the front page of B/Ls.

• 무역상무연구
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• 제58권
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• pp.35-58
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• 2013

In Mash & Murrell, Diplock J said that "there is an implied warranty not merely that they shall be merchantable at the time they are put on the vessel, but that they shall be in such a state that they can endure the normal journey and be in a merchantable condition upon arrival." But in The Mercini Lady, Field J said that "the goods would be of satisfactory quality not only when the goods were delivered on to the vessel but also for a reasonable time thereafter." and "The proposed conditions were not excluded by clause 18. ${\cdots}$ clause 18 was not to be construed as extending to conditions ${\cdots}$". In relation to the problems on validity of the goods conformity clauses in FOB contracts, when considering Lord Wright's comments ("${\cdots}$ hence apt and precise words must be used to exclude it: the words guarantee or warranty are not sufficiently clear.") in Cammell Laird & Co Ltd v Manganese Bronze and Brass, FOB contracts are fundamentally one that seller's duty to deliver the goods is completing at the port of shipment and "principle of party autonomy" in Contract Law, I do not think that the terms implied by section 14 of the SGA and Common Law cannot absolutely excluded by the goods conformity clauses in sale contracts. Therefore, in order to exclude the implied terms, the parties must very clearly spell out this in the relevant clauses.

• 한국항해항만학회:학술대회논문집
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• 한국항해항만학회 2004년도 Asia Navigation Conference
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• pp.54-63
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• 2004

There are two principal routes for the Asia-North America containerized cargo, that of Asia-West Coast and Asia-East Coast. On the West Coast, the Asia-Los Angeles, dominate the commerce, whereas on the Asia-East Coast it's the Panama Canal. Each of these routes has different characteristics. All are similar in that each is the door to the commerce of containerized cargo originating in Asia; each combines maritime and overland transportation; each has important intermodal connections and is able to distribute cargo throughout the West and East Coasts of the United States. Each route also has its port of preference that has the necessary infrastructure, equipment and intermodal connections. For example, in the case of the Port of Los Angeles, in spite of some of its advantages, it has several serious problems due to the interminable containerized cargo traffic that must be solved rapidly and satisfactorily in order to progress. In this paper, we would like to show the problems of two main routes.

• 통상정보연구
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• 제12권4호
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• pp.171-192
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• 2010

In general, a stock index and its individual stocks are assumed to follow a random walk. A stock index is an important source of information and one that is seen by people everyday, regardless of their investment intentions. This paper examines the correlation between the KOSPI-the index that best reflects the Korean stock market and the macro - economic variables that have been found to influence the index by previous studies. The sample period considers the years after 2000 when the Korean stock market matured as restrictions on foreign investors were removed. For this purpose, a Vector Error Correction Model (VECM) and KOSPI equation with a general pacific approach were used. This paper aims at verifying the factors that determined the KOSPI after 2000 and at examining whether there was structural change in the investment environment. It also investigates changes in the factors determining the KOSPI's performance as a result of structural changes in the investment environment. The V AR (Vector Autoregressive) model including the nine variables was selected as a baseline model whose stability was tested using the unit root test. The results from the VECM and the structural changes in the investment environment can be summarized by the following Inner story points.

• 무역상무연구
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• 제17권
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• pp.37-69
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• 2002

This study sumed up general rules for measuring damages based on SGA, UCC, CISG, PICC legislated by on the base of English decision of Hadley v. Baxendale Concluding marks as follows : (1) General rule for measuring damages is a standard rule that is developed to place the aggrieved party in as good a position as if the party in breach performed the contract. (2) Damages may also be accompanied by other remedies (3) Damages has alternative character (4) Damages give the aggrieved party full compensation (5) It is enough for the aggrieved party simply to prove the non-performance for damages (6) Occurence of harm must be reasonably certain and a direct consequence of non-performance (7) while Rule for measuring damages an UCC is concrete CISG is comprehensive. (8) Although rule of UCC and CISG for damages measurement is a similar in many aspect but there are in expression and range of damage between them. (9) the result of this study will give researchers the opportunity to develope in depth and their report of research also contribute chance to perform business their effective oversea's trade

• 무역상무연구
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• 제63권
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• pp.3-24
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• 2014

This paper focuses on the formation of contract under CISG through the case by the Korean court. Under the CISG, an offer means that a proposal for concluding a contact constitutes the offer, if it is sufficiently definite and indicates the intention of the offeror to be bound in case of acceptance. An acceptance is statement made by or other conduct of the offeree indicating assent to an offer, and this statement purports to be an acceptance but contains additional or different terms which do not materially alter the terms of the offer constitutes an acceptance. In practice, parties negotiate for lots of contract terms to conclude the contract, and the last reply indicating of assent which is made by statement or other conduct to a proposal for concluding a contract would be an acceptance. At this time the most important factor is the intention of parties whether they intend the offer or the acceptance, Purchase order by buyer or Offer Sheet by seller would be understand as condition precedent for the formation of contract. Nevertheless, keep in mind that the Korean court is consistent in the way Purchase order by buyer or Offer Sheet by seller is an acceptance to conclude contract.

• 무역상무연구
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• 제36권
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• pp.87-109
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• 2007

This Comment explores the ICSID case of CMS Gas Transmission Company v. Argentine Republic, awarded on May 12, 2005. The Part II of this Comment first describes the relevant facts of the case including the some background for readers' understanding and the Part III summaries the claimant's requests and the decisions rendered by the Arbitral Tribunal in the Award. At Part IV, the Comment addresses the issue of determinating laws applicable to the merits of dispute in case that the parties of the case have not chosen a governing law, and at Part V, takes a close look into three main issues of (i) the indirect expropriation of the investment, (ii) the breach of fair and equitable treatment and (iii) the protections under umbrella clauses. In this CMS case, we see first that while the Tribunal affirmed that any indirect expropriation can occur from incidental interference depriving the foreign investor of the use or reasonable-to-be-expected economic benefit even if not necessarily to the obvious benefit of the host State, the Tribunal denied the occurrence of indirect expropriation in this case by holding that the Government of Argentina has not breached the standard of protection laid down in the Treaty. Secondly, however, regarding the issue of fair and equitable treatment, we see that the Tribunal, finding Argentina's breach of obligations, affirmed that the foreign investor can expect the host State to act in a consistent manner, free from ambiguity and totally transparently in its relations with the foreign investor, which can give the foreign investor certain degree of foreseeability. Thirdly and finally, we see that, on base of the effect of the umbrella clause, the Tribunal recognized the obligation of the host State undertaken not to freeze the tariff regime or subject it to price controls and not to alter the basic rules governing contracts between the foreign investor and the host State without the first's written consent. However, the protection under the umbrella clause is available only when there is a specific breach of rights and obligations under BIT or a violation of contract rights protected under BIT.

• 한국전자거래학회지
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• 제8권3호
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• pp.17-36
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• 2003

ebXML은 UN/CEFACT와 OASIS가 주축으로 제정한 전자상거래 국제 표준으로 모든 거래 당사자들에서 상호운용 적이며 안전하고 일관성 있는 방법으로 XML 기반의 인프라(infrastructure)를 제공하여 글로벌 e-비즈니스가 가능하도록 하는 것을 목적으로 한다. ebXML 레지스트리는 거래대상자들의 비즈니스 정보들을 저장하는 저장소를 가지며, 클라이언트가 이 저장된 정보에 접근할 수 있도록 다양한 레지스트리 서비스를 제공한다. 이러한 레지스트리 서비스들은 ebXML 레지스트리 정보 모델(RIM)에 정의된 구조를 따르기 때문에, 하부 데이터베이스 시스템에 따라 서비스들을 처리하는 방법 이 달라진다. 본 논문에서는 관계형 데이터베이스를 기반으로 ebXML 레지스트리 서버 구현 방법을 제안한다.

• Journal of Information Display
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• 제3권1호
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• pp.11-16
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• 2002

This paper presents a study on the tubeless Plasma Display Panel (PDP) packaging using glass-to-glass electrostatic bonding with intermediate amorphous silicon. The bonded sample sealing the mixed gas with three species showed high strength ranging from 2.5 MPa to 4 MPa. The glass-to-glass bonding for packaging was performed at a low temperature of $180^{\circ}C$ by applying bias of 250 $V_{dc}$ in ambient of mixed gases of He-Ne(27 %)-Xe(3 %). The tubeless packaging was accomplished by bonding the support glass plate of $30mm{\times}50mm$ on the rear glass panel and the capping glass of $20mm{\times}20mm$. The 4-inch color AC-PDP with thickness of 8 mm was successfully fabricated and fully emitted as white color at a firing voltage of 190V.