• 무역상무연구
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• 제61권
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• pp.93-111
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• 2014

In this article, I have reviewed the validity of the Retla Clauses in bills of lading. In Tokio Marine(1970), US courts have permitted carriers to include Retla Clauses in their bills of lading that essentially disclaim all responsibility for the required statement. Simon J in The Saga Explorer(2012) disagreed with the decision of no representation in Tokio Marine and held that the statement with the Retla Clauses made on the bills of lading as to the cargo's apparent condition was a fraudulent misrepresentation. Simon J also requested a strong carriers' honest conduct. However, because the shippers always request the clean bill of lading for trade purpose and never call for a substitute bill of lading showing the true condition of goods, carriers will inevitably continue to clause bills of lading if they have no other better way of protecting themselves in the situation of Tokio Marine or The Saga Explorer. For the present, the decision of misrepresentation in The Saga Explorer might be helpless to change the position of the assignees of the bills of lading. And it seems that the debate on the validity of the Retla Clauses in bills of lading will be continued for the time being. In these circumstances, if the buyers hope to void the potential dispute, they may have a special agreement in the sale of goods contract, for example, requiring a pre-shipment inspection of the goods so as to know the actual condition of the goods on shipment.

• 통상정보연구
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• 제9권4호
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• pp.141-158
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• 2007

The purpose of this paper is to examine the validity or effectiveness of the Arbitration Clause such as Model Clause I, and to confirm how other issues such as arbitrable "investment", appointment of arbitrators and law governing the agreement be reflected in the agreement. However, the parties should be sure that the arbitration clause is valid if they have checked whether, for their particular situation, the ICSID Centre has jurisdiction. For the validity of the Arbitration Clause, first the host country and the country which the investor belong to must be "contracting states" to the ICSID Convention. Second, the specific consent to arbitrate must be expressed in writing in the investment contract or in a national investment law or in an investment protection treaty. The issue of "nationality" of an other contracting state is determined by the place of incorporation or the location of the head office. In case the parties have doubts about a valid consent to arbitrate, Art. 41 of the ICSID Convention provides, regarding ICSID jurisdiction, that the tribunal shall be the judge of its own competence. It follows that ICSID Arbitration has an autonomous and exclusive character. As a consequence, domestic courts may not interfere with the question of ICSID's jurisdiction, which is called as "rule of abstention".

• 무역학회지
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• 제44권6호
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• pp.285-302
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• 2019

Good faith is difficult to define due to the facts that there is not an objective and concrete concept of good faith, and good faith in contracts for the international sale of goods is a principle that parties to the contract must act with sincerity as members of a social community. The Korean Supreme Court shall pay attention to setting the applicable standards that can be universally applied to good faith based on the self-established criteria. Through such effort, it is possible not only to realize the value of concrete validity pursued by the general clause of good faith but also to realize the value of legal stability by assuring the predictability of results when applying good faith. In the modern sense, it can be said that the arbitrary application of general rules rather than the escape and general clauses is a problematic situation in the application of good faith, but this problem can be solved by setting a reasonable standard of good faith. This paper studies good faith in the view of Korean law, international laws, and related cases in contract law. The purpose of this paper is to find the problems and solutions of the practical application of good faith by analyzing the Korean case (2009Da86000), which undermined the legal stability of good faith in Korea.

• KSII Transactions on Internet and Information Systems (TIIS)
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• 제15권8호
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• pp.2849-2864
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• 2021

The emerging of cloud data sharing can create great values, especially in multi-cloud environments. However, "data island" between different cloud service providers (CSPs) has drawn trust problem in data sharing, causing contradictions with the increasing sharing need of cloud data users. And how to ensure the data value for both data owner and data user before sharing, is another challenge limiting massive data sharing in the multi-cloud environments. To solve the problems above, we propose a Uniform Encoding and Parsing Framework (UEPF) with blockchain to support trustworthy and valuable data sharing. We design namespace-based unique identifier pair to support data description corresponding with data in multi-cloud, and build a blockchain-based data encoding protocol to manage the metadata with identifier pair in the blockchain ledger. To share data in multi-cloud, we build a data parsing protocol with smart contract to query and get the sharing cloud data efficiently. We also build identifier updating protocol to satisfy the dynamicity of data, and data check protocol to ensure the validity of data. Theoretical analysis and experiment results show that UEPF is pretty efficient.

• 한국중재학회지:중재연구
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• 제15권2호
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• pp.93-123
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• 2005

As the international commercial transaction has drastically grown up with the mainland China, commercial disputes that are required to settle through ADR have tremendously increased during the last decade. Since China has not been fully exposed to the Free World for a long period of time, there would have been a great amount of misunderstanding about their competency and integrity to deal with internationally oriented commercial transactions with a view to internationally acceptable manner. This arbitration case was related to the contract in dispute of C&A Inc. as the importer v. China XX Importation Co. as the exporter for the sale of Silicon Metal. But after the contract were formed, exporter(respondent) declined to deliver the goods under the contracts because the market price of Silicon Metal increased according to the argument of the importer(claimant). Importer had to purchase alternative goods from other companies to substitute for the goods subject to the contracts in dispute. Importer purchased silicon metal of the same quality as under the contracts from two other Chinese companies as the necessary measure to mitigate the loss, paying prices higher than the contract price. Since exporter had breached the contracts, importer's loss should be compensated by the exporter as the Arbitration Tribunal decided for supporting importer's claim of loss for the substitute goods. This study is aiming at analyzing the rationale of the arbitral awards made by the Shanghai Commission in terms of (l)Place of Arbitration, (2)Applicable Law, (3)Validity of the Contracts, (4)Doctrine of Frustration, (5)Responsibility for the Mitigation of Damage by the Importer.

• 유통과학연구
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• 제14권7호
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• pp.101-114
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• 2016

Purpose - The aim of this study is to investigate the benefit-sharing activities. They affect contract renewal intention between franchisers and franchisees that are linked through a contract with the intention of building their relationship from the level based on dynamic trust. This study will show a new approach on qualitative growth and consolidation of competitive power and may well be able to suggest practical ways to strengthen directions in the field of franchise industries. Research design, data, and methodology - In this study, based on literature review, we separated logistical-supporting activities and non-logistical-supporting activities from benefit-sharing activities. We modeled how benefit-sharing activities influence contract renewal intention of franchisees by dynamic trust. In particular, considering the possibility of trading concepts and characteristics of trust between providers opportunistic behaviors was defined as variables, depending on the situation and dynamic characters reveal their relationship trust concept. That is, dynamic trust having the possibility of changing depending on opportunistic risks and interdependencies by Lewis & Weigert(1985, 2012) was classified into transitional-based trust, calculated based trust, relational-based trust and balance-based on trust. The total of 104 samples from domestic franchisees being with franchisees were collected by using a structural composed questionnaire. Results - The results are as following. Benefit-sharing activities in logistical supporting activities appeared to affect the multidimensional concept of transitional trust, calculated based on trust, relationship-based trust and balance based on trust dynamic trust with all-defined impact. Non-logistical supporting activities appeared to affect significantly the positive (+) to the dynamic trust concept except transitional trust. Lewis & Weigert(1985; 2012) have proposed a dynamic confidence calculated from relations within-based trust relationship based on trust appears to affect the significant positive (+) to the balance-based confidence transactions confidence mechanism of the system side in the verified relationship. Finally, a relationship based on trust and confidence in the balance based on the Influence of dynamic renewed confidence showed significantly affect the positive(+). In particular, the balance based trust showed the acts as a mediating factors between relational trust and confidence and renew calculated. Conclusion - From the above these results, the significance from this study is as following. First, the proposed activity is to share and validate the approach by identifying the potential in the relationship from the contract with building dynamic trust, and one of the ways from the franchise headquarters and affiliated merchants mutual growth through win-win cooperation in sharing activities. Next, the dynamic segmentation confidence to suggest the possibility can be broken down over the validity and reliability test for each concept. In addition, by identifying the relationship between the dynamic level of confidence granular multi-dimensional concept, to determine the level of trust with a dynamic relationship between risk and interdependencies can be possible in franchise industries. In order to maintain and develop their mutual relationship, franchise industries should propose confidence-building steps to promote their quality improvement.

• 한국산학기술학회논문지
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• 제19권6호
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• pp.110-119
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• 2018

블록체인 기술은 무결성과 부인 거부 등의 뛰어난 보안성으로 계약 분야(매매 계약, 부동산 계약)에 활용도가 높게 평가되고 있다. 블록체인에서 이러한 계약 서비스는 스마트 컨트랙트라는 기술을 활용하여 개발 가능하며 여러 블록체인 플랫폼들이 스마트 컨트랙트를 개발하기 위한 프로그래밍 언어를 제공한다. 대표적인 블록체인 플랫폼인 비트코인과 이더리움은 비트코인 스크립트와 솔리디티 언어를 제공한다. 이러한 프로그래밍 언어를 이용하여 동적으로 처리될 수 있는 디지털 계약인 스마트 컨트랙트를 개발할 수 있다. 그러나, 다양한 계약 분야에서 스마트 컨트랙트의 개발이 진행되고 있으나 블록체인 기반의 설계를 위한 연구가 미흡한 상황이다. 이에 본 연구에서는 이더리움 기반으로 스마트 컨트랙트를 설계하기 위한 메타모델 및 UML 기반의 정적/동적 설계 기법을 제안한다. 정적설계에서는 스마트 컨트랙트의 속성과 기능을 설계하기 위한 기법을 제안하며, 그리고 컨트랙트들 간의 구조를 설계하기 위한 기법을 제안한다. 동적설계에서는 블록체인 내의 스마트 컨트랙트, 계정, 블록들 간에 배포, 기능 호출, 동기화를 설계하기 위한 기법을 제안한다. 실험은 부동산 계약 사례를 통해 정적/동적 설계 기법을 적용하여 설계 기법의 타당성을 검증한다.

• 한국중재학회지:중재연구
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• 제31권3호
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• pp.69-89
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• 2021

General lawsuits can be chosen as a method of resolving patent disputes. However, a significant amount of time and money is wasted on litigation until the dispute is resolved. The Intellectual Property Framework Act in Korea requires the government to simplify litigation procedures and improve litigation systems to resolve intellectual property disputes quickly and fairly. As a result, accurate and timely resolution of patent disputes is given importance by the Korean government. Interest in arbitration as an alternative method of dispute resolution is growing. Although dispute resolution through arbitration is effective, the issue of resolving patent disputes through arbitration can lead to the arbitrability of patent disputes. It is therefore necessary to examine arbitrability of patent contracts and validity disputes. Korea has made efforts to reflect the model arbitration law of the United Nations Commission on International Trade Law for quick judicial resolution of patent disputes. Korea has also strengthened related systems for alternative resolutions. However, improving the arbitration system will necessitate a thorough examination of the systems and practices of the United States which is the country in the forefront of intellectual property. This paper examines the arbitrability of Korea's patent dispute and makes recommendations for more efficient dispute resolution system changes.

• 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.

• 아태비즈니스연구
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• 제13권2호
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• pp.139-154
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• 2022

Purpose - This study aims to analyzing of solar power generation cost-benefit. Design/methodology/approach - We analyzed whether there is economic feasibility by selecting parking lots and idle sites located in four areas of Seoul, Gyeonggi, Chungcheong, Jeolla, and Gyeongsang areas nationwide, and analyzing site conditions and installation capacity. Findings - According to the results of the analysis, it was found that there is low profitability in Seoul, Gyeonggi and Chungcheong regions, where the solar radiation was not excellent even if REC is selected through the contract market. However, it is necessary to analyzed the economical validity the profitable validity including environmental benefits (greenhouse gas reduction, NOx, SOx reduction effect) and social benefits (renewable power supply) that is analyzed by income and operating costs which is occurred from electricity sales and REC sales when installing solar power generation facilities. Research implications or Originality - In this study, economic feasibility was evaluated additionally in consideration of environmental and social benefits. In conclusion, it was shown that businesses are not economical when considering only simple financial aspects are also sufficiently economical when it is considering environmental and social benefits.