• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.50
• /
• pp.109-136
• /
• 2011

Bank Guarantee system is commonly used as useful financial instruments to support various overseas and domestic business activities by providing bank guarantees. Therefore, it will be able to develop as a useful socio-economic useful system. However, some procedural problem can arise from the processes under demands for payment. Therefore, it is very important to review the requirements of the demand for payment and compliance standard for the examination of a presentation under the guarantee system. It is necessary to examine main issues under the revised URDG 758. The URDG introduced the same examination principle of "need not be identical to, but shall not conflict with' as that of UCP 600. The main changes of the URDG 758 like this imply the mitigation of the compliance standard for examination. So, This paper is to provide a comparative study of the regulations and laws for the examination standard and propose their implications and practical notes under bank guarantee system. For this purpose, this study will be examined the practical and legal issues focusing on the relative regulations of the revision URDG 758. It will also be reviewed and compared with the URDG, ISP98, UCP 600 and so on.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.43
• /
• pp.275-295
• /
• 2009

After a long period of development and worldwide consultation, the London-based Joint Cargo Committee has revised the Institute Cargo Clauses (A), (B) & (C) and some ancillary Institute Clauses. The revision mainly include a clarification of the exclusions within the clauses, some modernization of the language of the clauses and new definitions of some terms. With these revisions, the coverage is widened to offer more protection to the assured. This may enable the widely used Institute Cargo Clauses to receive even greater worldwide acceptance. The following are the main changes in the new 2009 ICC compared with the 1982 ICC. 1. Insufficient or unsuitable Packing or Preparation(Clause 4.3): The revised clause is more favourable to the assured because under the revised clause this sub-clause is only applicable to (a) where packing or preparation is carried out by the assured or their employees or (b) packing or preparation takes place before the attachment of the risk. 2. Insolvency or Financial Default (Clause 4.6): The insolvency and financial default wording is incorporated in the revised clauses, making it more favourable to the assured. 3. Unseaworthiness (Clause 5): The revision is more favourable to the assured in that it limits the exclusion in relation to the unfitness of vehicles, vessels or containers to cases where the assured or their employees are privy to such unfitness. 4. Terrorism (Clause 7): A new definition of "terrorism" is introduced and the revised clause also widens the acts of an individual to encompass ideological and religious motives.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.54
• /
• pp.213-233
• /
• 2012

International Hull Clauses(IHC(2003)) which have replaced the old system, Institute Time Clauses, Hull(ITCH), used more than 100 years in the shipping industry that did not fit the reality of the market and customs was announced in 01/11/2003 and was intended to supplement the existing issues to reflect the terms that had been used. IHC(2003) was composed of systematical and logical phrases to minimize the conflict which happened between the insured and the insurer after the incident. But IHC(2003) is being ignored by both the insured and the insurer in the shipping industry due to the differences in both positions. In addition, the studies about IHC(2003) in local academics are very low and many companies in the shipping industry are using both systems, IHC(2003) and ITCH so the usage of IHC(2003) is not so activated. Thus, this study will examines the main features and the compositions of IHC(2003) and compare IHC(2003) with ITCH(1983) in some provisions in both systems and then derive some similarities from the both systems and finally would suggest the necessity and validity of active use of IHC(2003).

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.44
• /
• pp.57-84
• /
• 2009

This Study attempts to compare and analyze on Principle of Change Circumstances under th CISG, PICC and PECL which are covered international commercial contract. In many international commercial contract, time is very important because delays in performance are sanctioned heavily by substantial penalty clauses. When change in circumstances affects contract performance, the contract will often not be suspended or terminated. Therefore, principle of change circumstances is being prepared of fluidity of contract environment and its effect in general. Taking into consideration the problems relating to the renegotiation or adaptation in the cases of radical change of circumstances where the CISG applies, it is suggested that the contracting parties should make clear their intentions, that is, whether they will provide for the possibility of renegotiation where the price of goods has been altered by inserting a hardship clause or for the possibility of mutual discharge from liability in the cases of economic impossibility or hardship by inserting a force majeure clause. Such provision will be desirable especially in situations where there is a long term contract, the price of goods sold tends to fluctuate in the international commerce, or where especially in contracts subjected to arbitration, the parties subject their contract to legal sources or principles of supranational character. Therefore, this study has shown that the hardship provisions in the CISG, PICC and PECL has similarities to each a validity defense and an excuse defense. it was provisions that CISG governs this issue in Article 79, PICC Article 6.2.1, 6.2.2, 6.2.3 and PECL Article 6.111.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.56
• /
• pp.57-76
• /
• 2012

As globalization accelerates and the trade environment rapidly changes, a more prepared trade workforce is required for the business world. The trade department is an important educational institution that educates and trains future trade talent. Thus, in the evolving trade environment, their role has significant implications for the economic growth of Korea. The present paper is a comparative study of the importance of the university education system in terms of the trade work force through the Person-Organization fit (P-O fit) perspective. We observe that the American trade education system is more oriented to meet and reflect the needs from the real world. It contains a support structure through various governmental organizations that offer financial incentives as well as educational opportunities through internships and other hands-on experiences. The trade education systems in universities in Korea are still static by comparison and are recommended to implement changes that will give students more practical exposure to trade. The governmental and business sectors are also encouraged to support universities in achieving these goals through building a strong cooperative network with university trade departments.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.41
• /
• pp.293-319
• /
• 2009

This paper aims to find the differences between the trading company of Korea and Japan, by analyzing the development history of Corporate Governance and Internal Control System in Korea and Japan. And this paper studies about that on the legal site. A corporate governance has the tremendous influence on the value of the company, and a company's system of internal control has a key role in the management of risks that are significant to the fulfillment of its business objectives. On the other hand, many companies in the every industry have suffered several times from fatal loss or damage resulted from miss or malfeasance late in the 20th century. And the result of that, starting the Sarbanese-Oxley Act in America, a government established the financial laws and corporate laws in the a lot of countries including Korea and Japan. Japanese trading companies tend to be taking a serious view of internal control more than corporate governance against Korean trading companies. But this not means that Japanese are superior to Korean. The most important thing is the fact that Korean trading companies have to spend enough time finding suitable system of corporate governance and internal control as Japanese trading companies did.

• Journal of the Korean Society for Library and Information Science
• /
• v.44 no.4
• /
• pp.277-301
• /
• 2010

Since the England's Parliament revised the British copyright law and enacted the first copyright exception specifically for libraries (user or service) in 1956, copyright exceptions applicable to libraries have been an important part of world copyright laws through the last few decades. Copyright exceptions for libraries are a critical legal tool to preserve intellectual and cultural heritage, promote equitable access to knowledge and information to the public, and to support learning and research. Based on these reasons, this study analyzed and compared the current state of copyright structure and limitations or exceptions for library in six major countries(United States, United Kingdom, Germany, France, Japan, and Republic of Korea).

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.17
• /
• pp.93-125
• /
• 2002

This paper aims to find a reasonable solvency margin system in non-life insurance industry and also to evaluate the appropriateness of the current solvency margin regulation system in Korea. The current solvency margin system in Korea, based on EU's solvency margin model, was introduced during the 1997 financial crisis. The solvency requirement is not based on non-life insurer's risk, but simply on written premiums. The current solvency margin for general insurance, such as fire, marine, and automobile insurance, is determined by the greater between a premium-based amount and a claim-based amount, where the premium-based solvency margin is calculated by multiplying the net written premium for the preceding year by the premium based solvency margin ratio. Also, the amount of solvency margin for long term insurance is set at 4% of the policy reserve of the long term insurance. Still, there exist many differences between the current solvency margin regulation system in Korea and EU's model. This paper focuses on the rationality of the solvency margin regulation system, and compares the current system in Korea with EU's model and the RBC(Risk Based Capital) system in U.S. and Japan. Finally, this paper suggests a more specific and reasonable solvency margin system to be developed in Korea.

• The Korean Journal of Air & Space Law and Policy
• /
• v.24 no.2
• /
• pp.187-210
• /
• 2009

Space law(or outer space law) and the law of the sea are branches of international law dealing with activities in geographical ares which do not or do only in part come under national sovereignty. Legal rules pertaining to the outer space and sea began to develop once activities emerged in those areas: amongst others, activities dealing with transportation, research, exploration, defense and exploitation. Naturally the law of the sea developed first, followed, early in the twentieth century, by air law, and later in the century by space law. Obviously the law of the sea, of the air and of outer space influence each other. Ideas have been borrowed from one field and applied to another. This article examines some analogies and differences between the outer space law and the law of the sea, especially from the perspective of the legal status, the exploration and exploitation of the natural resources and environment. As far as the comparisons of the legal status between the outer space and high seas are concerned the two areas are res extra commercium. The latter is res extra commercium based on both the customary international law and treaty, however, the former is different respectively according to the customary law and treaty. Under international customary law, whilst outer space constitutes res extra commercium, celestial bodies are res nullius. However as among contracting States of the 1967 Outer Space Treaty, both outer space and celestial bodies are declared res extra commercium. As for the comparisons of the exploration and exploitation of natural resources between the Moon including other celestial bodies in 1979 Moon Agreement and the deep sea bed in the 1982 United Nations Convention on the Law of the Sea, the both areas are the common heritage of mankind. The latter gives us very systematic models such as International Sea-bed Authority, however, the international regime for the former will be established as the exploitation of the natural resources of the celestial bodies other than the Earth is about to become feasible. Thus Moon Agreement could not impose a moratorium, but would merely permit orderly attempts to establish that such exploitation was in fact feasible and practicable, by allowing experimental beginnings and thereafter pilot operations. As Professor Carl Christol said until the parties of the Moon Agreement were able to put into operation the legal regime for the equitable sharing of benefits, they would remain free to disregard the Common Heritage of Mankind principle. Parties to one or both of the agreements would retain jurisdiction over national space activities. In so far as the comparisons of the protection of the environment between the outer space and sea is concerned the legal instruments for the latter are more systematically developed than the former. In the case of the former there are growing tendencies of concerning the environmental threats arising from space activities these days. There is no separate legal instrument to deal with those problems.

• Advances in nano research
• /
• v.7 no.5
• /
• pp.351-364
• /
• 2019

In this work, dynamic behavior of functionally graded (FG) porous nano-beams is studied based on nonlocal nth-order shear deformation theory which takes into the effect of shear deformation without considering shear correction factors. It has been observed that during the manufacture of "functionally graded materials" (FGMs), micro-voids and porosities can occur inside the material. Thus, in this work, the investigation of the dynamic analysis of FG beams taking into account the influence of these imperfections is established. Material characteristics of the FG beam are supposed to be vary continuously within thickness direction according to a "power-law scheme" which is modified to approximate material characteristics for considering the influence of porosities. A comparative study with the known results in the literature confirms the accuracy and efficiency of the current nonlocal nth-order shear deformation theory.