• 제목/요약/키워드: international contract

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The Law Regarding International Marriage Migrant Women from the Perspective of Human Rights and Social Integration (인권과 사회통합관점에서 본 여성결혼이민자 관련법)

  • Wee, In-Baek
    • The Journal of the Korea Contents Association
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    • v.11 no.5
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    • pp.317-327
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    • 2011
  • This study examined with a view to legal system how to get over the adaptation problem as well as protection of human right about the cases of marriage immigration have sharply increased in Korea through Globalization and this brought about serious matters to multi-cultural families : disguise marriage, contract marriage, frequent divorces, especially conflict, violence, maltreatment of couple is guaranteed efficiently include against mankind universal value regardless of race, class, region undergoing farm village female marriage immigrants by cultural difference. This study is when the families of the marriage immigrants are left unattended in the state of the crisis, it definitely seems to be a serious obstacle for social integration and cost vast social expense. Therefore, I suggest the problems of multi-culture family support law and improvement plans for Marriage bureau agency management law and nationality Act through a comparative method about legislation of each country which has dealt with a phenomenon called 'multi-cultural Society' and fact-finding of female marriage immigrants in Gwang-ju Metropolitan City, professing "the city of human right".

A Study on Construction Management System for Settlement in Korea through the Case of Program Management of IIA Project (IIA Project PM 적용사례를 통한 CM체계 정착방안)

  • Oh Myung-Kap
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.96-101
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    • 2001
  • Incheon International Airport Construction Project the biggest national multi-complex construction project in a single area in Korea, the necessity for introducing the Program Management System has been brought up from the development stage due to its specific characteristics and environment and with the Project Management Services Contract in December 1994 the system has been established and operated. At the time of contracting, there were controversies over the expected effect of the system since there were no related laws and regulations in domestic construction codes. Furthermore the situation was very hard in which some practical problems have been found in the process of applying and operating the system due to the lack of recognition and infrastructure in Korea. Incheon. In spite of these difficulties, thanks to the devotion and efforts of the project participants along with thoughtful concerns from the industries and the academies, the project goal has been successfully accomplished. This paper will analyze the various problems arose in the process of applying the Project Management System to Incheon International Airport and present more practical and desirable ways so that it can help to make the environment for properly settling Construction Management at the earliest.

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A Study on the Duty of Fair Presentation in Insurance Act 2015 (2015년 영국 보험법 상 공정표시의무에 관한 연구)

  • SHIN, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.72
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    • pp.57-80
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    • 2016
  • Since 2006, the Law Commission and Scottish Law Commission have been engaged in a major review of insurance contract law, finally leading to the legislation of Insurance Act 2015. According to the enforcement of the Insurance Act 2015 on 12 August 2016, ss 18~20 of the Marine Insurance Act 1906(MIA 1906) were repealed and substituted by the new concept of fair presentation. This article intends to analyze the legal implications through the comparative research between the duty of fair presentation in Insurance Act 2015 and ss 18~20 of MIA 1906. The major changes in Insurance Act 2015 are designed to (1) encourage active engagement by the insurer rather than passive underwriting, asking questions of the insured if the desired information is not provided at the stage of proposal; (2) encourage policyholders to structure and signpost their presentation in an clear and accessible way, and prevent data dumps; (3) give guidance as to how the insured should prepare a fair presentation, by undertaking a reasonable search of available information and giving examples of what circumstances might be material; (4) clarify whose knowledge in the insured's organization is attributed to the insured for the purposes of disclosure; (5) clarify the exceptions to the duty of disclosure, including circumstances "which are known or presumed to be known to the insurer"; and (6) replace the remedy of avoidance in all circumstances with more proportionate remedies. This is a default regime, which may be altered by agreement between the parties.

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Legal Problems of the Contract Formation by the Electronic Declaration of Intention (전자적 의사표시에 의한 계약성립상의 법적 문제)

  • KIm, Sun-Kwang
    • International Commerce and Information Review
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    • v.1 no.1
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    • pp.157-178
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    • 1999
  • UNCITRAL에서 제정한 "UNCITRAL 전자상거래 모델법"과 우리나라의 "전자상거래 기본법(안)"을 참조하여 전자적 의사표시에 의한 계약성립상의 법적인 문제들을 검토하였다. 청약의 경우나 승낙의 경우 모두 전자적 의사표시 방식에 의하여 상대방에게 특정 정보를 보내는 송신(발신)시점과 이러한 정보를 상대방이 취득하는 수신(도달)시점과의 구분을 어떻게 정의할 것인가 하는 문제가 대두된다. 이와 관련하여 본고에서는 컴퓨터에 의한 계약성립상의 송신시점과 도달시점에 관하여 정리하였다. 작성자와 수신자간에 다른 별도의 약정이 없는 한, 전자적 의사표시의 송신시점은 송신된 전자적 의사표시가 작성자 또는 작성자를 대리하여 데이터 메시지를 발신한 대리인의 지배를 벗어나 어떤 정보시스템에 들어간 때가 된다. 여기에서 어떤 정보시스템이란 첫째로 당사자간의 컴퓨터가 컴퓨터망을 통해 직접 연결된 경우에는 상대방의 컴퓨터가 될 것이고, 둘째로 당사자들의 컴퓨터가 특정 전자사서함에 연결되어 그곳을 통해 전달하고 수령하는 경우에는 그 전자사서함이 될 것이다. 한편 전자적 의사표시가 인간에 의한 자연적 의사표시와 동일시될 수 있는가 하는 문체와 관련하여 본고에서는 이를 통일하게 약정함으로써 전자적 의사표시는 기존의 법률사실의 범주에 포함되는 것으로 파악하였다. 그리하여 우리나라 민법에서 자연적 의사표시와 관련된 내용들을 규정하고 있는 조항들을 토대로 연구하였다. 다만 컴퓨터의 기능을 인간의 구체적으로 완성된 의사를 단순히 표시하거나 전달하는 수준 이상으로 컴퓨터 이용자의 의사영역에 개입하는 것으로 파악함으로써, 컴퓨터를 이용한 전자적 의사표시의 전달과정에서 발생될 수 있는 특별한 문제들을 함께 검토하였다. 즉 그 대표적인 예로써 표의자의 착오에 의한 의사표시 중에서 입력된 자료에 하자가 있는 경우라든지, 정보처리장치의 이용에 하자가 있는 경우라든지, 정보처리장치나 프로그램 자체에 하자가 있는 경우라든지, 네트워크에 하자가 있는 경우 등과 같은 컴퓨터라는 수단을 이용한 의사전달과정에서 발생될 수 있는 법적인 문제들을 검토하였다.

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A Study on Application of CISG in the Commercial Arbitration of China - Focus on CIETAC Arbitration Cases - (중국 상사중재에서 CISG의 적용에 관한 연구 - CIETAC 중재사례를 중심으로 -)

  • Han, Na-Hee;Lu, Ying-Chun;Lee, Kab-Soo
    • Journal of Arbitration Studies
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    • v.29 no.1
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    • pp.53-70
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    • 2019
  • This study analyzed some cases of the China International Economic and Trade Arbitration Commision (CIETAC) related to the application of the Contracts for the International Sale of Goods (CISG). As a contracting party of the CISG, China has accumulated a considerable amount of experience in applying CISG through commercial arbitrations. This study sought to understand how CISG is operated in commercial arbitration in China. By analyzing actual cases in China, Korean commercial arbitration can avoid mistakes and further improve. This study of Chinese cases will give some useful information for Korean companies. As defined by the CISG, the applicability can be divided into direct application and indirect application. When China joined the CISG, it made a reservation out of Article 1(1)(b). Korea and China are contracting parties to CISG and CISG is, therefore, directly applied. It is beneficial for Korea to understand how CIETAC is indirectly applied in China then. Some of the results of this study are as follows: First, CIETAC made a correct judgment most of the time on the direct application of CISG. However, there were mistakes in the judgment of the nationality of the parties in a few cases. The parties must clearly define applicable laws when entering into a contract. Secondly, the 2012 "CIETAC Arbitration Rules" was revised so that the "party autonomy" was introduced into Chinese commercial arbitration concerning indirect application. Therefore, the principle of autonomy of the parties was not fully recognized in the past judgments. Instead, the domestic law of China was applied in accordance with the reservation of Article 1(1)(b). Thirdly, China did not explain the application of CISG in Hong Kong, which led to ambiguity in concerned countries. Therefore, it is necessary to confirm the status of CISG in Hong Kong. In addition, Korean companies should clearly define the applicable laws when dealing with Hong Kong companies.

A Study on Myanmar Power Marker for Korean Firms - Focused on CHP, CDM, MDB - (한국기업의 미얀마 전력시장 진출 방안에 관한 연구 - CHP, CDM, MDB를 중심으로 -)

  • Yu, Cheon;Hwang, Yun-Seop
    • International Area Studies Review
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    • v.20 no.4
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    • pp.37-56
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    • 2016
  • The purpose of this research is to present the implication for Korean firms' entry into the power market in Myanmar. This study investigated the characteristics of the Myanmar power market and analyzed SWOT, focusing on energy policy, power supply and demand, energy relations with neighboring countries and climate change issue. Opportunity factors are changes in energy strategies, the launch of an energy integration organization, changes in the power energy portfolio, rapid economic and power demand growth, and a clean development mechanism. The threats are high nonfulfillment of a contract, high power loss rates and low electricity distribution rates, increased energy exports to neighboring countries, and vulnerability to climate change. We suggest the use of CHP (Combined Heat and Power), Clean Development Mechanism (CDM), and Multilateral Development Bank (MDB).

A Study on the Reasonable Choice and Utilization of Incoterms 2020 Rules from the Perspective of Logistics and Supply Chain Management

  • Yang, Jung-Ho
    • Journal of Korea Trade
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    • v.25 no.1
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    • pp.152-168
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    • 2021
  • Purpose - This paper has an objective to suggest reasonable criteria in choosing Incoterms 2020 rules for efficient and effective logistics management in that the Incoterms rules affect not only the rights and obligations of the parties to the sales contract but also the control and management of logistics system and transaction costs in the transaction. Design/methodology - An analysis of the various factors is needed to assess the positive or negative impact on global value chain in choosing Incoterms rules from a total logistics view. This study analyzes the impact of which the content of individual incoterms rules can have on the operation of international logistics systems under the global value chain from a strategic perspective to suggest reasonable criteria for selection of Incoterms rules depending on the transaction situation. Findings - Results of this study shows that consideration of various aspects which includes the characteristics of the products, logistics capabilities, infrastructure, transaction volume, operational cost, customs regulations, tax and accounting should be reflected in choosing the appropriate Incoterms rules. Therefore, in order to minimize the total cost and improve logistics performance, it may be helpful to develop a decision support model which allows users to select appropriate Incoterms rules based on various influencing factors. Originality/value - This Study is different from previous research which has mainly focused on the rights and obligations of the parties to the transaction regarding the transfer of risks and costs under the Incoterms. In addition, this study has significance in that it provides implications for export and import companies that can be able to use Incoterms as a strategic tool to efficiently manage the global value chain and improve supply chain performance.

Analysis of the Current Status of NFT Art and Methodology on Utilizing Domestic Artworks (NFT예술 현황 분석과 국내 미술작품 활용방안 연구)

  • Lee, Ahn
    • The Journal of the Convergence on Culture Technology
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    • v.8 no.6
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    • pp.215-222
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    • 2022
  • This study summarizes the basic concepts of NFT art and analyzes trends in the domestic and international NFT market to provide a better understanding of the art form to suggest various ways to utilize the art in near future when social interests in technologies such as metaverse, block chain, and NFTs are continuously increasing. In addition, by examining the rapid development and process of blockchain technology in overseas markets, and confirming cases of information transfer to various metaverses such as cryptocurrency and NFT technology, the aim is to present a foothold for the future direction of national arts in general. To this end, in order to analyze consumers' perceptions and preferences, and to draw conclusions about current NFT arts at home and abroad, a survey was conducted on NFT awareness among participants of an art fair in Gwangjin-gu, Seoul. It is hoped that this study will become a cornerstone of research on NFT works and NFT art industry, which is becoming a global issue.

A Study on Expected Dispute Arbitration in Supply Chain ESG Management: Focusing on the cases of POSCO and NAVER (공급망 ESG 관리에서 예상되는 분쟁 중재에 관한 연구 - 포스코와 네이버 사례를 중심으로 -)

  • Lee, Geonwoo;Lee, Jungeun;Lee, Hunjong
    • Journal of Arbitration Studies
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    • v.34 no.1
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    • pp.75-101
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    • 2024
  • "ESG management" guides companies to prioritize corporate social responsibility and sustainable development as key management objectives, going beyond mere financial performance pursuits. This approach involves creating a sustainable and robust supply chain by urging companies, acting as 'supply chain managers', to implement ESG management practices alongside their 'supply chain partners'. The domestic business community has been quick to respond to this trend, recognizing that failure to adhere to ESG standards set by organizations such as the EU and SEC could lead to severe repercussions, including exclusion from international trade and reputational damage. POSCO and NAVER, two leading Korean companies, are at the forefront of practicing ESG management effectively. They have both produced and publicly disclosed ESG management reports, showcasing their success in enhancing supply chain ESG management. However, as supply chain managers enforce ESG-related obligations on their suppliers, the likelihood of disputes between the parties may increase. In scenarios where supply chain ESG management leads to conflicts between supply chain managers and suppliers, commercial arbitration emerges as a viable solution for dispute resolution. This method offers several advantages, including the arbitrators' expertise, time and cost efficiency, the binding nature of decisions akin to a court's final judgment, international recognition under the New York Convention, confidentiality, and ample opportunity for parties to be heard. Our analysis focuses on the emerging disputes between supply chain managers and suppliers within the context of supply chain ESG management, particularly examining the cases of POSCO and NAVER. By categorizing the expected types of disputes and assessing the appropriateness of commercial arbitration for their resolution, we highlight the effectiveness of this approach. Furthermore, we propose leveraging the Korean Commercial Arbitration Board's role to enhance the use of arbitration in resolving supply chain ESG disputes, underscoring its potential as a strategic tool for maintaining sustainable and harmonious supply chain relationships.

A study on the exemption of liability of air carriers (항공운송인의 손해배상책임 면제에 관한 법적 고찰)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.95-116
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    • 2015
  • Air transport agreement can be divided into air passenger contract of carriage and aviation also of the contract of carriage. And air carriers for damages greater (1) cause reason, of (2) limit reason, (3) exemption reason. Exemption reason for the extinction of the liability for damages in our Commercial Code, the Convention and domestic law are mixed. Convention on the Commercial Code and air transport, air transport people, if it is proved and that it has taken all the measures that are needed for the prevention of damage to overdue damage of passengers, liability is waived. So what was to achieve the requirements of all the actions that are reasonably necessary in any case is a problem. Amendment has the feature that the treaty for the International Air Transport reflect in accordance with the domestic situation, while being struck by international standards encompassing land, sea and air transport, even on the system. However, Commercial Code while mainly reflect the Montreal Convention governing air carrier's liability issues on the contract of carriage, a problem which the Convention had also began to occur together. So the problem due to accept the treaty to fit the domestic situation occurs. There is a need for analysis of all of the actions that are "reasonably necessary, which is defined in the Commercial Code. If there is no claim within Value Date rotor two years to air carriers on the court for the damage caused by air transport, the responsibility of air carriers disappear, sued the period of such two years, what kind of meaning on domestic law extension and stop to be whether it is interpreted, it should be determined to do their aggressive measures for the reasonable care and accident prevention.