• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.62
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• pp.33-53
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• 2014

This study examines the seller's liability for defects in title of goods under SGA. If the contracting parties choose SGA as a governing law, they should pay attention to whether a contractual stipulation for defects in title of goods is a condition or a warranty. It is because SGA divides contractual terms into a condition and a warranty. And its effects regarding a breach of a condition or a warranty are different. Under SGA s 12(1) as a condition, in a contract of sale, the seller has a right to sell the goods at the time of contract, and in the case of an agreement to sell, he will have such a right at the time when the property is to pass. Under SGA s 12(2) as a warranty, there is an implied warranty that (a) the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance and (b) the buyer will enjoy quiet possession of the goods as long as the buyer retains an interest in the goods. But the seller will not be liable if the third party unlawfully interferes with the buyer's possession.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.25
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• pp.211-241
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• 2005

Innovation resistance toward technology products such as e-Marketplace is an important concept in business to business marketing. But most of researches and literatures have not been focused on innovation resistance. Therefore, the objective of this paper is to confirm key factors that effects on the innovation resistance. Additionally this study will be revealed the factors affecting the innovation resistance to information technology of trade according to adopting stage. Based on the past literatures, the innovation resistance of users can be viewed as dependent on two sets of factors came from the study of Innovation Resistance Model(Ram, 1987):perceived innovation(e-Marketplace) characteristics and user(trading company) characteristics. Perceived innovation characteristics consists of relative advantage, compatibility, perceived risk, complexity, inhibitory effect on the adoption of profitable innovation. The user characteristics consist of innovativeness, beliefs and attitude toward existing trade method. And user adoption stage came from the study of Innovation Diffusion(Roger, 1995). To make it simple, this study divides group1(knowledge/persuasion/decision) and group2(implementation/confirmation). In the result of the empirical study, the hypothesis 1, hypothesis 2, hypothesis 4 were supported partially and hypothesis 3 was completely supported.

• Journal of the Korean Geographical Society
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• v.35 no.4
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• pp.503-518
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• 2000

분수계는 지형적 실체이며, 지역의 지형 연구 분야에서 자연적 경계로서 설정된다. 분수계는 수계, 산계, 유역등의 지형 요소들과 연관된다. 분수계의 지형 형성과 기능은 경사의 법칙, 구조의 법칙, 그리고 계층의 법칙으로 설명될 수 있다. 분수계는 구조적 형성과정과 기후적 삭박과정을 통하여 변화한다. 지형분수계는 능선분수계, 하천 분수계, 폐쇄 분수계, 세탈 분수계, 문턱 분수계, 세포형 분수계 등으로 유형화 될 수 있다. 지하수 분수계는 대개 지형의 기복을 반영하지만, 지역의 지질구조, 암서, 파쇄대 등으로 인하여 지형 분수계와 일치하지 않을 수 있다. 분수계의 법칙의 예외로서 설명되는 분수계의 일반적 단면은 선형이 아닌 대상 혹은 지대로서 나타난다. 분수계를 물의 흐름을 분리하는 곳으로 볼 때, 지형분수계는 지표면의 고도에 의해서 결정되며, 지하수 분수계는 지형, 지질 구조, 선구 조적 지형 요소들의 배열, 지층의 방향을 고려하여 결정된다.

• The Korean Society of Law and Medicine
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• v.11 no.2
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• pp.11-74
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• 2010

This article analyzes legal meaning and definition of medical practice examining Korean Supreme Court cases. Until now, there is no right answer about the meaning of medical practice and it is also hard to define of it. Moreover, not only Acts and regulations containing medical practice but also many cases ruling a person who practice medicine, the concept of medical practice involves various meanings. So, it has caused confusion. In order to solve this problem, this article divides the medical practice's meaning into range and nature within prohibition article of the Medical Act about unlicensed personnel who practice medicine. After providing a explanation of the meaning of medical practice according to amendment of the Act, this article disputes the meanings of the several cases following the amendment. And then analyzing non-medical person's unlicensed medical practice and medical person's unlicensed medical practice. In order to provide more accurate legal concept of medical practice when Korean government amends the Medical Act or making policies in this field, this classifying analysis approach should be needed. Looking at the result, in general, Korean Supreme Court has interpreted unlicensed prohibition clause of the Medical Act widely; not only non-medical person's unlicensed medical practice but also medical person's unlicensed medical practice. Therefore, this article suggests that the prohibition clause needs to be careful applying to non-medical practice. Because, in fact, even though there are some necessity of non-medical practice, there are no qualificatory or license system of non-medical practitioner in the Medical Acts or regulations forbidding whole non-medical practices. Furthermore, the Supreme Court has decided medical person's unlicensed medical practice too narrowly, thus it does not keep up with rapid change of medical development and people's demands these days. Regarding this subject, in order to take advantage of medical practitioners effectively and cope with increasing people's medical demands, this article proposes that medical person's unlicensed medical practice only to be prohibited in case of endangering our public health.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.95-118
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• 2015

This study examines the Buyer's Remedies in respect of Defects in Title under SGA. As SGA divides contractual terms into a condition and a warranty, its effects regarding a breach of a condition or a warranty are different. Where a stipulation in a contract of sale is a condition, its breach may give rise to a right to treat the contract as repudiated and to claim damages. Where there is a breach of a warranty in a contract of sale, the aggrieved party may have a right to claim damages. Regarding a breach of a condition under SGA s 12(1), although the buyer may have his right to terminate the contract, he may lose that right when he accept or is deemed to have accept the goods by intimating his acceptance to the seller, acting inconsistently with the ownership of the seller, or retaining the goods beyond a reasonable time without rejecting them. Furthermore, the buyer may claim the estimated loss directly and naturally resulting from seller's breach. SGA contains the principle of full compensation and so the suffered loss and the loss of profit are compensable. As to specific performance under SGA, the court has been empowered to make an order of specific performance to deliver the goods in conformity with the terms of the contract and so it is not a buyer's right. This order should be made only where the goods to be delivered are specific or ascertained goods and the court must think fit to grant the order. However, among these remedies, the buyer cannot have the right to terminate the contract where there is a breach of warranty by the seller under SGA s 12(2).

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.63-89
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• 2014

In 1976, the Dalkon Shield-intrauterine device injured several thousand women in U.S.A. which caused the changes of medical deivce regulation. The Medical Device Regulation Act or Medical Device Amendments of 1976 (MDA) was introduce. As part of the process of regulating medical devices, the MDA divides medical devices into three categories. The class II, and III devices which have moderate harm or more can use the section 510 (k), premarket notification process if the manufacturer can establish that its device is "substantially equivalent" to a device that was marketed before 1976. In 21 U.S.C. ${\S}$ 360k(a), MDA introduced a provision which expressly preempts competing state laws or regulations. After that, the judicial debates had began over the proper interpretation and application of Section 360(k) In February 2008, the U.S. Supreme Court ruled in Riegel v. Medtronic that manufacturer approved by the Food and Drug Administration (FDA)'s pre-market approval process are preempted from liability, even when the devices have defective design or lack of labeling. But the Supreme Court ruled in Medtronic Inc. v. Lora Lohr that the manufactures which use the section 510 (k) process cannot be preempted and in Bausch v. Stryker Corp. that manufactures which violated the CGMP standard are also liable to the damage of patient at the state courts. In 2009, the Supreme Court ruled in Wyeth v. Levine that patients harmed by prescription drugs can claim damages in state courts. This may cause a double standard between prescription drugs and medical devices. FDA Preemption is the legal theory in the United States that exempts product manufacturers from tort claims regarding Food and Drug Administration approved products. FDA Preemption has been a highly contentious issue. In general, consumer groups are against it while the FDA and pharmaceutical manufacturers are in favor of it. This issues also influences the theory of product liability of U.S.A. Complete immunity preemption is an issue need to be more declared.

• The Korean Society of Law and Medicine
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• v.24 no.1
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• pp.131-155
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• 2023

Medical act divides unlicensed medical practice into medical practice by non-medical practitioners and unlicensed practice by medical practitioners. In the past, it was a common approach to strictly distinguish between western and Korean medicine, but the Supreme Court's Decision of December 22, 2016, Do. 21314, provided a new direction regarding the criteria for determining whether a Korean medicine practitioner is acting outside license. This paper analyzes the new criteria in detail, examines the significance of the new criteria, and explores its impact on the dualistic medical system. The difference between the new criteria and the previous criteria in the precedents is that the judgment is not based on the connection between Korean medicine principles and Western medicine principles. It is an advanced standard that actively accepts the overlap and variability of medical practice, moving away from dichotomous thinking that exclusively distinguishes between Korean medicine and Western medicine.

• Korea Trade Review
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• v.47 no.1
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• pp.131-144
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• 2022

This study primarily concerns the Model Contract for International Sale of Manufactured Goods recently published by International Chamber of Commerce in 2020. To this end, this study examines the importance of the ICC model contract and its main characteristics, and considers in what form the contract is composed of and the scope of its application by classifying it according to the object of the contract, the subject and type of the transaction. In addition, this study divides the main contents of the ICC model contract into special conditions and general conditions, and attempts to scrutinize details of each condition in connection with the United Nations Convention on Contracts for International Sale of Goods(1980) as a governing law taken by the ICC model contract. Furthermore, this study puts forward, on the basis of the detailed examination of main conditions of ICC Model Contract, practical implications on what the parties to the contract should be aware of when using the ICC model contract.

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.73-86
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• 2011

Today's arbitrations see themselves as the most effective scheme for dispute resolution in a variety of transactional context. While some kind of ADR system was already introduced in Korea as of 2007 with revision of the Consumer Basic Law, consumers' needs in dispute resolution remain unmet. Recently one consumer arbitration case divides the U.S. Supreme Court. Of course, the result of the case is expected to affect tens of millions of arbitration agreements in the States which has the most developed scheme in consumer arbitrations. While Arbitration clauses in adhesion contracts are not automatically held to be substantively unconscionable, Class action waivers are one of the most controversial issues in consumer arbitration. In this study, with the theoretical background of consumer arbitrations general, and contractual defenses against adhesive contracts, reviewed are U.S. federal courts' attitudes toward certain consumer arbitration agreements including the class arbitration waiver. Moreover, several issues in AT&T case are examined for practical implications for consumer dispute resolution. All of these are expected to initiate further research to find some guidelines for the proper status and operation of consumer arbitration here in Korea.

• Asia pacific journal of information systems
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• v.13 no.4
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• pp.229-255
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• 2003

This article attempts to examine the well-known law that the increasing returns to scale(IRS) is effective in the Internet business. The effect of IRS is one of the hottest issues in the Internet business sector. Many cases and survey studies support the fact that the IRS phenomenon exists in the Internet business. Executives in Internet business generally give a deep trust on this theory. As the Internet business grows, however, the boundary of the business becomes widened and complicated. And each category of Internet business is characterized with a different business style and economic behavior. It may, therefore, be dangerous to accept that the phenomenon of IRS is applied to all areas of Internet business. For this reason, the research for the close look into the IRS phenomenon should provide significant implications for the managers in the Internet business industry. This article divides the internet business into four sub-areas, and analyzes the IRS phenomenon using AHP/DEA-based full ordering technique. Interpretations are given, based upon the research results, for each sub-area of Internet business, as a guideline of setting business strategies for practical managers.