• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.13
• /
• pp.515-536
• /
• 2000

This study analyzes the U.S. case law which challenges the legal conclusions of the district court with respect to the applicability, and effect, of the doctrine of waiver and estoppel in addition to the doctrine of documentary cure. The impliations are as follows. First, the documentary cure requirement can not be interpreted to mean early enough to allow the beneficiary to cure and represent the documents before the presentment deadline or expiry date of letter of credit. The mere fact that the presentment period expired before the completion of bank's review and notification process does not compel any conclusion about whether the examiner spent a reasonable amount of time examining the documents. Indeed, the reasonable time requirement does not imply that banks examine a presentation out of order or hurry a decision based upon particular needs or desires of a beneficiary. Secondly, even if the doctrine of waiver can apply to letter of credit governed by the strict compliance standard, a one-time acceptance of discrepant documents by a bank does not waive the bank's right to insist upon conforming documents in all subsequent letter of credit transactions between the bank and beneficiary. Revised UCC Article 5 is highly persuasive on this point: waiver of discrepancies by issuer or an applicant in one or more presentation does not waive similar discrepancies in a future presentation. Neither the issuer nor the beneficiary can reasonably rely upon honor over past waivers as a basis for concluding that a future defective presentation will justify honor.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.53
• /
• pp.49-74
• /
• 2012

This study primarily concerns the seller's right to require performance under the United Nations Convention on International Sale of Goods(1980) (here-in-after the CISG). By virtue of art. 62 of the CISG, the seller may require to pay the purchase price, take delivery or perform his other obligations. The right is known as a process whereby the aggrieved seller obtains as nearly as possible the actual subject-matter of his bargain, as opposed to compensation in money for failing to obtain it. The study describes and analyzes the provisions of the CISG as to the seller's right to require performance, focusing on the questions of what the seller can require the buyer to perform, and what the restrictions of his right to require performance are. It particularly deals with main controversial issues among scholars as to whether art. 28 of the CISG is applied to the seller's action for the price and so that it opens the door domestic traditions and national preconditions that prevent judges and enforcement authorities in some contracting states, and whether the seller's to require performance is subject to the duty to mitigate loss within the meaning of art. 77 of the CISG. On the basis of the analysis, the study puts forward the author's arguments criticizing various the existing scholars' views. In addition, this study provides legal and practical advice to the contracting parties when it is expected that the CISG is applicable as the governing law.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.40
• /
• pp.3-30
• /
• 2008

This article attempts to describe and analyze the rules on the buyer's remedies for lack of conformity under PELS. It shows that such remedies under the PELS operate in a two-tier remedial scheme which is alien to both domestic and international legal systems. That is, repair and replacement take the position of primary remedy, whereas termination, price reduction and damages are secondary remedies which are available only where the primary remedies cannot be invoked. Notwithstanding its superiority, the PELS have some drawbacks in several aspects. First, the PELS seems to place its focus on the factor of cost except the other factors, for instance, the significance of the lack of conformity, when one decides whether the first tier remedies cause the seller unreasonable effort or expense. It is argued that the factors can be considered by referring to art. 1:302 PECL. Second, the PELS does not expressively provide any exclusion of the seller's right to choose between repair or replacement on the basis of unreasonable uncertainty in reimbursing the expenses advanced by the buyer. It argues that if there is such uncertainty, it should be regarded as causing the buyer an unreasonable inconvenience under art. 4:204(1). Third, the PELS does not seem to properly reflect the consumer's interests in that most consumers prefer to have the absolute right of termination as against the commercial sellers who have a relatively stronger bargaining position. The reasons for that is that there is a big hurdle, i.e., a hierarchy of remedies, to be overcome by the consumer to battle with the commercial seller, and that unavoidable vagueness in defining a minor lack of conformity has been often used against the consumer, but in favour of the commercial seller with a strong bargaining position.

• International Commerce and Information Review
• /
• v.3 no.2
• /
• pp.215-233
• /
• 2001

Nowadays, the international economic environment has been improved by the World Trade Organization based on UR trade negotiation. In such state, the international commerce cooperation, which means trade liberalization through relaxation or abolition of customs and noncustoms harrier, is necessary a country's policy for overseas strategy. To the view point of international commerce order, there co-exist the globalism represntatived by GATT/WTO and the regionalism operated by European Community including 15 countries, or North American Zone with canada, Maxico. The former expands the trade liberalization through the most favoured nation treatment of WTO among whole world nations and the latter takes the differential trade policy to other countries. For extreme dependence on foreign natural resources and raw materials, Our country should strengthen it' comming prospect for the world economy. To put it more concrete, We must enforce in advance the legal basis of convention and norm which in adopted by WTO. Also we are desirable to cooperate with Asia and pacific economy area or APEC. Finally, under the direction of international commerce environment and world economy, we must take the commerce cooperation in global order considering the tendency of regionalism and bloc economy.

• Journal of Navigation and Port Research
• /
• v.28 no.5
• /
• pp.359-364
• /
• 2004

When sea going vessel approaches her destination port, marine traffic density is increased, especially, the marine traffic is concentrated in the entrance channel and the fairway in the inner harbour is more narrow. Therefore, special navigational rules for preventing collision at sea is needed in the inner harbour. Hence there are the rules in The Public Order in Open Port Act in Korea But, in the case of conflict of navigational rule concerned, it is possible to be raised a question that which rule shall be applied preferentially. Also, it is necessary to understand the exact meaning of the navigational rules in The Public Order in Open Port Act. Because the misunderstanding of the rule is caused the collision Therefore, this paper aims to discuss the exact meaning of the navigational rule concerned in the view of legal basis and suggest the principles for a proper application of it.

• Journal of Navigation and Port Research
• /
• v.34 no.6
• /
• pp.459-470
• /
• 2010

It is necessary to prepare a plan to accommodate the International Convention in domestic law, focusing on the new duties for the Coast Guard as they pertain to the field of ship recycling, by studying the key issue of the "HONG KONG International Convention for the Safe and Environmentally Sound Recycling of Ships" of the International Maritime Organization(IMO) and through analyzing the current status of the Coast Guard. The Coast Guard is directly responsible for the protection of the marine environment and takes charge of important duties; Therefore, by instituting a legal basis for its new duties, it will not only create new business but also be able to consolidate its role as an important constituent in the sphere of marine conservation and protection.

• Land and Housing Review
• /
• v.9 no.2
• /
• pp.33-40
• /
• 2018

Korea seems to have introduced the legal basis for supporting and revitalizing the 6th industry since about 2010. Problems such as lack of systematic support system, inadequacy of cooperation and cooperation between ministries, and poor efficiency have been raised. Also, there is a lack of information on the designation, development method, participant, and management plan of the 6th industrial complex. In this study, we review prior researches and cases related to the 6th industry and examine how to efficiently create the 6th industry-specific complex by analyzing the requirements of customers for the enterprises, residents, professionals and officials of the metropolitan area and non-metropolitan areas. As a result of the questionnaire survey, some suggestions for the establishment of the 6th industry specialization complex were drawn. First, 77.5% of the total requires a combination of public and mixed use, which can be expected to have positive effects such as sharing development gains with local residents and improving resettlement of local residents. Second, the 6th industrial complex should be harmonized with the 1st, 2nd and 3rd industries. However, unlike the standardized land use plan of existing industrial complex, it is necessary to expand the distribution and sales space to reflect the demand for tertiary industry. It is also necessary to consider measures for securing primary industrial sites or securing primary industrial sites through external procurement. Third, it is necessary to establish and operate a plan reflecting rent and rental demand after leasing for a certain period.

• Korean Journal of Community Nutrition
• /
• v.15 no.5
• /
• pp.603-613
• /
• 2010

Nutrition education in elementary school is confronted with the present problem, as a legal basis about obligation of nutrition education in school was clarified. Moreover, it's also important for providing evidence based scientific resources to make a study of evaluating the education effectiveness. Most studies of the nutrition education effectiveness have evaluated the changing dietary attitude and nutritional knowledge score before and after the nutrition education, and suggested the effectiveness of intervention as changing between pre- and post-treatment. Nutrition education, however, purposing long-term changes, follow-up evaluation process about the learned attitude and knowledge of nutrition education were requested. For these reasons, this study attempted to fulfilled standardized nutrition education program which use "Na Story and Food World" and "Na Story for Me", a textbook for the 1st-3rd grade and 4th-6th grade designed by KFDA, and analyzed the changes about the effectiveness of nutrition education happened over a period of time. In this study, each student was assessed their dietary attitude and nutritional knowledge by four periods, before the education, right after the education, after 3 months, and after 6 months. As a result, an average score of nutritional knowledge before the education, $70.08{\pm}17.91$, were changed significantly higher right after the education to $85.69{\pm}15.05$ (p < 0.001), but it lowered to $84{\pm}15.56$ after 3 month. After the nutrition education, students in all grades had positive dietary attitude to Na reduction (p < 0.001). However, the healthy eating attitude about Na reduction had been unable to maintain after 3 and 6 months. Therefore, the systematic reeducated program in elementary school was positively necessary to reinforce children's learning and cognitive skills to maintain healthy eating knowledge and attitude toward Na reduction.

• Journal of the Society of Disaster Information
• /
• v.11 no.1
• /
• pp.63-72
• /
• 2015

This study aims to examine the state of accidents and related issues related to Theme Groups experiential learning experiences of students and suggest ways to improve security measures to prevent future incidents. Case studies of the sunken Sewol ferry and the collapse of the gymnasium at Mauna resort in Gyeongju are conducted by analyzing the existing literature and the data collected from the media sources and related agencies. With a basis on the findings of the analyses, it is suggested that legal foundation and disaster and risk management systems (systematic revision of the laws, raised safety awareness among citizens, production and education of security managers, formation of disaster management organizations, establishment of headquarters in case of emergency and installation of first aid facilities, improved national response system, enforcement of disaster drills, introduction of assessment system, etc.) must be established to contribute to creating a safer society.

• Review of Korean Society for Internet Information
• /
• v.14 no.3
• /
• pp.68-77
• /
• 2013

This article consists of 3 parts. Part I is multi stakeholder approach on Internet governance system. Part II is analysis of the Korean Internet governance system. In this part, I explain relevant laws in Korea, including Korean Internet Address Resources Act. Part III is my suggestion on Korean Internet governance system using a multi stakeholder approach. First of all, the keyword of the Internet governance system is decision making process: that is, consensus based versus top-down approach. Then who are major players in Internet governance in national level? Government, or Private sectors such as business and civil society. Korean legal system for Internet governance shows a top-down decision making process. Major players are the government (that is, Ministry of Science, ICT and Future Planning) and KISA affiliated with the government. Other players include Internet Address Policy Committee, Korea Internet Governance Alliance, and NGOs. The key statute for Internet governance in Korea is Internet Address Resources Act of 2004. Articles 3 and 5 require the Ministry of Science, ICT and Future Planning to take a proactive role in Internet governance. The government shall consult with the Internet Address Policy Deliberation Committee for Internet governance. Yet this Committee is established under the control of the Ministry of Science, ICT and Future Planning. All members of this Committee are also commissioned or nominated by the Chairman of the Ministry. Meanwhile, there are also non-official organizations, including Sub-committee on Address & Infrastructure of Korea Internet Governance Alliance. I suggest to reform decision making process of Korean Internet governance system based on BOTTOM-UP process for CONSENSUS BASED DECISION. My suggested system includes the following: (1) The government hands over a major role in Internet governance to INDEPENDENT Internet policy organization. And the government participates in such organization as ONE of the players. (2) Nomination of this committee member must be bottom-up process for a genuine multi-stakeholder model including civil society, commercial organization, end-users and experts. (3) The government should establish plan for supporting the private sector's international activity on the long-term basis.