• 무역상무연구
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• 제61권
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• pp.57-90
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• 2014

International sales contract, in general, is concluded through the exchange of written forms which contain each of their own business terms and conditions among the contractual parties. To illustrate, A sends the other an offer on A's general terms and conditions of business and B accepts the offer subject to the use of B's own general terms and conditions. Where the two sets of terms and conditions do not coincide, the question may arise whether the parties(A and B) have contracted and, if so, whose general terms and conditions apply. This situation is referred to as "the battle of forms". This article would try to make, in terms of the battle of forms, a comparison between the classical perspectives and opinions which are based on the principle of the English Common Law and the modernistic perspectives and opinions which are applied to the provisions in the UCC, CISG, and PICC. Therefore, the aim of this article is to provide the increase self-consciousness with respect to the battle of forms between the contractual parties that may frequently happen in the international business transactions and will pave the way for further research in the future.

• 무역상무연구
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• 제42권
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• pp.211-245
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• 2009

In this paper we firstly review the developmental stages of the Chinese civil aviation industry since 1949 and the background history of the Chinese Civil Aviation Law of 1996. We secondly analyzed the main terms and conditions about the Chinese civil aviation law and pointed out several problematic issues in view of the development of the Chinese aviation industry. Current civil aviation law in China has been in effect for the last 12 years. In these periods, Chinese civil aviation industry has developed in a high speed and great changes have occurred in its market environments. Thus, some of the terms and conditions in current civil aviation law in China have become outdated and unsuitable for the current developmental stage of the Chinese civil aviation industry. Therefore, we proposed some directions of the future amending of the Chinese Civil Aviation Law.

• 무역상무연구
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• 제17권
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• pp.7-35
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• 2002

In many international financing transactions Korean companies are required to issue a guarantee. Thus far, however, legal issues on international guarantees have not been fully discussed in Korea. This is partly because most of the international guarantees are governed by a foreign law such as English law or the laws of the State of New York. In this articles the author examines major concepts or terms and conditions of a typical international guarantee, e.g., language on consideration, primary obligor, joint and several guarantee, unconditional and irrevocable guarantee, continuing guarantee, right of subrogation, representations and warranties, covenant or undertaking, currency indemnity, assignment, participation, governing law and jurisdiction clause, etc. For reference, standard forms of a guarantee and a standby letter of credit are attached to the article. In examining the terms and conditions, the author compares them with similar or equivalent concepts under Korean law. The author further discusses some Korean law issues that may arise under international guarantees governed by a foreign law. These issues include the application of the ultra vires doctrine under Article 34 of the Civil Code of Korea, the validity of an international guarantee which a Korean company has issued in violation of the guarantee ceiling set under Article 10 of the Law on Monopoly Regulation and Fair Trade of Korea and the validity of an international guarantee which a Korean party has issued in violation of the Foreign Exchange Transaction Law. In addition, the author discusses some issues under a so-called independent guarantee and a standby letter of credit. In this regard, reference is made to the Uniform Rules for Demand Guarantee (URDG), International Standby Practices (ISP98) and the Convention on Independent Guarantees and Stand-by Letters of Credit adopted by the United Nations in 1995. Finally, the author examines major terms and conditions of typical comfort letters and discusses some legal issues, such as the binding force of the comfort letter. In dealing with the issues the author underscores that to the extent the issues are not properly dealt with by an international norm such as Uniform Customs and Practice for Documentary Credits or ISP 98, the issues must be analyzed by reference to the governing law of the relevant instrument.

• 한국중재학회지:중재연구
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• 제25권3호
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• pp.135-154
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• 2015

The European Union has adopted the ADR Directive and ODR Regulation in 2013 with the purpose to strengthen the e-commerce within the EU. Not covered by these legislations is the trade in the B2B sector. The author examines the question of whether online ADR under the currently applicable legal framework would be possible in Germany. At the center of his review is the possibility of an arbitration clause which refers exclusively to an online ADR scheme, may be included in the General Terms and Conditions of an online trader.

• Journal of Korea Trade
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• 제24권6호
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• pp.19-36
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• 2020

Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.

• 한국콘텐츠학회논문지
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• 제21권3호
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• pp.626-633
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• 2021

주택도시보증공사는 주택분양보증 사고발생시 환급이행을 신청할 경우 분양계약자에게 특별한 사정이 없는 한 입주금을 환급하여 보증 책임을 부담한다. 주택도시보증공사는 환급이행을 약관규제법에 근거하여 거절할 수 있으나 이와 관련하여 이해 당사자 간에 분쟁이 지속적으로 발생되고 있다. 이에 환급이행에 따른 법적쟁점에 대한 문제점과 개선방안을 연구하는 것을 목적으로 한다. 첫째, 약관규제법상 보증효력 및 보증범위의 문제 둘째, 주택도시보증공사의 조건부 제3자를 위한 보증계약의 문제 셋째, 대법원의 기존 판례의 태도의 문제점을 대상으로 검토하였다. 이런 법적 쟁점들을 검토한 결과 환급이행에 따른 약관해석은 신의 성실의 원칙에 따라 해석되어지고 있으나 개별 사안에 따라 판례들이 긍정과 부정 판결로 갈라질 수 있음을 확인하였다. 또한 주택분양보증은 조건부 제3자를 위한 보증계약임에도 불구하고, 이해 당사자와 같은 적극적 다툼으로 수분양자가 선의의 피해를 보는 것을 확인하였다. 이에 주택도시보증공사가 고객의 주거안정을 위한 설립취지에 맞도록 역할과 협력사항의 개선방안을 제안하였다.

• 무역학회지
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• 제48권3호
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• pp.243-262
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• 2023

본 연구는 스마트 무역계약의 체계적 문헌고찰을 통해 스마트계약과 블록체인 기술을 활용한 무역계약의 디지털화와 자동화에 관한 연구 동향과 이론적 배경을 파악하고, 기술적 측면과 법적 측면에서의 도전 과제와 해결 방안을 분석하였다. 스마트 무역계약은 블록체인을 기반으로 한 자동화된 계약 시스템의 개념을 무역과 관련된 거래에 적용한 것이다. 기술적 측면에서는 스마트계약 플랫폼의 개발, 블록체인 네트워크의 확장성과 성능 개선, 보안 및 개인 정보 보호 등을 다루었고, 법적 측면에서는 스마트계약의 법적 구속력, 계약 조건의 자동 이행과 이의 실현 가능성, 계약 당사자의 책임과 의무 등을 다루었다. 스마트 무역계약은 국제무역, 공급망 관리, 금융, 보험, 에너지 등 다양한 산업 분야에서 적용 사례가 발견되고 있으며, 이를 통해 무역금융의 용이성과 공급망의 효율성 향상, 비즈니스 모델 혁신에 이바지할 수 있는 것으로 확인되었다. 그러나 스마트 무역계약의 한계점으로는 법적 규제와의 상호작용 문제, 기술적 측면에서의 도전 과제 등이 있으며, 후속 연구에서는 실증 연구, 비즈니스 모델 혁신, 법적 쟁점 해결, 보안과 개인 정보 보호, 표준화와 협력, 사용자 경험 연구 등 다양한 측면을 고려해야 할 것으로 판단된다.

• 보건행정학회지
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• 제30권2호
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• pp.151-163
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• 2020

This study reviewed primary care purchasing issues of the Indonesian single-insurer, BPJS-K, in the context of triangular power relations between the government, the insurer, and the providers, and considered its challenges of purchasing as the national single-insurer. Some literature reviews and interviews with Indonesian stakeholders and residents were used to describe the historical and social contexts of Indonesian healthcare and social health insurance systems especially focusing legal and institutional status of BPJS-K and primary care provision and delivery conditions in remote areas. Though BPJS-K directly belongs to the presidential office of Indonesia, it has limited power in terms of purchasing as a single insurer. Mainly it was due to the lack of primary care resources, Ministry of Health's strong power as the regulator and provider, and BPJS-K's powerlessness against monitoring and quality of care assessment. Ambiguous accountability was another issue among the insurer and the Ministry of Health. This created confusions in primary care provision. It is suggested that each agencies' accountability should be obvious in terms of legal, political, and social contexts.

• 한국프랜차이즈경영연구
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• 제13권4호
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• pp.23-37
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• 2022

Purpose: The Korean franchise market has undergone drastic growth in recent years. Followed by expansion of franchise business types, relevant legal matters have diversified. Compared to conventional economic laws that focused on resolving problems related to unfair transactions between franchisors and franchisees, more diverse labor laws have emerged recently due to governance and economic dependencies of franchise structure. However, it was found that the business environment of franchisees and working conditions of franchisee employees have not changed accordingly due to the unique structure of franchise business. Though franchisees are entrepreneurs independent from franchisors, they are still under franchising contract with the franchisors. For instance, employees of franchisees have been exposed to malpractices in regard to pay, time, and other working conditions. These malpractices may show the ineffectiveness of current labor laws. Labor management is an important issue for sustainability of franchise businesses. Negative publicity of franchises generated from violating relevant labor laws may have significant negative impact on overall image of franchised brands. However, franchisors should not hold franchisees fully responsible for legal violations in terms of labor management but strive to prevent relevant risks. Thus, the recent amendment in labor law related to increased minimum wage and reduced worktime have called for more attention to effectively implementing the law. Research design, data, and methodology: This study was conducted through a review of franchise-related laws and various institutions and policies. Results: It is further needed for all parties, including franchisors, franchisees, and franchisee employees, to take collaborative actions to improve working conditions of franchisees. Therefore, this study aims to propose appropriate and effective response plans toward recent changes in the Minimum Wage Act, while strengthening sustainability of franchisors, franchisees, and their employees. Conclusions: The proposal mainly contains plans regarding profit-related aids and profit sharing/cost reduction strategies for franchisees, as well as collective bargaining in the franchisor-franchisee relation. More detailed suggestions are included. Conclusions: This proposal may help franchisors and policymakers develop business plans and policies in improving business conditions of franchisees and working conditions of franchisee employees.

• 한국농업기계학회:학술대회논문집
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• 한국농업기계학회 1996년도 International Conference on Agricultural Machinery Engineering Proceedings
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• pp.906-917
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• 1996

This study was conducted to find possible application areas of the by-products generated from the incineration of rice husk. To this end, a pilot-scale rice husk incinerator system was constructed and its performed test was carried. Major findings are summarized as follows. 1. The rice husk incinerator system developed in this study performed satisfactory in terms of thermal efficiencies. At the optimum operating conditions, thermal conversion efficiency and heat exchanger efficiency was 97% ad 60%, respectively, while overall thermal efficiency of the system was 58%. Under all conditions tested, temperatures in the combustion chamber were quite uniform and crystallization of SiO$_2$ in the ash was negligible. 2. NOx and SOx content in the flue gas was well below the legal limit but the CO concentration was around the legal limit. 3. Thermal energy from combustion was successfully recovered by a heat exchanger to provide hot water, ash was found a good supplementary cementing m terial, and the flue gas also was an acceptable $CO_2$ supplier to greenhouses.