• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.26
• /
• pp.35-86
• /
• 2005

International distributorship contract(IDC), as well as international agency contract is a type of contract which is most frequently used in international trade. But one of the main difficulties faced by parties of IDC is the lack of uniform rules for this type of contract. This means that both parties should be careful about each clause of the contract when they draw up it. The ICC prepared model form which incorporates the prevailing practice in international trade, and which aims at protecting and balancing the legitimate interests of both parties. This author examined the several important clauses in this model contract. The purpose of this examination is to help the contracting parties for better understanding and applying them in their actual contracting practice, which based on this model contract. When the supplier and the distributor execute their contract or use ICC Model Contract, they should be careful about the following points: First, some terminologies(like, "territory", "product", "competing products" and "exclusivity") should be clearly defined in their contract. Second, regarding the supplier's functions including "supplying products" and the distributor's responsibility including "undertaking not to compete", and "attaining guaranteed minimum targets", both parties should make clear about each party's right and obligation as well as one party's remedies available when other party makes breach of its obligation. Third, both parties should examine the relationship between the "exclusivity" or "sole" and competition law which is regarded as a mandatory rule in the territory. Forth, when both parties lay down "termination clause" in the contract, they should make clear about the indemnity in case of termination. Fifth, as there is not uniform law for the distributorship contract, it is inevitable to choose any local law as an applicable law in case of litigation. So both parties should keep in mind to insert arbitration clause to avoid the application of the local law. Besides, both parties should consider their individual and specific circumstances and try to reflect them in their contract by Annex I to XI attached to the end of model contract.

• The Korean Society of Law and Medicine
• /
• v.14 no.1
• /
• pp.209-236
• /
• 2013

The concept of expectation rights considers 'the expectation' that the patient should be given proper medical treatment as the benefit and protection of the law, so it would be the benefit and protection of the law due to personal rights different from 'the legal principle that has the possibility to a considerable extent' being in an extension of life and body. However, the problem how the patient's expectation of medical service sets up in order to make it the benefit and protection of the law would be still left in the vague concept of the patient's 'expectation', thus, in the first place, the medical practice following formed medical standard in every particular medical institutes should be the standard because these medical services are normally within a range of the patients' expectations. In addition, it should be naturally constituted as mental profit to get the subjective circumstances such as 'the patient's expectation' to be an object, and also, different from the profit and protection of the law such as life and body that should be absolutely protected, the origin of violation behavior should be regarded simultaneously to define the denotation of expectation rights. Therefore, the expectation rights violations would be problematic in case it fails to reach the medical standard that is expected for common doctors to practice properly. This is the concept of expectation rights that gets subjective matters such as the patient's expectation to be objectivity as medical practices that can be expected by generalized abstract doctors. This standard should be defined as the minimum standard that is naturally expected for doctors to practice, different from medical standard that decides the level of doctors.

• Journal of Families and Better Life
• /
• v.9 no.2
• /
• pp.303-322
• /
• 1991

The aim of present study was to explore there were relationships among familism(collectivism vs. individualism), filial responsibility, and helping behavior of the middle-aged women towards parents. The respondents were 552 married women in their thirties, forties and fifties. OK Sun-hwa(1989)'s Seelbach (1978)'s, Cicirelli (1983)'s and Chang Sun-ju(1989)'s scale were utilized to tap the familism, filial responsibility, and helping behavior of the middle age daughter and daughter in low respectively. The major results of the study were summerized as follows; 1) Married women perceived relatively high levels of familism and filial responsibility and a moderate level of helping towards their parents and in-law parents as well. Among the demographic variables, education, income and age of the married daughters and daughters-in-law were found to be correlated to both familism and filial responsibility of support for their parents, Also, education and age were negatively related to helping behaviors. 2) Marred women reported similar levels of filial responsibility of support towards parents in law and their own parents, However significant difference were found between the amounts of helping behavior towards parents-in-law and their own parents. 3) Regression analysis revealed that living arrangement(living with parents or not ), the level of filial responsibility , and education level provided to be significant predictors on the helping behavior towards parent-in-law explaining 46% of the total variance. On the other hand, filial responsibility , living pattern, and income level for the parents were powerflu in predicting helping behavior towards their own parents accounting 24% of the total explained variance. 4) A path analysis model indicated that while educational level and living arrangement influenced directly to helping behavior toward parent-in-law, living arrangement, income level of parents and familism were directly associated with helping behavior for parents of their own. Therefor , helping behavior of the middles aged women was significantly mediated by familism and filial responsibility for support towards both parents-in-law and their own parents.

• International Commerce and Information Review
• /
• v.11 no.4
• /
• pp.47-73
• /
• 2009

Electronic Commerce has become the leading method of business in many countries. And related laws are being established and is operating in Korea and China. In this circumstance, Korea's electronic signature law was enacted on February 5, 1999, and has been applied from July 1, 1999. But China's electronic signature law was enacted on August 28, 2004, and has been formally applied from April 1, 2005. This paper is to drive problems of the electronic signature system and law and to show the whole point to be considered in enterprise and the present status of internal and external service under the basis of electronic trade. The purpose of this study aims to present a comparative analysis on the Korean and Chinese electronic signature system and law. In addition to, another point of this paper is suggestions for improvement of legal problem.

• Development and Reproduction
• /
• v.26 no.4
• /
• pp.183-190
• /
• 2022

Today's Eastern philosophers try to use the formal logic organized by Aristotle, saying that there was no logic in the East. This researcher found that Confucius and other Asians used Che-Yong logic. The Che-Yong logic is based on the Che-Yong law, which is a natural law. The Che-Yong law consists of the Che-Yong principle and the Hyeon-Mi principle. The Hyeon-Mi principle is that if there is an appearance on the outside, there is a corresponding cause in it. The Che-Yong principle is that the highest common cause of various appearances is Che, and the Che grows and changes on its own to become a Yong. Identifying Che and predicting Yong is Che-Yong logic. Here, I'd like to introduce Che-Yong logic and suggest a new research methodology to apply it.

• Journal of Arbitration Studies
• /
• v.12 no.2
• /
• pp.153-184
• /
• 2003

‘Schiedsgutachten’ is more of a law phenomenon that appears frequently in privity of contract rather than a concept that is .generally established in the positive law. There is no definition of this in the positive law which makes it difficult to put a finger on the concept but when the concerned party of the conflict puts the establishment of a fact that is a premise to the legal relationship or the right about the legal right's content or the supplementation of the legal relationship to a third party and makes an agreement to follow the third party's judgement, the process is called the contract of schiedsgutachten. At this point, the judgement of the third party is called the schiedsgutachten. This thesis strives to search for an activation of the schiedsgutachten system in Korea by analyzing and researching the systems in various European countries including Germany where the above mentioned schiedsgutachten system is relatively well-developed. First of all, the three types of schiedsgutachten in the German law will be looked into. Based on this, the theories and judicial precedents of Swiss law, French law, Italian law, and British law will be looked into as well. By doing this, similarities and distinction standards between the various countries' legal systems will be further analyzed. Along with this, the legal qualities and the binding power of the schiedsgutachten will be searched out. In Korea, the term schiedsgutachten itself is not customary as the system itself is not actively being carried out. However, in car damage compensation lawsuits which occupy a big percentage, if the schiedsgutachten system were to be used, the problem would be easily solved without progressing to lawsuits. Korea should actively seek out this system with the various models of different countries including Germany which has been introduced in this thesis as a model.

• The Korean Journal of Air & Space Law and Policy
• /
• v.3
• /
• pp.233-258
• /
• 1991

This paper examines current developing status of space law as defined in terms of its unique principle that "the utilization of outer space for all mankind's interest". As commercialization of space activities has brought about heated debate on its legitimacy with respect to that principle, space law has come to witness a dual situation. One is the realization of that principle in establishing commercial space activities system where all mankind's interest is respected through the non-discriminatory distribution mode of space benefit. In satellite telecommunication system, the INTELSAT Organization assures its public service policy while protecting itself against a competition from separate systems. For remote sensing, commercialization of LANDSAT Systems promoted since 1984 seems not to affect present non-discriminatory distribution of data and information obtained. On the other hand, active participation of private entity aiming at commercial profit enables national government to manage more effective control and supervision of those activities with a view to promoting national interests. Also, newly developed private rules and regulations are emerging in business relations about commercial space activities. Extended capacity of national government assuring its national interest in production and distribution of international resources that is outer space, and regulation of space activities by newly developed rules and customs provoke a concern about a identity problem of space law. The best way to summarize this perspective might consist in saying that non space law regulations, which are not assumed as aiming at the promotion of all mankind's interest, are confirming their role about space related activities. For those reasous, we are now facing a developing status of space law as developments of commercial space activities continues.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.42
• /
• pp.275-305
• /
• 2009

Marine insurance contracts, which intended to provide indemnity against marine risks upon the payment of price, known as a premium, originated in Northern Italy in the late 12th and early 13th centuries. The law and practice were later introduced into England through the Continent. It is, therefore, quite exact that English and European marine insurance law have common roots. Nevertheless, significant divergences between English and European insurance systems occurred since the late 17th century, mainly due to different approaches adopted by English courts. The rule of warranty in English marine insurance was developed and clarified in the second part of the 18th century by Lord Mansfield, who laid the foundations of the modern English law of marine insurance, and developed different approaches, especially in the field of warranty in marine insurance law. Since the age of Lord Mansfield, English marine insurance law has a unique rule on warranty. This article is, therefore, designed to analyse the overall rule of the rule of warranty in English marine insurance law. The result of analysis are as following. First, warranties are incorporated to serve a very significant function in the law of insurance, that is, confining or determining the scope of the cover agreed by the insurer. From the insurer's point of view, such the function of warranties is crucial, because his liability, agreed on the contract of insurance, largely depend on in, and the warranties, incorporated in the contract play an essential role in assessing the risk. If the warranty is breached, the risk initially agreed is altered and that serves the reason why the insurer is allowed to discharge automatically further liability from the date of breach. Secondly, the term 'warranty' is used to describe a term of the contract in general and insurance contract law, but the breach of which affords different remedies between general contract law and insurance contract law. Thirdly, a express warranty may be in any form of words from which the intention to warrant is to be inferred. An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy. It does not matter how this is done. Fourthly, a warranty is a condition precedent to the insurer's liability on the contract, and, therefore, once broken, the insurer automatically ceases to be liable. If the breach pre-dates the attachment of risk, the insurer will never put on risk, whereas if the breach occurs after inception of risk, the insurer remains liable for any losses within the scope of the policy, but has no liability for any subsequent losses. Finally, the requirements on the warranty must be determined in according to the rule of strict construction. As results, it is irrelevant: the reason that a certain warranty is introduced into the contract, whether the warranty is material to the insurer's decision to accept the contract, whether or not the warranty is irrelevant to the risk or a loss, the extent of compliance, that is, whether the requirements on the warranty is complied exactly or substantially, the unreasonableness or hardship of the rule of strict construction, and whether a breach of warranty has been remedied, and the warranty complied with, before loss.

• Journal of Arbitration Studies
• /
• v.16 no.1
• /
• pp.81-119
• /
• 2006

The parties in the trade can have full autonomy and can resolve disputes independently, impartially and without delay by selecting arbitration by agreement. Korea and Japan had revised their Arbitration Laws to incorporate as many provisions of the 1985 UNCITRAL Model Law as possible. Japan had amended its century-old arbitration law, becoming the 45th country to adopt the UNCITRAL Model Law on International commercial arbitration. New Arbitration Law was enacted as Law No.138 of 2003 and effective on March 1, 2004, is applicable to both national and international arbitration. Korea had amended its arbitration law on December 31, 1999 and its New Arbitration Law incorporates the most of the 1985 UNCITRAL Model Law as Japan. Arbitration must be popular in resolving international commercial disputes in Northeast Asian bloc in order to increase the volume of intra-trade in the Northeast Asian bloc. But in order for the parties to make use of arbitration in the bloc, the arbitration laws of nations in the bloc must have similarity and unification. As Korea and Japan playes important roles in the bloc, both nations's arbitration laws must be studied in view of similarity and difference to unify both nations' arbitration laws by way of showing an example. Therefore, this paper deals with both nations' arbitration laws in view of comparative law to unify their arbitration laws and Northeast Asian Nations' arbitration laws.

• Korean Journal of Agricultural Science
• /
• v.45 no.1
• /
• pp.128-136
• /
• 2018

The Anti-corruption Law has been enforced since Sep. 28, 2016 to prevent public servants from colluding with people for political favors and financial gain by giving bribes to public servants. Generally, most people in Korea think that the law has had a positive effect on society. Under this law, people believe that our society has become more transparent. However, domestic producers think the law has had negative effects on the Korean livestock industry. Statistics from the domestic livestock industry show that the Hanwoo price has dropped after the law was enforced. This study attempts to show how livestock prices in the Korean livestock industry have changed after the enactment of the law. We chose three important livestock industries, Hanwoo, pork, and chicken, to determine and compare the effects of the law on them. For the analysis, we used a time-series model, VAR, to incorporate the interactions of the three industries. We selected the average wholesale prices of these industries. Daily prices during the last 5 years were used to estimate and forecast the impacts of the law. The results show that the price of Hanwoo decreased after the enforcement of the law; however, the other livestock prices did not decrease. Additionally, we clearly saw this negative effect on the Hanwoo industry during the high demand season and New Year's Day (solar and lunar together).