This article examines the Practical Suggestions in the Contract for the Turnkey Supply of an Industrial Plant based on a study focused on the commentary of "ICC Model Contract" clause which is encouraged by ICC. Especially practical issues are inquired into on business and legal perspective as follows. First, in regard to supply of technical documentation, equipment and spare parts, it is important to supplier and purchaser to agree on obtaining technical documents necessary for installing and operating plant, and also components necessary for it's maintenance. Second, it is about erection, testing, taking over and training chapter. Both parties need to agree about the process of the arrival of equipments and assembly conducted by the supplier and following examination and also training purchaser to operate it Third, when it comes to price, payment conditions, bank guarantees, parties are to make decision on the pricing, payment conditions and currency of contract-payment. Lastly, it is necessary to reach an agreement of the issue of whether it is to be defined as delay or non-performance of the contract and also it's consequences about rights and obligation.

If see CISG's passing of risk and altered regulations first, when sales contract accompanies transport of goods and seller does not have duty to deliver goods at particular place, when deliver to the first carter to send to purchaser according to sales contract risk passes to purchaser, and when there is duty that seller must deliver goods to carter at specification place, when goods are delivered to carter at same place, risk does not pass to purchaser. Second, risk about transporting goods passes to purchaser at signing a contract. But, when there is special assessment, risk passes to purchaser when goods are delivered to carter who publish document that embody contract of carriage. Nevertheless, it is loss if seller did not notify this truth to occasion purchaser who could knew loss or damage of goods or know justly at sales contract conclusion defamation danger seller of be burdensome. Third, seller has responsibility about damage or loss as long as hide in own artificiality or forbearance after risk passes to purchaser. Regulation about risk in Incoterms 2010 was separated into 11 condition, and move time of risk differs in angle condition. It is appeared that the substance handles relatively comprehensively because compare in Incoterms 2010 although it is because it becomes if it examines regulation about deliver and passing of risk of goods setting in CISG relatively concise. Also, segments that can become posibility of analysis controversy exist.

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.

This study primarily concerns the transfer of letter of credit. A transferable credit is a credit that clearly specifies it is 'transferable' and may be made available in whole or in part to second beneficiary by the request of the first beneficiary. the transfer of the credit is available where the seller as a middleman in intermediate trades purchases from domestic and international supplier. The purpose of this study is to examine the transfer of letter of credit in the UCP600. Having recognized the differences, the study analyzes the transfer of letter of credit under the UCP600 in comparison to those under the ISP98. The ISP98, like the UCP600, stipulates for the requirement of transfer, the number of transfer, conditions of transfer, the replacement of the name of first beneficiary.

The paper aims to analyse the obligations and Responsibilities of shipper in the Rotterdam Rules. The Rotterdam Rules, has underlying intention that it will provide uniform law for the international carriage of goods by sea. It is highly expected that the Rotterdam Rules will create the new international legal regime replacing Hague-Visby Rules and Hamburg Rules. Rotterdam Rules provide the obligations and responsibilities of shipper in express. The shippers obliged to provide, (a) duty as to the condition in which the cargo has to be delivered to the carrier, (b) cooperation of the shipper and the carrier in providing information and instruction, and (c) shipper's obligation to provide information, instructions and documents. The shipper is liable for loss or damage sustained by the carrier if the carrier proves that such loss or damages was caused by a breach of the shipper's obligations. However, the shipper is relieved of all or part of its liability if the cause or one of the causes of the loss or damage is not attributable to its fault or to the fault. But, the shipper shall indemnify the carrier against loss or damage resulting from the inaccuracy of such information. Rotterdam Rules is providing rather concrete as to the shipper's responsibilities and burden of proof in separate chapter. The question is whether such burden of proof of the fault should be imposed to the shipper.

Incoterms is a standard transaction terms and conditions which is established to provide goods delivery, cost and risks between the seller and the buyer as a principle concerned. Incoterms is made of international rules about regular uses of transaction terms and condition. It removes uncertainty of misunderstanding and applying rules, commercial customs and etc, between nations. Incoterms does not have an enforcement like an unified rules or an agreements established between different nations. Therefore, it is just considered as a standard formal terms and conditions from International Chamber of Commerce. For those reasons, validity of Incoterms applies only when parties of contract come to an agreement not by officially adopted or applied by law in each nation. Incoterms 2010 contains specific and clear articles which is fixed version of incoterms 2000, it has insufficient points on insurance contract article. Though, insurance contract belongs to sales contract, it sustains independence itself. It is difficult to sustain perfection until establishment of insurance contract and expiration by fixing the articles. As a result, it is necessary for sellers and buyers take a full responsibility of making complete insurance contract. This paper is written for those reasons in this filed.

Korea has the plans to improve nation and corporate global competitiveness through reducing the logistics costs. Ministry of Knowledge Economy, as the government department of in charge of the plan, establish industrial logistics policies in 2002 and 2007 and it's about time to set up the third industrial logistics policy in 2012. There are new trends for the logistics environment in terms of environment-friendly logistics, logistics securities, win-win collaboration etc. This study propose some harmonious plans between logistic productivity and the new trends in the field of logistics. For the purpose of that, we have evaluated the second industrial logistics policy. We propose the vision and objectives of the new industrial logistics policy. The vision is entering the line of industrial logistics developed nations through the sustainable logistics innovation, and the objects are smart & green logistics, win-win collaboration, lead the new logistics trends etc. We also propose the set the system and rules to push promote the new plan. In addition, industrial logistics is the new terminology setting out use by Ministry of Knowledge Economy.

The straight bill of lading is regarded as the documents of title except in American law after The Rafaela S case. The Carewins case also decided that the exclusion clause of bill of lading did not exempt carriers from liability when the carriers delivered the cargo to the consignee without the production of original bill of lading. And the court said that the carrier was responsible for delivering the goods against a forged bill of lading regardless of exemption clause of bill of lading in the Motis case. It may be assumed through these cases that the straight bill of lading as a document of title gives documentary security to the banks in trade finance. However, there can be some downside to the efficacy of the straight bill of lading as collateral. First, when it is subject to the English law, the shipper can arbitrarily change the consignee different from the one named in the document. Second, some bills of lading bear provisions relating to the carrier delivering the goods upon reasonable proof of identity without the surrender of an original and/or genuine bill of lading.

In IP 7 and LCCP 201, Law Commission considers the insured's duty of good faith after the formation of the contract. This article intends to review and analyse the legal implications of proposals in IP 7 and LCCP 201. The results of analysis are following. First, Law Commission propose to end the remedy of avoidance under MIA 1906 section 17, because avoidance of past claims is unprincipled, impractical and unnecessarily harsh. Secondly, LC proposes that an insured who makes a fraudulent claim should forfeit the whole claim which the fraud relates, but that the fraud should not invalidate previous and legitimate claims. Thirdly, LC proposes to introduce a statutory right for the insurer to claim damages for the reasonable, foreseeable costs of investigate a fraudulent claim in specific circumstances and that damages would be limited to those cases where the insurer can show an actual, net loss. Finally, LC provisionally propose that an express fraud clause should be upheld in business insurance, whereas in consumer insurance, any term which purports to give the insurer greater rights in relation to fraudulent claims that those set out in statute would be of no effect.

This study proposes and verifies an integrated model that reflects and helps to explain complexities and comprehensiveness of e-Trade in practice. The primary objective was to widen and deepen our understanding about the phenomena of paperless trading which will enable us to formulate an effective means to promote the adoption and utilization of e-Trade infrastructure. This investigation combined and extended the theories and models of TAM, TOE framework, and TTF in order to identify and hypothesize the causal relationships between factors of technology, organization and environment, and the usage level and performance of e-Trade. The previous research on e-Trade was reviewed and incorporated into the extended model. The integrated model was tested based on the survey data collected from a sample of 417 trading firms. Overall, the regression and path analysis demonstrated the usefulness of the proposed model as a conceptual framework for better understanding and explanation of e-Trade. The result of the analysis implies the relevancy of the factors of technology, organization and environment for facilitating usage of and increasing performance of e-Trade. However, rejection of a few hypothesized relationships implies the necessity of extensive promotion and education about the related laws and regulations, and education, supervision and incentives for e-Trade practitioners.

Trade in service, which deals with intangible product, is distinguished from trade of goods for tangible product. The current multilateral service trade is based on GATS which includes MFN, securing the predictability as well as transparency of related service rules, specific commitment basis market access national treatment. Recently the WTO service disputes are increasing according to the frequent filing complaints against the regulation of service trade in China. The rules of GATS are not as strict as those of GATT. The commitment schedules, which were materialized between members, gets binding effect through the obligatory provisions of GATS. The GATS is inseparable relation with the Appendix of finance, of telecommunication, and of air transport, with the schedules of commitment of member states, and with the reference paper to the 4th protocol. GATS article XIV which is the general exception of GATS has a similar structure of GATT article XX. Based on the possibility of filing to the WTO, there is a need to examine whether the whole rules, regulation, and policy international trade in service of Korea perfectly macthed with the GATS. Korea with poor resources should take up the more positive attitude for the opening of international service market. According to the reciprocal aspects of concession, if Korea doesn't open a service market, the other WTO member country wouldn't allow Korea to access the their market as well as national treatment.

This study aimed to analyze research trend of the trade show industry in Korea and further to suggest the future direction on the research area where industrial strategies and governmental supports can be made. From 2001 to 2011 by order of 11-year study by analyzing research trends and future direction of policy more effective marketing strategy is precisely to provide direction for research. For the purpose of this study, 169 articles from 49 national level journals of Korea was classified and analyzed. 30 researches in 2005 was published research papers related to the exhibition industry was grew rapidly. According to the analysis, participants behavior of trade show were the most important topic with 33 articles. Various statistical methods such as ANOVA, structural equation model, path analysis, t-test and regression were used. However the study methods of these researches didn't make much progress. The result of this study indicated that we need to study more about the trade show industry of Korea, especially about local economic development and regional demand of trade show.

In year 2011 export volume of South Korea surpassed 500billion USD and overall trade volume has exceeded one trillion USD. South Korea is ranked at 7th in the world by its export volume. Such an expansion of the trade volume leads to growth in customs clearance service demand. However, there are only handfuls of studies on the efficiency of customs clearance service which customs broker provide. If the efficiency in this study is not absolute, it shows relative efficiency to decision making unit. In this research survey was conducted targeting members of Korea Customs Brokers Association. Based on the survey improvement plans to enhance efficiency of customs clearances are as follows. First, rationalize the customs broker fee. Second, setup batch processing system to improve efficiency of the work process. Third, develop new area of task such as FTA and AEO certification. Forth, raise service quality by improving professionalism of customs brokers. Fifth, work efficiency of the office in the capital area will increase. Sixth, when inspecting import export cargo, customs broker should attend at the scene by their choice. Meanwhile, difference analysis on competent customs, type of office, and duration of the business was done but all the aspects were rejected. Such aspects does not influence on its effectiveness.