• Journal of the Korea Institute of Building Construction
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• v.20 no.6
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• pp.527-535
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• 2020

This study analyzed main causes of claims in EPC/Turnkey projects. For this purpose, this study referred to the FIDIC silver book, which lists the international standard contract conditions for EPC/Turnkey projects. The most frequent cause of claim was delay. A process was then proposed to determine whether the owner or contractor was the responsible party when the delay claim occurred. The proposed process was for damages for delay which is the conditions of contract for indemnities against delay claim. The process was based on conditions of the contract of two previous EPC/Turnkey projects that were constructed in 2010, the FIDIC silver book, as well as the obligations of owner and contactors. The proposed process is applicable depending on the conditions of the contract and the owner's meaning. Furthermore, by identifying the responsible party, this study will contribute in identifying the possible claim types before concluding a contract and writing the specific contract.

• 월간 기계설비
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• s.320
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• pp.46-47
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• 2017

행정자치부는 지난 1월 23일 지방자치단체 입찰 및 계약집행기준을 일부 개정하고 2월 1일부터 시행에 들어갔다. 개정된 주요내용은 제한입찰 시 실적에 따른 참가자격 완화, 수의계약 안내 공고기간 명확화, 분담이행방식의 지연배상금 부과기준 명확화 등이다. 개정전문은 협회 홈페이지(www.kmcca.or.kr)에서 다운받을 수 있다.

• Journal of Korea Fair Competition Federation
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• no.134
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• pp.16-27
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• 2007

부당공동행위 관련제도의 전반적인 변화과정에서 논란의 소지가 있는 과징금 및 손해배상제도에 대한 경제적.법리적 분석을 통하여 부당공동행위에 대한 실질적이고 합리적인 규제의 틀을 모색할 필요가 있다. 나아가 과징금부과처분에 대한 관련 취소청구소송사례들에서 나타난 재량권 남용과 일탈을 줄이기 위한 적절한 방안도 모색되어야 한다.

• The Journal of the Korea Contents Association
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• v.21 no.8
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• pp.305-314
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• 2021

According to the recent judgment of Supreme Court, in case when the National Health Insurance Service pays the insurance to a victim of torts, and then subrogate the victim's claim for damages, the scope of institution's subrogation should be limited to the amount of the assailant's responsibility rate of the institution charge, and the amount of compensation claimed by the victim to the assailant should be calculated in the method of contributory negligence after deduction. The court has judged that the institution could subrogate the whole amount of institution charge in the limit of assailant's damages, and the method of deduction after contributory negligence should be applied when calculating the assailant's damages to the victim. Supreme Court decision is greatly significant in the aspect of harmonizing the nature of health insurance as property right and social insurance as the beneficiaries could get additional supplement, and also seeking the balance between insurer and beneficiary. With the changed legal principles of Supreme Court in the scope of institution subrogation like this, the necessities to complement the litigation relation, legislation, and institution were suggested.

• Journal of Korea Fair Competition Federation
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• no.114
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• pp.21-31
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• 2005

지난해 12월 국회를 통과한 개정 공정거래법은 기업결합규제의 개선, 과징금의 상향을 통한 카르텔 억지력의 강화, 역외적용의 근거규정 신설과 손해배상의 활성화 등 주요 내용을 담고 있다. 특히 경제력집중억제와 관련해서는 2003년 시장개혁 3개년 로드맵에 기초하여 공정위가 제시한 원안대로 출자총액제한의 존치, 금융계열사의 의결권제한 강화 등이 이루어 졌다. 아쉬운 점은 경제력집중억제에 관한 이슈들이 객관적인 입장에서 심도 있게 다루어지기보다는 여야간, 당정간, 부처간, 정부와 재계간 이해관계의 차이만을 주로 반영하고 있다는 사실이다. 그간 이 문제에 관한 학계에서의 진지한 논의가 결여되어 있던 것도 이러한 난맥상을 더욱 심화시켰음은 물론이다. 법률의 개정으로 모든 쟁점이 해소된 것은 아니므로, 차제에 특히 경제력집중억제, 손해배상의 활성화 및 역외 적용과 관련하여 남겨진 향후 과제를 살펴보는 것은 중요한 의미를 갖는다.

• The Optical Journal
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• s.141
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• pp.33-35
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• 2012

샌디에이고 국제 광학 및 포토닉스 박람회(SPIE Optics + Photonics)가 지난 8월 12일부터 16일까지 남부 캘리포니아의 아름다운 항구도시 샌디에이고(San Diego)에서 개최됐다. 한미자유무역협정(FTA)이 발효되었는데도 단 하나의 국내 기업만이 전시장에 출품하는 실정이다. 따라서 협회는 회원사들의 미국 진출을 지원할 수 있는 신규 사업을 조속히 시작할 필요가 있다. 최근 삼성과 애플의 미국 특허소송에서 삼성전자가 완패해 천문학적인 배상금을 지불해야 한다는 충격적인 뉴스가 전해졌다. 이로 인해 애플사는 미국 주식 역사상 가장 비싼 시가총액 세계 1위 기업으로 등극했다. 창의력이 중요한 이 시대에 아직도 국내 산업, 경제, 정치가 1980년대를 주름잡았던 무조건 밀어붙이면 된다는 식의 '쌍팔년도 사고(思考)'에서 벗어나지 못하고 특허전쟁에서 완패당했다고 생각하면 안타까운 심정을 금할 수 없다. 이번 삼성과 애플의 특허전쟁이 국내 제조업계가 창조적으로 환골탈태하는 계기가 될 수 있을 것이다. 국내 광학업체들이 일본, 대만, 중국 등과의 치열한 경쟁으로 정신없이 바쁘더라도 해외 전람회에 창조적이고 감성적인 신제품을 출품해야 세계 최고의 글로벌 기업으로 도약할 수 있을 것이라고 생각한다.

• Journal of Ginseng Culture
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• v.5
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• pp.32-51
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• 2023

Because red ginseng was exported in large quantities to the Qing Dynasty in the 19th century, a large-scale ginseng cultivation complex was established in Kaesong. Sibyunje (時邊制), a privately led loan system unique to merchants in Kaesong, made it possible for them to raise the enormous capital required for ginseng cultivation. The imperial family of the Korean Empire promulgated the Posamgyuchik (包蔘規則) in 1895, and this signaled the start of the red ginseng monopoly system. In 1899, when the invasion of ginseng farms by the Japanese became severe, the imperial soldiers were sent to guard the ginseng farms to prevent the theft of ginseng by the Japanese. Furthermore, the stateled compensation mission, Baesanggeum Seongyojedo (賠償金 先交制度), provided 50%-90% of the payment for raw ginseng, which was paid in advance of harvest. In 1895, rising seed prices prompted some merchants to import and sell poor quality seeds from China and Japan. The red ginseng trade order was therefore promulgated in 1920 to prohibit the import of foreign seeds without the government's permission. In 1906-1910, namely, the early period of Japanese colonial rule, ginseng cultivation was halted, and the volume of fresh ginseng stocked as a raw material for red ginseng in 1910 was only 2,771 geun (斤). However, it increased significantly to 10,000 geun between 1915 and 1919 and to 150,000 geun between 1920 and 1934. These increases in the production of fresh ginseng as a raw material for red ginseng were the result of various policies implemented in 1908 with the aim of fostering the ginseng industry, such as prior disclosure of the compensation price for fresh ginseng, loans for cultivation expenditure in new areas, and the payment of incentives to excellent cultivators. Nevertheless, the ultimate goal of Japanese imperialism at the time was not to foster the growth of Korean ginseng farming, but to finance the maintenance of its colonial management using profits from the red ginseng business.

• Korean Journal of Construction Engineering and Management
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• v.24 no.2
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• pp.50-58
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• 2023

Bid-rigging is a common issue in public construction projects, and appropriate sanctions are required from the relevant authorities. This study analyzes the need for an optimal enforcement model to prevent bid-rigging by considering both civil and criminal aspects. Recently, there have been overlapping sanctions under the Fair Trade Act, such as fines imposed by the Fair Trade Commission and civil lawsuits filed by the client for damages. The purpose of this study is to evaluate the effectiveness of penalty surcharges and compensation systems for preventing bid-rigging, and to consider the possibility of overlapping sanctions in public construction projects. It was found that overlapping sanctions under the Fair Trade Act can be helpful in improving the system. However, in cases where the state is the plaintiff for damages in a lawsuit, it is necessary to consider the penalty surcharge and sentence, reduce the penalty surcharge for joint acts, refund the surcharge after a final judgment, and consider the damage compensation system when imposing a surcharge. This study contributes to the development of an efficient enforcement model to suppress bid-rigging in public construction projects by analyzing the improvement effects of sanctions and compensation.

• The Journal of the Korea Contents Association
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• v.15 no.11
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• pp.410-421
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• 2015

The purpose of this study is to review the contents of the legislation(2015.5.12.) for shop key money concretely and to find an effective way in making an improvement of practical protection in the process of tenant's shop key money collection. From this point of view, this study tries to make some legislative suggestions as follows. First of all, the code of conflicting definition between 'shop key money' and 'shop key money contract' in the amended Commercial Building Lease Protection Act need to be harmonized with each other because they are likely to face potential problems in the protection of tenant's shop key money collction as well as risks for confusion. In the second place, it requires to strengthen the protection of tenant's shop key money collection by approval of direct opposing power of shop key money itself on condition that it satisfies a certain prerequisites. In addition, the ambiguous codes related to the landlord's disturbance should be distinctly arranged and the distribution principle of demonstration about landlord's disturbance on tenant's shop key money collection also should be made clear. Finally, the standard level of shop key money by region, business district, and category of business should be set and announced by Ministry of Land and Transport.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.35-58
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• 2009

A treaty that governs the compensation on damage caused by aircraft to the third parties on surface was first adopted in Rome in 1933, but without support from the international aviation community it was replaced by another convention adopted again in Rome in 1952. Despite the increase of the compensation amount and some improvements to the old version, the Rome Convention 1952 with 49 State parties as of today is not considered universally accepted. Neither is the Montreal Protocol 1978 amending the Rome Convention 1952, with only 12 State parties excluding major aviation powers like USA, Japan, UK, and Germany. Consequently, it is mostly the local laws that apply to the compensation case of surface damage caused by the aircraft, contrary to the intention of those countries and people who involved themselves in the drafting of the early conventions on surface damage. The terrorist attacks 9/11 proved that even the strongest power in the world like the USA cannot with ease bear all the damages done to the third parties by the terrorist acts involving aircraft. Accordingly as a matter of urgency, the International Civil Aviation Organization(ICAO) picked up the matter and have it considered among member States for a few years through its Legal Committee before proposing for adoption as a new treaty in the Diplomatic Conference held in Montreal, Canada 20 April to 2 May 2009. Accordingly, two treaties based on the drafts of the Legal Committee were adopted in Montreal by consensus, one on the compensation for general risk damage caused by aircraft, the other one on compensation for damage from acts of unlawful interference involving aircraft. Both Conventions improved the old Convention/Protocol in many aspects. Deleting 'surface' in defining the damage to the third parties in the title and contents of the Conventions is the first improvement because the third party damage is not necessarily limited to surface on the soil and sea of the Earth. Thus Mid-air collision is now the new scope of application. Increasing compensation limit in big gallop is another improvement, so is the inclusion of the mental injury accompanied by bodily injury as the damage to be compensated. In fact, jurisprudence in recent years for cases of passengers in aircraft accident holds aircraft operators to be liable to such mental injuries. However, "Terror Convention" involving unlawful interference of aircraft has some unique provisions of innovation and others. While establishing the International Civil Aviation Compensation Fund to supplement, when necessary, the damages that exceed the limit to be covered by aircraft operators through insurance taking is an innovation, leaving the fate of the Convention to a State Party, implying in fact the USA, is harming its universality. Furthermore, taking into account the fact that the damage incurred by the terrorist acts, where ever it takes place targeting whichever sector or industry, are the domain of the State responsibility, imposing the burden of compensation resulting from terrorist acts in the air industry on the aircraft operators and passengers/shippers is a source of serious concern for the prospect of the Convention. This is more so when the risks of terrorist acts normally aimed at a few countries because of current international political situation are spread out to many innocent countries without quid pro quo.