• Title/Summary/Keyword: 송하인

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항해용선계약상 항만체선료의 책임에 관한 연구

  • Kim, Myeong-Jae
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2012.06a
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    • pp.269-272
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    • 2012
  • 통상적인 항해용선계약에 따르면 체선료의 책임은 반대의 문언이 없는 한 용선자에게 있는 것으로 추정된다. 그러나 실무에서는 용선자의 책임이 제한되거나 송하인 또는 수하인 등에게 이전되어 선주가 체선료확보에 어려운 상황에 직면하게 되는 경우가 빈번하게 발생되고 있다. 본 연구에서는 용선자, 송하인, 수하인, 선하증권의 배서인, 기타 이해당사자간의 체선료지불 책임에 관한 문제를 영미법의 사례를 중심으로 살펴보고 결론과 시사점을 도출하여 선주나 운항업자의 실무에 도움이 되는 방안을 제시한다.

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A Study on the Legal Party and its Extent of the Demurrage (체선료의 책임주체와 그 범위에 관한 연구)

  • Kim, Myung-Jae
    • Journal of Navigation and Port Research
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    • v.37 no.6
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    • pp.689-697
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    • 2013
  • The demurrage is regarded as a kind of the ocean freight and a remuneration of the time lost for the vessel while in port. In ordinary occasions of the voyage charter, the liability of a demurrage is usually laid on the charterers unless any exceptions are incorporated. The owners are, however, often meeting somehow difficulty to secure demurrage in the field as the liability is limited or transferred to a third party from the charterers. This paper is focused on clearing the liabilities to be held by the parties involved through the English Law cases, and what's more is rendering a proper suggestions to the owners and charterers on dealing with the ship's operation business.

The Requirement and Effect of the Document of Carriage in Respect of the International Carriage of Cargo by Air (국제항공화물운송에 관한 운송증서의 요건 및 효력)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.67-92
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    • 2008
  • The purpose of this paper is to research the requirements and effect of the document of carriage in respect of the carriage of cargo by air under the Montreal Convention of 1999, IATA Conditions of Carriage for Cargo, and the judicial precedents of Korea and foreign countries. Under the Article 4 of Montreal Convention, in respect of the carriage of cargo, an air waybill shall be delivered. If any other means which preserves a record of the carriage are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt. Under the Article 7 of Montreal convention, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", and shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the goods have been accepted. Under the Article 5 of Montreal Convention, the air waybill or the cargo receipt shall include (a) an indication of the places of departure and destination, (b) an indication of at least one agreed stopping place, (c) an indication of the weight of the consignment. Under the Article 10 of Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. Under the Article 9 of Montreal Convention, non-compliance with the Article 4 to 8 of Montreal Convention shall not affect the existence of the validity of the contract, which shall be subject to the rules of Montreal Convention including those relating to limitation of liability. The air waybill is not a document of title or negotiable instrument. Under the Article 11 of Montreal Convention, the air waybill or cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. Under the Article 12 of Montreal Convention, if the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt. According to the precedent of Korea Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the air waybill by the operator of the bonded warehouse because the freighter did not designate the boned warehouse and did not hold the position of employer to the operator of the bonded warehouse. In conclusion, as the Korea Customs Authorities will drive the e-Freight project for the carriage of cargo by air, the carrier and freight forwarder should pay attention to the requirements and legal effect of the electronic documentation of the carriage of cargo by air.

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A Study on the Responsibility of Shipper under the Rotterdam Rules (로테르담규칙상 송하인의 책임에 관한 고찰)

  • Hang, Nak-Hyun;Kim, Young-Kon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.53
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    • pp.101-133
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    • 2012
  • 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.

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Auto Welding System Development For The Improvement Of The Stud Bolt Welding System (Stud Bolt 용접 환경 개선을 위한 자동 용접 시스템 개발)

  • 하인철;송병석;송신우
    • Proceedings of the Korean Society of Precision Engineering Conference
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    • 2003.06a
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    • pp.185-190
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    • 2003
  • At the present, a stud bolt welding was achieved by the manual method. The manual method caused many problems of work evasion. In order to work out these problems, an automatic welding system is designed for a stud bolt welding system. The system is composed of articulated type welding robot, stud gun, stud feeder, stud controller and various jig.

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Performance analysis of the three dimensional pure PNG law via Lyapunov-like method (리아프노프 방법을 이용한 3차원 비례항법의 성능분석)

  • 송성호;하인중
    • 제어로봇시스템학회:학술대회논문집
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    • 1992.10a
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    • pp.584-589
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    • 1992
  • The 3-dimensional PPNG(Pure proportional navigation guidance) law was proposed about forty years ago, but the satisfactory analysis of its performance has not been presented since then. In this note, we prove under some reasonable assumptions that the missile guided according to this 3-dimensional PPNG law can always intercept a randomly maneuvering target if (1) the target acceleration varies with a certain bound, (2) the navigation constant is selected large and (3) the initial heading error is small. We introduce a Lyapunov-like method that proves to be a very powerful tool in obtaining our results.

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An Efficient Estimation Method of Line-of-Sight Rate in High Maneuvering BTT Missiles (고기동 BTT미사일을 위한 효과적인 시선변화율 추정 방법)

  • Song, Eun-Han;Kwon, Jeung-Hun;Ha, In-Joong
    • Proceedings of the KIEE Conference
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    • 2006.04a
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    • pp.201-203
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    • 2006
  • This paper describes a new LOS(Line-of-Sight) estimator for BTT missiles. The dynamic models of LOS rate and a seeker are derived. Based on these dynamic models, we design a nonlinear estimator, which takes into account roll motion of BTT missiles and sensor noises. Simulation results show that the LOS rate estimates of the proposed estimator are more accurate than those of the conventional estimator.

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단조품 후처리 공정의 작업환경 개선을 위한 공정자동화 시스템 개발

  • 송신우;하인철;송병석;이경돈
    • Proceedings of the Korean Society of Precision Engineering Conference
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    • 2004.05a
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    • pp.282-282
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    • 2004
  • 단조품 후처리 공정은 표면처리, 자분 탐상, 수 검사, 방청, 개수계량 공정으로 이루어져있다. 그러나 우리나라의 단조품 제조 산업에서는 Fig. 1에서 보는 바와 같이 후처리 공정이 작업자의 수작업으로 이루어져 있어서 많은 문제점을 가지고 있다. 표면 처리 공정에서 소재를 장입하는 작업은 작업자의 수작업으로 이루어져 있어서, 작업자는 중량물을 개수하고, 버킷에 담는 작업을 수행해야 한다. 또한, 소재의 이송은 지게차를 이용하고 있어 작업자와 지게차는 같은 작업공간에서 작업을 하게 된다.(중략)

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