• Korea Trade Review
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• v.42 no.2
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• pp.29-52
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• 2017

This research employed a comparative legal analysis to explore the rules of CISG, Incoterms 2010, Chinese Contract Law, and Korean Civil Act with precedent researches and present customs in the international sale of goods. The results of this study show that there are some differences in the provisions of seller's delivery obligation to those regulations, such as the time and place of delivery goods, the conformity of goods on the contract, and delivery of documents. Therefore, the parties of contract, especially between Korean and Chinese traders, must be aware of the differences in the provisions of those selected regulations in order to reduce disputes between them, out of or in relation to or in connection with their sales contract.

• 해운
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• no.2 s.13
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• pp.41-41
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• 2005

• Monthly Duck's Village
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• s.98
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• pp.55-56
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• 2011

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.2
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• pp.71-96
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• 2006

This paper intends to describe the carrier's duty for the delivery of international air cargo and the carrier's liability for the illegal delivery of cargo under the Montreal Convention, lATA Conditions of Carriage for Cargo and judicial precedents. Under the Article 13 of Montreal Convention, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to it, on payment of the charge due and on complying with the conditions of carriage. And unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives. Under the Article 18 of Montreal Convention, the carrier is liable for damage sustained in the event of the destruction or less of or damage to, cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air. And the carriage by air comprises by the period during which the cargo is in the carriage of the carrier. Under the Article 11 of lATA Conditions of Carriage for Cargo, carrier is liable to shipper, consignee of any other person for damage sustained in the event of destruction of loss of, or damage to, or delay in the carriage of cargo only if the occurrence which caused to the damage so sustained took place during the carriage as defined under Article 1. According to the precedent of Korean 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 airway bill by the bonded warehouse operator because the freight forwarder did not designate the bonded warehouse and did not hold the position of employer to the bonded warehouse operator. In conclusion, the carrier or freight forwarder should pay always attention the movement and condition of the cargo not to be liable for the illegal delivery of cargo.

• Monthly Duck's Village
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• s.194
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• pp.18-23
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• 2019

7월 1일부터 조류인플루엔자(AI) 등 가축전염병에 신속히 대응할 수 있도록 닭 오리 농장에 폐쇄회로(CCTV) 설치가 의무화된다. 살충제 사용을 위반한 산란계 농가는 전문 업체를 통한 해충 방제를 의무적으로 실시해야 한다. 농어촌에 거주하면서 영농 창업을 희망하는 비(非)농업인도 귀농인에 준해 창업이나 주택 구입 등에 필요한 자금을 지원받을 수 있게 됐다. 농식품 계열 대학에 재학 중인 고학년 학생들은 졸업 후 농업분야 취 창업을 조건으로 등록금 전액을 지원받을 수 있는 장학금에 도전해볼 수 있다. 기획재정부가 내놓은 농림축산식품부 소관 '2019년 하반기 달라지는 주요 제도'를 소개한다.

• Journal of Legislation Research
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• no.53
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• pp.455-489
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• 2017

The new system on the Corporate Social Responsibility(CSR) in the Indian Companies Act became overnight sensation to the worldwide. However there has been very few studies which are analyzing a purpose of it under the context of Indian societies. This paper examines the circumstance whether the CSR activities is functioning well or not. And verifying problems regarding it and suggesting supportive measures are a target of this paper. Though Indian government already established CSR legislation, they did not stipulate the penalty clause. And that became why corporations were poorly perform on CSR activities in first year of enforcement. Furthermore, There is a proclivity that corporations lack an understanding for which activities could be recognized into the CSR. And they excused that they had no time for themselves to adjust an abruptly changing business landscape. With all, unlike rosy expectations, corporations only showed little interests to the area where the investment or attentions from the media are expected. Fortunately, incumbent legislative is fully aware of it and exploit their best resources to various social fields. Despite the doubts that they originally did not have any intention to introduce the penalty clause, they are handling problems in ways that corporations can be invited in public programs. They also need to request the service sectors to take a leading role of it, which could provide the financial, or telecommunication service to the people in rural province. Thus, the fact that there was a substantial rise in terms of the amount of CSR expenses in 2015 provides a supporting evidence to the endeavors of the government. In doing so, we could finally achieve a better understanding of two-fold goals shown in this paper; maturing settlement of this legislation and development of Indian society.

• Korea Trade Review
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• v.42 no.6
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• pp.69-85
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• 2017

In 2014, India legalized corporate social responsibility(CSR) for foreign companies and enforced it. Meanwhile, one of the Korean companies' concerns is that the turnover rate of employees is very high. Therefore, this study was conducted in four dimensions. First, Korean IT companies in India ought to work on CSR activities so this study investigates to see if CSR can reduce employee turnover rate. Second, the study is to verify whether job embeddedness plays mediating role in the relationship between CSR and 'intention to leave'. Third, the study is also to verify whether organizational identification plays mediating role in the relationship between CSR and 'intention to leave'. Lastly, the study is also to verify whether job embeddedness and organizational identification show dual mediation effect in the relationship between CSR and 'intention to leave'. The results of the study are as follows ; First, CSR does not make any significant effect on 'intention to leave'. Second, job embeddedness and organizational identification show dual mediation effect in the relationship between CSR and 'intention to leave'. So if Korean IT firms in India conduct CSR activities strategically, the activities can eventually reduce the propensity of 'intention to leave'. Based on the results, several implications on Korean IT firms are suggested for reducing the propensity of 'intention to leave' in India, effectively.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.75-94
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• 2015

The aim of this study is to examine the obligations of delivery of the goods focusing on the methods of delivery under the Incoterms 2010, comparing with CISG. The Incoterms 2010 provides various methods of delivery of the goods under the each rule(11 rules). And it is a little confusing for the parties of the contract of sales. This study reviewed specific methods of delivery of the goods with the view of practitioner. The purpose of Incoterms is to avoid misunderstanding of the contract of sales and to promote the international transactions. The uncertainties of the Incoterms 2010 shall cause disputes between the parties. Especially, when vehicles are used to pick up and deliver the goods, which party is responsible for the loading and unloading the goods. Under the D-term, which party is responsible for unloading the goods from the vehicle reached at the named place of destination is a little confusing. This study suggest some ideas on the specific methods of delivery to mitigate uncertainties and accept current practices at the field. Firstly, under the EXW rule, the seller must deliver the goods on the arriving means of transport at the seller's premises. Secondly, under the FCA rule, the seller must deliver the goods unloaded at the other place except seller's premises. Thirdly, under the CPT, CIP rules, the seller must deliver the goods unloaded irrespective of the mode of transport at the place of destination. Fourthly, the FOB, CFR, CIF rules must adapt the container transport practice.

• Korea Trade Review
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• v.42 no.6
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• pp.1-25
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• 2017

This is a comparative and analytical study which comprises of the analysis of the rules of the seller's liability for non-conforming goods of four legal systems under the CISG and the CESL. A purpose of this study is to examine all the rules as to, first, the concept and the nature of the seller's duty to deliver the goods in conformity with the contract, second, the contents of the seller's duty to deliver the goods in conformity with the contract, third, the time when the goods must be in conformity with the contract and the cases where the seller is exempted from his liability for non-conforming goods. Another purpose is to compare the rules of the CISG with those of the CESL, and to evaluate them in light of the discipline of comparative law. This is for the purpose of facilitating the systematic development and reform of one jurisdiction by any solution from the other jurisdiction found by the comparative study. In addition, this study provides legal and practical advice to the contracting parties when they intend to use one of those regimes in their contract as a governing law.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.60
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• pp.3-26
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• 2013

Seller's obligation on the Delivery of Goods and Handing over the Documents are key elements in Contracts for the International Sale of Goods. The United Nations Convention on Contracts for the International Sale of Goods(CISG) has been entered into force on 1 January 1988 to create international certainty and uniformity in the law and to govern issues that arise in an international sale of goods transaction. The Incoterms were first published by the ICC in 1936 and were most recently revised in 2010. Incoterms 2010 are entering into force on 1 January 2011. The Incoterms focus on the seller's delivery obligations and reflect the principle that the risk of loss or damage to the goods passes from the seller to the buyer when the seller has fulfilled its obligations to deliver the goods. This study highlights basic rules covering seller's obligation of delivery of goods and handing over the documents under the Incoterms 2010 and the United Nations Convention and Contracts for the International Sale of Goods. In the second chapter, this study will provide analyses and compare these two legal systems in relation to the basic rules governing delivery of goods and passing of risks in contract of sale. This chapter evaluates the meaning of Article 31 and Article 67(1) and FOB, CFR, CIF & FCA, CPT, CIP terms of Incoterms 2010. Chapter Three will focus on handing over the documents. Article 30 CISG imposes the seller's primary obligations to deliver the goods and to hand over documents relating to them. Article 34 CISG supplements the seller's obligation in relation to documents by providing that the seller must hand over documents relating to the goods. In contrast, Article 58(1) CISG imposes on the buyer the obligation to pay only when it has received the goods or documents controlling their disposition. I reviewed only some of the documents relating to the goods are documents controlling their disposition. This chapter considers the meaning of the phrase "documents that control the disposition of the goods and do not control disposition of the goods." Finally, the fourth chapter will assess the meaning of rules of CISG and Incoterms 2010.