• International Commerce and Information Review
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• v.15 no.2
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• pp.285-313
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• 2013

By the revision of the Commercial Code of Korea in 1991 and 2007, some provisions for the regulation of Time Charterparty have been introduced into our own maritime law system. But, those provisions are in their nature mainly the reproduction of the provisions prescribed in the standard forms of time charterparty which are widely used, such as BALTIME Charter and NYPE Form, and the subject matters of their regulation are restrictive, so that the applicability of the provisions is not desirable. The cargo is lost or damaged, the cargo owner should seek compensation form, or sue, the carrier as, traditionally, under the COGSA, the cargo carrier is responsible for loss of damage of cargo. However, it is difficult to determine who is the responsible carrier under charters. There is no test to determine the carrier, but the courts in every country generally consider the bill of lading. Although the master has general authority to sign bills of lading on behalf of the shipowner, he can also sign bills of lading for, and on behalf of, the charterer. In this case, the charter is considered the carrier. Furthermore, the charterer is authorized to contract with third parties on behalf of the shipowner and, as such, the responsible carrier is the shipowner. Therefore, when determining the carrier we should examine carefully the all factors and the circumstances surrounding the case. Also, negligence of a captain of a time-chartered ship causing damages to a third party. It will analyze the legal character of a time-charter contract, review judicial precedents on time-charter. The Inter-Club Agreement was drawn up and is intended to be a somewhat easier way of allocating liability for cargo claims between owners and charterers and, although there is still scope for disputes to arise, the Inter-Club Agreement does in fact to some extent make the allocation of liabilities for cargo claims easier. Finally, it will also make legislative suggestions to resolve complex issues involving maritime transportation contracts under the current Commercial Code.

• Journal of Arbitration Studies
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• v.17 no.3
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• pp.101-119
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• 2007

Arbitration is contractual by nature. One cannot be required to submit to arbitration any dispute which he has not agreed to so submit. As commercial transactions become increasingly complex, involving multiple parties and numerous contracts for a single transaction, however, limiting the parties who are subject to arbitration to only those who have signed a contract containing an arbitration clause would frustrate the purpose of such arbitration clause and might lead to injustice among the relevant parties. Therefore, U.S. courts have recognized a number of theories under which non-signatories may be bound to the arbitration agreement of others: (1) incorporation by reference; (2) assumption; (3) agency; (4) veil-piercing/alter ego; and (5) estoppel. Incorporation by reference and veil-piercing theories have already been recognized by Korean courts. Agency theory and estoppel theory are not recognizable under Korean law. However, the same or similar result may be achieved by applying the third party beneficiary theory or assumption by third party theory. Although a couple of Supreme Court cases appear to be at odds with the assumption theory, on the basis of the recent amendments to the Arbitration Act, such court precedents can be and should be reversed.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.300-305
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• 2002

The construction project is a complex undertaking involving multiple participants. Conflicts are inherently natural in the construction projects and subsequently, a success of projects mainly depends on how well to cope with the conflicts. In the past, courts usually took the position that the professional's exposure in damages for negligent performance of any of his/her duties would not extend to strangers to the contractual arrangement. However, courts today generally reject that rationale which was earlier in vogue and protect architects, engineers, and contractors from being liable to third parties. It means that the lack of privity of contract could rarely protect a profession in a suit alleging the negligence or professional malpractice in preparing plans or specifications. The main goal of this paper is to enhance the understanding of the legal aspect of privity and to provide the trend of no-privity disputes through the analysis of lawsuit cases during the last 40 years. On the base of the analysis, importance of the third relationship and the liability in construction disputes is presented.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.30 no.2
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• pp.243-252
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• 2020

Recently, the proportion of housing lease has been increasing to an overwhelming level in line with the increase of single-person households and the change in the form of housing. In the normal case, the use of rental-type housing is subject to a housing lease agreement through a licensed real estate agent. In the event of a transaction conclusion, licensed real estate agent shall issue a contract containing the personal information of the lessee, the renter, and the licensed real estate agent to the transaction party. In this case, it is necessary for the lessee to provide the contract to a third party. This paper analyzes relevant laws and regulations and the status of housing transactions, focusing on personal information processed between offline housing lease agreements. And when issuing a contract through IRTS, we propose a way to protect personal information by providing a third party in three forms: information Data Subject-based, Purpose of usage-based De-identification, and Certificate of Contract.

• Korean Journal of Construction Engineering and Management
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• v.21 no.5
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• pp.3-10
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• 2020

Subcontracting of construction is essential to carry out public construction projects. Subcontractor of the construction work shall enter into a contract with the original contractor without directly entering into a contract with the owner. Subcontracts are therefore greatly affected by the original contract with the owner. To protect subcontractors, the Fair Trade Act is enacted and the construction company's standard subcontracting contract is in operation. However, subcontracts are not properly reflected in the Government contract system, which deals with the relationships between the owner and the original contractor. In particular, the subcontractor may complain of difficulties at the public construction site as such procedures are not properly reflected in the construction work standard subcontract, although various procedures shall be carried out depending on the amount when change order occurs in subcontracts. Thus, the direction of improvement of subcontracting systems was proposed in the case of change order at public construction project sites as follows: First, the rights of subcontractors should be strengthened. Second, in order to resolve the information non-identity, subcontractors should have access to information related to subcontracts. Third, the status of subcontractor shall be guaranteed by reflecting the characteristics of the subcontract when the original contract for public works is concluded. Fourth, the dispute settlement method should be prioritized over litigation in order to fair subcontracting.

• Journal of Korea Port Economic Association
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• v.30 no.4
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• pp.111-130
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• 2014

The article 742(2) of the Korean Commercial Code allowed the third party to invoke a direct action against the insurer under a liability insurance. Meanwhile, the owners of the vessel enter into the P&I Insurance Contract with the P&I Club to indemnify all kinds of liability or expenses involved in the operation of its vessel. However, the Rule Book under the P&I Insurance mostly included the Pay to be Paid Clause which precludes the third party's direct action. Recently, the Seoul Central District Court passed a judgement on the validity of the Pay to be Paid Clause under the Korean law against the third party i.e. the cargo insurer having the right of subrogation. The court held that (1) the third party's right of direct action is not the right to claim insurance money but the right to claim damages against the P&I Club, (2) the insurer under a liability insurance is deemed to assume liability jointly and severally with the insured against the third party, (3) the Article 742(2) of the Korean Commercial Code is considered as a compulsory provision because it was invented to protect the innocent third party, the Paid to be Paid Clause is thus null and void. The purpose of this article is to evaluate the appropriateness of this court's judgments by comparative analysis of Korean and English law, and to suggest the relevant amendments of the Korean Commercial Code in order to prevent further legal disputes. The article criticizes the decision of the Seoul Central District Court, taking the attitude that, since the third party's right is the right to claim insurance money, the Paid to be Paid Clause is valid against the third party.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.253-283
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• 2014

Ob das Erbitten der Behandlung durch einen Dritten einen Behandlungsvertrag oder lediglich eine Gesch${\ddot{a}}$ftsf${\ddot{u}}$hrung ohne Auftrag darstellt, richtet sich nach dem allgemeinen Grundsatz der Auslegung der Willenserkl${\ddot{a}}$rung. Auch wenn ein Dritter f${\ddot{u}}$r eine andere Person die Behandlung erbittet, l${\ddot{a}}$sst sich dadurch kein zwingender R${\ddot{u}}$ckschluss ziehen, dass daraus eine vertragliche Pflicht auf Verg${\ddot{u}}$tung anhand der Behandlung an den Behandlungserbitter entsteht. Das Erbitten der Behandlung eines Dritten stellt n${\ddot{a}}$mlich weder einen Antrag dar, noch ensteht dadurch ein Rechtsgesch${\ddot{a}}$ft zwischen dem Behandlungerbitter und dem Behandelnden. Stellt das Erbitten der Behandlung durch den Dritten eben kein Rechtsgesch${\ddot{a}}$ft dar, handelt es sich um eine Behandlung ohne gesetzliche Pflichten. Dadurch ist f${\ddot{u}}$r den Behandelten eine Gesch${\ddot{a}}$ftsf${\ddot{u}}$hrung ohne Auftrag er${\ddot{o}}$ffnet. Wird das Erbitten der Behandlung als Antrag ausgelegt, ist dies ein Antrag eines echten oder unechten Vertrags zugunsten Dritter, oder der Behandlungserbitter hat als Vertreter des Patienten oder Unterhaltspflichtigen als Vertretende, einen Behandlungsvertrag abgeschlossen. Wenn der Vertragspartner die Tatsache kennt oder kennen musste, dass es sich um einen Vertreter handelt, ist die Vertretungshandlung wirksam.

• The Journal of the Korea Contents Association
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• v.21 no.3
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• pp.626-633
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• 2021

In the event of a housing sale guarantee accident, the Housing and Urban Guarantee Corporation shall be responsible for the guarantee by refunding the moving-in money unless there are special circumstances to the contractor. The Housing and Urban Guarantee Corporation may refuse to perform the refund based on the Terms and Conditions Regulations Act, but disputes continue to arise between interested parties in this regard. Therefore, the purpose of this study is to study the problems and improvement measures for legal issues related to the implementation of the refund. First, the issue of guarantee effectiveness and scope of guarantee under the Terms and Conditions Regulation Act. Second, the problem of guarantee contract for conditional third parties of Housing and Urban Guarantee Corporation. Third, the problem of the attitude of the existing precedents of the Supreme Court was examined. As a result of reviewing these legal issues, it was confirmed that the interpretation of terms and conditions according to the implementation of the refund is being interpreted in accordance with the principle of good faith, but according to individual cases, precedents can be divided into positive and negative judgments. In addition, despite the fact that the housing pre-sale guarantee is a guarantee contract for a conditional third party, it was confirmed that the buyer suffered damages in good faith through active disputes with the interested parties. Accordingly, the Housing and Urban Guarantee Corporation proposed an improvement plan for roles and cooperation items to meet the purpose of establishment for the stability of the customer's housing.

• Korean Journal of Construction Engineering and Management
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• v.13 no.3
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• pp.122-130
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• 2012

Currently, TK(Turn-key) projects have been implemented, the projects on TK basis still have shown several problems rather than its own merits as a bidding method. Increasing the number of claims being occurred during construction process of the projects is reality because of unclear notice of tender documents and conditions of the contract, design review system, and decision process of the qualified bidder. To establish desirable TK projects in domestic market, not only should resonable alternatives for carrying out design review system and selecting the bid winner be set up, but also proper standards for reforming irrational system of contract, bid, and notice of tender related to TK projects. This study is intended to reduce the number of claims and implement efficient projects of apartment construction on TK basis by identifying potential problems through analysis of claim examples of TK projects which have difficulties of revising contract agreement such as drawings and suggesting improvement methods for contract conditions and notice of tender docuements.

• Defense and Technology
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• no.7 s.233
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• pp.60-69
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• 1998

독일 HDW조선소의 Bonn 지사장으로 근무중인 Udo Ude씨는 209급 잠수함 해외수출 성공사례를 다음과 같이 분석하였다. -1970년 독일해군용 206급 계약시 잠수함을 해군에 인도하기 전까지의 모든 과정을 조선소가 직접 책임지고 수행토록 하는 General Contractor Principle(총괄계약자 원칙)에 의해 확보된 기술인력, 자재/장비 공급원 발굴, 축적된 장비간 연동과 체계통합 기술 및 경험 –대부분의 탑재 장비를 국내 방산업체로부터 조달할 수 있는 탄탄한 국내 기술력 –매 신규사업마다 성능향상을 위한 과제선정 및 계속적인 연구 –정부 소유 시험시설 및 장비 활용과 제반 기술관리에 있어서 민.관.군의 적극적이고 긴밀한 지원체제 구축 이러한 성공사례 분석에 독일 현지에서 느낀 필자의 경험소감을 추가하면 다음과 같다. –규정을 잘 지킬 뿐만 아니라 타인의 잘못을 즉시 일깨워 주는 준법정신 및 고발정신 -2-3년 후의 휴가계획까지 수립하여 준비할 정도의 처절한 사전계획 및 준비정신 –불결한 것과 게으름을 참지 못하는 청결성 및 근면성 –누구든지 원하면 경제적인 부담없이 평생동안 공부할 수 있는 교육제도 –게르만족이 우월하다는 내면적 자부심 –작은 일이라도 모여서 토의하고 결론을 도출하기 좋아하는 공동체 의식 –약속을 철저히 지키는 정직성 –과거의 사실이나 유물을 철저히 보존하는 역사의식 –모든 분야에서 철저하게 운용되는 Meister(장인)제도 등