• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.48
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• pp.3-23
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• 2010

In letter of credit arrangements, the issuing bank nominate a reimbursing bank which serves as a source of funds payment to the beneficiary. The reimbursing bank could be 3rd party bank or the issuing bank itself. In view of working capital requirements, most beneficiary want to get export proceeds in advance through nominated banks and therefore letter of credit usually permit the beneficiary to negotiate drafts, accompanied by required documents, to nominated bank. If the credit is available with the nominated bank, there must be a reimbursement instruction in the credit, because in this method of availability the issuing bank is obliged to reimburse the nominated bank if that bank acts on its nomination There are legal relationship among issuing bank, nominated bank and reimbursing bank with regard to reimbursement activities. Related rules are UCP and URR and UCC (in case of USA). Korean exporters and bankers do not appear to know well the role of reimbursement and usage. 3 cases (court case + ICC Opinion + bad practices) were employed to study the reimbursement mechanism and suggest better usages. The beneficiary is strongly recommended to know the benefit of reimbursement claim from independent reimbursing bank. The benefits include speed payment (thereby saving finance costs) and safe funds (in case of stop payment by the issuing bank right after the proceeds are reimbursed). And further the beneficiary banks (being nominated or claim banks) are also recommended to take advantage of the 3rd party reimbursement in view of the cases illustrated.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.133-158
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• 2011

The purpose of this study is to analyze one of CIETEC(China International Economic and Trade Arbitration Commission) Award on the dispute arising from Cotton Sale Contact which deals with damages and reduction of the price. Especially this case focused on the effect of reduction of the price to damages. The purpose of damages is to place the aggrieved party in as good a position as if the other party had properly performed the contract. So court costs and attorney's fee should be regarded as the loss, because these are caused by consequence of the breach which is recoverable. With the same reason, overpaid taxes should also regard as the loss. It is not impossible, however, to claim both damages and reduction of the price for same loss at the same time. It means buyer could not claim damages for the same loss, once he already claimed reduction of the price. So Korean companies should consider which remedy is proper to himself under the circumstances. He should choose reduction of the price when market price is down. In case of rising market price, he should consider follows: first, it is better to choose damages based on current price(Art.76), if upswing of non-conformity price is higher then upswing of market price. Second, it is better to choose general rule for measuring damages(Art.74), if upswing of market price is higher then upswing of non-conformity price.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.239-255
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• 2009

The purpose of this article is to examine the Utilization of Umbrella Clauses in Investor-State Contract Disputes. To accomplish the purpose, this article analyzes the ICSID case of SGS v. Pakistan and SGS v. Philippines. Umbrella clauses have become a regular feature of international investment agreements and have been included to provide additional protection to investors by covering the contractual obligations in investment agreements between host countries and foreign investors. In particular, two recent ICSID decisions, SGS v. Pakistan and SGS v. Philippines, have brought to the forefront the question of whether the umbrella clause applies to obligations arising under otherwise independent investment contracts between the investor and the host State. In focusing on the SGS decisions, this article will give some useful guidelines to Government and Academia under currently prevailing environment of the Free Trade Agreement("FTA") in Korea.

• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.123-158
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• 2011

The Korea health care system has been divided into Western and Oriental (Korea traditional) medicine since 1951. In accordance with dualistic medical system, there are many conflict cases between medical doctors and oriental medical doctors. Meanwhile, there were much discussions about the meaning and criteria of medical malpractice(negligence). Especially, many cases have been built up about the criteria of medical malpractice through lawsuits. But, comparatively, there's few the medical malpractice case of the oriental medical doctors. According to a recent ruling of the Supreme Court, the legal principles of medical doctor's malpractice case are equally applied to the criteria of the oriental medical doctor's malpractice case. But there are much considerations in addition to these principles for the dualistic medical system and academic distinctiveness. This study is intended to review the dualistic medical system, the criterion of medical malpractice, and analysis this issues. To make long story short, under our dualistic medical system, judging the medical and oriental malpractice should be considered relatively. However, it makes sense that we want medical doctor or oriental medical doctor to demand the reinforced negligence to restrict the unnecessary discretion. If there is lack of evidence-based medicine or the rationality suspected, the health care providers must give enough proof.

• Proceedings of the KSR Conference
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• 2004.10a
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• pp.393-398
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• 2004

From the research which it sees the noise of the high-speed railroad use nation it gave and the vehicle sound arresting tile masturbation which is a sound arresting unit standard it slept and in an environment noise standard side from it classified. The case foreign nation vehicle of the KTX vehicle where vehicle sound arresting from the side the high speed railroad use nations from the open ground with 64-68 dBA are used first of all from domestic and it compares and the efficiency almost is a possibility of knowing the beginning of history box from the interior sound arresting side. Also it will be developed from domestic and to case of the position KHST vehicle the speed 50 km/h is more speed up the KTX vehicle than in spite of the standard which is equal will pay with 350 km/h and it will be having and the possibility the strong point is knowing very from the interior sound arresting side it was. For railroad area along resident at the comfort improvement of the second the environment noise standard which it presents from the nation of most the patronage standard inland conforms in the law standard and the case high speed railroad of the place comparing domestic which is presented is not in spite of still prepared 2004 April commerce is operated standard easily not to be, it appeared with the fact that the speed governing one standard establishment by law is necessary.

• Journal of the Korean Home Economics Association
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• v.31 no.1
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• pp.13-24
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• 1993

The reformed family law was enforced from Jan.1,1991 and the claim to division of matrimonial property in case of divorce, a newly enacted right in the law, is expected to increase the economic position of married women. By this system, married woman can claim her share in the matrimonial property in case of divorce if she verifies her contribution to it. But actually, household work of housewives has not been evaluated properly as compared with their husbands' work in deciding of property division rate, because there is no economic base about the value of household work. So, this study verified wives' role of contribution to matrimonial property and compared their work hours with their husbands. As the result, following suggestions can be presented. 1. The contribution rates of husband and wife to the matrimonial property have to be acknowledged equally and, in case of employed wife, her rate has to be evaluated higher than her husband. 2. Because the property division is not a solatium but a transfer of wife's share, responsibility which marriage has dissolved should not be taken more to women than men. 3. Decision of division rate has to be made regardless the amount fo property unless there are special reasons. 4. The donation tax and inheritance tax should not be imposed on matrimonoal property which was returned to wife from her husband.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.121-146
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• 2018

In traditional international law, a state was internationally responsible only for its activities. With the diversification of the subjects of international law and with the expansion of state's activities, however, bearing international responsibility by the state for its nationals or private enterprises has been recognised in international case law and states practices. Also, this was codified in 2001 by International Law Commission, finishing Draft articles on Responsibility of States for Internationally Wrongful Acts. Yet, international responsibility of state for private entities carrying out space activities including launching of satellites and space launch vehicles has been dealt with as an exception from state responsibility in general international law. As we have seen the successful launching of 'Falcon Heavy' by SpaceX which is an american private entity, the private activities in outer space are expanding to even as far as deep space such as Mars. In other words, the scope of the private activities is too enormous to deal with the activities, irrespective of general theories on state responsibility in international law. Therefore, it will be significant to see the constituent elements of state responsibility for private activities in outer space from the point of general international law, without prejudice to provisions related to international space law.

• The Korean Society of Law and Medicine
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• v.11 no.2
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• pp.239-274
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• 2010

Advance directive refers to a description of the treatment method a patient wants to be provided with in case where the person is unconscious or lacks an ability to decision making in a future period or a declaration of intention that delegates and appoints another person who makes a decision regarding a treatment method on behalf of the person. Advance directive is usually a document form, but oral statement is acceptable as well. Advance directive may have a variety of forms though, it basically consists of two basic forms. That is, one is a living will, and the other is a surrogate decision making. Though the importance of advance directive has been emphasized, and the necessity of adopting the system has been strongly argued for so far, the debates on criteria, method, and procedure alike have not yet reached an agreement. It is because even the concept of advance directive is more or less ambiguous, and each specific method has its own theoretical limitations and practical constraints. Thus the inquiries on advance directive raised in the study are summarized as the meaning, practicability, and philosophical foundation of the advance directive. Firstly, the theoretical limitations of Advance directive may be categorized into conceptual and moral limitations. In case of conceptual limitations, authors of advance directives may not be well aware, in advance, of the particular situation in which he or her will experience in the future, and patients may experience the change in his or her values and lack the understanding and information about the future situation due to the changes in treatment methods. In case of moral limitations, a patient has a limited moral autonomy right and self identity that have an impact on his or her preference. Secondly, in case of practical constraints for advance directive, there exist cultural features, low ratio of documentation, as patients themselves admit, and low predictability and stability of patient's own preference regarding life-sustaining care. And the problem of validity and accuracy in proxy's decision making is also raised. Those who administer a living will, especially, may have a difficulty in understanding the directive by a patient, so that the accuracy of execution cannot be secured. In the sense, it is needed to implement a legal device in order to solve such problems. In summary, it is urgently required to understand the limitations and explore desired alternatives to overcome the relevant problems in advance, which must contribute to successfully adopting and effectively operating the advance directive system in Korea.

• Journal of Korea Port Economic Association
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• v.29 no.4
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• pp.265-288
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• 2013

The purpose of the study aims to analyse the loss incurred by withdrawal of ship under time charter based on the English Law with the MT Kos case. In this case, it is agreed that if the charterers had begun to make arrangements for the discharge of their cargo as soon as they received the owner's notice of withdrawal, the vessel would have been detained at Angra doe Reis for one day. As it was, she was detained there for 2.64 days. The issue is whether the owners are entitled to be paid for the service of the vessel during that 2.62 days, and for bunkers consumed in the same period. Their claim is put forward on three bases: (1) under clause 13 of the charterparty ; (2) under an express or implied new contract made after the vessel was withdrawn, to pay for the time and bunkers; and (3) under the law of bailment. The judge held they were entitled to succeed on basis (3), but rejected every other basis which they put forward. The Court of Appeal rejected the claim on all three bases, except that they allowed the owners to recover the value of bunkers consumed in actually discharging the cargo.

• Research in Community and Public Health Nursing
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• v.11 no.2
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• pp.453-469
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• 2000

This study has a purpose to provide information to help develop nursing intervention for demented elderly staying at home. For this purpose I analysed the relationship of patients' disturbing behaviors with their demographic and social characteristics, premorbid personality, and present environmental characteristics through questionnaire survey on their family members. The survey was performed through direct interview, telephone contact. and mail in the regions of Pusan and Gyeongnam. Among family members contacted. 112 ones made an appropriate response to the survey. The statistical package SAS was utilized for descriptive statistics, correlation coefficients, stepwise multiple regression, and cluster analysis. The results of the study were as follows: 1) Demographic and social characteristics of the patients surveyed are female 81.3%, average age 81.4 years, lack of schooling 83.0%, spouse dead 73.2%, having no other disease 58.9%, average duration of dementia 3.8 years, no medical treatment for dementia 84.8%, good married life 40.2%, and primary care given by daughter-in-law 49.1%. 2) Aggressive Psychomotor Behavior(APB) was observed in a way statistically meaningful in case that primary care was given by daughter-in-law, while Nonaggressive Psychomotor Behavior(NPB) was in case of good married life and primary care given by other than daughter-in-law and spouse. Verbally aggressive behavior (VAB) was observed in groups of female, spouse dead, bad married life, and daughter-in-law's primary care. As for Passive Behavior(PB), it was observed in case that patients had educational background of not less high than middle school and that they were having medical treatment. Functionally Impaired Behavior(FIB) was observed in age group of 60-69 and more than 90, in patients' group having no other disease, and in case that the duration of dementia was not less than 5 years. 3) Premobid Neuroticism(N) showed positive correlation with APB and VAB, while Openness (O) did negative correlation with PB. Agreeableness (A) was proved to have positive correlation with PA and FIB, but to have negative correlation with APB and VAB. In addition, Conscientiousness(C) showed negative correlation with APB and VAB. 4) The worse the psychosocial environment was, the more NPB and VAB were observed. 5) APB was explained 24% by C and primary care-giver, while NPB was explained 28% by psychosocial environment, having other disease or not, and married life. VAB was explained 40% by A. sex, and married life. On the other hand PB was explained 33% by O, A. N, and having medical treatment or not. But any significant factor was not found to explain FIB. 6) A cluster analysis was performed on disturbing behaviors of demented elderly staying at home. It enabled to regroup the demented elderly in 5 patterns: high scored in NPB, high scored in FIB. high scored in NPB and VAB, moderately scored in most disturbing behaviors, and low scored in all areas. In conclusion, disturbing behaviors of demented elderly not only reflect their premorbid personality in the past, but also are affected by their present psychosocial environment. Therefore, it is necessary to encourage and respond them with understanding their disturbing behaviors in relation to their past premorbid personality. In addition, it is important to provide them better psychosocial environment in order to reduce their disturbing behaviors.