• 국제학술발표논문집
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• The 3th International Conference on Construction Engineering and Project Management
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• pp.144-152
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• 2009

Construction contracts involve the allocation or distribution of the risks inherent to a construction project between or among contracting parties. However, it has been a common practice that only one party drafts the contract due to practical reasons and particular policies of various organizations. Interviews were conducted on some local contractors to gain their meaningful insights and standpoints on the allocation of each risk. These results were compared with the actual risk allocation using the Philippine government standard contract and risk principles from the literature to determine if their considered opinions provide a plausible alternative. A sample application of this evaluation is presented for construction-related risks and risk allocation recommendations are provided in the end.

• 한국경제지리학회지
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• 제18권4호
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• pp.522-538
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• 2015

본 연구는 대규모 유가공업체 매일유업과 전라북도 고창군 낙농가 간 유기농 원유 계약생산을 대상으로, 계약생산이 고창군에서 시작된 배경을 고찰하고, 계약생산의 실제와 계약주체 간 관계를 중심으로 계약생산의 특징을 규명하고, 이로 인해 나타나는 지역 낙농업의 변화를 설명하였다. 사례지역의 유기농 원유 계약생산은 시장개방으로 위기에 처한 기업의 제품 다각화 전략과 고창군의 청정 환경, 그리고 지방정부와 낙농가의 긍정적 태도가 맞물리면서 성립되었다. 고창군의 유기농 원유 계약생산은, 한편으로는 참여 농가의 생산규모를 선택적으로 증가시킴에 따라 역내 낙농가 간 생산규모의 격차를 유발하고 있으나, 다른 한편으로는 계약농가의 유기농가로의 전환을 통해 역내 유기농업의 확산을 가져옴에 따라 관행농업 중심의 계약생산에 대한 일반의 우려를 불식시키고 있다.

• 무역학회지
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• 제41권4호
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• pp.21-40
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• 2016

본 연구는 최근 구매주문서 발송을 조건으로 한 매도인의 승낙을 주요 이슈로 하는 CISG상 판례가 있어 이를 소개하고 심층 분석한 논문에 해당한다. 이러한 분석을 위해 CISG상 계약의 성립 관련 조항을 청약과 승낙으로 나누어 고찰하고, 특히 이 판례의 주요 이슈가 되고 있는 대응청약과 승낙의 요건 및 연착된 승낙의 인용 관련 조항을 주로 고찰하였다. 이와 더불어 판례의 분석과 CISG상 관련 조항의 분석을 통해 CISG를 준거법으로 하여 국제물품매매거래에 임하는 거래 당사자들이 유의하여야 할 실무적 시사점을 도출하였다.

• 무역상무연구
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• 제12권
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• pp.377-401
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• 1999

This study is focused on the privity of the contract of carriage of goods by sea, so to speak, privity between B/L holder and carrier by transfer of bill of lading, privity by attornment to delivery order and conflict between bills of lading and charterparty terms. Under a CIF contract, possession of the bill of lading is equivalent to possession of the goods, and delivery of the bill of lading to the buyer or to a third party may be effective to pass the property in the goods to such person. The bill of lading is a document of title enabling the holder to obtain credit from banks before the arrival of the goods, for the transfer of the bill of lading can operate as a pledge of the goods themselves. In addition, it is by virtue of the bill of lading that the buyer or his assignee can obtain redress against the carrier for any breach of its terms and of the contract of carriage that it evidences. In other words the bill of lading creates a privity between its holder and the carrier as if the contract was made between them. The use of delivery orders in overseas sales is commen where bulk cargoes are split into more parcels than there are bills of lading, and this practice gives rise to considerable difficulties. For example, where the holder of a bill of lading transferred one of the delivery orders to the buyer who presented it to the carrier and paid the freight of the goods to which the order related, it was held that there was a contract between the buyer and the carrier under which the carrier could be made liable in repect of damage to the goods. The contract was on the same terms as that evidenced by, or contained in, the bill of lading, which was expressly incorporated by reference in the delivery order. If the transferee of the delivery order presents it and claims the goods, he may also be taken to have offered to enter into an implied contract incorporating some of the terms of the contract of carriage ; and he will, on the carrier's acceptance of that offer, not only acquire rights, but also incur liabilities under that contract. Where the terms of the charterparties conflict with those of the bills of lading, it is interpreted as below. First, goods may be shipped in a ship chartered by the shipper directly from the shipowner. In that case any bill of lading issued by the shipowner operates, as between shipowner and charterer, as a mere receipt. But if the bill of lading has been indorsed to a third party, between that third party and carrier, the bill of lading will normally be the contract of carriage. Secondly, goods may be shipped by a seller on a ship chartered by the buyer for taking delivery of the goods under the contract of sale. If the seller takes a bill of lading in his own name and to his own order, the terms of that bill of lading would govern the contractual relations between seller and carrier. Thirdly, a ship may be chartered by her owner to a charterer and then subchartered by the chaterer to a shipper, to whom a bill of lading may later be issued by the shipowner. In such a case, the bill of lading is regarded as evidencing a contract of carriage between the shipowner and cargo-owners.

• 무역상무연구
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• 제54권
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• pp.99-122
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• 2012

According to the United Nations Convention on the International Sale of Goods, the Seller must deliver the goods, hand over any documents relating to the them and transfer the property the to the goods as required by the contract, and buyer must pay the price for the goods and take delivery of them as required by the contract. In particular, the seller provides the documents is important. If the documents are discrepancies in credit, the beneficiary may not receive the payment. So It is important to study on conditions of documents in international trade. Documents provided by the seller shall be determined by express terms. If there is no agreement on the express terms, it shall be determined by the implied terms or governing law terms. In practice Seller shall provide the documents are as follows, For example, transport documents, commercial invoice, certificate of origin, insurance policy, packing list, inspection certificate etc. As stated above if it can not be determined by express terms, it is determined by the implied terms. In international trade, leading to the implied terms is incoterms(R) 2010 and UCP 600. Incoterms(R) 2010 define the seller must provide the goods and the commercial in conformity with the sales contract and any other evidence of conformity that may be required by the contract and UCP 600 are rules that apply to documentary credit. This paper, the practical utility between Incoterms(R) 2010 and UCP 600 is studied.

• 한국식품영양학회지
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• 제19권3호
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• pp.301-310
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• 2006

This study was aimed to evaluate the relation of food hygiene knowledge and practices of the contract foodservice employees and housewives. The employees were mainly sampled using convenience sampling method and surveyed through the questionnaire. The SPSS 12.0 was used for statistical analysis: data frequency, t-test, one-way ANOVA. The scores of the contract foodservice employees were higher in personal hygiene and time-temperature control from hygiene knowledge category and in cleaning & sanitizing, and time-temperature control from hygiene practice category than those of housewives. The level of hygiene knowledge improved with continuous education, and people aged over 51 year showed better score in hygiene practices than those of age 20${\sim}$35. The score of hygiene knowledge or hygiene practices were higher in the group who graduated front middle or high school than the group who had MS degree, because they might have the good hygiene habit or behavior from the continuous education about the food hygiene.

• 한국중재학회지:중재연구
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• 제32권4호
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• pp.33-51
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• 2022

According to the CISG, there are no special regulations for a reasonable period of time among the obligations to notify the contractual suitability of the goods. As a result, many disputes arise in 'notification within a reasonable period' despite being the most important treaty in practice in defining the obligation to notify nonconformities according to the suitability of goods for each case. Regarding the interpretation of Article 39 of the CISG, various judgments and arbitration decisions are being made in each country for a reasonable period to notify that the goods are not suitable for the contract.There are criticisms that these various views are too harsh on the buyer in the buyer's obligation to notify.It is important to create a unified principle because courts or arbitration agencies of the Contracting States of this Convention interpret in various ways the reasonable period of violation of the contract of goods stipulated in the Convention. Since most of the international commodity trading transactions around the world are regulated by the CISG, it is necessary to analyze and interpret cases in which this Convention is applied in court or arbitral tribunal of each country to derive a unified principle.

• 무역학회지
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• 제41권4호
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• pp.111-129
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• 2016

일반적인 물품의 국제매매계약은 오랜 역사를 두고 연구의 대상이 되어 왔다. 물품의 국제매매계약서 작성시 참고할 수 있는 표준계약서 중 대표적인 것으로 ICC의 모델 국제매매계약서가 있다. 이는 무역 실무자들에게 법적 안정성과 작성의 편의성을 제공하는데 일조하고 있다. 본고에서는 ICC의 모델 국제매매계약서의 내용들을 참고하여, 예술품(조형물을 중심으로)의 국제간 거래에서 이용될 수 있는 계약서의 주요내용을 실질조항과 일반조항으로 나누어 제안하였다.

• 대한물리치료과학회지
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• 제19권2호
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• pp.43-53
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• 2012

Purpose : This study is performed to investigate the status and recognition of the education for physical therapy clinical practice. Method : This study used a descriptively designed survey in which 328 clinical instructor, 55 professors and 404 college trainee students in Korea are participated. The research instruments developed by Kim(2004) and Park(1997) are used. The collected data were analyzed by SPSS/PC+12.0. Results : 1. Trainees are in favor of practicing in the university hospital, but more needed to practice in various clinical institutions. 2. Clinical practice period is 400-600 hours. The time of clinical practice has been shifted to the summer vacation, so it is needed to be scattered along semester evenly. 3. The categories of diseases should be determined, by which trainees to experience the assessment and treatment through clinical practice. 4. For the case of accident during clinical practicing, an insurance contract is required for trainees. 5. Through school and clinical institutions, the common and standardized clinical practice manuals or instructions are needed. Conclusion : Clinical institutions and college for student training to improve efficiency are forced to study systematically.

• 무역상무연구
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• 제25권
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• pp.41-71
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• 2005

"UNIDROIT Principles 2004" focused on an enlargement rather than a revision. An additional Section or Chapter so to speak, which are about, the Authority of a Agents, Third Party Rights, Set-off, Assignment of Rights, Transfer of Obligations and Assignment of Contracts, and Limitation Periods have been added, while the only change of substance made to the 1994 Edition, apart from two paragraphs in the Preamble, and three new provisions in Chapter 1 and 2 which are necessary to adapt the Principles to the needs of electronic contracting. The Principles which have the nature of the restatement of international uniform laws (for example CISG) are continuous exercise. Therefore we should note whether in the future our concerns would be on a additional topics on a improvement of the current text by monitoring the reception of the "UNIDROIT Principles 2004" in practice, and the application by contracting parties. The purposes of the Principles may be classified into three ; the rules of law governing the contract, means of interpreting and supplementing international uniform law or domestic law, or models for national and international legislator. Among them, the function of governing law may be applied by the express choice by the parties or by the implied choice like "general principles of law" or "les mercatoria", and it may be applied in the absence of any choice of law by the parties. Among there importance functions, this writer would like to emphasize the function to supplementing international uniform law instruments. The reason is that the CISG which has been established as an international uniform sales act and to which our country would be a contracting State from March, 2005, needs a lot of gap-filling. For this purpose it is advisable the parties to insert following provisions in their contract. "This contract shall be governed by the CISG, supplemented when necessary by the UNIDROIT Principles 2004" Thus success in practice of the UNIDROIT Principles over the last then years has surpassed the most optimistic expectations. It is hoped that the 2004 Edition of the UNIDROIT Principles will be just as favorably received by legislators, business persons, lawyers, arbitrators and judges and become even better known and more widely used throughout the World.