• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.67
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• pp.1-21
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• 2015

U. N. Convention on Contracts for the International Sale of Goods (hereinafter the 'CISG' or the 'Convention') has been in force more than 37 years. The CISG responds to the need for uniform sales law. First of all, the biggest barrier against the uniformity in sales law is so-called "homeward trend". Professor Honnold, who served as secretary of UNCITRAL during the time in which the CISG was developed, pointed out the danger of "homeward trend" like this in his Article. "One threat to international uniformity in interpretation is a natural tendency to read the international text through the lenses of domestic law." CISG Article 79 is the principal provision governing the extent to which a party is exempt from liability for a failure to perform any of his obligations due to an impediment beyond his control. So-called 'Manfred Forberich' decision regarding the article 79 represents the most extreme example of what is likely the most dangerous error that tribunals applying the CISG can make. CISG Article 79 only governs impossibility of performance, and there is a controversy whether a disturbance which does not fully exclude performance, but it considerably more difficult or onerous(hardship, change of circumstances, economic impossibility) can be considered as an impediment. Unlike PICC and PECL, the CISG governs contract of sale. Therefore, events such as a sudden increase in the price of raw materials or a dramatic devaluation of currency, will not allow the seller to avoid his liability for non-delivery of the goods or to require renegotiation of the terms of the contract of sale. We should bear in mind that the CISG should be interpreted and applied in the context of the CISG itself.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.16
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• pp.83-114
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• 2001

This paper is focussed on the main features and problems of SGA amendment. main features and problems are as below. First, SGA section 14 uses a new term, that of "satisfactory quality", which is defined in a somewhat circular way and introduces some guidelines in order to solve other problems perceived as arising under the "merchantable quality". The change was largely to assist in the better resolution of consumer disputes and not necessary for commercial disputes because the change involves the substitution of a phrase which meant something but was inappropriate to commercial disputes. As with the definition of "merchantable quality", a court can take the new formulation as an invitation to start afresh; or it can refer to the previous case law. Second, before the SGA amendment, a contract for the sale of undifferentiated part of a bulk shipped or to be shipped on a named ship was a contract for the sale of unascertained goods. So the effect was that property could not pass to the buyer, even though he had paid the price in full, before the goods become ascertained. The main object of the SGA amendment was to improve the buyer's position where he had paid for a specified quantity of goods forming an undifferentiated part of an identified bulk and the seller then became insolvent before the goods for which the buyer had paid were ascertained. The improvement was achieved by making section 16 of the SGA 1979 subject to a new section 20A and includig section 20B, under which a buyer of a specified quantity bulk can acquire a proprietary interest in the bulk. This proprietary solution still has some problems in international sale of goods. Therefore, it would be more appropriated SGA should settle disputes between parties through payment, passing of risk, delivery of goods and/or documents etc. instead of property rights like UCC.

• Korean Journal of Construction Engineering and Management
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• v.7 no.1 s.29
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• pp.110-118
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• 2006

Current design-build contract is the type of joint venture, but performs by separate party which causes change orders due to the lack of communication between design and construction, so it cannot lead the main object which is the integration of design and construction. Furthermore, the current design-build contract is impossible to reduce the project costs by VE at the design development phase because the design proceeds with the fixed price through bidding. Like these limitless, the analysis results of the case of VE in the design-build projects, several problems that are prevented from active design VE are elicited by the project participants. Meanwhile, Ministry of Construction & Transportation decided to enlarge the VE review system lately. Therefore, in this study, it presented model of design VE partnering of design-build and partnering agreements form to apply design VE and to try to be able to lead the design VE to be more successful in public design-build projects.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.30 no.3
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• pp.1-11
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• 2012

This study examines the implementation process of landscaping projects in Japanese colonial era focusing on landscaping of Keijo Imperial University and draws conclusions as follows. First, landscaping of Keijo Imperial University in Japanese colonial era progressed based on Hoegyebeop and it provides important materials including the floor plan of the garden, detailed statement and other documents required for the construction. Second, it was all Japanese enterprises that took part in landscaping of Keijo Imperial University and the construction progressed under a private contract by lowest-price contract-awarding system after five enterprises' submitting estimates. Third, according to the floor plan for the landscaping, the garden had a shape of a quadrant and its boundaries were utilized as side gutters and connected to a drainage system. Fourth, though the floor plan doesn't clarify specific names of trees, detailed statement shows sorts of trees of the time. Trees of Chosun were plentifully introduced due to regional features and pines were the most expensive one when they were voluminous. This study has significance that it conducts an empirical research on main materials and techniques of landscaping projects in Japanese colonial era.

• Korean Journal of Poultry Science
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• v.6 no.2
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• pp.91-102
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• 1979

The basic problem of the broiler industry is that of fluctuating prices, mainly thanks to unstable supply of and inelastic demand for products as usually indicated as a peculiarity of agricultural commodities. This particularly brings the producer to a great economic risk, because he has to sell products under the condition of pure competition, whereas others from whom he has to buy deal under the condition of oligopoly or even monopoly. Therefore, producers economic position is generally placed in the worst comparing others dealing with, which results in unbalanced economic status of elements involved in broiler operation and further obstruction of industry development as a whole. A certain type of business coordination to overcome such a problem should be measured in order to improve the efficiency of entire operation and thus assure the balanced industry development. The concept of the economic integration developed in modern business system had been adapted to U.S. poultry industry which became common later around the world as a means of stabilizing producers price and whole industry as well. There are two main typos of integration; horizontal and vertical The former refers to the general grouping of similar business units, eg. a hatchery tying with other hatchery, while the latter refers to the knitting together of two or more stages of economic activities, eg. tying together among units of hatching, fled milling, production, processing and marketing. By having the industry integrated, risk and uncertainty involved in various stages of operation could be diversified. The typo of integrating contract between producers and integrators include the share of profits, flat fee payment, feed conversion payment and salary basis. In the U.S., extensive changes in production, processing, and marketing during the last few decades have changed the thicken broiler industry from one of small, widely scattered farms to one that is largo, concentrated and efficient. More than 99 percent of all broilers produced are grown under contract and by integrated firms which vary in size of operation and complexity. About 84 percent of all production is concentrated in 10 States. Some of the other factors ;hat contributed to these choses arc costs, energy use, prices, processing, marketing and demand. No integrated broiler production system has yet been applied in Korea's poultry industry, thus all stages all broiler operation run independently seeking for its own profit. Consequently, producers price fluctuate very widely around the year even more than 50 percent in a few months. This also leads to disadvantages of material supplies, processors and distributors and enforce the industry unstable. The current economic environment in Korea seems that the time for broiler integration comes and as an ideal integrator, feed millers, food processors and producers group may be considered.

• Journal of Climate Change Research
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• v.2 no.2
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• pp.115-131
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• 2011

Out of all the possible actions that can be taken to respond to greenhouse gas reduction, including development of greenhouse gas reduction technology, infrastructure, actions to improve energy saving and efficiency, and offset with carbon emission reductions (CERs), this study shall focus on the investment on CERs. This study will take a look at risks involved with investing in CERs such as UN registration refusal risk and CERs price fluctuation, and will design risk management model which shall be verified. The goal of this paper is to provide optimized CERs investment strategies for different types of investors, such as general trading companies seeking for investment opportunities and financial companies with plans for green products development and investment by preparation for carbon market. It is expected that the global competitiveness of domestic financial companies shall be improved by taking actions on carbon market instead of previous passive response to climate change and that Korea, the number two Carbon Emissions supplier and number one derivatives market in terms of volume, shall be able to lead the worldwide carbon market.

• Korean Journal of Construction Engineering and Management
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• v.20 no.3
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• pp.22-30
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• 2019

The purpose of this study is to derive basic data of the Guaranteed Maximum Price(GMP) process and to present specimens that can be used at the time of execution of CM at Risk project in South Korea. CM at Risk project is issued in South Korea, but the actual data is lack. On the other hand, CM at Risk project is universalized and the market of the CM at Risk is steadily growing. Because of that, in this study, The United States cases was selected as a sample. GMP consists of CM's fee, CM contingency, project direct cost, project indirect cost, allowance. GMP negotiations are performed before the end of design completion, and after 3 rounds of estimation comparison, preliminary GMP is confirmed. GMP can be multiple contract and it is useful for Procurement of long lead materials and early construction. If the actual cost is lower than expected GMP, sharing of the saving is an option since the conflict of interests between the client and the contractor can occur.

• Korean Journal of Construction Engineering and Management
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• v.14 no.4
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• pp.24-34
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• 2013

Since 2004, the government decided to gradually introduce Actual Cost Data into cost estimate for improving problems of below-cost tendering and to reflect fair market price through competition and carry contract efficiently. However, there are many concerns that Actual Cost Data has not reflected real market price, even that has contributed to reduce the government's budget. General construction firm's burden for labor cost is imputed to specialty contractors and eventually it becomes construction worker's burden. Therefore, realization of Actual Cost Data is very important factor to settle this system. To understand realization level and make short term forecast, this paper drew construction group of which labor cost constitutes more than 95% of direct cost, and compares their Actual Cost Data with relevant skilled workers's unit wage and predicts using time series analysis. The bid price which is not be reflected market price accelerates work environment changes and leads to directly affect such as late disbursement of wages, bankruptcy to workers. Therefore this paper is expected to be used to the preliminary data for solving the problem and establishing improvement of Actual Cost Data.

• The Korean Society of Law and Medicine
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• v.23 no.4
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• pp.3-28
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• 2022

Recently, the targets and clauses of negotiation between 'National Health Insurance Service (NHIS)' and Pharmaceutical companies has been expanded. Due to newly adopted 'Quality management clause', 'Compulsory supply maintenance clause' and 'Penalty for breach of contract clause', not only 'Ministry of Health and Wellfare (MOHW)'s 'drug listing' and 'Price cap' announcement, but also 'negotiation between NHIS and pharmaceutical companies' can be a legal sanction to the suppliers. Once secretary of MOHW order NHIS to negotiate with pharmaceutical company, NHIS notify this order to the company and enter into the negotiation. 'The order' exists in the public domain between the government (MOHW) and public institutions (NHIS) and does not constrain the legal rights of companies (Therefore companies cannot pile a lawsuit about the order). However, 'the notice' or 'negotiation' is an act which has a counterpart, can be a target of administrative litigation if the company get some disadvantages from the talks. Negotiations can be divided into four types according to "the target (whether it is listed on the insurance benefit list)" and "the purpose (whether the target is price or conditional)." In particular, negotiations on listed drugs, whose goal is to set unfavorable conditions for companies, can be illegal if there is no price. So we need to consider compensation for the company as an incentive to negotiate.

• Korean Journal of Construction Engineering and Management
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• v.4 no.4 s.16
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• pp.69-79
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• 2003

About 93$\%$ of domestic teal estate construction firms registered as the end of 2001 recorded net profits of only less than 500 million won(including firms in the red) for the term. As a result of having analyzed the ratios of sales costs and the structural ratios of sales costs for the past 10 years, it was found that there have been great changes in structural ratios of sales costs. Material costs and labor costs have gradually decreased, but outsourcing costs of processing have greatly increased. In order to find activity points which are fundamental to cost control, the methods of new activity based cost management have been pursued. The characteristics of real estate construction industry lie in the fact that contract prices (sales in) are fixed and amounts of profits differ depending on the use of costs. In order to create maximum profits from fixed contract prices, the new activity based cost management has been proposed. The control of operation budgets and management costs is designed to control their schedules and expenses in different respects. Operation budgets ate executed with specific activities and management costs are controlled as a form of material costs, labor costs, out sourcing costs and expenses which are details of expenditure. In order to execute them by using the methods of new activity based cost management, first of all, we have to analyze what activity drivers ale and how much added values such activities can create. It is considered as a method of cost management which is necessary far the survival management of real estate construction industry.