• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.163-186
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• 2009

On April 11, 1980, the "United Nations on Contracts for the International Sale of Goods" ("CISG") was prepared by the United Nations Commission on International Trade Law (UNCITRAL) and approved by a diplomatic conference in Vienna providing uniform law for international sales of goods. It took effect as of March 1, 2005, in Korea. It is set forth on the seller's remedies for breach by the buyer Section III (Art. 61 - 65) under the CISG. In this study, the focus is only on the seller's notice fixing additional final period for performance (Art. 63) and the right to avoid the contract (Art. 64), with examination on some relevant foreign arbitral awards rendered by the ICC and the CIETAC together. Article 63 provides that the seller may fix an additional period of time for reasonable length for performance by the buyer of his obligation. It was found from the above arbitral awards that the concept of 'reasonable length' should be decided on a case-by-case basis, given the specific circumstances in the case [Art. 63(1)]. It is provided that unless the seller has received a notice that he will not perform within the period so fixed, the seller may not, during that period, resort to any remedy for breach of contract in accordance with Article 63(2). Article 64(1) provides the means and grounds for avoidance of the contract, which can be avoided 1) when the breach of the buyer amounts to a fundamental breach of contract, or 2) when the additional period of time is fixed by the seller, unless the buyer declares that he will not perform so within the period of fixed time. As we examined in the above arbitral awards, it was held that the contract is avoided when the seller sends the final notice stating that he will avoid the contract, after the expiration of the additional period of time fixed by the seller in the ICC award. On the contrary, it was held that the contract should be deemed to be avoided exactly when the expiration of additional period noted in the avoidance notice is elapsed in the CIETAC award. Article 64(2) sets time limits for avoidance.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.275-305
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• 2009

Marine insurance contracts, which intended to provide indemnity against marine risks upon the payment of price, known as a premium, originated in Northern Italy in the late 12th and early 13th centuries. The law and practice were later introduced into England through the Continent. It is, therefore, quite exact that English and European marine insurance law have common roots. Nevertheless, significant divergences between English and European insurance systems occurred since the late 17th century, mainly due to different approaches adopted by English courts. The rule of warranty in English marine insurance was developed and clarified in the second part of the 18th century by Lord Mansfield, who laid the foundations of the modern English law of marine insurance, and developed different approaches, especially in the field of warranty in marine insurance law. Since the age of Lord Mansfield, English marine insurance law has a unique rule on warranty. This article is, therefore, designed to analyse the overall rule of the rule of warranty in English marine insurance law. The result of analysis are as following. First, warranties are incorporated to serve a very significant function in the law of insurance, that is, confining or determining the scope of the cover agreed by the insurer. From the insurer's point of view, such the function of warranties is crucial, because his liability, agreed on the contract of insurance, largely depend on in, and the warranties, incorporated in the contract play an essential role in assessing the risk. If the warranty is breached, the risk initially agreed is altered and that serves the reason why the insurer is allowed to discharge automatically further liability from the date of breach. Secondly, the term 'warranty' is used to describe a term of the contract in general and insurance contract law, but the breach of which affords different remedies between general contract law and insurance contract law. Thirdly, a express warranty may be in any form of words from which the intention to warrant is to be inferred. An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy. It does not matter how this is done. Fourthly, a warranty is a condition precedent to the insurer's liability on the contract, and, therefore, once broken, the insurer automatically ceases to be liable. If the breach pre-dates the attachment of risk, the insurer will never put on risk, whereas if the breach occurs after inception of risk, the insurer remains liable for any losses within the scope of the policy, but has no liability for any subsequent losses. Finally, the requirements on the warranty must be determined in according to the rule of strict construction. As results, it is irrelevant: the reason that a certain warranty is introduced into the contract, whether the warranty is material to the insurer's decision to accept the contract, whether or not the warranty is irrelevant to the risk or a loss, the extent of compliance, that is, whether the requirements on the warranty is complied exactly or substantially, the unreasonableness or hardship of the rule of strict construction, and whether a breach of warranty has been remedied, and the warranty complied with, before loss.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.133-160
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• 2009

In International trade the buyer and seller are normally separated from on another not only by distance but also by differences in language and culture. It is rarely possible for the performance of obligations to be simultaneous and the performance of contracts therefore calls for trust in a situation in which the parties are unlikely to feel able to trust each other unless they have a longstanding and successful relationship. Thus the seller under an international contract of sale will not wish to surrender documents of title to goods to the buyer until he has at least an assurance of payment, and no buyer will wish to pay for goods until he has received them. A gap of distrust thus exists which is often bridged by the undertaking of an intermediary known and trusted by both parties who will undertake on his own liability to pay the seller the contract price in return for the documents of title and then pass the documents to the buyer in return for the reimbursement. This is a common explanation of the theory behind the documentary letter of credit in which the undertaking of a bank of international repute serves as a "guarantee" to each party that the other will perform his obligations. The independence principle, also referred to as the "autonomy principle", is at the core of letter of credit or bank guarantee law. This principle provides that the letter of credit or bank guarantee is independent of the underlying contractual commitment - that is, the transaction that the credit is intented to secure - between the applicant and the beneficiary ; the credit is also independent of the relationship between the bank and its customer, the applicant. The most important exception to the independence principle is the doctrine of fraud in the transaction. A strict interpretation of the rule that the guarantee is independent of the underlying transaction would lead to the conclusion that neither fraud nor manifest abuse of rights by the beneficiary would constitute an objection to payment. There is one major problem related to "Independent guarantees", namely abusive or unfair callings. The beneficiary may make an unfair calling under the guarantee. The countermeasure of beneficiary's unfair calling divided three cases. First, advance countermeasure namely by contract. In other words, when the formation of the contract, the parties must insert the Force Majeure Clause, Arbitration Clause to Contract, and clear statement to the condition for demand calling. Second, post countermeasure namely by court. Many countries, including the United States, authorize the courts to grant an order enjoining the issuer from paying or enjoining the beneficiary from receiving payment under the guaranty letter. Third, Export Insurance. For example, the Export Credit Guarantees Department is prepared, subject to certain conditions, to cover the risk of unfair calling. Of course, KEIC in Korea is cover the risk of the all things for guarantees. On international projects, contractor performance is usually guaranteed by either a standby letters of credit or Independent guarantee. These instruments will be care the parties.

• Journal of Korean Orthopaedic Sports Medicine
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• v.7 no.2
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• pp.151-155
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• 2008

During sports activity, rectus femoris muscle can be commonly injured as the quadriceps contracts forcefully to extend the knee and flex the hip, and rectus femoris muscle has a high percentage of type II muscle fibers which enable it to produce rapid forceful activity and the muscle is the only biarticular muscle of the quadriceps. Avulsion fractures by the traction of rectus femoris from the anterior inferior iliac spine in children are often reported. Rarely, complete rupture of proximal musculotendinous junction of rectus femoris muscle in adult may occurs by chronic repetitive stimulation and may mimic soft tissue neoplasm in the case of no history of antecedent trauma. However, there has been no report of acute complete rupture of origins of the rectus femoris muscle during relay race till now. So, we report a case of acute complete rupture of origins of the rectus femoris muscle occurred during relay race in middle-aged man, diagnosed by magnetic resonance image and treated by surgical repair with review of current literature.

• Journal of Astronomy and Space Sciences
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• v.23 no.3
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• pp.217-226
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• 2006

We report three sawtooth oscillation events observed at geosynchronous orbit where we find quasi-periodic (every 2-3 hours) sudden flux increases followed by slow flux decreases at the energy levels of ${\sim}50-400keV$. For these three sawtooth events, we have examined variations of the outer boundary of the outer radiation belt. In order to determine L values of the outer boundary, we have used data of relativistic electron flux observed by the SAMPEX satellite. We find that the outer boundary of the outer radiation belt oscillates periodically being consistent with sawtooth oscillation phases. Specifically, the outer boundary of the outer radiation belt expands (namely, the boundary L value increases) following the sawtooth particle flux enhancement of each tooth, and then contracts (namely, the boundary L value decreases) while the sawtooth flux decreases gradually until the next flux enhancement. On the other hand, it is repeatedly seen that the asymmetry of the magnetic field intensity between dayside and nightside decreases (increases) due to the dipolarization (the stretching) on the nightside as the sawtooth flux increases (decreases). This implies that the periodic magnetic field variations during the sawtooth oscillations are likely responsible for the expansion-contraction oscillations of the outer boundary of the outer radiation belt.

• The Journal of Industrial Distribution & Business
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• v.8 no.7
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• pp.39-49
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• 2017

Purpose - There are common factors both in Technology Readiness and Acceptance Model and Technology Paradox Theory which can be put together and made in one unified model. The unified model can provide the following merits. First, the unified model is simple but contains factors of the models. Second, the unified model can clarify the process of technology acceptance of common consumers. Third, the unified model can provide the opportunities to analyze the negative sides of new technology, thus find ways to improve the level of acceptance by general consumers. Research design, data, and methodology - The 450 questionnaires were handed out to people around Seoul and 421 were collected. Except insincere and wrong-marked ones, 402 were used to analyze. SPSS program was used to analyze. Factor analysis, regression analysis was conducted to test the hypotheses. Results - By analyzing sub-factors of both models and binding the common factors in one category, we accomplish one model. And we tested the model by empirical method. The results show that the results from the unified model are almost same as the results from the two models. In other words, the unified model works. Conclusions - Explaining one state of affair by two different method is in some sense distracting attention. By devising a new model including factors of both models, we can explain the affair more straightforward and efficiently. At first the technology acceptance model was devised to explain the technology users in an organization and the following tests and revised models were for the similar purposes. However, as on-lone activities including contracts have been expanded and become important, consumers as the technology uses have emerged as first factor to consider. In accordance models to explain this situation has been suggested. The model suggested in this research is one of the models but it has the following merits. That is, it is simple but has strong explanation power, it can clarify the process of technology acceptance of common consumers by containing negative sides of consumer conception, and thus, it can provide the opportunities to analyze the negative sides of new technology, also find ways to improve the level of acceptance by general consumers.

• Korean Journal of Construction Engineering and Management
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• v.18 no.4
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• pp.57-66
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• 2017

Using bidding data collected from the World Bank's open database, this research performed a series of competitive analyses of the major countries that have participated in the Bank's engineering consulting services contracts in Vietnam. The goal of the analysis was to evaluate the performance of Korean engineering firms to date, and provide strategic recommendations for future projects. Results showed that Korean firms had a high bid acceptance rate, comparable to major developed countries. The success was attributed to the high technical scores in the selection process. Comparatively, financial scores were not competitive and inferior to developing countries such as China and India. Results of a 'Skitmore' analysis revealed that Korea was competitive in medium size projects and were situated between developed and developing countries. Korea thus needs to increase participation in basic and detailed design services, 2) improve labor costs through 'localization' and latest technologies, and 3) and venture into larger sized projects.

• The KIPS Transactions:PartD
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• v.14D no.3 s.113
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• pp.319-328
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• 2007

As the coverage of Web services become wider and the number of implementation cases is growing, the importance of applying the Web services quality model to real world is increased. For maintaining the level of Web services qualify, it should be required to study on assurance method of Web services qualify level. Assurance for Web services, which is newly proposed by OASIS TC, means the totality of activities for managing the quality level of them. For managing Web service quality, Web service associates could usually use SLA(Service Level Agreement) method in which a service consumer contracts for some service level with a service provider and gives for penalty or pays incentives according to the result of evaluation of services. But, there are some difficulties in applying SLA to Web services, because Web services have publicity, multiple users, and 3rd party for management. So, we need a new assurance method for Web service by considering the characteristics of Web services. This paper provides the new concept of committed assurance level for Web services. This concept can be defined as the set of maximum level of quality expected by each user, which provide the consistent view of Web service quality. This paper presents the method for duality associates to preserve some quality level of Web service by using this concept.

• International Journal of Highway Engineering
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• v.13 no.4
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• pp.51-59
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• 2011

Tensile stress occurs and random crack develops in concrete pavement slab when it contracts by variation of temperature and humidity. The tensile stress decreases and the random crack is minimized by sawcutting the slab and inducing the crack with regular spacing. The random crack, joint damage, decrease of load transfer efficiency are caused by too wide joint spacing while too narrow joint spacing leads to increase of construction cost and decrease of comfort. A mechanistic-empirical joint spacing design method for the concrete pavement was developed in this study. Structurally and environmentally weakest sections were found among the sections showing good performance, and design strengths were determined by finite element analysis on the sections. The joint width for which the load transfer efficiency is suddenly lowered was determined as allowable joint with referring to existing research results. The maximum joint spacing for which the maximum tensile stress calculated by the finite element analysis did not exceed the design strength were found. And the maximum joint width expected by the maximum joint spacing were compared to the allowable joint width. The new method developed in this study was applied to two zones of Hamyang-Woolsan Expressway being designed. The same joint spacing as a test section constructed by 8.0m of joint spacing wider than usual was calculated by the design method. Very low cracking measured at 6 years after opening of the test section verified the design method developed in this study.

• Korean Business Review
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• v.19 no.1
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• pp.223-240
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• 2006

The purpose of this study is to review the current state of the transformational leadership and LMX approach to the study of leadership. Leadership research has witnessed a shift from traditional transactional models to a new genre of theories of transformational and charismatic leadership and LMX. Transformational leadership theories offer the promise of extraordinary individual and organizational outcomes. Leaders motivate followers to perform beyond expected levels by activating higher order needs, fostering a climate of trust, and inducing them to transcend their self-interest for the organization's sake. Numerous investigations point of the robustness of the effects of such leadership on individual and organizational outcomes such as job satisfaction, organizational commitment, and performance. LMX theory suggests that leaders do not use the same style in dealing with all subordinates, but rather develop a different type of relationship or exchange with each subordinate. These relationships range from those that are based strictly on employment contracts to those that are characterized by mutual trust, respect, liking, and reciprocal influence. LMX has been positively related to job satisfaction, productivity, and career progress of managers and negatively related to turnover and employee grievances. In conclusions, effective leaders link achievement of organizational goals to follower fulfillment of self-development goals, with the former advancing the latter.