• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.53
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• pp.49-74
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• 2012

This study primarily concerns the seller's right to require performance under the United Nations Convention on International Sale of Goods(1980) (here-in-after the CISG). By virtue of art. 62 of the CISG, the seller may require to pay the purchase price, take delivery or perform his other obligations. The right is known as a process whereby the aggrieved seller obtains as nearly as possible the actual subject-matter of his bargain, as opposed to compensation in money for failing to obtain it. The study describes and analyzes the provisions of the CISG as to the seller's right to require performance, focusing on the questions of what the seller can require the buyer to perform, and what the restrictions of his right to require performance are. It particularly deals with main controversial issues among scholars as to whether art. 28 of the CISG is applied to the seller's action for the price and so that it opens the door domestic traditions and national preconditions that prevent judges and enforcement authorities in some contracting states, and whether the seller's to require performance is subject to the duty to mitigate loss within the meaning of art. 77 of the CISG. On the basis of the analysis, the study puts forward the author's arguments criticizing various the existing scholars' views. In addition, this study provides legal and practical advice to the contracting parties when it is expected that the CISG is applicable as the governing law.

• Korea Trade Review
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• v.41 no.5
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• pp.187-211
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• 2016

This study discusses the right of suspension of performance against anticipatory breach under SGA. Anticipatory breach originated in Hochster v De La Tour allows the innocent party to exercise immediately the right or rights reserved for the non-performance of obligations. But it has not been codified in English Law. Instead, under SGA s. 41 and s. 44, the seller may suspend his performance against the buyer' anticipatory breach. Lien under s. 41 and stoppage in transit under s. 44 are given only to the seller in a narrowly-defined situation. Under SGA s. 41, the unpaid seller is entitled to retain possession of goods where the buyer becomes insolvent. But under SGA s. 43, the unpaid seller loses the right of lien when he delivers goods to a carrier or other bailee or custodian for the purpose of transmission to the buyer without reserving the right of disposal, or when the buyer or his agent lawfully obtains possession of the goods, or by waiver of lien. Under SGA s. 44, the unpaid seller may exercise the right of stoppage in transit if the buyer becomes insolvent, despite the fact that the property of goods has passed or a bill of lading has been transferred to the buyer. But, under s. 45, the right of stoppage in transit is ended when the buyer or his agent takes delivery of goods. And where the buyer transfers a bill of lading to a sub-buyer, the unpaid seller loses his right to stop goods in transit.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.65
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• pp.51-70
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• 2015

The Rotterdam Rules are not phrased in favour of FOB seller's legal status. Whether it will be wise under the Rotterdam Rules to trade on the basis of cash against M/R largely depends on the interpretation of various provisions of the Rotterdam Rules. To protect his interests the M/R holder and his assigns must have a right of delivery of the cargo at the port of destination. The M/R holder and his assigns must be entitled to the bill of lading or at least be able to prevent the carrier from issuing the bill of lading to the shipper. Besides, any additional right of instruction on the part of the shipper must be blocked. Article 35 of the Rules entitles only the shipper to the bill of lading while 47 entitles only the holder of the bill of lading to delivery. When no bill of lading has been issued Article 45 grants to the shipper a right of instruction whereby the shipper is allowed to advise the carrier as to the name and the address of the consignee. I have suggested that by lack of a specific provision to the contrary the Rotterdam Rules have to be considered to be embedded in the system of law as a whole. From the Common Law it follows that a M/R holder, as owner of the cargo, can ask for delivery of the cargo. As owner of the cargo a M/R holder can also claim the bill of lading, if he does so in time, because it must be implied in the contract of carriage that the carrier must deliver the bill of lading to the owner of the goods. It is for the same reason that a M/R holder can prevent the carrier from issuing the bill of lading to any third party but the M/R holder and from taking instructions from the shipper as to name and address of a consignee other than the M/R holder.

• Journal of the Institute of Electronics Engineers of Korea SC
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• v.47 no.1
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• pp.35-41
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• 2010

In order to improve the productivity and the yield at assembling line of finished goods' manufacturers, it is necessary that the fabricated parts are supplied to the assembly line not only just in time (JIT) but also just in sequence (JIS). Parts that are not delivered just in time can cause assembly line to be delayed, and parts that are not delivered just in sequence can cause assembly line to be halted or defected products. For JIT and JIS implementation, in the paper we propose the smart pallet based just-in-sequence parts delivery system in which RFID and USN technologies are converged. Compared with the bar-code based just-in-sequence parts delivery system, the proposed system can reduce unnecessary time for confirming parts' type and sequence and unnecessary cost by bar-code labeling and sequence data' documenting. The proposed system also can overcome the drawbacks of the RFID based just-in-sequence parts delivery system such as transmission range limit and difficulties of confirming parts' type and sequence in real time. Finally, we show the implementation of the proposed system, and its practicality.

• Journal of Korean Society of Transportation
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• v.22 no.7 s.78
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• pp.107-117
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• 2004

The growing demand for customer-response, made-to-order manufacturing and satisfactory delivery are stimulating the importance of commercial fleet management problem. Moreover, the rapid transformation to the customer-oriented multi-frequency, relatively small fleet, such as home delivery and Perishable goods, requiring prompt delivery and advanced real-time operation of vehicle fleets. In this paper we consider the vehicle routing problem(VRP) to minimize delivery completion time which is equal to the time that last customer wait for the vehicle in fleet operation. The mathematical formulation is different from those for the classical VRP which is minimizing cost/distance/time by running vehicles in manager's point of view. The key aspect of this model is not considering the return time from the last customer to depot in every vehicle path. Thereby, the vehicle dispatcher can afford to dynamically respond to customer demand and vehicle availability. The customer's position concerned with minimizing waiting time that may be applied for the delivery of product required freshness or delivery time. Extensive experiments are carried out to compare the performance of minimizing delivery completion time by using the ILOG Solver which has the advantage of solving quickly an interim solution very near an optimal solution. The experimental results show that the suggested model can easily find near optimal solution in a reasonable computational time under the various combination of customers and vehicles.

• Journal of the Korean Society of Clothing and Textiles
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• v.3 no.2
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• pp.9-14
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• 1979

As the fabric merchandises become more diversified and the pre-condensates of resin are used in increasing amount to enhance the quality of so-called 'easy care' in such fabric goods, form-aldehyde, which is extricated from nonwoven fabrics, has posed problems. The result of the study conformed, firstly that the fusible bonded webs sold in the current market contained a considerable amount of formaldehyde, i.e. the minimum of 552$\mu$g/g and the maximum of 2,123$\mu$g/g. Secondly, formaldehyde fond in many of such fabric goods was unable to be removed completely even after washed for, three times. Thirdly, the degree of permeation of HCHO into other part of the fabric proved to be high and. when kept in a poly bag over 10days. the amount of formaldehyde tended to increase. Such experiment, therefore, demonstrates that the methods of delivery and storage employed in the current distribution structure must be thoroughly re-examined. The conclusion of this study shows that we should be more concerned with the adverse effects of formaldehyde for the health of consumers. let alone the increase of export of such merchandises.

• International Journal of Internet, Broadcasting and Communication
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• v.14 no.4
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• pp.132-139
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• 2022

The development of the fourth industrial revolution and logistics 4.0 related technology, the growth of the e-commerce market, and the transition to a non-face to face society due to the pandemic are accelerating the growth of the logistics industry. Due to the growth of the logistics industry, various services are emerging to meet the requirements of the market, and research and technology development related to the parcel storage, which is an important element of the last mile service, is also underway. In the past, if it was difficult to deliver the goods directly to the recipient, the parcel storage installed near the delivery location was used, but the usability was not good and the storage of the goods was limited. In addition, the existing parcel storage has a lot of functional limitations compared to the advanced logistics technology, so it is necessary to develop a device that improves it. Therefore, this study conducted to secure safety for unmanned parcel storage devices with robot technology to improve usability and functionality in line with the advanced logistics industry. Based on ISO 10218, an industrial robot related standard, risk identification studies were conducted to derive results that contribute to the development of devices under development.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.23-42
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• 2018

This study compares the SGA and CISG to find out the difference of the criteria for calculating damages. and it intends to give some important points in trade practice. The damages is intended to compensate the victim for the breach of contract but there are differences between SGA and CISG as follow. First, the SGA and CISG have the same purpose of claiming damages. Both laws and regulations are subject to a full indemnification to compensate for the breach of the contract by the amount equivalent to the loss suffered by the victim. Second, in the general principle related to the calculation of damages, both law enforcement officials are required to be able to predict damages caused by breach of contract. In the case of SGA, however, a foreseeability test or remoteness of damages is required for the relationship between the contract violation and the loss. In other words, it can be said that the causal relation between the contract violation and the damage is strictly applied rather than the CISG. Finally, both laws and regulations of SGA and CISG have a big difference in criteria for calculating damages. In the CISG, after the contract is canceled, it is classified according to the existence of the alternative transaction and the damage amount is calculated based on the contract price. On the other hand, the SGA estimates the loss based on the market price at the delivery of the goods, reflecting the change in the market price instead of the contract price of the goods.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.337-370
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• 2009

The Joint Cargo Committee of International Underwriting Association of London (IUA) and Lloyd’s Market Association (LMA) have issued the revised version of Institute Cargo Clauses A, B, C, Institute Cargo Clauses (Air) and their accompanying War and Strikes Clauses. The Institute Cargo Clauses ("ICC") were last revised in 1982. Following a two year long consultation process, the latest edition of the ICC clauses became available to the Market on 1st January 2009. The overall result of the amendments to the 1982 ICC has been to create clearer policies that are more favourable to the Assured. Exclusions have also been amended to the advantage of the assured. The Transit Clause has seen a large revision, again more favourable to the Assured. The insurance now attaches within the warehouse or place of storage when the goods are "first moved$\cdots$ for the purpose of the immediate loading into or onto the carrying vehicle or other conveyance for the commencement of transit" whereas previously the insurance would not attach until the goods left the warehouse. Furthermore, the insurance now terminates on completion of unloading from the vessel at (rather than delivery to) the final warehouse or at a warehouse prior to the destination named in the contract of insurance which the Assured or their employees elect to use either for storage or distribution.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.64
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• pp.155-185
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• 2014

Liability for the manufacture or supply of defective products can arise in two principle ways, in tort and in contract. English law has long regarded shipbuilding contract as agreement for the sale and purchase of goods. The consequence of which is that unless the Buyer and Builder agree otherwise, terms will automatically be implied into the contract between them as to the quality and performance of the completed vessel. The same principle applies to sub-contracts allied to the shipbuilding contract. On the other hand, one case decisions established that ".... a contract to build a ship, though a contract of sale of goods, has also some characteristics of a building contract", Recently the liability of a manufacturer in tort for physical damage i.e. personal injury and damage to property other than alleged to be defective is now well settled in most countries. Accordingly the Builder may face third party claims in tort more regularly than they have in the past, if the statutory implied terms have not been expressly excluded in contract. In such circumstances, it is necessary for the Builder to be prepared with counter measures to secure the stability of the vessel from its design development, building process, delivery and operation etc. The purpose of this paper is, from the case of "MSC Carla", to review product liability, jurisdiction and the initial date of extinctive prescription, then to suggest counter measures to the Builder.