• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.61
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• pp.57-90
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• 2014

International sales contract, in general, is concluded through the exchange of written forms which contain each of their own business terms and conditions among the contractual parties. To illustrate, A sends the other an offer on A's general terms and conditions of business and B accepts the offer subject to the use of B's own general terms and conditions. Where the two sets of terms and conditions do not coincide, the question may arise whether the parties(A and B) have contracted and, if so, whose general terms and conditions apply. This situation is referred to as "the battle of forms". This article would try to make, in terms of the battle of forms, a comparison between the classical perspectives and opinions which are based on the principle of the English Common Law and the modernistic perspectives and opinions which are applied to the provisions in the UCC, CISG, and PICC. Therefore, the aim of this article is to provide the increase self-consciousness with respect to the battle of forms between the contractual parties that may frequently happen in the international business transactions and will pave the way for further research in the future.

• 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.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• v.2
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• pp.21-26
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• 2006

A contract for shipbuilding is usually a complicated process and involves a statement of rights, and obligations and responsibilities to which each party agrees vis-a vis the other. Most countries are now well settled with regard to liability of a manufacturer in tort for physical injury and on the other hand, for pure economic loss to remote owners of chattels. Where there is a breach of either contractual warranty or an implied warranty, there may be admiralty jurisdiction, depending once again on the situs of the event and its relationship to traditional maritime activity. First of all, this thesis deals with the contents of contract under English Law. Secondly, this thesis analyse ' s the liability of shipbuilders in Products Liability under English, United States, German and korean Law comparisons. In conclusion, the author gives some suggestions as countermeasures to Products Liability for the shipbuilders in Korea.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.70
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• pp.39-65
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• 2016

On 2013 the English court delivered a decision that the payment obligation under time charter party is a condition. According to this judgement, The Astra, a breach of the obligation to pay hire on time entitles the owner both to withdraw the ship and sue the charterers for damages for the difference between the contract and market rate for the remainder of the contracted period. On 2015, however, the English court stood at the other side. In Spar Shipping, the court confirmed that the obligation to pay hire is not a condition of the contract but an "innominate term" - from the charterers' breach ship owners can exercise their contractual right to withdraw, but owners' right to sue for damages depends on whether the charterers have deprived the owners of the substantial benefit of the contract, or shown an intention to do so. This article aims to compare both decisions over the points that (1) the importance of on-time payment under a time charter party, (2) as a critical and main question in this article, whether the mattered payment clause is a condition or innominate term, (3) whether the on-time payment clause is merely a penalty or a reasonable liquidated damage. Based on various reasons, I am on a position that the payment of hire is not a condition but an innominate term. Default in punctual payment by a charterer, in the absent of clear contractual agreement, needs to be decided further whether that breach removes the substantial benefit of the contract from the owners.

• Journal of English Language & Literature
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• v.54 no.2
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• pp.281-299
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• 2008

The main purpose of this essay is to suggest that Faulkner's "pro"-lynching letter published in Commercial-Appeal in 1931 does not contradict his antilynching works such as "Dry September," Light in August, Go Down, Moses, and Intruder in the Dust. In the letter, Faulkner writes, "they [lynching mobs] have a way of being right." The remark has been interpreted as the expression of Faulkner's sympathetic attitude toward lynching mobs; however, it can be also seen as Faulkner's observation and criticism of the southern white people's structures of feeling in his time that stubbornly justified lynching as a way to do justice to black people who did "not" deserve to be a legal subject. This essay argues that Faulkner understood that the legislation of anti-lynching law alone could not save black people from the violence of lynching as far as white people believed that black people were not their equals and that lynching was a right means to fulfill social justice. Faulkner's fictions such as Light in August and Go Down, Moses provide moments in which white male characters feel as if they were social others, and their experiences work as an ethical urge for them to stand up for social others. This essay illuminates how Faulkner depicts the process of white male characters' identity formation as a violent break from his strong tie with black friends, how they reverse the process to blur the border again through the experiences of becoming-other, and how the experience of becoming-other has a potentiality to play the role of an ethical agency in stopping the custom of lynching in the South.

• Korea Trade Review
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• v.48 no.4
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• pp.149-168
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• 2023

Through an examination and analysis of straight bills of lading and sea waybills in the context of English, U.S.A and Korean law, and relevant international conventions on maritime transport, the following results were obtained: Prior to the enactment of U.K.'s the Carriage of Goods by Sea Act in 1992, straight bills of lading had functional differences between countries. However, after the enactment of this law, negotiable bills of lading obtained the same legal status and functionality in both Korea and the United States, as well as in the UK. As for sea waybills, all three countries treated them with the same contractual and legal status. In other words, they serve as receipts for the transported goods and act as evidence of the maritime transportation contract. Nevertheless, they are non-negotiable, and the delivery of goods can be made to the consignee or their agent based on their identity. However, the transfer of ownership rights over the goods or acquisition of legal rights against the carrier cannot be achieved through the transfer or endorsement of Sea Waybills.

• 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.

• Journal of Fisheries and Marine Sciences Education
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• v.6 no.1
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• pp.45-57
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• 1994

One of the fundamental duty of the assured in a marine insurance contract is maintaining seaworthiness of the ship insured. Since duty of the seaworthiness of ship is a shipowners implied warranty in the marine insurance, the breach of the duty of seaworthiness by assured is recognized as immunity for the underwriter. This is a measure to protect the underwriter through prevention of unexpected casualties which may be occurred from the unseaworthiness. In the Korean Marine Insurance Act the legal character of the assured's duty of seaworthiness is not clear whether it is a legal duty or contracted one. Accordingly, in this paper the author pointed out that the duty of seaworthiness of the ship should be interpreted according to the English Law. As a conclusion, the hull insurance does not require even implied warranty concerning seaworthiness, since it is recognized as one of implied fundamental warranty of the English Marine Insurance Act. Especially, this issue pointed out is very meaningful and advisable under the consideration of the existing conditions of the marine insurance regime for the distant-water fishing vessels and the catch carriers in Korea.

• Journal of Family Resource Management and Policy Review
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• v.17 no.2
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• pp.121-145
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• 2013

The purpose of this study is to understand married female immigrants' life adjustment process in Korea by explaining the resources to which they have access and how they use them. The data were collected through in-depth interviews with ten female participants who have more than one child, have participated in programs of the multicultural family support center, have work experience, can communicate with Koreans, and live in Daegu. The major findings are as follows. The participants' personal resources differed. English language skills were very useful resources for making money and for earning the respect of family members and others. However, the participants without English language skills had sincerely and actively tried to learn the Korean language and gain bilingual competence. The participants obtained diverse family resources from their husbands and parents-in-law after adapting themselves to perform their gender role. Further, the participants used the social resources offered by public support systems as a starting point for learning the Korean language in their early adaptation process, and formed personal networks with staff members at the multicultural family support center. The results show that the participants used many kinds of resources for acculturation by interacting positively with their environment. Moreover, the resources from diverse levels of their environments affected their acculturation process.

• SUVANNABHUMI
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• v.16 no.1
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• pp.103-123
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• 2024

The traumatic experiences of people from peripheral islands are susceptible to mnemocide. Such erasure of memory is facilitated by "defensive and complicit forgetting," which, according to Aleida Assmann, leads to "protection of perpetrators." My paper reflects on the vulnerability of traumas from the islands to mnemocide by looking into [1] the massacre of communists and civilians on Jeju Island, South Korea in 1948 as described in Hyun-Kil Un's short story "Dead Silence" (2017; English trans.) and [2] the eviction of residents and indigenous people from Calauit Island, Philippines for the creation of a safari in 1976 as imagined in Annette A. Ferrer's "Pablo and the Zebra" (2017). In "Dead Silence," I direct the attention to how to the execution of the villagers-witnesses to the death of the communist guerillas-is a three-pronged violence: it is a transgression committed against the innocent civilians; an act of "erasing traces to cover up" the military crackdown on the island; and, by leaving the corpses out in the open, a display of impunity. In "Pablo and the Zebra," I second that both residents (i.e., humans and animals) experience post-traumatic stress because of their respective displacements; thus, the tension between them has got to stop. Curiously, while it concludes with a reconciliatory gesture between an elder and a zebra, no character demanded a reparation for their traumatic past per se. Could the latter be symptomatic of a silence that lets such violence "remain concealed for a long time"?