• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.133-162
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• 1999

The international sale transaction is in essence a sale of goods and presents all those commercial and legal problems in any sale of goods. As a result, A International sales contract imposes several duties on the parties : the seller must deliver the goods and transfer ownership in them, while the buyer must pay the price and take delivery of the goods. However, there are several problems which impede a active transaction between seller and buyer who have their places of business in other countries each other. Therefore, It is necessary to provide the concept on the conformity of goods in the Int'l Sale of Goods. Especially, In our consideration for the point of time when defects occurs, the existence of non-conformity of goods should be judged on the basis of time of delivery rather than time of contract. Moreover, The burden of proof about nonconformity of goods is another fact which make an international dispute between the contractual parties in an international trade. Thus, The consistency in the interpretation of law must be maintained betweened the warranty and seller's liability. In the Uniform Commercial Code and UN Convention, non-conformity of contract is made of contract liability. And in our civil and commercial law provisions of warranty should be understand as the special ones of the provisions of general non-performance of obligation liability. As a result, More concrete study of them is required because they may have a great influence especially on international trade. As a result, We should be our best in finding a helpful and systematic structure that the dualistic structure of nonperformance of obligation liability and warranty liability must be unified by studying the theories of English and American warranty and our legal system, as well as international practice and usage being used in an international trade.

• Journal of Korea Port Economic Association
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• v.29 no.4
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• pp.27-53
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• 2013

It is a generalized way for the chartering business to fix the laytime bars except rarely adapting the customary despatch of the cargo work in port. The way of customary despatch is usually accepted by the owners in case the port facilities and other relevant infrastructures are in the satisfactory level for the cargo work whereas the laytime bars to be widely incorporated in the chaterparty for almost all occasions for owners and charterers to bind each other in loading and discharging cargo in port. The main purpose of establishing laytime bars on the charterparty is to secure the right and duty for both parties of the owners and the charterers, and furthermore to make the vessel despatched quickly from the port, whereby the costs incidental to the loading and discharging in port to be saved as much as possible. and the minimized costs in port will contribute to the profits in all parties involved in loading and discharging cargo. The conditions and terms on the laytime bars are expressed variously in their kinds according to the types of the charterparty to be used. The owners and charterers or the ship operators, however, seems not to be so accustomed in lawful understanding on these terms and conditions, and therefrom lots of disputes are noticed practically in the business field. As a result, this study is focused to render the owners and charterers rather clear understanding on their meanings and effects in legal aspects, and the various English Law Cases are referred in order to achieve the purpose of this study.

• International Journal of Safety
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• v.11 no.2
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• pp.29-37
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• 2012

Since most construction workers comprehend information on work through sight, the importance of safety signs are increasing by the day. In Korea, due to the sharp economic progress and the higher standard of the workforce, since the end of 1980, each year the number of foreign workers entering the country who working simple technical jobs have increased this condition. This study researched safety signs, which are the final accident prevention measures at the workplace. Based on the study, comprehension of the standard safety signs of the Occupational Safety and Health Act (OSHA) was lacking at a level of 2.5. Also, the perception level of the Industry Public Safety Law (38%) was very low. And, it was found that sex and experience or non-experience in safety training was not an issue in the level of understanding. However, when satisfying the standards of the Occupational Safety and Health Act and changing the safety signs, the level of understanding went up to 3.49 and the perception level was increased significantly to 70%. Thus, it is concluded that, since the foreign workers are mainly from non-English speaking countries and because the workers of Korea are not familiar with English, in order to provide proper safety information, there must first of all be simplistic and concise pictograms. This will provide needed information and must be coupled with simple English words that can give additional information to the worker and be effective in helping him understand and perceive the safety sign. Also, it has been determined that the existing forms of safety signs and their effectiveness in industry accident prevention must be reassessed.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.25
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• pp.243-266
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• 2005

Product liability is becoming a real issue to exporters, manufacturers world wide. The purpose of this study is to examine the product liability of Korean exporters, manufacturers, etc. under Product Liability Laws and Regulations of China. For this purpose, firstly we deal with the Product Liability Laws and Regulations of China. Secondly we analyze the case study concerning the Product Liability in China. From the analysis of case study, Korean exporters, manufacturers, etc. are required to pay close attention to the following : the correspondence of English with Chinese in the warning phrases, the possibility of application of strict global standard in case of existence of product liability, the proper treatment of evidence in the process of litigation, the application of strict liability and the shift of responsibility for evidence on to a defendant, the observance of procedures prescribed by the country in design and manufacture of the product, the manufacture of product to come up to country standard in quality, the consideration of diverse expression in the preparation of warning sign, the importance of quality control and inspection system in case of local procurement of parts and raw materials, Finally, this paper contributes to help the Korean Exporters, Manufacturers, etc. to build up the proper countermeasures regarding product liability under the product liability regulations of China.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.37-69
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• 2002

This study sumed up general rules for measuring damages based on SGA, UCC, CISG, PICC legislated by on the base of English decision of Hadley v. Baxendale Concluding marks as follows : (1) General rule for measuring damages is a standard rule that is developed to place the aggrieved party in as good a position as if the party in breach performed the contract. (2) Damages may also be accompanied by other remedies (3) Damages has alternative character (4) Damages give the aggrieved party full compensation (5) It is enough for the aggrieved party simply to prove the non-performance for damages (6) Occurence of harm must be reasonably certain and a direct consequence of non-performance (7) while Rule for measuring damages an UCC is concrete CISG is comprehensive. (8) Although rule of UCC and CISG for damages measurement is a similar in many aspect but there are in expression and range of damage between them. (9) the result of this study will give researchers the opportunity to develope in depth and their report of research also contribute chance to perform business their effective oversea's trade

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.211-234
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• 2004

When there is a dispute in international commercial contracts, the arbitration system, which is an ADR system, is often utilized. The Arbitration system can only be put to use when there is an arbitration agreement between the parties concerned, but even in this case, the one party of the contract tries to avoid the braking of the arbitration. In this case, separability doctrine and Kompetenz-Kompetenz doctrine can be used for the smooth operation of the Arbitration system. This paper reviews these two doctrines, taking a close look at UNCITRAL, ICC, America's FAA and case examples, and France's system and its case examples. U.S. has adopted separability doctrine for the Prima paint case but not the Kompetenz-Kompetenz doctrine. English has adopted separability doctrine for the Heyman case but not the Kompetenz-Kompetenz doctrine. However in France, both doctrines are adopted. France, which accords international arbitration the most highly favorable status of the three nations, has developed the legal framework that best promotes the public policy goal of encouraging the use of arbitration agreements in international commerce. In Korea, the above doctrines are prescribed in Article 17 of the arbitration law, as prescribed by the UNCITRAL Model law. However it takes the form of German laws. The adoption of the French system would have been wiser considering the promotion of the arbitration system.

• Korea Trade Review
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• v.45 no.1
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• pp.203-219
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• 2020

The parties shall perform all actions necessary for the proper and expeditious conduct of arbitral proceedings. This includes complying without delay with any determination of the tribunal as to any and all procedural or evidential matters, or with any order or directions of the tribunal, and where appropriate, taking without delay any necessary steps to obtain a decision of the court on a preliminary question of jurisdiction or law. The parties are free to agree on the powers of the tribunal in case of a party's failure to do something necessary for the proper and expeditious conduct of the arbitration. The parties' general duty may be based on agreements, such as the duty not to ask the court for a dispute, the duty to carry out arbitral awards, and the duty of confidentiality. In this study, as a premise, after confirming the discussion related to Article 40 (general obligations of the parties) of the law, the arbitral tribunal will analyze the authority to execute it based on Article 41. As a matter of fact, in LMAA Terms 2017, the parties want to analyze what is required in order to proceed effectively.

• Journal of Family Resource Management and Policy Review
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• v.16 no.1
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• pp.149-175
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• 2012

The purpose of this study is to find out marital conflicts and coping strategies among married female immigrants and Korean men in multicultural families. The data were collected by in.depth interviews with 12 female immigrants and 5 Korean men. The major findings of this study are as follows: Female participants suffered from marital conflicts with their spouses, conflicts with mothers.in.law, stereotyped gender roles as a wife and a daughter.in.law, economic conflicts, and cultural differences between Korea and their country. In addition, male participants reported conflicts from economic support for their wife's family, gender role differences, and cultural differences. Coping strategies used to deal with the conflicts, such as mutual dedication and understanding their spouse's stance, and developing a compromise for the family's happiness were mentioned. A personal positive nature and attitude helped them to meet the marital conflicts. Supports from their husband, parents.in.law, and society also helped female immigrants to adapt to cultural differences. However, some of them used negative coping strategies which did not reduce conflicts, and resulted in separation and divorce. The coping strategies to deal with the conflicts depended on the participants' personal ability. While female participants who had English language skills took advantage to adapt to Korean society, those who did not have any other natural abilities could develop a definite position in their family and society with their diligence and positive attitude. The results showed that female participants who were supported by their family and society tended to cope successfully with conflicts and also showed that multicultural families' marital adjustment was maintained with their efforts as well as by relationships with their relatives and society.

• The Journal of the Korea Contents Association
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• v.5 no.4
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• pp.54-61
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• 2005

Sixty years have passed since the police system was established in Korea. So far, there have been consistent discussions on independence of police investigational rights. Political powers have mentioned its independence as one of their public commitments and specifically, it has been a big issue in respect to establishment of the current participation government. The issues involved in investigational rights were derived from the regulations as follows: 'Prosecutors shall manage investigation(No. 195. the Criminal Procedure Act) and 'The police shall be guided by prosecutors in respect to investigation'(No. 195. the Criminal Procedure Act). President No Mu-hyun proposed he would take care of the issues involved in investigational rights at an interview. This study speculates investigational right systems of countries that follow continental law system and English law system and more valid investigational right system based on the guaranty of human rights and the principle of power division to find reasonable suggestions on independence issue.

• Journal of Information Processing Systems
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• v.17 no.3
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• pp.586-598
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• 2021

Nowadays, users' reviews and feedback on e-commerce sites stored in text create a huge source of information for analyzing customers' experience with goods and services provided by a business. In other words, collecting and analyzing this information is necessary to better understand customer needs. In this study, we first collected a corpus with 99,322 customers' comments and opinions in English. From this corpus we chose the best number of topics (K) using Perplexity and Coherence Score measurements as the input parameters for the model. Finally, we conducted an experiment using the latent Dirichlet allocation (LDA) topic model with K coefficients to explore the topic. The model results found hidden topics and keyword sets with high probability that are interesting to users. The application of empirical results from the model will support decision-making to help businesses improve products and services as well as business management and development in the field of hotel services.