• Korea Trade Review
• /
• v.41 no.2
• /
• pp.231-250
• /
• 2016

The study attempts to consider L/G(Letter of Guarantee) in a different angle, which is internationally used as a way of commercial customs and practices in a case when the consignee wants to receive the goods without the original Bill of Lading, Thus, this study focuses more on verifying the usage of L/G in Mixed Payment System and the range of guarantee responsibility by an issuing bank through case analysis. This case uses a mixed payment method of L/C(Letter of Credit) and T/T(Telegraphic Transfer) in the transaction of goods. The issuing bank of L/C issues L/G with the amount of L/C which is the same as the amount as C/I(Commercial Invoice). However the carrier deliver all goods laden under both L/C and T/T payment with the production of L/G. In this case, because the buyer is unable to pay, the seller makes a claim for damages to the carrier that the carrier delivers the goods to the buyer against L/G. Finally, the judge gives a decision that the issuing bank of L/G should pay the whole amount of the goods. In this case, the main issue of the dispute is the range of guarantee responsibility by the issuing bank of L/G. As a result of the case analysis, the study suggests two counter strategies for smooth utilization in international trade environment. First, in the case of mixed payment system, a seller should issue a commercial invoice separately based on the amount of each settlement plan in order to clarify the liability of guarantee. Second, banks should establish a new form for L/G including a sentence for verifying liabilities of the bank's side in the current form of L/G.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.58
• /
• pp.215-236
• /
• 2013

It is quite true that the more Korean contractors receive overseas contracts, the more they need guarantees. The top market for them is the Middle East countries, consisting of more than the half of the total amount awarded last year and the trend is increasing as well. The problem, however, is that employers in these countries are reluctant to use international rules for guarantee such as URDG or ISP98 and easily make unfair callings. However, Korean contractors(applicants), especially small and medium sized enterprises(SMEs) tend to hurriedly enter a contract without looking into its contents as well as guarantees. They do not realize the importance of the guarantees until they receive callings from the employers(beneficiaries). Being independent from the underlying contracts, guarantee is the equivalent to cash in that it usually does not require any proof of demand when calling and the guarantor should make a payment within usually 5 business days after the request. It is often observed these days that several Korean SMEs go bankrupt due to liquidity risks after receiving unfair callings from employers in the Middle East countries. In retrospect, some cases could be obviated if contractors were a little more careful in checking the contents of a guarantee at the time of concluding a contract. For example, there is one case where the underlying contract includes a reduction clause in the Advance Payment bond and the guarantee does not have that clause. In the end, the Korean contractor had to take the whole burden of the bond amount though it had finished 81% of the project. Nobody could argue that contractors should take a full responsibility if they fail in their obligations. However, the employer's wrongful callings need to be prevented in the first place, if possible. As there shouldn't be a case where one party is at a disadvantage against the other like the case mentioned above, useful insight is being sought to minimize unfair calling risks for the benefit of the applicant. First, the applicant should carefully look into every detail of the potential guarantee before signing a contract, heeding especially that there is a reduction clause in the AP bond. Second, the governing principles for guarantee should be the ones that are internally used such as URDG758 that is objective in terms of callings given that, for example, it specifies that the requirement for a supporting statement when making a demand is a default rule. It is also recommended that the form of guarantees be the standard demand guarantee. Third, parties involved in issuing guarantees are advised to understand international rules for guarantee like URDG758 and ISP98 and to play a key role in guiding SME contractors in Korea so that they can protect themselves from possible wrongful callings, particularly from employers in the Middle East countries. I hope this study would give a wake-up call for Korean SMEs wishing to do business in the Middle East countries and remind them of the importance of guarantee itself and its governing principles.

• The Journal of Fisheries Business Administration
• /
• v.37 no.3 s.72
• /
• pp.45-63
• /
• 2006

A number of public loans with lower interests and other tax benefits have been provided for farmers and fishermen. However, much of those loans have been accumulated as non-performing. The result is that a large part of fisheries debts are now on the verge of default, Those loans, that fail to pay interests, keep rapidly growing like a time bomb. Now something has to be done before it burst. Firstly, the government must clean up the debts caused by government's mismanagement in the past. The past debt must be repaid or written off by the government since its guarantee was committed several times in guidelines regarding public loans. As such a measure, the government can greatly enlarge its capital contribution to the Credit Guarantee Fund for Farmers and Fishermen and Loss Guarantee fund for Policy Loan. It would greatly help to compensate local branches of fisheries cooperatives for their loss incurred from carrying public loans. In the past, the government used to roll over old debts of fishermen with new debts whenever maturity came. It ends up growing the size of non - performing loans. For this reason, it is not delay of the debt payment, but its write - off that fishery society needs a lot. Secondly, the loan authorities must lower overall risk in providing public loans for fishermen in the future. The whole process must be thoroughly reviewed and changed to provide and manage government loans. To facilitate this, fisheries cooperative must stop being just a public agent, rather take a bigger responsibility in selecting, and checking loan beneficiaries, and securing debt repayment. Incentives must be arranged properly enough to induce fisheries cooperatives to treat public loans just like their own business. Finally, the so - called 'special account of policy loan in fisheries industry' must be set up to enhance the transparency and to check the performance of public loans programs.

• Journal of the Korea Institute of Construction Safety
• /
• v.2 no.2
• /
• pp.45-49
• /
• 2019

The purpose of this study is to study how to draw up a safety guarantee certificate and its future expected effects in connection with the Industrial Safety and Health Act as it becomes mandatory to draw up a safety guarantee led by the owner who exercises practical decision-making authority and pays for the construction work. Therefore, Therefore, this study predicts the expected effects of the health and safety guarantee on the construction industry and the weaknesses that future health and assurance have in settling in the construction industry in relation to the revised Act on Industrial Safety and Health. And It will be used as basic data on the changes that will be brought by the shipper-led preemptive safety and health management system, as well as strengthening responsibilities and safety for the role of the shipper in the construction industry.

• The Korean Journal of Emergency Medical Services
• /
• v.13 no.1
• /
• pp.19-33
• /
• 2009

Purpose : To check the legal relation between rescue team and patient as well as legal responsibility for patient's damage intentionally or erroneously caused by rescue member, a public official, in the performance of relevant job ; to prevent legal dispute over rescue team and to present program for fair settlement of dispute and equitable and feasible burden of damage. Method : First, the legal principle of Civil Law, Criminal Law and Administrative Law related to the theme of this research will be investigated around research by literature. Second, the case of dispute related to rescue team will be introduced. Result: 1. If 119 rescue members as a public official intentionally or erroneously cause damage to patient in the performance of job, they shall bear civil, criminal and administrative responsibility. They shall bear civil responsibility for indemnity for damage due to default or tort. The typical criminal responsibility includes accidental homicide arising out of duty, preparing falsified official document, dereliction of duty, etc. In the administrative side, the state is responsible for indemnity for peculiar status of the rescue member, public official. 2. Though raising civil petition or legal dispute over unsatisfactory rescue service may be reasonable to guarantee the right of nation, such action may cause stress to rescue member as well as may lead to mental shrinking and defensive attitude only to take the basic first aid treatment which has low possibility of mistake instead of active first aid treatment so as to avoid legal responsibility. 3. The program that may prevent legal dispute over 119 rescue team includes expansion of manpower specialized in first aid treatment, enhancement of education on legal environment, development and application of standard job guideline, formation of mutual trust with patient, detailed explanation, preparing and keeping minute record, improvement of the rescue members' ability of first aid treatment and development of medical instruction mode. Conclusion : The best policy is to prevent legal dispute. If it is impossible to basically exclude the possibility of dispute, however, we need to make effort to minimize the occurrence, settle fairly and divide damage equitably and feasibly. To improve the preventible death rate of our first aid system to the level of advanced country, 119 rescue team which is in charge of the stage before hospital needs to positively enforce special first aid by improving the qualitative level of rescue service and to strive to prevent legal dispute that may occur in the process.

• Korean Journal of Health Education and Promotion
• /
• v.8 no.1
• /
• pp.34-44
• /
• 1991

Since it was found out that the degree of medical contribution to health was timid. the direction of health policy studies has been focused on the personal health behavior. Participation in health has been closely related to the behavior. Those who have insisted on the new direction believe that the health policy laying stress on low cost and personal responsibility can avoid the pathology of medical policy and medical crisis. Participation in health has been very important method of changing health behaviors. It is certainly important to change bad health behaviors. But there is no deliberation of social structure here. Most health behaviors are the adaptation to social structure. The attempt to change the established adaptation behaviors without considering social structure is difficult to succeed. It is little meaningful to say the importance of the health behavior to those who have no choice but to be ill due to the poor environment and health risks. What can guarantee the real direction of community participation at least is the consciousness and behaviors of people's right.

• Proceedings of the KIEE Conference
• /
• 2000.07b
• /
• pp.1433-1435
• /
• 2000

Currently KERI is participating a project whose goal is to develop the Korean High-Speed Train(KHST) with maximum speed of 350kph. KERI's responsibility is the electrical system engineering that includes engineering design of an on-board computer system for diagnosis and control of train set and electrical/mechanical devices. A system engineering approach of the design is performed in order to guarantee the passenger safety and economically viable train for on-board control system construction, operation and maintenance. This paper presents the draft engineering des on-board computer system that ensures the s and reliability of KHST. The draft is focuse network interfaced distributed processing system.

• International Journal of Computer Science & Network Security
• /
• v.22 no.2
• /
• pp.290-296
• /
• 2022

Big Data is a data analysis technology empowered by late advances in innovations and engineering. In any case, big data involves a colossal responsibility of equipment and handling assets, making reception expenses of big data innovation restrictive to little and medium estimated organizations. Cloud computing offers the guarantee of big data execution to little and medium measured organizations. Big Data preparing is performed through a programming worldview known as MapReduce. Normally, execution of the MapReduce worldview requires organized joined stockpiling and equal preparing. The computing needs of MapReduce writing computer programs are frequently past what little and medium measured business can submit. Cloud computing is on-request network admittance to computing assets, given by an external element. Normal arrangement models for cloud computing incorporate platform as a service (PaaS), software as a service (SaaS), framework as a service (IaaS), and equipment as a service (HaaS).

• Journal of the Korean Academy of Child and Adolescent Psychiatry
• /
• v.33 no.2
• /
• pp.55-56
• /
• 2022

The Guarantee of Rights and Support for Persons with Developmental Disabilities Act was enacted and revised in 2014. However, national measures for persons with developmental disabilities remain insufficient. In the film, "Grown Up," director Hyeyoung Jang filmed the daily life of her sister, who has developmental disabilities. She raised not only the issue of institutionalization in people with developmental disabilities in Korea but also the issue of a lack of policies that would be essential to them and their family members. In the future, I hope that as experts, child and adolescent psychiatrists in Korea will pay more attention to the lives of people with developmental disabilities outside the clinic and propose policies to help them and their family members.

• Proceedings of the Korean Institute of Building Construction Conference
• /
• 2023.11a
• /
• pp.171-172
• /
• 2023

As a result of analyzing related laws and cases regarding the problems of PF requiring construction companies to guarantee liability for the entire scope of construction, including firefighting facility construction, the law requires repayment ability, and the capital ratio of PF in Korea is 10%. , Since the equity capital ratio of PF in the United States is 30%, it is judged that it is necessary to reduce the dependence of construction companies.