• 제목/요약/키워드: Guarantee Responsibility

검색결과 43건 처리시간 0.025초

혼합결제방식에서 수입화물선취보증서 발행은행의 보증책임 범위 (The Range of Guarantee Responsibility by an Issuing Bank of Letter of Guarantee under Mixed Settlement Method)

  • 이정선;김철호
    • 무역학회지
    • /
    • 제41권2호
    • /
    • pp.231-250
    • /
    • 2016
  • 본 연구는 선하증권이 발행된 국제무역거래에서 화물이 서류보다 일찍 도착하여 원본 선하증권 없이 화물을 인도 받기 위해 국제적으로 통용되고 있는 상관행인 수입화물선취보증서를 기존 연구와 다른 관점에서 고찰하고자 한다. 혼합결제방식 하에서 발행된 수입화물선취보증서의 보증책임 범위를 판례를 통해 분석하고 국제적인 상관행으로 자리잡고 있는 수입화물선취보증서의 원활한 활용을 위한 다음 두 개의 대안을 제언한다. 첫째, 혼합결제방식을 이용한 경우, 수출업자는 상업송장을 발행함에 있어 결제방식의 결제대금을 각각 분리해서 발급해야 수입화물선취보증서의 보증책임 한도에 대한 명확한 의사표시가 이루어질 수 있을 것이다. 둘째, 수입화물선취보증서의 발행은행은 보증서 발행의 보증책임 범위를 명확히 하기 위해 기존 양식에 책임한도를 제한한다는 취지의 문구를 추가한 새로운 수입화물선취보증서 양식의 구축이 필요하다.

  • PDF

부당지급청구 사례로 본 청구보증 사용의 필요성에 관한 연구 (A Study on the Necessity of Using Demand Guarantee following Unfair Calling Cases)

  • 김필준
    • 무역상무연구
    • /
    • 제58권
    • /
    • 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.

  • PDF

수산 정책자금의 현황과 과제 (The Problems and Tasks of Public Loan Programs in Fishery Industry)

  • 이재우;홍재범
    • 수산경영론집
    • /
    • 제37권3호
    • /
    • 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.

  • PDF

공공기관 건설공사의 안전강화를 위한 안전보건대장이 건설산업에 미치는 기대효과와 취약점에 관한 연구 (A Study on the Expected Effects and Vulnerabilities of Safety&Health Sheet on the Construction Industry)

  • 오세미
    • 한국건설안전학회 논문집
    • /
    • 제2권2호
    • /
    • pp.45-49
    • /
    • 2019
  • 본 연구의 목적은 산업안전보건법과 관련하여 실질적인 의사결정 권한을 행사하고 건설공사 비용을 부담하는 자가 주도하는 안전보건대장을 작성하는 것이 의무화됨에 따라 안전보건대장 작성방법과 향후 예상되는 효과를 연구하기 위한 것이다. 따라서 본 연구는 개정된 산업안전보건법과 관련하여 건설산업에 대한 안전보건대장의 기대효과와 향후 안전보건대장이 건설산업에 미치는 취약점을 예측한다. 이것은 건설산업에서 발주자의 역할에 대한 책임과 안전을 강화하는 것뿐만 아니라, 발주자가 주도하는 선제적 안전 및 보건 관리 시스템이 가져올 변화에 대한 기본적인 자료로 사용될 것이다.

119구급대의 법적분쟁 예방에 관한 연구 (Research on the prevention of legal dispute over 119 rescue team)

  • 임재만
    • 한국응급구조학회지
    • /
    • 제13권1호
    • /
    • 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.

  • PDF

주민참여와 보건정책 - 보건교육 및 행태론의 새로운 접근 - (Community Involvement and Health Policy - New Approach to Health Education and Behavioral Science -)

  • 김대희
    • 보건교육건강증진학회지
    • /
    • 제8권1호
    • /
    • 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.

  • PDF

차상제어시스템 엔지니어링 설계 (An Engineering Design of On-Board Computer System)

  • 이주훈;이재덕;조창희;박도영;김국헌;김용주
    • 대한전기학회:학술대회논문집
    • /
    • 대한전기학회 2000년도 하계학술대회 논문집 B
    • /
    • 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.

  • PDF

Cloud Computing Platforms for Big Data Adoption and Analytics

  • Hussain, Mohammad Jabed;Alsadie, Deafallah
    • International Journal of Computer Science & Network Security
    • /
    • 제22권2호
    • /
    • 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).

How Must We Prepare in the Next Decades When Caring for Those With Developmental Disabilities: "Grown Up" (2018)

  • Hwang, Jun-Won
    • Journal of the Korean Academy of Child and Adolescent Psychiatry
    • /
    • 제33권2호
    • /
    • 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.

Project Financing의 책임준공에 대한 법률 분석 및 해외 사례 분석 (Legal Analysis and Overseas Case Analysis of Project Financing's Responsibility )

  • 최지은;김원창;이태규
    • 한국건축시공학회:학술대회논문집
    • /
    • 한국건축시공학회 2023년도 가을학술발표대회논문집
    • /
    • 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.

  • PDF