• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.45
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• pp.85-109
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• 2010

L/C provides the exporter and the importer with safe assurance in the exchange of goods for payment in international trade. It involves a number of parties. Although the parties may have confidence in their client, bad faith or ignorance of international banking practice by any of these parties could cause the failure of transaction, which makes international trade a risky business. Most of the risks are found in transport document, which can cause disputes. There are many factors in the risk of transport documents under L/C transaction. One most common risk factor for the beneficiary in all transport documents is even if there is no discrepancy in document, the issuing bank or the applicant refuses to pay or delay payment insisting there is a discrepancy. In some very rare cases, the beneficiary may not get paid due to unfair injunction of the local court of the applicant. For the applicant, most common risk factors are fake bill and fraud. Risks classified according to the sorts of transport documents are as follows. 1. In B/L, payment can be refused because it is regarded as charter party B/L, although there is no real charter party contract. And the applicant can bear the potential risk of the loss or deterioration of cargo through transhipment of the cargo loaded on board in container if transhipment is prohibited without excluding of UCP 600 article 20 (c). 2. In charter party B/L, the applicant may take delivery without paying when charter party B/L is signed by charterer, which can result in a big loss for the beneficiary and the negotiating bank. And risks may arise when cargo is seized because the charterer does not pay the hire. The applicant and the issuing bank are also vulnerable to a risk - Against whom should they file a suit when cargo gets damaged during transportation? 3. In multimodal transport document, which is subject to a conflict because there is a big difference in viewpoints between transport industry and banks, conflicts may also arise when L/C requires ocean B/L and accepts multimodal transport document at the same time, but does not specify the details. 4. In air waybill, where the consignee is not the issuing bank but the applicant, risks may take place to the beneficiary when the applicant takes delivery but refuses to pay asserting minor discrepancies in document. The applicant may also bear the risk when cargo may not be loaded because air waybill is a received bill. Another risk may arise when although the applicant prohibits transhipment without excluding UCP 600 article 23 (c), the cargo may be transhipped, provided that the entire carriage is covered by one and the same air waybill.

• Korean journal of communication and information
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• v.46
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• pp.280-322
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• 2009

The purpose of this study is put on the evaluation of public support for media with the case of Special Act on Supporting Local Press whose main purpose can be said to help local press in crisis intending the improvement of news quality. However, it was controversial whether public support on specific media under the governmental leadership, which is related to the disputes on its abrogation with the change of the regime. Therefore, this study tries to evaluate its achievement focused on its effect on the diversity of public opinion especially with the eyes of audience. In-depth interviews were executed to find out whether it had helped local press to improve public interest for the last three years of public support. The interviewees, the readers as well as monitors of local press, answered that there had been some improvement in news quality and diversity of local press in general. However, they thought that fund support for news gathering cost was problematic and would be negative in the long-term perspective. In conclusion, the interviewees regarded Special Act on Supporting Local Press as necessary one to help local press in crisis but pointed out also that the act might not enough to change local press because the situation they were facing is so complex. Hence, this study argues that the evaluation of Special Act on supporting Local Press should be approached Abstracts 683 not on the basis of political logics but of the public interest and democracy.

• International Commerce and Information Review
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• v.15 no.4
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• pp.287-311
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• 2013

The arbitration parties may disagree with the arbitrator's award about whether they are eligible for the dispute case. While lots of disputes cases relating to subrogation are arising, it is not easy to find subrogation arbitration system to handle them clearly. The main issue is an availability of subrogation arbitration in case of the dispute which the insurer requests the arbitration against the carrier according to the arbitration clause of Bill of Lading. The direct parties of arbitration clause of the B/L are the carrier and the holder of the B/L. Could the insurer get the position of the arbitration party in stead of the holder of the B/L after compensation if there was an accident of insurance on the way of carriage? Even though there are a few arbitral awards of subrogation, the reason of the eligibility of subrogation arbitration is not enough. This paper scrutinized precedent research papers, arbitration awards, judicial precedents, and the Automobile Subrogation Arbitration System. Vague dispute resolution system which burden corporations with so many costs must be not good for business. In the view of economic efficiency, blank of contract, reciprocality, and Coase Theorem, it is recommended that subrogation arbitration system for the international trade would be better focus on the hypothesis of "Firm Offer Character of Arbitration Clause."

• Journal of Digital Convergence
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• v.8 no.2
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• pp.147-160
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• 2010

Internet shopping mall business has taken its place as a major form of e-commerce and is evolving constantly. At the same time, disputes of various kinds are also arising in proportion to the evolution. A typical example is when a consumer purchased a product from an internet shopping mall and the seller wants to cancel or withdraw the sales contract saying that he miswrote the price or other important information when posting the product on the internet. It's about the error on the seller's part. Civil Law Chapter 109, legal principles on errors, appears to assume the case of natural declaration of intention. It was observed that legal principles on errors defined by the Civil Law are also applied in internet shopping malls, where declaration of intention is made electronically. In transactions involving internet shopping malls, where the seller's indication and advertisement constitutes an inducement to offer, the seller may cancel a contract concluded by the consumer's offer and the seller's acceptance if the seller finds errors on his part, and adequacy of the cancellation should be judged depending on specific cases. That is, the judgment of the important ground that comprises prerequisites for cancellation and presence of negligence may depend on how much difference there is between the normal price and the posted price on a specific case. Also, considering the cases where negligence was not perceived on the seller's miswriting of the price, the seller may cancel the transaction in a similar situation.

• The Journal of Fisheries Business Administration
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• v.39 no.2
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• pp.81-108
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• 2008

Since the declaration made by UN Convention on the Law of the Sea on EEZs, The open seas of Northeast Asia, considerd as a convention area, needed new agreements in conformity with the changes brought by the introduction of the Exclusive Economic Zone(EEZ) system. The Contracting Parties of these agreements set up their own EEZs, which extend certain ranges from their baselines, Fishing in the other party's EEZ is done based on mutual agreements, which take into account traditional fishing activity in the zones. Seperate fishries management systems, in accordance with the relevant legal status of the waters, are applied to individual overlapping areas: Middle Zone in the Bast Sea and the waters south of jeju Island, Interim Measure Zone in the Yellow Sea and East China Sea, and the Transitional Zone in the Yellow Sea. They decided to conclude fisheries agreements as the provisional agreement under Article 74(3) of the UN Convention before the delimitations of the EEZs to avoid the territorial disputes. China and Japan concluded the Fishries Agreement in the November 1997, allowing each coastal State 52 mile EEZ. it was followed by Korea and Japan in September 1998, reaching a final compromise. And also Korea and China came to a satisfactary settlement in November 1998. Fisheries agreements have been established between the three North-east Asian States, the agreement are all bilateral. That implies inefficient resource management on the overlapping waters of the three states, especially on the East China Sea. The Korea-Japan Fisheries Agreement and the China-Japan Fishery Agreement worked as governing rules in the North-east Asian seas before the establishment of EEZs (Exclusive Economic Zones). However the conclusion of the bilateral fishery agreements, Korea China and Japan have developed EEZs, and these three countries have competed for the exploitation of fisheries resources. Therefore, the issue of fisheries resource management was no longer a single countries' problem and emerged as a common issue facing these three countries. In recognition of the above-mentioned problem, it is needed for the construction of cooperative System fishery management in the North-east Asian seas. Therefore, cooperative measures should be establishied. The final goal of the construction of fisheries management cooperative system is to establish sustainable fisheries in the North-east Asian seas. However, there is a big difference in fisheries management tools, fishing gear, exploitation rate of species, etc. This implies that a careful approach should be taken in order to achieve the cooperative fisheries management among Korea, China and Japan. conclusionly, the Governments of Korea, China and Japan should complement three bilateral agreemens, and which they prepares to 'Fisheries Resource Restore Program' Between Korea, China and Japan in the adjacent waters south of Jeju Island.

• International Commerce and Information Review
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• v.14 no.2
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• pp.389-409
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• 2012

The Switched Bill of Lading(SBL) has been in frequent use in recent years as intermediary trade increases with the growing number of companies' overseas subsidiaries. Its frequent use, though, has brought about disputes regarding its illegal issue. Although there are several legal cases regarding this, studies on this issue are hard to find. Therefore, this study tries to provide countermeasures and precautions against unlawful issues of SBL through examining the legal cases resulting from illegal issuing practices of SBL. When the Switched Bill of Lading is issued, the shipper, consignee, port of loading and unloading, and shipping date of the original bill of lading are usually changed. Statements which may put the shipper at a disadvantageous position may also be deleted and/or the bill of lading may be either divided or integrated when it is issued. However, if the carrier issues the SBL 1)without withdrawing original BL, 2)indicating the shipping date, port of loading and port of discharge falsely, or 3)deleting the statements which may give him disadvantages, it may be regarded as an illegal issue. These unlawful issues of SBL may pose a huge threat to the shipper, banks and the parties relating to the trade. That is, the shipper may take a substantial loss when the goods can be delivered to a third party by SBL without his collecting the proceeds. The issuing bank and the negotiating bank may also have their security rights to the goods hampered by the illegal and improper issue of SBL. In most cases, the carrier has no choice but to issue the SBL without collecting the original BL for fear of hurting the relationship with the intermediary traders. This practice of issuing more than two sets of BL may pose a potential risk to the carrier.

• Journal of Arbitration Studies
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• v.25 no.4
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• pp.3-23
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• 2015

The Chevron saga including Chevron/TexPet v. Ecuador, PCA Case No. 34877(hereinafter referred to as "Chevron I") and Chevron/TexPet v. Ecuador, PCA Case No. 2009-23(hereinafter referred to as "Chevron II") started out of domestic litigations between TexPet and Ecuador in the early 1990s. In Chevron I, the Tribunal decided that Article 2(7) of the U.S.-Ecuador BIT on effective means of provision was breached because of undue delays in the seven legal proceedings TexPet had brought against Ecuador in respect to contractual obligations. In Chevron II, it was contended that through the actions and inactions of the judiciary and the executive, Ecuador breached her several obligations under the BIT. Ecuador objected to the jurisdiction of the Tribunal because TexPet's investment was terminated in 1992, and because Chevron is not a party to the 1995 Settlement Agreement and 1998 Final Release. In its Interim Award on Jurisdiction and Admissibility, the Tribunal applied a prima facie standard to the facts alleged by the Claimants but denied by the Respondent, and decided that questions in respect of the Respondent's jurisdictional objections should be joined to the merits under Article 21(4) of the UNCITRAL Arbitration Rules. In the merits phase of Chevron II, the Tribunal divided the merits of the Parties' dispute into two parts, entitled "Track 1" and "Track 2". In its Partial Award on Track 1, the Tribunal decided that Chevron is a "Releasee" under the 1995 Settlement Agreement. In a decision on "Track 1B", the Tribunal decided that the Lago Agrio complaint cannot be read as pleading "exclusively" or "only" diffuse claims, and that, to this extent, the Claimants' reliance on the 1995 Settlement Agreement as a complete bar to the Lago Agrio complaint must fail, as a matter of Ecuadorian law. The Tribunal maintained the position that the Parties' disputes on both merit and jurisdiction should be reserved for Track 2. It remains to be seen how the Tribunal addresses the Claimants' allegations of multiple denials of justice under international law against the judgments of the Respondent's Courts, together with the Respondent's jurisdictional objections in Track 2 of the arbitration.

• Korean Journal of Construction Engineering and Management
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• v.15 no.2
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• pp.12-22
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• 2014

Recently, many people have been damaged seriously by construction noise. Accordingly, there have been increased the complaints and disputes. These complaints should be controlled strictly. Otherwise there could be delays or stops of project and losses of time and money. For this reasons, the Korean government is trying to convert from depending on the soundproof wall to noise control system focusing on noise sources. However, it is difficult to control the noise which is generated from construction site because construction equipment has very high noise level and construction noise generates temporarily and irregularly. Also, people do not know how much low frequency affect human body adversely because they cannot perceive low frequency noise easily. Hence, recently developed countries have conducted the research on the low frequency noise which damages on human physically and mentally. However, passive noise control is insufficient to reduce the low frequency noise, but only efficient to lower the high frequency noise. Thus, an approach which can complement limitations of passive noise control is needed. Therefore, the purpose of this research is to suggest the noise management model using active noise control on construction site. Also, ANC simulation has been conducted to examine its applicability on construction equipment. As a result, it is expected that there will be a reduction of construction noise and demages, as well as both mental and physical damages.

• Journal of Korean Society of Disaster and Security
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• v.13 no.4
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• pp.1-12
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• 2020

Recently, as the extreme drought continued due to the reckless development and the dramatical climate change, national concern about the water management issues has been increased rapidly around the world, especially in Korea. Meanwhile, it is necessary to analyze and review the related cases in Australia, where they have developed the consistently, eco-friendly and systematically management from the national level, which is similar to that of Korea in difficult circumstances. Australia has been suffered by repeated droughts and floods due to low rainfall and dryness, and water disputes were begun with immigrant settlement in the 1890s. In the early days, water management agreements for efficient distribution of water resources, water use regulation programs, and federal water laws were enacted, and now the established water management system in which development and conservation are assumed to be well balanced. In Korea, however, in the past, the Ministry of Environment was responsible for water quality issues while the quantity was managed by the Ministry of Land, Infrastructure and Transport, and the main local departments for water management were divided. Therefore, it was difficult to manage the integrated water management due to problems such as duplicated works, excessive investments, and inefficiency. To resolve this situation, in 2018, all water management functions were unified, such as enacting the fundamental water-related laws, thereby laying the foundation for the integrated water management system for each basin. From 2019, even the integrated water management system was implemented, we are promoting the effect of sustainable water resource management. In order to establish a management policy for efficient and eco-friendly water management, the IWRM (Integrated Water Resource Management) of Australia, which has been devised in various ways, was analyzed and compared with the present situations and cases occurred in Korea, and the implications from this study would be suggested the future of IWRM in Korea.

• The Journal of the Korea Contents Association
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• v.21 no.1
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• pp.12-23
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• 2021

Due to high proportion of exports, Korea has a higher dependence on the global value chain (GVC) than other major developed countries. This reason, Korea has a structure that is sensitive to GVC changes. This is because Korean exports are concentrated on specific countries and items, and most of the materials for export tend to depend on imports. Currently, export restrictions resulting from trade disputes with Japan can affect the industry of Korea as a whole due to the supply of core materials. Therefore, in order to minimize economic damage caused by export regulations in the current situation, it is necessary to reorganize the GVC, through efforts to rapidly diversify imports and localize imports that depend on Japan. To this end, it is necessary to derive and classify imported goods that depend on Japan, and to localize items that are difficult to diversify imports, and prompt R&D investment is required for this. This study aims to support R&D investment policy through quantitative analysis based on big data rather than a decision-making method based on expert-centered qualitative analysis.