• Journal of Arbitration Studies
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• v.19 no.3
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• pp.179-198
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• 2009

This paper aims at assessing reasonableness for restraining the independence principle in the operation of documentary credit in case of the illegality appeared in the underlying transactions. It has been a major rule under the independence principle to keep the credit operation free from the defences made by the issuing bank and/or credit applicant with a view to prevent the payment as specified under the credit. And also, it is generally accepted in the international commercial community to examine a presentation to determine, on the basis of the document alone, whether or not the documents appear on their face to constitute a complying presentation. Even though these two essences are major rules in the credit operation, if a presentation is made with the documents forged or materially fraudulent, the issuing bank can refuse to pay the documents in respect of fraud rule based on fraud exception for which a court of appropriate jurisdiction would enjoin such honour. Now we have newly come to another situation to determine whether or not we have to apply the same as fraud rule which is applicable to the illegality in the underlying contract under the new conception of illegality principle based on illegality exception. English Commercial Court handled the illegality case under the case of Mahonia Ltd., v. JP Morgan Chase Bank in 2003 and Justice Colman decided that issuing bank can rely on illegality affecting a letter of credit as an excuse for failure to pay. This judgement brought about the acceptance of illegality principle based on illegality exception as a defence to payment under a letter of credit as far as the illegality concerned in the underlying transactions. It is noticeable that this case will affect our international commercial community more to rely on the illegality in the underlying transactions as a good issue to stop payment for the issuing bank in the L/C operation.

• Korea Trade Review
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• v.45 no.1
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• pp.221-239
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• 2020

Among various export contracts, the contents of contracts are very important. Various companies make use of this method. [Which method are you talking about?] However, the Korean law system has an insufficient understanding of the international legal system. This paper looks into the conditions related to contracts in relation to the legal system. This paper analyzes not only the Korean civil law system about illegality of contracts but also makes a comparison with other international systems, such as the UNIDROIT Principles. Especially, the Korean civil law system about the illegality of contracts is comparable with the UNIDROIT Principles system about illegality of contracts. The purpose of this paper is to examine the revitalization of Illegality of Contract. This paper also deals with improvement of International Commercial Activation. Thus, this paper will offer directions to International Trade Practitioners. There is disagreement regarding methods of action related to international trade practice. Especially, this study is good for commercial parties, especially overseas sales people.

• The Korean Journal of Franchise Management
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• v.2 no.1
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• pp.119-133
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• 2011

The objective of this study is to establish the basic concepts for franchise agreements in consideration of both theoretical and practical conditions, to set the parameters for the discussion regarding the practical business matters pertaining to franchise agreements, and to analyze the criteria for determining the illegality of unfair trade practices based on research into actual practices in franchise transactions and on case studies of the implementation of laws by the Fair Trade Commission. The study aims to thereby contribute to the stabilization of laws in franchise transactions, benefiting all parties including franchise-related institutions, participants in franchise transactions, and related consumers. In conclusion, even in cases where regulatory exceptions are applied within the Fair Franchise Transactions Act when determining the illegality of franchised businesses, it is impossible to eliminate illegality unless all necessary and sufficient conditions have been included, and even if the procedure for evading illegality has been undertaken, illegality may not be eliminated unless the contents thereof are legitimate.

• Convergence Security Journal
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• v.14 no.6_2
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• pp.53-62
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• 2014

This study is aimed what improvement for an illegality detective aagency and messenger office. First, administrators or managers who are involved with personal information protection should make a full-fledged effort to gather information. Second, counseling or related programs should be provided for small and mid-sized security firms to guarantee thorough personal information protection. Third, Korea Security Association should improve the educational system related to personal information protection to resolve problems with this education currently provided for managers and employees of these companies.

• Journal of Korean Society of Environmental Engineers
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• v.29 no.2
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• pp.138-143
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• 2007

• Journal of Korea Fair Competition Federation
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• no.118
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• pp.18-31
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• 2005

The debate between per se rules and the rule of reason turns, $\cdot$$\cdot$$\cdot$, on important questions of political as well as economic philosophy.-F.M Scherer and David Ross, Industrial Market Structure and Economic

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.153-178
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• 2016

The United Nations Convention on the International Sale of Goods(CISG) leaves a number of aspects concerning commercial sales untouched. In particular, it is not concerned with the validity of the contract or of any of its provisions or of any usage. And UNIDROIT don't deal with all-round validity in International Commercial Contract. Especially, UNIDROIT includes declaration of intention department. The UNIDROIT contains the chapter 3 on the "validity" in terms of the defects of consent such as mistake, fraud, and threat as well as "gross disparity". Notwithstanding these provisions, the Principles did not deal with invalidity arising from the lack of capacity or authority, or immorality or illegality. On the other hand, there are arguments that the corresponding provisions of the Principles of International Commercial Contracts(UNIDROIT Principles; PICC). Therefore, Validity in International Commercial Contract is delegate by Each Country Law. So Trade practicer should know full well about Each Country Law Position. People(human, corporation, company) of position Trade practice classify each country civil law relation to validity of commercial contract. This paper is to examine the Validity of UNIDROIT Principles. Also this paper analyses comparison on each country position relation to capacity of right, capacity to act, illegality of contract, declaration of intention. In conclusion, This paper expect that people of trade practice makes use of analysis knowledge.

• Asia Pacific Journal of Business Review
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• v.1 no.2
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• pp.17-35
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• 2017

This research is a case study that focuses on how conglomerate illegality and corresponding penalty affects corporate performance and strategy. The research aims to provide base information for policy-makers as well as the general public about the corporate environment. The analysis results can be summarized as follows. First, profitability is represented as an M-curve. Profitability falls from indictment to the final pronouncement of the corporate head and increases upon his or her return. The result suggests that the absence of a corporate head could result in low profitability as the firm is exposed to owner risk. Secondly, significant effects on investment were not found. Investment showed a continuous increase from indictment to final judgment. This could have resulted from investment decisions made prior to the indictment, which are generally long-term. Meanwhile, the rate at which investments rose for core subsidiaries were lower, which makes it reasonable to suspect dwindling executive capacity due to the absence of a corporate head. Thirdly, employment showed a slight increase, but the rate was found to be greater during the periods following the final judgment. From a political perspective, this increase can be inferred from a give-and-take tradeoff between corporate employment and the pardon of the corporate head.

• The KIPS Transactions:PartA
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• v.11A no.2
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• pp.175-180
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• 2004

Generally, as for the multimedia high quality contents, an illegality facsimile is possible without a damage of a quality. Also a distribution of contents duplicated illegality in an Internet is giving a great economic loss to digital contents provider. Therefore, a study for security and efficient distribution of digital contents is required. The most important issues in a design of digital contents distribution system are a user convenience, an execution speed and a security. In this study, we designed digital contents distribution system that used a web caching technology and an encryption/decryption technique on hierarchical structure. The proposed system was the digital contents distribution system that improved a security and execution speed, a convenience of a user. Also it verified performance superiority of a proposed system by an examination.

• The Journal of the Korea Contents Association
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• v.13 no.12
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• pp.869-879
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• 2013

Modern medicine has not yet conquered behavior therapy for cancer radiation treatment, which is one of the professional groups involved in the justification of the act and reasonable human resources was analyzed. Radiation Oncology(Therapeutic Radiology) installed the role of the medical physicist in the current law, the act must have been within the limits given licenses, but the legitimacy of the act which can be given the current laws and regulations are not clear. Thus, certification and testing outside the medical physicist's research institutions, including the measures to be reflected in national legislation sought. Medical physicists, with the inherent illegality act because one of the areas to precluding the illegality of the content-based "medical law" and "Nuclear Safety Law", "medical technology in the field of radiation safety standards on management" was based on the interpretation. In conclusion, "medical law" and "in the field of medical technology on the management of radiation safety standards" that are consistent with the recognition of qualifications, increased activity in the radiation therapy and radiation safety management must deal with this will be feasible.