• 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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.18
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• pp.159-188
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• 2002

International joint ventures are usually formed and managed by domestic companies and foreign investors for the common objectives. They offer an opportunity for each partner to benefit significantly from the comparative advantages of the other. Local partners bring knowledge of the domestic market; familiarity with government bureaucracies and regulations; understanding of local labor markets; and existing manufacturing facilities. Foreign partners can offer advanced process and product technologies, management know-how, and access to export markets. In Korea, joint ventures have been encouraged to usher in foreign investors with foreign currency capital badly needed during the IMF financial crisis. In the meantime, Korean laws and regulations with respect to joint ventures have been largely overhauled to promote foreign direct investment (FDI) both inbound and outbound. They include four types of FDI, i.e., acquisition of foreign stocks, provision of long-term loans, participation in joint operations like resources development, and establishment of foreign offices. From the legal point of view, the formal joint venture agreement must be an offspring of a series of tough negotiations between domestic and foreign partners. They usually stress the long-term relationship with the good will and dedication to each other, and restrict the free transfer of stocks. Both partners are earnestly interested in the ownership and management of the joint venture. So they keep a close eye on the articles of incorporation, changes of business environment, conflict resolution methods, transparency of accounting and other financial matters. When a multinational corporation (MNC) is involved in the joint venture, conflicts over management strategies, marketing and other issues take place more often than not between the MNC and local partners. We have to pay attention to joint ventures, particularly, in China and North Korea. As witnessed in other transition economies, China is eagerly bringing in foreign direct investments for the development of nation's economy. China encourages foreign investors to establish ordinary joint ventures, contractual joint ventures, solely invested foreign capital companies and jointly operated development companies with local partners. In North Korea, however, joint ventures have a different meaning like contractual joint ventures in China, in which North Korean partners have an initiative in the management. Rather, jointly operated companies or simply processing-for-wage companies are recommended in view of the unpredictable legal infrastructure in North Korea.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.113-127
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• 2003

In some legal systems property passes at the time of the conclusion of the contract. In other legal systems property passes at some later time such as the time at which the goods are delivered to the buyer. It was not regarded possible to unify the rule on this point nor was it regarded necessary to do so since rules are provided by this CISG for several questions linked, at least in certain legal systems, to the passing of property. Even though the CISG rules that it does not govern the passing of property in the goods sold, it does not exclude completely the effect which the contract may have on the property in the goods sold. Problems that under some domestic systems are decided by reference to the "property" concept are governed by specific provisions of the CISG. First of All, the CISG(Arts. 41 and 42) deals with seller's obligation to the buyer that the goods be free of third party claims. Moreover, Article 45 gives a buyer the right to require the seller to deliver goods that the seller wrongfully withholds. Secondly, Article 81(2) gives a seller the right to claim restitution of goods for which the buyer fails to pay. Domestic law must respect these rights as between the seller and buyer; if such rights between the parties prevail over the claims of creditors or other third parties under domestic law, domestic tribunals should give the same effect to rights established by the CISG. Thirdly, the right to sell the goods arises where there has been an unreasonable delay by the party in taking possession of them or in taking them back(Article 88).

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.119-148
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• 2015

Generally, the liability for breach is defined as the civil liability that arises from the conduct of violation of a contract. There are two notable principles governing liability for breach that have fundamental impacts on the unified Contract Law of the People's Republic of China (hereinafter Chinese Contract Law) in the remedies. In China, during the drafting of the Contract Law, there was a great debate as to whether damages for breach of contract ought to follow the fault principle or to follow the strict liability principle. Ultimately the Chinese Contract Law follows the model of the CISG on this point, namely, it follows the strict liability principle (article 107) with an exemption cause of force majeure. Under Chinese Contract Law, it is interpreted as strict liability in principle. Strict Liability is a notion introduced into Chinese Contract Law from the Anglo-Saxon Law. The strict liability or no fault doctrine, on the contrary, allows a party to claim damages if the other party fails to fulfill his contractual obligations regardless of the fault of the failing party. Pursuant to the strict liability doctrine, if the performance of a contract is due, any non-performance will constitute a breach and the fault on the party in breach is irrelevant. This paper reviews problems of legal character or legal ground of contractual liability in Chinese contract law. Specifically, focusing on the interpretation of Chinese contract law sections and analysis of three cases related contractual liability in freight agency, the paper proposes some implications of structural features of Chinese contract law and international commercial transactions.

• Journal of Korean Theatre Studies Association
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• no.40
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• pp.401-450
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• 2010

This thesis purposes to suggest that creative stage directors have copyright ownership and we make them create high-quality of theatre direction. Stage directors are sincere creator of the theatre stage today. We have little judicial precedents about stage directors, no artistic examination related directing. Stage directors are performers who have neighboring rights, there is a problem that they won't have the exclusive right of making derivative works in this country. Others will make creation (such as cinemas, animations, novels) based on stage expression without permission, because stage directors don't have exclusive right of making derivative works. Copyright law can't protect the concept of stage directors and building blocks of them which are drama text, actors and theatre space, because copyright law don't protect idea according to idea/expression dichotomy. The expression of stage direction is belong to five fundamentals which are composition, picturization, movement, rhythm, pantomimic dramatization that are come from Dean & Carra's work. Directors' work is to make theatrical works based on literary works. Therefore, theatrical works are derivative works which based on drama texts. Also, theatrical works are able to be joint works. In the case of that stage directors write drama text and create expression on the stage, they have to own authorship of both works. Merger doctrine should not apply theatre directors' works strictly like any other functional works because stage directors usually create noble expression which have been not before. We need shift of the definition of theatrical works which are derivative works or joint works to protect theatre directors' creativity. Hereafter, the special legal section for dramatic(theatrical) works including the flexible legal definition for performing arts should be established, and 'contract form' for stage directors should be made. Acting edition(literary works) should be published to grant creative directors compensation. I emphasize to grant ownership of copyright to creative stage directors, to encourage directors' works. Therefore, copyright law will be the support for development of cultural arts institutionally.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.11 no.2
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• pp.169-178
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• 2001

Numerous regulations have been introduced and a various kinds of institutional intervention have been made by government against the occupational safety and health problems. However, it was serious issue to the workers that what can be claimed by those who meet with apparently harmful and risky working conditions in their social systems. In the view point of employees, their right to be free from unacceptable risk and hazards has not been clearly defined. Therefore, workers have very limited rights to take any actions unless employer or government do their actions. It is believed that this undesirable conditions resulted from Jack of legal definition of workers' right to work in the safe and healthy environment. It has been found increased social pressure to make intervention to the industry to protect workers' health. Also, increased pressure has been kept for deregulation. This conflict lay the current situation in dilemma. The concept of the working environmental right has been developed and discussed in this study to overcome this trade-off confliction. It should be clearly separated between legal aspects and administrative and Policy area to make the regulations effective. Strong enforcement to the industry based on the law should be minimum, however, it should be practically effective in the aspect of workers' right. Administration and policy should be focused on supportive and leading activities to achieve the ultimate goal, safe and healthy working environment. It is concluded that establishment of working environmental right would satisfy workers and industry and it would result in improvement workers' environment and conditions.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.495-522
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• 2016

The Mongolia is one of the highly impressive potential developing countries in Asia according to open the economic market. Since early 1990 as the falling apart from Russian union, Mongolia has tried to developing economic status with plentiful stocked natural resources in their country. The Mongolia has been accepting the modernizing their legal systems including national amended law of arbitration 2003 which was based in the 'UNCITRAL Model Law on International Commercial Arbitration 1985' to harmonize with the international arbitration trends. However, UNCITRAL council announced the adapting members countries excluding Mongolia caused by the inappropriate international standard conditions. As the foreign business partners with Mongolian, it is not easy to agree a site in Mongolia for the place of arbitration on their disputes settlement cause by the weak confidence and precarious interruption under the arbitration processing and enforcement of award on the uncertain law of arbitration on their law of arbitration. Recently, the Mongolian government intends to revise their arbitration law to comply to newly UNCITRAL Model Law in 2006 revision for improving the putting confidence and promoting the choosing arbitration on the place of commercial disputes in Mongolia. It is the point to considering in this article to compare to the problems and alternative ways to the legal and practical arbitration services for reliant and confirming arbitration system in Mongolia for the business parties of Korea.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.37 no.4
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• pp.42-53
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• 2014

This study identifies influential factors for invigorating the public management office (PMO) system for system integration (SI) projects in public sectors and analyzes the priority of each factor from the point of different stakeholders, i.e., owners, SI company, and PMO. Based on the literature review, four first-level influential factors are identified: legal system maintenance, owner's capability, SI company's capability, and PMO's capability. Among them, the PMO's capability is determined as the most critical factor by all the stakeholders. Among the second-level influential factors, the capabilities of professional engineers and project managers are considered as important among the PMO's capability, whereas the reasonable consulting fee is considered as the most critical factor among the legal system maintenance. With respect to each stakeholder, project management capability is considered as the most important factor for owners, while the reasonable consulting fee is considered as the most important factor for PMO.

• Korean Institute of Interior Design Journal
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• v.15 no.3 s.56
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• pp.24-32
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• 2006

Through the increasing of social economies and cultural activities, the Food service industry have been growing up steadily in spite of low economic activity. This is owing to increasing income, participation of women in public affairs and a dual-income family, automobile culture, desire for healthful food, shorten working hours, changing of cultural style. Moreover, the recent importance of Interior finishing materials by means of fire in the Restaurant, legal fractional multiple use business establishment are recognized of publicity. Therefore, This Study aim object at probing into the characteristic of Interior finishing material and then analysing the characteristics of space and material according to the typical distribution. In the Interior planning of Restaurant, firstly it is need to probe the Characteristics of interior finishing material at the basic element. This study is going to apprehend the constitution of space and difference of proportion or a point of sameness in the characteristics of material. Moreover, the recent importance of Interior finishing materials by means of fire in the Restaurant, legal fractional multiple use business establishment are recognized of publicity. Throughout probe and analysing, it can append more efficiency and elasticity in the usage of interior finishing material.

• Transactions of the Korean Society for Noise and Vibration Engineering
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• v.15 no.11 s.104
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• pp.1311-1317
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• 2005

In environmental Impact assessment, noise impact assessment usually consists of three stages-surveying the existing noise levels by measurements, predicting noise levels induced by construction works and predicting noise levels after the completion of a project. The distance-attenuation relation of a point source, which has been used to predict the noise level due to its simplicity does not consider complex acoustic phenomena like multi-reflection, -diffraction and -absorption due to complex topographic configuration of buildings and terrains. For the consideration of such physical complexities. a noise mapping tool is adopted to produce a series of noise maps, which are those for the present, tot the works of construction and for the future. For accurate noise mapping, acoustical and topographic Information is used. Standard sound power levels and directivities of various construction equipments are need and scheduling of construction processes and locations of the equipments should be provided. In the case of exceeding legal limit, mitigation measures are applied to satisfy the legal limits and subsequent noise map is obtained and checked.