• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.37
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• pp.3-33
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• 2008

This study primarily concerns the seller's duty to deliver the goods in conformity with the contract under the United Nations Convention on International Sale of Goods(1980) in comparison with the Draft Principles of European Sales Law. It describes and analyzes the provisions of the CISG as to the seller's duty, focusing on main controversial issues among scholars in their application. It also attempts to compare the rules of the CISG with those of the Draft PESL and to evaluate them in light of the discipline of comparative law. This is for the purpose of facilitating the systematic development and reform of one jurisdiction by any solution from the other jurisdiction found by the comparative study. In addition, this study provides legal and practical advice to the contracting parties when they intends to insert the CISG or the Draft PESL in their contract as a governing law. The comparative study particularly focuses on the following aspects; first, requirements for conformity with the contract which deals with the concept of conformity with the contract, contractual requirements agreed between contractual parties, and implied requirements otherwise not agreed between contractual parties, second, the time when the goods must be in conformity with the contract, third, exclusions of the seller's duty to deliver the goods in conformity with the contract.

• Management & Information Systems Review
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• v.24
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• pp.73-75
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• 2008

The purpose of this study is to propose the human resource management strategies of non-standard workers that can contribute to accomplishing both corporate social responsibility and business purpose in efficient and effective ways. For the purpose, this researcher investigated circumstances under which Korean companies are using non-standard workers and systems related to those workers. In Korea, the Non-Standard Workers Protection Act was enacted and revised, and became effective on July 1, 2007. The main provisions of the act are as follows. First, the systems of discriminatory treatment prohibition was legally stipulated, Second, restrictions on overwork for fixed-term and part-time employees and the written statement of working conditions were compelled. Third, only 26 kinds of jobs were permitted for worker dispatch in accordance with positive list system. To achieve their business purpose, companies often use standard workers, but sometimes non-standard workers unavoidably in accordance with their business strategy. This study propose main human resource management strategies of non-standard workers such as determining the scope of jobs, strengthening legal and systematic human resource management, improving human relations, extending the grievance procedure and converting non-standard workers into standard ones.

• Journal of Korea Trade
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• v.24 no.2
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• pp.15-30
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• 2020

Purpose - This paper investigates the theories and practices of Most-Favored-Nation (MFN) clauses. The MFN clause became a controversial issue during the past two decades, especially in the context of investment arbitration. This paper aims to clarify a reasonable way to apply MFN clauses. It in particular focuses on the territoriality requirements and the scope of investment activity which are common features included in most of investment treaties. Design/methodology - This paper analyses two investment arbitration cases, Ansung Housing and Beijing Urban Construction. Through the case study, this paper reveals limitations of the currently dominant views on the operation of MFN clauses. It then tries to reconstruct the system of MFN application within the relevant arbitration principles. Findings - Tribunals of recent investment arbitration as represented in the two cases above employed strict literal interpretation of the treaty provisions, especially of the phrase "in its territory". This paper finds a more functional interpretation is appropriate and consistent with theories of public international law and developments of global economy. Originality/value - Existing studies either stuck to literal interpretation or suggested more flexible interpretation of the phrase "in its territory" without full explanation. This paper tries to fill the gap in the existing discussion by analyzing legal foundations and theoretical structure for an effective interpretation of MFN clauses.

• Journal of the Korean Institute of Educational Facilities
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• v.26 no.3
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• pp.3-13
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• 2019

Purpose: The human body is a chemical laboratory. Artists are exposed to a variety of chemicals in art studio space and the art materials used in the creation contain toxic ingredients, exposing them to a variety of incurable diseases, including cancer. It aims to analyze the problems of the studio space environment and the risks of art materials, which are fundamental causes of the outbreak of incurable diseases, and to derive the direction of specific practices that can reduce the occurrence of incurable diseases by artists. Method: The harmfulness of an artist's creative space is the cause of a disease outbreak, and two primary factors cause it. One is the environmental hazards caused by the use of tools, air pollution, and chemical hazards caused by art materials in the architectural space environment of the studio. Necessary measures are put forward to control disease outbreaks by identifying the status and cause of intractable diseases caused by studies. Result: The plan is urgent for the establishment of safety rules and regular pre-trainthese two factors and analyzing the results of prior research and implementation investigationing, the legal provisions of studio architecture design and the introduction of labelling rules to control the distribution of harmful art materials.

• The Journal of Asian Finance, Economics and Business
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• v.8 no.1
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• pp.675-685
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• 2021

The purpose of this study is to examine the reaction of stock prices on the implementation of Extensible Business Reporting Language (XBRL) in companies listed on the Indonesia Stock Exchange (IDX). Using the event study method and calculating abnormal returns of the 2015 financial statements of 462 companies listed on the IDX, findings showed that 49 companies have not applied the XBRL format in their financial statements. Based on the results of the Average Abnormal Return (AAR) and Cumulative Average Abnormal Return (CAAR) values, using the one-sample test, investors react to shares in companies that have not implemented XBRL and who have implemented XBRL; however, based on the independent t-test based on average values there are differences between companies that have not applied XBRL and those who have implemented XBRL. This research only looks at the one-year implementation of XBRL in financial reporting (2015), then the research does not separate which companies are on time in the delivery of financial statements to the public through the IDX website. Our research contributes to the understanding of the use of XBRL in corporate financial reporting because before the XBRL financial reporting format was published, the company had published a financial statement format based on the legal provisions of financial statements in Indonesia.

• Korea Trade Review
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• v.44 no.3
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• pp.137-154
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• 2019

This study analyzes the major provisions of the UK Insurance Act 2015 and Marine Insurance Act 1906 on the duty of disclosure under the doctrine of utmost good faith. Marine insurance contracts are based on "utmost good faith" and one aspect of this is that MIA 1906 imposes a duty on prospective policy holders to disclose all material facts. In the Insurance Act 2015 of the United Kingdom, the contents of the precedent were enacted such that we have borrowed the legal principles of common law until now. The insurer is required to more actively communicate with the insurer rather than passively underwriting and asking questions of the insured. The Act details the insured's constructive knowledge of the material circumstance by reviewing the current case law and introduces a new system for the insurer's proportionate remedy against the insured's breach of the duty of fair presentation of risk. This is a default regime, which may be altered by agreement between the parties.

• Journal of Auto-vehicle Safety Association
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• v.15 no.1
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• pp.45-54
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• 2023

In the commercialization stage of level 4 or higher autonomous driving, the need for new legal system related to drive safely has increased in order to meet the improved level of technological development. Especially human drivers should not be legally accountable for road safety in the era of autonomous vehicles and thus safety standards for operation of autonomous vehicles are significant. To address this issue, the German Road Traffic Act was revised in 2021, adding provisions corresponding to the commercialization of self-driving vehicle of level 4 and in the similar context the Japanese Road Traffic Ac was amended in 2022. This Article draws implications for legislative discussions on driving-related responsibilities of driverless autonomous vehicle to ensure driving safety in Korea through recent amendments in Germany and Japan.

• Journal of the Korea Safety Management & Science
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• v.25 no.2
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• pp.139-151
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• 2023

This study aims to understand the current status of exemptions for traffic accidents during the return of emergency vehicles and to provide suggestions for improvement. A survey was conducted on 3,500 firefighters to investigate the perception of traffic accidents during the return of emergency vehicles, and responses from 505 participants were analyzed. Based On the demographic characteristics and perception of the participants, frequency analysis and variance analysis were used as research methods to analyze basic statistics and the current situation. The results showed that firefighters have concerns and anxieties about traffic accidents during the return of emergency vehicles, and the need for applying exemptions and enacting explicit legal provisions was statistically confirmed. Based on these results, we suggest a policy for exemptions to improve the preparation for re-deployment and to alleviate the concerns and anxieties of firefighters.

• Journal of Arbitration Studies
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• v.34 no.2
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• pp.27-44
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• 2024

The lack of consistency and predictability of arbitral awards in the Investor-State Dispute Settlement ("ISDS") mechanism has long been a subject of criticism. In international investment disputes, arbitral tribunals have frequently come up with different interpretations and results on similar investment agreement provisions. The arbitral tribunal's inconsistent decisions raised concerns not only among the parties to the investment dispute but also amongthe arbitral tribunals in other cases, which ultimately led to legal inconsistencies in international investment law. Arbitration awards may have some degree of disagreement in interpretation. However, the systemic inconsistencies that pervade ISDS risk undermining the purpose of the investment agreement system, which is to provide a predictable and stable framework to protect andpromote foreign investment while maintaining a balance with host state regulations. Therefore, this study proposes a plan to resolve this discrepancy and review standards for practical application. Reform of the ISDS mechanism could be a viable option to reduce, to some extent, the inconsistencies in interpretation, if not completely eliminate them. Reforms such as establishingguidelines, promoting cooperation between arbitral tribunals, and codifying the norms of the agreement can provide a means of reducing interpretive inconsistencies and strengthening the legitimacy of the ISDS mechanism. Reforming the ISDS mechanism will require all stakeholders to carefully consider the issues and the scope, nature, and feasibility of eachpotential reform.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.47-79
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• 2019

The Korean Society of Law and Medicine has faithfully played the role of professional academic organizations last 20 years in terms of academic activities, accumulated achievements, diversity, professionalism, and influence on academic circles. The Korean Society of Law and Medicine and the Journal of Medical Law serve as a platform for academic information and exchange of opinions on medical law. Medical law began in the midst of increasing conflicts and disputes caused by medical malpractice and the enactment and legal coercion of medical care as pressure on medical workers. It tried to find a way to coexist with each other through the encounter and convergence of medicine and law. Medical criminal law extends from traditional crimes in the realm of life and body protection to bioethics violations caused by the development of biomedical technology, corruption and economic crime in the medical field. Medical law has evolved into a comprehensive legal area dealing with legal issues raised in medical treatment, healthcare, bioethics, and life sciences technology. On the legal side, medical law is not independent legal areas. It is overlapping with traditional law areas such as civil law, administrative law, criminal law, social law, civil and criminal procedure law. However, it is now established as a convergence study in medicine, bioethics, life science, as well as in various fields of law. It has become an area where collaboration is needed with the field of law, medicine, ethics, sociology and economics. Medical criminal law has undergone a dynamic development over the last two decades. The development of medicine and medical technology provides new and innovative methods of diagnosis and treatment. The achievements and risks of revolutionary developments in biotechnology, genetic engineering and medicine coexist. While there is a dazzling achievement that mankind has hoped for: combating disease and improving health, it also creates unwanted side effects and risks to humans. There is a need to reconsider ethical and legal principles. The discovery and development of patient identity and autonomy has changed the medical doctor-patient relationship. Furthermore, it was complicated by the triangle relationship of patients, medical doctors and insurance. Legal matters are also complicated. This is why the necessity of legislation is emerging. Criminal punishment provisions are also required. The Medical Law and Biomedical Law are systematically and coherently deformed as mosaic-based legislation that takes place whenever there are social issues, citizens' needs, and medical organizations' interests, rather than sufficient enactment and revision procedures. It needs a complete overhaul, and this is possible through interdisciplinary collaboration which is the strength of The Korean Society of Law and Medicine.