• 무역학회지
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• 제45권2호
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• pp.67-86
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• 2020

This study analyzes the buyer's remedies for defects in title under DCFR, and it is compared with those of CISG. DCFR adopts a unitary concept of 'non-performance' which is any failure and includes delayed performance and any other performance which is not conformed with the contract. In terms of defects in title, any remedies for non-performance are available under DCFR. Thus. under DCFR, the buyer is entitled to enforce specific performance of obligations, to withhold performance, to terminate for fundamental non-performance, to reduce price, to damage for loss, to require repair, or to deliver a replacement. But under CISG, whether or not defects in title constitute 'non-conformity' is not clear and the majority understands 'non-conformity' does not include title defects. Therefore, the buyer may not has rights to require repair and delivery of replacement unlike DCFR.

• International Journal of Quality Innovation
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• 제10권2호
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• pp.77-96
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• 2009

Industry competition environment is not being meaning of internal and external distinction. This may be phenomenon of globalization progress. In this time, we wish to examine present level in our enterprise and also analyze cause relation between 7 category of China Excellence Performance model which is modified Malcolm Baldridge Model and compare with China enterprise by using the same questionnaire with China. It is right opportunity to obtain information by comparing China enterprise with the Korea. This questionnaire composition and contents used as it is questionnaire contents that enforce in 2007 in China CAQ. The survey on Korea enterprises' is 509 by KSA in 2008, China is surveyed 1679 by CAQ in 2007. In Korea 'leadership', 'strategy planning', 'customer and market', 'measurement, analysis and improvement' 'resources management' and 'process management' stronger than China, but in China 'performance results' is stronger than Korea.

• 무역상무연구
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• 제67권
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• pp.23-47
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• 2015

European Commission drafted and proposed the Common European Sales Law(CESL) to the European Parliament for the realization of a uniform set of international private law rules within the EU internal market. Since its purpose is for free international commercial activities for the sale of goods, for the supply of digital content and for related services, it was proposed to enable EU Member States to adopt or supplement as their substantive law according to their options. This study is relate to the legal bases on termination of a contract under CESL, they are composed of three parts: damages and interest, restitution and prescription. Damages and interest are divided into damages, general provisions on interest on late payments, and late payment by traders. Damages are explained by dividing into right to damages, general measure of damages, foreseeability of loss, loss attributable to creditor, reduction of loss, substitute transaction, and current price. Restitution is described by dividing into restitution on revocation, payment for monetary value, payment for use and interest on money received, compensation for expenditure and equitable modification. Prescription is explained by dividing into general provisions, periods of prescription and their commencement and extension of periods of prescription. General provisions explain right subject to prescription into a right to enforce performance of an obligation and any right ancillary to such a right. Regarding period of prescription, the short one is two years and the long one is ten years. However, in the case of a right to damages for personal injuries, period of prescription for such right is thirty years. Regarding commencement, the short one begins to run from the time when the creditor has become, or could be expected to have become, aware of the facts as a result of which the right can be exercised, while the long one begins to run from the time when the debtor has to perform. However, in the case of a right to damages, the CESL clarifies that it begins to run from the time of the act which gives rise the right.

• 한국응급구조학회지
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• 제13권1호
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• pp.19-33
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• 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.