• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.24
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• pp.25-49
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• 2004

English contract law has traditionally taken the view that it is not the duty of the parties to a contract to give information voluntarily to each other. In English law, one of the principal distinctions between insurance contract law and general contract law is the existence of the duty of disclosure in insurance law. This article is, therefore, designed to analyse the scope or extent of the duty of disclosure and the remedy for breach of the duty in English marine insurance law. The main purpose of this article is also to seek the alternative remedy for the breach. The results of analysis are as following : First, the scope of the duty of disclosure is closely related to the test of materiality and the concept of a hypothetical prudent insurer. The assured is required to disclose only material circumstances subject to MIA 1906, s. 18(1). The test of materiality, which had caused a great deal of debate in English courts over 30 years, was finally settled by the House of Lords in Pan Atlantic and the House of Lords rejected the 'decisive influence' test and the 'increased risk' test, and the decision of the House of Lords is thought to accept the 'mere influence' test in subsequent case by the Court of Appeal. Secondly, an actual insurer is, in order to avoid contract, required to provide proof that he is induced to enter into the contract by reason of the non-disclosure of the assured. But this subjective test of actual inducement is somewhat meaningless in sense that English court takes the test of materiality as a starting point and assumes the presumption of inducement even in case of no clear proof on the inducement. Finally, MIA 1906, s. 18 provides expressly for the remedy of avoidance of the contract for breach of the duty of disclosure. This means rescission or retrospective avoidance of the entire contract, and the remedy is based upon a fairly crude 'all-or-nothing' approach. The remedy of rescission is too draconian from the point of view of the assured, because he can be deprived of all cover despite he is innocent perfectly. An inadvertent breach from an innocent mistake is as fatal as wilful concealment. What is, therefore, needed in English marine insurance law with respect to remedy for the breach is to introduce a more sophisticated or proportionate remedy ascertaining degrees of fault.

• The Journal of Information Technology
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• v.4 no.3
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• pp.1-17
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• 2001

This study is to examine some legal problems of cyber trade transactions and to suggest some policy implications to vitalize cyber trade by internet accomplishes electronic business from all process integration of production, marketing and customer service. However, there are some legal problems for the electronic commerce to be used in international trade activities such as trade contract transport documents and payment systems by internet. First international trade rules have to be legislated so that electronic documents has same legal function like traditional documents. Also electronic signature must has authenticity, integrity, non-repudiation, writing and confidentiality. Second, traditionally international payment systems such as letters of credits, remittance, documentary collections and open account have been operated as an important and popular method of payment. In the modern world of electronic commerce, information technology has made it possible to pay for the sale of goods and services over the internet. The payment methods such as Credit Card, Debit Card, Electronic Cash, Electronic Fund Transfers enable partly sellers, buyers and service providers to settle payment electronically through the internet. To settle the problems of payment systems, the security requirements for safe electronic Payments such as authenticity, integrity, non-repudiation have to be guaranteed. Also, electronic data interchange in transport documents has to be adopted and negotiability of electronic bills of lading has to be guaranteed. Electronic payment systems through SWIFT enable the sellers and the buyers to conduct and settle international business-to-business electronic commerce in case of solving the above problems and harmonizing the Bolero project.

• Korea Trade Review
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• v.47 no.4
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• pp.69-88
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• 2022

Recently, International commerce has continuously expanded with the development of logistics technology. However, the cost of international logistics is rising rapidly. The Korea International Trade Association (2021) proposes that the use of international commercial terms in Incoterms® could be an effective way against logistics costs. The purpose of this study is to verify the effect on the flexible operation of international commercial terms. For the detection of variables and data collection for empirical analysis based on previous studies and in-depth interviews. The questionnaires were distributed after pilot-study to a random sample of companies based on the list of members such as the Korea International Trade Association, the Korea Trade-Investment Promotion Agency, and the Global Small and Medium Business Association. A total of 800 questionnaires were distributed, and 166 were used for empirical analysis. The results of this study are as follows. First, mutual cooperation and Flexibly using of international commercial terms has a positive (+) effect on logistics efficiency. This is in line with the study of Yang (2021) and Stojanović et al. (2021) that logistics by using international commercial terms will increase the efficiency of logistics. Second, use of international commercial terms based on mutual understanding mediates the relationship between the logistics environment of the other country and the logistics efficiency. As in the study of Vidrova (2020), it is important to operate on international commercial terms mutually.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.43-59
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• 2011

Incoterms 2010 have been revised in line with the latest changes in contemporary commercial practice. An understanding of Incoterms 2010 is essential. The Incoterms rules on the use of domestic and international trade terms, facilitate the conduct of global trade. Reference to an Incoterms 2010 rule in a sale contract clearly defines the parties' respective obligations and reduces the risk of legal complications. In 1980 the United Nations Convention on Contracts for the International Sale of Goods(CISG) was introduced to create international certainty and uniformity in the law and to govern issues that arise in an international sale of goods transaction. This paper focuses on harmony and ability of the CISG and Incoterms 2010 to govern contracts for the sale of goods.

• Journal of Distribution Science
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• v.10 no.11
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• pp.55-60
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• 2012

Purpose - This study aims to suggest policy directions for small retail markets in Korea by statistical analysis, which would help small retailers who are facing various difficulties. Research design, data, methodology - This study diagnoses the problems faced by small retail industries in Korea based on government statistics. In addition, this study identifies three areas for successful collaboration between the SSMs and traditional markets-information distribution, products, and fair trade. Results - This study makes three recommendations-information distribution, products, and fair trade. This includes activation of the existing mutual collaboration efforts, channels, CSR report writing and publicity, ethical management cooperation seminars, contract systems of no return, establishment of staff outsourcing standards, and support for suppliers' organizations. Conclusions - Our suggestions for a collaborative system (based on the three suggestions) show that collaboration rather than confrontation between large and small markets can lead to a sales increase of 2,258.2 billion Won, which is equivalent to the sales loss in 11 traditional markets in one year in Busan.

• International Commerce and Information Review
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• v.6 no.1
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• pp.267-284
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• 2004

The expansion of regionalism has resulted in the creation of blocs of the world economy, so that those countries not belonging to one or more blocs can discriminated. Though recently singed on the bill of FTA with Chile, Korea is actually alienated from major stream of the blocs. Therefore, Korea government makes efforts to contract more FTAs with countries such as Singapore and Japan. FTA is believed to be an important method to secure export and national competitiveness in the long term. Therefore, we need to exactly understand critical issues and the long-run effect of FTA. The paper tries to find out important issues and potential strategies relating to electronic commerce in Korea-Singapore and Korea-Japan FTA. According to the historical facts, economic effect of FTA depends a lot on the contents of the agreement. Therefore, additional intensive studies are required before contracting FTA in the future.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.111-180
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• 2009

According to English law, in a voyage policy there is an implied warranty that at the commencement of the voyage the ship shall be seaworthy for the purpose of the particular adventure to be insured. However, Unites States law affords the implied warranty of seaworthiness a great deal of latitude. In the case of voyage policies, it has been traditionally held that the assured is bound not only to have his vessel seaworthy at the commencement of the voyage but also to keep her so, insofar as this can be achieved by himself and his agents, throughout the voyage. Additionally, a defect in seaworthiness, arising after the commencement of the risk, and permitted to continue from bad faith or want of ordinary prudence or diligence on the part of the insured or his agents, discharges the insurer from liability for any loss consequent to such bad faith, or want of prudence or diligence; but does not affect the insurance contract in reference to any other risk or loss covered by the policy, and which is not caused or exacerbated by the aforementioned defect. One of the most important areas of difference in the marine insurance contract between the U.K. and U.S. is the breach of warranty. Prior to the Wilburn Boat case, the MIA was thought to hold that the effect of a breach of warranty was similar under American law -in that under the general maritime law literal compliance with all promissory warranties is required. In this case, the Court concluded that state law should apply to a marine insurance policy, and found that there was no federal rule addressing the consequences of a breach of warranty in marine polices. However, it is of the utmost importance that this case brought to a close the imperative concordance between English and American law. Meanwhile, in relation to marine insurance contracts in Korea, this insurance is subject to English law and practice;, additionally, the international trade volume between Korea and the United States has assumed a vast scale. Therefore, we believe it is important to understand the differences in marine insurance law between the two countries in terms of marine insurance contracts, and most specifically warranties.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.76
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• pp.103-123
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• 2017

If additional condition in letter of credit is used in malicious way, it affects the international trade transaction in jeopardy. Therefore, it's significant to identify whether additional conditions are malicious or ordinary in the transaction with letter of credit. In normal cases, thanks to lots of useful features as an international payment method, such as security of payment, legal protection, and versatility, a letter of credit is widely used in international trade. However, even with these advantageous features, a letter of credit is complicate and costly to use, compared to other payment methods. Furthermore, due to its principle of independence from underlying contract, a use of letter of credit creates another type of concern for proper handling and needs significant caution upon field use. At some points, malicious additional conditions are used for buyer's advantage in deal making and fraud instance in worst situation. In addition, some countries request malicious conditions against sellers as a non-tariff barrier. Therefore it's extremely important to recognize whether malicious additional condition exists in letter of credit and, if so, how to deal with it. This study delivers the information to distinguish and categorize the malicious conditions in various cases and to figure out how to deal with them for safer trade with less risk.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.65
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• pp.71-94
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• 2015

The insurer's right to take legal proceedings in the name of the assured against a third party who has caused loss of or damage to the goods is of particular importance in marine cargo insurance under international trade transaction. The amounts recovered in subrogation actions, known in practice simply as recoveries, form a significant element in the balancing of the cargo insurer's underwriting account by improving ing the loss record. However, even if the carrier involved in the accident have a liability for damages, in some cases can not claim damages in accordance with the after clauses and carrier's exemption clauses indemnity carrier under the contract of carriage. In recent, the dispute cases to argue damages claim of the carrier in connection with business practices of surrender B/L, the claim is dismissed cases in accordance with the Arbitration Rules of the after clauses. In the future, the surrender B/L is continually to use as a marine transport method, it may also be interested in insurance subrogation of damages claims to insurance accident by a surrender B/L.

• Korea Trade Review
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• v.45 no.1
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• pp.83-100
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• 2020

This study aimed to provide the most accurate analysis possible regarding the buyer's duty to examine goods and give notice, or the like, of non-conformity to the seller under Belgian law in comparison with the CISG and CESL. Even though Belgium is the capital of the Europe Union, most of its laws remain untranslated in English. Therefore, this study may offer key insights into the specificities of Belgian law, which while being derived from the French Napoleon Code has its own practices coded into its Case Law. It also makes a comparison with the new CESL and CISG in order to evaluate their respective influence on national law and other infructuous attempts to harmonize Belgian law for the internal European market. Evaluating the differences of each system in the spirit of comparative law may be a good basis for the development of laws in each jurisdiction.