• 한국항해항만학회지
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• 제44권2호
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• pp.128-135
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• 2020

Long-term shipping contracts represent the cooperative and coexisting relationships between the shipping and steel industries. Yet, differences between the contract forms for iron ore and steel products have emerged. Specifically, the large proportion of consecutive voyage charters (CVC) is being applied in the iron ore trade, whereas the contract of affreightment (COA) is proportionally higher for shipping steel products. The literature review and in-depth interviews in this study identified through the research model, the characteristics of the shipping and market structure in both markets have significantly contributed to the preference of different long-term contracts. It has been determined that the mutual oligopoly market structure and the characteristics of shipping such as, the small number of suitable vessels in the market, the single fixed load/discharge ports, the long-distance voyages, and the potential risks for fatal accidents because of cargo liquefaction, for the iron ore trade, provide higher contribution to the preference of CVC contracts. In contrast, the consignor oligopoly market structure and the shipping characteristics, such as the greater number of suitable vessels available in the market, the variation in ports, the cargo quantity per shipment, the various load/discharge ports, and the need for experienced carriers for steel product loading in the steel product trade has shown higher preference on the COA contracts as the consignors with superiority over the shipowners, resulting in favorable contract types and conditions for the consignors.

• 한국건설관리학회논문집
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• 제14권2호
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• pp.35-44
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• 2013

보금자리주택 건설에서 분양가 인하의 하나의 방안으로 직할시공제가 도입되었다. 특정 발주방식을 대규모 공공건설사업에 적용 할 경우 본격적인 적용이전에 해당 발주방식에 대한 각계의 논의를 수렴하고 해당 발주방식이 사업성과에 미치는 영향을 다각도로 분석할 필요가 있다. 이에 본 연구에서는 공공건설사업에의 직할시공제 적용에 따른 공사비, 공사기간, 품질, 리스크 등 사업성과에 미치는 영향을 전문가 면담과 해외사례 조사를 통해 분석하고, 이러한 문제점들을 해결하고 공공건설사업에의 직할시공제의 효율적 적용을 위한 방안을 제시하였다. 먼저 직할시공제하에서는 발주자의 업무가 대폭적으로 증가하므로 해당 공공발주자 조직에서 증가된 업무 수행이 가능한지를 점검해야 하고, 이에 따른 발주자 조직과 업무절차의 변화가 필요하다. 아울러 직할시공제의 효율적 적용을 위해 다중시공기반 CM방식 등 다양한 수행방식을 적용 할 필요가 있으며, 공사관리 절차 및 시스템 구축, 협력업체 강화 등이 필요하다.

• 한국중재학회지:중재연구
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• 제24권2호
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• pp.183-197
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• 2014

1. This study focuses on recent developments of trade transaction between Korea and China. The volume of trade is most rapidly increasing. There have been many items considered to ensure the proper, impartial, and rapid settlement of disputes in private laws by international arbitration. The article contains recent tendencies and proceedings of cases including place of arbitration, language, and so on. 2. The contract made between parties has led to some interpretational, legal questions. Interpretational questions rise mainly from differences of legal systems and legal questions on applying law. The characteristic features of the contract have different meanings, so some articles of the contract can be construed unlawful as a result. 3. As regards the Arbitration Act of Korea, Article 10, the Arbitration Agreement and Interim Measures by Court stipulate the following: A party to an arbitration agreement may request from a court art interim a measure of protection before or during arbitral proceedings. This article examines the application of Article 10 of the Arbitration Act of Korea.

• 무역학회지
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• 제42권1호
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• pp.27-45
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• 2017

기술무역은 기술지식 및 기술서비스와 직접적으로 연관된 국제적·상업적 거래로 정의된다. 기술무역은 물품과 다르게 기술만이 가지는 무형성, 이질성, 가치의 누적성, 권리의 소멸성과 같은 고유한 특징으로 일반적인 매매 이외에도 라이선싱, 제휴 및 협력, 합작투자 등 상업적 목적에 따라 다양한 방식으로 거래될 수 있다. 이러한 다양한 형태를 포함하는 의미로 실무에서는 기술이전(Technology Transfer)이라는 용어가 일반적으로 사용된다. 본고에서는 기술이전이 이처럼 다양한 형태로 이루어질 수 있는 배경을 기술이 가진 성격으로 이해하고자 하며 특별히 전통적인 무역의 대상인 물품과의 비교를 통해 명확히 하고자 한다.

• 무역상무연구
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• 제26권
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• pp.35-86
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• 2005

International distributorship contract(IDC), as well as international agency contract is a type of contract which is most frequently used in international trade. But one of the main difficulties faced by parties of IDC is the lack of uniform rules for this type of contract. This means that both parties should be careful about each clause of the contract when they draw up it. The ICC prepared model form which incorporates the prevailing practice in international trade, and which aims at protecting and balancing the legitimate interests of both parties. This author examined the several important clauses in this model contract. The purpose of this examination is to help the contracting parties for better understanding and applying them in their actual contracting practice, which based on this model contract. When the supplier and the distributor execute their contract or use ICC Model Contract, they should be careful about the following points: First, some terminologies(like, "territory", "product", "competing products" and "exclusivity") should be clearly defined in their contract. Second, regarding the supplier's functions including "supplying products" and the distributor's responsibility including "undertaking not to compete", and "attaining guaranteed minimum targets", both parties should make clear about each party's right and obligation as well as one party's remedies available when other party makes breach of its obligation. Third, both parties should examine the relationship between the "exclusivity" or "sole" and competition law which is regarded as a mandatory rule in the territory. Forth, when both parties lay down "termination clause" in the contract, they should make clear about the indemnity in case of termination. Fifth, as there is not uniform law for the distributorship contract, it is inevitable to choose any local law as an applicable law in case of litigation. So both parties should keep in mind to insert arbitration clause to avoid the application of the local law. Besides, both parties should consider their individual and specific circumstances and try to reflect them in their contract by Annex I to XI attached to the end of model contract.

• 무역학회지
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• 제44권3호
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• pp.155-170
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• 2019

This study examines the model of perceived risk, trust, and continuous transaction intentions presented in a study of the buying behavior in International Transaction. Although most of the trade transactions have been studied as a legal supplement, trade transactions are also purchasing behavior aimed at maintaining continuous transaction intentions between the parties. The study results confirmed that perceived risk could be separated into risk neutrality, risk - taking and risk aversion, and perceived risk had an effect on trust. In addition, the trust affected by perceived risk in the trade transaction model has a statistically significant effect on continuous transaction intentions. The study results confirm that the theoretical background used in previous studies of purchase behavior models is also effective in trade transaction.

• 한국중재학회지:중재연구
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• 제19권2호
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• pp.49-72
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• 2009

Korea Fair Trade Commission (KFTC), one of the Government agencies, has been preparing a standard model form of Exclusive Contract for Entertainment Management (hereinafter referred to as "Exclusive Contract") to eliminate some types of unfairness that placed entertainers at disadvantage such as forced PR activities or activities without payment, excessive privacy infringement, and exemption of payment after the termination of the exclusive contract. The said Exclusive Contract was drafted by The Korean Commercial Arbitration Board (the "KCAB") in association with the Korean Entertainment Law Society (the "KELS") and KCAB has persistently persuaded Corea Entertainment Management Association (the "CEMA"; mainly actors management) and Korea Entertainment Producers' Association (the "KEPA"; mainly singers management) to adopt the above-mentioned Exclusive Contract, respectively, and especially arbitration clause instead of litigation. After KCAB's tens of meetings and persuasion, they finally decided to accept KCAB's offer and they have submitted the Exclusive Contract drafted by KCAB and KELS to KFTC on April 17, 2009. The arbitration clause drafted by KCAB was already accepted by unfair contract examination division and unfair contract advisory committee and the final standard model contract was supposed to be publicly announced on June 30, 2009 after final examination of unfair contract standing committee, but the announcement has been delayed owing to severe controversies between the concerned parties, such as CEMA, KAU (Korea Artists' Union), KEPA and KSA (Korea Singers' Association) related to delicate issues like contract period and ownership of intellectual properties, etc. But it is expected the announcement will be made very soon by which the contract will include the originally drafted arbitration clause by KCAB. Therefore, it is very timely to examine the various legal issues which can be arisen out of disputes, and arbitration appropriateness with Exclusive Contract of Entertainment Management on this paper.

• 무역학회지
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• 제42권6호
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• pp.87-110
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• 2017

이 글은 FTA 활용이 우리 농산업화에 갖는 의미를 살피고, 농업분야 FTA 활용 확대를 위한 정책적 시사점을 찾는 것을 목적으로 한다. 이 연구는 농산업화의 핵심인 농기업과 지역농가 간의 계약생산의 실 사례를 살피는 사례연구로서 학문적으로는 FTA 활용에 대한 논의를 농산업화 연구까지 확장하는 의의가 있고, 실천적으로는 우리 농업분야 과제에 대한 근본적인 해법을 제시하고 FTA 활용 확대를 위한 정책적 시사점을 찾는 의의가 있다. 연구결과를 통해 FTA로 인해 유발된 경쟁 속에서 농산업화가 진전을 이루기 위해 농기업과 농가 간 평등하고 공정한 관계 형성을 위한 정부의 지속적인 조정과 지원이 필수적임을 강조한다.

• 무역상무연구
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• 제38권
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• pp.47-68
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• 2008

I have observed the validity of open-offer from a point of European contract law in comparison with International Trade Law in this paper. Generally we know that an offer is an expression of willingness bo be bound to the contract. In English law if there are no intention it will be considered such as circulation of price lists or catalogues. As for French law these activities could be considered as an offer. However German law is closer to English law as to an offer. A contract which does not ascertained price is open-price terms and it can be applied not only for general commercial contracts but also for franchise or for distributorship agreements especially in Europe. When open-price terms applied to reserve a exclusive right to the contract the validity of contract can be a serious matter between principals. In English law an offer must be sufficiently complete to be capable of acceptaqnce. English law does not require that price terms should be indicated on offer. English law allow a open-price terms in the contract. In French law a contract will be valid in the absense of a price which is either determined or objectively determinable. A price by the market price of similar products is not enough to be valid offer. It should be recognized and accepted objectively by third parties. French law require that price terms should be indicated on offer. Open-price terms are not enough to be an effective offer. However German law shows more flexible than French law. In German law if the price is not fixed in the contract there are four ways to determine it. The seller may determine the price by the time of deliver. By reason of thess backgrounds I have made comparison with European contract law and International trade law on the validity of open-price offer in this paper. It seems that we are not familiar with open-price terms although franchise contract or special terms of contract have been increased in these days. So I hope this paper will be helpful to show a new point of view.

• 무역상무연구
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• 제54권
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• pp.99-122
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• 2012

According to the United Nations Convention on the International Sale of Goods, the Seller must deliver the goods, hand over any documents relating to the them and transfer the property the to the goods as required by the contract, and buyer must pay the price for the goods and take delivery of them as required by the contract. In particular, the seller provides the documents is important. If the documents are discrepancies in credit, the beneficiary may not receive the payment. So It is important to study on conditions of documents in international trade. Documents provided by the seller shall be determined by express terms. If there is no agreement on the express terms, it shall be determined by the implied terms or governing law terms. In practice Seller shall provide the documents are as follows, For example, transport documents, commercial invoice, certificate of origin, insurance policy, packing list, inspection certificate etc. As stated above if it can not be determined by express terms, it is determined by the implied terms. In international trade, leading to the implied terms is incoterms(R) 2010 and UCP 600. Incoterms(R) 2010 define the seller must provide the goods and the commercial in conformity with the sales contract and any other evidence of conformity that may be required by the contract and UCP 600 are rules that apply to documentary credit. This paper, the practical utility between Incoterms(R) 2010 and UCP 600 is studied.