• Journal of Korea Trade
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• v.26 no.5
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• pp.88-105
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• 2022

Purpose - This paper studies whether economic sanctions can be used as grounds for a party to an international sales contract to get an exemption if he fails to meet his contractual obligation. Because the answer can differ depending on the governing law of the contract, this study focuses on CISG, the most widely recognized international uniform legal instrument as the governing law of the international sale of goods. Design/methodology - This paper focuses on analyzing the conditions to meet before getting an exemption under CISG. For such analysis, this paper examined various scholarly writings, cases, and hypothetical examples reflecting a wide variety of economic sanction measures. Findings - The findings of this paper are as follows. The main provision for exemption under CISG is Article 79(1), which provides for an exemption for a party that failed to perform if such failure was caused by an impediment that was uncontrollable, unforeseeable, and unavoidable; either a seller or a buyer may rely on the Article for his non-performance, delay, or defective performance. The Article is applicable not only where the economic sanction caused impossibility of performance but also where it caused hardship. The economic sanction will likely be found to be an uncontrollable impediment; however, it will be relatively more difficult to prove it to be unforeseeable or unavoidable. Originality/value - The subject of this paper is whether a party can be exempted from liability under CISG when he fails to perform his contractual obligations due to economic sanctions. Given that this issue is now actually faced by many involved in international trade, it is expected to provide practical help to practitioners and companies alike.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.317-358
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• 2011

The purpose of this study aims to analyse the key differences of the sea waybill and electronic B/L in the international transport documents. Sea waybills look remarkably like ordinary bills of lading. Indeed, in two important ways, they are just like bills of lading: the front of the document will near a description of the quantity and apparent condition of the goods; and the back of the document provides evidence of the terms of the contract of carriage. They differ from bills of lading in that, far from indicating that the goods described are deliverable to the order of the shipper or of the consignee, they will make it explicit that the goods are deliverable only to the consignee. Again, different carries will do thai in a variety of ways. For example, the document may call itself non-negotiable, omitting the word order from the consignee box on the front of the document, and stating explicitly that the goods will be deliverable to the consignee or his authorised representative on proper proof of identity and authorisation. The Hague-Visby Rules and Hamburg Rules give no guidance as to any right to instruct the carrier in respect of goods while they are in transit. However, in applying Article 50 of the Rotterdam Rules, in particular when applying it in the context of seawaybills, straight bills of lading or ship's delivery orders, regard would need to be had to preserve the shipper's rights under any of those three documents even after the buyer of goods covered by them has acquired rights of its own. And, the right of control is defined at Article 1.12 of the Rotterdam Rules. The right to give instruction is further limited by the terms of Article 50.1 to three particular types of instruction in respect of the goods, relating broadly to the goods, their delivery en route, and the identity of the consignee. And, the CMI formulated the CMI Uniform Rules for Sea Waybills for voluntary incorporation into any contract of carriage covered by such a document. Recognising that neither the Hague nor the Hague-Visby Rules are applicable to sea waybills, the CMI Rules provide that a contract of carriage covered by a waybill shall be governed by whichever international or national law, if any, would have been compulsorily applicable if the contract had in fact been covered by a bill of lading or similar document of title.

• International Commerce and Information Review
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• v.5 no.2
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• pp.19-45
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• 2003

The main issues addressed in this paper are as follows : First, this paper makes a distinction among types of e-money, IC card type versus Network type, open-loop type versus closed-loop type, online type versus offline type and accountable type versus unaccountable type, and analysis the clear and accurate criterion. Second, generally speaking, e-money is a claim on originator of e-money and not legal tender, so, delivery of e-money by itself does not relieve of monetary obligation. Between it is not easy to define e-money, by now there are many definitions of e-money, there is a legal uncertainty accordingly and then it is not easy to find proper law applicable to resolve a particular issue. As a result. many problems relating to e-money would be solved through analogical application of the moot proper law among the laws that apply to the cash, check, credit card, or fund transfer after analyzing type of e-money at issue. This paper studies the methods on diffusion of the utilization of electronic money. To diffuse the usage of electronic money, it need; prerequisitely as a basic conditions independence of electronic money, non-reusability, and anonymity. And also as a additional conditions it need; usability in the offline commerce, transferability, divisibility. And now electronic money is used very actively, but still has many Jaw problems such as protections of consumer, law enforcement, supervisory, etc. So electronic money has called as money, but it is sure that electronic money is not a legal tender. So to facilitate the economic function of the electronic monel it is need to supplement the electronic money in the legal sides.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.33
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• pp.121-144
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• 2007

The International Chamber of Commerce has been the world's leading organization in the field of international commercial dispute resolution. Established in 1923 as the arbitration body of ICC, the International Court of Arbitration has pioneered international commercial arbitration as it is known today. The ICC International Court of Arbitration is the world's foremost institution in the resolution of international business disputes. While most arbitration institutions are regional or national in scope, the ICC Court is truly international. The purpose of this paper is to examine their advantages and to introduce main contents provided in ICC Rules of Arbitration as follows; First, before the actual merits of the case can be addressed, the Arbitral Tribunal must first draw up the Terms of Reference. The Terms of Reference should include the particulars listed in the ICC Rules. Apart from the full names and description of the parties and arbitrators, the place of arbitration and a summary of the parties' respective claims, they contain particulars concerning the applicable procedural rules and any other provisions required to make the Award enforceable at law Second, the Scrutiny is a fundamental feature of ICC arbitration and is one that distinguishes it from the other major international arbitration rules. The scrutiny system has two aspects ; the first is to identify or modify the defects of form, while the second is to draw the arbitrators' attention to points of substance. Third, as soon as practicable, the Court fixes an advance on costs intended to cover the estimated fees and expenses of the arbitrators, as well as the administrative expenses of ICC. Specially, the advance on costs fixed by the Court shall be payable in equal shares by the Claimant and Respondent. Finally, the parties are also free to select the arbitrator or arbitrators of their choice. The Court or the Secretary General confirms arbitrators nominated by the parties. Taking a step forward, to upgrade the quality of the award of KCAB, it is desirable to consider how to incorporate the main contents of the ICC Arbitration into Korea Commercial Arbitration Rules.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.53
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• pp.49-74
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• 2012

This study primarily concerns the seller's right to require performance under the United Nations Convention on International Sale of Goods(1980) (here-in-after the CISG). By virtue of art. 62 of the CISG, the seller may require to pay the purchase price, take delivery or perform his other obligations. The right is known as a process whereby the aggrieved seller obtains as nearly as possible the actual subject-matter of his bargain, as opposed to compensation in money for failing to obtain it. The study describes and analyzes the provisions of the CISG as to the seller's right to require performance, focusing on the questions of what the seller can require the buyer to perform, and what the restrictions of his right to require performance are. It particularly deals with main controversial issues among scholars as to whether art. 28 of the CISG is applied to the seller's action for the price and so that it opens the door domestic traditions and national preconditions that prevent judges and enforcement authorities in some contracting states, and whether the seller's to require performance is subject to the duty to mitigate loss within the meaning of art. 77 of the CISG. On the basis of the analysis, the study puts forward the author's arguments criticizing various the existing scholars' views. In addition, this study provides legal and practical advice to the contracting parties when it is expected that the CISG is applicable as the governing law.

• Korean Journal of Digital Imaging in Medicine
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• v.10 no.2
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• pp.11-16
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• 2008

Images of medical treatment on PACS environment are digitized and they make saving and transmission of patient's information easy with CD format causing increase of patients transfer rate between hospital and data transmission as well. Figuring out the configuration of confining status of copied images of medical treatment with CD format and present the appropriate way of identification for personal information. 20 general hospital over 500 beds which are utilizing PACS currently. Questionnaire investigation focusing on PACS operation center and it's management people. In accordance with the law of securing personal information of public organizations, it says "Anyone who wants to see his or her information via representative he or she needs to make a letter of attorney and turn in this to the president of it's possessing facility" in the article 16. Based on the investigation of general hospital for CD copy issue status near metropolitan area, 8 out of 20, were issuing CD copy through personal identification process(the person oneself and representative) and 10 general hospital were doing by getting signature of receiptor only without identification of the person oneself and 2 general hospital confirmation process is not at all. By the law of securing personal information of public organization, article 16, confirmation process is supposed to mandate lawfully with a letter of attorney when there is any request of reading and/or copies of one's information. But in reality, there were no consistent rules on reading, the process and coverage of copy issue, rejection coverage of copy issue of CD copy in each general hospital PACS operation center. Therefore there is a big need for consolidated format which is applicable by law when the representative requests to issue of CD copy that is storing medical treatment images. By issue through this consolidated format, securing medical information of individual and systemic operation and management will be valid and effective.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.149-170
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• 2015

State's compensation obligation accompanied in case of indirect expropriation of foreign investor's investment asset has been established definite principle under international investment law. But the concrete and unified application criterion regarding valuation methods for measuring compensation have not been established yet. The World Bank investment guideline is adopting the Hull's Formula, which is understood as the full compensation standard with prompt adequate effective compensation and Fair Market Value method. It is a general principle that compensation should be equal to the fair market value of investment asset just before indirect expropriation date. However, there is a problem of the valuation method of fair market value of investment asset. In general, discounted cash flow, liquidation value, replacement value, book value, etc. can be the applicable standards. Arbitral tribunals determine compensation by adopting proper valuation method on a case-by-case basis according to the discretion based on the arbitration parties' experts' review on the presented opinion and by considering fact relevance of the issued dispute. This compensation includes also interest, recently it tends to award according to compound interest rather than simple interest. Beginning of the period to generate interest is the next day of the indirect expropriation occurrence date. And it should be considered that interest until the payment of compensation is also included. In addition, it should be considered that mental damages is available only when there's a basis to prove this or special case. Therefore, this study suggests to review of precedents related to indirect expropriation and concretely specify compensation valuation standard and method of indirect expropriation on investment agreements through enough consultation beforehand.

• Journal of Internet Computing and Services
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• v.17 no.2
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• pp.77-85
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• 2016

Internet cookie technology is designed for solving unreliable problem of HTTP's inherent property and notifying user's previous activity to web site's server, so it is useful to provide suitable service for individual user. However, the cookie techniques are becoming more sophisticated such as the third cookie and super cookie. And its included information is applied for advertisement and target marketing strategy, so the problem occurs that user's personal information is collected excessively. However, our law does not recognize the internet cookie as personal information so user cannot know where own internet cookie is stored and applicable. Therefore, in this paper, we explain the internet cookie technology, the privacy invasion and right to be forgotten for solving problem due to the internet cookie. And we analysis the relationship between the information of internet cookie and personal information, and then present the improvement requirement on the law and technology to use internet cookie securely and conveniently.

• Hwankyungkyoyuk
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• v.2 no.1
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• pp.69-83
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• 1991

The management and disposal of harzardous chemicals from the middle school science class was studied for the safety of student and for the protection of the environment. This study was undertaken by analysis of 5 kinks of current middle school science text book and questionnaire survey, and reviewed on the recommended methods for the disposal of harzardous chemical wastes from science class. There are 237 chemicals determined in the middle school science text books and 87 among them actually used in middle school science laboratory. 51 chemicals are classified as harzardous ones and 49 highly hazardous according to the 'Law of Toxic Chemicals management'. 116 chemicals are defined as water pollutants and 10 are highly hazardous water pollutants according to the 'Water Quality Control Law' as well are 91 chemicals as air pollutants and 19 are highly hazardous air pollutants according to the 'Air Quality Control Law' Questionnaire survey results the identification of toxic chemicals, need for education, awareness of toxic effects and current problems in the management. Disposal of toxic chemicals in middle school science class has been undertaken without any treatment, which could be caused of environmental pollution. Most of science teacher wanted to have opportunities to attend supplement courses for the management and disposal of chemicals for the safety and environmental protection. Simple and applicable methods for the management and disposal of chemicals at middle school science level should be strongly recommended to be installed.

• (The) Research of the performance art and culture
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• no.23
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• pp.213-243
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• 2011

Under copyright law, the writer' work is clearly protected, and any later producer who wishes to mount a copyrighted play or musical must obtain a license from the author, which may involve sharing royalties from the subsequent production with the author. Generally, directors do not explicitly enjoy similar legal protection for their creative input into a finished production. This Article explores the unsettled issue of copyright protection for stage direction in America. Firstly, it presents a few lawsuits on behalf of stage direction issues. It examines whether stage directions are possible for copyright protection through some pieces of articles. It looks at the contract form made by SSDC which is national labor union representing stage directors and choreographers. After all, I insist we acknowledge the copyright law and the value of copyright protection for stage directors' creative input into a performing arts production. We should devise the contract forms for stage directors which are to be applicable for each situations of productions.