• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2008.11a
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• pp.216-221
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• 2008

This study has been carried out in order to observe the status of performance warranty contracting system currently being implemented at the advanced countries including Europe, U.S.A., and Japan, review the introduction feasibility and possibility. For this purposes this study has surveyed the concept and necessity of performance warranty contracting system as well as the status of domestic performance warranty contracting system. Especially the application environment for the performance warranty contracting system of Europe, U.S.A., Japan and Korea in terms of maintenance guarantee liability system, performance warranty regulations for design-build contracting system, selection method of successful bidder, performance warranty means, project contracting system including maintenance cost, and specifications and contract conditions for performance warranty system have been comparatively evaluated. And introduction methods of performance warranty contracting system were suggested.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.67
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• pp.1-21
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• 2015

U. N. Convention on Contracts for the International Sale of Goods (hereinafter the 'CISG' or the 'Convention') has been in force more than 37 years. The CISG responds to the need for uniform sales law. First of all, the biggest barrier against the uniformity in sales law is so-called "homeward trend". Professor Honnold, who served as secretary of UNCITRAL during the time in which the CISG was developed, pointed out the danger of "homeward trend" like this in his Article. "One threat to international uniformity in interpretation is a natural tendency to read the international text through the lenses of domestic law." CISG Article 79 is the principal provision governing the extent to which a party is exempt from liability for a failure to perform any of his obligations due to an impediment beyond his control. So-called 'Manfred Forberich' decision regarding the article 79 represents the most extreme example of what is likely the most dangerous error that tribunals applying the CISG can make. CISG Article 79 only governs impossibility of performance, and there is a controversy whether a disturbance which does not fully exclude performance, but it considerably more difficult or onerous(hardship, change of circumstances, economic impossibility) can be considered as an impediment. Unlike PICC and PECL, the CISG governs contract of sale. Therefore, events such as a sudden increase in the price of raw materials or a dramatic devaluation of currency, will not allow the seller to avoid his liability for non-delivery of the goods or to require renegotiation of the terms of the contract of sale. We should bear in mind that the CISG should be interpreted and applied in the context of the CISG itself.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.46
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• pp.61-104
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• 2010

The purpose of this work aims to analyse the principles of good faith under international transaction with CLOUT and UNILEX cases. Article 7(1) CISG sets the stage for the interpretation by promoting a uniform approach using good faith and the international charter of the convention. In other words, article 7(1) defines the purpose and the principle of interpretation and is applied to the Convention as a whole. As such, it also includes article 7(2), which goes beyond the big picture and settles the problems of gap filling. It is also important to understanding that the mandate of the CISG is to look for a solution, which is not only restricted to interpretation but extends to solving a problem. The problem in this work is to find out how gap filling is achieved and, because of the autonomous mandate of interpretation, to explain and understand its relationship with domestic law. The solution to the interpretation of article 7(2) must be found within the four corners of the CISG. To restate, article 7(2) describes two situations where gap filling is needed. First, if the matter is governed by the Convention but not expressly settled, then a gap must be filled in conformity with general principles on which it is based. Second, if the matter is not covered then the gap must be filled taking domestic law into consideration. There are two reasons why a matter may not be covered by the Convention. First and most obviously, it has been specifically exclude from the sphere of Application by the CISG itself, such as validity in article 4. Second, changes in business methods will lead to gaps. The United Nations has established a service known as CLOUT. This contains abstracts of hundreds of selected decisions of both courts and arbitration tribunals. And UNILEX is cosponsored by the Italian Centre for Comparative and Foreign Law Studies and UNIDROIT Contract Principles. The cases are in abstract format, but, when available, the full text of the case in the original language is also supplied.

• Journal of Convergence for Information Technology
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• v.8 no.1
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• pp.187-199
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• 2018

The purpose of this study is to find out the positive effects of the block chain when applied to the logistics industry and what legal problems should be solved to apply the block chain to the logistics industry. As a result of the study, it was found that the block chain can create the streamlining document work, increasing visibility, improving transaction reliability, activating Internet of things, and expanding smart contract. However, in order to apply the block chain to the logistics industry, have also confirmed that the scope of electronic transactions, international distribution of electronic bill of lading, and legal supplementation related to personal information protection are necessary. It is meaningful to confirm the applicability in the logistics industry, the positive effect and the legal problem, but it is necessary to study the problem from the practical point of view in the hereafter research.

• Journal of the Korean Dietetic Association
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• v.6 no.2
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• pp.148-160
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• 2000

The purpose of this research was to analyze the tasks on foodservice ․ clinical nutrition service in hospital dietetic departments. A survey of 30 hospital food and nutrition service departments was undertaken and detailed informations were collected from each, including surveys of 176 dietitians and 30 foodservice managers. Statistical data analysis was completed using the SAS/win 6.11 package for descriptive analysis and t-test. The results of this study can be summarized as follows : Regarding dietitian's training period, 38.6% dietitians answered that they spent 1~2 years in mastering food service management. 28.4% dietitians replied that they needed 2~3 years in learning clinical nutrition management. It was shown that 48.9% dietitians were engaged in food service management, while 26.7% were engaged in clinical nutrition and 26.7% were engaged in both. The 13 elements of food service management showed low performance level. These elements were food temperature, food intake, menu selection, contaminated substances and serving mistake and reliance on hospital food. These should be controlled with caution. The average score of dietitian's life satisfaction within the work place was 3.42 out of 5. The most dissatisfactory element was physical environment of the workplace. 5 elements for improving nutrition service activities showed low performance level with high importance score. Problem analysis showed low difference score between importance and performance level. Hospitals under contract foodservice management received higher points on clinical nutrition performance(P<.05) than hospitals under self-operated foodservice management.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.13 no.2
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• pp.141-149
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• 1993

Production of hydro-energy is random in its output amount due to the characteristics of the reservoir inflows. Therefore, it is necessary to provide the rationality in determining the amount of energy for a supply contract. This study presents a methodology for determining reasonably reliable amount of the energy supply considering the energy sale-incomes associated with the penalties which are subject to inflow-reliabilities. The objective function consists of the returns of energy sales and the risk-loss function to reflect statistically relevant risks. A range of the coefficient of the risk-loss function was figured out by its sensitivity analysis. The risk-loss herein means the penalty which should be paid by the energy supplier in case that the level of the energy supply is behind the contracted amount. And the reliability of reservoir inflow is defined by the exceedance probability of the inflow. The log-normal distribution was accepted as the probability density function of monthly inflows on the level of significance at 5%. Golden-ratio searching was applied to identify the optimal reliability and Incremental Dynamic Programming was used to maximize generation of the hydro-power energy in reservoir operation. The algorithm was the applied to the Daechung multi-purpose reservoir and hydro-power plant system in order to verify its usefulness.

• Journal of Arbitration Studies
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• v.16 no.2
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• pp.239-264
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• 2006

Globalization of business activities and the market is making intern ational movement of capital much freer. Therefore the introduction of global standard is inevitable. Each and every country has had its own standard which restrain free exchange and cause misunderstanding and conflict between countries. A country or a company which is not capable of meeting the global standard can not be accepted in the global market. Consequently, it will eventually be left behind. It is right to say that countries and companies should accept the global standard and abide by it to survive in the competitive global market. The following preface which was introduced in the international conference co_organised by BAC, FTCTC and Tsinghua University in May, 2004 shows a timely movement for the globalization of construction business. *B A C, Beijing Arbitration Commission *FTCTC, The FIDIC-Tsinghua-CNAEC Training Center *CNAEC, China National Association of Engineering Consultants Introduction, As arbitration becomes more and more popular in the ways of alternative disputes resolution all over the world, the BAC is devoted to promoting international arbitration in China. As FIDIC contracts constitute an accepted point of reference for international construction contract, the BAC, characteristic of construction projects, is willing to facilitate the FIDIC contracts as the referred construction contracts in China. In order to carry out its purposes, the BAC, together with FTCTC is going to convene for discussion of dispute resolution and arbitration of international construction projects. FIDIC, construction contract management guide, explains arbitration as the ultimate dispute resolution method. The detail of FIDIC will be suggested in this essay.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.329-346
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• 2000

The marine cargo insurance is mainly the insurance on foreign trade commodities. The sales contract stipulates as to which of the seller or the buyer should arrange the insurance. In other words, if the sales contract is made on the C.I.F. terms, the seller has to arrange the insurance, while, in the case of F.O.B. or C.F.R. terms, the buyer has to arrange it. The F.O.B. or C.F.R. terms means that the seller has to take out an insurance for himself until the cargo being loaded onboard the overseas vessel at the port of shipment in export country. But our country has not reasonable insurance to cover seller's risk, because it hasn't yet implemented the insurance. In respect of a cargo exported from Korea on F.O.B. or C.F.R. terms, the F.O.B. insurance covers comprehensively the inland transit and storage until the cargo being loaded onboard the overseas vessel at the port of shipment in Korea with a certain limitation of a insurance period. The goal of this study is to analyze the development propriety of F.O.B. Insurance. This could be done through analyzing the volume and analyzing the proportion of F.O.B. or C.F.R. terms for export. It is supposed that the potential demands of F.O.B. insurance are sufficient in our country for developing the F.O.B. insurance. At this point of time, the positive development of F.O.B. insurance for export is inevitable from the viewpoint of present situation of trading circles.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.151-192
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• 2000

This study has been focused on the revisions and characteristics of the 7 non-maritime trade terms(EXW, FCA, CPT, CIP, DAF, DDU and DDP) in Incoterms 2000. Main characteristics are as follows: First, the use of different expressions intended to convey the same meaning has been avoided and the same expressions as appear CISG have been used. Second, the content of preamble in each trade terms has been shortened and definitedly. Third, if the parties are going to use variants of trade terms in Incotrems 2000, the meanings should be made clear by adding explicit wording in the contract of sale. Main revisions of the 7 trade terms are as belows: First, Incoterms 2000 has emphasized that in EXW, the seller delivers when he places the goods at the disposal of the buyer at the seller's premises or another named place(i.e. works, factory, warehouse, etc.) not cleared for export and not loaded on any collecting vehicle. Second, in FCA, delivery is completed; a) If delivery occurs at the seller's premises, the seller is responsible for loading. b) If delivery occurs at any other place, the seller is not responsible for unloading. Third, in CPT and CIP, all costs and charges relating to the goods whilst in transit until their arrival at the agreed place of destination, unloading costs and all duties, taxes and other charges as well as the costs of carrying out customs formalities payable upon import of the goods and for their transit through any country are linked with the content under the contract of carriage. Fourth, Incoterms 2000 has emphasized that in DAF, the seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport not unloaded, cleared for export, but not cleared for import at the named point and place at the frontier, but before the customs border of the adjoining country. Fifth, Incoterms 2000 has emphasized that in DDU, the seller delivers the goods to the buyer, not cleared for import(in DDP, cleared for import), and not unloaded from any arriving means of transport at the named place of destination. Sixth, if the parties do not intend to deliver the goods across the ship's rail, FCA, CPT and CIP instead of FOB, CFR and CIF should be used.

• Journal of Energy Engineering
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• v.25 no.3
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• pp.157-164
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• 2016

This paper aims to create standard forms of MRV plan and report, used when policy funds are applied in accordance with ESCO regulations, when energy savings are measured (the savings would be generated as energy users and ESCOs signed the contract of guarantee for energy savings, and energy saving facilities are installed following the contract). To fully reflect the goals and effects of the installation of energy saving facilities, MRV plans and reports will be completed for the purposes of measuring, verifying, and reporting if the goals of energy savings have been achieved successfully. In this paper, the forms of MRV plans and reports were developed with the detailed descriptions for each form and instructions of completion. Based on the developed forms of MRV plans and reports, future studies need to developed guidelines to explain how to fill out these forms considering the application cases by ESCO technology and facility.