• Title/Summary/Keyword: contracts

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A Study on the Liability for Third Party's Damage on the Time Charter-parties (정기용선계약에서 제3자 화물손해 책임에 관한 연구)

  • Shin, Hak-Sung
    • International Commerce and Information Review
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    • v.15 no.2
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    • pp.285-313
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    • 2013
  • By the revision of the Commercial Code of Korea in 1991 and 2007, some provisions for the regulation of Time Charterparty have been introduced into our own maritime law system. But, those provisions are in their nature mainly the reproduction of the provisions prescribed in the standard forms of time charterparty which are widely used, such as BALTIME Charter and NYPE Form, and the subject matters of their regulation are restrictive, so that the applicability of the provisions is not desirable. The cargo is lost or damaged, the cargo owner should seek compensation form, or sue, the carrier as, traditionally, under the COGSA, the cargo carrier is responsible for loss of damage of cargo. However, it is difficult to determine who is the responsible carrier under charters. There is no test to determine the carrier, but the courts in every country generally consider the bill of lading. Although the master has general authority to sign bills of lading on behalf of the shipowner, he can also sign bills of lading for, and on behalf of, the charterer. In this case, the charter is considered the carrier. Furthermore, the charterer is authorized to contract with third parties on behalf of the shipowner and, as such, the responsible carrier is the shipowner. Therefore, when determining the carrier we should examine carefully the all factors and the circumstances surrounding the case. Also, negligence of a captain of a time-chartered ship causing damages to a third party. It will analyze the legal character of a time-charter contract, review judicial precedents on time-charter. The Inter-Club Agreement was drawn up and is intended to be a somewhat easier way of allocating liability for cargo claims between owners and charterers and, although there is still scope for disputes to arise, the Inter-Club Agreement does in fact to some extent make the allocation of liabilities for cargo claims easier. Finally, it will also make legislative suggestions to resolve complex issues involving maritime transportation contracts under the current Commercial Code.

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A Study on Effect of B/L's Exemption Clauses Relating to the Governing Law of English Law (영국법의 준거법과 관련한 선하증권 면책약관의 효력에 관한 연구)

  • Han, Nak-Hyun;Jung, Jun-Sik
    • Journal of Korea Port Economic Association
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    • v.22 no.4
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    • pp.1-17
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    • 2006
  • In the Bill of Lading of The Irbenskiy Proliv is not subject to the Hague-Visby Rules in accordance with paragraphs (A) and/or (E) of cl.1 or to the Hague Rules in accordance with paragraphs (B) and/or (D) of cl.1. The Irbenskiy Proliv is very rare case that is effective to exempt the carrier as literal words of Bill of Lading. The action concerns cargoes of perishable goods shipped from Brazil to Japan, under Bills of Lading each of which contained an extensive carrier's exemption clause. A preliminary issue was ordered to be determined on the question whether c1.4 is effective to exempt the ralliers from any potential liability for the claims in this case. The court held that there is no reason to reject c1.4 as part of each of the contracts contained in or evidenced by the bills of lading; and it protects the carrier where damage to the goods shipped results from such causes. It is therefore effective to exempt the carriers from any potential liability for those claims.

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GIS-based Disaster Management System for a Private Insurance Company in Case of Typhoons(I) (지리정보기반의 재해 관리시스템 구축(I) -민간 보험사의 사례, 태풍의 경우-)

  • Chang Eun-Mi
    • Journal of the Korean Geographical Society
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    • v.41 no.1 s.112
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    • pp.106-120
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    • 2006
  • Natural or man-made disaster has been expected to be one of the potential themes that can integrate human geography and physical geography. Typhoons like Rusa and Maemi caused great loss to insurance companies as well as public sectors. We have implemented a natural disaster management system for a private insurance company to produce better estimation of hazards from high wind as well as calculate vulnerability of damage. Climatic gauge sites and addresses of contract's objects were geo-coded and the pressure values along all the typhoon tracks were vectorized into line objects. National GIS topog raphic maps with scale of 1: 5,000 were updated into base maps and digital elevation model with 30 meter space and land cover maps were used for reflecting roughness of land to wind velocity. All the data are converted to grid coverage with $1km{\times}1km$. Vulnerability curve of Munich Re was ad opted, and preprocessor and postprocessor of wind velocity model was implemented. Overlapping the location of contracts on the grid value coverage can show the relative risk, with given scenario. The wind velocities calculated by the model were compared with observed value (average $R^2=0.68$). The calibration of wind speed models was done by dropping two climatic gauge data, which enhanced $R^2$ values. The comparison of calculated loss with actual historical loss of the insurance company showed both underestimation and overestimation. This system enables the company to have quantitative data for optimizing the re-insurance ratio, to have a plan to allocate enterprise resources and to upgrade the international creditability of the company. A flood model, storm surge model and flash flood model are being added, at last, combined disaster vulnerability will be calculated for a total disaster management system.

The Legal nature of a contract for supply of a special purpose aircraft -The legitimacy of contract cancellation on the grounds that the performance specification is not satisfied in the purchase specification- (특수 항공기 공급계약의 법적 성질 - 구매규격서상 성능요건 미달을 이유로 한 계약해제의 정당성 -)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.37-72
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    • 2016
  • In the aerospace field, besides special purpose airplanes, contracts for supply of various types of products such as prototypes, unmanned aerial vehicles and space launch vehicles are increasing. In the case of the contractor, it was planned to spend a large amount of money to supply the production, but if the purchase specification that presents the quality and performance standard of the product is poor or lacks the capacity to judge the performance, consuming enormous amounts of time and money. Even if the undertaker does not have the ability to supply the products with the required performance and quality to achieve the purpose of the contract, he/she must pay the cost of burial due to the incompleteness of the work and the compensation for the cancellation of the contract. In this case, the defendant ordered the plaintiff to supply the aircraft by the Happy Box method, which is capable of ILS Offset flight as specified in the Purchase Specification, but the plaintiff attempted to supply the aircraft by the RNAV method. Although the ILS ground signal can be inspected by the RNAV method, the aircraft manufactured in the manner claimed by the plaintiff does not have the ILS Offset flight function required by the purchase specification, so the defendant can not achieve the purpose required by the purchase specification. It was a question of whether a defendant's cancellation of contract was legitimate. The aircraft, which is the object of this contract, is a subordinate substitute, so the case contract is of undertaking. Therefore, in order to complete the work in this contract, the major structural parts of the aircraft must be manufactured as agreed and have the performance generally required in the social sense. However, the aircraft delivered by the plaintiff has serious defects because the defendant can not achieve the purpose required by the purchase specification due to the lack of the ILS Offset flight function required by the purchase specification. This deficiency is impossible for the plaintiff to repair, so the defendant 's cancellation of the contract is legitimate.

A study on the Types of Utilization and Administration of Common Forests in Korea (마을공동소유림(共同所有林)의 이용(利用) 및 관리실태(管理實態) 조사연구(調査硏究))

  • Lee, Mahn Woo
    • Journal of Korean Society of Forest Science
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    • v.61 no.1
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    • pp.60-68
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    • 1983
  • Ever since the day of pre-modernized society where the farming skill had been in the stagnant condition, the common farmwoodlands have been utilized in common (collectivelly) by villagers in order to harvest farmwoodlands and fuelwoods. Later, during the process of modernization, most of the common farmwoodlands were transferred into national or public forests by the administrative enforcement, but there were still various types of village (common) forests such as the common forests owned by joint owners, village block associations, village forest productive societies, Village Forestry Association(V.F.A.), and the national or public forests leased to V.F.A. As Village Forestry Association is organized with a few villages, each of common forests ow nod to the villages is obliged to be diversely controlled by other managers than the chief of V.F.A. Therefore, it is to be desired that the control of common forests should be under Gun Forestry Association Union. While the rate of the use of common forests for fuelwoods and cemetery has been considerably high, villagers wish to promote the timber forest establishment through the collective management by their improved farming skills and economical situations. In these present circumstances the village forest productive societies should be guided to work in closer cooperation with Gun Forestry Association Union. Since the management of common forests is still extensive, it still remains in the semi-management condition under which we can not find any management plan or measure to control forest damage. Especially the small area common forests should have appropriate size for the joint management. This will promote the forest productivity through the lease for reforestation of disposable national forests or public county forests and the contracts for profit sharing. Today owing to increasing forest value, frequent dispute has occurred on the common right telated to the village forests and rationalization of forest management has been disregarded. If a necessary measure were taken to control the dispute such as transferring the registeration right of ownership to the village forest productive society, the confidence of local inhabitants can be regained and the productivity of forests can be naturally increased.

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Status and Characteristics of the Newly Established Cooperatives in Agricultural Sector (농업분야 신생 협동조합의 현황과 유형별 특징)

  • Choi, Kyung Sik;Nam, Gi Pou;Hwang, Dae Yong
    • Journal of Agricultural Extension & Community Development
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    • v.21 no.4
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    • pp.967-1006
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    • 2014
  • This study attempted to provide policy recommendations in promoting new cooperatives established in agriculture based on the 2012 Cooperative Act. A questionnaire survey was conducted with 195 newly established cooperatives as the policy target of this study. The new cooperatives were classified as three kinds namely as 'Business' Cooperatives', 'Consumers' Cooperatives', 'Social Cooperatives' based on their member attributes and objectives. Interesting to note that, all of these new cooperatives born by the new Act has taken the marketing business as their main stream business. Among the three types, 'Business Cooperatives' are ranked the highest amount of capital shares per person in average, having about 30 members in size. In categorization, 'Business Cooperatives' include farmer cooperatives as majority and employee cooperatives. They are usually involved in both production and marketing and even in processing activities, and have tried to secure their business performance by e-commerce and stable business contracts. Their diverse activities are highly associated with their local community. Consumers' Cooperatives include consumer cooperatives and stakeholder cooperatives in achieving welfare of members. This type has lower share in capital but has over 30 members in a cooperative, taking marketing (distribution) business as main and often take advantage of their social network and physical store. Regional relationships are less than producer cooperatives. 'Social Cooperatives' are established by public interest and have around 10 members and lowest per capital. their business and community activity is similar to the consumer cooperatives. This study recommends the needs of designing suitable business models by these three types of cooperatives in the future, while appropriating their membership size for their tangible business operations. The government policy direction should aim to develop their new business opportunities and its management stabilization, especially in conjunction with the existing agricultural cooperatives (Nonghyup). It must be rather than to provide simply policy supports for establishment. An in-depth study is recommended in this regard.

Strategy Development for Expanding High-speed Railway into both Korean Domestic Market and Foreign Market (고속철도사업 활성화 및 건설업체의 해외사업참여 확대방향 연구)

  • Park, Heedae;Park, Hyung Keun;Jang, Hyeon Seok;Han, Seung Heon
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.31 no.1D
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    • pp.119-126
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    • 2011
  • High-speed railway raises global interests with the growing concerns on the green development and the green energy. However, since most of the infrastructure investment of Korea was focused on the highway projects for last forty years, the investment on the railway has been limited around 40~50% of that of the highway projects. In addition, due to the world economy crisis and unsatisfactory support of existing policy for the private investment project, the private investment is given a small deal of weight on the social overhead capital investment. Meanwhile, despite the world high-speed railway market is growing rapidly and the Korean contractors have won the international construction contracts over 70 billion USD, past records of railway projects are very rare. Therefore, it is required to develop strategies for encouraging private investment in the domestic market to achieve efficient high-speed railway development and for advancing into foreign high-speed railway market. This study carried out data collection and market analysis for both domestic and foreign market respectively. Through a structured questionnaire survey and expert interviews, contractors' perceptions on the high-speed railway market and needs for the government support are collected. Summary of strategies drawn from this study are as follows: 1) carrying out BTL high-speed railway projects and revising related policies; 2) upwarding incentive level for the private pre-investment projects considering the contractors' credit rating; 3) carrying out Honam-Jeju submarine railway project; 4) establishing a efficient consortium model for foreign market; 5) improving the capacity of the Korea Railway Association that support Korean contractors' foreign advancement; and 6) expand the budget for Global Infra-fund.

Changes in spatial organization of Korea by the construction of Seoul-Pusan railroad (京釜線 鐵道建設에 따른 韓半島 空間組織의 變化)

  • ;Joo, Kyung-Sik
    • Journal of the Korean Geographical Society
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    • v.29 no.3
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    • pp.297-317
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    • 1994
  • This study demonstrates the changes in the spatial organization of Korea by the construction of Seoul-Pusan railroad. This Seoul-Pusan line, which is the most important one in Korea was constructed in 1905. The original plan of the line was selected to cross the main traditional roads to control the entire Korean peninsular and to mobilize the Korean commercial potentials. It was the line to exploit the staples and to expand the Japanese market in Korea. In accordance with the contracts between Japan and Korean government, Korean government had to supply the lands for railroad, office, and service facilities. That was one of the important reasons that Korean government had been broken down. The main findings of this study are as follows: 1. The Seoul-Pusan railroad line was constructed Japanese colonial policy which emphasized three main purposes; the first was to reorganize the economic space and to collapse the traditional Korean markets for Japanese ruling, and the second was to find out the military supply routes, and the third was to search for the transcontinental line for China and Siberia. As the results, the old Korean pedestrian routes, which were the Eastern, the mid, the westren, and the Samnam route lost their functions. 2. Japanese requested for Korean government usually ten times of wider space for the site of stations than the needed one. The land was expropriated, and constructed the new centers aparted from the original Korean towns. In this process Japanese got the most developmental and windfall profits. The newly constructed centers were for Japanese immigration and the town service facilities which would be used to control the Korean financial market. At last, they easily converted the Korean spatial economy into Japanese colonial one, which made to reinforce the sphere of Seoul-Pusan line. 3. Japanese planned the stations as the central points in Korea. So the railroad stations were located apart from the centers of towns, to avoid the Korean resistances, and to maximize their profits. The mean distance from staiton to 'the town center is about 1km while the Japanese case is 0.6km. 4. The pattern of present Korean railroads is not the 'X type'. Because the Honam line is not the trunk one. So, we could call the Korean railroad pattern as the 'Ip(Chinese character 入) type' . The operational effects of Seoul-Pusan line brought out the concentration of the national economy to this line as Japanese planned. And the polorization had occurred between this line and the other parts of Korea. For twenty years (1910-1930), the transported freights were increased about 5 times. In 1930, the total freight of Seoul-Pusan line became 2, 010, 444 metric tons. If we examine this process, the underconstructing Seoul-Pusan express electric railroad should avoid adjacent this line to reduce the regional and ecological imbalance. 5. The forms of centers on the Seoul-Pusan line were classified into six types in relation to station, town center, and built-up area; the compact (integrated) type, the elongated one, the splited (independent) one, the absorbed one, the consolidated one, and the declined one. All types of these towns might be developed in accordance with the centrality, railroad function, and the other transportational functions. 6. The Seoul-Pusan line plays the most important role among Korean railroads but the ratio of passenger and freight become lower because the effiects of other inaugurated railoads the different transportation modes such as trucks and cars would be got more merits in competition. 7. The results of cluster analyses on the cities of railroad stations showed the rudimentary urban systems in 1910 and 1930. In 1930, the cities were classified into three groups; the group of small cites, the intermediate (developing) city-group, and the special city-group. In 1930s the spatial organization and urban system of Korea were similar to the present ones. We call appreciate that these were the effects of the Seoul-Pusan line.

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Framework of Stock Market Platform for Fine Wine Investment Using Consortium Blockchain (공유경제 체제로서 컨소시엄 블록체인을 활용한 와인투자 주식플랫폼 프레임워크)

  • Chung, Yunkyeong;Ha, Yeyoung;Lee, Hyein;Yang, Hee-Dong
    • Knowledge Management Research
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    • v.21 no.3
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    • pp.45-65
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    • 2020
  • It is desirable to invest in wine that increases its value, but wine investment itself is unfamiliar in Korea. Also, the process itself is unreasonable, and information is often forged, because pricing in the wine market is done by a small number of people. With the right solution, however, the wine market can be a desirable investment destination in that the longer one invests, the higher one can expect. Also, it is expected that the domestic wine consumption market will expand through the steady increase in domestic wine imports. This study presents the consortium block chain framework for revitalizing the wine market and enhancing transparency as the "right solution" of the nation's wine investment market. Blockchain governance can compensate for the shortcomings of the wine market because it guarantees desirable decision-making rights and accountability. Because the data stored in the block chain can be checked by consumers, it reduces the likelihood of counterfeit wine appearing and complements the process of unreasonably priced. In addition, digitization of assets resolves low cash liquidity and saves money and time throughout the supply chain through smart contracts, lowering entry barriers to wine investment. In particular, if the governance of the block chain is composed of 'chateau-distributor-investor' through consortium blockchains, it can create a desirable wine market. The production process is stored in the block chain to secure production costs, set a reasonable launch price, and efficiently operate the distribution system by storing the distribution process in the block chain, and forecast the amount of orders for futures trading. Finally, investors make rational decisions by viewing all of these data. The study presented a new perspective on alternative investment in that ownership can be treated like a share. We also look forward to the simplification of food import procedures and the formation of trust within the wine industry by presenting a framework for wine-owned sales. In future studies, we would like to expand the framework to study the areas to be applied.

A Study of the Animation Production System on the Basis of the Media Window Strategy: Focusing on Examining the Direct to Video Superhero Animation (미디어 윈도우 전용 애니메이션 제작 활성화를 위한 연구: Direct to Video 슈퍼히어로 애니메이션 제작 시스템에 대한 고찰을 중심으로)

  • Kwon, Jae-Woong
    • Cartoon and Animation Studies
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    • s.49
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    • pp.53-85
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    • 2017
  • This study deals with the production system of the superhero animation that are based on DC comic books and are produced by Warner Brothers company, and tries to find out ways in order to vitalize the new window of the animation market. 28 superhero animations released from 2007 until 2017 are analyzed. Several critical points are drawn out and can be applied to the Korean animation industry. There are two categories, one is about the management of the production system, and the other is about the subcontract system. In managing the production system, there are three points: First, there are several people who play the role of either a producer or a director many times. Second, producers used to work as a group. Third, some people work not only as a producer but also as a director. In carrying out outsourcing contracts, there are six points: First, only Korean and Japanese companies participate as subcontract companies. Second, about two companies used to take part in the subcontract production in a year. Third, in case of number of people involved in production, there are more Japanese than Korean. Fourth, Japanese companies deal with some parts of the pre-production as well as the main production in . Fifth, a Japanese company has a sub-subcontract with a Korean company in one episode of . Sixth, Korean companies mostly focus on the production part of key animation. Important points that the Korean production system has to consider are also suggested under the two categories. In the production system management, there are two points. It is needed to make use of the group producer system, and it is critical to develop the story line of universe type such as DC Universe. In case of the outsourcing production system, it is essential to keep up educating 2D type of animation and, at the same time, to participate actively in the global outsourcing production. By considering these crucial points, it is expected to keep producing animation that can be used for the media window such as IPTV.