• 무역상무연구
• /
• 제58권
• /
• pp.3-33
• /
• 2013

The purpose of this paper is to examine the problems in exercising buyer's right to claim damages for the breach of contract by the seller in international sales contract and to suggest reasonable counter-measures. The main contents are as follows: First, this author analyzed the principles of the seller's liability for damages in detail and examined the methods for the calculation of damages on the basis of Arts.74~77. As these articles are found to be insufficient in practical application, this author further examined the UNIDROIT Principles(2004) to confirm whether these Principles can fill the gaps of CISG or not, which turned out their gap-filling functions. Second, this author tried to find any expected problems when the buyer resorts to the right to claim damages in case of the seller's breach of contract including the estimation of damages, the burden of proof, causation, the proof of appropriateness for avoidance, the proof of buyer's obligation to mitigate the loss and so on. The reason is that these problems may cause a lot of difficulties in real business. As result, many buyers have given up their reasonable rights to claim damages so far. Finally, from the buyer's perspective, this author would like to suggest a liquidated damage clause(LD Clause) which gives the buyer to received a specified sum in case of seller's non-performance and/or a demand guarantee(or standby L/C) which guarantees buyer to secure unconditional payment independent of the underlying contract. For these purposes, the buyer should try to insert the LD Clause and/or Guarantee Clause in the contract when the buyer and the seller negotiate the sales contract. Also there are a lot of considerations and limitations in using the LD Clause and the Guarantee Clause in their real business, mainly dependent up bargain power between the seller and the buyer, for which this author promise to examine in detail in the future.

• 한국산학기술학회논문지
• /
• 제9권4호
• /
• pp.958-963
• /
• 2008

한국어는 용언이 의미적 제약을 통해 문장을 지배하며 대부분의 한국어 문장은 주절과 내포문을 가지는 복문으로 구성되어 있다. 따라서 한국어에 맞는 구문 문법이나 구문 제약을 기술하는 것은 매우 어렵고 한국어를 파싱 하면 다양한 구문 모호성이 발생한다. 본 논문에서는 구문 제약으로 문형(sentence patterns)을 사용하는 CFG기반의 문법을 기술하여 구문 모호성을 해결하는 방법을 제안한다. 이를 위해 내포문을 포함하는 복문도 문형으로 분류하였으며 44개의 문형을 사용한다. 그러나 한국어 특성상 문형 정보만으로는 모든 구문 모호성을 해결할 수가 없기 때문에 문형에 의미 제약(semantic constraint)을 가한 의미 지표(semantic marker)를 사용하여 파싱을 수행한다. 의미 지표는 보조사의 처리나 공동격 조사에 의해 발생되는 구문 모호성을 해결하는데 이용될 수 있다.

• 문화기술의 융합
• /
• 제7권3호
• /
• pp.353-358
• /
• 2021

본 연구는 주어-동사 일치에 대한 3가지 유형의 통사적 분석을 제공한다. 주어-동사의 수일치는 주어와 서술어간의 연쇄를 체계적으로 설명하기 때문에 이는 핵-핵 일치 또는 계층적 구조에 작용하는 상방향과 하방향 자질침투라는 순수한 통사적 분석으로 제안되어야 한다. 주어-동사 일치의 오류는 선형적 근접성이나 최소간섭이 아닌 일치의 목표와 국소적 유인자인 명사 사이의 계층적 관계에 의해 영향을 받는다. 본 연구의 자료로 수식어로서의 전치사구 PP 또는 관계절 CP를 포함하는 복합 명사구를 분석하며 이때 복수자질 [+PL]이 강 자질로서 일치오류의 국소 유인자이다. 따라서 일치오류는 화자들이 수식어 전치사구의 복수 명사구 때문에 주절의 단수 주어를 복수로 잘못 분석하거나 복수 주어의 영향으로 수식어 관계절안의 단수 주어가 복수로 잘못 분석되어 관계절 안의 동사가 복수형으로 잘못된 일치 오류가 일어나는 경향이 있다. 즉, 주어-동사 일치는 구조가 형성되는 과정에 내재적으로 불일치하는 일은 없고 특정한 구성소 표현이 국소 유인자로 오인되어 단지 언어분석처리 중에 조작되어 나타난다.

• 한국언어정보학회지:언어와정보
• /
• 제12권1호
• /
• pp.85-103
• /
• 2008

Like English, Korean employs several complicated types of cleft constructions. This paper deals with two main types of Korean cleft constructions: predicational and identificational. It first reviews the formal properties of these two types and then provides a constraint-based analysis that can be computationally implemented. In particular, the paper assumes two types of noun KES (one as a common noun and the other as a bound noun) and treats the argument-gapped cleft clause similar to relative clauses while treating the adjunct-gapped cleft clause as a noun-complement construction. The paper further shows that the cleft constructions are closely linked to the copula constructions, sharing many common properties while having their own constructional constraints.

• 무역상무연구
• /
• 제26권
• /
• pp.35-86
• /
• 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.

• 비교문화연구
• /
• 제27권
• /
• pp.387-414
• /
• 2012

This paper is intended to describe the idiosyncratic aspects of the 'let alone' construction in English, clarifying the productivity property of this construction and to show that this construction displays the properties of prepositional phrase that denote the meaning of 'the comparison of degree', against the claim that this construction should be regarded as a coordinating conjunction. In the process of doing that, this paper classifies this 'let alone' construction into two types of construction, by investigating the external and internal syntactic distributions of 'let alone' constructions as well as the relationship between 'let alone' phrases and the main clause.

• 한국언어정보학회지:언어와정보
• /
• 제18권2호
• /
• pp.59-79
• /
• 2014

This paper aims at exploring the processing mechanism of filler-gap dependency resolution and feature checking in Korean wh-constructions. Based on their findings on Japanese sentence processing, Aoshima et al. (2004) have argued that the parser posits a gap in the embedded clause in head-final languages, unlike in head-initial languages, where the parser posits a gap in the matrix clause. In order to verify their findings in the Korean context, and to further explore the mechanisms involved in processing Korean wh-constructions, the present study replicated the study done by Aoshima et al., with some modifications of problematic areas in their original design. Sixty-four Korean native speakers were presented Korean sentences containing a wh-phrase in four conditions, with word order and complementizer type as the two main factors. The participants read sentences segment-by-segment, and the reading times at each segment were measured. The reading time analysis showed that there was no such slowdown at the embedded verb in the scrambled conditions as observed in Aoshima et al. Instead, there was a clear indication of the wh-feature checking process in terms of a major slowdown at the relevant region.

• 무역상무연구
• /
• 제37권
• /
• pp.217-250
• /
• 2008

The International Ship and Port Facility Security (ISPS) Code which was developed as the main response of the shipping sector to the miserable event of 11 September 2001 came into effect on 1 July 2004. The ISPS Code designed to detect and eliminate security threats affecting ships and port facilities used in international trade will significantly impact not only on the management and operation of the shipping industry but also on maritime law despite the fact that it is the regulatory framework of public law. It is expected that implementing the ISPS Code will contribute to reinforcement of maritime security on the one hand. However, on the other hand, more intensified security inspection and control measures of port states will also cause delay and additional costs which cause uncertainty in allocating security risk and cost between the contracting parties. Therefore, it is desire to insert new security clause dealing with main security issues or adapt existing clauses to new shipping environments to minimize disputes.

• 한국언어정보학회지:언어와정보
• /
• 제18권1호
• /
• pp.33-52
• /
• 2014

This paper proposes a unified structural account of some instances of the English Modals and Semi-auxiliaries. The classification and the syntactic/structural description of the English Modal auxiliary verbs and verb-related elements have long been the center for many proposals in the history of generative syntax. According to van Gelderen (1993) and Lightfoot (2002), it was sometime around 1380 that the Tense-node (T) appeared in the phrasal structures of the English language, and the T-node is under which the English Modal auxiliaries occupy. Closely related is the existing evidence that English Modals were used as main verbs up to the early sixteenth century (Lightfoot 1991, Han 2000). This paper argues for a bi-clausal approach to English Modal auxiliaries with the infinitival particle 'to' such as 'ought to' 'used to' and 'dare (to)' 'need (to)', etc. and Semi-auxiliaries including 'be to' and 'have to'. More specifically, 'ought' in 'ought to' constructions, for instance, undergoes V-to-T movement within the matrix clause, just like 'HAVEAux' and all instances of 'BE', whereas 'to' occupies the T position of the embedded complement clause. By proposing the bi-clausal account, Radford's (2004, 2009) problems can be solved. Further, the historical motivation for the account takes a stance along with Norde (2009) and Brinton & Traugott (2005) in that Radford's (2004, 2009) syncretization of the two positions of the infinitival particle 'to' is no different from the 'boundary loss' in the process of Grammariticalization. This line of argument supports Krug's (2011), and in turn Bolinger's(1980) generalization on Auxiliaryhood, while providing a novel insight into Head movement of V-to-T in Present Day English.

• 무역상무연구
• /
• 제70권
• /
• pp.39-65
• /
• 2016

On 2013 the English court delivered a decision that the payment obligation under time charter party is a condition. According to this judgement, The Astra, a breach of the obligation to pay hire on time entitles the owner both to withdraw the ship and sue the charterers for damages for the difference between the contract and market rate for the remainder of the contracted period. On 2015, however, the English court stood at the other side. In Spar Shipping, the court confirmed that the obligation to pay hire is not a condition of the contract but an "innominate term" - from the charterers' breach ship owners can exercise their contractual right to withdraw, but owners' right to sue for damages depends on whether the charterers have deprived the owners of the substantial benefit of the contract, or shown an intention to do so. This article aims to compare both decisions over the points that (1) the importance of on-time payment under a time charter party, (2) as a critical and main question in this article, whether the mattered payment clause is a condition or innominate term, (3) whether the on-time payment clause is merely a penalty or a reasonable liquidated damage. Based on various reasons, I am on a position that the payment of hire is not a condition but an innominate term. Default in punctual payment by a charterer, in the absent of clear contractual agreement, needs to be decided further whether that breach removes the substantial benefit of the contract from the owners.