• 무역상무연구
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• 제51권
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• pp.187-210
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• 2011

International transactions have the threat of non-payment by the buyer or non-performance by the seller. Parties tend to search for additional means of securing performance and payment beyond the mere agreement in the contract. Such security may be achieved by means of a letter of credit. When contracting parties have agreed to pay by means of a letter of credit, the buyer's bank takes upon itself the obligation to pay the purchase price when the seller tenders the documents that are stipulated in the letter of credit. The documents must comply strictly with the terms of the credit.. The documents play a crucial role in letter of credit transaction. The principles of abstraction, separability and strict compliance governing the letter of credit transaction are considered. The concept of fundamental breach of Article 25 CISG was discussed. This article examines whether a failure to deliver documents conforming to the terms of the letter of credit can constitute a fundamental breach of the sales contract as defined by Article 25 of the CISG by the seller and thereby enable the buyer to avoid the contract. For letter of credit transactions it should be accepted that the delivery of non-performing documents constitutes a fundamental breach, if the result of this breach is that the bank refuses to pay the price for the goods. On the other hand, in the interpretation of Article 25 CISG, it should be noted that if the parties have agreed to payment by means of a letter of credit, they have simultaneously agreed to apply the strict compliance principle to the delivery of documents in the sales contract. Finally the parties should ensure that inconsistency between the requirements under the documentary credit and the requirements under the contract of sale is avoided, since the buyer may be in breach of his payment obligation if the seller cannot get paid under the documentary credit when his documents conform with the contract of sale.

• 무역상무연구
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• 제46권
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• pp.105-130
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• 2010

CISG provides the place of payment at the Article 57 which if the buyer is not bound to pay the price at any other particular place, he must pay it to the seller (a) at the seller's p lace of business or (b) if the payment is to be made against the handing over of the goods or of documents, at the place where the handing over takes place. When the parties have agreed that payment is to be made against the handing over of the goods or of documents, the place where this is to happen according to the contract or CISG is the place of payment. When the parties have not agreed to this, the place of payment is the seller's place of payment. The buyer does not send the money to seller's office, but pays it to the seller's bank account. Where payment is effected by a L/C, such operations shall be governed by UCP and collection of money governed by URC. The payment at the seller's place of payment affects the rate of interest, currency of money and jurisdiction which is interpreted by Brussel convention and Lugano convention. The principle on which the CISG is based, characterizes the obligation of payment as an obligation to be performed at the creditor's place of business. This principle affects the place of damage claims payable to be at the creditor's that place. Payment at the place of business is required, but not inside the place itself.

• 대한간호학회지
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• 제26권1호
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• pp.5-14
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• 1996

The purpose of this study is to find the Korean women's view to pregnancy within the Korean cultural context, to help nurses understand psychosocioemotional schema of the pregnant women, and to contribute to theory-building on the meaning of pregnancy. The interviewees were 21 women in their twenties or thirties and they were selected by theoretical sampling technique. Thirteen women of the interviewees were single and others married. Data were collected by in-depth interviews from September November in 1994. Interviews were tape-recorded and transcribed. Data were analyzed by Van Kaam's phenomenological method. Results were as follows. Eighty two descriptive expression were found and they were grouped under fourteen common factors. These are 「to maintain family」, 「instinct」, 「obligation」, 「what one should do」, 「to make home」, 「to tie couple firmly」, 「means to overcome a period of lassitude」, 「token of love」, 「hope」, 「to avoid loneliness」, 「wanted to have a baby」, 「to provide for old ages」, 「to be a mother」, 「to achieve her desire through baby」. Finally, fourteen common factors were grouped under four higher categories. Five common factors, 「to maintain family」, 「instinct」, 「obligation」, 「what one should do」, 「to make home」 were grouped under〈custom〉. Three factors, 「to tie couple firmly」, 「means to overcome a period of lassitude」, 「token of love」 were grouped under 〈love between couple〉. Four factors, 「hope」, 「to avoid loneliness」, 「wanted to have a baby」, 「to provide for old ages」 were grouped under 〈pursuiting safety〉. Two factors, 「to be a mother」, 「to achieve her desire through baby」 were grouped under 〈self-fulfillment〉. At present, the most distinguishing motivation of childbearing was rooted in the cultural custom. Korean women thought that it was their duties to have children and children were necessary in life. But they were beginning to recognize that baby could tie couple more firmly and get rid of their loneliness. Korean women no longer considered their children as the one who would take care of them when they were old or who would satisfy their unmet needs. As pregnancy is not women's duty only, authors recommend further studies on men's view to pregnancy.

• 디지털융복합연구
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• 제12권7호
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• pp.1-10
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• 2014

대한변호사협회는 2014년 2월 변호사윤리장전을 개정하면서 변호사의 개인정보 보호 의무에 관한 규정을 신설하였다. 최근 빈번한 개인정보 유출로 개인정보 보호의 중요성이 어느 때보다도 강하게 인식되고 있는 상황에서, 개인정보 보호의무의 신설은 기존의 변호사의 비밀유지 의무로 보호되지 못하는 의뢰인이외 제3자의 개인정보를 보호하고 비밀의 누설 이외 수집, 기록, 보유, 가공, 편집, 검색, 출력 등의 각종 처리에 관하여 규율할 수 있다는 점에서 적지 않은 의의를 발견할 수 있다. 특히 주민등록번호와 같은 고유 식별정보의 암호화는 변호사가 보관 중인 각종 민감정보 유출로 인한 피해를 방지하기 위한 필수적인 조치라고 볼 수 있고, 정보주체의 접근 보장은 자기 정보에 대한 자기 결정권 등 헌법적 가치가 반영된 것으로서 시대의 요청이라고 할 것이다. 이 글에서는 현재 변호사윤리장전이 개인정보 보호의무의 구체적인 내용을 밝히고 있지 않은 가운데, 변호사의 개인정보 보호의무의 일반적인 내용을 살펴보고, 향후 구체적으로 개인정보의 처리가 문제될 수 있는 몇 가지 경우를 살펴본다. 해당 논의가 변호사의 개인정보 보호에 관한 논의에 작으나마 기여하기를 바란다.

• 통상정보연구
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• 제11권1호
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• pp.291-308
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• 2009

The implied obligation under the contract of affreightment not to carry dangerous goods without prior notice to the carrier applies to the contractual relationship between the charterer and the owner under charterparties. The charterers will be in breach of an implied undertaking under the common law if they load dangerous cargoes without making notice of dangerous nature of them to the owner. It is indicated to be necessary to change the term "shipper" to "charterer", with relation to such implied obligation, where the Hague/Hague-Visby Rules are incorporated into the charter, however, it is not so apparent where an actual shipper is involved. So long as an actual shipper could be identified, the shipper rather than the charterer shall be responsible for damages arising from the dangerous nature of the cargo itself. In this case, the actual shipper is interpreted to have an implied contractual relationship with the carrier just by the act of delivering the cargo to the carrier for loading. If the vessel were damaged by shipment of the dangerous cargo under charterparty, the carrier can claim against such damages based on the contractual obligations under charterparties: "implied and expressed duty not to ship dangerous cargo without notice to the carrier"; "Art.IV.6 of the Hague/Hague-Visby Rules"; "Indemnity Clause" and "Redelivery Clause". The carrier has the conventional right under the Hague/Hague-Visby Rules to land, destroy or render the goods innocuous where the dangerous cargo threatens the means of transport or other interests on board. When the carrier has not consented to make the shipment, the carrier's disposal right could be exercised without limitation. However, where the carrier has consented to make the shipment of the dangerous goods with the knowledge concerned, the right of disposal of such goods should be exercised with limitation.

• 의료법학
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• 제14권1호
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• pp.303-354
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• 2013

In 2012, the major jurisdictions regarding medical cases caused the controversial issues towards medical and legal fields by getting the judgments from the Supreme Court, which admitted the exceptional admissibility on discretionary grant. By regarding the serial negligence of medical organizations as a separate tort, the sentences which made up irrationality, were spoken by the court. As a result, if the treatment was made, which did not follow the entered matters in medical documents attached, the court announced the jurisdiction that presumes the negligence, which provided the evidence of negligence; on the other hand, this gave had the burden to medical branch to take great care for medicinal treatment. To be applicable for the Principle of Trust, the doctors have to give and take the necessary information for the treatment process and symptom decisions, which also commented in the court. Thus, this case made it difficult to apply the Principle of Trust and considered all the conditions as tough ones, which eventually induced lesser faults for patients' care. Moreover, the court confirmed that the medical ads sending the emails to the members belong to the internet portal sites, are not the inducing behavior by considering that the actions are only medical ads. Furthermore, in the case of Namsu Kim, the court's interpretation was rather limited the definition for medical practice that announced limited Erweiterung der Strafbarkeit cases by lower courts. As a consequence, it is very interesting whether the Supreme Court may change their position and concerning the duty of explanation, the trend to expand the contents and scopes for the duty of explanation continues by admitting instruction explanation obligation and all the compensations and so on.

• 항공우주정책ㆍ법학회지
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• 제19권1호
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• pp.57-77
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• 2004

1967년 우주조약에서 규정된 우주활동에 대한 국가의 감독 의무가 구체적으로 어떠한 방식으로 이행되는가에 대해서는 각국의 입법 사례에 따라 다르며, 아울러 그 의무의 강제력에 대한 논의도 지속되어 왔다. 다수의 국적 위성을 발사하고, 발사장을 곧 건설, 운용할 대한민국 정부는 그러한 감독 의무를 이제는 이행하기 위한 구체적인 조치를 취할 단계에 이른 것으로 판단되며, 이에 입법 방향을 검토해 보고자 한다. 1967년 우주조약은 우주활동 주체들이 국제법을 포함한 1967년 우주조약을 준수하고, 그에 따른 국제책임을 국가가 부담할 것을 규정하고 있다. 이에 전 국가를 위한 우주 이용의 원칙, 우주공간의 비영유원칙, 및 우주활동에 대한 국가 감독 및 책임 원칙 등이 준수하여야 할 국제협약상의 의무로 요약되며, 그 이행을 위한 입법 조치가 필요하다고 판단된다. 국내 입법 체계상, 기존의 타 법령과의 조화를 꾀하면서, 우주 발사체의 발사 허가제도 등을 내용으로 하는 입법 조치가 필요하다고 판단된다.

• 무역상무연구
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• 제12권
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• pp.133-162
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• 1999

The international sale transaction is in essence a sale of goods and presents all those commercial and legal problems in any sale of goods. As a result, A International sales contract imposes several duties on the parties : the seller must deliver the goods and transfer ownership in them, while the buyer must pay the price and take delivery of the goods. However, there are several problems which impede a active transaction between seller and buyer who have their places of business in other countries each other. Therefore, It is necessary to provide the concept on the conformity of goods in the Int'l Sale of Goods. Especially, In our consideration for the point of time when defects occurs, the existence of non-conformity of goods should be judged on the basis of time of delivery rather than time of contract. Moreover, The burden of proof about nonconformity of goods is another fact which make an international dispute between the contractual parties in an international trade. Thus, The consistency in the interpretation of law must be maintained betweened the warranty and seller's liability. In the Uniform Commercial Code and UN Convention, non-conformity of contract is made of contract liability. And in our civil and commercial law provisions of warranty should be understand as the special ones of the provisions of general non-performance of obligation liability. As a result, More concrete study of them is required because they may have a great influence especially on international trade. As a result, We should be our best in finding a helpful and systematic structure that the dualistic structure of nonperformance of obligation liability and warranty liability must be unified by studying the theories of English and American warranty and our legal system, as well as international practice and usage being used in an international trade.

• 한국통신학회논문지
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• 제31권1B호
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• pp.46-55
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• 2006

통신시장이 경쟁체제로 전환되면서 각국 통신법에서는 보편적서비스 제도를 도입하여 모든 국민들이 기본적인 통신서비스를 저렴하게 제공받을 수 있도록 규정하고 있다. 국내에서도 2000년 이래 보편적서비스가 실행되고 있고, 계속적인 제도적 변화가 이루어지고 있다. 본 고에서는 2004년 보편적서비스 비용산정에 있어 LRIC 방법 도입을 앞두고, 현행 국내 보편적서비스 제도의 주요 논의 대상인 손실보전 상한규정 폐지 유무와 무형편익 적용 방안에 대한 검토를 주요국 보편적서비스 제도 현황과 비교 분석함으로써 시사점을 제시하고자 한다. 향후 본 고에서 제시한 분석은 손실보전 상한규정 폐지유무와 무형편익 계량화 등 국내 보편적서비스 제도 손실금 산정방식 변화에 있어서의 대응방안을 사전에 마련하는데 유용하게 활용할 수 있을 것으로 기대된다.

• 무역상무연구
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• 제63권
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• pp.111-132
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• 2014

This paper analyzed the obligations of the parties entering into an international leasing agreements, focusing on the Draft Common Frame of Reference (DCFR) Book IV, Part B. The lessor's obligations are as follows. i) The lessor must deliver goods to the lessee by the due date of delivery so that the lessee can use the goods on the starting date of the lease agreement. ii) The lessor must conform with the contract so that the goods meet the purpose of the contract at the start of the lease agreement and throughout the period of the lease agreement. iii) If the lessee returns the goods upon the termination of the lease agreement, the lessor must cooperate with the lessee. The lessee's obligations are as follows. i) The lessee must pay rent, which is the most critical obligation of the lessee. ii) The lessee must cooperate with the lessor so that the lessor can perform the obligation to deliver the goods and accept the goods of which the lessee shall take control. iii) The lessee shall perform fiduciary duties while it uses and makes profits from the goods, and when the lessor cannot take any measure to protect the object, the lessee must prevent damage. Further, if the lessor pays expenses that are not considered necessary expenses, the lessor may not be reimbursed and must accept the goods after delivery to preserve them. iv) The lessee must give notice to the lessor if there is a possibility that a third party can claim rights to goods or infringe upon the lessor's ownership while using the goods. v) At the end of the lease period, the lessee must return the goods to the lessor.