• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.275-305
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• 2009

Marine insurance contracts, which intended to provide indemnity against marine risks upon the payment of price, known as a premium, originated in Northern Italy in the late 12th and early 13th centuries. The law and practice were later introduced into England through the Continent. It is, therefore, quite exact that English and European marine insurance law have common roots. Nevertheless, significant divergences between English and European insurance systems occurred since the late 17th century, mainly due to different approaches adopted by English courts. The rule of warranty in English marine insurance was developed and clarified in the second part of the 18th century by Lord Mansfield, who laid the foundations of the modern English law of marine insurance, and developed different approaches, especially in the field of warranty in marine insurance law. Since the age of Lord Mansfield, English marine insurance law has a unique rule on warranty. This article is, therefore, designed to analyse the overall rule of the rule of warranty in English marine insurance law. The result of analysis are as following. First, warranties are incorporated to serve a very significant function in the law of insurance, that is, confining or determining the scope of the cover agreed by the insurer. From the insurer's point of view, such the function of warranties is crucial, because his liability, agreed on the contract of insurance, largely depend on in, and the warranties, incorporated in the contract play an essential role in assessing the risk. If the warranty is breached, the risk initially agreed is altered and that serves the reason why the insurer is allowed to discharge automatically further liability from the date of breach. Secondly, the term 'warranty' is used to describe a term of the contract in general and insurance contract law, but the breach of which affords different remedies between general contract law and insurance contract law. Thirdly, a express warranty may be in any form of words from which the intention to warrant is to be inferred. An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy. It does not matter how this is done. Fourthly, a warranty is a condition precedent to the insurer's liability on the contract, and, therefore, once broken, the insurer automatically ceases to be liable. If the breach pre-dates the attachment of risk, the insurer will never put on risk, whereas if the breach occurs after inception of risk, the insurer remains liable for any losses within the scope of the policy, but has no liability for any subsequent losses. Finally, the requirements on the warranty must be determined in according to the rule of strict construction. As results, it is irrelevant: the reason that a certain warranty is introduced into the contract, whether the warranty is material to the insurer's decision to accept the contract, whether or not the warranty is irrelevant to the risk or a loss, the extent of compliance, that is, whether the requirements on the warranty is complied exactly or substantially, the unreasonableness or hardship of the rule of strict construction, and whether a breach of warranty has been remedied, and the warranty complied with, before loss.

• Proceedings of the Korean Operations and Management Science Society Conference
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• 2004.05a
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• pp.9-12
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• 2004

Developing an efficient knowledge base construction mechanism as an input method for expert systems (ES) development is of extreme importance due to the fact that an input process takes a lot of time and cost in constructing an ES. Most ES require experts to explicit their tacit knowledge into a form of explicit knowledge base with a full sentence. In addition, the explicit knowledge bases were composed of strict grammar and keywords. To overcome these limitations, this paper proposes a knowledge conceptualization and construction mechanism for automated knowledge acquisition, allowing an efficient decision. To this purpose, we extended traditional knowledge map (KM) construction process to dynamic knowledge map (DKM) and combined this algorithm with relational database (RDB). In the experiment section, we used medical data to show the efficiency of our proposed mechanism. Each rule in the DKM was characterized by the name of disease, clinical attributes and their treatments. Experimental results with various disease show that the proposed system is superior in terms of understanding and convenience of use.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.261-301
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• 2016

Recently the abusive calls on on-demand bonds have been a critical issue among many engineering and construction companies in Korea. On-demand bond is referred to as an independent guarantee in the sense that the guarantee is independent from its underlying contract although it was issued based on such underlying contract. For this reason, the issuing bank is not required to and/or entitled to look into whether there really is a breach of underlying contract in relation to the call on demand-bonds. Due to this kind of principle of independence, the applicant has to run the risk of the on demand bond being called by the beneficiary without due grounds. Only where the call proves to be fraudulent or abusive in a very clear way, the issuing bank would not be obligated to pay the bond proceeds for the call on on-demand bonds. In order to prevent the issuing bank from paying the proceeds under the on-demand bond, the applicant usually files with its competent court an application for injunction prohibiting the beneficiary from calling against the issuing bank. However, it is in practice difficult for the applicant to prove the beneficiary's call on the bond to be fraudulent since the courts in almost all the jurisdictions of advanced countries require very strict and objective evidences such as the documents which were signed by the owner (beneficiary) or any other third party like the engineer. There is another way of preventing the beneficiary from calling on the bond, which is often utilized especially in the United Kingdom or Western European countries such as Germany. Based upon the underlying contract, the contractor which is at the same time the applicant of on-demand bond requests the court to order the owner (the beneficiary) not to call on the bond. In this case, there apparently seems to be no reason why the court should apply the strict fraud rule to determine whether to grant an injunction in that the underlying legal relationship was created based on a construction contract rather than a bond. However, in most jurisdictions except for United Kingdom and Singapore, the court also applies the strict fraud rule on the ground that the parties promised to make the on-demand bond issued under the construction contract. This kind of injunction is highly unlikely to be utilized on the international level because it is very difficult in normal situations to establish the international jurisdiction towards the beneficiary which will be usually located outside the jurisdiction of the relevant court. This kind of injunction ordering the owner not to call on the bond can be rendered by the arbitrator as well even though the arbitrator has no coercive power for the owner to follow it. Normally there would be no arbitral tribunal existing at the time of the bond being called. In this case, the emergency arbitrator which most of the international arbitration rules such as ICC, LCIA and SIAC, etc. adopt can be utilized. Finally, the contractor can block the issuing bank from paying the bond proceeds by way of a provisional attachment in case where it also has rights to claim some unpaid interim payments or damages. This is the preservative measure under civil law system, which the lawyers from common law system are not familiar with. As explained in this article, it is very difficult to block the issuing bank from paying in response to the bond call by the beneficiary even if the call has no valid ground under the underlying construction contract. Therefore, it is necessary for the applicants who are normally engineering and construction companies to be prudent to make on-demand bonds issued. They need to take into account the creditability of the project owner as well as trustworthiness of the judiciary system of the country where the owner is domiciled.

• Journal of architectural history
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• v.16 no.2
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• pp.79-98
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• 2007

The building site was presumed as the Howonjeokwon or the Dasiwonji established at the traffic route among western inland areas in old Pyeonghaegun. The groundwork was composed inclination terrace of two steps. The upper step was the territory of the main house of ceremony symbolic+lodging function and the down step was divided in the territory of both Ikrang-chae of boarding and lodging management function and the territory of Haengrang-chae pavilion of rest reception management. The building composition by each territory formed space differentiation with the line of flow according to the thorough rule of court rank. The arrangement composition set the strong center axis in tandem, and it was the building arrangement interpreting the territory and the rule of court rank by function as the relationship of master and servant and was the building type emphasizing on the whole unity with the geometric symmetry structure. The Dasiwonji and the Hyeeumwonji had the common point which is the traffic architecture of semi governmental management reinforcing the boarding lodging function in the place which a visitor stayed. The Haeeumwonji and Dasiwonji had the difference in the size, but was the same in the composition system of construction. The external space and the system of the line of flow decided from the functional territory separation and the hierarchical rank as thorough as the geometric arrangement focusing on the whole unity. Namely, it was the strict and unusual system of the line of flow depended on the thorough rule of court rank than the efficient approach or arrangement of the line of flow. After being established to be the Howonjeokwon at the end of Koryeo, it disappeared at the time of the invasion of Japanese pirates when it was the time of the King Woo in Koryeo. It is presumed that it was continued until both wars, Imjin Byeongja, ago after changing its name to the Dasiwon, being restored to the small size at the end of Koryeo at the early of Choseon.

• The Korean Journal of Archival Studies
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• no.51
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• pp.235-278
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• 2017

Then, why was the system so thorough and strict? How could that be possible? I approached this question by explaining the task of the Joseon Dynasty for the construction of a Confucian community based on Sunglihak. Sunglihak meant the metaphysics of human nature and universe order, or the rule of heaven. The people who opened the Joseon Dynasty aimed at constructing a Confucian community based on propriety as the principle of the society. The records and archives played an administrative function, for example, controlling royal power, as well as the role of constructing a national community identity based on Sunglihak. This kind of records and records management practices of the Joseon Dynasty can be seen as conceptual construction and conceptual constructs, although they were physical entities in reality. They reflected the Sunglihak value system as, in the words of Michel Focault, an "episteme" and played a social role based on it. In particular, I explained it in light of the constructivism of Sunglihak and the semiosis concept of Charles Sanders Peirce.