• 무역상무연구
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• 제42권
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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.

• 한국경영과학회:학술대회논문집
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• 대한산업공학회/한국경영과학회 2004년도 춘계공동학술대회 논문집
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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.

• 무역상무연구
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• 제69권
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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.

• 건축역사연구
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• 제16권2호
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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.

• 기록학연구
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• 제51호
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• pp.235-278
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• 2017

필자가 보기에 조선시대 기록관리는 무엇보다도 국가이념으로 채택된 성리학의 세계관을 실현시키는 수단으로 발전되었다. 그것은 국가구성원들을 성리학적 세계관의 담지자로 구성시키는 방법과 과정이었다. 즉, 필자는 당시의 기록관리가 후대를 위한 생산과 보존의 목적보다도 우선적으로 성리학적 세계관의 사회를 작동하게 하는 핵심 기제(mechanism)로 작용하였다는 측면에서 본 논문의 논의를 시작하였다. 본 논문에서 필자는 업워드 (Frank Upward)가 그의 컨티뉴엄 이론에서 제시한 '개념적 구성물(conceptual constructs)'로서의 기록이라는 관점을 가지고 조선시대의 기록과 기록관리의 특징에 대해 설명하였다. 조선시대의 성리학 세계관과 그에 기초한 상징 기호 체계를 당시 기록의 개념적 구성을 위한 맥락으로서 파악했다. 이러한 연구를 위해 본 연구에서는 각 시대의 가치체계를 나타내주는 푸코의 에피스테메(epist?m?) 개념과 지식의 고고학 방법론을 차용했다. 이를 통해 조선시대의 성리학 세계관의 맥락 속에서 개념적으로 구성되는 기록들이 정치 사회적으로 커다란 역할을 수행하는 것을 확인했다. 예를 들어, 개념적 구성을 통해 자연 재해 기록물이 왕의 부덕을 나타내주는 증거가 되고 이는 왕권 견제의 중요한 제도적 수단의 역할을 할 수 있었다. 사관의 기록 행위도 단순한 기록 행위가 아니라 개념적 구성을 통해 성리학 질서를 지키기 위한 행위로 인지되기에 지엄한 왕의 권력도 자신을 통제하는 사관의 행위를 막을 수 없었다. 사고(史庫)의 기록은 개념적 구성을 통해 '후손의 평가를 생각하면서 오늘의 삶을 성리학 세계관에 맞추어 수양하면서 잘 살라는 메시지'를 담았다. 그리하여 이 사고의 기록은 당대의 성리학 질서를 지키는데 중요한 역할을 수행했다.