• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2008.11a
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• pp.833-836
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• 2008

The construction industry has maintained a strong level of development in China in recent years. And with the steady development of the national economy, the construction industry will continue its momentum of growth in the coming years, which indicates a great tendering market in China. To gain a comprehensive understanding of Chinese tender market, a research based on construction laws and tendering laws was carried out. This research focused on differences of the tender environment between China and Korea, such as construction company certificate, bidding procedure and so on.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.251-293
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• 2002

The study is a comparative and analytical study which comprises of the analysis of the rules of the buyer's right to withhold performance where the seller delivers defective goods or documents of three legal systems; the CISG, English law and Korean law. The purposes underlying this study are twofold. The first is to clarify the current position as to the right of withholding performance in the event of the seller's tender of defective goods or documents in Korean law, CISG and English law so that it may assist the parties in drafting the buyer's right to withhold performance in their own contract. The second is to compare the rules of one jurisdiction with those of other jurisdictions and to evaluate the rules in light of the practical functions and benefits of the right to withhold performance and the discipline of comparative law the basic question of which is whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. It shows that each jurisdiction does not have any provision or case law specifically dealing with the buyer's right to withhold performance where the seller delivers the goods which are defective in terms of quality or quantity. The absence of such provision or case in each jurisdiction has resulted in either disputes or uncertainty. However, the study executed in light of the primary functions and benefits of the right in practice and the discipline of comparative law reveals that, first, the view in English law which is against recognizing the right may not be justified when one considers the practical importance of having the right and the position taken by the CISG as a well developed and modernized law, second, the view in Korean law which argues that the principle of specific goods dogma on which it is based is extended even to substitutable or repairable goods cannot be also justified on the ground of one's ordinary expectation and the position under the CISG and English law which imposes a contractual duty to deliver non-defective goods on the seller insofar as the buyer's payment is deemed to be made in exchange for the seller's delivery of non-defective goods and they are substitutable or repairable. Regarding the right to withhold performance in the event of the seller's tender of defective documents, the study shows that the relatively detailed rules in English law may be utilized as a guideline to fill the gap in the CISG and Korean law in terms of the practicability and appropriateness to govern documentary sales. Furthermore, it is found that the position in English law which confers on the buyer the right to withhold performance for a trivial defect in documents may be unreasonable in terms of one's need to enable justice to be done in individual cases.

• International Commerce and Information Review
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• v.5 no.2
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• pp.19-45
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• 2003

The main issues addressed in this paper are as follows : First, this paper makes a distinction among types of e-money, IC card type versus Network type, open-loop type versus closed-loop type, online type versus offline type and accountable type versus unaccountable type, and analysis the clear and accurate criterion. Second, generally speaking, e-money is a claim on originator of e-money and not legal tender, so, delivery of e-money by itself does not relieve of monetary obligation. Between it is not easy to define e-money, by now there are many definitions of e-money, there is a legal uncertainty accordingly and then it is not easy to find proper law applicable to resolve a particular issue. As a result. many problems relating to e-money would be solved through analogical application of the moot proper law among the laws that apply to the cash, check, credit card, or fund transfer after analyzing type of e-money at issue. This paper studies the methods on diffusion of the utilization of electronic money. To diffuse the usage of electronic money, it need; prerequisitely as a basic conditions independence of electronic money, non-reusability, and anonymity. And also as a additional conditions it need; usability in the offline commerce, transferability, divisibility. And now electronic money is used very actively, but still has many Jaw problems such as protections of consumer, law enforcement, supervisory, etc. So electronic money has called as money, but it is sure that electronic money is not a legal tender. So to facilitate the economic function of the electronic monel it is need to supplement the electronic money in the legal sides.

• 한국디지털정책학회:학술대회논문집
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• 2005.11a
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• pp.231-242
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• 2005

The purpose of this study is to generate a proper regulation improvement direction of the public IT project contract law through the current four contract methods and three methods of the awarding party of a contract method. The research method for this paper is derived from the written materials of the present public IT project contract law. Two problems have been processed in order to produce the results: the current contract methods and the awarding party of a contract method. The current contract methods consist of a competition contract, a private contract, and a supply methodology contract. The methods of the awarding party of a contract display a qualified evaluation regulation, the 2nd step competition bid, a standard cost separation tender, and a contract by a negotiation. The results exhibit that the general competition contract consists of four improvement items. The contract by a negotiation contains five improvement items. The group private contract has one improvement item. And the private contract includes one improvement item. These results implicate that the current public IT project contract law demands better improvement work for the ubiquitous Korea.

• Journal of Digital Convergence
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• v.4 no.2
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• pp.97-108
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• 2006

The purpose of this study is to generate a proper regulation improvement direction of the public If project contract law through the current four contract methods and three methods of the awarding party of a contract method. The research method for this paper is derived from the written materials of the present public IT project contract law. Two problems have been processed in order to produce the results: the current contract methods and the awarding party of a contract method. The current contract methods consist of a competition contract, a private contract, and a supply methodology contract, The methods of the awarding party of a contract display a qualified evaluation regulation, the 2nd step competition bid, a standard cost separation tender, and a contract by a negotiation. The results exhibit that the general competition contract consists of four improvement items. The contract by a negotiation contains five improvement items. The group private contract has one improvement item. And the private contract includes one improvement item. These results implicate that the current public IT project contract law demands better improvement work for the ubiquitous Korea.

• 한국디지털정책학회:학술대회논문집
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• 2006.06a
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• pp.319-353
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• 2006

The purpose of this study is to generate a proper regulation improvement direction of the public IT project contract law through the current four contract methods and three methods of the awarding party of a contract method. The research method for this paper is derived from the written materials of the present public IT project contract law. Two problems have been processed in order to produce the results: the current contract methods and the awarding party of a contract method. The current contract methods consist of a competition contract, a private contract, and a supply methodology contract. The methods of the awarding party of a contract display a qualified evaluation regulation, the 2nd step competition bid, a standard cost separation tender, and a contract by a negotiation. The results exhibit that the general competition contract consists of four improvement items. The contract by a negotiation contains five improvement items. The group private contract has one improvement item. And the private contract includes one improvement item. These results implicate that the current public IT project contract law demands better improvement work for the ubiquitous Korea.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.461-494
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• 1999

This study is to analyse the applicability of governing law in multi-party contractual relationship of letter of credit. And this study is also to suggest the limits of the possibility of applicable law in multi-party contract. The contract of letter of credit constitutes complex relationship, i.e., applicant -beneficiary, applicant-issuing bank, issuing bank-intermediary bank ect. The law applicable to letter of credit should not use a singular governing law in all credit transaction as sales contract. To solve these problems, the author analysed the law applicable to the credit under multi-party contractual relationship as follow : (1) the principle of party autonomy (2) In the absence of express agreement with regard to the law applicable to the contract, lex loci contractus, lex loci solutionis, the law intended by the parties, the law with which contract is most closely connected. Accordingly, when attempting to ascertain the law governing the credit, it should be borne in mind that the credit involves several contractual relationships. I would like to conclude as follows: 1. The contract between the applicant and the Issuing bank is to be governed by the law of the country where the contract is made, and in which the bank carries on business and has issued the credit. 2. When it comes to the beneficiary-Intermediary bank relationship the following rule is given : The liability of an intermediary bank to the seller is governed by the law the country where the intermediary bank is operating if it is acting as principal. If, however, it is acting as agent(advising bank), it will be the law of the country where his principal is situate. 3. The contract between the beneficiary and the Issuing bank is governed by the law of the country where the payment is to be performed. 4. The contract between the Issuing bank and Intermediary bank is governed by 1) the law of the issuing bank is applicable if the intermediary bank only advises the credit, 2) the law of the issuing bank is applicable but if the intermediary bank makes payment, accepts or negotiates drafts against the tender of the documents, i.e., act as the bank dffecting the payment., 3) the law of the confirming bank is applicable if the irrevocable letter of credit is confirmed by the intermediary bank

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.26
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• pp.203-223
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• 2005

Many international transactions involve the use of security devices, commonly referred to as "guarantees", "bonds", or "standby credits", designed to protect one of the parties from a breach by its counter-party. These security mechanisms may be provided by banks, insurance companies, specialized surety companies, or other financial service firms. Although some legal systems distinguish between "guarantees", "bonds", and "indemnities", these terms are often used as synonyms in the everyday language of international traders. It may therefore be necessary to examine the particular characteristics and nature of the guarantee obligation in order to properly classify the guarantee. Two main categories of guarantee are demand and suretyship. Under a demand guarantee, the guarantor must pay on first demand by the beneficiary. The beneficiary only has to demand payment under the guarantee - there is no need to prove that the principal has actually defaulted on a contractual obligation. Under a suretyship or conditional guarantee, the obligation of the guarantor is triggered by the actual default or contractual breach of the principal, as evidenced in a document such as a court judgement or arbitral award against the principal. Guarantees have been widely used in the international business transactions. Main uses of guarantees are as follows : Performance Bonds/Guarantees, Bid(or Tender) Bonds/Guarantees, Advance Payment or Repayment Bonds/Guarantees, Retention Bonds/Guarantees, Maintenance(or Warranty) Bonds/Guarantees etc.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.70
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• pp.1-20
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• 2016

This study is to find the accurate interpretations for the UCP600 by integrating, ISBP745, Official Opinions of ICC Banking Commission and some Case Laws suggesting the reasonable implication for the upcoming UCP. Major results analyzed by this study are as follows. First, The preclusion rule, UCP600 Article 16(c), is closely connected with the doctrine of documentary cure, so the banks requirement of Single Notice must state all the discrepancies of the documents presented. Exceptionally if the cured documents by the presenter are happened to be inconsistent the initial notice the bank can require the presenter to re-tender within the expiry date or the last day for presentation. Secondly, The Issuing Bank can utilize the right of seeking a waiver of documentary discrepancies from the applicant with the time limit of 5 banking days. If the bank wants to require an applicant to report discrepancies promptly, he may include a provision in the reimbursement engagement limiting the time limit within which the applicant must give notice of facial discrepancies. Thirdly, if a credit contains a non-documentary condition, banks will deem such condition as not states and will disregard it. According to the principle of private autonony if a credit contains a non-documentary condition to be consistent with by the parties concerned in a credit the non-documentary condition can be treated, as an effective condition itself. Fourthly, according to the Korean Supreme Court's decision, negotiation includes the method of crediting the credit amount and then transfers such funds into a special account and controls the account. Finally, UCP600 Article 33 states a bank has no obligation to accept a presentation outside of its banking hours. However, there is no rule in UCP600 in regard to a presentation after the close of business. Hopefully the upcoming UCP has to stipulates a sort of definite article to determine such ambiguous.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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• v.6 no.7
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• pp.219-228
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• 2016

This research aimed at investigating policy change process of after school contracting out and suggesting future alternative. Also, this research conducted a literature search for the research data related to policy and related regulations. As the result of investigation, the Ministry of Education established management plan for after school, however there have been changes in policy, e.g. contracting out was executed from 2004 to 2008 upon autonomy of unit school through school steering committee deliberation(consultation), while standardized procedure was conducted, which was suggested in 'After school operation guideline', produced in cooperation between the Ministry of Education and municipal ministry of education from 2008 to 2015, while since 2016, contract law should be applied when after school contracting out is adopted. Policy change since 2016 is based on the legal necessity that contract law should be followed as the contract size of after school contracting out has become larger along with necessity of clarity of after school contracting out. Nevertheless, there's a worry that quality of after school education could be degraded due to lowest price bidding. The government suggested an alternative to prevent excessive price competition by paying a regular rate of basic price as personnel expenses, however this research suggested a plan to enact an ordinance in regard of specialty of after school educational activities and cities and provinces as the fundamental solution plan.