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홍성규(Sung-Kyu Hong) 한국무역연구원 2010 무역연구 Vol.6 No.4
The concept of fundamental breach of Article 25 is used in various provisions of the CISG. Article 25 defines fundamental breach in terms of foreseeable and substantial detriment. In order to avoid, the aggrieved party must show that the breach concerned caused him to suffer a 'detriment' so serious 'as substantially to deprive him of what he was entitled to expect under the contract'; in addition, that serious result must be one which the breaching party would have 'foreseen'. The breach must therefore nullify or essentially depreciate the aggrieved party's justified contract expectations. What expectations are justified depends on the specific contract and the risk allocation envisaged by the contract provisions, on customary usages and on the additional provisions of the Convention. In the case of fundamental breach of contract grants the aggrieved party the remedies of avoidance of contract and right to delivery of substitute goods.
홍성규(Hong Sung Kyu) 한국무역상무학회 2014 貿易商務硏究 Vol.64 No.-
The purpose of this paper is to examine thoroughly on passing of risk in contracts for the international sale of goods. Articles 66∼70 of the CISG contain provisions on passing of risk. Article 66 states the main effect of passing risk to the buyer. Article 67∼69 determine the decisive point in time which the risk passes from the seller to the buyer and article 70 attempts to explain the relation between passing of risk and fundamental breach of contract by the seller. As in the case corresponding Incoterms rules, the main issue to be resolved is which party should bear the economic consequences in the event that the goods are accidentally lost, damages or destroyed. Many cases also apply CISG articles 66∼70 to contracts in which parties not agree on the use of trade terms such as CIF, CFR, FOB and FCA in Incoterms 2010 Rule that provide for when the risk passes. In order to minimize disputes that may arise under contract, when drawing up a contracts for the international sale of goods, the specifics of agreement should be clearly stipulated. Consequently, the parties of contracts for the international sale of goods should take adequate measures, and it is required to prepare the contracts clearly as the specific terms to prevent and resolve contractual disputes on passing of risk.
WTO체제 무역기술장벽(TBT)에 대한 실무적 대응방안
홍성규 ( Sung-kyu Hong ) 한국통상정보학회 2019 통상정보연구 Vol.21 No.1
With the stable settlement of the WTO system and the extension of the FTA, visible tariff barriers have been either abolished or lowered gradually; however, Non-Tariff Barriers(NTB) have been increasing rapidly and continuously according to the disguised or hidden protectionism of developing countries as well as advanced countries including the US and EU. Previously, Technical Barriers to Trade(TBT) were regarded as domestic matters in each country and hardly discussed by the GATT/WTO; however, as their roles of NTB are increasing lately, they are disusing actively to regulate them. TBT Agreement included in WTO agreements consists of technical regulations, standards, and conformity assessments, and a fixed guideline is provided for technical control in different countries. Accordingly, this researcher here has analyzed the characteristics and contents of TBT Agreement theoretically and then explained how domestic industry should utilize TBT Agreement practically when any facing foreign government’s restrictive trade measures and sought ways to use TBT Agreement effectively through cooperation with the government. In conclusion, it is expected that research on TBT will contribute significantly to the increase of exportation of Korean companies as well as the exploitation of overseas markets. It will also allow us to promote domestic standardization policy conforming to international standardization; therefore, we will be able to overcome the protectionist TBT of our partners in exportation such as their criteria and certificate systems.
Lex Mercatoria로서 국제상사계약에 관한 UNIDROIT원칙의 역할
홍성규(Sung-Kyu Hong) 한국무역학회 2004 무역학회지 Vol.29 No.4
The present study examined the necessity of lex mercatoria in international commercial transactions and analyzed cases of arbitration award, which adopted the UNIDROIT Principles, as the cases of the application of lex mercatoria. Lex Mercatoria, which is quoted in the preamble of the UNIDROIT Principles, is in fact commercial practice that has a persuasive value to concerned parties in international commercial transactions and has been conventionalized as a result of repeated use. Considering the trend of diversification, enlargement and prolongation of international commercial transactions, it is regarded as reasonable to allow the change of contract contents in order to maintain parity between concerned parties according to rational criteria for commercial affairs, without denying the principle of pacta sunt servanda, which has been the dominant general principle of the contract law until the 20th century. The usefulness of the UNIDROIT Principles, which acknowledge the intervention of judges (arbitrators) to the principle of contract freedom and aim at economic rationality and the realization of legal justice, is spreading everyday. In the situation that there is no internationally unified judicature, it is necessary to promote rational dispute resolution and legal stability through arbitration by adopting the UNIDROIT Principles of lex mercatoria as a governing law of international commercial contracts. Thus, there will be increasing efforts to understand correctly and research CISG as well as the UNIDROIT Principles, which complement CISG.
홍성규(Sung-Kyu Hong),김종락(Jong-Rack Kim) 한국무역학회 2003 무역학회지 Vol.28 No.1
The purpose of this paper is to study on the legal issues on the internationalization of the Korea Arbitration Act amended on December 31, 1999. In this article, it will be reviewed on the issues of the recent trend and accommodation level of the UNCITRAL Model Law. If a unification of international commercial arbitration and its internationalization will be coming true, an inconvenience as well as uncertainty having been caused by conflicts of the various States' legal system can be dissolved. Fortunately, a number of legal systems that has adopted the model law and having been inspired themselves to it has been increased. The internationalization of the Korea Arbitration Act provided a momentum for the transparency, impartiality and legal stabilization of the arbitration system, and it also rendered great services to promotion of foreign trade profits. However, the Korea will be making an additional revision of the arbitration act where the model law has been extensively adopted to it though.
홍성규 ( Hong Sung Kyoo ) 세계음악학회 2013 음악과 문화 Vol.28 No.-
For religion, Music is the most powerful method to spread out Buddhist doctrines. Since 1920`s, Buddhist community has released Buddhist hymn. Accordingly, various form of musical forms, suchas the music for a religious gathering, Buddhist song and Buddhist song for children has appeared to the demands of the times. However, an attempt of the musical form for a religious culture creation has failed achieve an outstanding result. Through this paper, I`d like to study on the modernization progress and the state of Buddhist music, and to clearly state the problems. Based on this study, I`d also like to discuss the development plan of the Buddhist Music Contents. The Buddhist` religious tradition must to be taken a serious view of protection and preservation, but the self-helping efforts is essential element to adapt to the rapidly-changing era.