http://chineseinput.net/에서 pinyin(병음)방식으로 중국어를 변환할 수 있습니다.
변환된 중국어를 복사하여 사용하시면 됩니다.
국제상사계약에 관한 UNIDROIT원칙에 있어서 이행곤란(Hardship)의 법리
홍성규(Hong, Sung Kyu),김용일(Kim, Yong Il) 한국무역상무학회 2013 貿易商務硏究 Vol.57 No.-
In the international sales contract, long-term contracts often face hardship in fulfilling the original contract terms by relevant parties due to rapid change and uncertainty of political and economic circumstance. In this case, party who faces hardship of fulfillment terminates contract or demands adaptation to contract condition but if opponent doesn't accept this, it proceeds to commercial dispute needing legal interpretation. Generally it is wise to set forth governing law in contract between parties in the case of international contract, for legal stability. One of universal governing law which relevant parties select by agreement to solve economical hardship of fulfillment is PICC. PICC defines the hardship in detail for renegotiation on following hardship of fulfillment unexpected. In the case of failing renegotiation, Court(arbitral tribunal) conducts termination to contract or adaptation to contract condition through arbitration or mediation. In conclusion, when signing international long-term contract, it is desirous to handle dispute effectively by inserting provisions which can deal with economical hardship in contract or defining PICC as governing law in the case of hardship incurred. It is because it is realistic to handle dispute smoothly to the extent that both parties can be satisfied in the case of hardship incurred, though international contract should be fulfilled.
홍성규(Hong Sung-Kyu) 한국항만경제학회 1998 韓國港灣經濟學會誌 Vol.14 No.-
These days port cities throughout the world in the developing country as well as in the developed country are considering actively to develop ports and to set up free ports on the basis of the principle of market competition, which is expected to be able to contribute to the advancement of the international competitive power.<br/> The reason to set up free ports is that it can promote the international trade and increase the amount of the transacted goods of the cities. It, therefore, can bring the various extending effect such as employment increase, foreign-exchange earning rate rise, development of the region, and activation of shipping industry and finance business through the increase of the amount of the transit trade and intermediate trade (entrepot trade).<br/> Thus to develop the ports of our country as the international free ports enough to be a bridgehead in the Pacific-rim region will not only act up to the international trend aiming at free trade but also be a help to making the trade basis of our country firm and to rehabilitating domestic business deteriorated by the IMF system.
홍성규 ( Sung Kyu Hong ),김윤두 ( Yoon Doo Kim ) 한국축산경영학회 2013 농업경영정책연구 Vol.40 No.1
The study was to suggest basic data for deer farmers` efficient action planning to solve the issues on the market access expansion due to Korea- New Zealand FTA promotion, as well as management problems. Management problems were identified through the business analysis with considering cost saving plans to improve business conditions. In addition, our deer farmers` international position was investigated through a comparative analysis on operation costs of competing countries. The result showed that domestic farmers have experienced difficulties in all respects related with managing their businesses, for example, production, processing and distribution, sales, legal institution and government policies. Furthermore, New Zealand, the biggest competitor of our domestic farmers, shares the highest portion in the imported antler market. The comparative analysis on the operating cost of New Zealand`s farmers showed that it costs only 4.0~4.7% of domestic farmers for operating businesses (in case of breeding Elks). It would be necessary to reduce the cost through scale-up, to improve productivity through specializing, to prepare reasonable supports from the government, and to align related legal institution in order for promoting competitiveness and sustainable development of domestic deer industry through reducing the cost. In conclusion, domestic deer industry at a crisis would regain its strength along with the improvement in farm income if there are more systematic and reasonable planning and policy based approach on scale-up and specialization for the future competitiveness.
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.
홍성규(Sung Kyu HONG) 한국무역상무학회 2015 貿易商務硏究 Vol.68 No.-
Investor-State Dispute Settlement(ISDS) grants a foreign investor the right to access an international arbitrator, if he believes actions taken by a host government are in breach of commitments made in an investment agreement or an investment treaty. The arbitration procedure of ICSID is made specifically to resolve investment disputes, so most of investment disputes have been settled in accordance with the procedure. Owing to limitation of dispute settlements through the ICSID arbitration procedure, several investment dispute conciliation schemes have been emerged as alternatives. In the case of a conciliation, the conciliation procedure will be in progress based on arbitrary agreement between parties, and if both parties agree on a conciliation program, then the arbitrary execution rate is relatively higher than that of arbitration procedures. In addition, it is evaluated that the time duration of conducting a conciliation procedure is in general rather short in 8 to 24 months, and its incumbent cost is also rather inexpensive. Most of all, through amicable settlement of a dispute between a foreign investor and a host state, the foreign investor may continue his investment activities without a hitch, while the host state may invite more investment without any risk of losing its external credibility. In conclusion, it is desirable to lead any investment dispute between a foreign investor and a host state settle in accordance with the dispute settlement procedure as specified in the relevant investment agreement. In addition, to make the foreign investor continue his investment activities, it will be necessary to provide a separate investment dispute conciliation system aside from such arbitration procedures to cope any unexpected incident flexibly.