로테르담규칙상 항만터미널운영자에 관한 연구

송수련(Song, Soo Ryun),민주희(Min, Joo Hee) 한국무역상무학회 2013 貿易商務硏究 Vol.58 No.-

The Rotterdam Rules provide that port terminal operator may avoid or limit their liability for cargo loss, damage or delay in delivery or breach of any other obligation under the Rules by invoking the provisions that may provide a defence for, or limit the liability of, the carrier. Consequently the port terminal operator who are involved in the provision of maritime services may avoid or limit their liability for cargo loss, damage or delay in delivery or breach of any other obligation under the Rules. The port terminal operator to be applied for the Himalaya clause under the Rules must show that it has the requisite link with a Contracting State. In addition, the port terminal operator performs service to the period of time between the arrival of the goods at the port of loading and their departure from the port of discharge. The port terminal operator’s liability for breaches of its obligation is limited to 875 SDR per package or other shipping units, or 3 SDR per kilogram of the gross weight of the goods. In addition, compensation for delay shall be limited to an amount equivalent to two and one-half times the fright payable on the goods delayed.

중국 상표법상 선사용 항변에 관한 연구

송수련(Soo-Ryun Song),임성철(Sung-Chul Lim) 한국무역학회 2016 貿易學會誌 Vol.41 No.3

홍콩당사자와 분쟁시 준거법의 결정

송수련(Soo-Ryun Song) 한국무역학회 2014 貿易學會誌 Vol.39 No.2

중국의 인공지능 창작물에 대한 저작권 인정여부 - ‘(2018)京0491民初1号’ 사건을 중심으로

송수련(Soo-Ryun SONG) 한국무역상무학회 2019 貿易商務硏究 Vol.83 No.-

지난 2019년 4월 25일에 중국의 베이징인터넷법원에서는 매우 흥미로운 판결이 내려짐에 따라, 본고를 통하여 소개한다. 특히 이 사건은 인공지능이 생성한 창작물에 저작물성을 인정할 수 있는지 여부에 대한 최초의 판결로서 의의를 가진다. 먼저 베이징인터넷법원은 중국 저작권법이 규정하는 저작물로서의 주요 요건중 하나인 독창성은 인간의 사상이나 감정에 의한 것에 국한되므로, 인공지능 창작물의 저작물성을 부정하였다. 따라서 그 저작권 또한 인공지능에게 귀속될 수 없을 뿐만 아니라 사용자(소유자)에게도 인정할 수 없다고 판단하였다. 다만 인공지능 창작물이라고 하더라도 인공지능의 사용자(소유자)가 창작물을 얻기 위하여 투입한 시간과 노력 등이 인정되어 공중송신권과 동일성유지권은 인정되었다. The rise of artificial intelligence technology has changed the traditional role auxiliary tools for the creation of works, gradually replace human beings to become themain creator of creation. The application of artificial intelligence technology in the creative field to satisfy the increasing diversity of the spiritual and cultural needs of the public, has undoubtedly become the main trend to supply the modern cultural products. Thematter iswhether the creation generated by artificial intelligence is the copyrighted work and who has the copyright for the creation. First, the creation generated by artificial intelligence is not the copyrighted work under the Copyright Law, because the current Copyright LawinChina can not provide a reasonable solution for the integration of the non-human. Second, nobody has the copyright for the creation including a artificial intelligence creator, a artificial intelligence user and the artificial intelligence itself according to the trial. The artificial intelligence user, however, only has the right of Integrity and public transmission right for the spending of considerable time and effort for the creation, but he never has the right of paternity because he is not a copyright owner. The application of artificial intelligence technology in the creative field has undoubtedly become themain trend to supply themodern cultural creations, so I hope Chinawill prepare the proper solutions and laws in short feature for the creations generated by artificial intelligence.

중국의 프랜차이즈계약 에 관한 연구 : 보경사건을 중심으로

송수련(Soo-Ryun SONG) 韓國貿易商務學會 2015 貿易商務硏究 Vol.67 No.-

In recent years in China, corresponding to a shift in consumption pattern from household basics to greater expenditure on quality of life, new franchising opportunities arise. Although the franchising prospect in China is promising, Korean companies aiming at franchising into China need to be aware of the legal framework for commercial franchise in China as this will have direct impact on their business expansion. Where franchising activities involve trade mark licence, Chinese Franchise Regulations require such trade mark licence agreement to be regulated in accordance with the relevant provisions of the Chinese Trademark Law. Furthermore where one party fails to perform his obligation and it impacts purpose of the contract seriously, the other party could avoid the contract in accordance with the relevant provisions of the Chinese Contract Law. To launch franchising business successfully in China, Korean companies do market research sufficiently before they may commence franchise business. Korean franchisor must register with local authorities in China by own name, and make Chinese partner take charge of management of the distribution network and invitation of franchisee partners.

중국진출에 따른 중국의 외국인 성명권에 관한 연구

송수련(Soo-Ryun, Song) 한국무역학회 2017 貿易學會誌 Vol.42 No.3

중국 ≪무역백서(中国的对外贸易)≫의 주요내용 및 한국기업의 대응책

송수련(Song, Soo Ryun) 한국무역상무학회 2014 貿易商務硏究 Vol.61 No.-

During the past decade after entering the World Trade Organization (WTO), China has quickened its integration into the global economy while its foreign trade has been further invigorated. On the 10th anniversary of China's accession to the WTO, the Chinese government issues White Paper to give a comprehensive introduction to China's foreign trade development. Through this paper, the Chinese government introduces I. Historic Progress in China's Foreign Trade II. Reform of and Improvements to China's Foreign Trade System III. The Development of China's Foreign Trade Contributes to the World Economy IV. Promoting Basically Balanced Growth of Foreign Trade V. Constructing All-round Economic and Trade Partnerships with Mutually Beneficial Cooperation VI. Realizing Sustainable Development of Foreign Trade. At present, the underlying impact of the international financial crisis, the protracted, arduous and complicated nature of the world economic recovery is manifesting itself, and the global economic structure and trade layout face in-depth readjustment. China will make new adjustments to its foreign trade, in an effort to turn foreign trade from scale expansion to quality and profit improvement, and from mainly relying on its low-cost advantage to enhancing its comprehensive competitive edge, thereby turning China from a big trading country to a strong trading power. China's foreign trade is still hampered by many uncertainties and is bound to meet new difficulties and challenges. During the 12th Five-year Plan period China will open itself wider to the outside world as a driver for further reform, development and innovation, make full use of its advantages, strengthen international cooperation in all respects. And at the same time China integrate itself into the world economy on a wider scale and at a higher level. China is willing to work with its trading partners to cope with the various challenges facing the world economy and trade, and promote its foreign trade to realize a more balanced, coordinated and sustainable development, and share prosperity and mutually beneficial results with its trading partners.

중국의 독립보증에 관한 법률문제연구

송수련(Soo Ryun SONG) 한국무역상무학회 2016 貿易商務硏究 Vol.71 No.-

Independent guarantee is newfinancial product developed in international commercial transaction. The nature of independent guarantee is an independent undertaking, which takes the formof documentary transaction. As long as the documents presented by the beneficiary are on their face complying with the terms and conditions of the guarantee, the guarantor is obliged to pay upon the complying presentation. Where parties choose to apply for issue of independent guarantee in international commercial transactions inChina, Chinese court shall respect the autonomy of parties. If either the guarantor or the beneficiary is located outside of China, or the facts which cause the establishment, change or cancellation of independent guarantee relationship occurred outside of China, it shall be deemed as foreign related independent guarantee. If the interested parties requests for confirmation of the independence of foreign related independent guarantee, it shall be supported by Chinese court. However, parties dealing with Chinese domestic commercial transaction have not fully realized the severity of independent guarantee liability. The market credit is being cultivated and the financial innovation is being explored at present in China. In order to guard against the systematic and the regional financial risk, before relevant rules are promulgated, Chinese court shall not recognize the independence guarantees issued for the domestic commercial transaction, but treat it as joint liability surety.

중국 상표법상 등록과 무효에 관한 연구 : ‘마이클 조단’ 행정판결을 중심으로

송수련(Soo Ryun SONG) 韓國貿易商務學會 2016 貿易商務硏究 Vol.69 No.-

In the past 10 years, there have been lots of misuses of the trademark system in China. For example, some Chinese companies have registered same or similar oversea’s well-known trademark as a prior rights holder, and oversea’s companies lost a chance to register their own trademarks or commence cases to acquire their own trademark determination in China. So Chinese government revised Chinese Trademark Law in 2014 to remedy these mistakes. Article 30 is intended to crack down on preemptive registration and compensate for the possible unfair consequences resulted from the principle of prior registration. Under the principle of prior registration, only where the unregistered trademarks of prior use have certain influence, and where the applicant of latter applied trademark knows or should know the prior trademark and the applicant has the bad faith of obtaining unjustified interests from goodwill of such unregistered marks, it shall be curbed by Article 30. Furthermore, trademark oppositions could be filed by anybody previously. Under the revised Trademark Law Article 44, oppositions based on absolute grounds can still be filed by anyone, but oppositions based on other available grounds can only be filed by a prior rights holder or amaterially-interested party with undefined but similar to the standing requirement for filing nullities under Article 41 of the old law, and likely intended to cover trademark licensees and successors.

중국의 상표사용허가계약의 중첩체결에 관한 연구

송수련(Soo Ryun SONG) 한국무역상무학회 2017 貿易商務硏究 Vol.73 No.-

There aremany safeguards andmeasures available regulating the protection of a trademark and its registered holder, however, the protection of a licensee in a trademark license agreement is also important for protection of a intellectual property. Therefore, there are several measures in place for the protection of licensees interests in Chinese trademark law. Article 43(3) of the Chinese Trademark Law rules a licensor who licenses others to use his registered trademark shall submit the trademark licensing to the trademark office for file, and the trademark office shall announce the trademark licensing to public.Without filing, the trademark licensing shall not be used against a bona fide third party. It means a licensee can not use an unrecorded license with the relevant trademark authority against third parties - essentially, this means that a licensee should insist on having their trademark license agreements recorded against the relevant trademark authority, so that a licensee s interests are protected as against the assignees, licensees and other types of third parties. Otherwise a third party in good faith can use the registered trademark legally against a licensee even though a trademark license agreement between a licensor and licensee is still valid.