전자계약 성립시기 결정을 위한 메일박스규칙 적용의 타당성

우광명(Kwang-myung Woo) 한국국제상학회 2007 國際商學 Vol.22 No.1

  Under the common law, acceptance is effective upon dispatch, even if it never reaches the offeror. Practical reason existence for applying the mailbox rule in common law is formation of contracts. The mailbox rule makes a sense of certainty and removes the possibility of the offeror"s capricious revocation of the offer.<BR>  The mailbox rule should be retained for contracts because electronic acceptance is not instantaneous and apply to electronic acceptances to create certainty in electronic contracting. Also, the mailbox rule will avoid an endless circle of communication to confirm the existence of a contract.

전자거래의 재판관할에서 Zippo 슬라이딩 스케일 적용의 한계에 관한 연구

우광명(Kwang-Myung Woo),노현수(Hyun-Soo Roh) 한국무역학회 2006 貿易學會誌 Vol.31 No.1

지적재산권분쟁에 대한 ADR의 적응성

우광명(Kwang-Myung Woo),서민교(Min-Kyo Seo) 한국무역학회 2008 貿易學會誌 Vol.33 No.2

국제물품매매계약에 관한 유엔 협약에서 사정변경의 원칙에 관한 사례 연구

우광명(Kwang-Myung Woo) 한국무역연구원 2014 무역연구 Vol.10 No.4

In the international sales contracts, long-term contracts often face a change of circumstance in performance the original contract terms by relevant parties due to rapid change and uncertainty of political and economic circustance. Change of circumstance that fundamentally alters the equilibrium of the contract should not be accepted as ground to exempt a party from liability, and consequently burden the obligor with excessive burdensomeness in performance. The CISG Article 79 is the principal provision governing the extent to which a party is exempt from liability for a failure to perform any of his obligations due to an impediment beyond his control. The CISG governs the change of circumstances as impediment but it does not settle entirely all the issuess that arise in connection to this subject. This article takes a brif analysis of relevant rules of the chance of circumstances, including impediment, hardship, frustration and impossibility or impracticability. It goes on to examine the CISG which does not have force majeure and hardship provisions but does have a provision that has the same effect. The paper analysis on the change of circumstance CISG Article 79 related cases of UNILEX and CLOUT. And then I will come up with an effective plan for dealing with a business perspective.

국제상사분쟁에서 인공지능(AI)의 적용 가능성에 관한 연구

우광명(Kwang-myung Woo) 한국무역학회 2022 무역학자 전국대회 발표논문집 Vol.2022 No.8

FOB 관습의 발전과 영국 FOB의 유형별 사례에 관한 연구

우광명(Kwang Myung Woo) 한국무역연구원 2014 무역연구 Vol.10 No.6

FOB is the term which is historically older and in wider use. It has become more various type in England and more complicate with the introduction of RAFTD and UCC in America. Thus, the same term is interpreted differently in different countries. The legal uncertainty result from different interpretation of trade terms in international sales of contract. A number of cases have been made by the England courts to define the word as a contractual term of trade since the 19th century. Internationally, the interpretation and standardization of contracts used in international trade have come into requested. So in order to deal with these problems, the Incoterms rules are created in 1936 and published by the International Chamber of Commerce(ICC). For the purposes of my paper I will focus on the FOB custom which is the shipment of goods by sea transportation because the first case happened and the majority of international trade activities are carried out through the FOB by sea. In this paper I will identify various type of FOB contract and then analysis related cases of FOB in the early years of the 19th century. This article explain the main obligation of FOB contract in their contract. And then I will come up with an effective plan for dealing with a business perspective relating to FOB contracts.

ICC 중재판정에서 Incoterms 적용의 해석문제

우광명(Kwang-Myung woo) 한국무역연구원 2013 무역연구 Vol.9 No.7

The Incoterms rules are standard sets of trading terms and conditions designed to assist traders when goods are sold and transported. The interpretation and standardization of contracts used in international trade have been of interest to the ICC. The legal uncertainty resulting from different interpretation of trade terms in international sales of contract. The parties to a contract are unaware of the different trading practices in their respective countries. This can give rise to disputes. So in order to deal with these problems, the Incoterms rules are created in 1936 and published by the International Chamber of Commerce (ICC) and their successive amendments in 1953, 1967, 1976, 1980, 1990, 2000 and 2010. However, the Incoterms rules raise a number of questions with respect to contractual practice. This article is analysis the Incoterms rules related cases of International Commercial Arbitration of ICC International Court of Arbitration and this article seek for problems of interpretation of trade terms in their contract. And then I will come up with an effective plan for dealing with a a business perspective.

TSU·BPO의 활용 가능성에 관한 연구

우광명(Kwang-Myung Woo) 한국무역연구원 2016 무역연구 Vol.12 No.6

Nowadays, the traditional methods of payment have shifted from documentary L/C to remittance basis, using especially open accounts. Open account terms are most advantageous for the buyer because goods are shipped and delivered before payment is due, so there is a possibility that a foreign buyer will not be able to pay. Under the documentary L/C basis, the bank provides an irrevocable payment undertaking to the seller, which is the most complex and costliest of traditional payment arrangements. The purpose of this paper is to determine the applicability of TSU·BPO in settlement of international trade through case studies. The international business community has been seeking to change paper Bill of Lading to electronic Bill of Lading that is fast to issue, transmit and process. Various attempts at electronic payment are offered to achieve these benefits and these were evident in the Sea Docks project, CMI Rules for Electronic Bills of Lading, Bolero project and TradeCard. Nevertheless, attempted trade electronics as in the case of the electronic payments systems failed. In the light of such failures to change payment platforms, SWIFT has devised a new electronic payment method called the Bank Payment Obligation, on SWIFT’s Trade Service Utility platform. The BPO is a new payment method based on data matching that can be used for risk mitigation and financing.

블록체인 기반 신용장거래의 활용에 관한 연구

우광명(Kwang-Myung Woo),김성호(Seong-Ho Kim) 한국무역연구원 2021 무역연구 Vol.17 No.3

Purpose This study objective is to explore the benefits and shortcommings of using Blockchain and smart contract in letter of credit and how capable the Blockchain and smart contract to eliminate the risk in letter of credit transaction. This study has applied cases the applicability of blockchain technology in international trade process from a perspecitive of letter of credit (L/C) payment. Design/Methodology/Approach There are composed of five chapters based on literature and cases studies. Chapter deals with the introduction of this paper and Chapter explains the changes in trade payment methods, will explore complexity and diversification of trade transaction, electronic payment. Chapter deals with blockchain technology in electronic trade settlement, will explore blockchain technology as the Distributed Ledger Technology and Smart contract. Chapter idenfies application of blockchain technology in letter of credit transaction, will explore possible to apply technology in letter of credit transaction, influence of blockchain in letter of credit transaction and cases of application of blockchain technology in letter of credit transaction. Chapter concludes this paper. Findings Traditional way of letter of credit that is a paper based system in which it is needed to share and validate documents between parties in different countries make letter of credit mechanism slow, inefficient and high cost. However, blockchain technology enables trade parties to share information on a close ledge. Then, trade deal can be completed automatically through a series of digital smart contract. By applying blockchain and smart contract, it eliminate the time, risk and cost in letter of credit transaction. Research Implications This paper explains the blockchain application cases. Blockchain can be used in letter of credit various stages from opening the credit on the bank and send it to the beneficary until payment. This blockchain technology have more benefit in cross borders trade such as a letter of credit transaction. Blockchain could save letter of credit from the continues declain in use in international.

Incoterms?? 2010의 해상매매조건과 주요 표준계약서에 관한 연구

우광명(Kwang Myung Woo) 한국무역연구원 2015 무역연구 Vol.11 No.4

Incoterms?? are standard international trade terms, which are widely recognized such as FOB and CIF. They are not particular as to region or business customs but general customs in international contract of sales. Incoterms?? deal with contract of sale to allocate responsibilities, including transport obligation between seller and buyer. Traditionally, FOB and CIF have been used maritime or inland waterway transport with sales of commodities by charter party contract. Some traders mistakenly use non-maritime shipments involving containerized transportation. For the purpose of this paper I will focus on FOB and CIF rules in the international transaction of commodities, such as grain by charter party contract. Moreover I will concentrate on the standard sales and purchase form by trade association, such as GAFTA No.119(FOB) and No.100(CIF) and explain the key provision of terms and condition.