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- 저자 : 권기훈(Kwon, Gi Hoon) (검색결과 56 건)
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권기훈 ( Kwon Gi Hun ) 한국상사판례학회 2003 상사판례연구 Vol.15 No.-
Futures trading shall be made through the futures markets opened by the Korea Futures Exchange, and any person other than the Korea Futures Exchange shall not open any futures markets. So customers and investors must entrust the transactions to a futuers dealer. The futures market is exposed always to various riskiness, so the principle of the customers of the self responsibillty is applied so strictly. The customers must be responsible namely for the investment decision which is determined according to a free decision of themselves. As general customers and investors don`t have much knowledge of such a special technique or useful information about futures trading, they will depend on the investment solicitation of a futures dealer. So the discretionary transactions contracts can be concluded between a customer and a futures dealer by the free intent of customers or the investment solicitation of a futures dealer. But a futures dealer may not accept an entrustment of futures trading, etc. whereby the customer gives the futures dealer the full discretion to decide all or a part of trade terms such as the types of futures trading, the price or the volume(Futures Trading Act Article 48(2)). Futures Trading Act prohibits a futures dealer from executing orders for customer accounts over which he or she has trading authority. The main object of this prohibition is designed to prevent a futures dealer from placing their personal trading interests ahead of their customers`s interests when exercising trading discretion over such customers`s accounts. Like this, the main object of the prohibition regulation of discretionary transactions stays at the protection of the customer. So I think that the discretionary contracts to trade which is concluded between a customer and a futures dealer is valid in private law. Then the futures dealer bears the duty of care and the duty of loyalty for the customers.
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권기훈(KWON, Kee-Hoon) 인하대학교 법학연구소 2014 法學硏究 Vol.17 No.2
선하증권의 한계점을 극복하기 위해 실무에서 널리 화물선취보증장(L/G:Letter of Guarantee)제도가 이용되고는 있다. 그러나 수입상으로서는 추가적인 비용이 발생하고, 직접 은행을 방문해서 화물선취보증장를 발급받아야 하므로 불편하다. 이에 따라 운송실무에서는 권리포기 선하증권(Surrender B/L)이라고 하는 새로운 관행이 나타나고 있다. 다만 권리포기 선하증권은 송하인과 운송인 사이에 권리포기 약정이 이루어진 것이어서 수하인과 운송인 사이에는 그러한 약정이 이루어진 것으로 볼 수 없다. 따라서 선하증권 상에 기재된 수하인이 운송인에 대해서 불법행위책임 내지는 채무불이행책임을 물을 수 있는 여지가 생기게 되는 것이다. 권리를 포기했다는 사실로 인해서 선하증권 상의 수하인의 권리에 영향을 미친다고 볼 수 없기 때문이다. 따라서 권리포기 선하증권에 대한 대안으로 해상화물운송장(Seaway Bill)에 의한 운송이 바람직하다고 할 수 있다. 해상화물운송장을 이용할 경우 수하인은 운송인에게 운송서류를 제출하거나 상환하지 않고 물품을 신속하게 수령할 수 있어서 운송물 인도지연에 따른 문제점을 해결할 수 있다. 또한 권리증권이 아니므로 서류분실과 서류의 위조ㆍ변조에 따른 제반위험을 회피할 수 있다는 장점이 있다. 해상화물운송장의 통용으로 권리포기 선하증권은 폐지되어도 무방한 상태가 된 셈이다. 나아가 전자식 해상화물운송장을 발행함으로써 거의 비용부담 없이 운송물을 안전하게 인도할 수 있다. A letters of guarantee (L/G) is often used in the transport sector as an alternative to a bill of lading (B/L), but it also causes certain inconveniences as it generates additional expenses for an importer and costs a trip to a bank that issues L/G. Such demerits have led to a new practice known as a surrender B/L. However, a surrender B/L serves as a contract of a surrender of rights between a shipper and a carrier, not between a consignee and a carrier. This leaves a room for a consignee on a B/L to hold a carrier liable for tort or default, as the surrender of rights on a surrender B/L does not affect the rights of a consignee on a B/L. That is why a seaway bill is a better alternative to replace a surrender B/L. A consignee can receive shipment without submitting transport documents to or repaying a carrier, which helps resolve problems that may be raised due to delay in delivery. A seaway bill also helps reduce risks related to loss or forgery of documents, since it is not a document of title. A surrender B/L has practically run its course with the introduction of a seaway bill. An electronic seaway bill, in particular, allows parties involved in a transport contract deliver shipment with little additional costs.
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권기훈(Kwon, KeeHoon) 한양법학회 2011 漢陽法學 Vol.36 No.-
The liability regime in the maritime law is significantly different from that of the law in general in that it strongly favors carriers. Though making fundamental changes to the global regime could be an option in theory, it is not a realistic one. The possibility of suggesting alternatives in consideration for interested parties is also very limited with the given situation and the existing regime. First, regarding error of navigation, when a certain act is necessary to secure the safety of both ship and cargo or when distinguishing between the safety of ship and that of cargo is difficult, it is desirable to protect interested parties by interpreting it as negligence for cargo to the fullest extent. Also, considering that most cargo damages are due to agents" fault, and thereby, leave carriers exempt from liability, "the actual fault or privity of the carrier" needs to be admitted as a exclusion cause of limitation of liability and even be considered to be legislated into law. Regarding fire, it is not necessary to limit the cause of fire to the ship where damages occurred in order to prevent the expansion of exemption. However, the fire has to occur on the ship and cause damages to the cargo on the ship in order to exempt carriers from liability. Except for the cases of fire due to carrier"s negligence of seaworthiness, it is difficult to imagine cases of fire due to the actual fault of privity of the carrier. Exempting carriers from liability in the case of fire, for example, due to the negligence of a crew, is against the principle of equity. Therefore, "the carrier" in the Article 795, Clause 2 of the Commercial Law should be interpreted to include agents such as crew members. Regarding "the latent defects not discoverable by due diligence", the Article 796, Clause 11 of the Commercial Law is redundant as long as the latent defects not discoverable by due diligence is considered unseaworthiness. If the purpose of the clause is to admit latent defects of facilities other than the ship in case, such as cranes, as the conversion cause of burden of proof, we must clarify the definition and avoid unnecessary disputes by referring them as "the latent defects of cranes and other facilities not discoverable by due diligence", as in the Japanese law. In order for the maritime law to serve as a reasonable mediator in legal disputes, efforts need be made to revise or interpret the law so that it does not favor just carriers and consider the interest of interested parties. This thesis wishes to be the first step in the direction for changes in compensation law and related insurance policies and a cornerstone for progress in the related fields.
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權奇勳 ( Kwon Gi Hun ) 한국민족운동사학회 2000 한국민족운동사연구 Vol.26 No.-
This paper is described on Kim Chang Suk's (1879~1962) political activities after Liberation. By now, the studies on Kim Chang-Suk have concentrated upon his inflexible idea or consciousness, have made great progress in the branch on his independence movement, and have elucidated a political, activity after die 1945 Liberation. This study will supplement the limitation of previous studies. Was lively active in this period in spice of an advanced age. Centering the attention on the period after the 1945 Liberation, the study concentrates its effort upon the meaning of the activity. The chief aim of this paper is participate in Konkuk Dong Maeng, support of provisional government, anti-dictatorship movement. Firstly he took an active in Konkuk Don Maeng. It is proved that Kin Jin wu’s activities and a daughter-in-laws' testmoney. Secondly, he supported Provisional Government and hoped to a unified nation in dependently. Thirdly, he resisted Lee’s dictatorial Government lastly. Kim Chang Suk is a supporter of Kim Gu and an opponent of Lee Syung Man. This show his character of political activities. The systematic understanding on die political activity after the 1945 Liberation, this chapter examines the outcome and limit of the political activity in the process of Construction Movement for Nation under a cold war system between US and USSR. Kim Chang Suk againsted dictatorship lastly as an indomitable spine. He lingers long in our memory as the pro and stay of a critical spirit.
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