ESG and Emotional Non-conformity of Goods in Contracts for International Sale of Goods

이병문 한국무역학회 2024 Journal of Korea trade Vol.28 No.1

Purpose - It examines the potential applicability of the CISG to contracts involving the sale of goods with significant emotional value. And it addresses the issues on whether the delivery of non-compliant goods with ESG standards can be considered as an aspect of non-conformity under the CISG. Furthermore, it explores whether and how a corporate ESG codes of conduct can be duly incorporated into contract. Design/Methodology – In order to achieve the purposes of the study, it is based on a literature review which is related to the rules under the CISG as to the seller’s delivery of goods associated with emotions derived from the purchase of goods compliant with ESG standards. It mainly focuses on the rules of the CISG as to the incorporation of standard terms and the duty to deliver conforming goods. Findings – The main findings of this study are as follows. First, the view that it could be applicable based on CISG Art. 3(2) cannot be supported because emotions associated with the purchase of goods cannot be separated from the goods and treated as an independent part of the contractual obligations. Second, depending upon a matter of interpretation of contract one must sometimes incorporate minimum ESG standards into contract if the parties should have known or were expected to know in international trade for the type of transaction in question. Third, the aspects of conformity under the CISG include not only the physical conditions of the goods but also non-physical conditions which are related to various aspects of ESG standards. And as the minimum ESG standards increase due to the recent trend of social conscious consumerism, it is unreasonable not to hold the seller liable for the goods manufactured processed in a manner inconsistent with the standards only because they can be resold in a market which may damage fatally the buyer’s commercial reputation. Originality/value – It may offer guidance to both practicing lawyers and business professionals who are considering entering the sales market, particularly those dealing with goods produced or manufactured in accordance with ESG standards. In addition, it may render us an insight to newly developed or developing rules in this area and show us how they interact with each other.

동인지 「창조」 「폐허」 「백조」 연구

이병문 광주보건대학 1990 論文集 Vol.15 No.-

Being stated above, we contemplated literary coterie magazines, CHANGZO (THE CREATION), PYEHUH (THE RUINS) and PAIKZO (THE WHITE TIDE), They played a great role o initiating korean modern literature of 1920's but, so far, they estimated only as several words that they made a great deal of a chievement in the history of Korean literature. But, at the moment of closing one century of Korean modern literature, we must review their roles and achievements. In this statement, I intended to help many people understand them and arrange the history of literature, through concrete study of those magazines. The staff of each magazine was consisted of 13 members, and total number of members reached into about 35. The staff of amgazines, whether famous or not, founded and published them from February 1919 to september 1923. They issued about 170 poems, 35 novels, 5 dramas, 30 critiques and 40 essays. The literary level of those literary coterie magazines were even more orthodoxical than that of enlightining literature era which was 10 years prior to them. So to say, even though, unlike western literature, they didn't have systematic trend or works of literature, they introduced realism, realism, naturalism and romanticism to korean literatrue. So, it is natural that some time themes of writers and works of that would be mada. That is task for us Korean literary groups. Considering their ages and environments, we could say that their achievements in Korean literature which was almost waste land are very great and hold, things. We must revaluate to study their spirits and endeavors and works concretely.

차세대 네트워크 환경에서의 VoIP(Voice over Internet Protocol) 서비스를 위한 서비스 게이트키퍼의 설계

이병문 京畿專門大學 2001 京畿專門大學 論文集 Vol.- No.29

The Internet Telephony(VoIP) Service enable to call between IP users including PSTN users over IP networks. Although VoIP service have been introduced in the market 6 years ago, it could not replace PSTN service the due to bad call quality. But nowadays The technologies of the IP Telephony has been evolved, and then call quality has been better, even the service. ITU, IETF and many vendors have been developed the advanced protocols and devices, which are H.323, SIP, MGCP, VoIP gateways, terminal, Gatekeeper, and so on. Therefore, VoIP systems have basic functionalities based on the call, but they are not enough to replace PSTN service. They still need security, advanced intelligent service, QoS, interface to other system such as UMS, CTI, eCRM and enterprise applications for better data convergency. This paper presents the design of the advanced VoIP infraservice and infrastructure for better service qualities. This paper propose some advanced intelligent service such as Private Numbering Plan, Advanced Call forwarding and Call screening, One number service, dual number service and so on. And also it shows up some flow charts as a call processing mechanism. And finally, it identifies the evaluation factors, in order to present the benefit of proposal.

통합시, 경남의 화이트홀 돼야

이병문 경남연구원 2010 경남발전 Vol.- No.109

박몰월시연구

이병문 광주보건대학 1991 論文集 Vol.16 No.-

I researched poetry of Park Mok wol in history of Poetry. He his poet from 20 to 60 years old. They say that his poetry is parted between 1930~1940. A.D and 1950~1960.A.D. They say that Park's poetry is strong in local color. But I would not like that it was limited by this point. Because, I don't know them only like that. Otherwise I know more in his early years than in his later years. Park's 40 years old was 1950s. From this time, he had his life with a great depth of feeling. I know that Park's Poetry came back to his early years. I think that he came about the time of accomplishing literary work. His Poetry is full with love and respect for his mother, relating to religion. He has made his peace with life in his early years. And that is honorable. Besides, that in his later years is the more honorable. It is later poetry that is famous for his early poetry. From religion and love of his mother, his philosophic view began on. After all, he succeeded in his poetry. At the next time, I will examine his christian poetry.

덴탈유니트의 핸드피스 및 초음파 치석 제거기의 미생물 오염에 관한 연구

이병문,김창회,김영수,Lee, Byung-Moon,Kim, Chang-Whe,Kim, Young-Soo 대한치과보철학회 1998 대한치과보철학회지 Vol.36 No.1

The risk of cross-contamination in dental clinic is very high. Those who are engaged in dental clinic are exposed to various microorganisms in saliva and blood of patient. Potential possibility of cross-contamination of patient to patient, patient to dentist, dentist to laboratory technician always exist, which is important in the view of public health. It is well known that microorganisms may cause cross-contamination by suck-back of microorganisms into the water supply line or air supply line of dental unit and sprayed back into the next patient's oral cavity. The majority of microorganisms coming from dental unit are water microorganisms from the main water supply which have colonized the tube within the units and multiplied in the relatively warm and stagnant conditions. The purpose of this study is to measure the extent of microbial contamination of dental unit and ultrasonic scaler, to evaluate that dental unit water supply is suitable for drinking water, and to assess the effect of flushing on reduction of microbial contamination of dental unit and ultrasonic scaler. In the first experiment, water samples(50ml) from 20 dental units and 10 ultrasonic scalers in Seoul National Univ. Hosp. were tested for the presence of coliform. The samples were filtered by membrane filtration technique.(Microfil system, Millipore Co. U. S. A.) The filter was then placed onto MacConkey agar plate and the plates with filter on it were incubated aerobically at $37^{\circ}C$ for 5 days. The colors and shapes of colonies were examined if those were coliform. To verify the presence of coliform, the colonies were inoculated into phenol red lactose broth and incubated aerobically at $37^{\circ}C$ for 2 days. The fomation of gas was observed. In the second experiment, water samples from 20 handpieces, 10 ultrasonic scalers and 30 A/W syringes after 0, 2, 4, 6 min. flushing respectively were taken. $200{\mu}l$ water samples were spreaded on Brain Heart Infusion agar plate and the plates were incubated aerobically at $37^{\circ}C$ for 5 days. The number of colony was counted. The results obtained were summarized as follows 1. The water from dental unit and ultrasonic scaler was not suitable for drinking water. 2. No coliform was founded in dental unit and ultrasonic scaler water supply. 3. The number of colony of dental unit and ultrasonic scaler was highest in the group of o min. flushing(p<0.05). 4. There was no statistically significant difference in the extent of microbial contamination among handpiece, ultrasonic scaler and A/W syringe (p>0.05). 5. The number of colony was lowest in the group of 4 min. flushing, but there was no statistically significant difference among 2, 4, 6 min. flushing groups.(p>0.05) 6. It is recommended to flush dental unit water line for 4 min. after use on each patient.

국제물품매매거래에서 소유권이전과 선하증권에 관한 연구

이병문 한국해법학회 2009 韓國海法學會誌 Vol.31 No.1

李陸史의 詩世界

이병문 광주보건대학 1982 論文集 Vol.7 No.-

As stated above, the author dealt with the life of Lee Yuk-Sa and his literary background, and besides his poetic world He was born at 881, Weon-Chon Ri, Do-San Myeon, An-Dong Goon, Kyeong-Buk in Apr. 4, 1904 by the lunar calendar and breathed his last in prison in Buk-Gyeong, China in Jan. 16, 1944(by the solar calendar). His name has nearly slipped from our memory, but a monument to the memory of Lee Yuk-Sa remains at the side of Nak-Dong river in his birthplace. It was erected in May 5, 1968. He lived away from his home all his life with the mind of the pursued and the body of the tired. He lived in the spirit of a classical scholar learned from the national traditions and the family precepts. And he was a national poet and a fighter for national independence against imperialist Japan. He complained against what was the racial anguish and prophesied the future of a nation. At last he was arrested and tortured by imperialist Japan many times, because he judged fairly the real conditions. He lived with his true heart and love to defend the country and the race, proclaiming imperialist Japan to be an invader, a plunderer, and a smuggler. There are two ways of poetic world realized through his life and literary background. In the first place, his poems are poetry of testimony in which contents of witness are strong, derived from the realistic states and the current thoughts, and it is prophetic poems that complain and set up against a colonial age. The second, his poems are also prophetic poetry that soothe the national anguish and foretell the future of a nation. Lee Yuk-Sa became a national poet and a fighter for national independence because he lived only in the spirit of a classical scholar. A milestone erected on modern literature by Lee Yuk-Sa is a pride of valuable and precious national literature, and the starting point of national literature.

TCP/IP 네트워크에서 동작하는 분산처리용 다중서버의 설계 및 구현

이병문 京畿專門大學 1998 京畿專門大學 論文集 Vol.- No.26

This paper present the multi server for a distributed processing over a TCP/IP network environment. Generally, server is classified as two classes, one is connection oriented server and the other is connectionless server. connection oriented server support reliable and robust service, but it has limit which does not support more than maximum connection depend on system. Therefore, when a lot of clients communicate with the server simultaneously, some clients wait until prior clients are completed. To overcome this, this paper introduce multi server model and implement a server model to communicate with many clients simultaneously.

CISG상 물품의 공법적 규제 적합성에 관한 연구 - 중국법원의 관련 판례를 중심으로 -

이병문,박미봉 한국무역보험학회 2018 무역보험연구 Vol.19 No.4

국제물품매매계약에 있어서 매매물품은 서로 다른 국가의 국경을 넘어야 하기 때문에 매매목적물이 어느 국가의 기준에 준하여야 하는가 하는 문제가 발생할 수 있다. 하지만 각국의 정치, 문화, 경제 등 발전수준이 서로 상이하고 동일한 제품의 품질에 관련된 소비자 보호, 노동 및 환경, 제조물 안전, 물품의 구성성분기준 등에 관한 법규에 일치하지 않을 경우 물품이 매수인국 또는 최종목적지국 또는 최종사용지국에 인도되었을지라도 통관이 거부되거나 사용이 불가하여 페기처분 해야 하거나 또는 시장가치가 전혀 없어서 전매가 금지되고 시장에서 유통이 불가하여 계약의 목적을 달성할 수 없는 문제가 발생할 수 있다. CISG는 이에 관한 명료한 규정을 두고 있지 않고 있어 문제로 지적되고 있다. 따라서 본고에서는 CISG상 매도인의 공법적 규제에 부합하는 물품의 인도의무에 관하여 학자들의 학설과 판례의 검토를 통해 공법적 규제기준의 적용원칙 및 예외원칙을 살펴봄과 더불어 중국법원의 관련 판례 분석을 통해 중국법원의 물품의 적합성에 관한 공법적 규제기준의 적용과 해석 원칙이 국제적 흐름에 부합하는지 여부를 고찰하도록 한다. This study addresses various issues related to which national sets of public law standards (e.g., product safety regulations, product liability, sanitation, labors, circumstances, sanitary and health standards) should apply to the goods exported under a cross-border sales contract from one country to another. This question arises particularly where those sets of public law standards are different among countries. As to this question it deals with the rules for the seller's duty to deliver the goods conforming to the public law standards under the CISG by examining scholars writings and case holdings. In addition, it attempts to investigate one of Chinese cases which deals with such question and evaluate its holdings in a comparative way to the position under the CISG.