FCA매매계약조건(賣買契約條件)의 정형화(定型化)에 따른 문제점(問題點)에 관한 연구(硏究)

최명국,Choi, Myung-Kook 한국무역상무학회 1990 貿易商務硏究 Vol.1 No.-

UNCITRAL의 해상화물운송협약의 예비초안에 관한 연구

최명국,Choi, Myung-Kook 한국무역상무학회 2003 貿易商務硏究 Vol.20 No.-

UNCITRAL considered a proposal to include in its work program a review of current practices and laws in the area of the international carriage of goods by sea, with a view to establishing the need for uniform rules where no such rules existed and with a view to achieving greater uniformity of laws. And UNCITRAL Working Party, as of April, 2003, is reviewing the UNCITRAL's Preliminary Draft Instrument which was originally prepared by CMI. As said above, the Preliminary Draft Instrument has a lot of improved provisions in relation to the scope of application, period of responsibility, obligations and liability of carrier, obligations of shipper and so on, but it has also some provisions which should be reconsidered in light of changed environments. Therefore, UNCITRAL Working Party has to prepare more complete and widely adoptable new uniform rules under the sufficient discussion.

산업설비수출(産業設備輸出)의 절차(節次)에 관한 고찰(考察)

최명국,Choi, Myung-Kook 한국무역상무학회 1995 貿易商務硏究 Vol.8 No.-

A Case Study on the Straight Bill of Lading

최명국(Choi Myung Kook) 한국무역상무학회 2004 貿易商務硏究 Vol.24 No.-

It is our common understanding that the carrier is bound to deliver the goods to the consignee named in a non-negotiable straight bill of lading without its presentation. But recently Court of Appeal, Singapore, held that "where a straight bill of lading is issued it is necessary for the bill of lading to be presented by the consignee to the carrier by sea in order to obtain delivery of the goods. A straight bill of lading, just like a bill of lading to order, confers title including the right to receive the goods mentioned on the bill of lading. Only the possibility of negotiation is excluded. The carrier by sea is liable where he delivers the goods to the consignee named in the straight bill of lading without delivering the bill of lading itself."

國際物品賣買契約에 있어서의 “書式條項不一致에 따른 紛爭(The Battle of Forms)”에 관한 一考察

崔銘國(Choi Myung-Kook) 한국무역학회 1988 貿易學會誌 Vol.13 No.-

ORGALIME의 Turnkey 契約用 標準約款과 FIDIC의 Silver Book과의 比較硏究

최명국(Choi Myung Kook),손수석(Son Su Seok) 한국무역상무학회 2004 貿易商務硏究 Vol.23 No.-

What can easily be concluded is that the Orgalime's General Conditions will be preferred by contractors to the Silver Book. However, it is probable that for some projects the Orgalime's General Conditions will not be acceptable to employers without significant amendment, particularly to such matters as design obligations, limitation of liability, force majeure and possibly the extension of time provisions. It is doubtful, however, whether the Orgalime's General Conditions will prove to be an alternative to the Silver Book. For projects for which the Silver Book was intended, the Orgalime's General Conditions will usually be unacceptable to employers and leaders. Notwithstanding this, the Orgalime's General Conditions is a welcome addition to the ever-growing suite of international contracts. And I strongly suggest that we must prepare our "General Conditions for Turnkey Contracts", etc. reflecting our law and practices as soon as possible.

國際貿易環境의 變化에 따른 1906년 英國 海上 保險法의 問題點과 向後 發展方向에 관한 硏究

崔銘國(Choi Myung Kook) 한국무역학회 1998 貿易學會誌 Vol.23 No.1

인코텀즈 2010의 주요 개정내용과 적용상의 유의점

최명국(Choi, Myung Kook) 韓國貿易商務學會 2011 貿易商務硏究 Vol.49 No.-

In this article, the author have studied on main revisions and some recommendations of the Incoterms? 2010. Main revisions are as belows. 1. Two new Incoterms rules -DAT and DAP- have replaced the Incoterms 2000 rules DAF, DES, DEQ and DDU. 2. New classification of the Incoterms? 2010 are adopted. First class is Rules for any mode or modes of transport(EXW, FCA, CPT, CIP, DAT, DAP and DDP belong to this class.) and second class is rules for sea and inland waterway transport(FAS, FOB, CFR and CIF belong to this class.). 3. Incoterms? 2010 rules formally recognizes that they are available for application to both international and domestic sale contracts. 4. The Guidance Notes and Introduction are not part of the actual Incoterms? 2010 rules. 5. Under the FOB, CFR and CIF, all mention of the ship's rail as the point of delivery has been omitted in preference for the goods being delivered when they are "on board" the vessel. 6. Incoterms? 2010 rules include the obligation to 'procure goods shipped' as an alternative to the obligation to ship goods in the relevant Incoterms rules. 7. Incoterms? 2010 rules give electronic means of communication the same effect as paper communication. 8. Incoterms? 2010 rules have allocated obligations between the buyer and seller to obtain or to render assistance in obtaining security-related clearances. such as chain-of custody information. Some recommendations are as belows. 1. The parties must incorporate the Incoterms? 2010 rules into their contract of sale. 2. The parties must choose the appropriate Incoterms? 2010 rules. 3. Specify the place or port as precisely as possible in their contract of sale. 4. Remember that Incoterms? 2010 rules do not give the parties a complete contract of sale. 5. Incoterms? 2010 rules do not prohibit alteration of Incoterms rule, but there are dangers in so doings. In order to avoid any unwelcome surprises, the parties would need to make the intended effect of such alterations extremely clear in their contract.

FIDIC의 DBO 프로젝트용 표준계약조건에 관한 연구

최명국(Choi, Myung Kook) 韓國貿易商務學會 2010 貿易商務硏究 Vol.46 No.-

The incentive and reasons to publish FIDIC Conditions of Contract for Design, Build and Operate Projects(DBO Form) are manifold. It is partly a response to the increasing need for sophisticated project delivery methods in both the public and private sectors and the already widespread use of the FIDIC Yellow Book with operation and maintenance obligations and partly a response to the challenge to decrease maintenance cost to a minimum by means of a new procurement route. As a result, FIDIC has developed a new model form to meet this market place requirement. On the other hand, FIDIC did not simply adapt the Yellow Book but has developed a new form from it, whilst preserving the style of the already known FIDIC Forms and maintaining the wording where it was not necessary to change it for the purposes of a DBO Form. Moreover DBO Form fills up supposed gaps in other FIDIC Forms and ameliorates the claim management and dispute management framework. FIDIC DBO approach may be shortly summarized as follows. First, DBO Form provides for single project responsibility. Second, DBO Form has the clear objective of ensuring the use of a most reliable and efficient technology at the lowest life-cycle cost. Third, DBO Form is intended to operate as an effective quality increase in the design and construction of projects. Fourth, DBO Form is intended to provide significant benefits with regard to system integration and reduction of risks. Fifth, DBO Form accelerates and enhances completion schedule compliance. Sixth, DBO takes care of all three supporting pillars of sustainability(including economical, environmental and social elements). DBO Form is obviously a good starting point for negotiations and the preparation of calls for tenders, thus saving the parties time and money. However, existing cultural and legal differences, particular local conditions and the particular needs of some branches of the industry may require the form to be adapted according to the particular needs of a project. And Civil law practitioners are strongly recommended to verify carefully the underlying legal concepts and background of each clause of the General Conditions in order to avoid unnecessary and sometimes unnatural changes and amendments being made. Note that when preparing the Particular Conditions ensure that terminology is consistent and that existing inherent concepts should not be ignored.

박노해 시의 항상성, 이원화된 세계인식

최명국(Choi, Myeong-Guk) 한국비평문학회 2013 批評文學 Vol.- No.50

본고는 박노해의 제4시집인 『그러니 그대 사라지지 말아라』를 중심으로, 그의 한결같은 시적 특성이자 방법론이라 할 수 있는 ‘이원화된 세계인식’이 구체적인 시 텍스트들 속에 어떠한 모습으로 형상화되어 있는지 살펴보는 것을 목적으로 하였다. 먼저, 박노해는 당하는 사회적 약자와 가해 세력인 자본·권력 계층으로, 계층 간의 거리를 설정한 후 전자에 대해서는 선하고 윤리적인 존재로 후자에 대해서는 부정하고 위선적인 존재로 각각 인식하면서 서로 상반된 가치 평가를 배열하고 있는데 이것이 첫 번째 이원화된 세계인식이라 할 수 있다. 다음으로, 박노해는 연속적인 단위인 시간을 과거와 현재로 분절시켜 덩어리 지은 후 각각의 단위 안에 긍정과 부정의 의미를 함의시켜 놓고 있다. ‘유년·학동기 시절’의 과거는 상부상조하는 공동체적 질서가 유지되던 따뜻한 시간으로, 현재는 그러한 공동체적 질서가 해체되어버린 타산적이고 냉혹한 시간으로 설정되어 있는데 이것이 두 번째 이원화된 세계인식이라 할 수 있다. 마지막으로, 박노해는 해체적이고 타산적인 삶이 이루어지는 공간인 문명ㆍ도시 공간을 불구적인 곳으로, 이에 비해 그동안 문명·도시적 가치와 질서에 의해 뒷전으로 밀려났던 생태공간인 자연은 생명력이 확산되는 곳으로 수식하고 있는데 이것이 세 번째 이원화된 세계인식이라 할 수 있다. 시적 특성이자 방법론이라 할 수 있는 이러한 이원화된 세계인식은 그 변화의 폭이 큰 시적 변모에도 불구하고 박노해 시의 항상성으로 자리매김하고 있는 것이 사실이다. The purpose of this study was to investigate how the “dichotomous world perception” of Park No-hae, which is his consistent poetic characteristics and methodologies, were embodied in his specific poetic texts with a focus on his fourth collection of poems, So, You, Don’t disappear. Park first sets some distance between the socially weak that are the victims and the capital and power class that is the offending group and makes opposite value evaluations between them, regarding the former as good and ethical individuals and the latter as dishonest and hypocritical ones. That is his first dichotomous world perception. Then he segments time, that is continuous units, into the past and present. As a result, he groups them each unit and implies positive and negative meanings in each unit. The past of “childhood and school years” is set as warm time when the community order of mutual aid was kept, whereas the present when the community order has been broken is set as calculating and heartless time. That is his second dichotomous world perception. Finally, he depicts the civilized and urban space where people lead a disorganizing and calculating life as a disabled place and nature, which is an ecological space that has been pushed back by the civilized and urban values and orders, as a place where life force spreads. That is his third dichotomous world perception. It is a fact that those dichotomous world perception, which is his poetic characteristics and methodologies, has become homeostasis in his poetry despite his large poetic variations.