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정재곤(Jung, Jae-Gon) 중앙대학교 법학연구원 2011 法學論文集 Vol.35 No.1
It is not too much to say that the trade insurance system has played an important part in export promotion and economic growth. The role of the trade insurance institution accredited internationally has been getting more important since the WTO was in execution. Recently the various type of insurance accidents increase with the increase in the actual results of trade insurance charge and the increase in the rate of insurance accidents, the legal confliction between a person insured and underwriter frequently happens around us. In order to keep up with the rapidly changing needs in today’s trading environment, the Korean government has recently announced that it will amend laws establish systems to build the infrastructure for international trade. This article is a study of the legal relations on the contract of trade insurance. Especially this study concentrates on the duty of a person insured and underwriter. Underwriter has the duty of delivery and statement of insurance agreement and the duty to give information of the insurer and so on. A person insured has the duty of disclosure and the duty of damage prevention and the duty of recovery and so on. The contract of trade insurance differs from the contract of the commercial code. Because the partners of the contract of trade insurance are all entrepeneur, the commercial code 663 is not given in the contract of trade insurance. Eventually the agreement between a person insured and underwriter is more important than the commercial code.
정재곤 ( Jae Gon Jung ) 법과사회이론학회 2011 법과 사회 Vol.0 No.40
This article Makes a study on the legislation and reform measure of compliance officer. The company`s system of internal control has the key role in the management of risks that are significant to the fulfillment of its business objectives. a sound system of internal control contributes to safeguarding the shareholders` investment and the company`s assets. The internal control system in korea is similar to COSO framework. Generally an internal control is a process to provide resonable assurance regarding the effectiveness and efficiency of operations, the reliability of financial reporting, and compliance with corporate policies and legal rules. To begin with, study points out as the basic principle that a corporation needs a different system from that of a financial company since they have different intrinsic attributes. The detailed assertions of the article are as follows. First, when The Ministry of Justice makes the enforcement ordinance of the commercial law, it is hoped that they will consider the situation of the small and medium listed company. Second, when The government revises the commercial law in the future, it is hoped that they will consider the amendment that this article presents. Finally, the internal control system had better be obligated not by a statute but by a more flexible rule.
정재곤(Jae Gon Jung) 중앙법학회 2011 中央法學 Vol.13 No.2
In these days, the freight is generalized the multimodal transportation characterized by ``the door to door through transportation using container`. Therefore, the need for the legislation of nationwide level on multimodal transportation can be found in practical demand for improvement legal stability between consignor and carrier. This dissertation examines the problems of international convention and present law, and then considered legal issues focusing amendment bill suggested by government. First, the limit of liability of freight forwarder is set in accordance with international convention and business practice, such as FIATA B/L. But in case of the main multimodal transportation section are composed by air or land transportation, beside marine, it is needed to adjust the limit of liability of freight forwarder for the sake of protecting the consignor. Second, To the liability of actual carrier or independent contractor, as a performing party of freight forwarder, it is needed to provide Himalaya clause that enables to claim the limit of liability of freight forwarder like business practice. If the provision of limit of liability of freight forwarder is enacted to enforce international regulation, it is suggested that its intent has to be specified in that provision to avoid an interpretation dispute. Third, given rapidly changing environment of transportation, there is need to modify land transportation provisions under present『COMMERCIAL CODE』. For example, it requires further examination on the need to introduce liability limit of land carrier like Commercial law in Germany.