ICC DOCDEX 제도에 관한 연구

우성구(Seong-koo Woo),김재명(Jae-myeong Kim) 한국국제상학회 2005 國際商學 Vol.20 No.3

The ICC system for DOCDEX, which came into effect on October 1, 1997 and was revised on March 15, 2002, was established to facilitate the rapid and cost effective settlement of disputes arising under UCP, URR, URC, or URDG. The DOCDEX is a private, document-based, expert-based, and nonbinding dispute resolution mechanism option to international litigation and arbitration for documentary instruments dispute. If the parties wish to increase the enforceability of any DOCDEX decision, they may specify in advance that the DOCDEX decision will be legally binding between them. The request for the DOCDEX decision must be accompanied by the payment of the non-refundable standard fee of US$5,000 only. Upon receipt of a request, the International Center for Expertise will appoint three independent experts from a list maintained by the ICC Commission on Banking Technique and Practice. The DOCDEX Experts' Panel remains anonymous. In the DOCDEX procedure there are no hearings. In most instances, the parties can expect to have a final DOCDEX decision from six to twelve weeks after the Center has received the request. The decision of an Experts' Panel is issued in English(unless the appointed experts decide otherwise) by the Center as a DOCDEX decision. In my personal opinion, it is likely in any event that any court and arbitral tribunal called upon to hear a case involving documentary instruments would give great weight to any DOCDEX decision introduced into evidence.

항해용선계약에서 체선료와 부적운임에 관한 판례 분석 - Johnny K호 사건을 중심으로

우성구(Seong-koo Woo),한낙현(Nak-hyun Han) 한국국제상학회 2007 國際商學 Vol.22 No.4

In the Johnny K, the owners claimed demurrage and deadfreight on the basis of the cargo shortfall. The arbitrators found that the berth at which the vessel loaded was controlled by the shippers, and that the vessel sailed on orders from the terminal/port authorities, but they did not make a precise finding on the question by whom the order to leave the berth had been given. They found that the vessel had been ordered to sail in order to avoid being neaped, and held that there was no failure by the charterers, or those for whom they were responsible, to make a full cargo available for loading. They concluded that the charterers could not be held liable for the instruction to vacate the berth given by the port authorities. They accordingly dismissed the owners" claim.<BR>  This case was an appeal to the High Court under section 69 of the Arbitration Act 1996 by the owners of the vessel against an arbitration award dismissing their claim for deadfreight against the charterers.

국제해상운송에 있어서 해상안전의 확보방안에 관한 연구

우성구(Seong-Koo Woo),한낙현(Nak-Hyun Han) 한국해양비즈니스학회 2010 해양비즈니스 Vol.- No.15

Since the 9/11 attacks, whenever there is a significant terror attack anywhere in the world. Yet, when pirates attack, very little is mentioned and it goes unnoticed unless the scenario makes for a good news story. Even so, like today’s terrorist, pirates are organized. They too utilize current communications technologies and benefit from an organized logistics and supply chain. Piracy in shipping is a current shipping problem. It is an act of boarding or an attempt to board a ship with the intent to commit theft or the intent or capability to use force in the furtherance of that act. Piracy in shipping includes the acts of armed robbery, theft and hijacking against a ship. Unlike safety accidents which are unintentional, piracy incidents are intentional. Terrorist incidents are also intentional. However, piracy and terrorist incidents differ in that the focus of the former is theft, while that of the latter is damage to property and/or injury to individuals for political reasons. Maritime piracy and terrorism at sea are both from of violent interference with shipping. Their reach and negative impact on sea transportation, safety of navigation and marine environment, as well as the threat they poses to human lives and property. The international organization and each countries build their own security systems and plans to prevent from maritime terrorism and piracy, and make sure the safety in the global trade system. Accordingly, this study covers the regulation of maritime international law that is related to maritime terrorism and piracy, which is issued in the problems of maritime international law and the countermeasures. Also, it shows some ideas of the international criminal law, concerned with the maritime terrorism and piracy

해상보험계약에서 인과관계 이론과 손해 배상책임의 문제점에 관한 고찰

우성구(Seong-Koo Woo),한낙현(Nak-Hyun Han) 한국관세학회 2008 관세학회지 Vol.9 No.3

A contract of marine insurance is a contract whereby the insurer undertakes to indemnify property loss of the insured caused by insured event. It is evident that a contract of marine insurance is a contract of indemnity. Some fundamental problems on essence of marine insurance contract is rising as practical problems. The reason is because some system of marine insurance is not directly applied in certain circumstances. Before proceeding to consider the insurer’s liability, it is necessary for a clear understanding the contracts. This theory is expressed in the well-known causation. In the case that an insurer covers indemnity, there is a need for a definite causation between the perils covered and the loss. The reason why the theory of causation in marine insurance contract is important to find out the real cause for the loss in determining the marine insurer’s liability when the perils insured against and excepted risks are concurrently or consecutively related to the loss. The purpose of this study is to analyze problems of the theory of causation and the indemnity in related to the marine insurance contract.

신용장부화환어음의 만기산정에 관한 연구

우성구(Seong-koo Woo) 한국국제상학회 2005 國際商學 Vol.20 No.4

Nowadays considerable volume of international business transactions are settled by documentary drafts under credit transactions. On the subject of drafts and calculation of maturity date, the ISBP provides in sub-paras 45~58, but UCP-500(hereinafter refers to UCP) is silent. The ISBP is a practical complement to the UCP. Under the methods of research adopted here, the aims of this study are to find out how the maturity dates of drafts are to be calculated and applied in documentary credit transactions. The legal principles of drafts will be hidden themselves behind the doctrines of documentary credits. Therefore, the tenor of drafts must be in accordance with the terns of the credit, and the maturity dates must have been calculated in accordance with the requirements stipulated in the ISBP. But it must be noted that for documentary drafts drawn at sight or at a fixed period after sight under credit transaction, the sight date runs from the date the documents are determined to be in order. By using the results of this study, it will be expected to reduce the number of documentary drafts dishonoured by banks.

[국제무역결제]화환신용장의 M/L 약관에 관한 사례연구

우성구(Seong-koo Woo) 한국국제상학회 2004 國際商學 Vol.19 No.4

On the subject of More or Less Clauses, the UCP-500 provides in sub-Articles 39(a, b, c), 37(b) and the ISBP 53, 68, 69, and 70. The ISBP is a practical complement to the UCP-500 Under the methods of research adopted here, the aims of this study are to find out how MIL Clauses are to be applied and interpreted in documentary credit operations. By using the result of this study, it is expected to reduce the number of documents not accepted by banks for the discrepancies on first presentation, and also to fill a needed gap between more or less clauses and the daily work of the documentary credit practitioner.

ICC DOCDEX 사례로 본 화환신용장부 상업송장기재사항의 수리적격성

우성구(Seong-koo Woo),김재명(Jae-myeong Kim) 한국국제상학회 2006 國際商學 Vol.21 No.2

  This study is to review the acceptable requirements for the descriptions stated in commercial invoice under documentary credits focused on ICC DOCDEX decisions.<BR>  The ICC DOCDEX system is a mechanism to resolve disputes that arise under documentary credits. The requirements of commercial invoices under documentary credits are stipulated in sub-Articles 37(a)(b)(c) of UCP 500 and in Paras. 59-72 of ISBP. These stipulations are supported by a number of ICC DOCDEX decisions. According to the decisions, the description of goods in the invoice must correspond with the description in the credit. However, there is no requirement of a mirror image that the description must be exact or limited to that stated in the credit. Therefore, if any (extra) information which has been added to and/or omitted from the merchandise description of the invoice does not change the nature of the goods, such information cannot be considered as a discrepancy.<BR>  By using the results of this study, it will be expected to reduce the number of commercial invoices not accepted by banks or applicants under documentary credits.

경피 간침 생검후 혈종발생에 대한 압박 및 비압박 안정의 영향

손수인(Soo In Sohn),강영우(Young Woo Kang),허정욱(Jung Wook Hur),안성훈(Sung Hoon Ahn),박승국(Soong Kook Park),우성구(Seong Koo Woo) 대한내과학회 1991 대한내과학회지 Vol.41 No.2

N/A Percutaneous needle biopsy of the liver is known to be a commonly utilized and safety procedure that can be performed at the patients bedside. But the compression of the biopsy site makes the patient uncomfortable, on the other hand intrahepatic or subcapsular hematoma formation could be serious and a life threatening complication. Recently, real-time ultrasound technigues have been used for early detection of such complication. We compared blood pressure, pulse rate and hematoma incidence between the compression group (45 patients) and the noncompression group (49 patients) after percutaneous liver biopsy. The results were as follows: 1) Intrahepatic hematoma developed in one case in each group and their diameter were less than 10 mm. 2) There was no significance in hematoma incidence between the 2 groups. 3) There was no significant difference in blood pressure and pulse rate between the two groups. In conclusion, we think that noncompression after percutaneous liver biopsy is a safe method.

췌장의 간흡충증

임재훈(Jae Hoon Lim),고영태(Young Tae Ko),서수지(Soo Jhi Suh),우성구(Seong Koo Woo) 대한소화기학회 1991 대한소화기학회지 Vol.23 No.2

Four patients with pancreatic clonorchiasis vere examined with endoscopic retrograde pancreatography. Each of four cases showed diffuse irregular dilatation of tributaries of the pancreatic duct in the pancreatic tail. The main pancreatic duct and tributaries draining into the body and head portion were not dilated in three cases. Sonogram from a patient showed diffuse enlargement of the pancreas, especially the tail. All four patients showed typical cholangiographic findings of hepatic clonor- chiasis, namely diffuse peripheral intrahepatic bile duct dilatation with no or minimal dilatation of the extrahepatic duct. When the tributaries of the pancreatic duct in the tail of the pancreas are diffusely dilated, in the appropriate clinical setting, pancreatitis caused by Clonorach.is sinensis should be considered.

中國에서 信用狀詐欺에 대한 關係當事者別 救濟에 관한 硏究

禹盛九,孫成文 경남대학교 산업경영연구소 2000 産業經營 Vol.26 No.-