• 발명특허
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• v.22 no.2 s.251
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• pp.33-37
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• 1997

인도네시아는 아시아의 개발도상국중에서도 성장 잠재력 및 잠재적 시장규모가 큰 자원 및 인구부국으로서, 우리 기업의 진출 및 교역이 급속히 신장되고 있는 점을 감안할 때, 우리 기업의 인도네시아에서의 특허권 보호 문제는 향후 그 중요성을 더해 갈 것으로 예상된다. 보편성 및 국제성이 강한 특허법의 성격상 인도네시아 특허법의 기본 골격 역시 우리 특허법을 비롯한 선진 제국의 특허법과 크게 다를 바 없으나, 속지주의 원칙 및 개발도상국이라는 인도네시아의 특성상 그 구체적인 규정 및 제도에 있어서, 우리 특허법과는 다소간의 차이가 있으며, 이러한 관점에서 인도네시아의 특허 제도를 개괄해 보고자 한다.

• Korea Trade Review
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• v.42 no.2
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• pp.29-52
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• 2017

This research employed a comparative legal analysis to explore the rules of CISG, Incoterms 2010, Chinese Contract Law, and Korean Civil Act with precedent researches and present customs in the international sale of goods. The results of this study show that there are some differences in the provisions of seller's delivery obligation to those regulations, such as the time and place of delivery goods, the conformity of goods on the contract, and delivery of documents. Therefore, the parties of contract, especially between Korean and Chinese traders, must be aware of the differences in the provisions of those selected regulations in order to reduce disputes between them, out of or in relation to or in connection with their sales contract.

• Strategy21
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• s.45
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• pp.5-32
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• 2019

The paper introduces US Indo-Pacific Strategy and discusses its meanings and implications for international security and our strategy. It tries to look at the Indo-Pacific strategy(IPS) through the lenses of international political theories. The paper provides three important observations. First, the US Indo-Pacific strategy is a declaration of the national identity of the US as an Indo-Pacific nation. The paper argues that the IPS reflects the US leadership that would facilitate the formation of, so called, the Indo-Pacific community. In arguing these points, the paper notes that the IPS has rich elements of constructivist approaches including norms and national identity. Second, the paper observes that the IPS report serves as an effective deterrent strategy. The IPS does not call out China as an enemy. But, it tries to deter against a range of actors including China by warning that whoever violates the rules-based order in the region would have consequences. Third, the paper maintains that the IPS is an effort by the US to mitigate the risk of a great power war between the US (an established power) and China (a challenging power) because the IPS articulates the United States's willingness to work with China as long as it plays by the rules. There will be challenges to the US and other countries in the region including South Korea particularly because of economic interdependence. However, the paper argues that the IPS stands for an optimistic sign of the future security in the Indo-Pacific region because it is a manifestation of the US for its national will to defend the status quo characterized as Pax Americana which has been maintained since the end of the Second World War. It also argues that South Korea also can, and should make the most of this opportunity by enhancing our capacity in national defense.

• 해운
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• no.1 s.12
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• pp.14-20
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• 2005

국내외 해운환경은 하루가 다르게 변하고 있다. 2005녀에도 전년도에 못지않게 국내외 해운관련 제도 및 협약, 그리고 주변여건들이 크게 바뀐다. 다음은 금년에 달라지는 국내외 각종 제도 및 여건 등을 정리했다.(편집자 주)

• Journal of Legislation Research
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• no.53
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• pp.455-489
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• 2017

The new system on the Corporate Social Responsibility(CSR) in the Indian Companies Act became overnight sensation to the worldwide. However there has been very few studies which are analyzing a purpose of it under the context of Indian societies. This paper examines the circumstance whether the CSR activities is functioning well or not. And verifying problems regarding it and suggesting supportive measures are a target of this paper. Though Indian government already established CSR legislation, they did not stipulate the penalty clause. And that became why corporations were poorly perform on CSR activities in first year of enforcement. Furthermore, There is a proclivity that corporations lack an understanding for which activities could be recognized into the CSR. And they excused that they had no time for themselves to adjust an abruptly changing business landscape. With all, unlike rosy expectations, corporations only showed little interests to the area where the investment or attentions from the media are expected. Fortunately, incumbent legislative is fully aware of it and exploit their best resources to various social fields. Despite the doubts that they originally did not have any intention to introduce the penalty clause, they are handling problems in ways that corporations can be invited in public programs. They also need to request the service sectors to take a leading role of it, which could provide the financial, or telecommunication service to the people in rural province. Thus, the fact that there was a substantial rise in terms of the amount of CSR expenses in 2015 provides a supporting evidence to the endeavors of the government. In doing so, we could finally achieve a better understanding of two-fold goals shown in this paper; maturing settlement of this legislation and development of Indian society.

• Maritime Security
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• v.3 no.1
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• pp.115-140
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• 2021

The South China Sea is a significant maritime shipping route with abundant submarine and fishing resources. Over 40,000 ships pass through the South China Sea every year, constituting around 50% of global shipping and 66% of crude oil. In particular, 30% of Korea's import cargo and 90% of energy imports pass through this body of water. The US and China realized the significance of this sea area from early on and are embodying national interest through maritime security at the national strategic level by implementing the 'Indo-Pacific' and 'One Belt One Road' strategies, respectively. Such geopolitical conflicts are manifested in the 'freedom of navigation operations' by the US in the South China Sea. Despite its significance, there is a lack of studies in Korea on the freedom of navigation operations, and most previous studies only focus on analyzing international law and agreements. This article examines the origin and background of the strategic perception of the freedom of navigation operations and derives implications for the peace and security of the Korean Peninsula as the strategic competition between the US and China continues.

• Korea Trade Review
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• v.42 no.6
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• pp.1-25
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• 2017

This is a comparative and analytical study which comprises of the analysis of the rules of the seller's liability for non-conforming goods of four legal systems under the CISG and the CESL. A purpose of this study is to examine all the rules as to, first, the concept and the nature of the seller's duty to deliver the goods in conformity with the contract, second, the contents of the seller's duty to deliver the goods in conformity with the contract, third, the time when the goods must be in conformity with the contract and the cases where the seller is exempted from his liability for non-conforming goods. Another purpose is to compare the rules of the CISG with those of the CESL, and to evaluate them in light of the discipline of comparative law. This is for the purpose of facilitating the systematic development and reform of one jurisdiction by any solution from the other jurisdiction found by the comparative study. In addition, this study provides legal and practical advice to the contracting parties when they intend to use one of those regimes in their contract as a governing law.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.2
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• pp.41-68
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• 2011

This article deals with the current rules of law of air warfare and its surrounding issues on precautionary action by a military aircraft at air-to-air operation in international armed conflict. However there is no separate and independent legal system to regulate warfare in aerospace in the current system of law of war (or law of armed conflict). In other words, law of air warfare does not exist in a form of a separate treaty. Air warfare has been regulated by international customary law and the relevant provisions in different Conventions, including 1949 four Geneva Conventions and two Additional Protocols, which mainly regulate land and naval warfare. And this makes difficult to make clear a legal term or legal tests on an issue concerned with law of air warfare, which concludes from time to time a dispute on interpretation and implementation of law of air warfare between states. Therefore, this article refers various materials (including 1949 Geneva Conventions and Additional Protocols, San Remo Manual, Harvard Manual, and ICAO Manual on Interception of Civilian Aircraft) for the purpose of defining the current and desirable legal test on precautionary action by military aircraft. In addition to the main purpose of this article, this article tried to show a characteristic of developing mechanism of law of air Warfare taking into account interactions between international air law and law of air warfare.

• Journal of the Korean Society of Marine Environment & Safety
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• v.19 no.2
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• pp.179-185
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• 2013

UNCLOS recognizes the right of innocent passage in the ocean but grants jurisdiction and governance to the state of the flag the vessel flies. However, by granting the right to determine vessel's nationality to each country in UNCLOS and by practically consenting inconsistency with the ownership and the state of flag has made the keeping of maritime order quite difficult. Especially, acknowledging the exclusive rights of the flag state on criminal jurisdiction hinders the owner state from exercising its rights and exposes the problem of not taking into account the opinion of the affected state party. This study addresses these issues and examines international regulations on vessels and flag states, mainly UNCLOS, and provides case studies on how criminal jurisdiction is determined when accidents occur at sea. Furthermore, it takes a deeper look into the mutual assistance system in criminal matters and proposes some alternatives on how to overcome these issues.

• Journal of the Korean Geographical Society
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• v.40 no.6 s.111
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• pp.631-652
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• 2005

This study is to clarify regional structure and connection of international physical distribution through clearance depot of Cheongju customs of inland location. The trade of clearance depot of Cheongju customs industrial characteristics reflects of territorial hinterland. As origins and destinations of freight as exports and imports region, territories of Cheongju customs trade mainly with Japan, China, and USA. Origin and destination of freight of Cheongju customs territory are hinterland and foreland of Incheon International Airport and Busan port. In case of export, foreland of Busan port is board, and in case of import, the hinterlands of Incheon International Airport and Busan port are similar. Clearance depot of inland-located Cheongju is construct by the advantages of rapidness and inexpensive cost. And the kind of freight and system of physical distribution of each enterprise show different characteristics. For each export and import freight, each shipper corporation has its own physical distribution system, and structure of international distribution is classified into export pattern of bonded industry and bonded warehouse. Again the patterns of bonded warehouse are distinguished free on board price system with division of labor in base of production in overseas, free on board price system, and cost-insurance-freight with division of labor in base of production in overseas. These Phenomena are caused by transaction between headquarter and its overseas corporation, initiative freight handling of export corporation, choice of inexpensive cost, and international convention.