• Title/Summary/Keyword: 대항력

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Consolidation of Protection for Lessees by Improvement of Opposing Power System of the Unregistered Housing Leases (미등기 주택임대차의 대항력 관련 제도개선을 통한 임차인보호 강화)

  • No, Hann-Jang
    • The Journal of the Korea Contents Association
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    • v.14 no.8
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    • pp.466-475
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    • 2014
  • According to the Housing Lease Protection Act, even though it is not registered, if the lessee has completed delivery of a house and the resident registration, the lease shall take effect against the third person from the following day thereof. Any lessee who has met the requirements for opposing power and obtained the fixed date on the lease contract document, shall be entitled to receive the repayment of the deposit from the converted price of the leased house, in preference to any junior obligors and other creditors, at the time of an auction as provided by the Civil Execution Act and a public sale as prescribed by the National Tax Collection Act. The lessee shall be entitled to receive a repayment of a specified amount of the deposit in preference to other persons having the security rights in the leased house. However those provisions give rise to many problems because the Housing Lease Protection Act allows the opposing power and the right of preferential payment from the following date of fulfillment of the requirement. For the purpose of solving the problems, this study suggests that the Housing Lease Protection Act need to be amended as follows. The fixed date should be added to the requirement of opposing power and the preferential right of specified deposit repayment. In addition, the commencement of opposing power and preferential right of deposit repayment need to be taken effect from the day that the requirement is fulfilled.

A Study for the Evaluation of the Force by the Wind on the Ship at Anchoring (실선계측을 통한 묘박중인 선박의 풍압력 적용에 관한 연구)

  • Jung, Chang-Hyun;Kong, Gil-Yong
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.15 no.3
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    • pp.223-228
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    • 2009
  • By the typhoon "MAEMI" in 2003, a lot of marine accidents such as stranding, collision etc. occurred to the vessels at anchor in "JINHAE MAN" which was considered one of the most safe sheltering anchorage in Korea. These accidents resulted from the dragging of anchor by the strong winds. It needs to compare the external forces with the holding powers of anchors to estimate if the anchor will be dragged or not. However, the calculation of the force by the wind on the ship, in particular, on the wind pressure area which changes by the swinging of her bow is not yet set on a thesis. Therefore, this paper verified that how many times the front wind pressure area should be applied to calculate the force by the wind on the ship at anchor by comparing and analyzing the numerical calculation with, the actual ship's data which was really dragged by the strong wind.

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VTS 해역에서 주묘 사례를 통한 주묘 위험성 판단 프로그램의 활용과 시스템 개선방안에 관한 연구

  • Im, Se-Uk;Ji, Min-Gu;Jeong, Chang-Hyeon;Kim, Ju-Seong
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2019.11a
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    • pp.1-3
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    • 2019
  • 최근 선박의 대형화, 태풍 및 돌풍 등 급격한 자연환경의 변화, 한정된 정박지의 과밀 등으로 VTS 해역에서 선박 주묘가 자주 발생하고 있다. 선박의 주묘를 예측하기 위해서는 기상 조건에 의한 외력과 선박의 묘, 묘쇄 등 대항력의 정확한 비교, 현수부 및 파주부를 고려한 주묘 발생 가능 시점 예측 등의 노력이 요구된다. 본 연구에서는 VTS 관제 구역에서의 주묘 사고 사례 분석을 통하여 주묘 위험성 판단 프로그램을 검증하고, 관제 시스템에서 활용을 위한 시스템 개선 방안을 제안하고자 한다. 향후 관제 시스템의 주묘 위험성 판단 기능 도입을 통하여 주묘 사고의 예방 및 조기 대응이 가능할 것으로 기대한다.

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Improvements about the Opposing Power of Tenant on the Housing Lease Protection Act (주택임대차보호법상 임차인의 대항력에 관한 개선 방안)

  • Park, Jong-Ryeol
    • The Journal of the Korea Contents Association
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    • v.15 no.7
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    • pp.193-202
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    • 2015
  • The Korean Housing Lease Act is special law of Civil Code and was enacted from March 5, 1981 as Law No. 3379 to guarantee the stability of residential life. And until January 6, 2015 there were 15 times revisions to protect the right of homeless people. However, it is true that many problems are exposed from enforcement. Because the processing without sufficient review of legislation. and it was enacted very quickly, so, at the part of opposing power that the Article 3 Paragraph 1 "if the housing tenant was delivered rental housing and finish the resident registration, from the day after even if the owner of the house was changed as third party tenant can resist with lease right". In addition, this provision made housing problems of the socially disadvantaged more seriously and the country did not made any way to protect this problems so many issues have been raised and a lot of disputes relating to Housing Lease. Therefore, in this paper derives a problem about opposing power of the Housing Lease Act for tenants of residential stability, and through the foreign legislation case, it propose the improvement to contribute to the residential stability realistically.

On Interfirm Power in the Department Store and Its' Women's Apparel Tenants in a Channel Distribution (백화점 입점 여성의류업체간 상호권력에 관한 연구)

  • Jung, Hyun-Ju
    • Journal of Global Scholars of Marketing Science
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    • v.7
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    • pp.375-390
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    • 2001
  • Currently the super power of department stores over their tenants has mentioned in Korean apparel newspapers very often. It may be the one that the government in fashion industry has not delved into the relationship between department stores and their tenants. The aim in here is to look at the conceptual framework of power based on the retail power oriented and to explain current issues with its theoretical backgrounds. Due to the inherent of retailer power oriented, this study involves not only in French and Raven's power sources but also in positioning power source that is the ability of allocating the location and adjusting size of the store. 235 samples are tested through Lisrel. The results of statistical analysis show that: The power of department store over that perceived by the tenant has negatively influenced countervailing power of the tenant upon department store. The coercive power sources of department store have positively influenced the power of department store over that perceived by the tenant while the non-coercive power sources have not significantly influenced on it. The countervailing power of the tenant has positively influenced the non-coercive power sources of department store perceived by the tenant. On the other hand, the countervailing power of the tenant has not significantly influenced the coercive power sources of department store perceived by the tenant. The implication of these results is that the retailer oriented power sources and its implements differs from the manufacturer oriented ones in the framework of power. A great deal more research is required in order that the relationship between department store and its tenants can be better understood.

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A Legislative Study on the Plans for its Improvements and Problems of the Lien in the Real Estate Auction (부동산경매에서 유치권의 문제점과 개선방안에 대한 입법론적 검토)

  • Jun, Jang-Hean
    • Journal of Legislation Research
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    • no.41
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    • pp.261-302
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    • 2011
  • A lien is the right to possession the thing until receiving repayment of its bonds in some cases that the property of other person or the occupant for marketable securities receive the bond that has occurred on that property or marketable securities. This has own purpose to break 'principle of creditor equality' to protect especially the bond of the subject occupant in terms of justice. These lien on our civil law come according to the law in prepared certain requirements. However, an incomplete real rights granted by way of security that does not have a preferential performance right or seniority on the exchange value of the object suffer from the problems a lot in the real estate auction process because of the feature that is not announced in the register unlike the mortgage. In addition, the lien of real estate is not lapsed in an auction process. There is no preferential performance righ in a positive law as providing that can oppose to the buyer(a successful bidder) until received repayment the secured bond price to be compliant with the lien(Civil Case Execution Law the 91st clause of Article 5). However, as asserted the super preferential performance righ to a buyer in real terms, acts as primary cause of breaking unexpected loss and according unfair law relation to a senior mortgagee and seizor, etc. and the principles of the creditors equality to the persons concerned in other words, the principles of justice. All of these issues are the establishment of the lien and theory conflict on the effects. In spite of the fluctuations of a real right about real estate is announced as a registration by the current law, only the lien come into unclear announcement means for possession. In addition, Civil Case Execution Law argument is caused by the adoption abernahmeprinzip about the lien (Civil Case Execution Law the 91st clause of Article 5). Therefore, this paper was examined briefly the significance and purpose, history and law-making examples of each country and the valid requirements and effect of the lien that is basic principle of law about the lien system above all. And then, it will be reviewed the improvement plan for de lege ferenda to improve the issues about this after reviewing the objection, theory and judicial precedent about opposing power and preferential performance right of the lien in the real estaKey Words : Lien, Oppose Power, Mortgage right, Preferential Performance right, Seizure, Real Estate Auction, Lien who can not Opposing against Successful Bidder, Lien who can Oppose against Successful Bidder, Possessionte auction that is a fundamental problem on requirement and effect of the lien.

Improvements for the Problem of Housing Lease Protection Act Article 3-3 (주택임대차보호법 제3조의3 문제점에 대한 개선방안)

  • Park, Jong-Ryeol
    • The Journal of the Korea Contents Association
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    • v.12 no.8
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    • pp.198-206
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    • 2012
  • The Lease Registration Instruction system that newly established in 4th opening a court of the Housing Lease Protection Act has regulated the following. After the lease expires, if finish the lease registering on the rental house to leaseholder who did not return the deposit. Previous opposing power and Priority Repayment Right are preserved intact. And after the leasehold registration, even if loss the claiming requisite of Housing Lease Protection Act's Article 3 Paragraph 1, already acquired opposing power and the Priority Repayment Right will not be lost. Thus, the tenants free to transfer its residences without anxiety. So it is focused on protecting tenant's rights who social and economic weak person. But in reality, did not return the expensive lease deposit. So, most tenants cannot transfer freely their residences. Or even if migration as completing the lease registration unavoidably by Lease Registration Instruction, they cannot receive their lease deposit as soon as possible, like this there are many problems. So, propose the improvement plan by this study.

A Study on Opposing Rights against Assignment of Receivables in International Trade (국제무역상 채권양도의 대항력에 관한 일고찰)

  • RYU, Chang-Won
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.74
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    • pp.25-54
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    • 2017
  • Among various export financing, Assignment of Receivables is very important. Various countries make use of this method. But Korean law system had shortage of International legal system. This paper looks into Opposing Rights on Assignment of Receivables relation to legal system. And this paper analyze not only detail Korean civil law system about Opposing rights on Assignment of Receivables but also comparative other International system. There are UNIDROIT Principles and United Nations Convention on the Assignment of Receivables in International Trade. Especially, Korean civil law system of Opposing rights on Assignment of Receivables compares UNIDROIT Principles system of Opposing Rights on Assignment of Receivables or United Nations Convention on the Assignment of Receivables in International Trade of Opposing Rights on Assignment of Receivables. In the context, This paper compares Korean civil law system about Assignment of Receivables with International standard rule about Assignment of Receivables. This is good for the commercial practice party in terms of financing and receivable assignment. Thus this paper will make direction to International Trade Practicer. There are argument on method of having an action or manual about international trade practice. The purposes of this are to examine revitalizing on Assignment of Receivables. And this paper deals with improvement of International Commercial Activation.

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안티 포렌식 기술과 대응 방향

  • Lee, Seok-Hee;Park, Bo-Ra;Lee, Sang-Jin;Hong, Seok-Hie
    • Review of KIISC
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    • v.18 no.1
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    • pp.11-19
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    • 2008
  • 최근 디지털 포렌식 기술이 발전함에 따라 안티 포렌식 기술 역시 그 대항력을 발전시키고 있다. 안티 포렌식 기술은 크게 데이터 삭제 기술, 데이터 은닉 기법, 데이터 변조 기술로 구분할 수 있다. 현존하는 다양한 형태의 안티 포렌식 기술을 설명하고, 현재 안티 포렌식 기술의 동향과 안티 포렌식 대응 기술을 간략히 소개하고자 한다. 이를 바탕으로 디지털 포렌식 수사능력을 증대시키고 디지털 포렌식 기술 발전 방향을 수립하는데 도움을 주고자 한다.