• Title/Summary/Keyword: 법/규정

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A Case Study on the Risk Sharing Structure of Service Contracts in Global Logistics Outsourcing: Comparison of Korea with Foreign Companies (국제물류 계약에서 리스크 공유에 대한 계약서 조항 사례연구 : 국내와 해외 기업 간 비교를 중심으로)

  • Kim, Jin-Su;Song, Sang-Hwa
    • International Commerce and Information Review
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    • v.15 no.1
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    • pp.35-65
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    • 2013
  • In December 2012, the Ministry of Land, Transport and Maritime Affairs and Ministry of Knowledge Economy held a commission and distributed a standardized logistics contract between the shipper and the logistics companies in order to spread and to promote contract standardization. With such background in place, this study examines the leading research on different types and attributions in present logistics contracts in order to propose guidelines for creating contract clauses that would lead to a win-win relationship among the parties involved in the logistics outsourcing relationships. This study further compares and contrasts the concreteness of local and international logistics contracts through case studies, and provides practical thought-provoking points on concretization of clauses on potential risks and additional expenses for local logistics companies when signing logistics contracts. Firstly, the composition and contents of both local and international logistics contracts are similar in the way that both deal with the basic principles between the concerned parties such as the following: contract terms, validity, scope of work, operational procedures, payment terms, and dispute resolutions. Secondly, for flexibility of potential dispute resolution, both logistics contracts define the definition of dispute and follow the classical contractual approach of dispute resolution through third-party arbitration. Thirdly, compared to local contracts, international logistics contracts provide more concretized and specific clauses on the occurrence of potential risks and hazards; on the other hand, compared to international logistics contracts, it seemed that local contracts contained more clauses in favor of the shipper. This research then suggests ideas to eliminate the classic tradition - logistics companies enduring the damages that occur as a result of the structural differences between the shipper and the logistics companies - through efforts to actively negotiate in advance the predictable problems and risks and by reflecting the mutually agreed points in the contract, and further offers guidelines on contract concretization for distribution of standardized logistics contracts in the future.

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A Legal Study on Safety Management System (항공안전관리에 관한 법적 고찰)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.1
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    • pp.3-32
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    • 2014
  • Safety Management System is the aviation industry policy for while operating the aircraft, to ensure the safety crew, aircraft and passengers. For operating a safe aircraft, in order to establish the international technical standards, the International Civil Aviation Organization has established the Annex 19 of the Convention on International Civil Aviation. As a result, member country was supposed to be in accordance with the policy of the International Civil Aviation Organization, to accept the international standard of domestic air law. The South Korean government announced that it would promote active safety management strategy in primary aviation policy master plan of 2012. And, by integrating and state safety programmes(ssp) and safety management system(sms) for the safe management of Annex 19 is to enforce the policy on aviation safety standards. State safety programmes(ssp) is a system of activities for the aim of strengthening the safety and integrated management of the activities of government. State safety programmes(ssp) is important on the basis of the data of the risk information. Collecting aviation hazard information is necessary for efficient operation of the state safety programmes(ssp) Korean government must implement the strategy required to comply with aviation methods and standards of the International Civil Aviation Organization. Airlines, must strive to safety features for safety culture construction and improvement of safety management is realized. It is necessary to make regulations on the basis of the aviation practice, for aviation safety regulatory requirements, aviation safety should reflect the opinion of the aviation industry.

A Study on Gardening Theories of Li, Yu in 'Xian Qing Ou Ji' (한정우기(閑情偶寄)를 통해 본 이어(李漁)의 조원(造園) 이론)

  • Zhang, Lin;Jung, Woo-Jin;Sung, Jong-Sang
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.36 no.3
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    • pp.137-148
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    • 2018
  • Li Yu's Xian Qing Ou Ji was written during the late Ming and early Qing Dynasty when material culture flourished due to the development of the commercial economy. Xian Qing Ou Ji is considered a retrospective work that reflects the rich material society at that time. This study focuses on his gardening theories through the interpretation and analysis of these two texts of 'Jushibu(居室部)' and 'Zhongzhibu(種植部)' in Xian Qing Ou Ji. The results are summarized as follows. First, he explained the method of garden configuration and orientation according to the topography utilizing the theory of 'suiting one's measures to local conditions(因地制宜)'. He emphasized the detailed understanding of topography as the starting point for all the gardening theories. It stated that he tried to adjust the height of the terrain artificially to create an ideal form of 'anterior high and posterior low(前低後高)'. The successful arrangement of houses, pavilions, rockery and waterways et al. was able to be achieved because of his accurate understanding of topography. Second, 'borrowing scenery(取景在借)' means 'borrowing the outside scenery to the inside'. He applied this theory by 'viewing in motion(動觀)' and 'viewing in repose(靜觀)'. 'Viewing in motion' is seen as a positive methodology for landscape enjoyment. For example, the view through a window changes with movements of the boat, and it can portray thousands of landscape paintings which can be seen through the windows. In the case of 'viewing in repose', the window is regarded as a means of attracting outside garden views to the inside. Third, he emphasized 'the firmness of objects(制體宜堅)', where the design of windows and railings must be considered ahead of others. Fourth, he interpreted the contents of 'the pursuit of novelty(創異標新)'. This generalizes the characteristics of his gardening theory. The contents included 'hall wall(廳壁)', 'variable sun visor(活?)', 'hanging boards and couplets(聯?)' and 'method of supporting vines with bamboo screen(竹屛扶植法)'.

The information of the businesses and the protection of information human rights (기업정보화와 정보인권보호)

  • 하우영
    • Proceedings of the Korea Institutes of Information Security and Cryptology Conference
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    • 2003.12a
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    • pp.543-559
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    • 2003
  • The information drive of the businesses requires new alternatives in that the promotion of business efficiency through information process technologies ends up conflicting with the protection of information human rights on laborers’side. Nevertheless, apathy on information protection has a tendency to be distorted by the efficiency of the businesses. Should the capital and mass media warn economic red lights, political circles with uneasiness would ignore the significance of information protection on the behalf of business efficiency. Therefore, the importance of information protection is considered a smaller interest than that of business efficiency with the infringements of human rights on laborers’side arising. Informatization of the businesses along with the developments of information process technologies has enabled the management to monitor and control the behaviors of laborers. This new problem needs to establish both information protection mechanism and institutional devices to regulate those labor controls. The security of business activity without human rights infringement warrants both basic rights of the public and spirit of the Constitution. The study suggests the establishment and revision of laws suitable to the period of information human rights. On top of that, the establishment of the basic law for information protection of individuals’with the common principle that integrates the related laws and rules on-off line is needed. This will warrant the active participation of labor unions and create specific alternatives for information protection.

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A Measure of Improvement of the Shell Egg Grading System (계란등급제 개선방안에 관한 연구)

  • Kim, Dong Jin;Lim, Sung Soo
    • Korean Journal of Poultry Science
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    • v.42 no.3
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    • pp.223-230
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    • 2015
  • Eggs are an important source of protein for the human diet. Consumers want fresher, more delicious and more sanitary eggs. In Korea, the Shell Egg Grading system (EGS) was employed in 2001. The portion of graded shell eggs has increased every year, but graded shell eggs account for only 6% of all eggs. The EGS should satisfy producers, distributors and consumers. However, the EGS does not have an official function because of many problems. Consumers cannot select various graded shell eggs in the market, and producers do not receive enough profit even though they produce top-quality graded shell eggs. There are few studies on the EGS, Therefore, this study was performed to improve the EGS. We surveyed the EGS, GP Centers and farmers. Large companies (farmers) are more satisfied than small companies with the EGS. There was a high tendency for the companies (farmers) that are not involved with the EGS to think that graded and ungraded shell eggs are similar, in contrast to the companies (farmers) connected to the EGS. We should have to change the grading system of grade shell eggs, establish of the cold chain system, change of the law for the school meals, minimize payment for the grading shell eggs for developing EGS. Based on this study, the egg industry can benefit through the improvement of the EGS.

Improvement of Personal Information Protection Laws in the era of the 4th industrial revolution (4차 산업혁명 시대의 개인정보보호법제 개선방안)

  • Choi, Kyoung-jin
    • Journal of Legislation Research
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    • no.53
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    • pp.177-211
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    • 2017
  • In the course of the emergence and development of new ICT technologies and services such as Big Data, Internet of Things and Artificial Intelligence, the future will change by these new innovations in the Fourth Industrial Revolution. The future of this fourth industrial revolution will change and our future will be data-based society or economy. Since there is personal information at the center of it, the development of the economy through the utilization of personal information will depend on how to make the personal information protection laws. In Korea, which is trying to lead the 4th industrial revolution, it is a legal interest that can not give up the use of personal information, and also it is an important legal benefit that can not give up the personal interests of individuals who want to protect from personal information. Therefore, it is necessary to change the law on personal information protection in a rational way to harmonize the two. In this regard, this article discusses the problems of duplication and incompatibility of the personal information protection law, the scope of application of the personal information protection law and the uncertainty of the judgment standard, the lack of flexibility responding to the demand for the use of reasonable personal information, And there is a problem of reverse discrimination against domestic area compared to the regulated blind spot in foreign countries. In order to solve these problems and to improve the legislation of personal information protection in the era of the fourth industrial revolution, we proposed to consider both personal information protection and safe use by improving the purpose and regulation direction of the personal information protection law. The balance and harmony between the systematical maintenance of the personal information protection legislation and laws and regulations were also set as important directions. It is pointed out that the establishment of rational judgment criteria and the legislative review to clarify it are necessary for the constantly controversial personal information definition regulation and the method of allowing anonymization information as the intermediate domain. In addition to the legislative review for the legitimate and non-invasive use of personal information, there is a need to improve the collective consent system for collecting personal information to differentiate the subject and to improve the legislation to ensure the effectiveness of the regulation on the movement of personal information between countries. In addition to the issues discussed in this article, there may be a number of challenges, but overall, the protection and use of personal information should be harmonized while maintaining the direction indicated above.

A Study on the Restructuration of Norm System in the Field of ICT for the Smart Media (Smart미디어시대 정보통신·미디어(ICT) 분야 규범체계의 재구조화에 관한 연구)

  • Ji, Seong-Woo
    • Journal of Legislation Research
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    • no.44
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    • pp.33-62
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    • 2013
  • In this paper, the consolidation of ICT basic legislation and ICT special legislation concerning "Ministry of Science, ICT and Future Planning" and "Korea Communications Commission" which came on the back of governmental reorganization in recent years is discussed in the theoretical and practical aspect. Development of "data communication technology" innovatively changed the method of livelihood of mankind, the emergence of network under global dimension provided financial social benefit and posed a challenge and a threat at the same time. Form digital revolution human kind can expect to receive many important blessings. Nevertheless, there are many advantages of development of technology by digital revolution, cyberspace like online media, internet etc. has realistically many problems that must be solved. To maximum positive aspects like the expansion of freedom of expression and creating plan of economy by the advance of transmission technology is needed. And to minimize side effects of informatization is required more. The First, Special Act on ICT has an adaptation in normative standardization to be fit in media convergence beyond convergence of broadcasting and telecommunications. Henceforth, there must be established a legal basis for the achievement of protection of economic evolution and freedom of speech in digital media, information, communication technology and content development. The second, the government action is to accomplish economic development and freedom of information in structural aspect of norm. Therefore minimizing normative problem by reorganization of organization remains clearly unresolved in politics. The third, Special Act on ICT must be basic law covering info-communications field, pay telecommunication and media contents field. The forth, from a technical point of view, net neutrality, conflict of interest for digital content and so on can be fixed easily. Special Act on ICT must not only pursuit of development of industry. Special Act on ICT and pursuit of enhancing quality of life of people and preparing program to promote democratization. From now on, we need to make powerful nation of information& communications technology and in information human rights protection field got to be one step ahead of others with reference to appear all the various aspects must be brought together in the discussion of legislation process of Special Act on ICT.

Study of silk lousiness (I) (견사 Lousiness에 대한 연구 (I))

  • 최병희;김낙정;박광의;남중희
    • Journal of Sericultural and Entomological Science
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    • v.3
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    • pp.1-11
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    • 1963
  • This treatise is to set up a fundamental condition of checking silk lousiness and to set up a new improving method of cocoon bave lousiness after super refining treatment. It is also studied whether silk lousiness can be eliminated through the observation of the silk gland, or the lousiness can be able to improve through such a study. The conclusions obtained in this paper are as follows. 1. Silk lousiness is able to be observed most properly when the light direction and the fiber direction are parallel in plan view of the silk cloth and the greater the angle between them is, the less the lousiness is observed. When, however, the angle is greater than some specific angle(30$^{\circ}$), no more lousiness is observed. This specific angle is named by the author as Lousiness Horizontal Critical Angle. 2. Silk lousiness can be observed when the angle of light incidence against the silk cloth is six degrees, while the larger the angle is, the less the lousiness is observed. When, however, the angle is greater than same specific angle(45$^{\circ}$) the lousiness disappears. Such a specific angle is named by the author as Lousiness Vertical Critical Angle. 3. The best textile composition to decrease lousiness defect is plan weave, while twill and satin weave show more lousiness with the same silk fiber. 4. Lousiness was classified as Lousiness A, B, ana C of which A was the general lousiness, B was the group type, and C was the glucose type and the standard photographs for the lousiness grading of these types were prepared. 5. The proper soap-refining hours of silk for lousiness test was eight hours. 6. The greater the difference of fiber diameter between the cocoon single bave and the splitend was, the more lousiness was composed. The normal splitends were measured as 1/4-1/5 of the main fiber. 7. The lousiness was found at the cocoon shape ends more than other parts, and found at the middle cocoon layer than other layer which was imagined to be as a result of poor uniform bave spinning of silk worm. 8. Female cocoon had more lousiness than the male cocoon. 9. It was found that there was a great possibility to have the splitends through the observation of the anatomical silkgland, and the author reached a conclusion that the lousiness can be improved to a certain degree only by the elimination of abnormal silk gland from the breeding aspects. 10. The cocoon bave of the offspring after super refining lousiness test and selection showed more improved lousiness defect than that of the parents.

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Development of an Appropriate Deposit-Estimation System for Restoration of Land-Use-Changed Forest Lands Using the Delphi Technique (델파이 기법을 활용한 적정 산지복구비 산출체계의 개발)

  • Koo, Kiwoon;Kweon, Hyeongkeun;Lee, Sang In;Kwon, Semyung;Seo, Jung Il
    • Journal of Korean Society of Forest Science
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    • v.110 no.4
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    • pp.630-647
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    • 2021
  • We determined the current problem of the restoration deposit-estimation system, stipulated by the Mountainous Districts Management Act, using the Delphi technique. Consequently, we proposed a standard model for forest land restoration to derive a reasonable deposit-estimation system. With the result of the Delphi survey, the inappropriateness of land-use type and slope gradient classifications was shown; the insufficiency of standard works was a significant problem in the current system. A way to solve these problems was devised, to reorganize the current land-use type into the subject of the site. The specific subjects included the following: (i) to permit or report forest land-use change and temporary use of forest land, (ii) to report temporary use of forest land, (iii) to permit stone collection or sale for mineral mining, and (iv) to allow sediment collection. The current slope gradient subdivision into (a) θ<10°, (b) 10°≦θ<15°, (c) 15°≦θ<20°, (d) 20°≦θ<25°, (e) 25°≦θ<30°, and (f) θ≧30° and the reorganization of 17 standard works into 22 standard works were deemed as solutions, along with seven additional works. We developed 24 standard models for the forest land restoration project based on the aforementioned results. The deposits estimated by these models ranged from 34,185,000 (Korean) won to 607,403,000 won. If additional works, premiums, discounts, and supervision fees are added to the models, the deposit increases to an estimated 668,143,000 won subject to permission for stone collection or sale and mineral mining. Experts agree on the distribution of the restoration deposits estimated by these models at a high level in the Delphi survey. Our findings are expected to contribute to securing the appropriateness of the restoration cost deposited for the smooth performance of the vicariously executed restoration project.

Latitude within Judgement and Virtue (판단력과 덕 그리고 활동여지)

  • Kim, Duk-soo
    • Journal of Korean Philosophical Society
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    • v.142
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    • pp.1-25
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    • 2017
  • Kant's doctrine of virtue shows how an actor should behave morally in an individual situation with moral law defines the limits of human action. There is latitude for action in the course of formulating the maxims of action by an actor. And moral judgement, as Aristotle's Pronesis, is very important in the latitude for action. In the doctrine of virtue, Kant suggests two kinds of duty of virtue: one's own perfeciton as an obligatory end, and the happiness to others as an obligatory end-and raises the question of casuistics for each. However, this was the practice and training for the human moral life by application of the moral law. In particular, Kant saw that ethics does not give laws for action, but only give laws for the maxims of action, and further intended to realize the practice in a proper way of seeking truth through casuistical questions. Thus, Kant points out that the casuistic is related only to ethics in a fragmentary way and is added to ethics only as a comment on the system. According to Kant, virtue and judgment are inevitable to apply categorical imperative in the empirical and realistic world. In other words, virtue and judgment are necessary to enable people who are likely to act in accordance to inclination to live a moral life in accordance with the command of reason. Thus Kant saw that in order to take wide duty into narrow ones, human beings must not only have to cultivate virtues as a strong power of will, but also to exercise judgment. In addition, the distinction between duty of law(narrow obligation) and duty of virtue(wide obligation) is dependent on whether there is a latitude for action in the application of both duties. So the role of virtue and training of judgement is very important in the latitude for action that occurs in the process of formalizing actor's maxims. In detail, as the duty is wider, so man's obligation to action is more imperfect, but the closer to narrow duty(Law) he brings the maxim of observing this duty(in his attitude of will), so much the more perfect is his virtuous action. Thus, it was an effort to show how Kant's best moral principles, that is categorical imperative could be applied to the real world at the time of criticism. Of course, even if it is difficult to assess Kant's efforts as successful, criticizing Kant's ethics as 'formal', 'abstract', or 'monologous' is not persuasive because of critics did not understand his ethics as a whole.