• Title/Summary/Keyword: 승인 절차

Search Result 170, Processing Time 0.026 seconds

A Study on Recognition of Foreign Judgements Obtained by Fraud (사기에 의하여 취득한 외국재판의 승인에 관한 연구)

  • Lee, Hun-Mook
    • Journal of Legislation Research
    • /
    • no.53
    • /
    • pp.553-591
    • /
    • 2017
  • This article discussed whether so-called 'foreign judgments obtained by fraud' is in breach of public policy provided in Article 217(1)(3) of Civil Procedure Act and, if so, what the specific requirements could be. The summary of the conclusion is as follows. The 'foreign judgments obtained by fraud' is against the municipal procedural public policy and then shall not be recognized. In this regard one more question comes up whether reviewing if 'foreign judgments obtained by fraud' is in breach of the municipal procedural public policy is allowed in consideration of the principle of prohibition of $r{\acute{e}}vision$ au fond. Since the principle is applied entirely in the course of the above reviewing, it is allowed only when it does not breach the principle. The two instances that the reviewing is allowed are where the defendant was not able to produce evidences of fraud during foreign procedures and where the defendant's claim of fraud without evidences was rejected by the foreign court and then evidences of fraud were found after the foreign procedure was completed. On the other hand, the specific requirements for 'foreign judgments obtained by fraud' to be against public policy are following four requirements based on principle of strict interpretation of public policy. (1) plaintiff's intention to fraud, (2) preventing the defendant from being involved in the procedure by fraud or cheating the foreign court using manipulated evidences, (3) the defendant could not present himself in the foreign court procedure due to the plaintiff's extraneous fraud or the foreign court decided wrongly due to intrinsic fraud, and (4) defendant's fundamental procedural rights were breached to the extent that recognizing the effect of foreign judgments was against justice defendant's fundamental procedural rights. These results differ from the Supreme Court 2004. 10. 28. ruling 2002da74213 in many aspects. Most of all, in my opinion there is no need to distinguish between intrinsic fraud and extraneous fraud and reviewing 'foreign judgments obtained by fraud' is not in conflict with the principle of prohibition of $r{\acute{e}}vision$ au fond but the both may coexist. In this regard I expect the variation of the Supreme Court's position and hope to contribute to academia and practitioners.

The Study for Performance TestㆍVerification Standard, Form approval procedure(draft) of OSBA (생물정화제제의 성능시험ㆍ검정기준, 형식승인절차(안) 등에 관한 연구)

  • Chung Jin-Won;Yoon Joo-yong;Shin Jae-Rouk;Kim Han-Gyu
    • Journal of the Korean Society for Marine Environment & Energy
    • /
    • v.6 no.2
    • /
    • pp.16-27
    • /
    • 2003
  • For the last decade, some 400 small and large oil spill accidents have occurred every year. Such accident blow a serious damage to the marine resource and ecosystem, which can't be estimated in terms of economic and environmental losses. The physical/chemical methods used currently may be effective at the initial stage of accidents, but they can't serve to remove the spilled oil completely. Moreover, the dispersant may lead to a secondary contamination detrimental to the lives inhabiting wet lands, beaches and tidal zone. Thus, a new decomposing technology Is required for the environmentally sensitive areas. Bioremediation is the active use of biological techniques to mitigate the consequences of a spill using biological processes and refers both of stimulation of pollutant biodegradation and/or to enhance ecosystem recovery Bioremediation is an economically attractive method for the clean-up of oil-contaminated area. Bioremediation has been demonstrated to be an effective oil spill countermeasure for use in cobble, sand beach, salt marsh, and mud flat environment.

  • PDF

FEA Procedure for Design Certification of Drillship Flare System (드릴십용 플레어 시스템의 설계승인을 위한 전산해석 절차)

  • Choi, Joo Hyoung;Heo, Tae Wook
    • Transactions of the KSME C: Technology and Education
    • /
    • v.1 no.1
    • /
    • pp.27-31
    • /
    • 2013
  • The Flare system is the offshore plant equipment for protecting humans and equipments from high heat radiations of waste gas and oil burning. As Primary equipment of well test systems, the flare system is essential Class(DNV, ABS etc) design certification. Therefore, this paper is introduced to be related to computational analysis of flare system design certification procedure.

Procedure and Document Format for Requesting Construction of Local Administrative Offices by each Province in the 1930s (1930년대 각도의 지방행정관청사 건축요구 절차 및 문서형식)

  • Kim, Myungsun
    • Journal of the Korea Academia-Industrial cooperation Society
    • /
    • v.22 no.6
    • /
    • pp.43-49
    • /
    • 2021
  • During the Japanese colonial period in Korea, the Choson Governor-General was a kind of state organ. At that time, for a local administrative office to be built, each province('Do') had to go through a certain administrative procedure and be approved by the Choson Government-General. In addition, it was necessary to receive financial support from the Choson Governor-General in the name of "state assistance" because the financial conditions of each province were not sufficient. To obtain this approval and financial support, the administrative procedure was divided into the first half, where each province requested the construction of a local administrative office, and the second half, where the Choson government-general approved it and supported it financially. There are studies on the first half procedure in 1914 and 1927, which were limited to the new construction of county('Goon') offices among several local administrative offices. This study analyzed the first half of the construction of all local administrative offices in the 1930s.

A Study on Certification Procedures for Aircraft Parts Manufacturer Approval (항공기 부품제작자증명 인증절차에 관한 고찰)

  • Lee, Kang-Yi;Yi, Baeck-Jun;Chung, Ha-Girl;Ryoo, Chang-Kyung
    • Journal of the Korean Society for Aeronautical & Space Sciences
    • /
    • v.42 no.12
    • /
    • pp.1073-1079
    • /
    • 2014
  • Aircraft parts are considered as a significant element for the continued airworthiness of the certified aircraft well as a partial component consisting of the new aircraft design. US FAA established the certification system of Parts Manufacturer Approval in 1965, which is contributing to the continued airworthiness of the aircraft in operation and to the expansion of worldwide market of aircraft parts. In this paper, we compared the differences of the certification systems between FAA Parts Manufacturer Approval and EASA European Part Approval, and proposed the rulemaking items to improve Korean Parts Manufacturer Certification System and to contribute to growth of aircraft parts industry.

서울시 1:1,000 수치지형도 갱신에 관한 연구

  • 김윤종;박수홍;이석민;최진무
    • Proceedings of the Korean Association of Geographic Inforamtion Studies Conference
    • /
    • 1998.11a
    • /
    • pp.49-53
    • /
    • 1998
  • 서울시 수치지형도를 유지관리하기 유지관리의 제도적, 기술적 방안과 유통 및 공급방안이 수립되어야 한다. 본 연구에서는 제도적 방안을 위해 갱신주체, 대상 지형지물, 갱신주기, 공공 측량 승인 및 심사절차, 행정적인 절차 등의 요인을 분석하여 네 가지 방안을 제시하였고 기술적 방안을 위해 현재 수치지형도를 갱신할 수 있는 도면에 의한 디지타이징, 수정도화, 항공사진 스캐닝에 의한 방법, 수치정사사진에 의한 방법 등을 비교·분석하였다. 또한 유통 및 공급방안을 위해 공급대상, 공급내용, 공급형태, 공급방법 등을 분석하였다. 이러한 분석을 통해 현재 제작완료 단계에 있는 서울시 수치지형도의 유지관리 및 공급을 위한 최적의 방안을 제시할 수 있었다.

  • PDF