• Title/Summary/Keyword: 전자운송기록

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A Study on the Meaning and Main Features of Transport Documents under the Rotterdam Rules (로테르담규칙상 운송서류의 의의 및 주요 특징에 관한 연구)

  • YANG, Jung-Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.303-326
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    • 2016
  • The Rotterdam Rules regulate both transport documents and the legal effect of the choice of document much more comprehensively than the existing maritime convention to bring international harmonization of issues relating to transport documents. The Rotterdam Rules use the generic term 'transport documents' rather than referring to specific title such as bills of lading, sea waybills. The generic term 'transport documents' allow four types of transport documents to be identified as follows. 1. negotiable 2. negotiable which dispense with surrender 3. non-negotiable which require surrender 4. non-negotiable. Each types of transport documents has its requirements to be satisfied. Also, the choice of transport documents affects legal effect. Thus parties to the contract of carriage not only need to know how the document will be classified at the time it is issued but also consider what the documents will bring legal consequences.

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Evaluation on the Impact of the Rotterdam Rules on Facilitating the Use of Electronic Transport Reocrds (로테르담 규칙의 운송서류 전자화에 대한 영향 평가)

  • SUH, Paik-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.75
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    • pp.71-94
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    • 2017
  • The Rotterdam Rules is the first international maritime carriage of goods Convention that acknowledge electronic records of contracts of carriage. The Rules have developed separate chapter in relation to electronic transport records' issuing, transfer, etc. This paper aims to evaluate Rotterdam Rules' contribution to the use of electronic transport records. To achieve the aims firstly this paper have examined the related articles of Rotterdam Rules, Secondly in practical aspects, this paper explores the opportunities and obstacles which could be happened in practical procedures, applicable to transport industry, shipper and holder of electronic transport records. Findings could be summarized as follows, first the Rules shows high acceptability to whom it may involved in transport industry by simplify the contents of the Rules to avoid conflict with each countries' national laws. The Rules acknowledge the functional equivalence between paper and electronic transport records in specific provisions. This could be important development to facilitate the use of electronic transport records. But the Rules have not mentioned liability limit of transport industry when the problems arise from issuing, tele-transmission, transfer of the records. And the secure of the functional equivalence between paper and electronic transport records also could be remained in uncertain regime due to different stance of each national laws.

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The Requirement and Effect of the Document of Carriage in Respect of the International Carriage of Cargo by Air (국제항공화물운송에 관한 운송증서의 요건 및 효력)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.67-92
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    • 2008
  • The purpose of this paper is to research the requirements and effect of the document of carriage in respect of the carriage of cargo by air under the Montreal Convention of 1999, IATA Conditions of Carriage for Cargo, and the judicial precedents of Korea and foreign countries. Under the Article 4 of Montreal Convention, in respect of the carriage of cargo, an air waybill shall be delivered. If any other means which preserves a record of the carriage are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt. Under the Article 7 of Montreal convention, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", and shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the goods have been accepted. Under the Article 5 of Montreal Convention, the air waybill or the cargo receipt shall include (a) an indication of the places of departure and destination, (b) an indication of at least one agreed stopping place, (c) an indication of the weight of the consignment. Under the Article 10 of Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. Under the Article 9 of Montreal Convention, non-compliance with the Article 4 to 8 of Montreal Convention shall not affect the existence of the validity of the contract, which shall be subject to the rules of Montreal Convention including those relating to limitation of liability. The air waybill is not a document of title or negotiable instrument. Under the Article 11 of Montreal Convention, the air waybill or cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. Under the Article 12 of Montreal Convention, if the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt. According to the precedent of Korea Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the air waybill by the operator of the bonded warehouse because the freighter did not designate the boned warehouse and did not hold the position of employer to the operator of the bonded warehouse. In conclusion, as the Korea Customs Authorities will drive the e-Freight project for the carriage of cargo by air, the carrier and freight forwarder should pay attention to the requirements and legal effect of the electronic documentation of the carriage of cargo by air.

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A Decomposition Analysis of FDI Inflow into Korea - Shift-Share Analysis, 2003-2006 - (한국 외국인직접투자 유입요인의 분해분석 - 변이할당분석, 2003-2006 -)

  • Lee, Sanghack;Cheong, Kiwoong;Kim, Jeongsook
    • International Area Studies Review
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    • v.13 no.3
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    • pp.145-161
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    • 2009
  • Applying the shift-share analysis, this paper decomposes FDI inflow into Korea for the period of 2003-2006. The paper finds that Korea has been lagging behind the world average in absorbing inward FDI, thereby recording negative aggregate industry-mix effects and negative aggregate competitive effects as well. However, the following industries have recorded positive competitive effect: electrical and electronic equipment, motor vehicles and other transport equipment, hotels and restaurants, transport, storage and communications, finance, and business services. In a nutshell, Korea is revealed to have competitive advantage in absorbing inward FDI in a few manufacturing industries and most of service industries. Government policies should accordingly be focused on these industries to encourage more inward FDIs.

The Research Relating to QA of the Absorbed Dose in the 10 MeV E-beam Facility in Accordance with the International Standards (국제표준에 따른 10 MeV급 전자빔 조사시설의 흡수선량 품질보증에 관한 연구)

  • Ha, Tae-Sung;Ahn, Cheol;Jung, Pyeong-Hwan;Cho, Jeong-Hee;Lee, Jong-Seok;Lee, Hye-Nam;Yoo, Beong-Gyu
    • Journal of radiological science and technology
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    • v.33 no.4
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    • pp.387-394
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    • 2010
  • In the field of healthcare, the conventional sterilization treatments have been replaced by irradiation methods which are in accordance with internationally well established quality standards. The quality control in radiation sterilization assures that the absorbed dose of the irradiated material is in agreement with its requirements and standards. The electron beam irradiation requires technical assessments of more process parameters than gamma irradiation does. Korea has witnessed wide uses of electron accelerators since early 2000 but there hasn't been research experiences relating to quality system in accordance with international standards. The new large scale e-beam irradiation system with the specification of 10 MeV, 8 kW was installed and operated in 2008 by Seoul Radiology Services Co. It consists of the electron accelerator, product handling system, safety, documentation and control subsystems into an integrated system to meet the requirement of the Good Manufacturing Practice such as process quality assurance and management of product tracking records. To implement the international standard such as EN ISO11137, it is necessary to understand the purposes aimed in the standard and carry out the tests following the procedures required. This study presented the specification of the e-beam facility and showed what its design requirements and features are. The test results on a variety of process parameters were presented and validated it they are within the required limits.

Dynamic Shift-Share Analysis of FDI Inflow into Korea: Comparison to Developed Countries (동태적 변이-할당분석을 이용한 대한(對韓) 외국인직접투자 유입요인 분석: 선진국과의 비교)

  • Sohn, Jung-Soo;Cho, Jungran;Lee, Sanghack
    • International Area Studies Review
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    • v.18 no.3
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    • pp.23-46
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    • 2014
  • Applying the dynamic shift-share analysis, this paper decomposes inflow of foreign direct investment (FDI) of Korea for the period of 2003-2012 into three components: world growth effect, industry-mix effect and competitive effect. Taking the group of developed countries as population for comparison, this paper finds that Korea has been lagging behind the group of developed countries in attracting FDIs, thereby having recorded negative aggregate industry-mix effects and negative aggregate competitive effects as well. However, the following industries have recorded positive competitive effects: textiles, chemicals, electrical and electronic equipment, motor vehicles and other transport equipment, hotels and restaurants and business services. Moreover, in the sub-period of 2008-2012, positive competitive effects have been recorded for most manufacturing industries. This reflects the fact that inward FDI into Korea has not been affected much by the financial crisis of 2009.

A Study on the Measurement Method of Cold Chain Service Quality Using Smart Contract of Blockchain (블록체인의 스마트계약을 이용한 콜드체인 서비스 품질 측정 방안에 대한 연구)

  • Kim, ChangHyun;Shin, KwangSup
    • The Journal of Society for e-Business Studies
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    • v.24 no.3
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    • pp.1-18
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    • 2019
  • Due to the great advances in e-Marketplace and changes in type of items purchased from the online market, it has been dramatically increased the demand of the storage and transportation under the special conditions such as restricted temperature. Especially, the cold chain needs the way to transparently measure and monitor the entire network in realtime because it has a very complicated structure and requires totally different criteria at the every different steps and items. In this research, it has been presented the performance evaluation metrics to make contract using service level agreement (SLA), the way to apply the smart contract based on blockchain, the structure of blocks, service platform and application in order to build cold chain which can prevent the risk factors by measuring and sharing information in realtime using block chain technology. In addition, we have proposed the way to store the measured performance and reputation of each player in the block using smart contract based on SLA. With the presented framework, all players including service providers as well as users can secure the information for making the rational decisions. When the service platform is actually built and operated, it seems possible to secure the information in transparently and realtime. Also, it is possible to prevent the risk factors or prepare the preemptive plans to react on them.