• Journal of Legislation Research
• /
• no.41
• /
• pp.261-302
• /
• 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.

• Journal of Cadastre & Land InformatiX
• /
• v.44 no.1
• /
• pp.17-35
• /
• 2014

There is no provision regarding the 'litigation on land boundary' under the Korean laws. Therefore, there are disputes in theory with respect to its nature, requirements for litigation, criteria for determination, etc., and it is necessary to establish the provisions of the law on this issue in the future. For this legislation, it is necessary to conduct a comparative consideration on laws of other countries which have completed the relevant provisions. This study, as a first step, researches a history of litigation for determination of boundary under the Roman law and medieval law, and furthermore introduces the German law which has relatively completed legal provisions on litigation for determination of boundary. In addition to common ownership litigation, the German law has established a provision on litigation for boundary as a judicial procedure considering a special place, called as a dispute on ownership of adjacent land, on the assumption that it is difficult or impossible to prove the boundary. The primary purpose of this litigation is to clarify a true boundary, and if such clarification is impossible, a boundary is discretionally created in accordance with the statutory standards under Article 920 of the German Civil Act (BGB). It means creation of the scope of land ownership by operation of decision, not only by the 'discovery of original boundary'. Both cases are different from each other in the aspect of judicial decision, but embracing them into one is a lawsuit for determination of boundary under the German law. Under the Korean legislation, it is necessary to make a theory containing two different criteria for determination into a single type of litigation, considering such aspects.

• Journal of the Korean Society for Nondestructive Testing
• /
• v.33 no.4
• /
• pp.368-375
• /
• 2013

Failure of small bore piping welds is a recurring problem at nuclear power plants. And the socket weld cracking in small bore piping has caused unplanned plant shutdowns for repair and high economic impact on the plants. Consequently, early crack detection, including the detection of manufacturing defects, is of the utmost importance. Until now, the surface inspection methods has been applied according to ASME Section XI requirements. But the ultrasonic inspection as a volumetric method is also applying to enforce the inspection requirement. However, the conventional manual ultrasonic inspection techniques are used to detect service induced fatigue cracks. And there was uncertainty on manual ultrasonic inspection because of limited access to the welds and difficulties with contact between the ultrasonic probe and the OD(outer diameter) surface of small bore piping. In this study, phased array ultrasonic inspection technique is applied to increase inspection speed and reliability. To achieve this object, the 3.5 MHz phased array ultrasonic transducer are designed and fabricated. The manually encoded scanner was also developed to enhance contact conditions and maintain constant signal quality. Additionally inspection system is configured and inspection procedure is developed.

• Environmental and Resource Economics Review
• /
• v.23 no.2
• /
• pp.187-224
• /
• 2014

We present key issues to consider in estimating damages from price-fixing cases and then apply the procedure addressing those issues to a transportation fuel market. Among the five methods of overcharge calculation, the regression analysis incorporating the yardstick method is the best. If the price equation relates the domestic price to the foreign price and the exchange rate as in the transportation fuel market, the functional form satisfying both logical consistency and modeling flexibility is the log-log functional form. If the data under analysis is of time series in nature, then the ARDL model should be the base model for each market and the regression analysis incorporating the yardstick method combines these ARDL equations to account for inter-market correlation and arrange constant terms and collusion-period dummies across component equations appropriately so as to identify the overcharge parameter. We propose a two-step test for the benchmarked market: (a) conduct market-by-market Spearman or Kendall test for randomness of the individual market price series first and (b) then conduct across-market Friedman test for homogeneity of the market price series. Statistical significance is the minimal requirement to establish the alleged proposition in the world of uncertainty. Between the sensitivity analysis and the model selection process for the best fitting model, the latter is far more important in the economic analysis of damage in price-fixing litigation. We applied our framework to a transportation fuel market and could not reject the null hypothesis of no overcharge.

• Proceedings of the Korean Radioactive Waste Society Conference
• /
• 2005.06a
• /
• pp.205-210
• /
• 2005

The proposed regulation for low and intermediate level radioactive waste disposal facility, scheduled to be revised, recommends that the waste generator should verify the radioactive waste conforms to the disposal requirements before disposing of it. According to the regulation, the radionuclide concentration of the radioactive waste, and its physical and chemical characteristics and safety must be confirmed prior to the disposal of low and intermediate level radioactive wastes, and the waste generator is required to deliver this information to the disposal facility operator. In addition, the disposal facility operator must assess the safety of the disposal site to establish the SWAC (Site Specific Waste Acceptance Criteria) in consideration of the characteristics of the site, whereas the waste generator must comply with the criteria in managing, disposing of and delivering low and intermediate level radioactive wastes. To abide by the afore-mentioned regulation and criteria, the waste generator must verify that the radioactive wastes to be disposed of are suitable for disposal before they are transported to the disposal facility, and to this end a radioactive waste certification program must be developed. This study conducted an in-depth analysis of the radioactive waste certification programs enforced in countries advanced in atomic energy to develop a draft of a certification program applicable to local power plants, and the program is currently applied as pilot to Uljin Power Plants No. 1 & 2 to prove its applicability. This study is going to analyze the results of the pilot application with a view to developing a radioactive waste certification program suitable to local conditions.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
• /
• v.9 no.3
• /
• pp.129-138
• /
• 2014

After global economic crisis, China has become one of the two pillars in the global economies and the country contributing to the Korean economy. Nevertheless, the research on Chinese financial market, particularly capital market, is rare to date. This study examined the growth enterprise market that emergedat the Shenzhen stock exchange and made comparative analysis on before and after listing for the Chinese small and medium sized firms and venture firms. The listing requirements at the Chinese growth enterprise market for the technologically innovative venture firms and fast-growing small and medium sized firms with financing purpose were more alleviated than the main board of Shenzhen stock exchange. Moreover, the listing procedures are simplified as well. Accordingly, many Chinese enterprises tend to list and the competition for listing is also intense. In particular, with the 36 initially listed firms at growth enterprise market as the research target, the investigation for the business performance before and after listing reveals that the three indexes including return on common equity, debt ratio and operating profit growth rate dropped dramatically for most all the firms. That is, the profitability and growth for the venture firms and small and medium sized firms listed on the Chinese growth enterprise market decreased rapidly after going public, only the stability improved due to the great financing. Taking a step forward, this phenomenon may result from the exaggerated reporting for the business performance before listing with the purpose of going public by the venture firms and small and medium sized firms. Thus, Chinese Securities Regulatory Commission should strengthen the accounting evaluation standard and regulation for the listing firms before going public. In addition, strict sanctions should be imposed on the firms with fraudulent accounting to establish healthy capital market.

• Journal of Navigation and Port Research
• /
• v.41 no.6
• /
• pp.373-380
• /
• 2017

Operational errors caused by human factors, which is the major cause of marine accidents, include lack of knowledge, misunderstanding knowledge, and inadequate procedures. Recently, the type of propulsion mounted on KCG cutters has been diversified. In particular, the water jet propulsion unit, which was mainly installed in small boats, have been gradually expanded to medium and large size Coast Guard cutters, reaching 50% of the total. Axes types are divided into 2 to 4, and the bucket types are divided into Double Reverse Bucket(DRB) and Single Reverse Bucket(SRB); in these, the backward and steering control methods are completely different. Diversification of these operating systems can increase factors causing human error by the ships' operators. However, there is a lack of research on the maneuvering methods, considering the inherent active characteristics of each type of water jet. In this paper, we analyze the sideway method suitable for the condition of Coast Guard Exclusive wharf without assistance, based on the astern performance of each type. Then, a ship handling simulator was used for the experiment; they compared and verified through interviews of captains.

• The Korean Journal of Archival Studies
• /
• no.25
• /
• pp.91-129
• /
• 2010

As it grows more heavily reliant on information system, researchers seek for various ways to manage and utilize of dataset records which is accumulated in public information system. It might be needed to adjust date and enhance the quality of public administrative dataset records during transferring to archive system or sharing server. The purpose of this paper is presenting data adjustment and quality enhancement methods for public administrative dataset records, and it refers to ETT procedure and method of construction of datawarehouses. It suggests seven typical examples and processing method of data adjustment and quality enhancement, which are (1) verification of quantity and data domain (2) code conversion for a consistent code value (3) making component with combinded information (4) making a decision of precision of date data (5) standardization of data (6) comment information about code value (7) capturing of metadata. It should be reviewed during dataset record transfer. This paper made Data adjustment and quality enhancement requirements for dataset record transfer, and it could be used as data quality requirement of administrative information system which produces dataset.

• Korea Trade Review
• /
• v.42 no.2
• /
• pp.205-225
• /
• 2017

The study attempts to verify the case related to the notice of payment refusal by issuing bank regarding discrepancy in transport document under L/C(Letter of Credit) transaction. Considering the high portion of trade between Korea and China, Korean companies and banks in L/C transaction should be careful about many unpredictable situations. The case of this study is that Chinese seller(beneficiary) initiated a civil suit against Industrial Bank of Korea to Chinese court and Chinese courts in the first and second trials judged that the notice of payment refusal by Industrial bank of Korea doesn't satisfy Article 16, (c) (ii) (iii) in UCP 600. However, Industrial Bank of Korea implements the judgement even though the judgement is highly biased to Chinese seller. Considering the judgement by Chinese courts, the study suggests some countermeasures to Korean companies and banks which opened L/C. First, the issuing bank should describe the contents of discrepancy specifically based on Article 16, (c) in UCP 600. Second, it is necessary to insert a clause regarding governing law in the L/C contract like sales contract. Third, considering the biased judgement by Chinese court and difficulty in execution of foreign judgement in China, it is recommended to using arbitration as a method of dispute resolution such as ICLOCA and DOCDEX Rules which are international system operated by international instruments because it has legal effects to parties in L/C contracts if the issuing bank inserts arbitration clause in L/C.

• Journal of Science and Technology Studies
• /
• v.19 no.3
• /
• pp.247-289
• /
• 2019

By examining the experiences of three social economy organizations who participated in the social problem-solving R&D projects, we discuss the conditions which may encourage the participation of civil society in national R&D programs in South Korea. By calling for the inclusion of social economy organizations along with the living-lab, the social problem-solving R&D projects introduced a new type of civic participation in the national R&D programs. It is the requirement in the RFP of the social problem-solving R&D which led PIs to inviting social economy organizations into their projects. But the invites occurred rather abruptly and accidently without adequate mutual understanding between scientific experts and social economy organizations. While helping social economy organizations participate in R&D processes, this form of institutional arrangement also led them into a position in subordination to scientific experts. Social economy organizations were supposed to coordinate the living lab in the social problem-solving R&D projects which they felt familiar as an extension of what they have been doing. In contrast, they felt administrative work such as accounts following complicate administrative rules as the most unfamiliar challenge. The difference in their emphases between scientific experts and social economy organizations was also evident. Social economy organizations viewed that, while they and ordinary people are primarily interested in a practical use of the developed products or services, scientific experts tend to focus on research and development. Not only did such difference produce a friction in the R&D processes but also it had social economy organizations view the R&D projects they participated in as unsuccessful. Nevertheless, all these experiences provided a great opportunity for the social economy organizations for learning and growing as a new actor in the national R&D.