• Title/Summary/Keyword: 조항

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Analysis of Basic Local Government Ordinance for Supporting Senior Employment : Focused on the Autonomous Ordinances of Seoul City (노인일자리 지원을 위한 기초자치단체 조례 분석 : 서울특별시의 자치구 조례를 중심으로)

  • Kim, Dae-Gun
    • The Journal of the Korea Contents Association
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    • v.19 no.4
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    • pp.267-281
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    • 2019
  • The purpose of this study is to analyze the form and content of the Ordinance on Job Support for the Elderly, and to verify whether the Ordinance has formal validity and effectiveness. For this purpose, the 13 local ordinances of the municipal governments in Seoul were selected for analysis and the contents and composition of each ordinance were analyzed. As a result of the analysis, no major difference was found in the main form of the regulations such as the purpose of enactment of ordinances and contents of business. However, the scope of the policy application and the provision related to the delivery system were confirmed to be different by each regulation. In particular, residents' rights to services did not exist in all ordinances, and the obligation of local governors to provide jobs for the elderly was lacking in specificity and needed improvement. In terms of effectiveness, there are no provisions related to the delivery system or the mandatory nature of the regulations. Based on this analysis, this study proposed the directions of improvement and supplement of the ordinances.

A Study on some practice issues and main provisions of the international artworks sales contract - Mainly sculptures sales contract - (예술품의 국제매매 계약시 주요 조항과 계약서 작성상 유의점에 관한 소고 - 조형물계약을 중심으로 -)

  • Lim, Sung-Chul
    • Korea Trade Review
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    • v.41 no.4
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    • pp.111-129
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    • 2016
  • In this paper, I reviewed the analysis of possible ICC model of international sale contract terms used in the international artwork trade. Based on this, the provisions proposed considering the specialties of the international artworks trade. The purpose of this research study is to help practitioners draw up a contract of international artworks trade. In Chapter II, I reviewed the highlights of the international sale of goods contract. In Chapter III, I discussed the issues that arise in creating specific provisions on the international artworks trade agreements. In Chapter IV, I discussed the issues in creating the general provisions on the international artworks trade agreements. Quantity provisions of the international artworks sales contract should include the "more or less" clause. And it should also clearly define the scope of the author's property rights transfer in the copyright provisions. Even if a buyer has been assigned the copyright of artworks from the artist, if the buyer modifies the artworks without permission, moral rights can be violated. In addition, even if a buyer has been assigned all of the intellectual property rights of the artists, if the buyer does not have the specific provisions, the buyer must keep in mind that the unauthorized publication of artworks, film production, merchandising, etc, may infringe the right to create derivative works.

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A Recent Case Study on the Formation of Contract in International Sale of Goods (국제물품매매거래에서 계약의 성립에 관한 최근 판례연구)

  • Lee, Byung-Mun;Park, Eun-Ok
    • Korea Trade Review
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    • v.41 no.4
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    • pp.21-40
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    • 2016
  • This study mainly deals with a recent case held as to the formation of contract under the United Nations Convention on International Sale of Goods(CISG). In order to analyse the fact of the case and the justification of its holdings, it examines the rules on the formation of contract under the CISG, focusing on the requirements of offer and acceptance, the time when such offer and acceptance become effective, the issues on the battle of forms. In addition to these, it particularly investigates the rules on a delayed acceptance under the CISG. After looking into those rules, it criticizes the holdings and provides legal and practical advice to contracting parties who intend to conclude a contract under the CISG as a governing law. It finds that whose e-mail in the case amounts to an offer and an acceptance is depended upon the interpretation of intention of the parties expressed in their statement. According to such interpretation, even if a purchase order is requested by the seller for the formation of contract, a contract may be concluded by a simple statement which commits the buyer himself to purchase the seller's goods. This is particularly the case where such request is made only to clarify the buyer's intention to purchase them.

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A Case Study in Relation to the Class Arbitration under Voyage Charter -Focused on the Asbatankvoy Form- (항해용선계약상 집단대표중재관련의 사례분석 -Asbatankvoy 서식을 중심으로-)

  • Han, Nak-Hyun
    • Journal of Korea Port Economic Association
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    • v.27 no.1
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    • pp.55-73
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    • 2011
  • The purpose of this study aims to analyse the effect of class arbitration under voyage charter with Asbatankvoy form. This study analyses the Stolt-Nielsen case as a data. In this case, One Class Rule requires an arbitrator to determine whether an arbitration clause permits class arbitration. The parties selected an arbitration panel, designated New York City as the arbitration site, and stipulated that their arbitration clause was silent on the class arbitration issue. The panel determined that the arbitration clause allowed for class arbitration, but the District Court vacated the award. But the Second Circuit reversed, holding that because petitioners had cited no authority applying a maritime rule of customs and usage against class arbitration, the arbitrators' decision was not in manifest disregard of maritime law; and that the arbitrators had not manifestly disregarded New York law, which had not established a rule against class arbitration. However, the Supreme Court held, imposing class arbitration on parties who have not agreed to authorize class arbitration is inconsistent with the Federal Arbitration Act.

A Study on the Loss Incurred by Withdrawal of Ship under Time Charter -Focused on the MT Kos Case- (정기용선계약상 본선회수에 따라 발생한 손해에 관한 연구 -MT Kos호 사건을 중심으로-)

  • Han, Nakhyun
    • Journal of Korea Port Economic Association
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    • v.29 no.4
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    • pp.265-288
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    • 2013
  • The purpose of the study aims to analyse the loss incurred by withdrawal of ship under time charter based on the English Law with the MT Kos case. In this case, it is agreed that if the charterers had begun to make arrangements for the discharge of their cargo as soon as they received the owner's notice of withdrawal, the vessel would have been detained at Angra doe Reis for one day. As it was, she was detained there for 2.64 days. The issue is whether the owners are entitled to be paid for the service of the vessel during that 2.62 days, and for bunkers consumed in the same period. Their claim is put forward on three bases: (1) under clause 13 of the charterparty ; (2) under an express or implied new contract made after the vessel was withdrawn, to pay for the time and bunkers; and (3) under the law of bailment. The judge held they were entitled to succeed on basis (3), but rejected every other basis which they put forward. The Court of Appeal rejected the claim on all three bases, except that they allowed the owners to recover the value of bunkers consumed in actually discharging the cargo.

A Study on the Improvement of Law Analysis of Venture Preferential System on Technology-based Startups (기술기반 창업기업 중심의 벤처우대제도 법령에 관한 연구)

  • Hong, Eun-Young;An, Gi-Don;Sung, Eul-Hyun
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.15 no.2
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    • pp.111-125
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    • 2020
  • In the rapidly changing era of the Fourth Industrial Revolution, the business environment surrounding venture companies is also changing rapidly. In recent years, the government has reorganized the venture verification system, including expanding the types and scope of venture companies. This study analyzes the current status of venture preferential system from the perspective of technology-based start-up companies and in addition, this paper proposes a plan for improving the legal system. For analysis, The relevant provisions were confirmed through a search using "venture" as a keyword in the National Legal Information Center and the Korean Court of General Law. Then, meaningful texts were extracted along with relevant data to secure basic data and analyzed by benefits, by means and by content. As a result of the study, Venture preferential treatment system is focused on 'reduction of burden' by the means of benefits, and on 'financial' and 'production' by benefits. In conclusion, four suggestions for improvement are presented. First, efforts are needed to increase the practical applicability of venture-related clauses. Second, the venture preferential treatment system is mainly focused on mitigating the burden, so efforts are needed to find a balance. Third, the venture preferential treatment system is mainly focused on the 'non-research' field, so the benefits of the 'research' field should be expanded. Finally, efforts to discover and overcome blind spots in the venture preferential system should be supported.

Analysis of Fulfillment Status on Environment·Landscape Damage Reduction and Disaster Prevention in Quarry Related to Mountainous Districts Management Act (산지관리법에 명시된 토석채취지의 환경·경관피해 및 재해저감 관련 법 조항의 이행실태 분석)

  • Park, Jae-Hyeon;Kim, Ki-Dae;Bae, O-Jang
    • Journal of Korean Society of Forest Science
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    • v.106 no.2
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    • pp.196-203
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    • 2017
  • Quarrying industry is typical industry that troubled between the market and government regulations in the forestry. Especially, it is difficult to consider aspects of economics and environment, landscape, disaster at the same time. Therefore, Quarrying industry need revised statutes according to regulatory reform and mitigation. This study conducted to provide basic data for regulatory reform and mitigation in quarrying industry. We surveyed 22 article of mountainous districts management act and lower statutes to employers and business interests on quarry 55 places in the Republic of Korea. As a result, fulfillment status of environmental damage reduction and disaster prevention were satisfactory. But fulfillment status of landscape damage reduction were not applicable. This result is due to the social mood that emphasizes the forest landscape. But there is need to improve the efficiency of grit chamber through present standard on effluent(water pollution prevention). In conclusion, policies should be established for realistic regulation and developed industry to quarrying industry.

Demonstration of species-specific and cross reactive components of Paragonimus tvestermani crude worm antigen by EITB (Immunoblot를 이용한 폐흡충 비항원의 특이 항원대의 증명)

  • Joo, Kyoung-Hwan;Ahn, Hyuck;Chung, Myung-Sook;Lim, Han-Jong
    • Parasites, Hosts and Diseases
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    • v.27 no.1
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    • pp.9-14
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    • 1989
  • Enzyme-linked immunoelectrotransfer blot (EITB) using crude worm antigen of adult Paragonimus westermani was performed for human patients sera to identify the species-specific components. Crude antigen was obtained by homogenizing and centrifuging 24-week old adult worms at 10,000 rpm for 60 minutes in phosphate buffered saline (PBS, PH 7.2) containing: Phenyl methyl sulfonyl auoride (PMSF). Gradient sodium dodecyl sulfate polyacrylamide gel electrophoresis(SDS-PAGE) was performed and blotted electrophoretically onto a sheet of nitrocellulose paper. The sheet was cut into strips and exposed to sera diluted 1 : 200 with PBS. SDS-PAGE showed 26 protein bands ranging 229 to 10 kDa. Of them 229, 91, 60, 50, 35∼31, 27, 25, 21, 17, 11 and 10 kDa components showed positive reaction with serum antibody of patients with p. westermani. Sera of patients infected with Clcnorchis sinensis reacted with 35∼31, 19, and 11 kDa bands. Human sera from cysticercosis and diphyllobothriasis cases showed non-specific cross reactions with 229, 35∼31, 27, 25 and 17kDa bands. Protein bands of 91, 60, 21 and 10kDa showed strong positive reaction without cross reactions with sera from other helminthic infections.

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Identification and characterization of allergens of Chironomus fkavuoynys adults (Chironomidae, Diptera) in mice (노랑털깔따구(Chironomus flaviplumus) 성충의 알레르기 항원단백 분석)

  • 이한일;이상화
    • Parasites, Hosts and Diseases
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    • v.34 no.1
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    • pp.35-48
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    • 1996
  • Non-biting midges fchironomidae, Dipteral are one of the largest insect families, which are distributed worldwidely and are found in nearly all types of inland waters. They are known to be aggressive inhalant allergens which cause allergenic diseases. In this study, the crude antigens of Chironomus SavipLumn adults which are most widely distributed in Korea were extracted. and their allergens were analysed with the sera from experimentally sensitized mice. The mice were immunized with $1{\;}\mu\textrm{g}{\;}or{\;}10{\;}\mu\textrm{g}$ of the crude antigens, respectively, and the specific serum IgE levels were measured by both ELISA and passive cutaneous anaphylaxis (PCA) techniques. The highest levels of both total IgE and chironomid-specific IgE were found in the mouse sera obtained after 9 weeks of the first infection with $1{\;}\mu\textrm{g}$ crude antigen. The crude antigen was separated into 16-18 protein bands on gel by SDS-PAGE. The crude extract was assessed by SDS-PAGE/immunoblot analysis. One IgE-binding band (65 kDa) was detected by developing with colorimetric substrate, and 4 IgE-binding bands (65, 52, 35 and 25 kDa) by developing with CSPD chemiluminescent substrate. The SDS-PAGE gel of the crude extract of chironomid adults was equally cut into 30 pieces and each of them was eluted to isolate proteins by molecular weight, and the allergenicity of each eluate was assessed by applying P-K test on rats. Proteins of 65, 35 and 15 KDa showed the highest P-K titer (${\times}512$) which was 16 times higher than that of the crude extract (${\times32}$). The P-K titer of 52 kDa protein was also 4 times higher ($128{\times}$) than that of the crude extract, whereas the 25 kDa protein poorly responded, which seemed not antigenic. In conclusion, the present result in mice demonstrated that adults of Chironomus fcuiplumus, a predominent species in Korea, cause allergenic diseases and the main allergens are 65, 52, 35 and 15 kDa proteins, of which 65 kDa protein seems to be a main allergen.

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On the Legality of the Telemedicine between the Patient and Doctor Under the Medical Service Act - Focused on the Prescriptions to the Distanced Patients- (의사 환자 간 원격 의료의 의료법상 적법성에 관하여 - 원격 환자에 대한 처방 중심으로 -)

  • Kim, Jang Han
    • The Korean Society of Law and Medicine
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    • v.22 no.1
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    • pp.3-23
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    • 2021
  • Telemedicine is a field of medicine in which medicine doctors who are in remote distance can treat the patients using audio, video devices which can help the diagnosis. In medicine, even the face-to-face diagnosis and treatment is the traditional way, the telemedicine could provide the convenient way for the patients in long distance, disabled or anyone who want to be stay ones' home. But telemedicine has the task to maintain the quality of medical cares compare with the traditional medicine. Among the several types of telemedicine, the specific type telemedicine in which the medicine doctors examine, diagnosis and do the prescription to the remotely distanced patients could be defined tele-prescription. Under The Medical Service act, it is unclear that teleprescription could be allowed. The Medical Service Act has introduced the specific clause for the prescription. That clause includes the duty of patients who have to receive the prescriptions directly from medical doctors. Under this clause, the constitutional court had decided the tele-prescription was illegal, but the supreme court has been decided tele-prescription could be legalized under the certain circumstances. But the other supreme court decided the tele-prescription was illegal under the article 34 of presenting Medical Service Act. So to understand the interpretations of Supreme court and Constitutional court decisions for the cases of prescription via telephone, we need to understand the history and presented reasons for the revision of prescription clause and also need to understand the other related clauses in the same act. In conclusion, To consider the values of telemedicine should be the level with the ordinary treatments, It is reasonable to interpret that the presenting Medical Service Act only legalize the telemedicine between doctor to doctor and which is regulated by the telemedicine clause.