• Title/Summary/Keyword: 청구

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A Comparative Study of Place Names on "Daedongyeo-jido" and "Cheonggu-do" (목판본 "대동여지도"와 "청구도"의 지명 비교 연구)

  • Lim, Joung-Ox;Kim, Ki-Hyuk
    • Journal of the Korean association of regional geographers
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    • v.16 no.3
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    • pp.249-264
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    • 2010
  • This study is to comparatively analyse the place names on "Cheonggu-do"("靑邱圖", manuscript edition, 1834) and "Daedongyeo-jido"("大東輿地圖", woodblock-edition, 1861). Though the same person-Kim, Jungho(金正浩)- published those maps, and the latter was based on the former map, place names on thos maps are very different. The hypothesis is that those different information on maps were not from the cartographic, but from the social aspects at that times. The whole township names on "Cheonggu-do" were erased in "Daedongyeo-jido". The other names such as mountain, river, port, castle, beacons, official waer houses were recorded instead of township. Especially military names which were recorded newly in "Daedongyeo-jido", such as castle, beacon, ranches for the defense of nation, was geographical distributed in a strategic and key point in the northern and coastal area. This shows that there were rules for the mapping of "Daedongyeo-jido" and those rules could be come from the social demand.

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A Study on the Seller's Right to Require the Buyer to Perform the Contract under the CISG (CISG상 매도인의 이행청구권에 관한 연구)

  • Lee, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.53
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    • pp.49-74
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    • 2012
  • This study primarily concerns the seller's right to require performance under the United Nations Convention on International Sale of Goods(1980) (here-in-after the CISG). By virtue of art. 62 of the CISG, the seller may require to pay the purchase price, take delivery or perform his other obligations. The right is known as a process whereby the aggrieved seller obtains as nearly as possible the actual subject-matter of his bargain, as opposed to compensation in money for failing to obtain it. The study describes and analyzes the provisions of the CISG as to the seller's right to require performance, focusing on the questions of what the seller can require the buyer to perform, and what the restrictions of his right to require performance are. It particularly deals with main controversial issues among scholars as to whether art. 28 of the CISG is applied to the seller's action for the price and so that it opens the door domestic traditions and national preconditions that prevent judges and enforcement authorities in some contracting states, and whether the seller's to require performance is subject to the duty to mitigate loss within the meaning of art. 77 of the CISG. On the basis of the analysis, the study puts forward the author's arguments criticizing various the existing scholars' views. In addition, this study provides legal and practical advice to the contracting parties when it is expected that the CISG is applicable as the governing law.

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Operational Efficiency and Value Relevance of Unbilled Revenue in the Construction Company (건설기업의 경영효율성과 미청구공사의 가치관련성)

  • Kim, Young Hoon;Cho, Seokhee
    • Journal of the Korean Data Analysis Society
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    • v.20 no.6
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    • pp.3003-3014
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    • 2018
  • This paper investigates whether the value relevance of unbilled revenue in the construction company is differentiated according to the degree of company's operational efficiency. Unbilled revenue is an item that appears in the assets of the statement of financial position based on the IFRS. It is an item that has a nature of accounts receivable, but it is calculated based on subjective judgment of management. In this paper, we hypothesized that the value relevance of unbilled revenue will be differentiated according to operational efficiency of the construction company. The results of hypothesis test are as follows. First, unbilled revenue has a significant relationship with firm's value, which is consistent with previous research results. Second, the value relevance of unbilled revenue is higher in companies with high operational efficiency. In conclusion, this paper is different from previous researches in that this paper presents not only that unbilled revenue has a value relevance but also provides evidence that it can be differentiated according to the degree of operational efficiency.

Need for New Criteria of an Injunction in a Patent Infringement (특허침해금지청구에 대한 새로운 판단기준의 필요성)

  • Shim, Mi-Rang
    • Journal of Legislation Research
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    • no.44
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    • pp.571-610
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    • 2013
  • The current patent system is more often used for defensive purposes to exclude others' use or as a means to hold unfair strong positions in negotiations rather than for the original purpose as the dissemination and active use of useful technology. An injunction together with a damage is an important remedy for patent infringements. However, unlike a claim for damages, injunctions do not require the subjective requirement of intent and negligence or the occurrence of loss. If the validity of the patent and the fact of infringement are confirmed, automatically injunctions are issued without consideration of other circumstances. So a patent holder would exclude others' use and have a powerful position in negotiations because of injunctions for patent infringements. Therefore, those injunctions for patent infringements should be flexibly restricted according to cases under the premise to ensure fair compensation for the patent owner, rather than absolutely admitting injunctions for patent infringements like now. If then, it would serve the use of a useful technology and industrial development as the purpose of the patent system. First of all, judgments for preliminary injunctions should be strict and by deliberate decision on the merits permanent injunctions should be determined. In addition, it is needed that court's discretion possible to considerate 'the need for an injunction'. When the courts judge 'the need for an injunction', 'whether a patent holder has implemented a patent invention, the possibility of monetary compensation and the ability of the infringer for damages, a patent holder's intent to license and whether an injunction has been used as a weapon of negotiation, the proportion of patent technology in the entire products, the characteristics of patent technology and the possibility of patent invalidity, the competitive relationship for market share, the public interests and gains and losses between the parties and so on' should be considered. After these judgements, if 'the need for an injunction' is not approved, a patent owner would be protected by post-monetary compensation. However, because damages are related to illegal conducts in the past, in the case that an injunction is restrained, measures to ensure the legal implementation in the future are needed. It is primarily desirable that reasonable royalty is estimated throughout private negotiations between parties, but if agreement between the parties does not occur, patent owner should be able to claim the royalty for future.

A Study on the Main Contents of Uniform Rules for Demand Guarantees(URDG 758) (신 청구보증 통일규칙(URDG 758)의 주요 내용에 관한 연구)

  • Park, Suk-Jae
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.51
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    • pp.241-261
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    • 2011
  • URDG 758 tracks UCP 600 in format and style. This makes it easy for practitioners to understand various terms with a lot more clarity than in URDG 458, since practitioners see things in a format and style they are accustomed to. It is a fact that the provisions of the national law will prevail over the URDG 758. In many countries there is only limited written law concerning abstract guarantees; therefore any conflict between URDG 758 and the national law will be unlikely. In many instances the instructing party is different from the applicant - the party whose obligation is supported by the guarantee. And provision for amendment is a new addition in URDG 758. Inspiration was taken from UCP 600 with some fine tuning: accpet, reject or do nothing - and the implications of each of these. Chief among the innovations in the URDG 758 is the one banning non-documentary conditions. The consensus is that the new URDG 758 is a major improvement on URDG 458 in both comprehensiveness of scope and contents of rules. The URDG 758 is likely to become the international standard in the field of demand guarantees.

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The Ruin Probability in a Risk Model with Injections (재충전이 있는 연속시간 리스크 모형에서 파산확률 연구)

  • Go, Han-Na;Choi, Seung-Kyoung;Lee, Eui-Yong
    • The Korean Journal of Applied Statistics
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    • v.25 no.1
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    • pp.81-87
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    • 2012
  • A continuous time risk model is considered, where the premium rate is constant and the claims form a compound Poisson process. We assume that an injection is made, which is an immediate increase of the surplus up to level u > 0 (initial level), when the level of the surplus goes below ${\tau}$(0 < ${\tau}$ < u). We derive the formula of the ruin probability of the surplus by establishing an integro-differential equation and show that an explicit formula for the ruin probability can be obtained when the amounts of claims independently follow an exponential distribution.

Understanding the Freedom of Information (FOI) Work Process of Records Managers (기록연구사의 정보공개청구업무 및 업무 환경 분석)

  • Youn, Eunha;Kim, Soojung
    • Journal of Korean Society of Archives and Records Management
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    • v.15 no.1
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    • pp.7-28
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    • 2015
  • This study aims to identify the work process of records managers under the Freedom of Information Act (FOI). In particular, it attempted to reveal the problems and difficulties that record managers encounter during FOI work. To do this, this study conducted in-depth interviews with 11 records managers who were in charge of records management and FOI work, and the accumulated data were subjectively analyzed. The study discussed the relationship between records management and FOI and emphasized the need for procedural improvements of the act to alleviate psychological pressure on records managers and help them focus more on the records management process itself.

Nursing Care Fraud and False Billing - With the Case Study Basis - (요양급여의 허위.부정청구 -사례연구 중심으로-)

  • Huh, Su-Jin
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.41-69
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    • 2012
  • First introduced in 1977, Korean health care system reached to national coverage in short period of time never seen before in any other countries, and rated as successful system protecting the health of the public at relatively low price. However, despite those positive evaluations, some of fraudulent medical organizations or pharmacies are hindering the sound development of the national health care system with meticulous false billing exaggerating the number of patients or the days of their treatment. To prevent aforementioned nursing home fraud and false billing, the misconduct should be punished as subject to the criminal law and severally punished for fines and payments which far exceed the expected amount of illicit gains as it is basically violation of criminal fraud, other than the forced return of illicit gains based on civil laws. Furthermore, the Health Insurance Review and Assessment Service should strengthen and complement the fraud investigators, the review process, and the professional training to raise the detection rates. It might also want to review ways to implement whistleblower rewarding system and rewards for evidences of healthcare fraud to overcome the limits of external review.

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