• 무역상무연구
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• 제13권
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• pp.83-103
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• 2000

Through the this paper, a conclusion could be derived from CISG PICC MISC made by UNIDROIT, UNCITRAL, ICC of representative system making out a draft for uniform law, convention, trade usages. (1) In short, like most int'l sales rules applicable to commercial contracts, these rules play a supporting role, supplying answers to problems arising from transaction between the parties. (2) Though every one has in its own way a special feature, use of MISC made on the basis of actual facts which the parties are faced with their daily transactions, CISG and Incoterms being now in force, is desirable. (3) In case of use of MISC similar to a system of Incoterms, as PICC, it is necessary for MISC to set forth definitions about important terminology which is possible to give concerned parties confusion. (4) In a sense, PICC has a character complementing problems which CISG can not solve, therefore, if int'l agreement is given, it is desirable to adopt revised PICC adding specials conditions (A) of MISC as appendix of PICC such as Llouyd's Form in an appendix to MIA, as int'l convention.

• 응용통계연구
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• 제30권5호
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• pp.759-774
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• 2017

2016년 9월 경주 지진 이후 원자력발전소, 고층 빌딩, 주택, 교량 등 우리 사회의 설비 자산들이 과연 지진으로부터 얼마나 안전한가, 앞으로 안정성을 담보하기 위해 어떤 정책을 펼쳐야 하는가에 대한 관심이 높아졌다. 본 논문에서는 한반도에서 발생한 역사지진 및 계기지진 목록을 데이터로 사용하여, 멱법칙 분포를 통해 한반도 지진 기록의 크기 분포를 설명하는 모수를 추정한다. 또한 추정한 모수를 바탕으로 미래에 한반도에서 일정 규모 이상의 지진이 발생할 확률을 계산한다. 한반도 미래 지진 발생 확률 계산 모형을 통해 지진 위험도를 파악하고자 하는 것이 본 논문의 목적이다.

• 무역상무연구
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• 제39권
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• pp.281-310
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• 2008

An understanding of importance of port has increased according to the in and out environment changes surrounding port. And the jurisdiction of physical distribution including port logistics integrated to Ministry of Land, Transport and Maritime Affairs. It is a good time for review the related port law once more. Present related port law has no problems itself. But because there are many laws about port, so overlap is shown in many aspects. According to this viewpoint, this study has focused to reduce the overlap in the contents of the laws and propose the improvement methods. So as to achieve this goal, I divided study fields into three aspects. The first is the subject of port management and second is the object of port management, the third is contents of port management. And also improvement plan provided in three aspects. Improvement plan is as follows. Firstly, the diversity of management subject is reduced considerably due to the integration of government organization but the problem which what laws among the various laws would adopt to same object is still remained. So it is necessary to make into one or two laws. Secondly, in the case of object of port management, it is essential to cover the port, port facilities and port hinterland with one comprehensive law. Therefore it is important to adjust the related clauses in various laws. Thirdly, in connection with the contents of port management, port development plan or other related port business and etc. described in various laws have to cordinated. At the same time, it is desirable that the similar terminology used in various laws would be unified.

• 무역상무연구
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• 제58권
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• pp.237-263
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• 2013

Traditionally, a L/C (letter of credit) has been known as a relatively low risk method of payment. This is why L/C has been used in international trade. However, L/C has a number of weak points such as high cost, long processing time, and complicated documents. Using an electronic L/C is one way to solve those weak points. In Korea, there are two types of electronic L/C. One is the EDI (Electronic Data Interchange) based L/C and the other one is the XML (Extensible Markup Language) based L/C. The former, established in 1990's, is sent from banks to the beneficiary solely through VAN (Value Added Network, KTNET) operators. On the other hand the latter, started in 2005, is sent from banks to KFTC (Korea Financial Telecommunications & Clearings Institute) for management of the L/C balance, as well as to KTNET. So far, paper L/C and EDI based L/C have been used overwhelmingly instead of XML based L/C in spite of the aforesaid disadvantages. In this paper, the authors examined empirically why the users of electronic L/C were reluctant to use XML based L/C. The results are as follows. First, the users of paper L/C were more dissatisfied than the users of electronic L/C due to many factors such as cost, the time required, and information reuse. Second, the users who have more experience with XML based L/C wanted to adopt integrated management with EDI based L/C more than the users who had not experienced XML based L/C. Third, the users who had used more than one form of L/C wanted to adopt integrated management to EDI and XML based L/C more than the users who had only used one form of L/C. Therefore, the authority for electronic L/C should consider a change of the policy from the XML based electronic L/C oriented to integrated management of the various types of L/C.

• 의료법학
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• 제11권1호
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• pp.271-296
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• 2010

Objective: Poisonous Medicinal herbs can be considered as a risk factor to public health unless they are prescribed by Doctor of traditional Korean medicine. The proper method to manage them should be prepared to prevent risk factors caused by misuse and abuse of the poisonous medicinal herbs and enhance public health. Methods: In this dissertation (paper), the definition, scope, management status, data about pharmacology and toxicity and media release regarding adverse reaction were understood after organizing documents, laws and regulations concerning poisonous medicinal herbs. Also, management methods are suggested by analyzing related examples and regulations in China, Japan and Hong Kong, where the use of herbal medicine is general. Results: Methods for items for poisonous medicinal herbs, safety information management, management based on standardization of traditional processing methodology and reorganization and revision of related laws and regulations are established. Conclusion: Proper laws and regulations are not yet established to manage poisonous medicinal herbs in Korea. In this regard, it is urgent to establish laws and regulations which can apply independently. The purpose of the laws and regulations should be to enhance management of poisonous medicinal herbs and prevent incidence of addiction and death, improving the public health.

• 한국중재학회지:중재연구
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• 제15권3호
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• pp.113-137
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• 2005

In the provisions of 'the Arbitration Law of China, there are special provisions for international arbitration. When a court refuses the recognition and enforcement of foreign arbitral awards or cancel the domestic awards relating to international arbitration, they have to adopt the provisions of 'Chinese Civil Procedure Law'. These provisions are the same as the provisions of Korean Civil Procedure Law concerning the reasons of renewal. In the Korean Arbitration Act, those provisions disappeared when it was revised on December 31, 1999. Among the characteristics of the Chinese arbitration system, a serious question is that it provides only institutional arbitration and there is no ad-hoc arbitration in the Chinese Arbitration Law. On the other hand, when the parties appoint three arbitrators according to their agreement, the parties appoint the third arbitrator by mutual agreement and when they fail to agree, the Arbitration Committee appoints the third arbitrator. In practice, as the parties hardly agree on the third arbitrator or sole arbitrator, the Committee usually appoints them. And appointing an arbitrator from out of their panel of arbitrators is permitted these days only under examination by the Arbitration Committee in accordance with the arbitration rules of the China International Economic and Trade Arbitration Commission, Other arbitration committees except the China International Economic and Trade Arbitration Commission are still prohibited from making appointments from out of their panel of arbitrators. Accordingly, arbitration in China cannot be predicted and poses a question about legal stability as party autonomy is restricted in the appointment of arbitrators and arbitral procedure. Such being the case it is strongly recommended to select Korea as the place of arbitration in transactions with China. However it is better to arbitrate than to file a law suit in China.

• 한국중재학회지:중재연구
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• 제30권3호
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• pp.137-167
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• 2020

As arbitration is widely used as an alternative dispute resolution mechanism, third-party funding, which is a person or entity with no prior interest in the legal dispute providing non-recourse financing for one of the parties, has become more prevalent with increasing costs of international arbitration. In particular, Hong Kong and Singapore are the first jurisdictions to adopt and implement legislations to specifically permit third-party funding of international arbitration. Thus, in this article, relevant issues with respect to third-party funding of arbitration, such as, conflicts of interest, disclosure, privilege and confidentiality of information, cost allocation, security for costs, and control over arbitral proceedings by the third-party funder are examined with pertinent provisions of the recent legislations. While the respective legislations of Hong Kong and Singapore may not directly address every issue raised by third-party funding of arbitration, as they make it clear that such is no longer prohibited by the old common law doctrines of champerty and maintenance, they have clarified conflicting case law as well as proactively promoted themselves as leading seats of international arbitration.

• 무역상무연구
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• 제72권
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• pp.81-113
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• 2016

The adoption of the YAR 2016 brings to an end the 12 years of uncertainty for shipowners and Marine insurers which followed the adoption of the YAR 2004, which did not have the support of shipowners, and which were very rarely used in preference to the well-established and well understood YAR 1994. The development and finalisation of the YAR 2016 is the product of an extensive review undertaken by the IWG with input from the International Group, international average adjusting community, National Maritime Law Associations, the International Chamber of Shipping, BIMCO and IUMI amongst others. The Group clubs welcome and support the adoption of the YAR 2016 and recommend its incorporation in members' future shipping contracts. The Club will be taking steps to adopt logical changes to the 2017 Rules. In the meantime, this circular serves as confirmation Club cover extends to all shipping contracts incorporating YAR 2016. This study analyse the adjustment practice of general average according to the application of YAR 2016.

• 한국IT서비스학회지
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• 제11권sup호
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• pp.41-50
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• 2012

With the recent advances in smart grid technologies and the increasing dissemination of smart meters, the power usage of each time unit can be detected in modern smart building environments. Thus, the utility company can adopt different price of electricity at each time slot considering the peak time. Korea government also announces the smart-grid roadmap that includes a law for realtime price of electricity. In this paper, we propose an efficient power scheduling scheme for smart buildings that adopt smart meters and real-time pricing of electricity. Our scheme dynamically changes the power mode of each consumer device according to the change of power rates. Specifically, we analyze the electricity demands and prices at each time, and then perform real-time power scheduling of consumer devices based on collaboration of each device. Experimental results show that the proposed scheme reduces the electricity charge of a smart building by up to 36.4%.

• 무역상무연구
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• 제69권
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• pp.371-388
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• 2016

International air transport for cargo services is a facilitator for various trade sectors and, by itself, an important service industry. Although international air cargo industry is expected to grow continuously, industry stakeholders complain about legal constraints in the industry and demand more liberalized regime. From its birth at the beginning of the 20th century, the airline industry was tightly regulated by governments with a strong tradition of protectionism. In the past few decades, however, protectionism in the airline industry has steadily declined. Indeed, the airline industry is largely in the process of liberalization. Interestingly, it has been easier to liberalize air cargo service than passenger service. Indeed, states have traditionally shown far more willingness to provide market access for foreign carriers carrying cargo than passengers. Given the impact of air cargo service in a state's wider economy and own characteristics of cargo services (i.e. air cargo traffic is inherently one-way, unlike passenger traffic, which tends to involve round trips), more liberalized approach is necessary for air cargo services. Among three approaches: bilateral, regional (block-based) and multilateral, it is desirable to adopt a multilateral treaty (a new multilateral all-cargo agreement) so as to harmonize and simplify complicated trade regulations on air cargo services.