• Title/Summary/Keyword: Article 21.6

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A Comparative Study on the Foreign Corrupt Practices Act (FCPA) and Article 21.6 of the KORUS FTA (미국 해외부패방지법(FCPA)과 한미 FTA 제 21.6 조 비교연구)

  • Bae, Sungho
    • International Commerce and Information Review
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    • v.15 no.1
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    • pp.287-307
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    • 2013
  • Numerous discussions on the KORUS FTA has been centered around issues on trade in goods, services, or dispute settlement mechanisms. On the other hand, little attention has been given to Chpater 21 of the KORUS FTA on transparency, especially Article 21.6 which states about anti-corruption. Article 21.6 and the Foreign Corrupt Practices Act shares the common purpose to prevent corruptive business practice, and they show similarities in many aspects. The FCPA enforcement has dramatically increased over the past ten years by the U.S. Department of Justice and Securities Exchange Commission stretching its jurisdiction to foreign nationals and companies. Korean business professionals and corporations are exposed to both Article 21.6 and the FCPA on corruption issues. Thus, it is imperative to understand Article 21.6 to be equipped with anti-corruption compliance programs. This paper examines the FCPA and Article 21.6 through comparative analysis and proposes appropriate measures for Korea to take.

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Manufacturing and Performance Evaluation on Specimen pipes with Large Size Diameter and Thin Thickness for KSLV-II (한국형 발사체 적용 대형 박판 배관 시편 제작 및 성능 평가)

  • Lee, Hanju;Lee, Jung Ho;Oh, Seung Hyub
    • Aerospace Engineering and Technology
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    • v.12 no.1
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    • pp.81-86
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    • 2013
  • This article deals with the manufacturing and performance evaluation on the specimen pipes which have large size diameter and thin thickness. This specimen is for LOX main pipe of KSLV-II propulsion feeding system. The material of specimen is alloy 21-6-9. Alloy 21-6-9 has higher strength and better weldability rather than STS-300 class pipes. We found that the specimen using alloy 21-6-9 satisfied the requirement by pressurization tests.

A Study on the Draft and Issues for the Revision of UNCITRAL Arbitration Rules (UNCITRAL 중재규칙 개정안의 내용과 쟁점에 관한 연구)

  • Lee, Kang-Bin
    • Journal of Arbitration Studies
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    • v.17 no.2
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    • pp.43-70
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    • 2007
  • The purpose of this paper is to make research on the contents and discussions of the draft of revised UNCITRAL Arbitration Rules that have been discussed and considered by the Working Group. At its thirty-ninth session (New York, 19 June-7 July 2006), the Commission agreed that, in respect of future work of the Working Group, priority be given to a revision of the UNCITRAL Arbitration Rules (1976). At its forty-fifth session (Vienna, 11-15 September 2006), the Working Group undertook to identify areas where a revision of the UNCITRAL Arbitration Rules might be useful. At that session, it was considered that the focus of the revision should be on updating the Rules to meet changes that had taken place over the last thirty years in arbitral practice. The largely amended provisions of the draft of revised UNCITRAL Arbitration Rules are as follows : Notice of arbitration and response to the notice of arbitration (Article 3), Designating and appointing authorities (Article 4 bis), November of arbitrators (Article 5), Appointment of arbitrations (Article 6), Appointment of arbitrators in multi-party arbitration (Article 7 bis), Challenge of arbitrators (Article 9), Replacement of an arbitrator (Article 13), Pleas as to the jurisdiction of the arbitral tribunal (Article 21), Interim measures (Article 26), Form and effect of the award (Article 32), and Liability of arbitrators (Proposed additional provisions). There are some differences between the draft of revised UNCITRAL Arbitration Rules and the KCAB Arbitration Rules. In order to jnternationalize the Korea's commercial arbitration system, it is desirable that the main articles of the draft of revised UNCITRAL Arbitration Rules should be admitted to the KCAB Arbitration Rules. In conclusion, the Commission was generally of the view of any revision of the UNCITRAL Arbitration Rules should not alter the structure of the text, its spirit, its drafting style, and should respect the flexibility of the text rather than make it more complex. The Working Group agreed that harmonizing the provisions of the UNCITRAL Model Law should not be automatic but rather considered only where appropriate.

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Pedagogical Analysis Of The Phenomenon Of Digital Competence

  • Yovenko, Larysa;Novakivska, Lyudmyla;Sanivskyi, Oleksandr;Sherman, Mykhailo;Vysochan, Lesia;Hnedko, Natalia
    • International Journal of Computer Science & Network Security
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    • v.21 no.6
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    • pp.7-10
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    • 2021
  • The article analyzes and concretizes the understanding of the differences between the concepts of competence / competence according to the criterion general - personal. Based on the identified characteristics of competence (completed personal quality, activity character, educational result, successful implementation of professional and educational activities), the concept of competence as an integrative dynamic quality of a person, manifested in effective activity in a specific area, is defined. The structure of the IC has been substantiated, including motivational and value; information technology; communicative and reflective components. The content of the named IC components is disclosed. The article analyzes the essence of the characteristics of basic concepts (competence / competence), consideration of information competence in the research of famous scientists in order to concretize the studied phenomenon; concretization of the identified pedagogical conditions in educational process.

Analysis of the Features of Corporate Governance by the State: Similarity and Difference of Models

  • Martynyshyn, Yaroslav;Kukin, Igor;Khlystun, Olena;Zrybnieva, Iryna;Pidlisnyi, Yevhen
    • International Journal of Computer Science & Network Security
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    • v.21 no.6
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    • pp.29-34
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    • 2021
  • The article formulates the key characteristics and features of country models of corporate governance. It was revealed that all countries are characterized by a fairly high concentration of ownership, insider control; Key gaps in the implementation of corporate governance principles were found: transparency and disclosure of information, protection of shareholders' rights, gender diversity of boards of directors, implementation of recommendations on the share of independent directors; The criterion of countries' efficiency (total investments) was identified and recommendations for their improvement were developed.

The Role of the ICAO in Implementing the FANS and its Applications in Air and space Law (바르샤바협약상(協約上) Wilful Misconduct의 개념(槪念))

  • Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.6
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    • pp.191-215
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    • 1994
  • The concept of 'wilful misconduct" was initally used in article 25 of the Warsaw Convention of 1929. The concept was defined in the Hague Protocol, 1955, as having the following two differing concepts: i) "with the intent to cause damage" and ii) "recklessly and with the knowledge that damage would probably result." The concepts contained in the Hague Protocol were used in various international Conventions on carriage by sea, such as Article 2(e) and Article 3(4) of the Protocol adopted at Brussels on Feb. 23, 1968 to amend the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, signed at Brussels, Aug. 25, 1929(Hague-Visby Rules), Article 13 of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, Dec. 13. 1974, Article 4 of the Convention on Limitation of Liability for Maritime Claims, 1976, Article 8(1) of the U.N. Convention on the Carriage of Goods by Sea, 1978(Hamburg Rules) and Article 21 (1) of the U.N. Convention on International Multimodal Transport of Goods, Geneva, 1980. The same concepts were also adopted in Article 746, 789-2(1), 789-3(2) of the Korean Maritime Commercial Law, revised in 1991. As of yet, the legal system of Korean Private Law recognizes only the concepts of "Vorsatz" and "grobe Nachlassigkeit", as is the case with German Private Law. The problem is that the concepts in the Convention do not coincide precisely with the concepts of "Vorsatz" and "grobe Nachlassigkeit". The author has conducted a comparative analysis of the treatment of the concepts of wilful misconduct and its varied interpretations, that is, "with the intent to cause damage" and "recklessly and with the knowledge that damage would probably result" in the Anglo-American law and in the continental European law in the following manner: 1. Background in which the concept of wilful misconduct was introduced in the Warsaw Convention. 2. The concept of "dol" in French private law. 3. The concepts of "Vorsatz" and "grobe Nachlassigkeit" in Korean private law. 4. Analysis of the concept of wilful misconduct in Anglo-American case law. 5. Analysis of the cases interpreting the concepts of "with intent to cause damage" and "recklessly and with knowledge that damage would probably result" in various jurisdictions. 6. The need to incorporate the concepts of "with the intent to cause damage" and "recklessly and with the knowledge that damage would probably result." 7. Faute inexcusable in French private law. Based upon the comparative analysis, the author points out the difference between the concepts of "wilful misconduct" or "with the intent to cause damage" and "Vorsatz", and between the concepts of "recklessly and with the knowledge that damage would probably result" and "grobe Nachlassigkeit" in the Convention and that of the Korean Private Law system. Additionally, the author emphasizes the importance of the unification in the interpretation of the provisions of the Conventions world wide.

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Theoretical Problems of Designing Pedagogical Technologies in Higher Education Institutions

  • Yakymenko, Svitlana;Sukholova, Marianna;Drahunova, Vira;Konokh, Anatolii;Levchenko, Nataliia;Bozhok, Nataliia
    • International Journal of Computer Science & Network Security
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    • v.21 no.12spc
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    • pp.469-472
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    • 2021
  • The article discusses theoretical and methodological issues of modern pedagogical technologies: the essence, structure, functions, principles, conditions for successful functioning in educational process of the university. The article reflects the results of the analysis of publications on the following grounds: 1) levels of presentation of scientific information (theoretical, theoretical and experimental, empirical); 2) signs and properties of educational technologies; 3) approaches to the choice of grounds for classifications of educational technologies; 4) the possibilities of educational technologies in the formation of the academic, communicative and professional competence of a specialist; 5) criteria for assessing the effectiveness of their application in university educational practice; 6) the readiness of university teachers to develop and implement educational technologies.

Changing Roles of the Librarians under the New Information Environment (정보환경의 변화와 사서의 역할변용)

  • 박준식
    • Journal of Korean Library and Information Science Society
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    • v.31 no.2
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    • pp.21-40
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    • 2000
  • This article investigates the roles the librarians can take under the rapidly changing information environment of 21st century, in order to maintain and develop the values as professionals continuously. It suggests six role models: 1) Information educator planning and implementing the user instructions in the libraries; 2) Information counselor providing humane services through counseling on reading and cooperations in research of the library users; 3) Information searcher searching and providing thc information rapidly and accurately to the users; 4) Information mediator evaluating the usefulness of the acquired information and even providing the consulting on information management; 5) Subject speaalist specialized in specific information services; 6) Cultural program planner planning and implementing the various cultural programs.

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Research on the Physical Characteristics of the Elder People and Park Design

  • Zhang, Yun-Ji;Piao, Yong-Ji;Cho, Tae-Dong
    • Journal of Environmental Science International
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    • v.21 no.6
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    • pp.661-666
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    • 2012
  • This article reveals the relationship between the body characteristics of the elder people and the size of park facilities during utilization of parks by scientific investigation. The experiment involves 540 elder people, and offer concrete evidence for park design in ageing society. These evidences mainly consists of the following aspects: First, the relation between physical situation of elder people and their using parks. Secondly, the relation between the hearing status and exchange circle diameter in elders. The last is the relation between the distance visual acuity and designing the scene. Finally we get the most suitable step length range, stairs height, road slope, communication space diameter and general formulas about the best vision distance for elder people.

Kinematics Analysis and Implementation of a Motion-Following Task for a Humanoid Slave Robot Controlled by an Exoskeleton Master Robot

  • Song, Deok-Hui;Lee, Woon-Kyu;Jung, Seul
    • International Journal of Control, Automation, and Systems
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    • v.5 no.6
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    • pp.681-690
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    • 2007
  • This article presents the kinematic analysis and implementation of an interface and control of two robots-an exoskeleton master robot and a human-like slave robot with two arms. Two robots are designed and built to be used for motion-following tasks. The operator wears the exoskeleton master robot to generate motions, and the slave robot is required to follow after the motion of the master robot. To synchronize the motions of two robots, kinematic analysis is performed to correct the kinematic mismatch between two robots. Hardware implementation of interface and control is done to test motion-following tasks. Experiments are performed to confirm the feasibility of the motion-following tasks by two robots.