• Title/Summary/Keyword: Article 28

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A Review on Recent Debate on Proposals of Amendment of the Article of Prohibition of Inhouse-Contract for Harmful Work in the Industrial Safety and Health Act (유해작업 사내도급 금지와 관련된 논란 및 개정방안에 관한 고찰)

  • Park, Doo Yong
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.24 no.1
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    • pp.1-13
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    • 2014
  • Objectives: The purpose of this study is to review the debate on the Article 28(Prohibition of Inhouse-Contract for Harmful Work) of the Industrial Safety and Health Law. Methods: Literatures and recent debate for prohibition and permission of inhouse-contract for harmful work were reviewed. Proposals of revision for the Article 28 of the Industrial Safety and Health Law were also reviewed. Results: It was not found reasonable to revise the Article 28 based on increased fatal accidents or diseases in the electroplating work and heavy metals handling works that are currently listed in the Presidential Decree under the law as the harmful works. Regulation types of prohibition or authorization for any harmful work shall have inherently poor coverage since the scope of application is extremely limited. Contractors for maintenance and repair of chemical facilities may not be included in the scope of application if the harmful works are defined as chemical handling works. If harmful works are prohibited, the contractor workers may loose their jobs. Therefore, it is necessary to consider balancing job security and occupational safety and health safety. Conclusions: Various limitations were found in the Article 28 and the proposals to revise it. Currently in-house subcontracting is widely spread in the workplace. Therefore, it may be inappropriate to set one or two Article such as the Article 28 and 29 to protect in-house subcontract workers from injury and illness. It is believed that it needs fundamental redirection and new approach with new paradigm to impose occupational safety and health duty to prime contractors.

Legal Issues in Specific Performance under International Business Transactions: The scope and application of Article 28 of the CISG (국제물품매매계약상 특정이행에 관한 법적 쟁점 - CISG 제28조의 해석과 적용을 중심으로 -)

  • KIM, Young-Ju
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.71
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    • pp.1-36
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    • 2016
  • Unlike continental European legal systems (civil law systems), specific performance in common law refers to an equitable remedy requiring exactly the performance that was specified in a contract. It usually granted only when money damages would be an inadequate remedy and the subject matter of the contract is unique. Thus, under common law specific performance was not a remedy, with the rights of a litigant being limited to the collection of damages. Consistent with the practice in civil law jurisdictions, United Nations Convention on Contracts for the International Sale of Goods (CISG) makes specific performance the normal remedy for breach of a contract for the sale of goods. Therefore, the buyer may require a breaching seller to deliver substitute goods or to make any reasonable repair. Likewise, the sellermay require the buyer to taker delivery of goods and pay for them. Despite this, Article 28 of the CISG restricts the availability of specific performance where it would be unavailable under the domestic law of the jurisdiction in which the court is located. Thus, the CISG's more liberal policy toward specific performance is restricted by common law. There are some legal issues in CISG's specific performance availability by Article 28. This paper analyzes these issues as interpreting Article 28 of CISG, by examining various theories of application to actions for specific performance and comparing CLOUT cases involving CISG Article 28.

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Teaching Models for Scientific Inquiry Activity through the Nature of Science (NOS)

  • Park, Jong-Won
    • Journal of The Korean Association For Science Education
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    • v.28 no.7
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    • pp.759-767
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    • 2008
  • This article arose from the previous studies, which suggested a synthetic list for the nature of science (NOS), discussed the relationship between the NOS and scientific inquiry and the development of the NOS in the context of scientific inquiry. In this article, for teaching scientific inquiry through the NOS, I proposed three teaching models - reflection, interaction, and the direct model -. Within these teaching models, understanding the NOS is viewed as a prerequisite condition for the improved performance of scientific inquiry. In the reflection model, the NOS is embedded and reflected in scientific inquiry without explicit introduction or direct explanation of the NOS. In the interaction model, concrete interaction between scientific inquiry and the NOS is encouraged during the process of scientific inquiry. In the direct model, subsequent to directly comprehending the NOS at the first stage of activity, students conduct scientific inquiry based on their understanding of the NOS. The intention of this present article is to facilitate the use of these models to develop teaching materials for more authentic scientific inquiry.

mortality analysis of limited source article (제한적인 출처논문을 활용한 사망률분석)

  • Lee, Sin-Hyung
    • The Journal of the Korean life insurance medical association
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    • v.29 no.2
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    • pp.22-28
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    • 2010
  • Medical risk selection or mortality analysis is very important in insurance medicine. Among many kind of source articles there have been several limitations. There are few long-term follow-up studies in rare disease, as Romeo's article. We can do mortality analysis of this type using cause of death within the article and assumption of expected mortality q'. In the case of article which is published in foreign country such as Tikkanen et al, we can use comparative group from the control group within source article. It is another way for mortality analysis of limited article. However Retrospective study even performed in Korea, is unusable for estimation of extra-mortality.

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A Study on the Contractual Waiver of Article 52 ICSID Convention (ICSID 협약 제52조의 계약상 포기에 관한 연구)

  • Kim, Yong-Il;Hong, Sung-Kyu
    • Journal of Arbitration Studies
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    • v.28 no.1
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    • pp.3-26
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    • 2018
  • This article examines whether parties may agree to contractually waive the right to bring annulment proceedings. Alternately it looks at whether certain grounds of annulment may be waived. The ability for parties to resolve this issue contractually by waiving this element of Article 52(1)(b) ICSID offers a potentially powerful solution. For parties to agree beforehand to the circumstances where tribunals have not 'manifestly exceeded their power' could allow them to remove the unpredictability of annulment on this foundation. Even in the event that an ad hoc committee is against the validity of waiver, it may be possible for a party to frame this restriction as an interpretative agreement by the parties rather than strictly as waiver of a ground of annulment. Ultimately, the wish to enter into such an agreement would likely only be driven by a few exceptional commercial need or prior negative experience with the remedy of annulment. In that cases, and depending on the nature of the specific concern with annulment, a limited waiver or interpretative agreement on certain Article 52(1) ICSID grounds may certainly be appropriate.

Exploratory Insight into the (Un)intended Effects of Trade Policy in Public Diplomacy

  • Albertoni, Nicolas
    • Journal of Public Diplomacy
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    • v.2 no.1
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    • pp.28-42
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    • 2022
  • The aim of this article is to rethink the role of international trade as a public diplomacy tool by considering the uncertainties that stem from political tensions. The main contribution made in this article is theoretical rather than statistical. However, we analyze trade and public opinion data to study the relationship between both factors. Using Latinobarometer, a cross-sectional survey that collects public opinion data from Latin America, this article analyses public opinion toward the United States and China. One of the main takeaways from this study is that, despite its potential to showcase political stability, public diplomacy undervalues 'unintended consequences' of international trade relations. This article takes up international trade as an unintended, but arguably effective, resource to be developed for the practice of public diplomacy. Findings presented in this article do not claim causation between trade and opinion, something that can be explored by further research, but rather introduce new questions for further research on the public diplomacy of trade relations.

A Study on Library Exemption Relating to Digital Reproduction and Transmission (디지털 복제 및 전송에 관한 도서관 면책 연구)

  • 홍재현
    • Journal of Korean Library and Information Science Society
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    • v.33 no.3
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    • pp.327-358
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    • 2002
  • The study has Proceeded through examining and analyzing related laws and articles on library exemption relating to reproduction and transmission in digital environment. First of all, the study investigates and analyzes in detail the changes and characteristics of the regulation of library exemption in WCT, EU, U.S., Japan, and Australia. After analyzing of the article 28 in current Copyright Act and amended proposal for Copyright Act in Korea, it found the regulation to be inadequate. As a result of the legal analysis, this paper is proposing a revised plan of the article 28 in the Copyright Act of Korea.

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