• Title/Summary/Keyword: Choice of Law

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The Special Plan of the Traffic Accident Treatment in the Emergency Car Concerning Fire Fighting (소방관련 긴급자동차의 교통사고처리 특례방안)

  • Jeng, Gi-Sung
    • Fire Science and Engineering
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    • v.22 no.2
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    • pp.20-29
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    • 2008
  • The traffic accident of Fire engine takes place very much, compared with that of the past. The reason is that there is a lot of the increase of the demand in the fire, rescue, first aid, and the public request. Also, because the Fire engine should go out at the place of the accident very quickly, it should inevitably violate the traffic regulations. Therefore, this is due to the traffic accident. Despite the urgent situation in the infringement motive of traffic regulations, the outbreak of the traffic accident does not vary largely from the degree of the disadvantage. Accordingly, a fire officer should take charge of his social and economic disadvantage by himself. In this situation, a fire officer has no choice but to start moving passively not to be afflicted with his own disadvantage. Most of the situations concerning the fire fighting are the ones to be controlled urgently. Nevertheless, because of the disadvantage of the traffic accident, passive mobilization of the fire fighting equipment is the heavy burden of all the people of the nation. Therefore, Special institutional safety device should be ready for the protection of the life and property of all people. The special law concerning the processing in the accident of the emergency car needs to be revised. By establishing this special law, the government should not provide the officer who drives the fire engine with the disadvantage caused by traffic accident.

Competition and Diversity: Perspective of the Objectives of Broadcasting-related Laws (경쟁과 다양성: 방송관련법의 목적의 관점)

  • Hong, Dae-Sik
    • Journal of Legislation Research
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    • no.44
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    • pp.63-101
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    • 2013
  • This article firstly explores into the concepts, components, and pictures of institutional realization of competition and diversity respectively on the premise that competition and diversity comprise the primary objectives to be pursued by the broadcasting-related laws which provide the concrete measures of media policy, and argues that while the competition objective has differentiation factors, there are also particularities in the diversity value in the broadcasting-related laws as sector-specific competition laws. Then assuming that special competition rules including structural regulatory measures particularly in the broadcasting market are required in order to realize values of competition and diversity harmoniously, this article suggests the following improvement directions for regulations aimed at protection of competition and diversity in the broadcasting-related laws. The first one is with the improvement method for regulations aimed at protection of competition. Regulation on share of audience as an ex ante regulation of status and regulation on prohibited activities as an ex post regulation of conduct may play important roles in substituting the causative regulation while seeking for diversity value. For this purpose, it is needed to develop a concrete method that incorporates diversity-related factors as consideration factors in the standard for determining illegality of prohibited activities by inference to methods of determining illegality in the competition law. The second one is with the improvement method for regulations aimed at protection of diversity. This could be considered from three viewpoints that are the setting of regulatory objectives, the identification of alternative regulatory measures, and the choice of regulatory measures and levels suitable for regulatory objectives. From these viewpoints, the regulatory framework should be improved mainly with institutional measures in which diversity value is used for tools of assessment and analysis, not just remaining as mere rhetorical devices, and whether or to what extent to maintain regulations seemingly unreasonable in terms of harmonization with economic objectives such as competition should be discreetly reviewed.

Formation of the Digital Generation in a Distance Learning Environment

  • Nataliіa, Levchenko;Nataliia, Sukhostavets;Lesia, Zelman;Alla, Kulichenko;Kseniia, Balabanova
    • International Journal of Computer Science & Network Security
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    • v.22 no.5
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    • pp.335-341
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    • 2022
  • This article is devoted to the study of the process of formation of the digital generation in a distance learning environment. With the introduction of quarantine due to the spread of COVID-19, opponents of digital technologies were forced to turn to relevant resources, while supporters identified new opportunities for the development of didactics and education in general. The irreversibility of the former educational reality became apparent and only the scale of the vision of potential change by interested and disinterested groups differed. Using a comprehensive approach, the authors consider the issues related to the direct and indirect impact of distance learning on children and young people born after the beginning of the XXI century. The article reveals the prerequisites and implications of distance education for the interaction of participants in the educational process. IC technologies during the educational process in the primary grades, in addition to identifying the student's learning deficit, should provide the transmission of non-verbal signals, which are important for children of this age. At the same time in the secondary school IR-technologies are designed to replace frontal learning during the assimilation of knowledge and at the same time not to worsen the quality of the educational process. Formation of students in the HEI takes place in the political science format, constant discussion of problem situations, so the task of introducing IC technology in this process is the accurate transfer of the content of the discussions. Individualization and autonomization of the educational process, its dependence on the results of the choice of educational content, and the use of pedagogical management tools change the philosophy of education for children and youth. The authors conclude that the formation of a digital generation, characterized by an increased level of digital literacy of children and youth, the possession of a certain level of digital capacity requires the use of strategies aimed at optimizing the learning process in a digital educational environment.

Development plans of FTA Experts in Product Areas (상품분야 FTA 전문 인력 양성 방안)

  • LIM, Mok-Sam;CHOI, Mi-Soo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.70
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    • pp.159-179
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    • 2016
  • Companies do not be resolved by the FTA services of external aid should be operational by assigning dedicated personnel inside the company. FTA is a choice, not an essential trade agreement requirements. If the exporter contracts to provide a certificate of origin in trade agreements, it shall issue a certificate of origin of goods originating management is performed. When considering the future trend of spreading wide FTA, it should be extended to one year to take advantage of the FTA Certificate of Origin environments utilizing a comprehensive environment for regional countries that require proof of origin between certain countries, such as current. FTA utilization of the future is to utilize the GVC(Global Value Chain) efficiently. In other words, the expansion of the consumer market and take advantage of an efficient production base across borders. These environmental changes are needed development of the FTA utilization promotion and FTA experts. The experts studying how to procure raw materials or intermediate goods exports in a variety of regional foreign countries, to meet the rules of origin is required for a successful FTA utilization. One of the objectives of Origin managers are qualified experts in the country of origin can take advantage of the FTA plan. Therefore, managers of origin shall collect their ability to expand the understanding and information about the industry as an international business perspective beyond the Certificate of Origin. In addition, it should be in their best learning expertise for the introduction and development of country of origin control system in an effort to effectively perform its international FTA utilization. Once the FTA is more widespread in the future and build a common origin information it must not be disconnected until the export enterprises from terminal manufacturers systematically. Therefore origin management is preferred by expanding the knowledge base of teaching and learning in the common sense to the universal subject of specialization from professional schools to promote the relevant departments so that they can be opened in a college or university. An FTA hub linking East and West, also need the confidence that in order to become a center of Glabal Supply Chain Using an FTA Certificate of Origin and stable environment for importers to import products from the country offers. Certificate of Origin and all of them thoroughly exporters and companies related to the administration of origin and should create an atmosphere that can effectively respond to the origin verification. Korea shall endeavor to elicit a geopolitical value (FTA Hub), as well as securing a competitive advantage in the global industry leverage, trading at a reasonable price competitive products thereby enhancing production and economic growth through the FTA.

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A study on Cheong-ju urban land use planning on the subject of Zoning (청주권 토지이용 체계에 관한 연구 (지역지구제 중심으로))

  • 권상준
    • Journal of the Korean Professional Engineers Association
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    • v.16 no.1
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    • pp.20-34
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    • 1983
  • A phenomenon in the unplanned urban sprawl of Cheong-ju city has to be rest-rained from disposing and to develop, though progress in urbanization inevitably decreases rural area. So, this thesis aims at reviewing, revising and guiding toward the more effective land use planning practice and zoning mechanism and system of Cheong-ju city. I proposed that land use planning should be had several factors and thereupon that Korean zoning mechanism and system including Building Code should be amended because of inducing human activities in buildings and facilities not to demarcate and plan every one of them. First, the factors of urban planning are a rather diversified approach to it than a unified, supplementation of the applicable difference in time between preparing and appling it, a solid controlling system, a micro and macro planning theory and giving serious consideration for the inertia from the existing land use. Second, the applicable amendments for our zoning mechanism including Eluding Code are as follows; a need of reorganization for Zoning Ordinance appricated to different regulation concerning a scale and peculiarity of a oily, a decision of the different earmarked confinement in area to different zone ana from Zoning Ordinance in City Planning Law, a demarcated facilities and the more detailed land use concerning human activies than the exsisting and entrusting decision on the ways and processes of it to every rural city planning committee, a settlement of zone ana area considering for block-unit and Planned Unit Development(P. U. D.), and a need of security jurisprudence in order to solve the zoning regulation rather in City Planning Law than in Building Code that our zoning regulation and controlling system are depended on. According to these applicable amendments to Cheong-ju city, I proposed the conceptions of Cheong-ju city land use planning are as follows; a reinforcement with one cored pattern of urban land use, a selection of gradual urban sprawl by way of city development and renewal, a strengthening accessibility to the core of the city with Plurizing the system of arterial roads, a choice of priority to conservation at the core of tile city and security of open spaces and parking area at the area of the city, a harmonization between development and conservation at the inner ring area that is situated between the core and periphery reserved area in order to develop in the future, a buffered open space situated at the congested area with heterogenous functions, and a completion of urban open space system. The proposal made here so far is for the hope of the better structure of Cheong-ju city that should be granted to the peculiarity developed with educational, cultural, conservative and self-sufficient city functions.

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A Study on the Organization and Operation of the Inter-Korean Commercial Arbitration Committee in Gaeseong Complex (개성공단에서의 남북상사중재위원회 구성.운영에 관한 연구)

  • Kim, Kwang-Soo
    • Journal of Arbitration Studies
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    • v.24 no.2
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    • pp.3-31
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    • 2014
  • As all aspects of international activity have kept growing in good transaction, transnational investments, joint ventures, and the licensing of intellectual property, it is inevitable for disputes to increase across national frontiers. International disputes can be settled by arbitration and ADR. In the situation presented in the paper, any dispute shall be finalized by arbitration and conciliation in the Gaeseong Industrial Complex. Inter-Korean Commercial Arbitration in the Gaeseong Industrial Complex has become the principal method of resolving disputes in trade, commerce, and investment in accordance with the "Agreement on South-North Commercial Dispute Settlement Procedures," "Agreement on Organization and Operation of Inter-Korean Commercial Arbitration Committee," and the Annexed Agreement on "Organization and Operation of Inter-Korean Commercial Arbitration Committee" (2013). But the follow-up measures of the said agreements have not been fulfilled. Some prerequisite measures of the Inter-Korean commercial arbitration must be satisfied. In order to proceed with arbitration and conciliation in the Gaeseong Industrial Complex, we need to ask the following: Does the status of an arbitrational matter? Should an agreement to arbitrate contain a choice of law clause? Should one provide for one arbitrator or three? How should the arbitrators be selected? What is the relation between party-appointed arbitrators and the presiding arbitrator (neutral arbitrator)? Do arbitrators compromise more than the litigation? Can conciliation be combined with arbitration? To execute the enactment of arbitration regulations, the contents of the Arbitration Rules of the Korean Commercial Arbitration Board (South) and the Korea International Trade Arbitration Committee (North), together with the Korean Arbitration Act and External Arbitration Act of North Korea and the UNCITRAL Model Arbitration Law and UNCITRAL l Arbitration Rules are reflected in the Rules. There are many aspects of the Inter-Korean Commercial Arbitration. It is essential to understand key elements; namely, the arbitration agreement, appointment of arbitrator, arbitral proceeding and arbitral award, and enforcement and setting aside of arbitral award. This research deals with five chapters. Chapter 1 provides the introduction. Chapter 2 deals with trade volume between South and North Korea and the kinds of dispute in Gaeseong. Chapter 3 addresses contents and follow-up measures of the agreement on the "South-North Commercial Dispute Settlement Procedures," "Agreement on Organization and Operation of Inter-Korean Commercial Arbitration Committee," and the Annexed Agreement on "Organization and Operation of Inter-Korean Commercial Arbitration Committee" (2013). Chapter 4 features the problems and tasks of the pertinent agreements. Chapter 5 gives the conclusion. Enabling parties to find an amicable solution to the dispute in the Gaeseong Industrial Complex can lead to a useful and appropriate framework either through direct negotiation or by resorting to conciliation or mediation in accordance with pertinent agreements and follow-up measures contained in the agreements.

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The Seller's Obligation to Deliver Goods under CISG (국제물품매매협약상 매도인의 물품인도의무)

  • HEO, Hai-Kwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.77
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    • pp.1-22
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    • 2018
  • Under CISG the places of delivery by the seller of the goods are: If the seller is not bound to deliver the goods at any other particular place and the contract of sale involves carriage of the goods, the seller has to hand the goods over to the first carrier for transmission to the buyer. However, if the contract does not involve carriage of the goods, he has to place them at the buyer's disposal at the place where, at the time of the conclusion of the contract, both the seller and the buyer knew that the goods were at, or were to be manufactured or produced. This rule applies when the contract relates to specific goods, or unidentified goods to be drawn from a specific stock or to be manufactured or produced. Finally, in ant other cases the seller has to place the goods at the buyer's disposal at the place where the seller had his place of business at the time of the conclusion of the contract. As to time of delivery, if a date is fixed by or determinable from the contract, the seller has to deliver the goods on that date. If a period for delivery is fixed by or determinable from the contract, he has to deliver the goods on any date within that period. In this way the seller chooses the specific date of delivery within that period, while circumstances indicate otherwise that the choice is to be made by the buyer. There no such date or period, the seller has to deliver the goods within a reasonable time after the conclusion of the contract. If the seller delivers the goods before such the date or period, the buyer is entitled to take delivery or refuse to take delivery. Under these backgrounds of provisions of CISG, this study first suggests the concepts of the handing over of the goods by the seller to the carrier and the placing them at the buyer's disposal. Then it goes further to looks into exactly where and when the delivery has to occur. In these context, this study more examines what happens if there is a breach of contract by the seller in connection with the delivery. That is, if the seller delivers non-conforming goods or at wrong place; what if there is a partial delivery or a premature delivery.

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The NHS Over-the-Counter Drugs Policy in UK: Its Experiences and Implications (영국의 일반의약품(Over-the-counter drugs) 관리법의 의료정책적 함의)

  • Han, Dong-Woon
    • The Korean Society of Law and Medicine
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    • v.12 no.2
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    • pp.265-291
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    • 2011
  • Changes in a drug's availability from prescription only to over-the-counter (OTC) status is of concern to physicians from both public health and individual patient perspectives. Government has generally been supportive of changes in medications from prescription(Rx) to over-the-counter (OTC) status in Korea, however, recognizing that there are both benefits and risks to any health care intervention, health care professionals are conservative in implementing changes to either the process or structure of health care. Changes in status of a drug from Rx to OTC can represent a change in both structure and process. Cost and convenience seem to be major factors in determining whether, given the choice, patients purchase a medicine over the counter or obtain it on prescription. With current arrangements, exemption from prescription charges provides an incentive to continue to obtain products on NHS prescription even when they are available over the counter. There is therefore no simple relation between the availability of over the counter medicines and the level of prescribing of deregulated products. The appropriate use of over the counter medicines-particularly those that have only recently been deregulated-places a burden of care on community pharmacists and calls for closer working relationships with general practitioners. In particular, systems for referral and for recording details of both prescribed and over the counter medicines need to be developed, and a direct route needs to be established for community pharmacists to report adverse drug reactions to over the counter products. Reclassification of prescription medicines-by making them available through pharmacies without a prescription-provides the opportunity for consumers to purchase a wider range of medicinal products without making a demand on NHS resources. There is, however, no simple relation between availability of over the counter medicines and demand for NHS prescriptions. In the late 1980s the UK government fuelled the over the counter market by making it easier to reclassify certain medicines from prescription only status to allow over the counter sale in pharmacies. To explore the influence of deregulation of medicines on NHS prescribing, this article presents analyses of consumer behaviour in using medicines and prescribers' attitudes to over the counter medication and collates findings from research. Policy makers should be aware that patients' expectations in relation to OTC medicines may be in conflict with evidence-based practice.

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Global Convergence for Healthcare ICT Services (헬스케어 ICT 서비스의 글로벌 컨버전스)

  • Won, Dal Soo;Lee, Sang San;Jung, Yong Gyu
    • The Journal of the Convergence on Culture Technology
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    • v.2 no.2
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    • pp.45-49
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    • 2016
  • It may be summarized to four kinds of innovation through global convergence, and the convergence of adjacent areas according to mega-trends in medical services market and actively introduced ICT technologies, public and private partnership. Health care is no longer a local industry, it is becoming Global Convergence. In the case of developed countries, it is increased to income levels, the development of new medical technologies, while the increase in specialized medical services and need of aging population. It increases migration of foreign medical personnel, geographical proximity and choice of the best medical technology, regardless of the cost. The increasing demand for high quality yet relatively low foreign prices of medical services. Hospitals are especially spread of international certification such as the US JCI standards. Hospital exports are being evaluated and opened the way for the export industrialization as ICT convergence hospital that can be exported to the fusion-related technologies more efficiently. Current local hospital has already reached saturation, globalization of Korean hospital is being the time necessary. Thus, unlike a strategy for each country, as well as technology transfer it is also possible, such as total exports provided the building, medical equipment procurement, local medical personnel (doctors and nurses) selection and training, PR and marketing. In the current medical law and need to be revised prospectively maintained for publicity and abroad, there is a need for further legal dragons and actively support a more flexible policy on the application of national law overseas medical services.

A Comparative Legal Study on Safety and Transportation Convenience of Mobility Disadvantaged Persons (항공교통약자 안전 및 이용편의를 위한 비교법적 연구)

  • Hwang, Ho-Won;Cho, Jeong-Hyeon
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.1
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    • pp.63-97
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    • 2016
  • Ago the passenger who using a wheelchair was denied boarding from the airline. The ACT ON THE PROHIBITION OF DISCRIMINATION AGAINST DISABLED PERSONS prohibits discriminatory treatment of persons with disabilities in transportation. But there are situations that limits the movement on persons with reduced mobility. The international community promote to protect disabled persons and persons with reduced mobility against discrimination and to provide them with assistance when travelling by air. According to news report, the governing Council of the International Civil Aviation Organization (ICAO) has established new global core principles on air transport consumer protection. The principles cover three phases of a customer's experience: before, during and after travel, and will now be considered by ICAO's 191 Member States when they develop or review their applicable national regimes. The international community are recognizing that passengers can benefit from a competitive air transport sector, which offers more choice in fare-service trade-offs and which may encourage carriers to improve their offerings, passengers, including those with disabilities, can also benefit from consumer protection regimes. In accordance with these we will also be provided to regulations that can prevent and protect the air passenger. In this paper analyze the regulations of the international air passenger rights, point out the lack of policy.