• 제목/요약/키워드: Clauses

검색결과 385건 처리시간 0.019초

선박보험약관상 협회항행제한담보약관(協會航行制限擔保約款)에 관한 연구 (A Study on the Institute Warranties in the Institute Time Clauses-Hulls 1/10/83)

  • 박상갑;김종락;신영란
    • 한국항해항만학회지
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    • 제36권5호
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    • pp.329-338
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    • 2012
  • 협회선박보험약관, 1/10/83은 선박의 항행구역을 제한하는 협회항로제한담보약관, 1/7/76을 첨부하여 오랜 기간 동안 광범위하게 사용되어 왔다. 선박 건조기술과 항해기술의 발달에 따라 협회선박보험약관은 수차례에 걸쳐 약관 내용을 수정 보완하면서 오늘날까지 사용되고 있는 점을 고려해 볼 때, 협회항로제한담보약관도 마땅히 수정 보완되었어야 했다. 더욱이, 선박보험의 피보험자는 이와 같은 해상사업의 환경변화에도 불구하고 항로제한담보구역을 부득이 항행 또는 기항해야 할 경우 과도한 추가보험료를 부담하고 있는 실정이다. 따라서 이 연구의 목적은 협회항로제한담보약관과 준용일본항로제한담보약관을 비교분석함과 동시에 기후변화, 선박구조, 항해, 통신 등의 제반 요건에 대한 현황을 고려하여, 협회항로제한담보약관을 면밀히 분석함은 물론 항로제한담보약관의 위반에 따른 추가보험료의 합리적인 수준을 제시함에 있다.

Small Clauses and Default Case

  • Jang, Youngjun
    • 한국언어정보학회:학술대회논문집
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    • 한국언어정보학회 2002년도 Language, Information, and Computation Proceedings of The 16th Pacific Asia Conference
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    • pp.123-134
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    • 2002
  • This paper compares secondary predication constructions such as small clause complements, resultatives, and depictives in English and Korean. It argues that these two typologically different languages employ different modes of satisfying the Case Filter with regard to the Case of the subjects of small clauses. More specifically, it is argued that the subject of a small clause in English is Accusative Case-marked by the higher governing verb, while that ul ]Korean is Nominative Case-marked by default.

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방송광고 심의규정의 위헌성에 관한 연구: 명확성 원칙과 과잉금지 원칙을 중심으로 (A Study on the Constitutionality of the Prior Review Rules on Broadcast Commercials)

  • 장호순
    • 한국언론정보학보
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    • 제39권
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    • pp.69-101
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    • 2007
  • 방송광고는 표현행위의 일종으로서 헌법 제21조에 따라 보호받는 기본권 영역이다. 그러나 영리추구를 위한 경제적 행위의 일부로도 간주되기 때문에, 일정 정도 국가의 규제는 불가피하고, 전파를 사용한다는 점에서 다른 표현양식에 비해 보다 엄격한 규제를 받아야 한다. 그러나 방송광고에 대한 정부의 엄격한 통제는 상업적 정보 영역으로 국한되어야 할 것이다. 현행 방송광고 심의규정 제5조, 6조 2항, 8조 3항, 10조, 11조, 14조, 22조, 23조 등은 소비자보호나 시장질서 유지 등과는 관련성이 없는 규제조항으로, 방송광고를 통한 정치적. 문화적 표현을 제약하고 있다. 방송광고 심의규정 제5조 등은 그 금지영역이 매우 광범위하고 금지기준이 애매모호하여 명확성 원칙에 어긋난다. 과잉금지 원칙의 네 가지 위헌심사기준에도 모두 저촉된다. 위의 심의규정들은 국민의 가장 핵심적 기본권을 침해하고 있어 정당성이 부족하고, 그 실효성도 미미하여 방법의 적합성에 어긋난다. 방송광고의 정치적 문화적 표현까지 광범위하게 제한하여 최소침해성 기준에도 위반된다. 사전심의를 통해 얻는 공익도 침해되는 사익에 비해 크지 못하여 법익의 균형성도 갖추지 못하고 있다.

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문장음성인식을 위한 VCCV 기반의 언어모델과 Smoothing 기법 평가 (Language Model based on VCCV and Test of Smoothing Techniques for Sentence Speech Recognition)

  • 박선희;노용완;홍광석
    • 정보처리학회논문지B
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    • 제11B권2호
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    • pp.241-246
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    • 2004
  • 본 논문에서는 언어모델의 언어처리 단위로 VCCV(vowel consonant consonant vowel) 단위를 제안하구 기존의 언어처리 단위인 어적 형태소 단위와 비교한다. 어절과 형태소는 어휘수가 많고 높은 복잡도를 가진다. 그러나 VCCV 단위는 작은 사전과 제한된 어휘를 가지므로 복잡도가 적다. 언어모델 구성에 smoothing은 반드시 필요하다. smoothing 기법은 정확한 확률 예측이 불확실한 데이터가 있을 때 더 나은 확률 예측을 위해 사용된다. 본 논문에서는 형태소, 어절, VCCV 단위에 대해 언어모델을 구성하여 복잡도를 계산하였다. 그 결과 VCCV 단위의 복잡도가 형태소나 어절보다 적게 나오는 것을 볼 수 있었다. 복잡도가 적게 나온 VCCV를 기반으로 N-gram을 구성하고 Katz. Witten-Bell, absolute, modified Kneser-Ney smoothing 등의 방법을 이용한 언어 모델에 대해 평가하였다. 그 결과 VCCV 단위의 언어모델에 적합한 smoothing 기법은 modified Kneser-Ney 방법으로 평가되었다.

과로로 인한 업무상 질병의 산재보상 인정기준에 관한 연구 (A Study on the Clauses of the Work-Related Disease due to Overwork in the Workmen's Compensation Law)

  • 김은희
    • 한국직업건강간호학회지
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    • 제6권1호
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    • pp.23-43
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    • 1997
  • The work-related diseases due to continuous overwork are mainly cerebro- and cardio-vascular ones, which is commonly called 'Karoshi', death from overwork. Many factors are capable for Karoshi : occupational stress in relation to technological renovation and industrial rationalization, competitive social structure, and accumulated fatigue accured to long time or irregular working. And its occurence is on the rise. The World Labor Report 1993 released by ILO, pointed out the diseases related to overwork and stress as one of the most important occupational health problem. In Korea, social awareness of Karoshi is at an infant stage, and reliable statistics for its occurence are not compiled in a convenient manner. Despite the rising Karoshi, there are no reliable clauses in workmen's compensation enough to settle down the disputes. Therefore, it is not uncommon that the Labour Ministry and Civil Court find difficulties in reaching an agreement. This study was intended to provide proper compensation and prevention program for workers by suggesting reasonable compensation clauses for the death from overwork. This study consists of two comparative reviews on the compensaton clauses for the death from overwork. One is to review legal standards of Karoshi among three countries, such as Korea, Japan and Taiwan. The other is to investigate the cases of Karoshi in Korea, 121 cases identified at the Labor Welfare Corperation and the Labour Ministrial process of examination and reexamination, and 73 leading cases at the High Court of Justice. The main findings of the study are as follows : 1. Comparisons of comperative review on compensation clauses for the death from overwork among three countries. 1) All of three countries have the same kinds of disease for compensation, which were cerebro-and cardiao-vascular diseases, while for cardiac disease group, Korea has the smaller number of diseases for compensation than Japan. 2) As for the definition of overwork, the three countries share equally that overload for one week prior to collapse is considered as an important factor, but accumulated chronic fatigue is disregarded. 3) As the basis of overwork, in Japan, there is a tendency to move from the conditions of an ordinary healthy adult to those of the individual concerned in Japan, whereas there is no such concern yet in Korea. 4) All the three countries use a common standard of medical judgement in demonstrating causal relationship between a job and a disease. However, Korea is progressive in the sense that in the case of CVA at worksite, the worker himself has no obligation to prove the cause. 2. The results of a comparative review on excutive decisions by Labor Ministry and judicial decisions by the Court in Korea : A judicial decision is based on the legalistic probability, but a excutive decision is not. Therefore, excutive decisions have such restrictions that : 1) TIA (transitory ischemic cerebral attack) and myocarditis are excluded from compensation, and there is little consistency of decision in the case of cause-unknown death. 2) There is a tendency not to compensate for the death from overwork since the work terms such as repeated long-time working, shift work or night-shift work are not considered as overloading. 3) There is a tendency to regard the conditions of a ordinary healthy adult rather than those of the individual concerned(age, existing diseases, health state, etc.) as the comparative basis of overload. 4) There remains a tendency not to compensate for the death from overwork in the case of collapse occuring out of workplace, on the ground of 'on the course of working' and 'in the cause of accident'. Through the study, the fact manifests itself that Korea's compensation clauses for work-related diseases due to overwork are very restrictive. So, it is necessary to extend the Labor Ministry's clauses of compensation for the death from overwork following to the recent changes of other countries and internal judicial decisions. This is very important in the perspective of occupational health that aims at health promotion of workers including prevention of the Karoshi.

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Instruction Effects of Teaching Relative Clauses on Comprehension and Production in Korean EFL Classes

  • Chu, Hera
    • 영어어문교육
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    • 제18권1호
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    • pp.23-43
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    • 2012
  • This study investigates the effects of three different types of instruction, namely form-based, comprehension-based, and production-based on the development of Korean university students' (n=137) comprehension and production of English relative clauses (RCs). The extent of improvements was analyzed by administering pre-and post-tests consisting of two comprehension tests (selecting the right form of RCs and the right picture descriptions) and one production test (combining two sentences). Findings of this study suggest that all three types of instruction increased participants' comprehension and productions of RCs. However, there appeared differential effects by the instruction type. It was found production-based instruction was most effective in promoting comprehension, followed by comprehension-based instruction. Comprehension-based instruction worked best with the development of production, suggesting that the effects of comprehension training did not only work for increasing comprehension skills, but also transfer to production skills. The type or level of tasks employed for each instruction appeared to play an important role in causing such results. Form-based instruction displayed the lowest improvements in both comprehension and production of RCs. A sentence-combination task employed for form-based instruction appear to result in mere explicit rule explanations without chances to notice rules in context or use their knowledge in practice.

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선하증권 인쇄약관에 관한 연구 (A Study on the Pre-printed Clause of the Bill of Lading)

  • 박세운
    • 무역상무연구
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    • 제49권
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    • pp.359-378
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    • 2011
  • UCP600 Article 20 (a) (v) states that contents of terms and conditions of carriage will not be examined and Article 34 states that a bank assumes no liability or responsibility for the general or particular conditions stipulated in a document. From this perspective, banks may seem to have no obligation to examine the pre-printed clause of B/L. However, ICC decided that no opinion could be given in relation to the issues surrounding B/Ls that contain delivery clauses. Accordingly, it is agreed by previous cases and some scholars that banks may refuse the B/Ls that contain delivery clauses which are not present in other B/Ls of the same goods and transport routes. Also, ICC published ICC Decision in July 2010 regarding on board notation. In this decision, if a B/L indicates a place of receipt that is different from the port of loading and there is an indication of a means of pre-carriage, then a dated on board notation will be required indicating the name of the vessel and the port of loading. Therefore, banks may,, in some cases, need to scrutinize the pre-printed clauses especially appearing in the front page of B/Ls.

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국제무역거래상 권리포기 선하증권과 관련된 해상화물보험의 대위청구권에 관한 연구 (A Study on the Surrender B/L and the Subrogation Claim of Marine Cargo Insurance under International Trade Transaction)

  • 이재성
    • 무역상무연구
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    • 제65권
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    • pp.71-94
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    • 2015
  • The insurer's right to take legal proceedings in the name of the assured against a third party who has caused loss of or damage to the goods is of particular importance in marine cargo insurance under international trade transaction. The amounts recovered in subrogation actions, known in practice simply as recoveries, form a significant element in the balancing of the cargo insurer's underwriting account by improving ing the loss record. However, even if the carrier involved in the accident have a liability for damages, in some cases can not claim damages in accordance with the after clauses and carrier's exemption clauses indemnity carrier under the contract of carriage. In recent, the dispute cases to argue damages claim of the carrier in connection with business practices of surrender B/L, the claim is dismissed cases in accordance with the Arbitration Rules of the after clauses. In the future, the surrender B/L is continually to use as a marine transport method, it may also be interested in insurance subrogation of damages claims to insurance accident by a surrender B/L.

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응급구조 교통사고에 대한 운전자의 보호방안 (Driver's Protection Method of Ambulance Car Accident)

  • 박희진;권혜란;이영현
    • 한국응급구조학회지
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    • 제4권1호
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    • pp.63-71
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    • 2000
  • Exceptive clause of ambulance stated in Road Traffic Laws of ambulance car accidents is not properly applied and emergency staffs who transfer over 85% of emergency cases are to be forced to start out to the emergency field with unstable conditions which they may be punished on the criminal and civil laws. Hereby this study makes the following suggestions to activate the duties of transferring emergency cases by emergency staffs, promote their morale and diminish the victim of emergency staffs due to traffic accidents. 1) It is prescribed that ambulance car drivers should be protected legally by applying the exceptive clauses thoroughly regulated in special case clauses because ambulance cars are used for the purpose of saving the human life. 2) On the traffic accidents occurred during the transfer of emergency cases, the special insurance system is created for treating the ambulance car accidents, not to bind the emergency staff's mistake to traffic law and the victims are compensated by the nation on the basis of insurance system and emergency staffs have the systematic security. 3) On the road over six lanes, emergency lane is set on the center and ambulance car should be used as the exclusive lane. 4) Ambulance car drivers must have the habit of transferring emergency cases rapidly within the range of legal operation.

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2009년 협회적하약관상 보험기간에 관한 연구 (A Study on the Duration of Cover in the Institute Cargo Clauses 2009)

  • 신건훈;이병문
    • 무역상무연구
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    • 제59권
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    • pp.81-112
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    • 2013
  • This article intends to examine main features of revision in relation to the duration of cover in the Institute Cargo Clauses 2009 and the results of analysis are as followings. First, the cover, which had been "warehouse to warehouse", has been extended to what may be called "shelf to unloading". Thus the insurance attaches when the goods are first moved within the warehouse or place of storage at the named place for the purpose of immediate loading for the commencement of transit. Secondly, the new termination Clause 8.1.3 requires an election by the assured, or their employees, to use a vehicle or container, for storage other than in the ordinary course of transit. Thirdly, Clause 10.1, which deals with the assured's voluntary change of voyage, was amended to solve the problem that the words "held covered" could be misunderstood by an assured without specialist knowledge of English marine insurance law to be a guarantee of cover, even where cover would not be commercially available. Finally, Clause 10.2 is designed to solve the so-called "phantom ship problem", arising from the harsh decision in The Prestrioka. The new Clause 10.2 provides protection for an innocent assured in the situation of a phantom ship.

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