• Title/Summary/Keyword: Commercial Law

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A Study of Private Development of Long-Term Unexecuted Urban Parks through a Special Act - Difficulties and Solutions of Pohang - (장기미집행 도시공원의 특례법에 따른 민간공원사업 특성연구 - 포항시의 사업추진 어려움과 해결방안 -)

  • Ahn, Byungkuk;Koo, Chamun
    • Journal of the Korean Institute of Rural Architecture
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    • v.25 no.1
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    • pp.1-8
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    • 2023
  • This is a case study of private sector's development of long-term unexecuted urban parks in Pohang through a special act, which provides a guideline of 30% of land for non-park while 70% of land for park. The strategy has a lot of validity in many respects along with the urban planning sunset system, but even with the special act it would not easy to be implemented in Pohang, where the guideline has been modified to 20% for non-park, mostly multi-family housing projects while 80% for park. Thus, participation of private companies would be discouraged due to low commercial validity. Also, there would exist various risks because the project would be completed through a long-term decision-making and execution process. Thus, this study argues that it would be better for Pohang to follow the original guideline of the government for better implementation of the projects, along with preparation of a law with which the government be able to recoup excess profits when too much profits would be given to private developers. For the project implemented smoothly, it is also important to understand local housing market and fluctuating economic conditions, and to prepare various incentives for private companies. In addition, to secure publicity, guidelines on the level of publicity of the project should be prepared through negotiation by parties to prevent the project being discouraged too much.

FBR CFD Simulation of Steam Methanol Reforming Reaction using Intrinsic Kinetic Data of Copper-impregnated Hydrotalcite Catalyst (구리가 함침된 하이드로탈사이트 촉매의 고유 키네틱 데이터를 이용한 메탄올 수증기 개질반응의 고정층 반응기 CFD 시뮬레이션)

  • Jae-hyeok Lee;Dongil Shin;Ho-Geun Ahn
    • Journal of the Korean Institute of Gas
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    • v.27 no.1
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    • pp.78-85
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    • 2023
  • Fixed-bed reactor Computational Fluid Dynamics (CFD) simulation of methanol steam reforming reaction was performed using the intrinsic kinetic data of the copper-impregnated hydrotalcite catalyst. The activation energy of the copper hydrotalcite catalyst obtained from the previous study results was 97.4 kJ/mol, and the pre-exponential was 5.904 × 1010. Process simulation was performed using the calculated values and showed a similar tendency to the experimental results. And the conversion rate according to the change of the reaction temperature (200 - 450 ℃) and the molar ratio of methanol and water was observed using the intrinsic kinetic data. In addition, mass and heat transfer phenomena analysis of a commercial reactor (I.D. 0.05 - 0.1m, Length 1m) was predicted through axial 2D Symmetry simulation using the power law model of the above kinetic constants.

Sole Proprietorship Business Succession in Malaysia: A Perspective of Civil and Islamic Law

  • HAMDAN, Afifah;NOR MUHAMAD, Nasrul Hisyam;KAMARUDIN, Mohd Khairy;SAMAT@DARAWI, Abdul Basit;AB RAHIM, Nik Mohd Zaim;MOHAMAD NORZILAN, Nur Izzati
    • The Journal of Asian Finance, Economics and Business
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    • v.9 no.3
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    • pp.285-293
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    • 2022
  • Issues relating to business inheritance are a primary focus for business owners. Business inheritance is critical to ensuring that the business can be managed by the next generation and family members can benefit from the earnings and revenues. Therefore, preliminary planning must be done while the business owner is still alive by selecting the appropriate business inheritance mechanism for Muslims in Malaysia. The mechanisms of business inheritance, notably faraid, hibah, amanah, and hibah amanah will be examined in this paper from both a civil and Islamic perspective. By reviewing written journals and previous research, this research utilizes the library method. According to this study, business succession can be carried out by naming a beneficiary as a partner in the company or by completing the ownership transfer process while the owner is still living. In the other situation, it can be done by anyone among the heirs agreeing to re-register the business as usual. Meanwhile, there are four main instruments in Islamic law that can be used: faraid, hibah, amanah, and commercial hibah. According to this study, each instrument has a different impact on business succession. Entrepreneurs should use these instruments in their firm succession planning.

The Significance of Registration Convention and its Future Challenges in Space Law (등록협약의 우주법상 의의와 미래과제에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.375-402
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    • 2020
  • The adoption and entering into force of the Registration Convention was another achievement in expanding and strengthening the corpus iuris spatialis. It was the fourth treaty negotiated by the member states of the UNCOPUOS and it elaborates further Articles 5 and 8 of the Outer Space Treaty(OST). The Registration Convention also complements and strengthens the Article 11 of the OST, which stipulates an obligation of state parties to inform the UN Secretary-General of the nature, conduct, locations, and results of their space activities in order to promote international cooperation. The prevailing purposes of the Registration Convention is the clarification of "jurisdiction and control" as a comprehensive concept mentioned in Article 5 8 of the OST. In addition to its overriding objective, the Registration Convention also contributes to the promotion and the exploration and use of outer space for peaceful purposes. Establishing and maintaining a public register reduces the possibility of the existence of unidentified space objects and thereby lowers the risk such as, for example, putting the weapons of mass destruction secretly into orbit. And furthermore it could serve for a better space traffic management. The Registration Convention is a treaty established to implement Article 5 of OST for the rescue and return of astronaut in more detail. In this respect, if OST is a general law, the Registration Convention would be said to be in a special law. If two laws conflict the principle of lex specialis will be applied. Countries that have not joined the Registration Convention will have to follow the rules concerning the registration of paragraph 7 of the Declaration by the United Nations General Assembly resolution 1721 (X V I) in 1961. UN Resolution 1721 (XVI) is essentially non-binding, but appears to have evolved into the norm of customary international law requiring all States launching space objects into orbit or beyond to promptly provide information about their launchings for registration to the United Nations. However, the nature and scope of the information to be supplied is left to the discretion of the notifying State. The Registration Convention is a treaty created for compulsory registration of space objects by nations, but in reality it is a treaty that does not deviate from existing practice because it is based on voluntary registration. With the situation of dealing with new problems due to the commercialization and privatization of the space market, issues related to the definition of a 'space object', including matter of the registry state of new state that purchased space objects and space debris matter caused by the suspension of space objects launched by the registry state should be considered as matters when amendments, additional protocols or new Registration Convention are established. Also the question of registration of a flight vehicle in the commercial space market using a space vehicle traveling in a sub-orbital in a short time should be considered.

A Comparative Study between International Convention and National Legislation in Respect of the Liability of the Carrier in the Carriage of Cargo by Air (항공화물운송인의 책임에 관한 국제협약과 국내입법의 비교연구)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.19-45
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    • 2009
  • The purpose of this paper is to research the contents and issues of the draft legislation of Part VI the Carriage by Act of Korean Commercial Code in respect of the liability of the carrier in the carriage of cargo by air, comparing to the related provisions of the Montreal Convention of 1999. The Montreal Convention in respect of the international carriage by air was adopted in 1999, and Korea has ratified the Montreal Convention in 2007. However, there is now no national legislation in respect of the carriage by air in Korea. Thus, the Ministry of Justice has prepared the draft legislation of Part VI the Carriage by Air of the Korean Commercial Code in July 2008, and the draft legislation is now being reviewed by the National Assembly. The draft provisions of Part VI the Carriage by Air are basically adopting most of the related provisions of the Montreal Convention in respect of the carriage of cargo by air and some draft provisions are applying the related provisions of the Korean Commercial Code in respect of the carriage of cargo by land and sea. In respect of the liability of the carrier in the carriage of cargo by air, the contents of the draft legislation of Part VI the Carriage by air are composed of the provisions in respect of the cause of the liability of the and the application for the non-contractual claim, the limit of liability, the exoneration from liability, the extinguishment of liability, the notice of damage to cargo, the liability of the agents and servants of the carrier, and the liability of the actual carrier and successive carrier. The draft legislation of the Carriage by Air of Korean Commercial Code is different from the provisions of the Montreal Convention is respect of the liability of the carrier in the carriage of cargo by air as follows : the draft Article 913 paragraph 1 provides additionally the riot, civil war and quarantine as the exoneration causes from the liability for damage to the cargo of the carrier in the Article 18 paragraph 2 of the Montreal Convention. In respect of the liability of the carrier in carriage of cargo by air, the draft legislation of Part VI the Carriage by Air does not provide the settlement by arbitration of dispute relating to the liability of the carrier and the requirement of adequate insurance covering the liability of the carrier which are provided in the Montreal Convention. In author's opinion, it is desirable that the above mentioned provisions such as the arbitration and the insurance shall be inserted into the draft legislation of the Carriage by Air of Korean Commercial Code. In conclusion, the legislation of Part VI the Carriage by Air of the Korean Commercial Code shall be made by the National Assembly as soon as possible for the smooth and equitable compensation for damage to cargo arising during the carriage by air.

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The Current Status and New Regulatory Arrangements of the Enforcement of Commercial Arbitration Awards in China from the Foreign Investor's Perspective (중국에서의 상사중재판정 집행에 관한 동향과 제도개선 연구 : 외국투자자 관점을 중심으로)

  • Chung, Yong-Kyun
    • Journal of Arbitration Studies
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    • v.20 no.1
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    • pp.133-167
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    • 2010
  • The enforcement of commercial arbitration awards in the People's Republic of China is one the controversial obstacles faced by foreign investors in China. The foreign investor will fail to enforce the arbitration award, if the Chinese court refuses the enforcement in China, even if the arbitration tribunal rules the award in favor of foreign investor who is in dispute with Chinese partners. In Korea, we have not many researches in the enforcement of foreign related awards and awards ruled by other jurisdiction. In recent times, Professor Kyung-Ja Cha(2005) and Professor Sun-Jeong Kim(2008) analyzed the enforcement of arbitration awards in China. Professor Kyung-Ja Cha(2005) reports the details of the enforcement statistics of CIETAC during 1990s. Professor Sun-Jeong Kim(2008) analyzed the obstacles of the enforcement of foreign related awards in China. This paper extends their researches in the field of the enforcement of arbitration awards in China. First, this paper extends Professor Kyung-Ja Cha(2005)'s study by introducing the Chinese enforcement situation during the period of 2000-2007. Second, this paper extends Professor Sunjung Kim(2008) emphasizes the local protectionism and the weakness of judiciary as key factors of obstacles to enforce the foreign related awards in People's Republic of China. This paper, additionally, highlights the role of the Guanxi and the antagonism of court toward arbitration institution to enforce the foreign related awards in People's Republic of China. Third, this study provides the recent developments of Supreme People's Court(SPC)'s rules to narrow down the gap between the practices of international arbitration and those of People's Republic of China. The Implications of this study are as follows. First, it is desirable for foreign investors to appoint the CIETAC or BAC as the arbitration commission in China. Second, the local competent attorney is the best choice to solve the respondent's insolvency in China. Third, foreign investors is required to monitor the provisions on the electronic instruments such as EDI and Email in Chinese law.

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A Legal and Institutional Study on the Activation of Marine Salvage (해양구난 활성화를 위한 법제도적 연구)

  • Lim, Chae-Hyun
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.18 no.4
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    • pp.336-344
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    • 2012
  • It is very important to salvage the vessel and seafarer rapidly and efficiently when maritime accident occurred, as maritime accident has a bad effect on vessel, seafarer and shipping industry as well as the whole community itself. Especially, marine salvage in relation to the accident involving huge marine pollution and loss of life will be regarded as a more important process because the accident would result more severe damages. However, domestic marine salvage forces are weaker than other country's, and private marine salvage company has poor technical and commercial base even though the Korea Coast Guard and Navy have relatively more modernized equipments and squad. Thus, it is very important to promote marine salvage operation capacity because it is related with the national security as well as the national economy. In this regard, this study examines the promoting method of marine salvage including its public and private section from the perspectives of law and systemic revision.

The Research of Commercial HTPB Polymer Binder Characteristics for Castable Plastic Bonded Explosive (주조형 복합화약용 HTPB 고분자 바인더의 상용모델 특성연구)

  • Lee, Seung-Jae;Kim, Jae-Woo;Park, Jong-Wan
    • Proceedings of the Korean Society of Propulsion Engineers Conference
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    • 2011.11a
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    • pp.441-444
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    • 2011
  • Type A and Type B and are commercial HTPB models, which are very popular prepolymer for polyurethane binder family. So the study has been performed on the physical, chemical characteristic of HTPB and viscosity, mechanical property of PBX-A applying to HTPB. But We excluded the Type A from Appication test, because of law Hydroxyl value. And in the case of Type B, Type B-1, 2 has mechanical disadvatage to apply to HTPB in the process comparing with B-3. It seems to make no problem if we change equivalence ratio or curing condition within standards. But if we are to apply process condition like R-45HT(US-sample), it would be essential to apply HTPB with higher Hydroxyl Value and hydroxyl Functionality.

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Natural Rubber Electrical Conduction Mechanism in High and Low Electric Fields (고전계와 저전계에서 천연고무의 전기전도기구)

  • Yun, Ju-Ho;Choi, Yong-Sung;Moon, Jong-Dae;Lee, Kyung-Sup
    • Proceedings of the Korean Institute of Electrical and Electronic Material Engineers Conference
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    • 2007.11a
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    • pp.307-308
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    • 2007
  • This work shows the experimental results obtained from ageing at a temperature of 100 C for 48, 70 and 312 h, although the application of AC electrical tension in samples and the measuring of current leakage are presented. The measurements in samples were carried out with samples prepared from the deformulated commercial materials and respectively reformulated into thin films. The obtained results showed the mechanisms of conduction of samples in low and high electric fields. It was also identified an electric tension transition showing that in low fields it prevails the Ohm's law conduction, and in high electric fields it prevails the conduction of space charge limited current (SCLC). These results can support the natural rubber formulation process having as their main objective the reducing of the mechanisms that occur under high conduction current in high electric fields, which leads the material to a dielectric breakdown. Raw Natural rubber in Brazil is extracted from rubber trees (Hevea brasiliensis) in farms in So Paulo State by using some new plantation technology in smaller spaces, with trees placed a few meters from each other. In the Amazon rain forest the rubber trees are found naturally and their spacing may be of hundreds of meters or even kilometers between them. It is necessary to research this raw material from different internationally standard clones to characterize dielectric and electric properties for industrial applications. Moreover, this natural material has a low commercial price when compared to the synthetic ones.

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A Technical Trend on Natural Rubber Electrical Conduction Mechanism (천연고무의 전기전도기구에 관한 기술 동향)

  • Baek, Jae-Wook;Son, Sang-Cheol;Kim, Young-Keun;Oh, Jae-Han;Kim, Hyung-Gon;Choi, Yong-Sung;Moon, Jong-Dae;Lee, Kyung-Sup
    • Proceedings of the KIEE Conference
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    • 2007.07a
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    • pp.1970-1971
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    • 2007
  • The efficiency of such work highly depend on the worker's safety, who is protected by tools such as gloves, sleeves, blankets and flexible coverings among other manufactured natural-rubber goods. Use, storage and maintenance of these tools guarantee the quality and durability of the material. However, it might be observed that good tools made of such material are disapproved of when received from manufacturers or when they are removed from the warehouse for replacement. This work shows the experimental results obtained from ageing at a temperature of $100^{\circ}C$ for 48, 70 and 312 h, although the application of AC electrical tension in samples and the measuring of current leakage are presented. The measurements in samples were carried out with samples prepared from the deformulated commercial materials and respectively reformulated into thin films. The obtained results showed the mechanisms of conduction of samples in low and high electric fields. It was also identified an electric tension transition showing that in low fields it prevails the Ohm's law conduction, and in high electric fields it prevails the conduction of space charge limited current (SCLC). These results can support the natural rubber formulation process having as their main objective the reducing of the mechanisms that occur under high conduction current in high electric fields, which leads the material to a dielectric breakdown. It is necessary to research this raw material from different internationally standard clones to characterize dielectric and electric properties for industrial applications. Moreover, this natural material has a low commercial price when compared to the synthetic ones.

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