• Title/Summary/Keyword: Contract with Terms

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The Scope of Potential Duties for Environment Protection in the Regulation on the Exploitation for Polymetalic Nodules in the Area (심해저 망간단괴 생산규칙의 잠재적 환경보호 의무 범위에 관한 연구)

  • Kim, Jung-Eun;Park, Seong-Wook
    • Ocean and Polar Research
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    • v.37 no.1
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    • pp.81-90
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    • 2015
  • International Seabed Authority (ISA) is currently developing rules with regard to exploitation of manganese nodules which will be contained in its first regulations governing the exploitation of deep seabed mineral resources. A stakeholder survey was conducted in the early 2014 by ISA with the aim of facilitating participation of interested entities in the development process of the rules. The stakeholders who had replied to the survey included existing contractors, sponsoring States, environmentalists, academics, and nongovernmental organizations. Opinions given by them largely reflect their own interests. This paper aims to clarify the scope of the obligations regarding the environmental protection which may be imposed on contractors under the new regulations for the exploitation of manganese nodules. To do so, it first analyses the express provisions on environmental protection applicable to deep seabed mining included in the Law of the Sea Convention, its agreement on implementation of Part XI, and the regulations on exploration for manganese nodules. Secondly, it categorizes these obligations based on the categories of international obligations suggested by Combacau and Alland. Based on the categorizations this paper concludes that, in addition to the existing duties to protect deep seabed environment within the Law of the Sea Convention system, the following new obligations could be added: conservation of exploitation sites for a limited time after the contract is ceased; taking all necessary measures for rehabilitation of destroyed ecosystems that occurredas a result of mining activities; monitoring exploitation sites for a limited period time after the contract is ceased; observing rules and standards on safety of ships and environmental protection adopted under IMO instruments; regulation on the discharge of mine tailings from the facilities used for exploitation of deep sea minerals. Lastly, this paper attempts to provide ways of reflecting national interests in terms of potential obligations which may be included in the new regulations.

Rousseau's Philosophy of Education and Christian Public Education (루소의 교육철학과 기독교 공공교육론)

  • Kim, Youngho
    • Journal of Christian Education in Korea
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    • v.71
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    • pp.97-120
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    • 2022
  • Korean churches and theology of today are experiencing a decline in reliability and a lack of communication from the Korean society due to the absence of proper reflection. Moreover, with the COVID-19 Pandemic, the church is led to a situation where the problem of survival has become a concern. In addition, churches and theology failed to restore the public nature of faith from civil society, and how these beliefs could be developed in terms of Christian education has become an important theological task. The restoration of the public nature of the church brings interest in public theology, and if education is an important area of the public forum, we pay attention to educational philosophers who provided the basis for publicness and civil democracy education philosophy in Christian education. Rousseau, as an educationalist who opened the modern philosophy of education is opening up the civil society through discovering the existence of children with the proposition "Return to Nature" in the 18th century. This study aims to use Rousseau's educational philosophy in his books Emil, The Theory of Inequality Origins, and Social Contract Theory as the basis of educational theory that opened the foundation of the public domain and civil society.

Incoterms 2010 and CISG (Incoterms 2010과 CISG)

  • Park, Nam-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.49
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    • pp.43-59
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    • 2011
  • Incoterms 2010 have been revised in line with the latest changes in contemporary commercial practice. An understanding of Incoterms 2010 is essential. The Incoterms rules on the use of domestic and international trade terms, facilitate the conduct of global trade. Reference to an Incoterms 2010 rule in a sale contract clearly defines the parties' respective obligations and reduces the risk of legal complications. In 1980 the United Nations Convention on Contracts for the International Sale of Goods(CISG) was introduced to create international certainty and uniformity in the law and to govern issues that arise in an international sale of goods transaction. This paper focuses on harmony and ability of the CISG and Incoterms 2010 to govern contracts for the sale of goods.

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Development Strategies of Construction Management Firms in Korea (국내 건설관리 업체의 발전전략)

  • Han, Kap Ky;Kim, Sun Kuk
    • KIEAE Journal
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    • v.7 no.4
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    • pp.97-104
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    • 2007
  • Competition among building contractors in the Korean construction environment has been increasing lately, and with the recent conclusion of the FTA between Korea and the United States, further advancement in the systems of construction, bidding and contract awarding is expected to be facilitated in the long term. Considerable changes are also expected particularly in the construction management (CM) market. Given these drastic changes, it has become more noticeable that the role of CM is enlarged in terms of time, cost, quality, risks and others to guarantee the Korean competitiveness against the global construction market. This study analyzed the current status of domestic CM companies via SWOT analysis and, based on such analysis, established development strategies for CM contractors. The strategies proposed in this study will be utilized by CM companies as basic materials in their future strategies in a short, mid and long term perspective respectively for competitive advantages in the market.

A Study on the Composition of Plan of the Diagnostic Radiology Department in General Hospital (종합병원(綜合病院) 방사선진단부(放射線診斷部)의 평면구성(平面構成)에 관한 연구(硏究))

  • Yu, Young-Min
    • Journal of radiological science and technology
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    • v.9 no.1
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    • pp.93-123
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    • 1986
  • The aim of this study is to propose the desirable plan of the diagnostic radiology department in general hospital. The main contents and results of this study are as follows. 1. By investigating and analyzing the activities and circulation of the patients and staffs in diagnostic radiology department, the activity model of the department was extracted. 2. The types of operating system of the department were extracted and activity model by the operating systems were made. 3. The types of the plan of the department were classified into three types, such as confusing-corridor type, separated-corridor type and contract type. 4. After dividing them into eight types in detail, the merits and demerits of each type were analyzed. 5. Among those types contact types were evaluated best in comparison with the other types in terms of efficiency of staff's work, access of patients to staffs and reduction of staffs movement.

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Heuristic-Based Algorithm for Production Planning Considering Allocation Rate Conformance to Prevent Unstable Production Chain

  • Kim, Taehun;Ji, Bongjun;Cho, Hyunbo
    • Industrial Engineering and Management Systems
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    • v.14 no.4
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    • pp.413-419
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    • 2015
  • This study solved the problem of unstable production chains by considering allocation rate conformance. We proposed two phased algorithm suitable for solving production planning that considers allocation rate conformance; the first phase was heuristic initial solution generation, and the second phase was tabu-search based solution improvement. By using three data sets which have different sizes of data and three different criteria, the results of proposed algorithm were compared with MIP results. The proposed algorithm showed the best production plan in terms of allocation rate conformance, and it was appropriate for other criteria; it solved the problem of unstable production chains by solving concentrated and unfair allocation.

An analysis on the possession and infringement of copyright on the contents-related contest exhibit (콘텐츠 관련 공모전의 저작권 소유와 저작권 침해 분석)

  • Park, Keong-Cheol;Jung, Sun-Mee
    • Cartoon and Animation Studies
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    • s.29
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    • pp.243-266
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    • 2012
  • As contest exhibits have been activated, a variety of organizations are holding contest with various purposes. Analysis on the guidelines prepared by various sponsoring bodies ranging from public organizations to privately owned businesses shows that sponsoring bodies tend to possess copyrights of entries. Parts of guidelines of contest exhibit are the contract. While sponsoring body shows its opinion on copyright through guidelines, individual participant tends to consider it simply as a form to submit for contest exhibit rather than a contract. Now is the time to bring out a question in respect of the copyright on the contest exhibit. The important fact is that copyright on corporate contents is important, but copyright on individual contents is equally important and it must be protected and respected. This study aims to bring out a question on copyright by analyzing possession and infringement of copyright that stands forth in the guidelines of contest exhibit. Provisions on copyright of contest exhibit play a role as a contract. Provisions on copyright of contest exhibit shall be the ones which can be understood and accepted by both sponsoring body and winner who are the A and B of a contract. For this, change in perception of sponsoring bodies ranging from public organizations to privately owned businesses with prominent position is strongly required. For the foregoing, First, Indication of Copyright: Clear and concrete terms must be used. Second, Scope of Interpretation: Concrete and detailed indication must be made for preventing indication that allows comprehensive interpretation. Third, Cost for Author's Property Right: In case sponsoring body needs to possess or use the author's property right of prize-winning work, proper rights on use considering prize money corresponding to possession or use of author's property right must be indicated. Fourth, Term of Use: The term for using author's property right must be indicated. Fifth, Scope of Rights: The scope of author's property right that sponsoring body requires must be limited and indicated. Sixth, Mutual Respect: Items related to copyright must be indicated on the basis of the concept of bilateral contract founded on mutual consideration and respect, not on the concept of unilateral contract.

A Study on Risk Management of Bill of Lading in International Trade Transaction (국제무역거래에서 선하증권의 위험관리에 관한연구)

  • Han, Nak-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.37
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    • pp.187-216
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    • 2008
  • Risk regarding the possibility of loss can be especially problematic. If a loss is certain to occur, it may be planned for in advance and treated as a definite, known expense. It is when there is uncertainty about the occurrence of a loss that risk becomes an important problem. The word risk is often used in connection with insurance. No one generally accepted definition of risk exists, however. Of the many definitions, two distinctive ones are commonly used. One defines risk as the variation in possible outcomes of an event based on chance. That is, the greater the number of different outcomes that may occur, the greater the risk. Another way of expressing this concept is to state: The greater the variation around an average expected loss, the greater the risk. The second definition of risk is the uncertainty concerning a possible loss. The definition of risk as a useful one because it focuses attention on the degree of risk in given situations. The degree of risk is a measure of the accuracy with which the outcome of an event based on chance can be predicted. For now, it will serve our purpose to note the more accurate the prediction of the outcome of an event based on chance, the lower the degree of risk. After sources of risks are identified and measured, a decision can be made as to how the risk should be handled. A pure risk that is not identified does not disappear, the business merely loses the opportunity to consciously decide on the best technique for dealing with that risk. The process used to systematically manage risk exposures is known as risk management. Some persons use the term risk management only in connection with businesses, and often the term refers only to the management of pure risks. In this sense, the traditional risk management goal has been to minimize the cost of pure risk to the company. But as firms broaden the ways that they view and manage many different types of risk, the need for new terminology has become apparent. The terms integrated risk management and enterprise risk management reflect the intent to manage all forms of risk, regardless of type. International trade transaction is called between countries has features of globalism, cultural gap, long distance and long terms for the transaction. It is riskier than domestic transaction has its specific risks, such as foreign exchange risk and political risk, and requires various active risk management skills. Risks in relation to the international trade transaction are the contract risk, transit risk and payment risk, etc. The risk management in relation to the international trade transaction is to identify and measure these risks. The purpose of this study is to analyse the practical problems and its solution plan by analyzing various cases related to the risk management of bill of lading in the international trade transaction.

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Empirical Study for Financial Statements transfer by K-IFRS on the Insurance Company (보험회사 국제회계기준 적용에 따른 재무제표 전환의 실증연구)

  • Kim, Jong-Won
    • The Journal of the Korea Contents Association
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    • v.13 no.5
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    • pp.387-395
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    • 2013
  • Insurance accounting is the process of identifying, measuring, and communicating economic information to permit informed judgements and decisions by users of the insurance information. With the Korean-International Financial Reporting Standard(K-IFRS) on accounting for insurance contracts to be finalized by 2011 in Korea, the fair value accounting is expected to greatly affect the insurance industry in terms of insurance company' financial statements. This research analyzes the effect of financial statement as K-IFRS on the insurance accounting by comparing the financial statements of the listed company using past insurance accounting standard and the current K-IFRS standard. We analyzed the matched pair sample at loan amount, insurance contract debt, total assets amount, total debts amount, total capital amount in the financial statements of the listed 12 insurance company. We found that insurance contract debt, total assets amount, total debts amount, total capital amount are difference before and after K-IFRS applied insurance company.

The Changes of Social Welfare Services in Korea - Analyzing the Changing Relationship between Actors - (한국 사회복지서비스의 변화 - 행위자간 관계의 분석 -)

  • Yang, Nan-Joo
    • Korean Journal of Social Welfare
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    • v.62 no.4
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    • pp.79-102
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    • 2010
  • This paper aims to analyse the recent changes in social welfare services from a relational perspective. Discourses of the privatization of welfare state, the welfare mix approach, and consumerism have provided frames for interpreting the changes in social services in Korea. The nature of social welfare services, being a "relational goods" requires its focus to be in its relational aspects: the relation between service user and service practitioner; the relation between service user and provider; the relation between service user and government; the relation between service practitioner and provider; the relation between service practitioner and government; and the relation between service provider and government. Analysis of such relations will explore their transformation toward formalness and equality in social welfare services. In conclude, the study reveals a process of modernization, defined as a transition from informal relations to formal contractual relations, based on one's rights, responsibilities and obligations. Previous relations, of paternalistic, arbitrary and hierarchical characteristics, can be seen as being substituted by more formal, institutionalized and equalized relations. In terms of service purchasing contract between service user and service provider and employment contract between service provider and service worker are recognized with the latter characteristics. This relational analysis leads a discussion concerning the creation of institutional basis of one's rights and responsibilities in the fields of social welfare services in Korea.

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