• 통상정보연구
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• 제9권3호
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• pp.287-304
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• 2007

Determination of the time and place of dispatch and receipt of electronic messages is an important element of the operation of many rules of law, particularly the timing of formation of the contract. In this paper, I reviewed interpretation and application of time and place of dispatch and receipt of electronic records in electronic transactions under the UNCITRAL(United Nations Commission on International Trade Law) Model Law on Electronic Commerce, USA Uniform Electronic Transactions Act and Korea Electronic Transactions Act. Time of dispatch and time of receipt are effective when received. The sender has the burden to prove that the electronic record is sent successfully to the information process system of the recipient. Therefore, to safety electronic transactions, the sender needs to request a confirm notice for receipt to the recipient when the electronic record is sent like the provisions of UNCITRAL Model Law on Electronic Commerce and Korea Electronic Transactions Act. By requesting the above, the sender is able to take precautionary measures for damage according to the failure of dispatch and receipt of the electronic records.

• 한국재난정보학회 논문집
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• 제17권2호
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• pp.306-318
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• 2021

원청의 안전보조원에 대한 지휘·명령관계라면 파견법이 적용됨에 따라 건설현장 안전관리에 있어서는 파견법이 부정적인 영향을 미치고 있다. 연구목적: 파견법에 따른 안전관리의 중요도 및 영향을 연구하여 안전보조원이 능동적이고 적극적인 재해예방을 할 수 있도록 안전관리 방향을 제안하는 목적이 있다. 연구방법: 전문가와 근로자를 대상으로 AHP분석기법 활용과 로지스틱 회귀분석을 하였다. 연구결과: 파견법이 적용될 수 있는 통합가중치를 분석한 결과, 교육(SkillUp교육), 관리(근태관리), 직접지시(피드백 지시) 순으로 중요도가 확인되었다. 로지스틱회귀분석에서 직접지시에 영향을 미치는 요인은 피드백이며 교육 관리에서는 소속회사 팀장만 업무 지시가 있을 경우, 다른 집단에 비하여 교육관리 비율이 3.42배 낮아졌다. 결론: 파견법 위반을 적용받지 않는 범위 안에서 피드백, 교육에 대한 관리가 무엇보다 중요하며, 최근 코로나(Covid-19) 영향으로 비대면 온라인 교육이 확대됨에 따라 안전교육대상자도 다양해지고 있어 안전보조원에 대한 비대면 온라인 교육 확대가 파견법 위반을 피해갈 수 있다고 판단된다.

• 무역상무연구
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• 제74권
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• pp.1-23
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• 2017

The buyer must examine the goods, or cause them to be examined, within as short a period as is practicable in the circumstances. Article 38 lays down a fundamental principle that requires the buyer to examine quickly the goods delivered by the seller. Article 38 (1) provides that the examination be made within as short a period as practicable in the circumstances. The goods have to be examined within as short a period as is practicable in the circumstances. The rule is based on the fundamental idea of reasonableness, meaning that the buyer must examine the goods as soon as reasonably possible. It may be said that the buyer should act reasonably fast. Article 38 (2), (3) concerns sales involving carriage of the goods, where the seller's obligation to deliver consists in handing the goods over to the first carrier for transmission to the buyer. In this case the buyer is generally able to examine the goods only after they have come to destination. Article 38 (3) takes into account the case where the buyer redirects the goods in transit or re-dispatches them to another destination. Redirection in transit occurs when the destination is changed before the goods are received by the buyer. The buyer could re-dispatch the goods without having them unloaded, or re-dispatch them through another carrier.

• Safety and Health at Work
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• 제12권3호
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• pp.365-369
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• 2021

Background: Law enforcement communications (i.e., 911 dispatch and call takers) is a challenging and stressful occupation. The purpose of this study is to identify the main stressors associated with employment in law enforcement communications, and to identify and provide context to how these stressors affect workers' health and wellbeing. Methods: This research study included focus groups with 23 call takers and 911 dispatchers employed by a large, urban law enforcement agency in 2018. Thematic analyses were conducted to identify trends. Results: Four themes of stressors emerged (i.e., the high stakes nature of some 911 calls for service, understaffing, supervisor-related stress, and recruiting practice). Two health-related themes emerged as being occupation-related: weight gain and poor sleep patterns/insufficient sleep). Specifically, participants reported negative eating habits resulting in weight gain and obesity, lack of sleep and irregular sleep schedules, and development of hypertension and/or diabetes since beginning their jobs. Conclusion: Law enforcement communications professionals experience a number of the same stressors facing law enforcement officers in patrol. These stressors, combined with the sedentary nature of the job, could result in long-term, chronic health problems.

• 문화기술의 융합
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• 제9권2호
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• pp.333-338
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• 2023

미군은 제1차 세계대전부터 파병장병과 그 가족에 대한 지원정책을 발전시켜오고 있다. 이러한 미군의 파병장병 및 가족 지원정책은 파병 전·중·후 시기별로 구분된다. 파병 전에는 주로 금전문제와 주거문제에 대한 지원이 제공된다. 파병 중에는 장병과 가족의 관계 유지, 자녀의 학업성과 확인 등이 가능하도록 국방부 차원의 커뮤니티가 구성된다. 파병복귀 후에는 장병과 가족의 정신 및 신체건강에 대한 지원이 이루어진다. 본 연구에서는 이를 바탕으로 국방부 해외파병 업무 훈령을 법률로 격상하여 파병장병 가족이 관사에 거주하지 않더라도 주거지원을 받게 할 것, 파병부대와 파병장병 가족 간 파병부대 소식, 육아, 자녀교육 등의 정보를 실시간 공유할 수 커뮤니티를 개설할 것, 일정 기간 동안 파병복귀 장병과 가족의 정신건강을 관리할 것을 제안하고 있다.

• 무역상무연구
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• 제43권
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• pp.25-52
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• 2009

An acceptance is effected by a statement or other conduct of the offeree indicating assent. Silence or inactivity does not in itself amount to acceptance. An acceptance of an offer becomes effective at the moment the indication of assent reaches the offeror. It uses in stating rules on whether an acceptance is too late to form a contract and an offeree may withdraw an acceptance after transmission. The offeree may indicate assent by performing an act such as one relating to the dispatch of the goods or payment of the price without notice to the offeror. The acceptance by action also is to be performed within the time fixed between the parties or within a resonable time. However, an oral offer must be accepted immediately by an offeree. After an acceptance by action, the offeree avoid revocation of an offer by giving the offeror prompt notice to that effect. Even if a reply an offer contains additions, limitations or other modifications is a rejection of the offer and constitutes a counter offer, the reply to an offer contains additional and different terms which do not materially alter the terms of the offer constitutes an acceptance unless the offeror objects to the discrepancy or to that effect. Additional or different terms relating to the price, payment, quality & quantity of the goods, time & place of delivery, a party's liability or the settlement of disputes are considered to materially alter the terms of the offer.

• 경영과정보연구
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• 제6권
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• pp.21-43
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• 2001

Contract requires, on principle, a meeting of minds. The basic elements of that contact are an offer by one party and an acceptance of the terms of the offer by the other party. In the electronic commerce an offer and the acceptance of an offer may be expressed by dispach or receipt of data messages. The contract which a data messages is used in the formation may be called electronic contract. The formation of the electronic contract is regulated by the Civil Code or the Commerce Code. The time of the contract formation is regulated by the Civil Code and the Commerce Code. But the time of dispach and receipt of the data message is stated in Article 9 of the Fundamental Law on Electronic Commerce. In this article the dispatch of a data message occurs when it enters an information system outside the control of the originator or of the person who sent the date message on behalf of the originator. The time of receipt of a data message, if the adressee has designated an information system for the purpose of receiving data message, is at the time when the data message enters the designated information system; or if the data message is sent to an information system of the adressee that is not the designated information system, at the time when the data message is retrieved by the addressee; if the addressee has not designated an information system, receipt occurs when the data message enters an information system of the addressee. The time of the electronic contract formation depends on the Civil Code or the Commerce Code and this Article 9 of the Fundamental Law on Electronic Commerce. An electronic contract may be formed by an offer and the acceptance of an offer by dispach or receipt of data message. An offer can not be withdrawn after it is accepted. But in mail-order sales and installment dealing an offer can be revoked after the goods were delivered. In this case the contract is lapsed.

• 통상정보연구
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• 제12권4호
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• pp.405-427
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• 2010

This legal study is to compare the Electronic Transactions Act in Thailand(hereinafter 'ETA') with mainly other countries electronic transactions acts, such as UNCITRAL MLEC, UECIC, VETA, UCITA and Korea' Electronic Transactions Act The ETA is consisted of 6 chapters which included preamble and definitions. Each chapter's main point as follows. Preamble is related to the name, time of legal effect, scope and definitions. Chapter 1 is not only general principles of electronic transactions, required restriction in addition to specify the limit of application, documentation, evidential weight in reference to the data message, but also the conditions of offer and acceptance through data message, time and place of dispatch and receipt of data message, certification between origination and addressee. According to media-neutrality and the effectiveness security requirement of data message under the information system, legal certification is related to the exchange's declaration of intention, define about origination-addressee of data message. Chapter 2 is composed to provide expressly about the effectiveness security in electronic signature. Those contents are to compare the MLEC, UECIC and Electronic Transactions Act in Korea. Chapter 3 is related to legal definitions that present legal requirement about service relating electronic transaction which contents accept domestic law, the adequate requirement as eligibility, satisfied matter, self-reliance ratio of finance and other detail standard Chapter 4 is deal with the transaction which are public sector and those application requirements. And also this chapter are composed regulations about direct-indirect purpose of Thailand domestic electronic government.

• 한국중재학회지:중재연구
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• 제16권1호
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• pp.45-80
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• 2006

The purpose of this paper is to make research on the method of arbitration agreement, the adoption and contents of the Convention on the Use of Electronic Communications in International Contracts, and the standpoint and problem with reference to the new Convention's application to the method of arbitration agreement in New York Convention. Last year the UN General Assembly and UNCITRAL adopted a new Convention on the Use of Electronic Communications in International Contracts that makes agreements by electronic communications enforceable, including arbitration agreements under the Convention on the Recognition and Enforcement of Foreign Arbitral A wards (New York Convention). Aimed at enhancing legal certainty and commercial predictability where electronic communications are used in relation to international contracts, the provisions of the Convention deal with, among other things, determining a party's location in an electronic environment; the time and place of dispatch and receipt of electronic communications; and the use of automated message systems for contract formation. Under the New York Convention, arbitration agreements in international contracts must be reduced to writing before they can be enforced. But under the new Convention, an arbitration agreement made entirely in electronic form would be enforceable. The working group expressed overall support in favor of the inclusion of a reference to the New York Convention in the new Convention. However, one proposal was that the exclusions provided under article 2 of the new Convention might be too broadly worded to adequately accommodate the New York Convention. In conclusion, Korea's government authorities should take prompt measures to sign and ratify the new Convention, and declare on the scope of its application. Also Korea's arbitration institute should make preparation for the amendment of the arbitration act and arbitration rules in accordance with the new Convention.

• 한국융합학회논문지
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• 제6권5호
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• pp.55-61
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• 2015

본 연구는 국내 소방산업 글로벌화를 위한 융합형 제도와 정책의 발전방안에 대한 것으로, 소방산업 진흥을 위한 정책시행 현황과 소방산업의 환경분석을 통한 현행의 문제점을 분석하였다. 결과적으로 소방산업 진흥법률 고도화 방안 및 소방산업 해외 진출 활성화 방안을 제시하였으며, 특히 소방산업 해외 진출 활성화 방안은 소방산업 기술진흥 정책 전략방안 및 해외 시장진출 지원 활성화 방안으로 분류하여 도출하였다. 해외 시장진출 지원 활성화 방안은 소방산업체 해외전시회 지원 다변화, 해외시장개척단 파견 확대, 아시아 신흥시장 진출 확대의 3개 세부방안으로 논의되었다. 특히 아시아 신흥시장 진출확대 방안을 통하여 국내 소방제도의 우수성 확립, 국내 소방산업체의 해외 진출 인프라 마련 및 국내 소방검사제도 구축 유도의 전략적 성과를 도출할 것이다.