• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.41
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• pp.79-102
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• 2009

L/C transaction, the most important issue for the seller and the buyer is the theory of documentary transaction and the theory of strict compliance which are the principles of L/C transactions. According to the leading cases in England and America where the practice of L/C transactions was created and developed, the descriptions of the commodities specified on all the documents which are submitted based on an L/C, should be identical to the descriptions of commodities specified in the L/C. And further, many leading cases of L/C continuously repeat to emphasize strict compliance. However, the recent leading cases in and out of the country show that the principle of strict compliance is being weakened. The leading cases in America show two trends of weakening the principle of strict compliance. That is, on the contrary to strict compliance, tends to apply substantial compliance (which puts more value on the substance of the documents). These leading cases reflect the attitudes of the judicial and the legislative authorization that don't want to approve formal approach to the commercial law. Recently, the Supreme Court of Korea is giving a decision on the principle of strict compliance, "The documents attached to an L/C should strictly comply with the conditions in the L/C, but it doesn't mean that they should be perfectly identical without any mistake in words. In case the bank can understand through reasonable care that a small mistake in words is too trivial to give different meaning or to give damage to the conditions of the L/C, the documents are regarded to comply with the conditions of the L/C. However, the judgment should be based on whether the difference between the documents and the L/C can be admitted by the international standard bank transaction practice or not." This decision tells that the principle of strict compliance is quite much modified so application of this modification can't be ignored. However, from the viewpoint of the party who requests to open an L/C, there is a criticism that a bank's arbitrary judgement can be involved. Therefore, reviewing the original purpose of L/C transactions (activating international transactions), the principle of strict compliance may be thought old-fashioned because it emphasizes a form, but in reality, for prompt transaction and payment, the principle of strict compliance should be observed in L/C transactions. And further, if a legislative device is prepared to systematically compensate for several side-effects, the principle of strict compliance will improve dynamic flow of prompt and low-costly L/C transactions. On the other hand, it will be able to protect the interested parties.

• Research in Community and Public Health Nursing
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• v.12 no.1
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• pp.288-298
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• 2001

This article makes an attempt to evaluate the extent of developing community health nursing knowledge and to suggest the direction of developing a body of knowledge henceforth through the results of analysis for contents and outcomes of all literatures. which have been published in the Journal related to community health nursing. Refer to the following for the result of this article. 1. The total number of literatures analyzed amounted to 100 pieces in Journal of community health nursing society. 78 in Journal of industrial nursing society, 134 in Journal of school health society. 40 in Journal of home care nursing society. 2. Journal of community health nursing society Health needs and educational-behavioral diagnoses, which are more concrete nursing assessments and diagnoses. formed the main current(54%) of articles published in Journal of community health nursing society since 1992. There was a quantitative growth as well as a qualitative advance. Through a classification by the type of a body of knowledge. It was found that the knowledge providing nursing practice with bases, commanded an overwhelming majority(71.8%). Also, Researches on systemic supports for nursing practice are showing a tendency to increase. 3. Journal of industrial nursing society 52.6% of research papers presented in Journal of industrial nursing society dealt with health problem of workers. assessment of risk factors, diagnosis of health behaviors. Because of the beginning of an industrial nursing, the domain of nursing management to establish the role and task, work condition, training. documentary system made up 23 percent of research, subjects. A knowledge providing nursing practice with bases have a majority, 69.2%. In addition. the subject concerning a systemic support and quality assurance was scarce but continuously presented. 4. Journal of school health society The major point of this journal is the identification of health problems and risk factors which belong to assessment and diagnosis domain(56.8%) regardless of year, Because of the interdisciplinary characteristic. The knowledge on quality assurance of nursing practice is relatively rare. But, articles related to a systemic support is plentiful. 5. Journal of home care nursing society In its infancy, there was a large number of papers concerning need assessment and diagnosis, Comparing others, this journal has introduced a good many of articles related to program management. delivery system. service fee, etc that belong to domain of systemic support for nursing practice. 6. It is showing definitely that quantity and extent of research have grown for a short period. See the analysis in terms of nursing process, studies related to the domain of assessment and diagnosis command an absolute majority regardless of kinds of journal. Although articles referring to program management and implementation is increasing in number, it is scarce to evaluate a nursing program and grope for an improvement. Also, program development based on a theoretical framework is little. Therefore much more scientific effort to ensure profession should be executed. 7. In the methodological aspect, longitudinal study needs to be carried out so that we could show the evidence based nursing theory. To develop a more general theory, we have to conduct a study of various subjects and improve a validity of tools through a repeat test. In addition, the effort for interdisciplinary cooperation is needed.

• The Korean Journal of Archival Studies
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• no.20
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• pp.77-114
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• 2009

The actual conditions of the labor unions are primitive. First, there is no good records management regulation. At this research, I found it that most regulations of the labor unions were all the same. I think they have been copied a kind of one of originality. Second, the definition of records were very narrow, like documentary evidence. Third, the classification, filing, disposal regulations are the below level of the public institution in 1970s. Fourth, there are no standards of the records scheduling for the labor records. What kind of labor records have the historical values? I could not find, only the documentary evidence value. So, I think The actual conditions of the labor unions are primitive. I investigated the collections of the Southern Labor Archives in USA. There were many kind of records. For example, the records of regional labor unions also central labor unions, pamphlets, journals, photos, personal records, oral history, organizational records like protocols article of associations internal rules, minute books etc. Like this the collections of the Southern Labor Archives in USA are very various. But our actual conditions of the labor unions is far from that. Rather, we just have tried collected records for publishing the white papers. But this habitual practice would not be desirable. Because they must manage the records from the producing time. Mostly, 'laborer history HANNAE' were organised, and they are trying the collecting and management of the labor records. Also They are trying the computerizing, compilation. 'HANNAE' has the condition for the transformation of the labor archives. But if they want to be really, they must make the records management infra and so, should normalize the record management firstly. For example, They must be keep the standardized records management regulations, records scheduling redesigned. the developing standard model for the records management. And they have the vision for the hub of the labor archives. When coming to this, it will be realized the labor archives Now the records for the working class are disappearing. The managing the records for the labor is another labor movement. All together should join it. But I think the supporting of the archival science research colleagues will be the essential part.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.39
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• pp.143-175
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• 2008

The documentary letter of credit is the most preferred and frequently used method in International Payment System in Korea, as it has less possibility of occurring credit risks in export than any other payment system. That's because the exporter can get payment from the issuing bank(confirming bank) by delivering the goods and presenting documents following the required procedure under the letter of credit, as the payment is affirmed by the issuing bank(including the confirming bank in case of the confirmed letter of credit) regardless of the buyer's payment. However, the pattern of payment methods used in international trade of Korea is changing dramatically like the importance of the credit is decreasing continuously among the payment methods while the remittance is increasing. The increase of remittance has a positive aspect that International Payment System are changing into those of advanced countries, but the decrease of the credit also has a negative aspect that the exporter might have a greater credit risks. Therefore, we need a systematic device to deal with this. Exporters in Korea usually have used the export credit insurance to deal with the credit risks However, the export credit insurance also have a limitation as the policy finance due to the limitation based on the credit status of the business and the limitation of acceptance from the lack of financial resources of the government, etc. Korea, which is the 11th export power in the world, has a basic limitation to deal with the credit risks by depending on the export credit insurance only. So, in this thesis, I have studied on the international factoring, forfaiting, which are advanced export finances and widely used in advanced countries, as substitutes to deal with the credit risks. the international factoring is an trade financing in which a factor offers full services such as credit cover, offering prepayment, collection, account receivables, management, etc, instead of the exporter on the account receivables occurred by the exporter's delivering goods to the importer. This international factoring has a high possibility of using as a means to deal with the credit risks, because it offers prepayment without recourse. the forfaiting is another export financing in which a forfaiter purchases the draft, the promissory note and other negotiable instruments issued from the international trade, with fixed interest rate without recourse from the exporter or previous holder. By using this method, they can avoid foreign exchange risks, contingency risks as well as credit risks, as the conveyances like the promissory note, etc are issued with the note warranty so-called 'per aval' in business practice. These trade financing are good substitutes to deal with the credit risks in export, but they are not widely used in Korea. Though it can be explained with various reasons, the common reasons are the lack of understanding on the use of advanced export finance, the lack of experts to manage the advanced trade finance, the conservative way of thinking of domestic organizations related to trade financing, the lack of organizations supporting the trade financing, etc.

• Journal of Arbitration Studies
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• v.21 no.3
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• pp.21-54
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• 2011

International commercial arbitration has established itself as the primary dispute resolution mechanism for international business transactions. Certainly, there are commonly-accepted standards that have evolved to reflect an internationally-harmonized approach to issues relating to the taking of evidence. This is reflected in International Bar Association("IBA") Rules for Taking of Evidence in International Evidence("IBA Rules"). This IBA Rules were revised in 2010. Designed to assist parties in determining what procedures to use in their particular case, IBA Rules present some of the methods for conducting international arbitration proceedings. Parties and arbitral tribunals may adopt IBA Rules in whole or in part - at the time of drafting the arbitration clause in a contract or once an arbitration commences - or they may use them as guidelines. They supplement applicable national laws and institutional or ad hoc rules. The IBA Rules were an ambitious undertaking, designed to overcome fundamental cultural differences relating to the taking of evidence under different national court systems. While it is difficult to assess how frequently the IBA Rules are actually adopted by parties, it is fair to say that they have had a considerable influence on the practice of taking evidence in international arbitration. This article mainly describes the essential provisions of IBA Rules, as revised in 2010, including but not limited to production of document, witnesses of fact, party-appointed experts, and tribunal-appointed experts. It also provides a comparison of relevant procedural rules of civil law and common law systems to each of the above mentioned provisions. It is important for arbitration practitioners to understand the differences in the taking of evidence under civil law and common law systems, respectively. This article will be helpful for practitioners and academics not only to understand the revised IBA Rules themselves but also to prepare for, and adequately deal with, the frictions that may arise as a result of the differences in approach for taking evidences. Indeed, so prepared, the arbitration practitioner will be able to anticipate the expectations, perceptions and the conduct of the parties, their counsel and the tribunal members.

• The Journal of Art Theory & Practice
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• no.2
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• pp.169-190
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• 2004

The purpose of this article is to delve into the problems of originality of the artwork by examining issues of reproduction within the contemporary art market. In contemporary arts, especially in terms of art production and consumption, we can't overlook society and its economic structure and its connection with of capitalism. As the purity of art creation has turned into an exchange value, art, especially an object as artwork, has fallen into the status of production in an economic marketing system. Walter Benjamin mainly referred to that point in his thesis Das Kunstwerk im Zeitalter seiner technischen Reproduzierbarkeit, which originated the sociology of plastic arts. This thesis, published in 1936, traced how the artistic functions of photograph and movie had been changed through the social development. His main concerns were movie and photograph but what I am concentrating from his point of view, is that even in the field of plastic arts, the manufacture of reproduction has been practiced as a primary method within the social and political contexts and development. Though I am referring to this in the main body of this article, reproduction in contemporary art strongly needs a new definition since it has been spread all over like a newest virus, not only by collector's personal taste or hut also by commercial circulations of these reproductions to the public. This relates to Benjamin's argument about the value of an exhibition at a museum(Ausstellungswert). Since the function of an artwork has been one of cultural industry, the manufacturing of reproduction raises unexpected problems, such as, the originality of the artwork, the value of an exhibition at a museum, its achievement as documentary and as a territory of art criticism. In this point of view, I want to inquire into the value and criteria of an exhibition in contemporary art through the review of the definitions and the intrinsic attributes of reproduction. Somehow in a broad sense, the reproduction is a product coming out of representation or copy (replica) of an original art work or an model. Therefore, the problems it presents differ from the Simulacre, which is an image without an original one. In terms of the Meanings of reproduction, we can distinguish it as reproductions, copies, and productions. These types of reproductions are not the original artworks reflected by the creative intention of the artists. For example, a publishing company reproduced some of lithographs of Salvador Dali in the 1960s. They are commercial copies in the form of representation or reproduction with no artistic and creative intention of the artist. However, In despite of this theoretical basis, reproductions of the famous artists are still displayed without any verification for of the public's quest for the artworks. Moreover, many commercial companies that are planning to exhibit art works of the world-famous artists only for their profits keep trying to speak ill of and judging by the law the honest art critics' articles which discuss the true values of exhibition. If freedom of expression is one of the ideals of democracy, even the judgment of the originality of the artworks should be freely expressed.

• The Journal of Art Theory & Practice
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• no.14
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• pp.33-51
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• 2012

Joseph Mallord William Turner (1775-1851) has been widely regarded as the most original and brilliant English landscape painter in the 19th century. Admitted to the Royal Academy Schools in 1789, Turner was a precocious artist and gained the full membership of the prestigious Royal Academy in 1802 at the age of 27. Already in the 1800s he was recognised as a pioneer in taking a new and revolutionary approach to the art of landscape painting. Among his early works made in this period, The Shipwreck, painted in 1805, epitomizes the sense of sublime Romanticism in terms of its dramatic subject-matter and the masterly display of technical innovations. Of course, the subject of shipwreck has a long standing history. Ever since human beings first began seafaring, they have been fascinated as much as haunted by shipwrecks. For maritime societies, such as England, shipwreck has been the source of endless nightmares, representing a constant threat not only to individual sailors but also to the nation as a whole. Unsurprisingly, therefore, shipwreck is one of the most popular motifs in art and literature, particularly during the 18th and 19th centuries. Yet accounts, images and metaphors of shipwreck have taken diverse forms and served different purposes, varying significantly across time and between authors. As such, Turner's painting registers a panoply of diverse but interconnected contemporary discourses. First of all, since shipwreck was an everyday occurrence in this period, it is more than likely that Turner's painting depicted the actual sinking in 1805 of the East India Company's ship 'The Earl of Abergavenny' off the coast of Weymouth. 263 souls were lost and the news of the wreck made headlines in major English newspapers at the time. Turner's painting may well have been his visual response to this tragedy, eyewitness accounts of which were given in great quantity in every contemporary newspaper. But the painting is not a documentary visual record of the incident as Turner was not present at the site and newspaper reports were not detailed enough for him to pictorially reconstruct the entire scene. Rather, Turner's painting is indebted to the iconographical tradition of depicting tempest and shipwreck, bearing a strong visual resemblance to some 17th-century Dutch marine paintings with which he was familiar through gallery visits and engravings. Lastly, Turner's Shipwreck is to be located in the contexts of burgeoning contemporary travel literature, especially shipwreck narratives. The late 18th and early 19th century saw a drastic increase in the publication of shipwreck narratives and Turner's painting was inspired by the re-publication in 1804 of William Falconer's enormously successful epic poem of the same title. Thus, in the final analysis, Turner's painting is a splendid signifier leading the beholder to the heart of Romantic abyss conjoing nightmarish everyday experience, high art, and popular literature.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.251-293
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• 2002

The study is a comparative and analytical study which comprises of the analysis of the rules of the buyer's right to withhold performance where the seller delivers defective goods or documents of three legal systems; the CISG, English law and Korean law. The purposes underlying this study are twofold. The first is to clarify the current position as to the right of withholding performance in the event of the seller's tender of defective goods or documents in Korean law, CISG and English law so that it may assist the parties in drafting the buyer's right to withhold performance in their own contract. The second is to compare the rules of one jurisdiction with those of other jurisdictions and to evaluate the rules in light of the practical functions and benefits of the right to withhold performance and the discipline of comparative law the basic question of which is whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. It shows that each jurisdiction does not have any provision or case law specifically dealing with the buyer's right to withhold performance where the seller delivers the goods which are defective in terms of quality or quantity. The absence of such provision or case in each jurisdiction has resulted in either disputes or uncertainty. However, the study executed in light of the primary functions and benefits of the right in practice and the discipline of comparative law reveals that, first, the view in English law which is against recognizing the right may not be justified when one considers the practical importance of having the right and the position taken by the CISG as a well developed and modernized law, second, the view in Korean law which argues that the principle of specific goods dogma on which it is based is extended even to substitutable or repairable goods cannot be also justified on the ground of one's ordinary expectation and the position under the CISG and English law which imposes a contractual duty to deliver non-defective goods on the seller insofar as the buyer's payment is deemed to be made in exchange for the seller's delivery of non-defective goods and they are substitutable or repairable. Regarding the right to withhold performance in the event of the seller's tender of defective documents, the study shows that the relatively detailed rules in English law may be utilized as a guideline to fill the gap in the CISG and Korean law in terms of the practicability and appropriateness to govern documentary sales. Furthermore, it is found that the position in English law which confers on the buyer the right to withhold performance for a trivial defect in documents may be unreasonable in terms of one's need to enable justice to be done in individual cases.

• Journal of the Korean Society of Costume
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• v.43
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• pp.243-258
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• 1999

This is a study of CHOK-DU-RI(族頭里) a black crown-like headpiece worn by woman on formal occasion in Chosun Dynasty and has succeeded until now. CHOK-DU-RI was originated by BOKTAK worn by Mongolian noblewomen and inflowed to the last period of Koryo dynasty under occupation of Yuan. The documentary records of O-JU-YON-MUN-CHSNG-JON-SAN-KO( by Lee Kyu-kung CHUNG-JANG-KWAN-JON-SUH by Lee Tock-mu and KO-SA-TONG by choe Nam-sun verify CHOK-DU-RI is a custom of mongolian fusion that was affected by KO-KO of Yuan and was formed. Ko-Ko is the same as BOKTAK. It is assumed KO-KO is a borrowed name as its transcription varies. The name was given according to its appearance which is certified by the record CHANGCHUN-CHIN-IN-SEO-BANG-YU-RAM-KI. It says that it can be simply named KO-KO as its edge is alike ad goose or a duck. In addition KO-Ko was called CHOGTAI in case of being added a camel fur that is JUGDUR. CHOGTAI similarily pronounced with CHOK-DU-RI which of being added a camel fur that is JUGDUR, CHOGTAI similarily pronounced with CHOK-DU-RI which provd CHOK-DU-RI was originated in Mongol. The shape of BOKTAK is very high and wided toward the top with the top with the angle getting more pointed and a feather stuck on the side. But its height got lower and its size smaller as it did gradually Koreanized to a CHOK-DU-RI. The use of CHOK-DU-RI has been settled since the last period of Chosun Dynasty. It came to stay as a popular custom when King Young-jo and Jong-jo wanting to do away with the corrupt practice of KA-CHE encouraged women at that time to do their hairs with CHOK-DU-RI instead of KA-CHE. It is as follows the classification of CHOK-DU-RI. First classified by a use group is divided into ceremonial use such as the seven treasures CHOK-DU-RI and jeweled CHOK-DU-RI. Hereby it is assumed that CHOK-DU-RI was used regardless of fortune. Secondly it varies by its type of frame. There are SOM CHOK-DU-RI OHT CHOK-DU-RI and O-YOM CHOK-DU-RI a kind of SOM CHOK-DU-Ri formed a base of O-YOM-MO-RI. The third group by jeweling has WHE-BONG CHOK-DU-RI and TA-BONG-CHOK-DU-RI JEwele CHOk-DU-RI can be still seen being commercially lent and worn by the brides at nuptical ceremonies performed in tradition of fashion and when worn bya bride as she gives her parents to her parents-in-law.

• Journal of the Korean Home Economics Association
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• v.19 no.2
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• pp.123-133
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• 1981

If we are to define that the traditional costume is a comprehensive expression of the culture, thoughts, and arts of a country, it is needless to say that the traditional costume would have always reflected the social and cultural aspects of the times. In order words, the cultural contemplation of a certain people at some point the history is only possible when we observe the distintive features of the costume worn by the people of respective times. Although the Korean people had the native costume of its own from the times of the Ancient Choson to the Three Kingdoms of Koguryo, Paekche, and Silla, the Chinese influence on Korean traditional costume became somewhat pronounced ever since the Silla strenghtened the political ties with the T'ang dynasty in China, and it came to a climax when the dual structure in Korean native costume, being compounded with the Chinese touch, continued to be prevailed from the era of the Unified Silla to the Koryo and throughout the succeeding Yi dynasty, thereby copying the typical aspects of Chinese pattern in clothing and dresses worn by the ruling classes, namely the goverment officials including the Kings. Therefore, it is our aim to study the pattern of Chinese influence on our traditional costume, as well as social and cultural aspects by way of contrasting and comparing our official outfit system, which had been developing in dualism since the era of the Unified Silla, with that of China, and to trace in part the Korean traditional costume. In comparing our traditional official outfit system with that of China, we have basically concentrated on the comparison of the official outfit systems during the periods of the Three Kingdoms, the Koryo, and The Yi dynasty with that of corresponding era of Chinese history, namely the dynasties of T'ang, Sung, and Ming, and followed the documentary records for the comparison. Koreans had fallen into the practice of worshipping the powerful in China and begun to adopt the culture and institutions of the T'ang dynasty since the founding of the Unified Silla. From this time forth, Korean people started to wear the clothes in Chinese style. The style of clothing during the period of the Koryo Kingdom was deeply influenced by that of the T'ang and Sung dynasties in China, and it was also under the influenced of the Yuan dynasty(dynasty established by the Mongols) at one time, because of the Koryo's subordinative position to the Yuan. At the close of the Koryo dynasty, the King Kongmin ordered the stoppage on the use of 'Ji-Joung', the name of an era for the Yuan dynasty, in May of the eighteenth year of his rule in order to have the royal authority recognized by a newly rising power dominating the Chinese continent, the Mind. Kind Kongmin presented a memorial, repaying a kindness to the Emperor T'aejo of the Ming dynasty in celebration of his enthronement and requested that the emperor choose an official outfit, thereby the Chinese influence being converted to that of the Ming. As a matter of course, the Chinese influence deepened all the more during the era of the Yi dynasty coupled with the forces of the toadyic ideology of worshipping the China, dominant current of the times, and the entire costume, from the imperial crown and robe to the official outfit system of government officials, such as official uniforms, ordinary clothes, sacrificial robes, and court dresses followed the Chinese style in their design. Koreans did not have the opportunity of developing the official outfit system on its own and they just wore the official outfit designated on separate occasions by the emperors of China, whenever the changes in dynasty occurred in the continent. Especially, the Chinese influence had greatly affected in leading our consciousness on the traditional costume to the consciousness of the class and authority. Judging from the results, Koreans had been attaching weight to the formulation of the traditional outfit system for the ruling classes in all respective times of the history and the formulation of the system was nothing more than the simple following of the Chinese system.