• Korea Trade Review
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• v.42 no.1
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• pp.99-124
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• 2017

Korea's country-of-Origin-Labeling(CoOL) system has been implemented since july 1, 1991. There is a variety of regulations and standards about the country-of-Origin-Labeling system in South Korea including the customs duty laws and foreign trade laws. For this reason, parties interested may find it difficult to operate the CoOL system, and furthermore, failing to understand those regulations and standards clearly. Therefore, we conducted a survey among parties interested and consumer to assess their level of understanding of the CoOL systems. The result of our study showed that they do not have a clear understanding of the CoOL systems. Due to a lack of sufficient understanding of the system possibly leading to violations of Country-of- Origin labeling(CoOL) regulations and standards, it is essential to consider an innovative and practical solution to resolving this issue.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.145-173
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• 2016

A patient's Right to Self-Determination or his/her Right of Autonomy in the Republic of Korea has traditionally been understood as being composed of two elements. The first, is the patient's Right to Know as it pertains to the physician's Duty to Report [the Medical Situation] to the patient; the second, is the patient's Right to Consent and Right of Refusal as it pertains to the physician's Duty to Inform [for Patient's Consent]. The legal and ethical positions pertaining to the patient's autonomous decision, particularly those in the interest of the patient's not wanting to know about his/her own body or medical condition, were therefore acknowledged as passively expressed entities borne from the patient's forfeiture of the Right to Know and Right to Consent, and exempting the physician from the Duty to Inform. The potential risk of adverse effects rising as a result of applying the Informed Consent Dogma to situations described above were only passively recognized, seen merely as a preclusion of the Informed Consent Dogma or a denial of liability on part of the physician. In short, the legal measures that guarantee a patient's 'Wish for Ignorance' are not currently being understood and acknowledged under the active positions of the patient's 'Right Not to Know' and the physician's 'Duty to Consideration' (such as the duty not to inform). Practical and theoretical issues arise absent the recognition of these active positions of the involved parties. The question of normative evaluation of cases where a sizable amount of harm has come up on the patient as a result of the physician explaining to or informing the patient of his/her medical condition despite the patient previously waiving the Right to Consent or exempting the physician from the Duty to Inform, is one that is yet to be addressed; that of ascertaining direct evidence/legal basis that can cement legality to situations where the physician foregoes the informing process under consideration that doing so may cause harm to the patient, is another. Therefore it is the position of this paper that the Right [Not to Know] and the Duty [to Consideration] play critical roles both in meeting the legal normative requirements pertaining to the enrichment of the patient's Right to Self-Determination and the prevention of adverse effects as it pertains to the provision of [unwanted] medical information.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.107-126
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• 2016

The parties in International Sale of Goods including Korean Firms Should note ; The buyer must pay the price for the goods and take delivery of them as required by the contract and CISG. The obligations mentioned in Article 53 are primary obligations which are to be fulfilled in the normal performance of the contract. The buyer has to take delivery at the respective place within a reasonable period after this communication since he cannot be required to take delivery immediately. Refusing to take delivery in case of delay not constituting a ground for avoiding the contract makes no sense, since this would lead to even later delivery. The buyer's obligation to pay the price includes taking such steps and complying with such formalities as may be required under the contract or any laws and regulations to enable payment to be made. International sales contracts frequently prescribe that the buyer has to act in advance, that is before the seller starts the process of delivery. Such acts may be either advance payments or the procurement of securities for payment as letters of credit guarantees. On the other hand, The seller deliver the goods hand over any documents relating to them and transfer the property in the goods, as required by the contract and CISG. The seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. Except where the parties have agreed otherwise, the goods do not conform with the contract unless they are fit for the purposes for which goods of the same description would ordinarily be used are fit for any particular purpose expressly or impliedly made known to the seller at the time of the conclusion of the contract, except where the circumstances show that the buyer did not rely, or that it was unreasonable for him to rely, on the seller's skill and judgement. The buyer may declare the contract avoided if the failure by the seller to perform any of his obligations under the contract or CISG amounts to a fundamental breach of contract. The seller may declare the contract avoided if the failure by the buyer to perform any of his obligations under the contract or CISG amounts to a fundamental breach of contract.

• Journal of Digital Convergence
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• v.13 no.1
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• pp.275-281
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• 2015

The recent health care is growing rapidly want to receive offers users a variety of medical services, can be exploited easily exposed to a third party information on the role of the patient's hospital staff (doctors, nurses, pharmacists, etc.) depending on the patient clearly may have to be classified. In this paper, in order to ensure safe use by third parties in the health care environment, classify the attributes of patient information and patient privacy protection technique using hierarchical multi-property rights proposed to classify information according to the role of patient hospital officials The. Hospital patients and to prevent the proposed method is represented by a mathematical model, the information (the data consumer, time, sensor, an object, duty, and the delegation circumstances, and so on) the privacy attribute of a patient from being exploited illegally patient information from a third party the prevention of the leakage of the privacy information of the patient in synchronization with the attribute information between the parties.

• Journal of the Korea Society of Computer and Information
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• v.26 no.10
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• pp.147-155
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• 2021

If one wants to file a lawsuit against the administrative office, he or she should decide whether to file a civil lawsuit or an administrative lawsuit. The type of lawsuit must be determined to determine which court to file the lawsuit with. Korea seems to have a clear distinction between administrative and judicial legal relationships, but it is not easy to distinguish between public and judicial cases unless the public and judicial discrimination are maintained. The practice or precedent of litigation is always difficult to distinguish because the litigation is based on the discrimination of whether the litigation belongs to a legal relationship in public law or judicial law. I believe that if the administrative litigation law establishes a provision related to the designation of a duty and stipulates that "if a litigation case is questioned whether it is an administrative or civil lawsuit, the Supreme Court-related court shall designate the competent court at the request of the parties," the lower court will be guaranteed the right to swift a trial, and the legal representatives will be freed from the exhaustive agony.

• Journal of the Korean Society of Safety
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• v.30 no.5
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• pp.59-66
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• 2015

This study investigated the recognition difference among construction work participants for the assignment of the safety and health management responsibility to a client by survey. Recently, there were some studies for the client's responsibility and duty and they suggested the client-initiative safety and health management system in order to prevent construction accidents. To supplement the existed studies, this study surveyed various construction participants such as clients, safety managers, construction managers, supervisors, others. The clients and construction managers considered the contractor as most important person to prevent construction accidents, but the safety managers and supervisors considered the client. For the opinion that the assignment of the safety and health management duty to a client is helpful, safety managers were agreed with the most. However, the clients showed the lowest agreement. The reasons that the negative opinion for the assignment of client's the safety and health management were different between clients and other construction parties. Since, clients showed large difference to other construction participants for the recognition of works' safety and health, the education about the works' safety and health management should be continuously performed for clients to have correct recognition for works' safety and health.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.25-62
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• 2014

Avoidance refers to the process of terminating a contract because of a non-performance. It implies the right of the aggrieved party to refuse to accept further performance by the other side and to refuse to perform one's own counter-obligations, on a permanent basis. The 1980 U.N. Convention on the International Sale of Goods, hereinafter 'CISG', regulates in Arts. 81-84 the effects of avoidance. The primary effect is that prescribed in Art. 81.1 CISG: both parties are released from their obligations under the contract, subject to any damages which may be due. As seen, the CISG deals with the legal consequences of avoidance, including restitutionary claims. However, a closer look to CISG provisions on restitution reveals that certain matters are left open. For instance, the CISG leaves open questions such as the costs, place and time where restitution is to be made. In this particular, the Convention remains silent as to the consequences of a delayed or refused restitution or the buyer's liability when the goods are damaged or destroyed after the avoidance. In light of the above, the present article attempts to determine the extent to which the modes of restitution are regulated in the CISG and how possible gaps are to be filled.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.103-122
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• 2004

Recognition and enforcement of the arbitral award play an important role in the settlement of the international commercial disputes. The New York Convention makes it a duty for the courts of signatories to recognize and enforce the foreign arbitral awards not taking the nationality of the party concerned into consideration. Recognition and enforcement of the arbitral award may be refused if the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made. The arbitral award has the same force as an irrevocable judgement including effect of excluding further litigation, its execution and formation. But the effect of set aside arbitral award made abroad in arbitral place was denied by France court for the interest of his people. There is no arbitral act but arbitral procedure is regulated by New Code of Civil Procedure in case of France. An appeal against the decision which grants recognition or enforcement is open if the recognition or execution is contrary to international pubic policy in virtue of Art. 1502. Arbitrator may consider compulsory provisions in arbitral place to assure to recognition and enforcement of the arbitral award.

• Proceedings of the KSR Conference
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• 2010.06a
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• pp.2058-2063
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• 2010

United Nations Framework Convention on Climate Change(UNFCCC) is one of the international environmental convention with the goal of stabilizing Greenhouse Gas(GHG) concent in the atmosphere and preventing potentially dangerous change in the earth's climate. The purpose of this convention is to reduce fossil fuel consumption and to prevent GHG emission. The Republic of Korea was one of the Annex-II parties submitted its national communication to the UNFCCC. As a developing county, there is no GHG emission reduction commitments made by South Korea during first commitment period(2008~2012). On the contrary, South Korea' status as an OECD member, joining in 1996, ranks 6th in GHG emission. Furthermore the rate of increase of GHG is first among OECD countries in year 2005. As a result, Korea will probably be incorporated into Annex-I in second commitment period (after 2013). So, Korea government established and announced Voluntary GHG Reduction scheme to reduce emissions of 4%(accounting for 30% reduction base on Business As Usual) from the 2005 level by the year 2020 for mitigation of reduction duty impact. In specific case of Korea, transportation section occupied almost 21% of total energy consumption and nearly 17% of total GHG emission at 2005, so systematic emission management is required. To do so, in this research, we focus on systematic way of GHG management system to handle GHG reduction duties in Railroad section.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.25
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• pp.99-119
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• 2005

Recently, the export claims related to the compliance of the commercial invoice are increasing. This paper aims to review the basic requirements of the invoice, and two theories on the document compliance, i.e., the strict compliance and the substantial compliance, and to analyse the substantial compliance of the invoice through some recent cases under the UCP 500, ICC's opinions and the International Standard Banking Practice (ISBP). As regards the compliance of the invoice, a majority of the cases has held that it must comply strictly with the credit terms ("strict compliance rule"). However, a minority of courts and credit industry standards such as the UCP and ISBP published by ICC take a different approach, infusing the credit law notions such as equity, "substantial compliance rule", etc. The extent of the substantial compliance of the invoice is particularly explained in the above-mentioned invoice paragraphs of the ISBP and supported by a large number of ICC's official opinions. Especially, the parties and descriptions in the invoice must correspond with those in the credit, being not inconsistent with the other documents. Other issues related to invoices such as a tolerance of the quantity, the amount, and the number of originals or copies, etc. must comply with the credit terms substantially.