• 제목/요약/키워드: English Law

검색결과 103건 처리시간 0.023초

항공영어구술능력증명시험 개선방안 연구 (Research for Improvement of EPTA(English Proficiency Test for Aviation))

  • 이기일
    • 한국항공운항학회지
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    • 제24권4호
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    • pp.70-80
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    • 2016
  • ICAO(International Civil Aviation Organization) established ICAO LPRs(Language Proficiency Requirements) which is an international standard of English for aviation to promote the aviation safety. The Republic of Korea government amended the aviation law on the 8th of November, 2005 and made EPTA(English Proficiency Test for Aviation) as a follow up action. Purpose of this research is analysing the problem of EPTA and improving it. This investigation takes a look at the current ICAO LPRs and compares the difference between EPTA and other global English proficiency requirements for aviation. The result indicated that there is a discordance between the standards of ICAO and EPTA. Also, the global English proficiency reqirements for aviation and EPTA had differences which required improvements. The study suggests to replace more job relevant questions in the EPTA and reform the level system of EPTA.

국제무역 계약상 해상보험의 담보에 대한 주요 차이점 -영국, 미국, 한국의 비교 (Main Differences of Warranties under Marine Insurance Contract - with Comparisons between U.K., U.S. and Korea -)

  • 박명섭;한낙현
    • 무역상무연구
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    • 제44권
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    • pp.111-180
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    • 2009
  • According to English law, in a voyage policy there is an implied warranty that at the commencement of the voyage the ship shall be seaworthy for the purpose of the particular adventure to be insured. However, Unites States law affords the implied warranty of seaworthiness a great deal of latitude. In the case of voyage policies, it has been traditionally held that the assured is bound not only to have his vessel seaworthy at the commencement of the voyage but also to keep her so, insofar as this can be achieved by himself and his agents, throughout the voyage. Additionally, a defect in seaworthiness, arising after the commencement of the risk, and permitted to continue from bad faith or want of ordinary prudence or diligence on the part of the insured or his agents, discharges the insurer from liability for any loss consequent to such bad faith, or want of prudence or diligence; but does not affect the insurance contract in reference to any other risk or loss covered by the policy, and which is not caused or exacerbated by the aforementioned defect. One of the most important areas of difference in the marine insurance contract between the U.K. and U.S. is the breach of warranty. Prior to the Wilburn Boat case, the MIA was thought to hold that the effect of a breach of warranty was similar under American law -in that under the general maritime law literal compliance with all promissory warranties is required. In this case, the Court concluded that state law should apply to a marine insurance policy, and found that there was no federal rule addressing the consequences of a breach of warranty in marine polices. However, it is of the utmost importance that this case brought to a close the imperative concordance between English and American law. Meanwhile, in relation to marine insurance contracts in Korea, this insurance is subject to English law and practice;, additionally, the international trade volume between Korea and the United States has assumed a vast scale. Therefore, we believe it is important to understand the differences in marine insurance law between the two countries in terms of marine insurance contracts, and most specifically warranties.

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선박수출계약의 주요 조항 및 주요 분쟁사항에 대한 대처방안의 연구 (A Study on the Main Clauses of a Shipbuilding Contract and the Relevant Measures on Disputable Issues)

  • 김상만
    • 무역상무연구
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    • 제54권
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    • pp.3-44
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    • 2012
  • Shipbuilding industry is one of the most influential ones in Korea. As shipbuilding industry is labor-intensive, it contributes to enhancing both local economy and national economy. Shipbuilding industry has been downsizing since the end of 2008 due to global financial crisis caused by America's sub-prime mortgage and aggravated by European countries' fiscal deficit. As a large fund is required for a single normal shipbuilding contract, fund raising is one of the most important elements in shipbuilding contract. Shipbuilding contract, requires refund guarantee in order for a buyer to reimburse the progressive payment paid to a builder. The disputes under shipbuilding contracts are mostly settled by arbitration rather than by law suit. English laws and English courts have been preferred for the choice of law as well as for the choice of forum. Due to depreciation of the ship value since the end of 2008, a number of buyers are trying to cancel the contract by raising unjust claim under the contract. Once disputes occurs regarding shipbuilding contract, a large amount of loss is inevitable. In order to mitigate the disputes arising from the shipbuilding contract, careful caution is required in drafting a shipbuilding contract.

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선박건조계약상 건조자책임과 제조물책임 (A Study on the Liability of the Builder in the Shipbuilding Contract and Products Liability.)

  • 정선철
    • 한국마린엔지니어링학회:학술대회논문집
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    • 한국마린엔지니어링학회 2005년도 후기학술대회논문집
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    • pp.92-93
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    • 2005
  • A contract for the shipbuilding is usually a complicated and involves statement of rights, obligations and responsibilities which each party agrees vis-a vis the other. The ultimate purpose of the contract is the sale and transfer of the finished ship by the builder to the buyer. Contracts for the construction and sale of ships are categorized as contracts for the sale of goods under English, United States, Germany and some countries law. On the other hand, The shipbuilding contract may be classified, not as a contract of sale but as a contract for work and materials under Korea, Japan and some countries law. Especially, most of countries are now well settled with regard to liability of a manufacturer in tort for physical injury and on the other for pure economic loss to remote owners of chattels. Where there is either a breach of contractual warranty or an implied warranty, there may be admiralty jurisdiction, depending once again on the situs of the event and its relationship to traditional maritime activity. Contract principles will be applied to the first type of warranty and tort principles will be applied to the second. First of all, this thesis is dealt with the contents of contract under English Law. Secondly, this thesis is analysed into the liability of shipbuilder in Products Liability under English, American and Korean Law comparisons. In conclusion, the author tries to give some suggestions as countermeasures of Products Liability to the shipbuilder in Korea.

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Improvised Layout of Mobile Keypad for Filipinos

  • Namo, Gecynth;Lee, Jung-Hwa;Yun, Hong-Won
    • Journal of information and communication convergence engineering
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    • 제8권3호
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    • pp.328-332
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    • 2010
  • Filipino language is an Austronesian language based on numerous native languages with influences from other major languages such as English and Spanish. The Filipino alphabet is consists of 26 English alphabets, with the addition of two letters, "$\tilde{n}$" and "ng", a total of 28 letters. Filipino language expressions and sentences are still incomparable to English and Spanish even though there are numerous borrowed words from these languages. This study aims to discover the uniqueness in the Filipino language by identifying the frequencies of the letters in common words used and be able to introduce a revolutionary keypad for the Filipinos which is scientifically efficient. To compare the efficiency of the revised and the original keypad, computations using Fitts' Law, Hick-Hyman Law and KSPC were done. Results showed that the new keypad layout was more effective than the original keypad. Introducing a improvised keypad to the Filipinos is one step closer in achieving customized services and features to Filipinos in mobile computing.

영국 2015년 보험법 상 담보(워런티)에 관한 연구 (A Study on Warranty in The Insurance Act 2015)

  • 신건훈;이병문
    • 무역상무연구
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    • 제73권
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    • pp.65-90
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    • 2017
  • The rule of warranty in English insurance law was established in the second part of the $18^{th}$ century by Lord Mansfield, who laid the foundations of the modern English law of insurance contract and developed very different rule of insurance law, especially in the field of warranty. At the time of Lord Mansfield, warranty, that is, the promise given by the assured, played an important role for the insurer to assess the scope of the risk. Legal environments, however, have changed since the age of Lord Mansfield. English and Scottish Commissions proposed very dramatic reform of law in the field of warranty law to reflect the changes of legal environment through the Insurance Act 2016. This article intends to consider the legal implications through the comparative analysis between the new regime of warranty in the Insurance Act 2015 and MIA 1906. The major changes in the Insurance Act 2015 are summarized as following. First, Basis of the contract clauses in non-consumer insurance contracts should be of no effect and representations should not be capable of being converted into warranties by means of a policy term or statement on the proposal form. This requirement should not be capable of being avoided by the use of a contract term and the arrangement of contracting out by parties should be of no effect. Secondly, The existing remedy for breach of warranty, that is, automatic discharge of the insurer's liability, should be removed. Instead, the insurer's libility should be suspended from the point of breach of warranty and reattach if and when a breach of warranty has been remedies. Thirdly, A breach of warranty should genally be regarded as remedied where the insured ceases to be in breach of it. In the other hand, for time-specific warranties which apply at or by an ascertainable time, a breach should be regarded as remedies, if the risk to which the warranty relates later, becomes essentially the same as that originally contemplated by the parties. Fourthly, where a term of an insurance contract relates to a particular kind of loss, or loss at a particular location/time, the breach of that term should only give the remedy in relation to loss of that particular kind of loss, or at a particular location/time. Finally, whether a term of an insurance contrat relates to loss of a particular kind of at a particular location/time should be determined objectively, based on whether compliance with that ther would tend to reduce the risk of the occurrence of that category of loss.

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음운적 양음절성의 허상 (Against Phonological Ambisyllabicity)

  • 김영석
    • 한국영어학회지:영어학
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    • 제1권1호
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    • pp.19-38
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    • 2001
  • The question of how / ... VCV .../ sequences should be syllabified is a much discussed, yet unresolved, issue in English phonology. While most researchers recognize an over-all universal tendency towards open syllables, there seem to be at least two different views as regards the analysis of / ... VCV .../ when the second vowel is unstressed: ambisyllabicity (e.g., Kahn 1976) and resyllabification (e.g., Borowsky 1986). Basically, we adopt the latter view and will present further evidence in its favor. This does not exclude low-level “phonetic” ambisyllabification, however. Following Nespor and Vogel (1986), we also assume that the domain of syllabification or resyllabification is the phonological word. With the new conception of the syllable structure of English, we attempt a reanalysis of Aitkin's Law as well as fe-tensing in New York City and Philadelphia.

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유럽연합 법제상 해상보험계약의 준거법에 관한 연구 (EC's Recent Developments of Legal Regime in Governing Law for Marine Insurance Contracts)

  • 이주영;박원형
    • 수산경영론집
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    • 제43권1호
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    • pp.63-74
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    • 2012
  • The Korean Conflict of Laws Act recently incorporated much of the European Union's recent revision in "EC Convention on the Law Applicable to Contractual Obligations (Rome 1980)"(hereinafter Rome Convention). With the revision of Rome Convention applied to contractual obligations,"Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)"(hereinafter Rome I) has taken effect on December 2009. Before the effectivation of Rome I, "Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)"(hereinafter Rome II) has come into effect on January 2009. This means the revision of certain rules and its practical implications need an in-depth study on governing law rules under Rome I which provides newly effected governing laws applicable to contractual obligations. Moreover, uniform choice of law rules on non-contractual obligations needs to focus especially on marine insurance contract. Where policy assignment and subrogation causes, how to decide the governing law which will be applied to the insurer as a third party? This article attempts to analyze emerging legal issues in legal regimes determining choice of law, especially those in international marine insurance contracts. This will help Korean practitioners to be dialed in legal affairs under English Law as the governing law in their contracts.

영국 해사법상 선박매매 브로커의 대리인 책임에 관한 일고찰 (A Study on the Ship Sale and Purchase Brokers' Liability as Agent in English Maritime Law)

  • 정선철
    • 한국항해항만학회지
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    • 제37권6호
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    • pp.617-625
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    • 2013
  • 영국 해사법상 S&P 브로커"로 널리 알려진 선박매매 브로커는 선박매매를 원하는 의뢰인인 본인을 대신하여 협상을 행사하는 독립적 계약자이다. 또한 S&P 브로커는 선박매매시 본인을 대리하는 대리인으로 그 법적지위를 갖는다. S&P 브로커들은 로이드 선급, 미국 선급 및 한국 선급 등에서 선박의 중요한 명세 자료와 정보들을 수집하여 선박매매를 원하는 매도인과 매수인에게 상호 이익이 되도록 조력한다. S&P 브로커의 책임은 선박매매계약서의 합의 내용에 반하지 않고 선량한 관리자로서 주의의무를 다하며, 의뢰인인 본인의 요청에 전문적으로 업무수행 함을 의미한다. 그러나 선박매매계약에 의하여 당사자와의 관계 범위, 주된 조건, 계약 위반 및 면책내용에 있어서 분쟁이 발생할 경우, S&P 브로커에게도 책임문제가 발생한다. 이 S&P 브로커의 책임은 직접계약당사자의 원칙에 의하거나 제3자의 권리에 관한 계약법에 근거한다. 그러므로 S&P 브로커가 의무를 불이행한 경우 또는 계약 내용에 반하거나 과실에 기인하여 불법행위가 야기된 경우, 분쟁과 소송이 발생하게 된다. 이에 이 논문에서는 S&P 브로커의 특징 중 대리인으로서의 법적 책임, 수수료 문제, 이익의 충돌과 비밀 수수료, 등에 대하여 영국 해사법과 영국 판례를 중심으로 검토하여 논함을 이 연구의 목적으로 삼고자 한다.

매수인의 물품검사 및 계약부적합성 통지의무; CISG 및 CESL과 비교된 벨기에법의 관점에서 (Buyer's Duty to Examine Goods and Notify Seller of Lack of Conformity: Belgian Law Perspective Compared with the CISG and the CESL)

  • 이병문
    • 무역학회지
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    • 제45권1호
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    • pp.83-100
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    • 2020
  • This study aimed to provide the most accurate analysis possible regarding the buyer's duty to examine goods and give notice, or the like, of non-conformity to the seller under Belgian law in comparison with the CISG and CESL. Even though Belgium is the capital of the Europe Union, most of its laws remain untranslated in English. Therefore, this study may offer key insights into the specificities of Belgian law, which while being derived from the French Napoleon Code has its own practices coded into its Case Law. It also makes a comparison with the new CESL and CISG in order to evaluate their respective influence on national law and other infructuous attempts to harmonize Belgian law for the internal European market. Evaluating the differences of each system in the spirit of comparative law may be a good basis for the development of laws in each jurisdiction.