• The Journal of the Convergence on Culture Technology
• /
• v.10 no.4
• /
• pp.331-337
• /
• 2024

The laws and regulations governing the operation of government committees in Korea provide for a system called exclusion. Exclusion is a system that excludes a member of a committee from deliberating or voting on a matter or agenda without having to go through a special procedure before deliberating or voting on the matter or agenda. This is because exclusion of a member from deliberation and voting is not only essential for the protection of the interests of the parties to the issue or matter and the peaceful resolution of disputes, but is also a very important value for the trust in the fairness of the process. However, in practice, it is not easy to determine that a member who has a reason for disqualification is naturally incapable of executing the duties of the matter or agenda just because he or she has a reason for disqualification. Prior to the overhaul of the disqualification rules for committee members in the statutes, it is necessary to eliminate the disqualification rules that are virtually dead in advance or to revise the rules that are difficult to determine without interpretation, contrary to the intention of the disqualification rules that are codified in the law. Therefore, this study analyzed the disqualification rules of nine committees in the domestic statutes (laws and enforcement regulations) and categorized the disqualification rules. We hope to contribute to the preparation of future legislative proposals to improve the rules on the exclusion of commissioner.

• Asia-Pacific Journal of Business
• /
• v.14 no.4
• /
• pp.401-412
• /
• 2023

Purpose - The purpose of this study is to analyze cases and suggest implications regarding the exclusion of the agreement tax rate according to the processing process standards of the FTA rules of origin. Design/methodology/approach - In this study, cases in which export and import companies were excluded from applying the agreed tax rate due to the application of processing operation standards after the application of the FTA were analyzed, focusing on the Tax Tribunal precedents, and a literature study was conducted. Findings - The results of this study analyzed through cases of appeal and verification of exclusion from application of the agreement are as follows. Research implications or Originality - Research on FTA cases is active, but this study is differentiated in that it focuses on analyzing cases of exclusion from application of negotiated tax rates based on meeting the processing process standards applied to fields such as textiles and chemicals in FTA.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.32
• /
• pp.29-56
• /
• 2006

This article primarily concerns the various aspects of the rules to control express terms particularly in standard form which seek to absolve either wholly or in part from the seller's liability for non-conforming goods. It describes and analyzes in detail how English law regulates such terms. In this analysis, it places the following questions; first, whether each jurisdiction treats the seller's liability for non-conformity in quality and quantity as mandatory rules, second, if it does, to what extent it is treated so and third, if not, in what way it controls the seller's attempt to exclude or restrict his liability for non-conformity in quality and quantity. In addition, it attempts to compare the rules under English law with those under Korean law and to evaluate them in light of the discipline of comparative law. In an attempt to evaluate them, it asks the question of whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. The evaluation is based upon the idea that the problems of fairness associated with the use of standard terms occur where the customer is unfairly taken by surprise due to his ignorance of the terms, or where even if he knows of the substance of the terms and objects to it, he is met with a take-it-or-leave-it situation.

• Journal of Korea Trade
• /
• v.24 no.7
• /
• pp.107-124
• /
• 2020

Purpose - We assess the trade remedies rules in a host of Korea's FTAs to explore the trade policies for the effective implementation of FTA trade remedies rules. Also we develop the strategies of the future FTA negotiations of trade remedies rules. Design/methodology - After we review the key features of FTA trade remedies rules, we examine whether the rules are WTO-consistent or not. Next, we touch upon the WTO-plus characteristics of some provisions. Our main methodology is to compare the trade remedies rules in the numerous Korea's FTAs. Another methodology is to link those rules to the relevant WTO agreements and WTO dispute cases with a view to drawing lessons for trade policies and FTA negotiations. Findings - We find that most of the trade remedies rules are WTO-consistent. Moreover, we find that notification and consultation requirment, mandatory lesser duty rule, explicit prohibition of zeroing method, and public interest clause are WTO-plus. We also find that there are limitiations in the application of some global safeguard exclusion rules because of their non-mandatory nature. Originality/value - While most of previous studies focus mainly on the unique aspects of specific FTAs, our study analyzes comprehensively the trade remedies rules in the various Korea's FTAs. Based on the comprehensive analysis, we figure out the areas to be clarified and improved for the effective implementation of FTAs and the strategies for the future FTA trade remedies negotiations. As a consequence, our paper is expected to contribute to the academic research on FTA policies as well as the national economy.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.71
• /
• pp.147-170
• /
• 2016

International maritime law conventions concerned with cargo liabilities have sought to achieve solutions which will be acceptable to a wide range of states. The Rotterdam Rules was approved by the UN Assembly on 11 December 2008. The Rotterdam Rules are intended to replace The Hague and Hamburg Rules. This paper is comparing The Rotterdam Rules with The Hague and Hamburg Rules for the carrier' liabilities and exceptions in order to find carrier' liability System, the burden of proof and exceptions in the International maritime Rules. The purpose of this paper is considering the carrier's principal recourse for defending himself inmost cargo claims. The first area analyze the transfer of carrier's fundamental Liability system in the International Rules. The second is the matter on the appointment of proof in order to establish liability or to be relieve of liability. And the third is the change of the carrier's possible exclusions from liability in the International maritime Rules. From the result of the said analysis, my paper suggests differences of the exclusions in the Rotterdam Rules comparing with the Hague and Hamburg Rules, and features of the Rotterdam Rules appling exceptions on the basis of the Hague and Hamburg Rules with regard to carrier's liability and burden of proof. The former is the inclusion of three exclusions, the deleted natural fault, and The provision making the carrier responsible for the acts of its servants or agents in the 'fire on the ship' of the Rotterdam Rules. The latter is deleting the principle of overriding obligation related to carrier's obligation of seaworthiness in the Rotterdam Rules, the burden of proof being diverted from the carrier to the carrier and the shipper in the cargo damage caused by two factors(one for which the carrier was liable and the other for which it was excusable) in the new rules.

• Journal of Internet of Things and Convergence
• /
• v.9 no.1
• /
• pp.77-87
• /
• 2023

Applying various association rule mining algorithms to the network intrusion detection task involves two critical issues: too large size of generated rule set which is hard to be utilized for IoT systems and hardness of control of false negative/positive rates. In this research, we propose an association rule mining algorithm based on the newly defined measures called coverage and exclusion. Coverage shows how frequently a pattern is discovered among the transactions of a class and exclusion does how frequently a pattern is not discovered in the transactions of the other classes. We compare our algorithm experimentally with the Apriori algorithm which is the most famous algorithm using the public dataset called KDDcup99. Compared to Apriori, the proposed algorithm reduces the resulting rule set size by up to 93.2 percent while keeping accuracy completely. The proposed algorithm also controls perfectly the false negative/positive rates of the generated rules by parameters. Therefore, network analysts can effectively apply the proposed association rule mining to the network intrusion detection task by solving two issues.

• Journal of Fisheries and Marine Sciences Education
• /
• v.29 no.1
• /
• pp.242-256
• /
• 2017

The purpose of this study was to describe and understand the characteristics of morphological, contextual as relational aggression among 4-year old children during free play periods. The ethnographic methods included participants observation of children's play interaction behaviors, field notes, video taping and analysis of transcribed date. The results are as exclusion occurred by group power taking the relational attribute, including direct language, while the other would not be revealed easily other than being in line with real relation. Also as follows; proactive relational aggression was more frequently observed in girls, and their major strategies employed against someone they disliked were ignoring them, distorting play-rules, and so on. Major strategies of reactive relational aggression in girls were largely manipulative in nature, for example, 'threatrning their friend' and 'withdrawal of friendship'.

• Journal of the Korea Academia-Industrial cooperation Society
• /
• v.4 no.3
• /
• pp.252-256
• /
• 2003

This paper deals with a case study on the development of computerized scheduling system for core products. We propose a heuristic algorithm which is based on the sequencing rules and the allocation rules to satisfy the due date for each product, and develop a scheduling system for the manufacturer of core products. The system operates under a client/server circumstance. The important information constitutes a database, and it can be retrieved whenever it is needed. The benefits of the scheduling system are the exclusion of hand operations of data, the reduction of execution time for production planning and the reduction of average inventories.

• Journal of KIISE:Software and Applications
• /
• v.29 no.10
• /
• pp.736-746
• /
• 2002

Zero anaphora occurs frequently in Korean complex sentences, and it makes the interpretation of sentences difficult. This paper proposes splitting algorithms and zero anaphora recovery rules for the purpose of handling zero anaphora, and also presents a resolution methodology. The paper covers quotations, conjunctive sentences and embedded sentences out of the complex sentences shown in the newspaper articles, with an exclusion of embedded sentences of auxiliary verb. We manage the quotations using the equivalent noun phrase deletion rule according to subject person constraint, the nominalized embedded sentences using the equivalent noun phrase deletion rule, the adnominal embedded sentences using the relative noun phrase deletion rule and the conjunctive sentences using the conjunction reduction rule in reverse. The classified table of the endings which relate to a formation of the complex sentences is used for splitting the complex sentences, and the syntactic rules, applied when being omitted, are used in reverse for recovering zero anaphora. The presented rule showed the result of 83.53% in perfect resolution and 11.52% in partial resolution.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.19
• /
• pp.7-31
• /
• 2003

The governments of almost countries have the rules and procedures that the purchasing entities have to follow, in order to ensure that the best value for money spent is obtained in procuring goods and services. However, there are often some of important problems in their rules relating to government procurement. Namely, almost countries have a variety of discriminatory regulations for foreign suppliers in the government procurement laws with the object of national security, economic welfare, and protection of domestic market from international competition. For this reason, several advanced countries had reached the Plurilateral Agreement on Government Procurement during Tokyo Round(1973-1979) and Uruguay Round(1986-1994). However, the provisions of two agreements do not apply to all products made by the government but only to those made by purchasing entities specified by each member country in its list in the Appendix. Accordingly, the size of goods and services purchased from foreign suppliers were comparatively not large. As we know well, the United States have spent a large amount of money from federal and state government budget. But the portion of procurement from foreign suppliers is still small, compared with the portion of procurement from domestic suppliers. The main reason are that U.S. has applied for long time the so-called Buy American Act to government procurement positively and maintained many kinds of other domestic regulations which have discriminatory provisions for foreign goods and foreign suppliers. On the recognition of these points, this thesis deals with the Buy American Act and other U.S. domestic laws, regional and bilateral, and plurilateral agreements including WTO Agreement on Government Procurement. As a result, the author found that there are several concerns and problems in the U.S. regulations relating to government procurement. It include the provisions on priority procurement of U.S.-produced products, local contents requirements, set-aside procurement from small business, and exclusion of preferential procurement from the developing countries.