• Title/Summary/Keyword: Exclusion Rules

Search Result 24, Processing Time 0.025 seconds

Some Problems in the Official Commentary on UCP 600 published by KCCI (대한상공회의소 발간 "UCP 600 공식 번역 및 해설서"상의 문제점과 그 보완에 관한 연구)

  • Lee, Shie-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.38
    • /
    • pp.71-96
    • /
    • 2008
  • Letters of Credit are the most common method of payment for goods in the export trade, and banking practice relating to letters of credit is standardised by the Uniform Customs and Practice for Documentary Credits, which are a set of rules issued by the International Chamber of Commerce. The current version is UCP 600, which took effect on July 1, 2007. To assist the practitioners of Documentary Credits, the KCCI(Koea Chamber of Commerce and Industry) authorised a new publication-Official Commentary on UCP 600. This new publication added the word "official" in the title. In order to being an official commentary, the terms and expression should be correct and unified. But there is some problems in official commentary and legal phraseology. The problem was appeared that ICC UCP 600's were translated into Korean UCP 600 version. For example, "Issuing Bank", "Applicant", "Port of discharge", "A date of pick-up", "Shipper's load and count", "Courier Receipt", "Charter Party", "Bill of Lading", "Cover Note", "Exclusion Clause", "Insurance Certificate", "Declaration, Underwriter". If can be used 'Official Commentary on UCP 600', the above statements should be a compliment though take a wide professional opinions or held a public hearings. The Purpose of this paper is to point out the problems and substitute the term used and unify the expression in official commentary.

  • PDF

The Construction Theary of "Sim-Eui" During Chosun Dynasty (조선시대 심의 구성이론)

  • 조효춘
    • Journal of the Korean Society of Costume
    • /
    • v.27
    • /
    • pp.27-40
    • /
    • 1996
  • 1.It was recorded at "Dong Gook Tong Gam" of King "Jang Soo" that "Sim-Eui" in Korea was first introduced from China at the reign of King, "Moon Ja"(491,A.D), Go Goo Ryo. 2."Sim-Eui" was worn as a mourning dress during the period of "Go Ryo" and as a concanical robe of Confucian, a ceremonial dress at home and for the rules of etiquettes during Cho Sun Dunasty. 3.Several theories about the construction and the using services of "Sim-Eui" are obseved and summerized. 4.Mr. Kyu-soo Park gives a definition to "Sim-Eui" as a Fortune of Heaven & Earth, the Constellation of the Cosmic Dual Forces, the Revolution of the Four Seasons, a dignified mien & the Way of a Man of Virtue and Virtue of the golden Mean. 5.I observed the concrete measurements of the each parts of "Sim-Eui" by the construction method of Kyu-Soo Park. 6.The Symbolic Meaning following the Idea of Mr. Chung, Hyun. describes well the line of thinking in our nation, and Idea of Loyalty & Filial Piety, a Man of Virtue and the Virtue of the Golden Mean. 7.As described above, I dare insist of the fact that the Construction Theory of "Sim-Eui" by Kyu-Soo Park during the letter period of Chosun Dynasty is full of our national manners and cus-toms with symbolizing meaning, construction's exquisiteness, clothes' materials and it's size most suitable to our people, to the exclusion of the defects in "Sim-Eui" of China and Japan.

  • PDF

The Ambiguity Exclusion Using Definitions as Meaning Description of Descriptors (디스크립터의 의미기술로서 정의를 통한 애매성 제거)

  • Kim, Ji-Hun
    • Journal of Information Management
    • /
    • v.36 no.3
    • /
    • pp.97-126
    • /
    • 2005
  • Until now, the meaning of terms in most of thesauri has been indirectly presented through relationships and scope notes. However, as thesaurus has been expanded quantitatively, it has become difficult to understand meaning of terms clearly using those relationships and scope notes. Though some thesauri take the form of 'thesaurus dictionary' in order to present the meaning of descriptors, the contents and forms of provided definitions are not satisfying. As standardized definitions of terms integrate into thesaurus on the basis of necessity of definitions providing meaning of terms, this study has shown a possibility for further development of thesaurus.

East Asian Journal of Business Economics and Development Strategy

  • KIM, Byoung-Goo;YOUN, Myoung-Kil
    • Journal of Research and Publication Ethics
    • /
    • v.2 no.2
    • /
    • pp.17-20
    • /
    • 2021
  • Purpose: This paper is to review and analyze development strategy of the East Asian Journal of Business Economics and to look at the previous and current changed publication system and process in order to step up the article quality of EAJBE. Research design, data and methodology: This study grasped the current status and strategy of this journal through literature review. In addition, through the case of EAJBE, the internationalization strategy and research ethics policy of this journal were analyzed. Results: EAJBE clarifies the copyright delegation procedure of the final publication paper. Regarding compliance with research ethics, Editor-in-Chief and Management Editor are completing research ethics training. From 2017 to the present, Editor-in-Chief and Management Editor have completed online ethics training and hold certificates of completion. Conclusions: EAJBE specifies the rules for exclusion of examination by the contributor and the examiner belonging to the same institution and actually operates in this way. Currently, by using the Jams system, the plagiarism verification procedure is operated using the thesis plagiarism prevention system. Finally, in order to strengthen research ethics standards, EAJBE is trying to establish and strengthen a verification system for each paper using the system of the Korea Research Foundation, not the previous foreign paid plagiarism system.

A Study on the Inclusion of Standard Terms under the CISG (CISG상 약관의 계약편입에 관한 연구)

  • Lee, Byung-Mun;Ko, Sang-Hoon
    • Korea Trade Review
    • /
    • v.42 no.1
    • /
    • pp.257-281
    • /
    • 2017
  • It becomes a common feature of business practices in International Trade to use a standard terms for the formation of their contracts. However, because of differences in legal systems, business practices and so on in their own countries, there have been many conflicts and disputes happening between parties concerned in International Trade. The CISG, which has long been used as the governing law in many cases of International Trade, could not be free from those conflicting issues in its usage and application. This study analyzes the "Black Letter Rules" which was adopted by CISG Advisory Council in 2013 to provide an effective way of resolving the conflicting issues regarding the inclusion of standard terms in International Trade Contracts under the CISG. This study scrutinizes, the relevant rules and requirements for the inclusion of standard terms into a contract. It also deals with the offeror's duty of making clear reference to the standard terms, transmitting the contents of standard terms to the other party. As the other rules for the inclusion of standard terms, this study reviews the principle of denying the inclusion of standard terms after the formation of contracts, exclusion of surprising or unusual terms, preference of individually negotiated terms to the standard terms, contra preferentum rule and preference of the "knock-out rule" to "last-shot rule" in resolving the issue of so called, "Battle of Forms." Lastly, on the basis of analyzed opinion, this study suggests the practical implications for the people working at International Trade-related business sector to facilitate International Trade.

  • PDF

Examining Children's Peer - relationship Strategies of Free Play in a Child-care Center (어린이집의 자유놀이에서 놀이 틀 유지와 변화를 위한 유아의 또래관계 전략들)

  • Jeon, Ga Il;Yi, Soon Hyung
    • Korean Journal of Childcare and Education
    • /
    • v.9 no.5
    • /
    • pp.407-436
    • /
    • 2013
  • This study, based on understanding the play features of the participants, explores early children's peer-relation strategies of maintaining and altering play frame and understanding the meaning of the strategies. Free play of 5-year-old children's was observed. The child-care center was visited 1 or 2 days a week, from March to October, 2012. The data collected were based from field notes, interviews with participants, their workbooks and more. The participants used strategies such as 'refusing', 'incapacitating', 'interpreting in a way to sympathize', and 'changing the rules of play' to maintain the play, whilst 'tell-on', 'being on the same side', 'accepting 3rd party' features were used to alter play frame. Participants using these various play-frame strategies experienced life implications of 'dialectic of exclusion and selection' and 'quiver of boundary'. This study, specifying efforts of the children to maintain and alter the play frame, will provide an understanding of perception of "social exclusion" to children, which has been viewed negatively in the past. It will also benefit on-site teachers in helping them understand peer-relationship within children and provide a more in-depth intervention for peer-relationship issues.

The Ways to Develop the Arbitration Industry in Korea (한국 중재산업 발전 방안)

  • Yoon, Jin-Ki
    • Journal of Arbitration Studies
    • /
    • v.28 no.4
    • /
    • pp.3-42
    • /
    • 2018
  • This paper aims to explore ways to develop the arbitration industry in Korea. The prospects for the promotion of the arbitration industry in Korea are never dim. International arbitration competitiveness is somewhat lower than its competitors at present, but the international economic base to support it is solid, and the domestic arbitration environment seems to be sufficient to support the development possibility of arbitration. Since geographical and economic factors have already been defined, Korea must at least improve the arbitration act with passion and vision for the best one. The arbitration act that is the most accessible to arbitration consumers is the best arbitration act. The important thing is to have an arbitration act that makes people want to use more than litigation or other dispute resolution procedures. There is no hope of remaining as a "second mover" in the field of arbitration law. One should have a will and ambition to become a "first mover" even if it is risky. Considering the situation of the current arbitration law, it is necessary to start an arbitration appeal system in order to become a consumer-friendly arbitration law, and it is necessary to examine ways of integrating the grant of execution clause and enforcement application procedures. The abolition of the condition of Article 35 of the Arbitration Act, which rules the validity of the arbitration award, will help promote international arbitration. Exclusion agreements of setting aside against arbitration awards must also be fully recognized. It is also important to publish a widely cited international arbitration journal. In order to respond to the fourth industrial revolution era, it is necessary to support the establishment of a dispute resolution system that utilizes IT technology. In order to actively engage the arbitrators in the market, it is necessary to abolish the regulations that exist in the Attorneys-at-Law Act. There is also a need to allocate more budget to educate arbitration consumers and to establish arbitration training centers to strengthen domestic arbitration education. It is also necessary to evaluate and verify the Arbitration Promotion Act so that it can achieve results. In the international arbitration market, competition is fierce and competitors are already taking the initiative, so in order not to miss the timing, Korea needs to activate international arbitration first. In order to activate international arbitration, the arbitration body needs to be managed with the same mobility and strategy as the agency in the marketplace. In Korea, unlike in Singapore and Hong Kong, it is necessary to recognize that the size of the domestic arbitration market is very likely to increase sharply due to the economic size of the country and the large market potential it can bring from litigation. In order to promote the arbitration industry, what is most important is to make arbitration activities in accordance with the principles of the market and to establish an institutional basis to enable competition. It is urgently required to change the perception of the relevant government departments and arbitration officials.

Mobbing Value Algorithm for Improvement Victims Management - based on Social Network in Military - (집단 따돌림 희생자 관리 개선을 위한 모빙 지수 알고리즘 - 소셜 네트워크 기반 군 조직을 중심으로 -)

  • Kim, Guk-Jin;Park, Gun-Woo;Lee, Sang-Hoon
    • Journal of the Korea Society of Computer and Information
    • /
    • v.14 no.11
    • /
    • pp.1-12
    • /
    • 2009
  • Mobbing is going the rounds through a society rapidly and Military is not exception. Because mobbing of military is expressed not only psychology exclusion that is mobbing pattern of adult society but also sometimes psychologic and physical mobbing, is possible to join serious military discipline like a suicide and outrageous behavior. Specially military try to protect occurrence of victims that is public service through various rules and management plan but victims is going on happen. It means importance of grasp not only current mobbing victims but also potential mobbing victims better than preparation of various rules and management plans. Therefore this paper extracts seven factors and fifty attributes that are related to this matter mobbing. Next, by using Gunwoo's Social Network Service that is made for oneself and expressing extracting factors as '1' if they are related me or not '0'. And apply similarity function(Dice's coefficient) to attributes summation included in factors to calculate similarity between the users. Third, calculate optimizing weight choosing factors included attributes by applying neural network algorithm of SPSS Clementine and propose Mobbing Value(MV) Algorithm through this total summation. Finally through this algorithm which will contribute to efficient personnel management, we can grasp mobbing victims and tentative mobbing victims.

A study on Uniform Electronic Transactions Act (미국 통일전자거래법(UETA)에 관한 고찰)

  • Han, Byoung-Wan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.16
    • /
    • pp.331-359
    • /
    • 2001
  • Uniform Electronic Transactions Act (1999) Drafted by the National Conference of Commissioners on Uniform State Laws. The Act allows the use of electronic records and electronic signatures in any transaction, except transactions subject to the Uniform Commercial Code. The fundamental purpose of this act is to remove perceived barriers to electronic commerce. The Act's a procedural statute. It does not mandate either electronic signatures or records, but provides a means to effectuate transactions when they are used. The primary objective is to establish the legal equivalence of electronic records and signatures with paper writings and manually-signed signatures. With regard to the general scope of the Act, the Act's coverage is inherently limited by the definition of "transaction." The Act does not apply to all writings and signatures, but only to electronic records and signatures relating to a transaction, defined as those interactions between people relating to business, commercial and governmental affairs. The exclusion of specific Articles of the Uniform Commercial Code reflects the recognition that, particularly in the case of Articles 5, 8 and revised Article 9, electronic transactions were addressed in the specific contexts of those revision processes. In the context of Articles 2 and 2A the UETA provides the vehicle for assuring that such transactions may be accomplished and effected via an electronic medium. At such time as Articles 2 and 2A are revised the extent of coverage in those Articles(Acts) may make application of this Act as a gap-filling law desirable. Similar considerations apply to the recently promulgated Uniform Computer Information Transactions Act (UCITA). Another fundamental premise of the Act is that it be minimalist and procedural. The general efficacy of existing law, in an electronic context, so long as biases and barriers to the medium are removed, confirms this approach. The Act defers to existing substantive law. Specific areas of deference to other law in this Act include: i) the meaning and effect of "sign" under existing law, ii) the method and manner of displaying, transmitting and formatting information in section 8, iii) rules of attribution in section 9, and iv) the law of mistake in section 10.

  • PDF

The Buyer's Remedies for Lack of Conformity under the PELS

  • Lee, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.40
    • /
    • pp.3-30
    • /
    • 2008
  • This article attempts to describe and analyze the rules on the buyer's remedies for lack of conformity under PELS. It shows that such remedies under the PELS operate in a two-tier remedial scheme which is alien to both domestic and international legal systems. That is, repair and replacement take the position of primary remedy, whereas termination, price reduction and damages are secondary remedies which are available only where the primary remedies cannot be invoked. Notwithstanding its superiority, the PELS have some drawbacks in several aspects. First, the PELS seems to place its focus on the factor of cost except the other factors, for instance, the significance of the lack of conformity, when one decides whether the first tier remedies cause the seller unreasonable effort or expense. It is argued that the factors can be considered by referring to art. 1:302 PECL. Second, the PELS does not expressively provide any exclusion of the seller's right to choose between repair or replacement on the basis of unreasonable uncertainty in reimbursing the expenses advanced by the buyer. It argues that if there is such uncertainty, it should be regarded as causing the buyer an unreasonable inconvenience under art. 4:204(1). Third, the PELS does not seem to properly reflect the consumer's interests in that most consumers prefer to have the absolute right of termination as against the commercial sellers who have a relatively stronger bargaining position. The reasons for that is that there is a big hurdle, i.e., a hierarchy of remedies, to be overcome by the consumer to battle with the commercial seller, and that unavoidable vagueness in defining a minor lack of conformity has been often used against the consumer, but in favour of the commercial seller with a strong bargaining position.

  • PDF