• Title/Summary/Keyword: Exemptions

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Perception Survey of Firefighters on Application of Emergency Vehicle Exemption during Return to Station Accidents (긴급자동차 복귀 중 교통사고 특례에 대한 소방공무원의 인식조사)

  • Young-Jin, Reem;Deok-Jin Jang;Ha-Sung Kong
    • Journal of the Korea Safety Management & Science
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    • v.25 no.2
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    • pp.139-151
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    • 2023
  • This study aims to understand the current status of exemptions for traffic accidents during the return of emergency vehicles and to provide suggestions for improvement. A survey was conducted on 3,500 firefighters to investigate the perception of traffic accidents during the return of emergency vehicles, and responses from 505 participants were analyzed. Based On the demographic characteristics and perception of the participants, frequency analysis and variance analysis were used as research methods to analyze basic statistics and the current situation. The results showed that firefighters have concerns and anxieties about traffic accidents during the return of emergency vehicles, and the need for applying exemptions and enacting explicit legal provisions was statistically confirmed. Based on these results, we suggest a policy for exemptions to improve the preparation for re-deployment and to alleviate the concerns and anxieties of firefighters.

Relationship between the Changes in Policy Tools of the Central Government and the Local Fiscal Structure: Focused on the Changes in the Transaction Taxes

  • Lee, Miae;Seo, Inseok
    • Journal of Contemporary Eastern Asia
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    • v.16 no.1
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    • pp.93-113
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    • 2017
  • This study aimed to determine the changes in the local fiscal structure brought about by the change in the transaction tax, including the acquisition tax, by the central government. The review of the analysis results proved the following. First, the government's transaction tax exemption policy effectively influenced the expansion of the local fiscal budget. Transaction tax exemptions such as acquisition tax exemptions would not contribute to the expansion of the local fiscal budget in the short run, but may do so in the long run. Second, the review of the effect of the transaction tax exemption policy by the central government on the local fiscal structure confirmed that its impact on the local fiscal structure may vary depending on the timing of such tax exemption. Third, the overall local fiscal structure as a result of the transaction tax exemption by the central government was confirmed to have been influenced more by the fiscal capability of the local government than by the income level of the local residents. In conclusion, the stimulation of real estate transactions using tax tools may positively influence the overall fiscal structure of local governments, but it would also put pressure on the fiscal management of local governments because it is largely influenced by the fiscal capability of the local governments.

Breach of international sales contract and Exemption possibility due to customs clearance impediment (통관차질(通關蹉跌)로 인한 무역계약(貿易契約) 위반(違反)과 면책(免責)의 가능성(可能性))

  • Chung, Jae-Wan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.20
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    • pp.241-265
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    • 2003
  • The purpose of this paper is to examine the customs clearance impediment and trade parties breaches of international sales contract by the impediment. Customs clearance impediment arises when (a)clearance is not permitted, (b) importation goods are confiscated, (c)clearance delay without expectation, and (d) additional excessive trade cost caused in the process of clearance. This kind of clearance impediment may cause the breach of international sales contract. And it depends on its contents of contract and causal sequence i.e. cause and effect respectively in determining who is liable for it. If one party exemptions by Article 79 CISG, next three elements must be proved. (a)The failure was due to an impediment beyond his control; (b)the impediment was reasonably unforeseeable at the time of the conclusion of the contract, and (c)the impediment was reasonably impossible to overcome. But the customs clearance impediment is not easy to prove these three elements, the party who is responsible the customs clearance may not be exemptions by Article 79 CISG. And, according to review, it is concluded that the buyer, rather than seller, is liable for the damage which is caused in the process of clearance. It is also confirmed that the seller is sometimes liable for depending on clauses of contracts i.e. quality conditions.

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Issues of MFN Exemptions on Telecommunications Service (통신서비스에 관련된 최혜국대우면제 이슈와 해결과제)

  • Kang, S.W.
    • Electronics and Telecommunications Trends
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    • v.15 no.6 s.66
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    • pp.170-177
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    • 2000
  • GATS의 MFN 원칙은 다자간 협정의 기본초석으로서 협정전체에 적용되기 때문에 양허표에 기재되지 않은 분야라 하더라도 한 국가에게 부여한 대우는 그보다 불리하지 않게 즉시 그리고 무조건적으로 모든 다른 회원국에게 부여해야 한다는 원칙을 가지고 있다. 그러나 이러한 원칙을 모든 나라에게 일률적으로 적용하는 데 현실적으로 어려움이 있다. 따라서 각국별로 MFN 적용이 곤란한 사항에 대하여는 그 내용과 사유, MFN 적용면제기간 등을 기재한 목록을 제출하여 MFN 면제를 인정받게 되었다. 그러나 이러한 GATS MFN 면제규정은 일반적 의무로서 MFN 원칙의 가치를 상당히 침해하였고, 현재 많은 국가가 MFN 면제신청을 하므로써 GATS가 처음 의도한 MFN과 상당한 괴리를 보이게 되었다. 따라서 본 고에서는 GATS의 MFN에 관하여 살펴보고, MFN 면제의 문제점 및 정책적 시사점을 모색해 보았다.

ISO 26262 and ISO/PAS 21448 as Exemption Clauses of Product Liability (제조물 책임 면책 수단으로서의 ISO 26262와 ISO/PAS 21448)

  • Lee, Seongsoo
    • Journal of IKEEE
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    • v.23 no.1
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    • pp.346-349
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    • 2019
  • Product liability is an important regulation factor in automotive industry. ISO 26262 international standard was established as an exemption clause of product liability. In autonomous car, product liability becomes more important, and ISO/PAS international standard was additionally established, but it can be applied to only sensing stage, which can partly make the autonomous car companies exempt the product liability but not completely. Therefore, reform of current legal system is absolutely necessary to commercialize autonomous car until a new international standard is established as a complete exemptions clause.

Characteristics of environmental condition and planktonic organisms in ship's ballast water originating from international ports of Japan (우리나라 주요 국제항에 입항하는 일본 기원 선박의 평형수내 환경 및 부유생물 특성)

  • Jang, Pung-Guk;Baek, Seung Ho;Jang, Min-Chl;Hyun, Bong-Gil;Shin, Kyoungsoon
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.17 no.9
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    • pp.245-252
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    • 2016
  • This study investigated the environmental conditions and planktonic organisms in the ballast waters (BW) of 22 vessels originating from the international ports of Japan for the purpose of negotiating exemptions from the Ballast Water Management Convention (BWM Convention). The shortest duration of the BW was $3.33{\pm}1.87days$ in area "A", which included Kyushu and Suo Nada at Seto Inland. The total suspended solids, dissolved organic carbon, and particulate organic carbon ranged from 4.60 to 60.9 mg L-1, from 0.97 to 2.69 mg L-1, and from 0.24 to 4.51 mg L-1, respectively. A low average concentration of nutrients was measured in the BW from area "A", but that in the BW from area "C" (around central Honshu) was high, which may be related to the ballasting periods. High chlorophyll-a concentrations (>$1{\mu}g\;L-1$) were measured in four vessels, three of which carried the BW in area "A". High abundances of phytoplankton (> 50,000 cells L-1) were measured in four vessels, three of which carried the BW in area "A". The two vessels originating from Tokyuyama Bay in area "A" showed high densities of dinoflagellates, which are known to be harmful algae. Our results suggest that the negotiations for an exemption from the BWM Convention for Japan should proceed with caution.

Study on Comparison of Global Biofuels Mandates Policy in Transport Sector (해외 주요국 수송용 바이오연료의 혼합의무 정책비교 분석 연구)

  • Kim, Jae-Kon;Yim, Eui-Soon;Jung, Choong-Sub
    • New & Renewable Energy
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    • v.7 no.4
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    • pp.18-29
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    • 2011
  • Biofuls are considered as an option to reduce greenhouse gases emission, increase energy supply diversity and security of supply, as well as an opportunity for job creation and rural development. First of all, biofuls technologies have been promoted as a means for reducing the carbon intensity of the transport sector. Hence, in the last decade biofuels production has been driven by governmental policies. The key instruments widely adopted to foster production and increase consumption have been mandatory blending targets, tax exemptions and sibsidies. As one of the most powerful instruments, biofuel mandates require fuel producers to produce a pre-defined amount (or share) of biofuels and blend them with petroleum fuel. National biofuels mandates are in place 35 countries and partially in place in 6 countries. In this study, we reviewed status of global biofuels policies to reduce greenhouse gases in the European Union, United States and other countires worldwide. Especially, we discussed representative biofuels mandates policies same as Renewable Fuel Standard (RFS, US), Renewable Transport Fules Obligation (RTFO, UK) in transport sector.

A Comparative Study on bank's responsibilities in the Electronic Payment System -comparison between Korea and U.S.A- (국제 전자결제시스템에서 금융기관의 책임 및 정책적 시사점 -한국과 미국의 전자금융제도 비교-)

  • Lee, Byeong-Ryul
    • International Commerce and Information Review
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    • v.12 no.1
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    • pp.35-54
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    • 2010
  • This article explored the bank's responsibilities in electronic payment system between Korea and U.S.A. In order to complete my research object, I used Article 4A of the U.C.C. and EFTA of 1978 and by Electronic Financial Transaction Act of Korea as a analytic instruments. I also adapted America's various regulations to regulate concerned parties(banks). The system of this article is going to display as fellows; First, I presented recent trend and legal stabilities of electronic payment in this article. Second, I focuses on the allocation of risk of loss caused by ambiguous term in payment orders that do not express the subjective intention of the senders. I also did analyze the solution procession of error occurring in course of send of payment order. Third, In any action which involves a customers's liability for an unauthorized electronic fund transfer, the burden of proof is upon the financial institution to show that the electronic fund transfer was authorized. Forth, Customers have to report the error and unauthorized electronic fund transfer after awaring of it. Then bank will be liable for such a unauthorized electronic fund transfer. But If customer's failure to report, the bank has exemptions. Lastly, In order to prevent or detect the unauthorized electronic fund transfer, bank will agree with custom to establish a commercially reasonable security procedure, while bank has duties to notify in order to decrease the loss resulted from unauthorized payment order in korea law.

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LCOE Assessment of Major Power Generation Technologies Reflecting Social Costs (사회적 비용을 고려한 국내 주요 발전기술의 균등화발전비용 산정)

  • Cho, Young-Tak;Seok, Kwanghoon;Park, Jong-Bae
    • The Transactions of The Korean Institute of Electrical Engineers
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    • v.67 no.2
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    • pp.179-185
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    • 2018
  • A considerable cost gap between three major power generation technologies, namely nuclear, coal, and combined cycle gas turbine (CCGT), has been a well-established fact in the Korean electricity market. Alternatively, this paper analyzes the levelized costs of electricity (LCOE) of the three technologies reflecting overall social costs of electricity generation including accident risk, $CO_2$ emission, and air pollution damage. The paper unveils to what extent current discriminative subsidies on fuels regarding the social costs, mostly through tax exemptions, affect economic competitiveness of the technologies. In particular, it finds relative positions of coal and CCGT could be altered depending on appreciation level of the social costs. It has limits in analyzing fixed costs of the technologies, however, due to limited data availability of nuclear power, and suggests further studies on the issue.

A Study on Matters to be Attended when Drafting National Treatment Clause in International Investment Treaty (투자협정상 "내국민대우(National Treatment)" 조항 작성시 유의사항에 관한 연구)

  • Oh, Won-Suk;Seo, Kyung;Li, Jing-Hua
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.49
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    • pp.519-544
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    • 2011
  • Clauses on national treatment in the bilateral investment treaties including FTA state that, the foreign investor and his investments are 'accorded treatment no less favourable than that which the host state accords to its own investors'. Hence the purpose of the clause is to oblige a host state to make no negative differentiation between foreign and national investors when enacting and applying its rules and regulations and thus to promote the position of the foreign investor to the level accorded to nationals. As a matter of legal drafting technique, while the basic clause is generally the same, the practical implications differ due to more or less wide-ranging exemptions of certain business sectors. It is generally agreed that the application of the clause is fact-specific. This paper deals with problems in drafting clauses on national treatment in practice, introduces several considerations to adjust the level of national treatment, so it can be made more represents the interest of our country.

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