• 무역학회지
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• 제44권2호
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• pp.189-202
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• 2019

The Harmonized System comprises about 5,000 commodity groups; each identified by a six digit code, arranged in a legal and logical structure and is supported by well-defined rules to achieve uniform classification. This study reviews the appropriateness of Korea Customs Service and Tax Tribunal's customs classification decisions concerning the interpretation and application of the Harmonized System for certain ITA goods. Korea Customs Service had classified arbitrary and had not applied in dubio pro reo principle. This paper finds that 57% of Korea Customs Service's classification decisions have erred. Korea government need to take measures to secure uniform interpretation of the HS and its periodic updating in light of developments in technology and changes in trade patterns. This paper suggest to amend customs law and regulation concerning classification committee.

• 한국콘텐츠학회논문지
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• 제21권3호
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• pp.626-633
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• 2021

주택도시보증공사는 주택분양보증 사고발생시 환급이행을 신청할 경우 분양계약자에게 특별한 사정이 없는 한 입주금을 환급하여 보증 책임을 부담한다. 주택도시보증공사는 환급이행을 약관규제법에 근거하여 거절할 수 있으나 이와 관련하여 이해 당사자 간에 분쟁이 지속적으로 발생되고 있다. 이에 환급이행에 따른 법적쟁점에 대한 문제점과 개선방안을 연구하는 것을 목적으로 한다. 첫째, 약관규제법상 보증효력 및 보증범위의 문제 둘째, 주택도시보증공사의 조건부 제3자를 위한 보증계약의 문제 셋째, 대법원의 기존 판례의 태도의 문제점을 대상으로 검토하였다. 이런 법적 쟁점들을 검토한 결과 환급이행에 따른 약관해석은 신의 성실의 원칙에 따라 해석되어지고 있으나 개별 사안에 따라 판례들이 긍정과 부정 판결로 갈라질 수 있음을 확인하였다. 또한 주택분양보증은 조건부 제3자를 위한 보증계약임에도 불구하고, 이해 당사자와 같은 적극적 다툼으로 수분양자가 선의의 피해를 보는 것을 확인하였다. 이에 주택도시보증공사가 고객의 주거안정을 위한 설립취지에 맞도록 역할과 협력사항의 개선방안을 제안하였다.

• Journal of Korea Trade
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• 제24권6호
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• pp.19-36
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• 2020

Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.

• 한국콘텐츠학회논문지
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• 제22권4호
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• pp.579-591
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• 2022

오늘날의 제4차 산업혁명은 이제 거부하거나 무시하지 못할 거대한 흐름을 보이고 있다. 역사적으로 산업혁명은 항상 도시의 기능과 형태에도 많은 영향을 끼쳐왔기 때문에 현대 기독교가 도시적 환경에서 바른 문화적 관점을 정립하고 공공의 영역에서 사회적으로 이바지할 방법들을 모색하는 것은 매우 필요하다. 따라서 본 연구는 다음의 세 가지 질문을 토대로 새로운 도시공간과 구조 안에서 기독교의 바른 역할을 찾아보는 것을 목적으로 했다. 첫째, 새로운 시대의 지속 가능한 '좋은' 도시란 무엇인가? 그 '좋은' 도시의 원칙과 조건은 무엇인가? 둘째, 도시와 기독교는 어떠한 관계가 있는가? 셋째, 도시 안의 기독교는 상생과 공동체성을 위하여 어떠한 역할을 해야 할 것인가? 세 번째 질문에 대해 본 연구는 다음과 같은 적용점들을 제시했다. 첫째, 기독교 시민 교양의 회복과 실천이 필요하다. 둘째, 시장 경제에 있어서도 기독교가 앞장서서 도덕성 회복을 위한 노력해야 한다. 셋째, 돌봄과 자선의 차원을 뛰어넘은 기독교 가치의 구현이 필요하다. 넷째, 인간성과 신의를 회복하는 시민사회로서의 역할과 협력이 필요하다.

• 무역상무연구
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• 제73권
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• pp.1-20
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• 2017

There are many safeguards and measures available regulating the protection of a trademark and its registered holder, however, the protection of a licensee in a trademark license agreement is also important for protection of a intellectual property. Therefore, there are several measures in place for the protection of licensees' interests in Chinese trademark law. Article 43(3) of the Chinese Trademark Law rules a licensor who licenses others to use his registered trademark shall submit the trademark licensing to the trademark office for file, and the trademark office shall announce the trademark licensing to public. Without filing, the trademark licensing shall not be used against a bona fide third party. It means a licensee can not use an unrecorded license with the relevant trademark authority against third parties - essentially, this means that a licensee should insist on having their trademark license agreements recorded against the relevant trademark authority, so that a licensee's interests are protected as against the assignees, licensees and other types of third parties. Otherwise a third party in good faith can use the registered trademark legally against a licensee even though a trademark license agreement between a licensor and licensee is still valid.

• 한국식생활문화학회지
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• 제28권3호
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• pp.261-271
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• 2013

The purpose of this study was the development of traditional food recipes from local food contents related to the historical and cultural heritage in the representative long-lived area Damyang. The information on digging 'story' was collected through the region's representative local native journal, searching for related websites, analyzing old literatures, and interviewing traditional household; 'telling', the part of conveyance, was organized by reviewing the literatures, including historical condition, regional food materials, cuisine, region symbolism, etc. After nutritional analysis, the prepared, balanced, and healthy Korean food dishes using the traditional food contents were displayed. In Damyang, the story was extracted from Heuichoon Ryu (柳希春, 1543-1577) - figura of Damyang - and his collection, 'Miam's diary', and described about native food. The traditional history of many foods that were used mainly as rewarding during one's trouble, showing good faith, and delivering gratitude is recorded in Miam diary. A little effort has been made to express the classical scholar's clean and neat dining table which was the mixed Damyang's clean image and nobleman's straight integrity in the middle of the Choson Dynasty. Nutrition fact of 'Miam's table' was based on the Daily Reference Values of Koreans aged 65 or older.

• 무역상무연구
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• 제69권
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• pp.63-84
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• 2016

Article 77 of CISG requires an aggrieved party, the promisee, claiming damages to take reasonable measures to mitigate losses. The reasonable measures required hereunder are limited to those that can be expected under the circumstances having regard to the principle of good faith. When taking such measures, the aggrieved party must do so within a reasonable time under the circumstances. The expenses incurred in taking such measures are recoverable from the promisor. If the aggrieved party fails to do so, the damages recoverable from the promisor are reduced in the amount the loss that should have been mitigated. The aggrieved party's duty to mitigate damages applies to claim for damages only. That is, the violation of this duty should not be invoked against other remedies available under CISG, such as the right to claim specific performance, the right to claim for the price or the right of reduction of price. In practice, under the provision of article 77, the aggrieved party, the seller or the buyer, is often required to enter into a substitute transaction as a measure to mitigate losses and many cases involving a substitute transaction are internationally reported. Therefore this paper intends to provide a certain understanding of the aggrieved party's duty to take measures to mitigate losses based on such cases reported.

• 가정간호학회지
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• 제22권2호
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• pp.216-227
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• 2015

Purpose: This study aimed at understanding terminal care provided in nursing homes. Method: An interview survey with staff in charge of terminal care was conducted in 97 nursing homes using questionnaires. The questionnaire was reviewed by 3 experts and pretested at 5 facilities. Data were analyzed using descriptive statistics, chi-square test, and Fisher's exact test. Result: Dyspnea was the most prevalent symptom predicting death. The most prevalent services were vital sign check for physical care, providing services by talking despite an unconscious state for psychosocial care, and respecting the faith of the elder for spiritual care. Employment of a registered nurse showed a significant difference in tube feeding (p=.035), analgesic administration (p=.022), informing the elder of end-of-life state (p=.020), helping an elderly person say good-byes through a visit with friends and acquaintances (p=.023), and helping express feelings related to death (p=.002). Lack of service was noticed for elderly resident, family, and staff after death of an elder. Problems related to terminal care were indifference of family members, difficulty in obtaining medical prescription, difficulty in predicting death, and so forth. Conclusion: Terminal care must be improved by making specific guidelines and it must become a part of nursing home evaluation.

• 품질경영학회지
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• 제38권4호
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• pp.561-579
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• 2010

This study is to devide seven subject organs in the metropolitan area by the Malcolm Baldrige's basis which is global standard of management quality to grip the each activities of management quality, to conduct a survey of the management quality of each organ or persons in charge of similar works. Generally, those surveyed show to recognize on the management quality and to apply to real work. Those surveyed show to be able to improve positively quality and service level in case of appling to work of management quality, and to be positive reaction on the contribution about management performance. This study indicates the predominant view which the researcher have to establish the its vision clearly and to promote in a lump success factors of management quality, and the chief executive have to take a firm faith for it. This study also suggest that recognizing positively about its vision and strategy about present condition of management quality activities is one of the implements which not only judge but also establish a good system of an organization. And there has a significant difference between Public and Private Organizations that those evaluate management quality conducts better management performance. However management quality activities shows to mostly agree to be influencing positively to management performance.

• 품질경영학회지
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• 제34권4호
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• pp.1-12
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• 2006

The 'KS-QEI' is the quality evaluation model developed both by Korean Standard Association(KSA) and this research team, reflecting the characteristic of KS products' quality and the customers' demand factors. KS-QEI is a general index measuring and announcing KS products' quality excellency through the evaluation of its real user including customers and specialists. This index aimed to evaluate and announce the quality level of KS product annually which was the motivation of products' quality improvement to enterprises and guaranteed the products' reliability to customers. Ultimately, by competing in good faith among domestic enterprises and preparing foundation of continuous research and investment inducement, it was expected to improve the Korean industry's competitive power. This study was intended to develop improved KS-QEI by analysing 2006 research result, to which it had applied ameliorated and enlarged index in 2005. Especially, it established the weight by Analytic Hierarchy Process(AHP), which led to estimate weight mathematically by comparing and evaluating the importance and difficulty by its index. And this paper analyzed the research result by using multi-variate statistical methods.