• Title/Summary/Keyword: Governing law

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The Security Service History focused on 1930s in Korea (1930년대에 전개된 경호 활동 고찰)

  • Kim, Eun-Jung
    • Korean Security Journal
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    • no.19
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    • pp.23-41
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    • 2009
  • The purpose of this study is to investigate about security service history on 1930s in Korea. This study used materials by historical facts for the regulations, books and newspapers in 1930s. In 1930s, security service was unknown details of the historical contents so far. There are four parts conclusion of this study: police department of provisional government, security service agency in the provisional government, security service agents of an independence movement, the general society of Korea. Firstly, Korean regional government in Manchuria, which Kokminbu(國民府) organized the security service agency(警護局) for protect government and public security. Most importantly, the security service agency appearanced an important place which were the independence movement and self-governing administration for Koreans in Manchuria. And the security service agency was required by the security service regulations(警護條例) as law. Secondly, diversity activities of security service in police were exposed the duty as 'car escort service(車輛警護)' for offenders, the 'township office guard' from mobsters, 'woodland protect service(林野警護團)' for fire-raisers. security service as police officer were widely application for protection and safety from danger. Thirdly, Mass society was needed to service for public security in daily events such as 'noted singer meeting', 'funeral procession to the graveyard', 'athletic meeting' as private establishment of security service agency in nowadays. people were wanted the private security service(私警護) from 1930s to present. Fourthly, Overseas security service mentioned in attack of politician, protect from poison and security service about train vessel fleet. In 1930s, security service is comprehensive protection which were not only bodyguard, but also safeguard for hazardous materials.

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Research for Network on Medical Association and International Medical Tourism - Based on Centum Medical Partners - (의료협력과 국제 의료관광 네트워크에 관한 연구 - 센텀 메디컬 파트너스를 중심으로 -)

  • Park, Ki-Soo;Bae, Jong-Cheol;Choi, Bong-Joon
    • Journal of Korean Clinical Health Science
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    • v.2 no.1
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    • pp.59-71
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    • 2014
  • Purpose. Medical tourism is recently becoming a new industry with great growth potential. The South Korean government is shifting medical tourism from simple cultural tourism to a high value-added industry with a new paradigm. Methods. The government has been providing positive support and marketing policies since the introduction of the article concerning foreign patient attraction to the medical law in 2009, and various types of medical institutions around the country has participated actively in medical tourism by themselves or in cooperation of government bodies and made increasingly greater performance. Results. This study obtained the following results. The medical institutions in Korea have been making efforts to see more development and profitability in diverse ways, including medical tourism for foreign patients and the advance of the Korean medical institutions into foreign markets. However, many local governing bodies and medical institutions participating in medical tourism around the country have primarily focused on examination and treatment on the basis of foreign patients' visit to South Korea and rarely built a medical network with other countries directly for medical tourism. This study presents a case of building a local medical network and a network for international medical tourism successfully on the basis of the local medical association, CMP, which has been formed naturally in Busan. The success factors for CMP included 1) enthusiasm of the official in charge; 2) the medical level, the service level, and open-mindedness of participant medical institutions; 3) cost efficiency due to executive office management with no costs, no conflicts, and constant partnership; 4) security of non-competitive expertise for participants; 5) local factors of CMP; 6) participation of good agencies; 7) reinforcement of participation networks; and 8) post facto management and local doctor management. Conclusions. Its positive effects included patient introduction and greater profitability on an internal basis as well as construction of the collaboration system with the institutions related to medical tourism and confidence. However, there are some limitations: it is still difficult to predict performance due to the short period of their activities, and it is necessary to continue to observe their constant activities since a single medical association was involved.

Status of Infection Control in Jeju-area General Hospitals (제주특별자치도 종합병원의 감염관리 현황)

  • Chong, Moo Sang;Lee, Kyutaeg
    • Korean Journal of Clinical Laboratory Science
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    • v.48 no.2
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    • pp.130-136
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    • 2016
  • The aim of this study was to examine and analyze the infection management status of Jeju-area general hospitals, and in order to convey the importance of infection management, and to determine role plans of medical technologists as infection management staff, the infection management status was examined through surveys targeting 7 general hospitals located in Jeju Special Self-Governing Province. The infection management of Jeju-area medical institutions showed excellence in that all institutions operated an infection management room, there was dedicated manpower, and hospital infection management guidelines were established and executed. However most institutions were operating their infection management room with only 1 nurse, reporting many difficulties in securing dedicated manpower, microbe-related culture deciphering, frequency of multiple-resistance bacteria, infection statistics, and details on microbe testing. Accordingly, it is believed that the medical technologist who can perform the practical tasks of infection management has sufficient qualification and experience in infection management as per the medical law enforcement regulations, and in operation of an infection management room. If medical technologists (infection control microbiological technologist) with expert knowledge on microbes and infection control nurses can execute the tasks as dedicated personnel, the operation of the infection management room will be more advanced. In addition, for proper infection management in the future, the introduction of a medical system specialized in infection management and full support for infection management of vulnerable small/medium hospitals in addition to general hospitals across the country is considered important.

A Study on the Construction of the Multiple Fishery Cooperation System Between Korea, China and Japan (한.중.일 다자간 어업협력체 구성방안 연구)

  • Shim, Ho-Jin
    • The Journal of Fisheries Business Administration
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    • v.39 no.2
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    • pp.81-108
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    • 2008
  • Since the declaration made by UN Convention on the Law of the Sea on EEZs, The open seas of Northeast Asia, considerd as a convention area, needed new agreements in conformity with the changes brought by the introduction of the Exclusive Economic Zone(EEZ) system. The Contracting Parties of these agreements set up their own EEZs, which extend certain ranges from their baselines, Fishing in the other party's EEZ is done based on mutual agreements, which take into account traditional fishing activity in the zones. Seperate fishries management systems, in accordance with the relevant legal status of the waters, are applied to individual overlapping areas: Middle Zone in the Bast Sea and the waters south of jeju Island, Interim Measure Zone in the Yellow Sea and East China Sea, and the Transitional Zone in the Yellow Sea. They decided to conclude fisheries agreements as the provisional agreement under Article 74(3) of the UN Convention before the delimitations of the EEZs to avoid the territorial disputes. China and Japan concluded the Fishries Agreement in the November 1997, allowing each coastal State 52 mile EEZ. it was followed by Korea and Japan in September 1998, reaching a final compromise. And also Korea and China came to a satisfactary settlement in November 1998. Fisheries agreements have been established between the three North-east Asian States, the agreement are all bilateral. That implies inefficient resource management on the overlapping waters of the three states, especially on the East China Sea. The Korea-Japan Fisheries Agreement and the China-Japan Fishery Agreement worked as governing rules in the North-east Asian seas before the establishment of EEZs (Exclusive Economic Zones). However the conclusion of the bilateral fishery agreements, Korea China and Japan have developed EEZs, and these three countries have competed for the exploitation of fisheries resources. Therefore, the issue of fisheries resource management was no longer a single countries' problem and emerged as a common issue facing these three countries. In recognition of the above-mentioned problem, it is needed for the construction of cooperative System fishery management in the North-east Asian seas. Therefore, cooperative measures should be establishied. The final goal of the construction of fisheries management cooperative system is to establish sustainable fisheries in the North-east Asian seas. However, there is a big difference in fisheries management tools, fishing gear, exploitation rate of species, etc. This implies that a careful approach should be taken in order to achieve the cooperative fisheries management among Korea, China and Japan. conclusionly, the Governments of Korea, China and Japan should complement three bilateral agreemens, and which they prepares to 'Fisheries Resource Restore Program' Between Korea, China and Japan in the adjacent waters south of Jeju Island.

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A Development of Method for Surface and Subsurface Runoff Analysis in Urban Composite Watershed (I) - Theory and Development of Module - (대도시 복합유역의 지표 및 지표하 유출해석기법 개발 (I)- 이론 및 모듈의 개발 -)

  • Kwak, Chang-Jae;Lee, Jae-Joon
    • Journal of Korea Water Resources Association
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    • v.45 no.1
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    • pp.39-52
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    • 2012
  • Surface-subsurface interactions are an intrinsic component of the hydrologic response within a watershed. In general, these interactions are considered to be one of the most difficult areas of the discipline, particularly for the modeler who intends simulate the dynamic relations between these two major domains of the hydrological cycle. In essence, one major complexity is the spatial and temporal variations in the dynamically interacting system behavior. The proper simulation of these variations requires the need for providing an appropriate coupling mechanism between the surface and subsurface components of the system. In this study, an approach for modelling surface-subsurface flow and transport in a fully intergrated way is presented. The model uses the 2-dimensional diffusion wave equation for sheet surface water flow, and the Boussinesq equation with the Darcy's law and Dupuit-Forchheimer's assumption for variably saturated subsurface water flow. The coupled system of equations governing surface and subsurface flows is discretized using the finite volume method with central differencing in space and the Crank-Nicolson method in time. The interactions between surface and subsurface flows are considered mass balance based on the continuity conditions of pressure head and exchange flux. The major module consists of four sub-module (SUBFA, SFA, IA and NS module) is developed.

The Roles of Wind Shadow Aspect Ratio upon the Behaviors of Transverse Dunes : A Dynamics Analysis on the Behavior Space (바람그늘의 기울기가 횡사구의 지형발달에서 담당하는 역할 -거동 공간상의 동역학적 분석을 중심으로-)

  • RHEW, Hosahng
    • Journal of the Korean association of regional geographers
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    • v.22 no.4
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    • pp.887-911
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    • 2016
  • The empirical law that transverse dunes migrate inversely with their heights leads logically to the prediction that multiple dune ridges will converse to a single huge dune by merging. This contradicts the existence of the steady state dune fields on the Earth. The recent studies have emphasized dune collisions as a key mechanism to the stability of dunefield. The roles of wind shadow aspect ratio, however, have yet to be fully explored. This research aims to investigate the potential roles of wind shadow aspect ratio in the dynamical behaviors of transverse dune field. The simplified model is established for this, based upon allometric properties of transverse dunes, wind speedup on the stoss slope and sand trapping efficiency. The derived governing equations can be transformed to the zoning criteria and vector field for dune evolution. The dynamics analysis indicates that wind shadow aspect ratios do not produce convergent areas on the behavior space; rather, they just act as one of the factors that affect the trajectories of dune evolution. Though the model cannot represent the stability of dune field, but seem to produce a reasonable exponent for dune spacing-height relations.

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Estimation of the Impact of the Inclusion of Sharks in the Appendices of the 'Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)' on Korean Fisheries and Recommendations of the Domestic Measures on the Trade of the Listed Shark Species ('멸종위기에 처한 야생 동식물의 국제거래에 관한 협약'의 상어류 등재가 한국 수산업에 끼칠 영향과 대응 전략)

  • Sohn, Hawsun;An, Du Hae;Kim, Doo Nam;Lee, Sung Il;Park, Kyum Joon
    • Journal of Fisheries and Marine Sciences Education
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    • v.26 no.6
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    • pp.1278-1295
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    • 2014
  • The Sixteenth Meeting of the Conferences of Parties of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which was held in March 2013 in Bangkok, Thailand, listed five shark species and one genus, and uplisted one sawfish species. All new species listings will be come into force of the eighteen months delay, on the fourteenth of September, 2014. The purpose of the delay is to support the preparation of the domestic measures on shark trade by the parties, as there has been no previous experience in trading the commercially exploited aquatic species in the CITES. The CITES Secretary-General has visited several potential shark trade countries to encourage and facilitate the implementation of the new CITES listings. The newly listed sharks have been caught as a target or non-target species by Korean distant water fisheries and introduced into Korea. So the establishment or change of the domestic laws, regulations, and measures for the implementation of the new CITES species must be prepared before the effective entry date. This paper is prepared to assess the effects of the trade of the CITES listed shark species, and to suggest effective government service measures for the management of Korean distant water fisheries. The Ministry of Environment (MOE) is the general Management Authority of the CITES, and the Ministry of Food and Drug Safety (MFDS) is in charge of the medical trade of CITES listed species in Korea. By law, all imported medicines and medical materials must be inspected by the MFDS during the customs examination; this kind of authority sharing is reasonable and effective way of providing government service. Similarly, the designation of new CITES Management Authority for the trade of commercially exploited aquatic CITES species is critical and the Ministry of Oceans and Fisheries (MOF), which is now in charge of the trade of fisheries products, is the most appropriate governing body for this purpose in Korea. The revision of the National Plan of Action for Conservation and Management of Sharks, initially submitted to the Food and Agriculture Organization (FAO) of the United Nations in 2011 as a practical guideline for shark conservation in all Korean fisheries, could be a effective measure to achieve unification of conservation of endangered species and sustainable use of fisheries stocks. The proper CITES measures for the trade of listed species, such as the establishment of the documenting system for Non-detriment Findings, domestic measures suitable for the "Introduction from the Sea" clause, species specific Harmonized System Codes for the customs service, and an effective shark catch data reporting system should be in place prior to the fourteenth of September 2014.

A Study on the Problems and Countermeasures Relative to Negotiation Clause under L/C Transactions in the UCP 600

  • Kim, Dong-Chun
    • Journal of Korea Trade
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    • v.24 no.4
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    • pp.49-70
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    • 2020
  • Purpose - The UCP is recognized as the governing law for L/C transactions, but it covers only the general details of the transaction and does not cover all complex practices. In view of this limitation, this paper examines a negotiation transaction which is most actively utilized in L/C transactions via a thorough review of the UCP provisions, analyzes the problems of the negotiation clause in the UCP, and suggests appropriate countermeasures to deal with unnecessary litigation costs. By doing so, the parties involved in the negotiation transaction would be able to avoid financial costs such as having to pay for lawsuits. Design/methodology - The present study first differentiates the general types of L/Cs (e.g., sight payment L/C, deferred payment L/C, acceptance L/C, and negotiation L/C), explains and the Article 2 and Article 12(b) of the UCP 600 where the term 'negotiation' is used, digs into the drawbacks of 'negotiation' occurring under the UCP 600, and discusses solutions to the problems found by analyzing the drawbacks descriptively. Findings - After a review of the UCP provisions on negotiation in detail, several possible problems which may occur in practice were discovered. First, as the UCP stipulates, the negotiating bank will want to delay payment to the maximum extent possible and make payment on the banking day on which the issuing bank reimburses the amount. This may lead the beneficiary towards bankruptcy or put it in financial crisis. Second, when a fraudulent transaction occurs, the negotiating bank can neither request the issuing bank to reimburse nor can it exercise its recourse right against the beneficiary because it has obtained all the rights of the beneficiary by purchasing the documents. Third, there is a practice in which the beneficiary sells the documents to its transaction bank which is not the nominated bank if the nominated bank specified in the credit is located in a third country or the exporter has no relationship with the nominated bank in the credit. In this case, whether to accept this and reimburse the non-nominated negotiating bank entirely depends on the issuing bank's decision even though such practice frequently occurs in Korea. Originality/value - There has been little research effort pertaining to negotiation transactions in detail even though negotiation L/C transactions account for around 70% in world trade notwithstanding deferred payment L/Cs and acceptance L/Cs that are also negotiated in practice. Thus, if the negotiations clause under the UCP 600 provisions were reviewed and the drawbacks of the negotiation transactions most actively used in L/C transactions were identified and examined, specific countermeasures could ultimately help smoothen the operation of L/C transactions and prevent financial losses.

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
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    • v.42 no.1
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    • pp.257-281
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    • 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.

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Payment Refusal against Discrepancy in Transport Document under L/C Transaction (신용장거래에서 운송서류 불일치에 대한 지급거절)

  • Lee, Jung-Sun
    • Korea Trade Review
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    • v.42 no.2
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    • pp.205-225
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    • 2017
  • The study attempts to verify the case related to the notice of payment refusal by issuing bank regarding discrepancy in transport document under L/C(Letter of Credit) transaction. Considering the high portion of trade between Korea and China, Korean companies and banks in L/C transaction should be careful about many unpredictable situations. The case of this study is that Chinese seller(beneficiary) initiated a civil suit against Industrial Bank of Korea to Chinese court and Chinese courts in the first and second trials judged that the notice of payment refusal by Industrial bank of Korea doesn't satisfy Article 16, (c) (ii) (iii) in UCP 600. However, Industrial Bank of Korea implements the judgement even though the judgement is highly biased to Chinese seller. Considering the judgement by Chinese courts, the study suggests some countermeasures to Korean companies and banks which opened L/C. First, the issuing bank should describe the contents of discrepancy specifically based on Article 16, (c) in UCP 600. Second, it is necessary to insert a clause regarding governing law in the L/C contract like sales contract. Third, considering the biased judgement by Chinese court and difficulty in execution of foreign judgement in China, it is recommended to using arbitration as a method of dispute resolution such as ICLOCA and DOCDEX Rules which are international system operated by international instruments because it has legal effects to parties in L/C contracts if the issuing bank inserts arbitration clause in L/C.

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