• Title/Summary/Keyword: Hard Law

Search Result 171, Processing Time 0.038 seconds

A Study on the Application of UNIDROIT Principles in International Commercial Transaction (국제상거래에서의 UNIDROIT원칙 적용에 관한 연구 - 국제물품매매계약에 관한 유엔협약(CISG)과의 비교를 중심으로 -)

  • Woo, Kwang-Myung
    • International Commerce and Information Review
    • /
    • v.14 no.3
    • /
    • pp.453-479
    • /
    • 2012
  • The increase in international trade is clearly reflected by litigation and arbitration. Despite the importance of international commercial transaction, until very recently little was known about how the law interacts with actual practice. The CISG obviously plays an important role, but we are concerned with using choice of law to resolve issue that the CISG leaves unresolved. The case law UPICC is now accessible by means of UNILEX, the database on international case law that focus on CISG cases. The courts and arbitration tribunals throughout the world are developing a growing body of international case law on issues not resolved by the CISG, though arising from transactions to which the CISG applies. The application of the CISG is obligatory due to its nature as hard law an international convention. However, UPICC are only restatements and more flexibility, comprehensive instrument than CISG. This article offers to promote the UPICC application from their present status as a mere soft law instrument through analysing UNILEX cases.

  • PDF

A Study on Application Plan of Korea's Safety & Health Regulation (국내 산업안전 관련 제도 개선 활용 방안에 관한 연구)

  • 성호경;김병석;이태우
    • Proceedings of the Safety Management and Science Conference
    • /
    • 1999.11a
    • /
    • pp.1-7
    • /
    • 1999
  • The safety and health law, the basic regulation of occupational safety and health for industry, is overlappingly and unconsistently controled and by many non-profit organization or / and government organization. Because of above reasons, it is hard to investigate and suggest consistently. This study is proposed to remove inefficient and overlapping regulation and suggest how to manage the safety and health regulation in private industry. Safety and Health is the most important managed area under business environment. The safety and health regulation or law for Korean Private industry is compared with foreign country's law.

  • PDF

A Study on the Stability about the KIKO as Financial Instruments for Hedging (Laying stress on the precedent of Korean supreme court) (KIKO에 대한 환(換)헤지상품(商品)으로서 적정성(適正性)에 관한 연구(硏究))

  • Shin, Han-Dong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.55
    • /
    • pp.185-208
    • /
    • 2012
  • Before and after the Capital Market Integration Act in 2007 is implemented in South Korea, many of small-and mid sized exporting companies in South Korea has been bankrupted or filed for lawsuit claiming mis-selling(KIKO) by the banks. The basic economic structure of KIKO in Korea are part of a business model based on the use or misuse of exotic derivatives whose results are anything but imaginary. 571 mid sized exporting companies have been damaged about $28 billion. KIKO is a currency option product that sells foreign currencies at higher foreign exchange rate when the rate moves within a certain range, but sells foreign currencies at two or three times lower rate than the market price when the rate exceeds the designated upper limit. KIKO, Therefore, is hard to know whether the non financial firms intended to hedge against further strengthening of their currency or merely to speculate. It is also hard to know how thoroughly they understood the risk-return profile of these transactions. It is similarly hard to ascertain whether the derivatives dealers offering these transactions were meeting the demands of their clients or taking advantage of them. These exotic derivatives were inappropriate for either hedging or speculating, and no knowledgeable investor would be likely to enter into these contracts intentionally.

  • PDF

Prevention of Particulate Scale with a new winding method in the Electronic Descaling Technology (새로운 도선감는 방법을 사용한 전기장을 이용한 스케일 제거)

  • Kim, Gun-Woo;Ahn, Hee-Sub;Sohn, Chang-Hyun
    • Proceedings of the KSME Conference
    • /
    • 2000.04b
    • /
    • pp.180-186
    • /
    • 2000
  • This paper presents a new winding method in the electronic descaling(ED) technology. The ED technology Produces an oscillating electric field via the Faraday's law to Provide necessary molecular agitation to dissolved mineral ions. But present method gives another agitation force to mineral ions, which is Lorentz's force. Experiments were peformed at various Renolds number. A series of tests was conducted, measuring pressure drop across test section and the overall heat transfer coefficient as a function of time. In order to accelerate the rate of fouling, artificial hard water of 1000ppm $CaCO_3$ was used throughout the tests. The results show that the new method accelerates collision of mineral ions and improvs efficiency of system.

  • PDF

The Emergence of International Ocean Regime and the Change of Power Concept in International Society -The Case of United Nations Convention on the Law of the Sea- (국제사회 힘의 변화와 해양레짐 출현에 관한 소고 -유엔 해양법협약을 중심으로-)

  • Kang, Ryang;Park, Seong-Wook;Yang, Hee-Cheol
    • Ocean and Polar Research
    • /
    • v.28 no.3
    • /
    • pp.273-285
    • /
    • 2006
  • As the political arguments on international power concept has gradually been deepened, the role of international regimes, defined as principles, norms, rules, and decision-making procedures around which nation-actors' expectations converge in a given issue-area, has also been reinforced. There are many ways of understanding about international regimes. In terms of realistic theories, international regimes are one of methods of maintaining hegemonic power order of hegemonic nation and in terms of liberalistic theories, international regimes are understood as the products of mutual inter-dependence of nations in changing international society. As a matter of fact, if we take structural causes and regime consequences into severe consideration, we can find not a few characteristics of international regimes, such as security regime, world trade and fiance regime, ocean regime, environmental regime, human right regime, etc. This paper will examine the changing concept of power after World War II in three categories of hard power (military power), meta power (regime creating power), and soft power (advanced in cultural, diplomatical, and technological power). This paper will provide the evidence of why the changing power concepts will be strongly related with the emergence of international regimes. The UN convention on the law of the sea will chosen as a standard case of the ocean regime and it's regime structure and role will also be analysed in both realistic :md liberalistic theories. Futhermore, the nations' interests involved in the UN convention on the law of the sea will be analytically classified and finally a future prospectus of the UN convention on the law of the sea as an ocean regime will be tested.

A Study on Application Plan of Korea's Safety & Health Regulation (국내 산업안전 관련 제도 개선 활용 방안에 관한 연구)

  • 성호경;김병석;이태우
    • Journal of the Korea Safety Management & Science
    • /
    • v.1 no.1
    • /
    • pp.61-67
    • /
    • 1999
  • The safety and health law, the basic regulation of occupational safety and health for industry, is overlappingly and unconsistently controled by many non-profit organization or / and government organization. Because of above reasons, it is hard to investigate and suggest consistently. This study is proposed to remove inefficient and overlapping regulation and suggest how to manage the safety and health regulation in private industry. Safety and Health is the most important managed area under business environment. The safety and health regulation or law for Korean private industry is compared with foreign country's.

  • PDF

The Lived Experience of Japanese Marriage-Immigrants' Caring for Parents-in-law with Chronic Illness (결혼이주 일본여성의 만성질환 시부모 돌봄 경험)

  • Choi, Mi Suk;Kim, Mi Young;Yang, Bok Sun
    • The Journal of Korean Academic Society of Nursing Education
    • /
    • v.20 no.2
    • /
    • pp.255-265
    • /
    • 2014
  • Purpose: The study was done to explore lived experience of Japanese women taking care of chronically ill parents-in-law at home under the Korean family culture emphasizing filial piety. Method: van Manen's Hermeneutic Phenomenology research method was applied to conduct in-depth analysis on the meaning and nature of those experiences. This method derives the universal and fundamental aspect of human being. Results: There were 8 essential themes derived from the Japanese marriage-immigrants' experiences taking care of parents-in-law with chronic diseases as followings: 'stuck in a situation in which I am obligated to take care of the parent-in-law', 'hard to be the only person responsible to take care of the parent-in-law', 'unaccustomed to the Korean filial duty culture', 'the adverse effect of Korean-Japan history on taking care of the parent-in-law', 'refusing to let the taking care of the parent-in-law to be a shackle of my life', 'starting to be willing to take care of the parent-in-law', 'following through with my own way of taking care of the parent-in-law without being swayed by what others say', 'growing in the process of taking care of the parent-in-law'. Conclusion: The study results broadened ground to understand the experiences taking care of chronically ill parent-in-law from Japanese marriage-immigrants' social and cultural perspectives.

Precise Position Synchronous Control of Two Axes Rotating Systems by Cooperative Control (협조제어에 의한 2축 연속 회전시스템의 고정도 위치동기 제어)

  • Jeong, Seok-Gwon;Kim, Yeong-Jin;Yu, Sam-Sang
    • Transactions of the Korean Society of Mechanical Engineers A
    • /
    • v.25 no.12
    • /
    • pp.2078-2090
    • /
    • 2001
  • This paper deals with a precise position synchronous control by a cooperative control method of two axes rotating systems. First, the system's dynamics including motor drives described by a motor circuit equation and Newton's kinetic formulation about rotating system. Next, based on conventional PID(Proportional, Integral, Derivative) control law, current and speed controller are designed very simply to follow up reference speed correctly under some disturbances. Also, position synchronous controller designed to minimize position errors according to integration of speed errors between two motors. Then, the proposed control enables the distributed drives by a software control algorithm to behave in a way as if they are mechanically hard coupled in axes. Further, the stabilities and robustness or the proposed system are investigated. Finally, the proposed system presented here is shown to be more precise position synchronous motion than conventional systems through some simulations and experiments.

Prevention of Particulate Scale with a New winding Method in the Electronic Descaling Technology (새 도선 감는 방법을 적용한 전기장 이용 스케일 제거)

  • Son, Chang-Hyeon;Gu, Sang-Mo;Kim, Chang-Su;Kim, Geon-U
    • Transactions of the Korean Society of Mechanical Engineers B
    • /
    • v.26 no.5
    • /
    • pp.658-665
    • /
    • 2002
  • This paper presents a new winding method in electronic descaling (ED) technology. Conventional ED technology Produces an oscillating electric field via Faraday's law to provide the necessary molecular agitation to dissolve mineral ions. However, the proposed method produces an additional agitation force for mineral ions, called Lorentz's force. Experiments were performed using various Renolds numbers. A series of tests was conducted to measure the pressure drop across the test section and the overall heat transfer coefficient as a function of time. In order to accelerate the rate of fouling, artificial hard water, 1000ppm CaCO$_3$, was used throughout the tests. The results show that the new winding method accelerates the collision of the mineral ions, thereby improving the system efficiency. The present study can develope more effective fouling-removing equipment with change of estabishment method of coil.

A Study on Problems of Digital Certification System (전자인증제도(電子認證制度)의 문제점(問題點)에 관한 연구(硏究))

  • Hwang, Sang-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.20
    • /
    • pp.495-522
    • /
    • 2003
  • As a rapid development of electronic commerce transactions in these days, the security and private protection problems became more important matters under the electronic transaction base. Because electronic transaction using electronic documents be carried without direct person to person meeting, there can be the possibility to use other's identity illegally without notice, and very hard to verify authenticity of transaction as well. In addition, it is very hard to find out that the electronic documents on the process of submitting is forged documents or not, and also have much difficulty in maintaining transmitting secret. Therefore, to solve such problems on electronic commerce transactions and electronic documents, the digital signature and certification system with cryptography skill is inevitably necessary. As the wide use of digital signature together with beginning of digital government and financial transaction, not only the issuance of electronic certification, but certification market came to gradually expand. In Korea, after enacting digital signature act in 1999, the act contents were expanded to the wide range of contents complying with global standards from the end of 2001 to April, 2002, including the new clause of certification problems. And the act was put into operation now. Therefore, in this paper, we'd like to suggest development scheme through the investigation on electronic certification related problems, such as, concepts, procedures, service conditions here and abroad.

  • PDF