• 제목/요약/키워드: Hard Law

검색결과 171건 처리시간 0.022초

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

  • 우광명
    • 통상정보연구
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    • 제14권3호
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    • pp.453-479
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    • 2012
  • 국제상거래의 증가는 분쟁의 증가로 나타나 소송이나 중재로 명확히 반영되고 있다. 국제상거래의 중요성에도 불구하고, 최근까지 어떻게 법이 실제 무역관행과 상호작용하는지 잘 알지 못하고 있다. 전 세계에 걸쳐 소송과 중재법정은 국제물품매매계약에서 CISG를 준거법으로 적용하고 있지만, 해결되지 않는 문제점에 대한 국제 판례가 축적되고 있다. 이런 점에서 국제 판례법에 대한 유니렉스(UNILEX) 데이터베이스는 대표적인 사례라 할 수 있다. 오늘날 확실히 CISG가 국제상사계약에서 중요한 역할을 담당하고 있지만, CISG가 경성법(hard law)으로서의 특징 때문에 갖는 한계로 준거법 적용에 따른 문제가 있다. 이에 비하여 UPICC는 국제협약이나 법률이 아닌 국제상거래일반의 법의 리스테이트먼트(restatement)이다. 즉 연성법(soft law)으로서 UPICC는 CISG보다도 유연하고 포괄적이다. 따라서 본 연구는 UPICC 2010년 개정에 착안하여 2012년 8월 현재까지 유니렉스(UNILEX)에 포함된 CISG와 UPICC의 적용사례 통계를 비교 분석하여 UPICC가 CISG의 한계를 보완하는 기능을 담당할 수 있음은 물론이고, 더 나아가 국제상거래의 준거법으로서 적용에도 유용성이 있음을 밝혀 UPICC의 국제상거래에서의 적용을 촉진하고자 한다.

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

  • 성호경;김병석;이태우
    • 대한안전경영과학회:학술대회논문집
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    • 대한안전경영과학회 1999년도 추계학술대회
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    • pp.1-7
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    • 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.

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

  • 신한동
    • 무역상무연구
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    • 제55권
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    • pp.185-208
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    • 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.

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

  • 김건우;안희섭;손창현
    • 대한기계학회:학술대회논문집
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    • 대한기계학회 2000년도 춘계학술대회논문집B
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    • pp.180-186
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    • 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.

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국제사회 힘의 변화와 해양레짐 출현에 관한 소고 -유엔 해양법협약을 중심으로- (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-)

  • 강량;박성욱;양희철
    • Ocean and Polar Research
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    • 제28권3호
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    • pp.273-285
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    • 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.

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

  • 성호경;김병석;이태우
    • 대한안전경영과학회지
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    • 제1권1호
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    • pp.61-67
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    • 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.

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

  • 최미숙;김미영;양복순
    • 한국간호교육학회지
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    • 제20권2호
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    • pp.255-265
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    • 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.

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

  • 정석권;김영진;유삼상
    • 대한기계학회논문집A
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    • 제25권12호
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    • pp.2078-2090
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    • 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.

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

  • 손창현;구상모;김창수;김건우
    • 대한기계학회논문집B
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    • 제26권5호
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    • pp.658-665
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    • 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.

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

  • 황상규
    • 무역상무연구
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    • 제20권
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    • pp.495-522
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    • 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.

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