• Title/Summary/Keyword: International Standard

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The Judgment Standard of the Compliance of the Documents in the International Standard Banking Pratice (국제표준은행관습상(國際標準銀行慣習上)의 서류(書類)의 일치성(一致性) 판단기준(判斷基準))

  • Chae, Jin-Ik
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.631-655
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    • 2000
  • This article is focused on the review of the judgement standard for compliance of the documents in international standard banking practice. Since the establishment of Uniform Customs and Practice for Documentary Credits, The practices of the Credit transactions has been formed and developed with the rapidly changing progress of the international trade environment. but though the international standard banking practice have meaning to suggest a new examination standard, in practice, there are some problems on the judgement of the compliance of the documents. Therefore, for the useful judgement standard for compliance of the documents, the range of the standard should become concrete and simple so that all the related parties can forecast. and the opinions and interpretations published by ICC Banking Committee are recommended to be used, systematized and activated. and also with the change of the trade environment, the changed standard practice could be published annually for the useful use. and it will be necessary to consider to publish the publications in the form of the "White Book" Last, it is necessary to accept the changes by the needs of the times as the international standard banking practice promptly and analysis accurately its problems for the times of the electronic commerce, so that Credit systems should be settled and developed continuously as the useful means of the settlement of the proceeds conquering of the characteristics originated from the international transactions between the parties concerned.

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A Study on Development of Test Model and Linkage Method among International Standard Identification Systems and UCI/ICN (UCI/ICN과 국제표준 식별체계간의 연계방법과 시험모형개발에 대한 연구)

  • Kim, Yoonho
    • The Journal of Society for e-Business Studies
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    • v.19 no.4
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    • pp.151-168
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    • 2014
  • UCI (Universal Content Identifier) as a national digital content identification system for identifying digital content and ICN (Integrated Copyright Number) for copyright management are operated by Korea copyright commission. However, They are not interoperable with international standard identification system such as ISRC (International Standard Recording Code), ISWC (International Standard Works Code), and ISAN (International Standard Audiovisual Number) due to lack of linkage system. Hence, extra works with international standard identification system are needed for international market entry and integrated management of statistical information including content settlement in international market is impossible. In this paper, the domestic/international identification systems are surveyed, and by metadata analysis of identification systems, linkage method with UCI/ICN is proposed. And also by developing the prototype model, research direction to UCI/ICN with international standard identification system is proposed.

A Study on the Standard of Document Examination for Letters of Credit Issuing Bank (신용장개설은행(信用狀開設銀行)의 서류검토기준(書類檢討基準)에 관한 연구(硏究))

  • Kim, Young-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.16
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    • pp.35-58
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    • 2001
  • The letter of credit is quintessentially international. In the absence of international legal system, a private system based on banking practices has evolved, commanding the adherence of the international letter of credit community and providing the foundation of th reputation of this instrument. To maintain this international system, it is vital that international standard banking practice should not be subject to local interpretations that misconstrue or distort it. The UCP is a formulation of international standard banking practice. It is neither positive law nor a "contract term" in any traditional sense and its interpretation must be consonant with its character as a living repositary of international understanding in this field. As a result, the interpretation and application of specific articles of the UCP must be consistent with its evolving character and history and with the principles upon which sound letter of credit practice is predicated. This study, especially, focuses on article 13 of the UCP500 and 95UCC 5-108. Both articles introduce a standard of document examination to be used by banks to determine whether they comply facially with the terms of the credit. While, in the UCP, this standard is called international standard banking practices, in the UCC, this standard is called standard practices. I think that both standards are not same. Thus, first, this study look for categories of both standards and scope of application. the second subject is how can issuing bank act in the face of non-documentary condtion under this standard of document examination. Third is correlation between the principle of Strice Compliance and the standard.

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A Study on Fair and Equitable Treatment in International Investment Agreements (국제투자협정상 공정하고 공평한 대우에 관한 연구)

  • Kim, Yong-Il;Hong, Sung-Kyu
    • Journal of Arbitration Studies
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    • v.22 no.3
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    • pp.187-213
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    • 2012
  • The purpose of this article is to examine Fair and Equitable Treatment in International Investment Agreements. Most BITs and other investment treaties provide for FET of foreign investments. Today, this concept is the most frequently invoked standard in investment disputes. It is also the standard with the highest practical relevance: a majority of successful claims pursued in international arbitration are based on a violation of the FET standard. The concept of FET is not new but has appeared in international documents for some time. Some of these documents were nonbinding others entered into force as multilateral or bilateral treaties. Considerable debate has surrounded the question of whether the FET standard merely reflects the internationalminimum standard, as contained in customary international law, or offers an autonomous standard that is additional to general international law. As a matter of textual interpretation, it seems implausible that a treaty would refer to a well-known concept like the "minimum standard of treatment in customary international law" by using the expression "fair and equitable treatment." Broad definitions or descriptions are not the only way to gauge the meaning of an elusive concept such as FET. Another method is to identify typical factual situations to which this principle has been applied. An examination of the practice of tribunals demonstrates that several principles can be identified that are embraced by the standard of fair and equitable treatment. Some of the cases discussed clearly speak to the central roles of transparency, stability, and the investor's legitimate expectations in the current understanding of the FET standard. Other contexts in which the standard has been applied concern compliance with contractual obligations, procedural propriety and due process, action in good faith, and freedom from coercion and harassment. In short, meeting the investor's central legitimate concern of legal consistency, stability, and predictability remains a major, but not the only, ingredient of an investment-friendly climate in which the host state in turn can reasonably expect to attract foreign investment.

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A study correspond with international standard on the standard of wheel for railway rolling stock (철도차륜용 차륜규격 국제규격 부합화 연구)

  • Lee Chan-Woo;Hur Hyun-Moo
    • Proceedings of the KSR Conference
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    • 2004.06a
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    • pp.710-713
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    • 2004
  • The domestic railroad industry 2004 April high-speed railroad commerce is the actual condition which is operated and the fact that in spite of railroad standard field many portion does not correspond in international standardize actuality. International standard correspondence propulsion direction and hereafter of railway rolling stock wheel standard it was presented from the research which it sees and the railway rolling stock wheel relation KS standard establishment by law direction it introduced.

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Terms of Letter of Credit and Standard for Examination of Documents (신용장조건(信用狀條件)과 서류심사(書類審査)의 기준(基準) 검토(檢討))

  • Kang, Won-Jin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.495-513
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    • 2000
  • In this paper, I examined the terms of letter of credit and standard for examination of documents. In connection with the test of standard, I reviewed the bank's reasonable care, inconsistence and linkage between documents, non-documentary conditions and the treatment of discrepant documents. Traditionally credit law is founded on two principles such as the standards of strict of compliance and substantial compliance, but these standards are not consistency. Moreover although the Uniform Customs and Practice for Documentary Credits(UCP) introduces a new standard for examination of documents by incorporating international banking practice, the standards for documentary compliance have created ambiguity. Accordingly, I suggest that the standard requires strict compliance between party concerned in letter of credit transactions but only requires international standard banking practice in customer relationship. Therefore the standard and the specific guideline should be prescribed in the next version of the UCP.

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A study of the Domestic Trend in the law and institutions of International Standard Disaster Management -Focusing on ISO/TC 292- (재난관리 관련 국제표준별 국내 법·제도 동향 -ISO/TC 292 중심으로-)

  • Yun, Junyoung;Min, Geumyoung;Jung, Dukhoon
    • Journal of the Society of Disaster Information
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    • v.11 no.2
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    • pp.287-296
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    • 2015
  • In this study, international standards in disaster management and the management of the relevant International Standards Organizations(ISO), in particular ISO / TC 292 (Security- Safety) research subcommittee to look at international standards of relevant international standards for disaster management trends, each international domestic law related to the standard were researched. National Disaster Management Authority as a Ministry of Public Safety and Security (formerly the National Emergency Management Agency) has continued to prepare a plan for applying national disaster management relevant to the international standards. As the disaster management international standard continues to be established, disaster management agencies need to continue to keep pace with the international community to find ways to introduce international standards.

A Guideline on Development of LED Convergence Intrinsic Safety Luminaire for Marine Plants & Ships and It's Standard (선박 해양용 본질안전 LED 방폭 조명 표준화를 위한 가이드 개발 연구)

  • Lee, Seung-Hyeok;Kim, Tae-Hun
    • Journal of the Korea Safety Management & Science
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    • v.19 no.4
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    • pp.25-34
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    • 2017
  • Offshore plants should be managed at a high level of safety condition. Because the offshore plant has cramped space and has difficult access when a fire occurred, a fire can be critical to the plants. LED lighting can reduce the risk of fire by its lower energy consume suitable to intrinsic safety and lower heat radiation that can reduce the possibility of ignition. Also LED has a long lifetime. Though LED luminaire has various advantages for offshore plants, an international standard for the luminaire has not provided because it is new technology. Because there is no international and domestic standard specially provided for the LED luminaire, a guideline is required for developing the LED light and for the future establishment of an international standard. This study was conducted to develop the guideline for LED luminaire for offshore plants. Firstly, relevant standards were analyzed for the guideline. Then we found that there are editorial differences between international standards and domestic standards. So the guideline was developed based on international version and the differences between the domestic and international standard were provided to let Korean developers recognize the differences.

Safety Characteristics Analysis of Korean Std. Protocol for Railway Signalling according to IEC 62280 (IEC 62280을 통한 철도신호용 표준 통신프로토콜의 안전특성 분석)

  • Hwnag, Jong-Gyu;Jo, Hyun-Jeong;Yoon, Yong-Ki;Kim, Yong-Gyu
    • Proceedings of the KSR Conference
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    • 2006.11b
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    • pp.863-869
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    • 2006
  • The existing Europe Standard, EN 50159 with respect of safety of railway signalling communication protocol has been changed into International Standard, IEC 62280. This Standard presents the requirement for safe communication between safety-related devices which connects with transmission system, there are both closed and open transmission system. Regardless of this international Standards, the communication protocol for interface between CTC communication server and external facilities has been standardized several years ago in our country, so this is applied to integrated CTC system in KORAIL. Two Standards are currently standardized as a protocol between CTC and external facilities, these standard protocols are also required high level safety as a communication link which is transmitted vital control information in common with the train control system. For that reason, we have made analysis of requirement for the safe transmission required by international standard. Under this analysis, we have studied safety features of communication protocol applying to our standard. In other words, we have researched that how many the requirement from international standard for safe transmission is reflected in domestic standard protocol, and also whether our standard makes sure of safety enough or not.

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Strategy of Korean Company for International Standardization (국제표준에 따른 기업의 대응전략)

  • 최성운;백봉기
    • Journal of the Korea Safety Management & Science
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    • v.6 no.1
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    • pp.247-256
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    • 2004
  • Recently, International Standardization is an important issue in competitive world market because of integration of standard, liberalization of international trade and globalization. Consequently, Korean companies need a strategy about corresponding to market circumstance and global standard. In this study, we examine Intellectual Property, Patent and Antitrust Law which are related to standardization. This study suggests company strategy and system integration model to dispose the global standard.