• Title/Summary/Keyword: International private law

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A Study on the Certification System in Electromic Commerce (전자상거래(電子商去來)의 인증체계(認證體系)에 관한 고찰(考察))

  • Ha, Kang Hun
    • Journal of Arbitration Studies
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    • v.9 no.1
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    • pp.367-390
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    • 1999
  • The basic requirements for conducting electronic commerce include confidentiality, integrity, authentication and authorization. Cryptographic algorithms, make possible use of powerful authentication and encryption methods. Cryptographic techniques offer essential types of services for electronic commerce : authentication, non-repudiation. The oldest form of key-based cryptography is called secret-key or symmetric encryption. Public-key systems offer some advantages. The public key pair can be rapidly distributed. We don't have to send a copy of your public key to all the respondents. Fast cryptographic algorithms for generating message digests are known as one-way hash function. In order to use public-key cryptography, we need to generate a public key and a private key. We could use e-mail to send public key to all the correspondents. A better, trusted way of distributing public keys is to use a certification authority. A certification authority will accept our public key, along with some proof of identity, and serve as a repository of digital certificates. The digital certificate acts like an electronic driver's license. The Korea government is trying to set up the Public Key Infrastructure for certificate authorities. Both governments and the international business community must involve archiving keys with trusted third parties within a key management infrastructure. The archived keys would be managed, secured by governments under due process of law and strict accountability. It is important that all the nations continue efforts to develop an escrowed key in frastructure based on voluntary use and international standards and agreements.

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A Study on the Characteristics of Jeju Recreational Pension (제주도 휴양펜션시설의 건축실태에 관한 연구)

  • Jeong, Byeol-Ah;Kim, Bong-Ae
    • Proceeding of Spring/Autumn Annual Conference of KHA
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    • 2004.11a
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    • pp.135-140
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    • 2004
  • The purpose of this research is to investigate the characteristics of Jeju recreational pension. This research is carried out by on site inspection and the survey on management of the recreation facilities. A target of research is sixteen facilities of recreation pension in Jeju-do. Recreational pension was created by Jeju Free International City of special law in 2000. Jeju Recreational pension has characteristics as follows : The land area of that is $1300m^{2}{\sim}6300m^{2}$, the number of guest rooms are 10, and the area of guest rooms are $29m^{2}{\sim}100m^{2}$. Especially most of them are in Namjeju-gun. Also, they mostly have R.C. structure, and materials of exterior are artificiality stone. The color of an outer walls are mostly white and light-beige and that of the roofs are mainly dark-brown. On plot plan, it has 4type of prototype; type of outbuilding, arranging in a row, corridor, hall and composition of three types with public area. The outside facilities are equipped by handy golf courses and outdoor barbecue cooking sites. Unfortunately, most of pensions don't reflect the characteristics of architecture factors in Jeju.

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Trends and Prospects for the Development of Virtual Reality and Digital Property

  • Kirillova, Elena Anatolyevna;Blinkov, Oleg Evgenyevich;Blinkova, Elena Victorovna;Vrazhnov, Aleksey Sergeevich;Magomedov, Firdousi Bilyamudinovich
    • International Journal of Computer Science & Network Security
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    • v.22 no.11
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    • pp.284-290
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    • 2022
  • The study considers trends and prospects for developing virtual (augmented) reality and civil transactions in relation to digital property. In jurisprudence, there is a need to determine the legal status of virtual and augmented reality to regulate legal relations in the digital environment. Legal relations using new digital technologies require the creation of new legislative approaches and rules of their legal regulation. The article dwells on the legal status of virtual (augmented) reality and determines the methods of regulating legal relations in the sphere of digital property. The study utilized methods for collecting single and multiple facts in order to identify the main trends in the civil circulation of digital assets, as well as private law methods. The methods of generalization, concreteness, induction and deduction reveal the legal nature and main features of virtual (augmented) reality and digital property. The paper highlights the specifics of virtual reality and civil transactions in relation to digital assets. The research has concluded that the sale, exchange and other actions with digital objects in virtual reality have distinctive features, while digital property has also unique characteristics since it is involved in civil circulation and legal relations.

A Study on Strategy for Global Health Care through the Resolution of Medical Disputes with Foreign Patients (외국인환자 의료분쟁 해결을 통한 국제진료 활성화방안)

  • Byeon, Seung-Hyeok
    • Journal of Arbitration Studies
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    • v.26 no.1
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    • pp.73-87
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    • 2016
  • Activation Plan for International Health Care through the Resolution of Medical Disputes with Foreign Patients. The field of international health care is currently being expanded and developed into the new industrial field of medical tourism through the convergence of medicine - a public sector - and tourism - a private sector. This study examines problems with medical law regarding the prevention of medical disputes that may occur when attracting foreign patients and the resolution of these disputes. It also introduces the current most ideal resolution plan for medical disputes. Advanced measures for the prevention of medical disputes with foreign patients are as follows: First, when conducting international health care, the obligation to explain a medical treatment should be applied at higher standards for foreign patients. Second, all medical treatment procedures, including appointments, treatments, discharge, post-operation consultations, and follow-up treatments of foreign patients should be charted and recorded. A checklist regarding precautions for each procedure along with a response manual for problems should also be established. These regulations can prevent unexpected conflicts in advance when medical disputes occur. If a medical dispute with a foreign patient occurs despite thorough advance prevention, it can be resolved through reconciliation, mediation, and arbitration. The government and the medical field along with its related industries and authorities should put their efforts into developing these priori/posteriori measures for the activation of international medical health care. The laws and technological/human capabilities in medicine should also be improved in order to activate international medical health care.

Global Convergence for Healthcare ICT Services (헬스케어 ICT 서비스의 글로벌 컨버전스)

  • Won, Dal Soo;Lee, Sang San;Jung, Yong Gyu
    • The Journal of the Convergence on Culture Technology
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    • v.2 no.2
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    • pp.45-49
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    • 2016
  • It may be summarized to four kinds of innovation through global convergence, and the convergence of adjacent areas according to mega-trends in medical services market and actively introduced ICT technologies, public and private partnership. Health care is no longer a local industry, it is becoming Global Convergence. In the case of developed countries, it is increased to income levels, the development of new medical technologies, while the increase in specialized medical services and need of aging population. It increases migration of foreign medical personnel, geographical proximity and choice of the best medical technology, regardless of the cost. The increasing demand for high quality yet relatively low foreign prices of medical services. Hospitals are especially spread of international certification such as the US JCI standards. Hospital exports are being evaluated and opened the way for the export industrialization as ICT convergence hospital that can be exported to the fusion-related technologies more efficiently. Current local hospital has already reached saturation, globalization of Korean hospital is being the time necessary. Thus, unlike a strategy for each country, as well as technology transfer it is also possible, such as total exports provided the building, medical equipment procurement, local medical personnel (doctors and nurses) selection and training, PR and marketing. In the current medical law and need to be revised prospectively maintained for publicity and abroad, there is a need for further legal dragons and actively support a more flexible policy on the application of national law overseas medical services.

A Study on the Passengers liability of the Carrier on the Montreal Convention (몬트리올협약상의 항공여객운송인의 책임(Air Carrier's Liability for Passenger on Montreal Convention 1999))

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.31-66
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    • 2008
  • Until Montreal Convention was established in 1999, the Warsaw System is undoubtedly accepted private international air law treaty and has played major role on the carrier's liability in international aviation transport industry. But the whole Warsaw System, though it was revised many times to meet the rapid developments of the aviation transport industry, is so complicated, tangled and outdated. This thesis, therefore, aim to introduce the Montreal Convention by interpreting it as a new legal instrument on the air carrier's liability, specially on the passenger's, and analyzing all the issues relating to it. The Montreal Convention markedly changed the rules governing international carriage by air. The Montreal Convention has modernized and consolidated the old Warsaw System of international instruments of private international air law into one legal instrument. One of the most significant features of the Montreal Convention is that it sifted its priority to the protection of the interest of the consumers from the protection of the carrier which originally the Warsaw Convention intended to protect the fledgling international air transport business. Two major features of the Montreal Convention adopts are the Two-tier Liability System and the Fifth Jurisdiction. In case of death or bodily injury to passengers, the Montreal Convention introduces a two-tier liability system. The first tier includes strict liability up to 100,000SDR, irrespective of carriers' fault. The second tier is based on presumption of fault of carrier and has no limit of liability. Regarding Jurisdiction, the Montreal Convention expands upon the four jurisdiction in which the carrier could be sued by adding a fifth jurisdiction, i.e., a passenger can bring suit in a country in which he or she has their permanent and principal residence and in which the carrier provides a services for the carriage of passengers by either its own aircraft or through a commercial agreement. Other features are introducing the advance payment, electronic ticketing, compulsory insurance and regulation on the contracting and actual carrier etc. As we see some major features of the Montreal Convention, the Convention heralds the single biggest change in the international aviation liability and there can be no doubt it will prevail the international aviation transport world in the future. Our government signed this Convention on 20th Sep. 2007 and it came into effect on 29th Dec. 2007 domestically. Thus, it was recognized that domestic carriers can adequately and independently manage the change of risks of liability. I, therefore, would like to suggest our country's aviation industry including newly-born low cost carrier prepare some countermeasures domestically that are necessary to the enforcement of the Convention.

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The Liability Regime of the Air Carrier under the National Legislation of Korea by Adopting the Montreal Convention (몬트리올 협약을 수용한 한국의 국내 입법상 항공운송인의 책임제도)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.2
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    • pp.3-27
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    • 2012
  • The Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air was adopted in 1929. In 1999, the ICAO adopted the Montreal Convention for the Unification of Certain Rules for International Carriage by Air vastly modernizing the unification of private air law. The Montreal Convention replaced the instruments of the Warsaw system, and came into force on 4 November 2003. The Montreal Convention is not only an international convention. It has also exercised a considerable influence on national legislation. Korea has made the national legislation of the Part VI the Carriage by Air of Commercial Act on April 29, 2011, and it has brought into force on November 24, 2011. The national legislation of the Part VI the Carriage by Air of Commercial Act of Korea has the provisions on the liability for damage caused to passenger, the liability for damage caused to baggage, and the liability for damage caused to cargo. The main feature of the liability regime of the air carrier under the Montreal Convention is the two-tier liability system for death or injury of the passenger with strict liability up to 100,000 SDR and presumptive liability with a reversed burden of proof without any limit above that threshold. The national legislation of the Part VI the Carriage by Air of the Commercial Act of Korea has adopted the main principles of the liability of the air carrier under the Montreal Convention. In conclusion, the national legislation relating to the liability of the air carrier by the Korean government will contribute to settle efficiently the dispute on the carrier' liability in respect of the carriage of passengers, baggage and cargo by air, and to provide proper compensation to the passenger or consignor who has suffered damage, subject to the defenses and limitations it sets out.

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A study on the Regulatory Environment of the French Distribution Industry and the Intermarche's Management strategies

  • Choi, In-Sik;Lee, Sang-Youn
    • The Journal of Industrial Distribution & Business
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    • v.3 no.1
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    • pp.7-16
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    • 2012
  • Despite the enforcement of SSM control laws such as 'the Law of Developing the Distribution Industry (LDDI)' and 'the Law of Promoting Mutual Cooperation between Large and Small/medium Enterprises (LPMC)' stipulating the business adjustment system, the number of super-supermarkets (SSMs) has ever been expanding in Korea. In France, however, Super Centers are being regulated most strongly and directly in the whole Europe viewing that there is not a single SSM in Paris, which is emphasized to be the outcome from French government's regulation exerted on the opening of large scale retail stores. In France, the authority to approve store opening is deeply centralized and the store opening regulation is a socio-economic regulation driven by economic laws whereas EU strongly regulates the distribution industry. To control the French distribution industry, such seven laws and regulations as Commission départementale d'urbanisme commercial guidelines (CDLIC) (1969), the Royer Law (1973), the Doubin Law (1990), the Sapin Law (1993), the Raffarin Law (1996), solidarite et renouvellement urbains (SRU) (2000), and Loi de modernisation de l'économie (LME) (2009) have been promulgated one by one since the amendment of the Fontanet guidelines, through which commercial adjustment laws and regulations have been complemented and reinforced while regulatory measures have been taken. Even in the course of forming such strong regulatory laws, InterMarche, the largest supermarket chain in France, has been in existence as a global enterprise specialized in retail distribution with over 4,000 stores in Europe. InterMarche's business can be divided largely into two segments of food and non-food. As a supermarket chain, InterMarche's food segment has 2,300 stores in Europe and as a hard-discounter store chain in France, Netto has 420 stores. Restaumarch is a chain of traditional family restaurants and the steak house restaurant chain of Poivre Rouge has 4 restaurants currently. In addition, there are others like Ecomarche which is a supermarket chain for small and medium cities. In the non-food segment, the DIY and gardening chain of Bricomarche has a total of 620 stores in Europe. And the car-related chain of Roady has a total of 158 stores in Europe. There is the clothing chain of Veti as well. In view of InterMarche's management strategies, since its distribution strategy is to sell goods at cheap prices, buying goods cheap only is not enough. In other words, in order to sell goods cheap, it is all important to buy goods cheap, manage them cheap, systemize them cheap, and transport them cheap. In quality assurance, InterMarche has guaranteed the purchase safety for consumers by providing its own private brand products. InterMarche has 90 private brands of its own, thus being the retailer with the largest number of distributor brands in France. In view of its IT service strategy, InterMarche is utilizing a high performance IT system so as to obtainas much of the market information as possible and also to find out the best locations for opening stores. In its global expansion strategy of international alliance, InterMarche has established the ALDIS group together with the distribution enterprises of both Spain and Germany in order to expand its food purchase, whereas in the non-food segment, it has established the ARENA group in alliance with 11 international distribution enterprises. Such strategies of InterMarche have been intended to find out the consumer needs for both price and quality of goods and to secure the purchase and supply networks which are closely localized. It is necessary to cope promptly with the constantly changing circumstances through being unified with relevant regions and by providing diversified customer services as well. In view of the InterMarche's positive policy for promoting local partnerships as well as the assistance for enhancing the local economic structure, implications are existing for those retail distributors of our country.

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A Study on Mental Injury Suffered by Passengers in International Air law (국제항공법상 정신적 손해에 관한 연구)

  • Cho, Hong-Je;Ahn, Jin-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.55-95
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    • 2010
  • The meaning and application of 'lesion corporelle' in the context of a variety of mental or psychic injuries is less clear, while there is very little disagreement about its literal translation. U.S. Court decisions since Floyd allow recovery for a range of claims involving emotional injury under Article 17; in some cases there is no recovery, while in others there is full recovery, depending on the allegations and the nexus between the alleged injury and any related or accompanying physical injury. Courts are in agreement that pure emotional injury is not compensable under the Convention. Most courts agree that emotional injury is not compensable in those cases where it has resulted only in physical manifestations such as weight loss or sleeplessness. At the same time, most courts generally agree that emotional injury is compensable if it proximately flows from a physical injury. The issue as to whether the courts would associate PTSD with bodily injury as envisioned in the present Warsaw structure or even the new regime reflected in the Convention proposed by ICAO would largely depend on the extent to which courts would be ready to embrace the compelling scientific findings with regard to mental distress and its application within the term 'bodily injury'. Taken together, these points when the current under Article 17 of the Warsaw Convention, 'physical injury' notion of 'mental injury' is to be extended. Of course, the current terms of the Warsaw Convention have been maintaining a precedent for many countries appear to have a statue of the original purpose of the treaty does not contribute to the diffusion. Therefore, in future treaties 'bodily injury', the term 'injury', the term 'personal injury' or 'health undermined' the term should be replaced or revised.

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The Carrier Liability System from the View Point of Chinese Civil Aviation Law (중국민용항공법상 항공운송인의 책임제도)

  • Kim, Sun-Ihee;Wu, Chun-Yan
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.2
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    • pp.199-220
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    • 2004
  • The Montreal Convention which came into force on November 4, 2003 over the world, has brought a fundamental change to the scope of carrier liability and expanded the sue scope of the carrier. Not only confirms the carrier liability, it also reflects the effects of code-share. In addition to integrate the existing principles that adopted by many conventions, the Montreal Convention has systematized the unity of international air transport into a single convention. It even successfully increased the extremely low compensation amount which was pointed out as a problem in the Warsaw Convention before. The Warsaw Convention, originally stood for the carriers, began to reflect the standpoint of the passengers. The Chinese Civil Aviation Law came into force on March 1, 1996. One of the significant characteristics of the law is that, the regulation on public and private law is mixed combined. Therein, the content of carrier liability system is prescribed in Chapter 9, which is explained in detail in this study. Besides, the relationship between the Montreal Convention and China will be expounded too. So far, China ranks the 5th in RPK and the 6thin FrK. However, in spite of the high ranks, China has not yet joined this convention. This can be regarded as a serious problem. China should join it as soon as possible for a further development and deeper cooperation with the air-industry-developed countries. Once the government ratifies the Montreal Convention, it will benefit both the Chinese passengers and the airlines.

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