• 무역상무연구
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• 제58권
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• pp.99-124
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• 2013

International commercial arbitration is a specially formed mechanism for the final and binding settlement of disputes arisen between contracting parties regarding procedures, structures or other contractual relationship agreed by them. It is a resolution system which is processed autonomously by arbitrators who are appointed by contracting parties without involving the national court. If the contracting parties want to settle their disputes by arbitration, there must be a valid agreement. With a valid agreement, the most important concern is which law(called as the substantive law) should be applied in order to determine the rights and obligations of both contracting parties in relation to the dispute. At this point, the substantive law is really important because it is applied to the dispute itself directly during proceedings as well as it plays an crucial role in scrutiny and enforcement of arbitral awards. This article discusses about the substantive law under international commercial arbitration, specially focusing on the regulations of the ICC rules of arbitration, which is the most widely used all over the world and UNCITRAL Model law, which most countries' rule and laws are based on. By discussing how these rules and regulations should be interpreted and applied, it is expected to provide practical help to practitioners when they agree on an arbitration agreement.

• 가정과삶의질연구
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• 제30권4호
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• pp.1-11
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• 2012

This study examined that the effects of fathers-in-law's and mothers-in law's acceptance-rejection on husbands' and wives' psychological well-being using APIM. Participants were 265 couples living Seoul KyungKi-do and JeJu Island, and their mean age was 39.16 (husbands, SD=7.39) and 36.45 (wives, SD=7.36), respectively. The results of APIM showed that, in father-in law model, actor effects of husbands (the influence of fathers in law acceptance-rejection for husbands on husbands' psychological well-being) were more significant than actor effects of wives (the influence of fathers-in-law's acceptance-rejection for wives on wives' psychological well-being), while partner effects of wives (the influence of fathers in law acceptance-rejection for wives on husbands' psychological well-being) more significant than partner effects of husbands (the influence of fathers' in law's acceptance-rejection for husbands on wives' psychological well-being). In mother-in law model, there were no significant differences both between actor effects of wives and actor effects of husbands, and between partner effects of wives and partner effects of husbands.

• 무역상무연구
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• 제47권
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• pp.319-335
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• 2010

The purpose of this study is to make clean the scope of insurer`s liability through theoretical interpretation and to understand some problems of various excluded risks in law and clauses relating to marine cargo insurance. This study suggest the problems related with the interpretation of the excluded risks in law and clauses. Through continued study on the excluded risks in law and clauses, we should make a system which will satisfy the assured in making the insurance contract.

• 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.

• 무역상무연구
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• 제12권
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• pp.461-494
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• 1999

This study is to analyse the applicability of governing law in multi-party contractual relationship of letter of credit. And this study is also to suggest the limits of the possibility of applicable law in multi-party contract. The contract of letter of credit constitutes complex relationship, i.e., applicant -beneficiary, applicant-issuing bank, issuing bank-intermediary bank ect. The law applicable to letter of credit should not use a singular governing law in all credit transaction as sales contract. To solve these problems, the author analysed the law applicable to the credit under multi-party contractual relationship as follow : (1) the principle of party autonomy (2) In the absence of express agreement with regard to the law applicable to the contract, lex loci contractus, lex loci solutionis, the law intended by the parties, the law with which contract is most closely connected. Accordingly, when attempting to ascertain the law governing the credit, it should be borne in mind that the credit involves several contractual relationships. I would like to conclude as follows: 1. The contract between the applicant and the Issuing bank is to be governed by the law of the country where the contract is made, and in which the bank carries on business and has issued the credit. 2. When it comes to the beneficiary-Intermediary bank relationship the following rule is given : The liability of an intermediary bank to the seller is governed by the law the country where the intermediary bank is operating if it is acting as principal. If, however, it is acting as agent(advising bank), it will be the law of the country where his principal is situate. 3. The contract between the beneficiary and the Issuing bank is governed by the law of the country where the payment is to be performed. 4. The contract between the Issuing bank and Intermediary bank is governed by 1) the law of the issuing bank is applicable if the intermediary bank only advises the credit, 2) the law of the issuing bank is applicable but if the intermediary bank makes payment, accepts or negotiates drafts against the tender of the documents, i.e., act as the bank dffecting the payment., 3) the law of the confirming bank is applicable if the irrevocable letter of credit is confirmed by the intermediary bank

• 한국자동차공학회논문집
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• 제17권5호
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• pp.115-126
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• 2009

This paper studied on the application of the crashworthiness regulations of Korean Railway Safety Law and Urban Transit Safety Law to the urban Maglev vehicle of KIMM. The Urban Maglev vehicle has to comply with the crashworthiness regulations for urban transit vehicles. The collision load cases have been simulated by using explicit finite element analysis. From the numerical results, the crashworthiness regulations of the Urban Transit Safety Law were completely satisfied, but maximum crash pulse requirement in 25 km/h crash event and no plastic deformation requirement in 10 km/h crash event in the Korean Railway Safety Law were not. If a commercial urban Maglev vehicle is developed in the near future, it is necessary that some soft buffing and energy absorbing devices are adopted in its front end so as to satisfy the crashworthiness regulations of the Korean Railway Safety Law.

• 무역상무연구
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• 제66권
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• pp.119-148
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• 2015

Generally, the liability for breach is defined as the civil liability that arises from the conduct of violation of a contract. There are two notable principles governing liability for breach that have fundamental impacts on the unified Contract Law of the People's Republic of China (hereinafter Chinese Contract Law) in the remedies. In China, during the drafting of the Contract Law, there was a great debate as to whether damages for breach of contract ought to follow the fault principle or to follow the strict liability principle. Ultimately the Chinese Contract Law follows the model of the CISG on this point, namely, it follows the strict liability principle (article 107) with an exemption cause of force majeure. Under Chinese Contract Law, it is interpreted as strict liability in principle. Strict Liability is a notion introduced into Chinese Contract Law from the Anglo-Saxon Law. The strict liability or no fault doctrine, on the contrary, allows a party to claim damages if the other party fails to fulfill his contractual obligations regardless of the fault of the failing party. Pursuant to the strict liability doctrine, if the performance of a contract is due, any non-performance will constitute a breach and the fault on the party in breach is irrelevant. This paper reviews problems of legal character or legal ground of contractual liability in Chinese contract law. Specifically, focusing on the interpretation of Chinese contract law sections and analysis of three cases related contractual liability in freight agency, the paper proposes some implications of structural features of Chinese contract law and international commercial transactions.

• 한국사회복지학
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• 제58권2호
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• pp.167-195
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• 2006

이 연구는 한일 아동복지법에 규정된 내용을 분석틀에 근거하여 비교하고, 그 결과를 토대로 향후 한국 아동복지법의 개정 방안을 제시하였다. 연구 결과, 양자에 있어서 아동의 참여권 규정은 2개 조항으로 나타났다. 일본의 보호급여는 일원화된 창구인 아동상담소를 중심으로 일시보호 기간 2개월 이내라는 신속성, 담당 아동복지사의 조사권한, 친권개입 등 공공성, 그리고 일선 가정아동지원센터와의 연계성을 확보하고 있다. 또한 4촌 이내가 아닌 아동의 일시보호 신고의무와 빠른 신고기간(영아는 1개월 이내)으로 법 규정의 실효성을 제고하고 있다. 이에 반해 한국의 일시보호는 대리보호 전 단계 조치의 기능을 하고 있다. 한편 일본의 장애아동 관련 조항이 전체 조항의 21.2%를 차지하고 있으나, 한국의 아동복지법에는 전혀 규정되어 있지 않다. 그리고 일본의 아동복지법은 대리보호의 최저기준 준수의무와 아동복지에 관한 국가의 재정부담 강제규정, 그리고 국가의 책임성 규정을 명시하고 있으나, 한국의 아동복지법은 이들을 명시하고 있지 않다.

• 항공우주정책ㆍ법학회지
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• 제7권
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• pp.205-263
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• 1995

• 항공우주정책ㆍ법학회지
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• 제13권
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• pp.85-150
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• 2001