• Title/Summary/Keyword: Law & Policy

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A Study on Korean Aviation and Tourism Policy in Relation to the EC and NAFTA Integration (EC 및 NAFTA 통합(統合)에 대비(對備)한 한국(韓國)의 항공관광산업정책(航空觀光産業政策) 연구(硏究))

  • Hong, Soon-Kil
    • The Korean Journal of Air & Space Law and Policy
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    • v.7
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    • pp.17-53
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    • 1995
  • The paper analyzes the impact of EC and NAFTA integration upon Korea and other 3rd countries and studies policies how to react against them particularly in the field of aviation and tourism industry. Chapter 2 introduces the contents of each step and process of EC integration in the field of aviation and tourism industry. Chapter 3 analyzes the contents of integration and cooperation of NAFTA in the field of aviation and tourism industry. Chapter 4 studies the regulation or deregulation policy of EC and NAFTA toward the industry of non-EC and non-NAFTA area. Chapter 5 surveys and analyzes about the policies and strategies of Japan, ASEAN and the 3rd countries. Finally, Chapter 6 analyzes the impact on Korean aviation and tourism industry and proposes some suggestions on the future policy of Korea independently or in association with the neighboring countries such as Japan and China against the integration of EC and NAFTA.

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A Study on the Rule of Warranty in the English Law of Marine Insurance (영국 해상보험법상 담보(warranty)에 관한 연구)

  • Shin, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.42
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    • pp.275-305
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    • 2009
  • Marine insurance contracts, which intended to provide indemnity against marine risks upon the payment of price, known as a premium, originated in Northern Italy in the late 12th and early 13th centuries. The law and practice were later introduced into England through the Continent. It is, therefore, quite exact that English and European marine insurance law have common roots. Nevertheless, significant divergences between English and European insurance systems occurred since the late 17th century, mainly due to different approaches adopted by English courts. The rule of warranty in English marine insurance was developed and clarified in the second part of the 18th century by Lord Mansfield, who laid the foundations of the modern English law of marine insurance, and developed different approaches, especially in the field of warranty in marine insurance law. Since the age of Lord Mansfield, English marine insurance law has a unique rule on warranty. This article is, therefore, designed to analyse the overall rule of the rule of warranty in English marine insurance law. The result of analysis are as following. First, warranties are incorporated to serve a very significant function in the law of insurance, that is, confining or determining the scope of the cover agreed by the insurer. From the insurer's point of view, such the function of warranties is crucial, because his liability, agreed on the contract of insurance, largely depend on in, and the warranties, incorporated in the contract play an essential role in assessing the risk. If the warranty is breached, the risk initially agreed is altered and that serves the reason why the insurer is allowed to discharge automatically further liability from the date of breach. Secondly, the term 'warranty' is used to describe a term of the contract in general and insurance contract law, but the breach of which affords different remedies between general contract law and insurance contract law. Thirdly, a express warranty may be in any form of words from which the intention to warrant is to be inferred. An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy. It does not matter how this is done. Fourthly, a warranty is a condition precedent to the insurer's liability on the contract, and, therefore, once broken, the insurer automatically ceases to be liable. If the breach pre-dates the attachment of risk, the insurer will never put on risk, whereas if the breach occurs after inception of risk, the insurer remains liable for any losses within the scope of the policy, but has no liability for any subsequent losses. Finally, the requirements on the warranty must be determined in according to the rule of strict construction. As results, it is irrelevant: the reason that a certain warranty is introduced into the contract, whether the warranty is material to the insurer's decision to accept the contract, whether or not the warranty is irrelevant to the risk or a loss, the extent of compliance, that is, whether the requirements on the warranty is complied exactly or substantially, the unreasonableness or hardship of the rule of strict construction, and whether a breach of warranty has been remedied, and the warranty complied with, before loss.

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A Study on the Process to Amend Laws Concerning Employer-Supported Child Care and the Improvement of Its Service (직장보육 관련법의 변화과정 및 직장보육서비스의 개선방안)

  • Kim, Ji-Hyun
    • Korean Journal of Human Ecology
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    • v.14 no.2
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    • pp.251-268
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    • 2005
  • This study analyzes the amendment history of Educare Law of Infants and Children, the Equal Employment Opportunity Law, and Employment Insurance Law, and also examines the present status of the employer-supported child care service through secondary analysis of other policy studies. The three laws concerning employer-supported child care can be said to hold in itself two main concepts: employers' obligations to provide child care, and government's financial support and administrative management. In terms of the first concept, laws have been amended to enlarge the number of enterprises legally-responsible for child care service and to relieve the financial burden from them. In terms of the second, laws have been amended to gradually extend the magnitude of government's financial support and to establish the systematic administrative management. Approximately a half of the policy target enterprises, however, is not complying the laws. In addition, employer-supported child care centers are only occupying less than 1% of the whole child care market. Thus, this study evaluates the current employer-supported child care service system and suggests several principles for its improvement.

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Future of International Space Law in the 21st Century: De Lege Ferenda (21세기 국제우주법의 과제)

  • Kim, Han-Teak
    • The Korean Journal of Air & Space Law and Policy
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    • v.18
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    • pp.185-209
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    • 2003
  • 이 논문은 21세기 우주개발로 인하여 제기되는 국제우주법의 장래 과제를 분석한 것이며 따라서 1967년 우주조약을 비롯한 기존의 5개 국제우주조약들과 '연성법'(soft law)으로서의 우주법인 5개의 UN결의들은 간략하게 소개하고 lex ferenda로서 제기되는 문제들을 중심으로 연구하였다. 21세기 국제우주법의 lex ferenda로 제기되는 문제는 다음과 같다. 첫째. 우주의 정의 및 경계획정문제와 지구정지궤도(GSO)의 성격과 활용의 문제가' 외기권 우주의 평화적 이용에 관한 위원회'(COPUOS)의 법률소위원회를 중심으로 어떻게 진행되고 있는가 하는 문제를 검토하였고, 둘째. 대기권 상공과 외기권 우주를 비행할 수 있는 새로운 우주운송수단으로 등장하고 있는 우주항공기(Aerospace Vehicle)가 기존의 항공법과 우주법의 관계에서 어떠한 법의 적용을 받아야 하는가의 문제를 검토하였다. 셋째. 그리고 통신위성을 이용하면서 발생하는 저작권법(copy right law) 및 지적재산권(intellectual property) 등의 문제 그리고 우주보험을 포함한 우주의 상업적 이용에서 발생하는 법규범의 문제를 검토하였고, 넷째. 우주활동으로 인해 발생하는 우주잔해(space debris)와 우주환경문제를 다루었다. 마지막으로 그리고 기타 국제우주법관련문제 특히 우주활동을 원활하게 수행하기 위한 '우주물체'(space objects)와 그와 관련된 용어들의 정확한 개념 정의를 명확하게 할 필요성과 우주의 상업적 이용과 우주의 오로지 평화적인 목적을 위하여 중요한 역할을 할 국제민간항공기구(ICAO)나 국제해사기구(IMO)와 같은 장래의 국제민간우주기구(International Civil Space Organization) 등의 설립문제를 검토하였다.

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The Study on EU ETS (欧盟航空减排交易体制评析) -From the Perspective of China-

  • Qin, Huaping
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.127-145
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    • 2011
  • European Union unilaterally included the emissions from aviation activities into EU ETS on 19 November 2008 by amending Directive 2003/87/EC. According to the Directive all the emissions(mainly against the CO2) from aviation activities shall be subject to the regulation of EU ETS from 2012. For the period from 1 January 2012 to 31 December 2012, the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 97% of the historical aviation emission s. From 1 January 2013, the allowances will be reduced to 95%. The allocation of allowances which may be applied by each operator with free of charge will be reduced from 85% to 82% from 1 January 2012 to 1 January 2013. Since the Directive will affect every country's airline industry more or less, the nations and international organizations respond variously. The controversial focus is that whether EU has the right to unilaterally include the emissions from international aviation activities into EU ETS. This article firstly analyzes the effect caused by EU ETS to China's airline industry, and then studies the legality of the action of EU subject to current positive international law, and finally draws the conclusion that EU enjoys no such right to unilaterally include the emissions from international aviation activities.

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Cultural Property in the territory of the North Korea considered from 'the law of the Democratic People's Republic of Korea on Protection of Cultural Property' (「문화유물보호법」을 통해 본 북한의 문화유산)

  • JI, Byong-Mok
    • Korean Journal of Heritage: History & Science
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    • v.36
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    • pp.39-67
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    • 2003
  • In this paper we examine cultural properties of the North Korea from 'the law of the Democratic People's Republic of Korea on Protection of Cultural Property". This law was adopted the Resolution of the Standing Committee of the Supreme People's Assembly of DPR of Korea in 1994. For our study, some other laws or rules established after the end of Japanese colonial occupation (1910-1945) in North Korea were examined. The policy on protection and conservation of cultural property in North Korea seems to have taken place a relatively rapid. The purpose of this law is to carry out the policy with a view to contributing to establishment of strict system and order for protection and management of cultural property, to their preservation in original state, to their proper inheritance and development, and to enhancement of national pride and confidence among the people. This law consists of 6 chapters (52 articles): (1) Fundamentals of the law on protection of cultural property, (2) Archaeological excavation and collection of cultural relics, (3) Evaluation and registration of cultural property, (4) Preservation and management of cultural property, (5) Restoration of cultural property, and (6) Guidance and control of cultural property protection. Nevertheless, it is difficult to find the evidence of efforts to exploit the cultural properties from an academic point of view in North Korea since the late 1980s.

Corporate Board Attributes and Dividend Pay-out Policy: Mediating Role of Financial Leverage

  • TAHIR, Hussain;MASRI, Ridzuan;RAHMAN, Mahfuzur
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.1
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    • pp.167-181
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    • 2020
  • The relationship between corporate board attributes and dividend payout is already established yet mediating role of leverage in not been examined in Malaysian market. Therefore, this study aims to examine the mediating effect of financial leverage on the relationship between corporate board attributes and the dividend pay-out policy. A sample of 203 non-financial firms listed on the BURSA Malaysia between 2005 and 2018 were analysed using SmartPLS 3.0. The findings show that there is a partial mediating effect of financial leverage on the relationship between board members age, board diversity and dividend pay-out policy. Financial leverage also mediates the relationship between number of women on board, CEO-duality and dividend pay-out policy. However, financial leverage doesn't mediate the relationship between board size and dividend pay-out policy. This study offers insights to policy-makers to develop a better corporate governance as well as a guidance to firms in the construction and implementation of their corporate governance policies in relation to financial leverage. This study also shed light on the influence of efficient corporate board attributes on dividend pay-out policy and financial leverage for firm growth. This study concludes that corporate board attributes impact capital structure and thus, firms may change its payout policy.

Legal Problems of Crimes against Aircraft Safety in Korean Law (항공안전 관련 형사특별법에 대한 연구)

  • Song, Seong-Ryong;Kim, Dong-Uk
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.69-100
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    • 2011
  • The penalty clauses of 'Aviation Act' and 'Aviation Safety and Security Act' going into effect now were legislated because the aviation safety is being more influenced by the aviation safety system compared to the ground or maritime transportation and it is possible the aircraft can harm to people and wealth located in the ground as well as threaten the safety of the passengers and crew on board when it is the target of crimes. However, analyzing the current acts, applicable objects and behavioral requirements of some provisions are too general, and they are providing severely high penalties in many clauses without separating applicable objects and behavioral requirements. In addition, there are some critical legislative defects and there is a problem in terms of law-applicable area in the legal system. It is inferred that these legislative problems of the criminal special-law related to the aviation were caused by following reasons; first, aviation security experts or policy-makers than criminal law experts attended more actively in the enactment process, second, the communication among specialist groups were not accomplished well enough.

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