• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.23
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• pp.39-70
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• 2004

On the above, character of Incoterms and CISG, applicability of Incoterms to the principles of interpretation of CISG for contracts terms, and to the regulations of delivery and payment of price in connection with applicability of Incoterms to CISG are discussed. Conclusions are as follows : Although both rules is regulations which have to understand in connection with int'l trades of goods but CISG is a comprehensive substantive law in connection with a whole dealing course. On the other hand Incoterms are detailed substantive law of performance for two important sphere, that is to say, delivery and payment in the field of performance of CISG. According to both rules, letter credit is realizing processes of detailed performance for delivery and payment. As professor of Honnold's opinion, the relationship between Incoterms and CISG is peculiar and complementary. Therefore instead of considering the both from a point of pure legal views which both rules raise many problems that still a wait well consolidated and acknowledged answers, we have th consider the both with L/C system that still constitute a main payment system. Particularly ICC and Uncitral know that they are not only directly and indirectly involved in regulating process of the both sets but also can apply Incoterms to CISG on connection with the use of L/C.

• Proceedings of KOSOMES biannual meeting
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• 2006.05a
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• pp.141-152
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• 2006

Along with unification world market, marine transportation has become important for international community. At the same tome, piracy, armed robbery and maritime terrorism which threaten marine transport have been issued in international society. International organization like a IMO has continued to regulate maritime crimes by international law and regulation. Bearing in mind the in importance of the issue, this article analyze maritime crimes covering piracy, armed robbery and maritime terrorism about definition and legal character and pointed out problems. Finally it suggest methods to enhance international regulation on them.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.57-84
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• 2009

This Study attempts to compare and analyze on Principle of Change Circumstances under th CISG, PICC and PECL which are covered international commercial contract. In many international commercial contract, time is very important because delays in performance are sanctioned heavily by substantial penalty clauses. When change in circumstances affects contract performance, the contract will often not be suspended or terminated. Therefore, principle of change circumstances is being prepared of fluidity of contract environment and its effect in general. Taking into consideration the problems relating to the renegotiation or adaptation in the cases of radical change of circumstances where the CISG applies, it is suggested that the contracting parties should make clear their intentions, that is, whether they will provide for the possibility of renegotiation where the price of goods has been altered by inserting a hardship clause or for the possibility of mutual discharge from liability in the cases of economic impossibility or hardship by inserting a force majeure clause. Such provision will be desirable especially in situations where there is a long term contract, the price of goods sold tends to fluctuate in the international commerce, or where especially in contracts subjected to arbitration, the parties subject their contract to legal sources or principles of supranational character. Therefore, this study has shown that the hardship provisions in the CISG, PICC and PECL has similarities to each a validity defense and an excuse defense. it was provisions that CISG governs this issue in Article 79, PICC Article 6.2.1, 6.2.2, 6.2.3 and PECL Article 6.111.

• Journal of Oral Medicine and Pain
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• v.33 no.2
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• pp.177-186
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• 2008

Forensic odontology can be defined in many ways. One of definitions is simply that forensic odontology represents the overlap between the dental and the legal professions. The most important function of forensic odontology to determine of human identity from dental character. We had found 7 unidentified human bodies in Busan metro politan city, 2007 and we have identified 5 bodies among them.

• Journal of radiological science and technology
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• v.17 no.1
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• pp.87-96
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• 1994

Accoring to the astonlshing progress of medical science, the medical roles of the radiologic technologist are increasing gradually and specializing highly. However, there are the wide disagreements the actual roles of the radiologic technologists at clinics and the relating rules of the medical law. Therefore, it is required that the medical law should be corresponded with the actual state. To solve these problems. this study has proceeded to make the survey of the present medical law and has tried to offer the most suitable theories to the actual state. This study includes the survey of relevant professional literatures. The major contents of this study are as follows. First, medical technician is written "技士" (in Chinese character) at the present medical technician law, and that word is written wrong. So, it should be replaced with "技師". Therefore, radiologic technologist should be written "放射線師". Second, the relations between the doctor and the radiologic tecnologist should be written the "request or other words" instead of "direction". Third, in spite of the rules of the present medical law, the medical act of radiologic technologist at clinics should be belonging to the boundary of medical practice. Forth, to present the appropriate medical service to the patients, legal status of radiologic technologist as a member of medical team should be established. Fifth, it is desired that Magnetic Resonance Imaging Technology as a business of radiologic technologist should be provided for in the medical law.

• Journal of Korea Technical Association of The Pulp and Paper Industry
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• v.40 no.4
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• pp.27-33
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• 2008

Polyethylene terephtahalate has been used in several areas such as fiber, film, bottle, and disposable products. Production of PET has been rapidly increasing these days. Since PET is a semi-permanent material, it has a non-biodegradable character in itself. Wasted PET products can cause serious environmental problems. Many countries around the world impose environmental legal restrictions over their abandonments. Many researches on the enviromental influence factors and treatment techniques of the wasted PET have been carried out. The main objective of this study is to develop a new sizing agent using recycling PET and improve its internal sizing effect. Dried powder of PET was used to make the modified PET. After extracting water-dispersible PET by subcritical hydrolysis, polyester resins have been extracted and triphenyl phosphate(TPP) has been added to obtain optimal internal sizing agent. It was found that the optimum dosage of TPP was 2% (per PET weight) and the hydrolysis temperature was independent on making the modified PET.

• KIEAE Journal
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• v.13 no.3
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• pp.51-60
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• 2013

The necessity of urban regeneration is recently increasing because of the deterioration existing urban area and the slowdown of new development operations. The urban regeneration is differentiated from other private operations by its public characters, which is the basis of public support. This character demands verification of the adequacy for public finance support by monitoring urban regeneration planning and operation. Therefore, this study aims to show the monitoring indicators and its application in legal system for urban regeneration through the examination of foreign countries cases. London, San Francisco, and France urbanism regulation and planning system show the measure for introducing urban regeneration monitoring system into korean urbanism institution. This study is significant by suggesting the circulation structure of urban regeneration by linking planning, operations and monitoring phases. The monitoring system permits improvement of urban regeneration by clarifying objects and ameliorating efficiency by continuos observation and application of its evaluation.

• Korean Linguistics
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• v.64
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• pp.117-168
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• 2014

The purpose of this study is to examine woodblock prints possessed at Komazawa University and Hosa Library which are most precedent versions among a number of different versions of Daemyeongryul- Jikhae. This study has determined that both of two prints are same version printed by identical woodblock and the print of Hosa Library out of them was the fine version printed at an earlier stage. Moreover, this study has compared the print of Hosa Library with that of Mansong's collection of books in Korea University, thus the distinction has been classified into 4 types and described in detail. From the analysis about the difference between the prints of Hosa Library and Mansong's collection of books, this study has extrapolated the versions of Daemyeongryul-Jikhae in the early period of the Joseon Dynasty. This study suggests that the print of Daemyeongryul-Jikhae in Hosa Library demonstrates revision of legal articles and literal translation of the articles and thus, it is valuable literature that provides a basis for revising error in later versions including the print in Mansong's collection of books. Since various simplified forms and variants of Chinese characters were used in the print of Hosa Library, it is useful literature for studying Chinese character culture which was prevalent in local at the early period of the Joseon Dynasty.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.87-130
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• 2015

In a case in which National Health Insurance Corporation (NHIC) pays medical care expenses to a victim of a traffic accident resulting in injury or death and asks the assailant for compensation of its share in the medical care expenses, as the precedent treats the subrogation of a claim set by National Health Insurance Act the same as that set by Industrial Accident Compensation Insurance Act, it draws the range of its compensation from the range of deduction, according to the principle of deduction after offsetting and acknowledges the compensation of all medical care expenses borne by the NHIC, within the amount of compensation claimed by the victim. However, both the National Health Insurance Act and the Industrial Accident Compensation Insurance Act are laws that regulate social insurance, but medical care expenses in the National Health Insurance Act have a character of 'an underinsurance that fixes the ratio of indemnification,' while insurance benefit on the Industrial Accident Compensation Insurance Act has a character of full insurance, or focuses on helping the insured that suffered an industrial accident lead a life, approximate to that in the past, regardless of the amount of damages according to its character of social insurance. Therefore, there is no reason to treat the subrogation of a claim on the National Health Insurance Act the same as that on the Industrial Accident Compensation Insurance Act. Since the insured loses the right of claim acquired by the insurer by subrogation in return for receiving a receipt, there is no benefit from receiving insurance in the range. Thus, in a suit in which the insured seeks compensation for damages from the assailant, there is no room for the application of the legal principle of offset of profits and losses, and the range of subrogation of a claim or the amount of deduction from compensation should be decided by the contract between the persons directly involved or a related law. Therefore, it is not reasonable that the precedent draws the range of the NHIC's compensation from the principle of deduction after offsetting. To interpret Clause 1, Article 58 of the National Health Insurance Act that sets the range of the NHIC's compensation uniformly and systematically in combination with Clause 2 of the same article that sets the range of exemption, if the compensation is made first, it is reasonable to fix the range of the NHIC's compensation by multiplying the medical care expenses paid by the ratio of the assailant's liability. This is contrasted with the range of the Korea Labor Welfare Corporation's compensation which covers the total amount of the claim of the insured within the insurance benefit paid in the interpretation of Clauses 1 and 2, Article 87 of the Industrial Accident Compensation Insurance Act. In the meantime, there are doubts about why the profit should be deducted from the amount of compensation claimed, though it is enough for the principle of deduction after offsetting that the precedent took as the premise in judging the range of the NHIC's compensation to deduct the profit made by the victim from the amount of damages, so as to achieve the goal of not attributing profit more than the amount of damage to a victim; whether it is reasonable to attribute all the profit made by the victim to the assailant, while the damages suffered by the victim are distributed fairly; and whether there is concrete validity in actual cases. Therefore, the legal principle of the precedent concerning the range of the NHIC's compensation and the legal principle of the precedent following the principle of deduction after offsetting should be reconsidered.

• Journal of Arbitration Studies
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• v.27 no.1
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• pp.59-84
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• 2017

The effects of an arbitration agreement depend on the legislative policy of the nation where arbitral awards are made and where awards are worked out in the private procedures. According to the main body of Article 35 of the Korean Arbitration Act, arbitral awards have the same effects on the parties as the final and conclusive judgment of the court. This is only possible if the awards are formed by satisfying all the legal requirements, have gone into effect, and have become final and conclusive. It is for the legal stability and the effectiveness of the settlement of disputes that the Act grants arbitral awards. While investigating the effects of an arbitral award, the character of the arbitration in which the party's autonomy applies should be considered, along with the substance of the disputes which parties intend to resolve by an arbitration agreement. The proviso of Article 35, which was added in the 2016 Act, says that the main body of the Article shall not apply if recognition or enforcement of arbitral awards is refused under Article 38. Two stances have been proposed in interpreting the proviso. One of them is that there are grounds for refusing the recognition and enforcement of the awards. The other one is that the ruling of the dismissal of a request for enforcement has been final and conclusive. According to the former, it is really unexplained as to its relations with the action for setting aside arbitral awards to court and the distinction between nullity and revocation, and so on. Therefore, its meaning must be comprehended on the basis of the latter so that the current Act system with revocation litigation could be kept. The procedures of setting aside, recognizing, and enforcing arbitral awards are independent of one another under the Act. It is apprehended that the duplicate regulations may lead to the concurrence or contradiction of a court's judgment and ruling. Thus, we need to take proper measures against the negative sides by interfacing and conciliating these proceedings.