• Journal of Arbitration Studies
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• v.34 no.2
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• pp.3-26
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• 2024

The insolvency proceedings, which are collective debt processing procedures that equitably distribute properties of the debtor who is declared insolvency to multiple creditors, and the arbitral proceedings that resolve disputes over individual legal relationships between the parties differ in nature. However, there are no express provisions that directly regulate the legal relationships when the party to an arbitration agreement is declared insolvency. The presence of an arbitration agreement between the parties does not necessarily initiate the arbitral proceedings, the arbitral proceedings are initiated by the parties' application under the arbitration agreement. It is also necessary to examine the effect of the insolvency of the party to the arbitration agreement on the arbitral proceedings step by step. This paper reviews the cases in which the parties to the arbitration agreement have been declared insolvency before the commencement of the arbitral proceedings and have been declared insolvency during the arbitral proceedings. This paper examines how the effect of the arbitration agreement affects the insolvency proceedings when the debtor is declared insolvency after concluding the arbitration agreement and how the declaration of insolvency affects the arbitral proceedings when the debtor, who is a party to the arbitration agreement, is declared insolvency during the arbitration proceedings.

• Journal of English Language & Literature
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• v.57 no.1
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• pp.73-105
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• 2011

The purpose of this paper is to contend the importance of resurrection of fluid identity and ecological imagination for making the habitable biosphere in Marilynne Robinson's Housekeeping. Ruth as a narrator suggests the future-oriented vision that the environment and nature(mother) can be resurrected, crossing Fingerbone bridge of the boundary line of society/nature as a faithful follower of her aunt Sylvie and becoming the existence with a transparent voice despite of her absence. This novel is to rewrite the American pastoral. Based on the patriarchical way despite of the absence of Edmund Foster, Sylvia's conventional housekeeping is to divide between inside and outside of the house. Nevertheless, Sylvia's relentless efforts to keep her house intact turns out to be fragile. Contrasting with Sylvia, Sylvie's housekeeping is to recognize the continuity of inside and outside. She willingly accepts the reconciliation of the self, the nature and the society. After Ruth and Lucille's staying at night in the lake, they are diverged into going their own way. Ruth accepts Sylvie as a substitute mother. Lucille leaves the house voluntarily and go to her Home Economics teacher, Miss Royce, pursuing the ideal mother of symbolic society. Sylvie and Ruth has the more intimate bond, with their trip to the deserted house in the valley. Ruth meditates on the non-solidity of house and the resurrection of her family. Leaving their house to escape from the town people's legal enforcement, Sylvie and Ruth become transients. Although their history is completed by the drown-death publicly, they always want to visit Lucille's well kept house in Fingerbone. Therefore the method for making Ruth and Sylvie as the existences of ecological imagination return to the real world is to accept the reconciliation of nature and society. This novel is not limited as the binary opposition of vagrance/stability and transience/durability. The significant element of fluid identity can be composed of the interactions with transience and stability.

• The Journal of Fisheries Business Administration
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• v.11 no.1_2
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• pp.115-155
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• 1980

Nowadays managers of fisheries enterprises and users of accounting information have a considerable interest in the fishery right. The fishery right, which is given by administrative quarters, is referred to exclusive fishing right in a certain coastal fishing ground, and it has been one of the property rights since the turn of the century. The main purpose of this study is to provide an improved accounting method of the fishery right from the side of accounting. To achieve this purpose, legal nature of the fishery right should be understood in the first place, for the fishery right, an intangible asset, is a sort of property right guaranteed by the fisheries laws, According to the basic law in the fisheries "Fisheries Law, " the fishery right is broken down largely into three categories; culture fishing right, set fishing right and common fishing right. The legal characteristics of these fishery rights are as followings: 1. The fishery right is a private right. 2. The fishery right is a property right. 3. The fishery right is a right in rem, and legal provisions pertaining to land are applied to the fishery right with necessary modifications. In addition to the above fishery rights, the Fisheries Law provides some provisions on the so-called entrance right, and those who obtained the right are authorized to access to a certain common fishing right fishing ground where they have been traditionally fishing. In the inland fisheries, the fishery right system similar to that of the coastal fisheries discussed above is adopted in conformity with the Inland Fisheries Developing and Expediting Law. Viewing from an angle of accounting, there are two kinds of additional fishing rights which are dealt as assets. These fishery rights dealt as asset include the license of entry in the so-called permitted fishing which is also called as fishery right in plain language, and tile entrance right obtained abroad. Although these two kinds of rights are not the fishery right from a viewpoint of law, they are regarded as fishing rights in accounting which intends to provide a useful economic information.formation.

• Journal of Arbitration Studies
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• v.14 no.1
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• pp.133-156
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• 2004

The rapid development of the internet may not have occurred without techniques of linking and framing, which provide users flexible and easy access to other website. These techniques have enabled internet users to navigate the internet efficiently and sort through the products, services and information available on the internet. The Advent of the global information structure and the do-called EC revolution raise countless new issues and questions. There are no limitations regulating the expressions on the cyberspace due to internet's of quality anonymity? diversity? spontaneity. Therefore, the freedom of speech is expanded in both areas of time and space, which was impossible with the old communicating system. Although online technology raises many new legal issues, the law available to help us resolve them, at least today, is largely based on the world as it existed before online commerce became a reality. Thus the challenge is to predict how these new legal issues may be resolved using the current law. As a result of the drastic change of the environment for international trade of which that has taken took place in parallel with the global information technology revolution on a global basis, the scope of issues to be addressed which should be resolved by the conflict of laws principles has been remarkably expanded, and various new issues of an entirely which are quite new in its type and nature have arisen been raised. Further more in addition, the old act prior act was regarded as insufficient in that it lacked rules on international governing law to adjudicate, or international adjudicatory governing law, where as the expectation of the public was that the private international law should function as the basic law of the legal relational encompassing rules on governing law given the increase of It international disputes. for the move the private international law has also attracted more attention from the korean.

• Asia-Pacific Journal of Business
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• v.14 no.2
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• pp.201-212
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• 2023

Purpose - Internet-based e-commerce is rapidly developing and applied, and e-commerce through Internet technology overcomes the time and space constraints of existing business exchanges and facilitates multinational transactions.At the same time, disputes over e-commerce are increasing.In order to solve these disputes, clear laws should be regulated and regulated. Design/methodology/approach - This paper first studies the development and trend of E-commerce, then studies the legal provisions of CISG, and then combines them to analyze and draw a conclusion. Findings - Since its enactment in 1980, the CISG has been one of the most influential international commercial laws to date, with 95 States parties. It is a very important international agreement and norm that helps maintain and facilitate the settlement of international trade disputes and coordination of international merchandise sales activities. However, CISG, which is most widely used in traditional trade, faces many challenges due to the nature of E-commerce, but after studying the development and trend of E-commerce and the legal provisions of E-commerce, we conclude that CISG can be applied to E-commerce. Research implications or Originality - All the international conventions are the fruit of the efforts of the people, CISG, as one of the most important unitary laws of international trade, can be said to be representative.The analysis of CISG's legal provisions should be combined with the current international e-commerce trade form, so that CISG can be reasonably applied to modern trade disputes.

• Journal of the Society of Disaster Information
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• v.20 no.2
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• pp.379-389
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• 2024

Purpose and Method: Crowed Events can lead to sudden accidents caused by unpredictable variables. Therefore, focusing on the '10.29 Itaewon accident' among the representative cases, we examined the accident as the process of occurrence. In addition, improvement measures were suggested through analysis of related legal systems. Result: In the Itaewon accident, a "colony wave phenomenon" occurred due to "ultra-high-density cluster stay". In addition, cluster destruction occurred from a weak location in the cluster due to clusters and pressures in different directions to avoid this. Looking at the laws related to the safety management of Crowed Events, the laws and regulations differ depending on the location and type. Due to the complementary nature of the approach to the legal blind spot, the legal system that uses similar terms of the same concept and is not systematic is causing uncertainty in the application and interpretation of the law. Conclusion: Crowd control and on-site management should be carried out for events when the cluster density is expected to reach 8 people/m² or reached. Consistency should be maintained through the unified application of legislation to related legislation.

• Journal of the Daesoon Academy of Sciences
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• v.40
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• pp.77-114
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• 2022

The purpose of this study is to analyze the ideological background, legal composition, and separation of powers contained within the institutional devices of The Dao Constitution based on the basic principles of the legal system, which would be embodied in The Constitution of the Republic of Korea. The ideological background of The Dao Constitution is that of the religion, Daesoon Jinrihoe. In Daesoon Jinrihoe, it is held that the Supreme God, Sangje, determined that Mutual Contention, the ruling pattern of the Former World, ran contrary to His divine will and this endangered the world as nature and humans had also fallen into Mutual Contention. As an act of divine intervention, Sangje established Mutual Beneficence so that nature and humanity could follow Mutual Beneficence as a paradigm shift culminating in a Great Opening of the universe. Sangje, the agent behind the paradigm shift, revealed His divine will that humans transform into mutually beneficent humans. Therefore, The Dao Constitution was written to be a set of fundamental norms based on the 'rights and obligations of the members of Daesoon Jinrihoe' to accept and implement the will of Sangje as it applies to each member's mission. The legal composition of The Dao Constitution consists of the body and supplementary provisions. The text consists of general rules, moral rights and obligations, origins, and institutional devices. Institutional devices include the Central Council, the Institute of Propagation and Edition, the Institute of Religious Services, Works, Financial Management, and the Institute of Audit and Inspection. The legal composition of The Dao Constitution is similar to that of the Constitution. The difference is that while the Constitution applies a 'principle of maximum rights and minimum obligations,' The Dao Constitution stipulates more obligations than rights in order to complete the mission of the members. The principle of separation of powers is applied to the institutional devices in The Dao Constitution. In The Dao Constitution, the organizational form of the central headquarters has been divided into a 'before and after' scheme surrounding the death of Dojeon. The organizational form of the central headquarters prior to Dojeon's death was similar to a Constitutional Monarchy. After the death of Dojeon, the central headquarters' organizational form became similar to a parliamentary cabinet system. The separation of powers at central headquarters is divided among a legislative power (the Central Council), an executive power (the Institute of Religious Services), and a judicial power (the Institute of Audit and Inspection). The separation of powers within the functions of the central government first occurs between the Central Council and its employees, then between the Central Council and the Institute of Auditing and Inspection, and also between the Legislative Government and the Institute of Religious Services. Furthermore, the principle of a vertical separation of powers exists between the central headquarters and the local organization.

• Journal of Korea Trade
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• v.24 no.6
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• pp.19-36
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• 2020

Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.

• Journal of the International Relations & Interdisciplinary Education
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• v.4 no.2
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• pp.21-41
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• 2024

The The purpose of this study is to find the legal regulations of the National Education process monitoring team and challenges.The research method was used for literature research, and method of counseling, and methods.literature study used for national education process monitoring terminals related laws and status analysis, and legal interpretation was used for national education process monitoring related to the system and logic organize the system and logic of national education process monitoring.The interview was used directly and indirectly used to reduce errors in the development of law experts from the development of law and educational experts.The main contents of research was examined based on the need of legal nature and system based on the need of legal characteristics and system.Next, it was evaluated on the operation of the national education process monitoring team, and tasks based on these evaluation results. The results of discussion was presented separately divided into the issue of the Enforcement Decree of the Act, task, and the problem of the Enforcement Decree. The problem of the Enforcement Decree of the Act was discussed on the obligation of the purpose of the purpose of the purpose of the establishment, monitoring unit, monitoring unit and role of the compliance organization.The problem and tasks were discussed with negative synthesis of monitoring and monitoring complex definition of the qualification criteria for representativeity, monitoring range of monitoring and monitoring range of monitoring.As a result of these discussion, the reorganization and operation of the organization was requested to establish a special profit group based on expertise, there were room for special profit groups based on expertise.

• Asian Journal of Business Environment
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• v.9 no.3
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• pp.11-20
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• 2019

Purpose - The study aims to substantiate the approaches and principles of forming a model of social and labor relations adequate to the modern conditions of economic development. Research design, data, and methodology - The article deals with the issues of legal regulation of social and labor relations in the labor market of Kazakhstan; describes the current model of labor relations and its basic parameters; determines the external and internal factors; specifically, the influence of the new labor law on its further development in the direction of democratization and the establishment of social partnership as a regulatory institution in the labor relations field. Result - Result is the model of the system of social and labor relations proposed by the author, which allows us to cover the multifaceted nature of this phenomenon, to unite the influence of the external environment and the internal complex of their mutual relations and interdependencies. Conclusion - The creation of an effective model of social and labor relations should proceed from the multifaceted nature of their manifestation. This means that the theoretical and methodological basis for their formation should be a comprehensive approach to solving the problems of transformation and interaction of social and economic components.