• Title/Summary/Keyword: Legal Standards

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A Study on Convention of ILO Amending for Korean Seamen Act (선원법의 개정을 위한 ILO협약에 관한 고찰)

  • 황석갑
    • Journal of the Korean Institute of Navigation
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    • v.19 no.4
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    • pp.9-40
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    • 1995
  • Since Korean Seamen Act(herein after called "the Act") has been legislated in 1962, an amendment of the Act has duly performed several times in order to meet an essential guideline of appropriate international convention and practical requirement of domestic labour movement. As the Act in many area, is based on the application of international convention and regulations, it has been considered essential to call attention to such international rules, to emphasize their importance, and to indicate how and to what extent they may be incorporated in national law, in accordance with national constitutional rules and requirements. Of newly amended act in 1991, it could, however, not fully reflect an adequate and modern labour standard as a guideline of the convention. Therefore, a principal objective of this paper is to provide a comprehensive reference work to assist amending up-to-data seamen act against the Act. The guidelines, however, do not attempt to suggest or formulate a legislative programme, but rather provide an ordered and specific content corresponding to international convention adopted by ILO. Consequentially, these guidelines aim to direct the reader and legislator toward the sources and contents of what has come to constitute an international code of maritime labour standards. The guidelines described herein may also serve as a specific arrangement to the various kinds of legal aspects to be regulated through reasonable future amendment under amicable agreement between interesting parties.g parties.

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The IMO's Recent Work and Some Domestic Countermeasure to Ensure the Safety of Fishing Vessels and Crew (어선(漁船)과 선원(船員)의 안전(安全)에 관한 IMO의 활동(活動)과 국내적(國內的) 대책(對策))

  • Choe, Jong-Hwa
    • Journal of Fisheries and Marine Sciences Education
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    • v.3 no.1
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    • pp.44-49
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    • 1991
  • The IMO has made constant efforts for global safety control of fishing vessels operation. As the result varieties of documents, for example, the international conventions, the resolutions, the recommendations and codes were adopted by the Organization. And the Organization contributed to preparing the international standards of marine safety by persuading the member countries to ratify and enforce the documents. The author inspected the content of IMO's activities and recent movement to ensure the safety of fishing vessels and their crew, and obtained the following results in connection with domestic regime. The first is the future prospect and countermeasure against revision and effectuation of "The Torremolinos International Convention for the Safety of Fishing Vessels, 1977". The Authority of Korean Government should make preparations to receive into national legislation as a performance of liability of a party country to the Convention. Secondly, the current domestic legal system has not any serious issues on the education and training for the fishing vessels crew. It is merely necessary to establish and operate the training course for the low grade marine officers.

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Review of Planning on the Congregate Nursing Homes Based on the Case Study for the Local Friendly Elderly Welfare Facilities in Japan (일본의 지역친화형 노인복지시설 사례를 통해서 본 노인요양공동생활가정의 계획 방향)

  • Park, Jung-a;Kim, Sun-Tae
    • Journal of the Korean Institute of Rural Architecture
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    • v.18 no.1
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    • pp.1-9
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    • 2016
  • The purpose of this research is to explore the best examples from Japan to derive spatial and institutional characteristics. This study used the field survey method for 6 elderly welfare facilities in Japan. The characteristics of local friendly facility are as follows; First of all, since elderly care facilities in South Korea are separated from local community and facility plans are large-scaled and unified which are disconnected from local area, this research set aging in community, multi-function, diversity, and intergeneration into the concept that is necessary for local friendly facilities. Secondly, residential environment plan's basic directions are 1) plan that minimizes facilities-like atmosphere, 2) spatial plan that focuses on the elderly dignity and privacy, 3) comfortable and enjoyable communal living space plan, 4) local friendly and communicating plan, 5)plan that minimizes staff's care giving burden. Thirdly, the rooms necessary for local friendly facility model are composed of bedroom, dining room, kitchen, living room, garden, toilet, laundry room, bathroom, corridor, and office based on the legal installation standards.

Characterization of the Heavy Metals Contaminating the River Nile at El-Giza Governorate, Egypt and Their Relative Bioaccumulations in Tilapia nilotica

  • Morgan, Ashraf M.; Shin, Ho-Chul;Aty, A.M. Abd El
    • Toxicological Research
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    • v.24 no.4
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    • pp.297-305
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    • 2008
  • This study was carried out to measure the concentration of heavy metals (Pb, Mn, Cr, Cd, Ni, Zn, and Cu) in water and Bolti fish (Tilapia nilotica) samples collected from Rasheed branch of River Nile, north of El-Giza Governorate, Egypt by atomic absorption spectrophotometry. The investigated districts through which the branch passes include El-Manashi, Gezzaya, El Katta, Abo Ghaleb and Wardan. Based on WHO and FAO safety reference standards, the results of the current study showed that water and fish tissues were found to contain heavy metals at significantly variable concentration levels among the investigated districts. They were polluted with respect to all the metals tested at Gezzaya district. However, the levels of analyzed metals in water and fish tissues were found lower than legal limits in other districts. The heavy metals showed differential bioaccumulation in fish tissues of the different districts as the accumulation pattern (as total heavy metal residues) was district dependant as follow: Gezzaya > Wardan > El Katta > Abo Ghaleb > El Manashi.

Case Studies on the Effect of Nondocumentary Conditions in the Letter of Credit Transactions (신용장거래에서 비서류적 조건의 유효성에 관한 분쟁사례연구)

  • Lee Sang-Hun
    • Journal of Arbitration Studies
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    • v.15 no.3
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    • pp.175-205
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    • 2005
  • One of the important issues facing current letter of credit practice is the effect of nondocumetary conditions. A nondocumentary condition is a condition contained in the credit without stating the document to be presented in compliance therewith, so nondocumentary condition must be ascertained by reference to factual matters rather than by review of a tendered document. This study attempts to examine the regulations in UCP, ISP98 and UCC on the nondocumetary conditions and the opinions on the effect of nondocumetary conditions and to analyze various cases on the effect of nondocumetary conditions. The results of this study can be summarized as follows. Firstly, UCP, ISP98 and UCC stipulate that banks will deem nondocumetary conditions as not stated and will disregard then So the legal standards for nondocumetary conditions have established. Secondly, courts used to permit the effect of nondocumetary conditions on the basis of the Wichita rule, party autonomy. Thirdly, issuing banks and applicants should not attempt to put in any nondocumetary conditions in order to prevent disputes on the effect of nondocumetary conditions.

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A Study on the Standards for Regulating Obscenity on the Internet (인터넷상 음란물 규제의 법률적 기준에 관한 소고)

  • Jin, Kwangmyoung
    • Convergence Security Journal
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    • v.14 no.3_2
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    • pp.51-59
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    • 2014
  • Korea also has tried to regulate the obscenity which is floating on the Internet in order to protect mainly minors. There are many statutes enacted to prohibit circulating pornographies to minors. However, there were minors who independently disseminate the pornographies to other minors. In the end, I can tell that existing statutes have not at least effectively regulate the obscenity on the Internet. Therefore, this article examines a possible limit of pornography on the Internet for the protection of minors, reviewing the CDA and the U.S. Courts' decisions. This article also examines the existing statutes' standard for regulating obscenity on the Internet in Korea. In addition, the article also tries to make a proposal to Korean legal systems that govern the obscenity on the internet.

A Case Study on Complying Requirements of the Description of the Goods in Documentary Credit Transactions (화환신용장거래에서 물품명세의 일치성요건에 관한 사례연구)

  • Kim, Jong-Chill
    • International Commerce and Information Review
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    • v.10 no.3
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    • pp.239-261
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    • 2008
  • Documentary credit transactions are judged by the principle of strict compliance. The compliance of the tendered documents with the credit's teams ensures the proper completion of the underlying transaction. But if the documents tendered by beneficiary differ, a discrepancy of documents occurs. Such a discrepancy raises difficult problems for the bank to which the documents are tendered. It has to decide whether to reject or accept them or to accept them under a protective mechanism. Therefore, this study is to examine the case study of complying presentation of the description of the goods in documentary credit through the Korean Supreme Court Cases. The objectives of this paper are as follow : 1. To examine two point of views on document compliance such as strict compliance and substantial compliance. 2. To analyze Korean Case Law which challenges the legal conclusions, standard for examination of documents and New ISBP. 3. To draw out the criterion for conformity and discrepancy of description in invoices and WC and to provide the guidelines for determining the nature and extent of an issuing bank's duty of documentary compliance. 4. Finally to suggest some implications through the Korean case law. By using the examination standards for description of goods suggested in Korean Case Law and New ISBP, the traders will be able to prepare documentation more perfectly and document checkers will be able to examine the negotiation documents more easily.

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A Study on Acceptance of CDM/UCR in WCO as e-Customs clearance procedures (WCO의 CDM과 UCR을 수용한 전자통관시스템 발전 방안)

  • Ryu, Geun-Woo;Kim, Young-Chun
    • International Commerce and Information Review
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    • v.9 no.2
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    • pp.327-350
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    • 2007
  • A single window platform must be successfully established by implementing CDM/UCR in WCO and UNeDocs in UN/CEFACT, which is part of the framework of standards for secure and facilitate global trade. Core success factors in single window platform for international trade depend on political innovative capacity, advanced leadership of high ranking officials and departments in charge, effective collaborations between the ministries and offices concerned which are supported by supreme executives, self-controlled coordinations between users, convenience and access availability to users, promotion and marketing, identification on predictive impediments, financial raising and revenue model payable, communication's strategy, valid legal basis etc. To settle a stable ubiquitous e-trade platform, firstly, procedures and practices of customs clearance which different from one another mutually must be standardized globally. Secondly, the international standard electronic data exchanges must be introduced to facilitate and simplify customs clearing procedures by holding administrative informations in common between public institutions. thirdly, cooperative work model must be accepted with enhancing outsourcing business between reference groups (export-import firms and IT service providers).

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Non-Pathogenic Factors Affecting Somatic Cell Counts of Goat Milk (산양유의 체세포수에 영향을 미치는 비병원성 요인)

  • Kim, Min-Kyung;Choi, A-Ri;Han, Gi-Sung;Jeong, Seok-Geun;Oh, Mi-Hwa;Jang, Ae-Ra;Seol, Kuk-Hwan;Ham, Jun-Sang
    • Journal of Dairy Science and Biotechnology
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    • v.28 no.2
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    • pp.1-5
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    • 2010
  • Somatic cell counts (SCCs) of goat milk can vary widely depending on the counting methods used and non-pathogenic factors; the goat milk industry can be threatened by establishment of a legal standard based on the findings in cow milk. In Korea, SCCs have been excluded from the items that are analyzed under the "Livestock Products Processing and Composition Standards" in accordance with a recent NVRQS Notice amendment. From April to October, SCCs of 150 goat milk samples from 2 farms were analyzed using a Somascope calibrated with standard goat milk samples. Average SCCs of the samples was 598,000/mL, and significant differences were not found between farms and between breeds. SCCs increased from 3 to 8 months after delivery.

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Status and its Improvement of Comprehensive Water Quality Evaluation (물환경 종합평가의 현황과 선진화 방안)

  • Choi, Ji Yong;Lee, Jee Hyun;Lee, Jae Kwan;Kim, Chang Su
    • Journal of Korean Society on Water Environment
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    • v.22 no.5
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    • pp.748-756
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    • 2006
  • Accurate and timely information on status and trends in the environment is necessary to shape sound water quality management policy and to implement water quality improvement programs efficiently. One of the most effective ways to communicate information on water quality trends to policy-makers, scientists, and the general public is with comprehensive water quality indices. The derivation and structure of a water quality index (WQI) for the classification of surface water quality is discussed. The WQI generally developed through the selection, transformation and weighting of determinants with rating curves based on legal standards and quality directives or guidelines. The representative pollutants should be included in the index, and the relationship between the quantity of these pollutants in the water and the resulting quality of the water should be based on scientific results. The WQI be simply and meaningfully formulated that nonscientifically trained users can easily become familiar with the framework of the system and use the output data to evaluate their own pollution problems.