• 제목/요약/키워드: Legal case

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화환신용장에서 사기배제법칙의 법원과 표준 (Legal Sources of Fraud Rule and It's Standard in Documentary Credit)

  • 오원석;김재성
    • 무역상무연구
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    • 제21권
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    • pp.99-127
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    • 2003
  • Legal sources of fraud rule in documentary letter of credit, which have their origin in Sztejn Case can be traced to various rules or laws of international or domestic level ; URCG, URDG and ISP98 as ICC Rules, and UNCITRAL Convention as an international uniform law, and UCC as a domestic law and U.K. cases. Among them the combination of "material fraud" in UCC ${\S}5-109$ and the detailed list of the types of misconduct in UNCITRAL Convention may provide the best solution or standard in real application of the fraud rule in letter of credit transaction.

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위성통신(衛星通信) . 방송(放送) 서비스영역(領域)의 확장(擴張) 정책(政策)과 법적(法的) 문제(問題) 고찰(考察)

  • 신홍균
    • 항공우주정책ㆍ법학회지
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    • 제8권
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    • pp.297-332
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    • 1996
  • It is well observed in the satellite telecommunication policy of several States that legal constraints imposed upon the service coverage of satellite telecommunication as well as broadcasting are to be relaxed in a progressive way. Major aspects of such policy change lie in the adoption of policy refusing traditional concept of national frontier. In the case of direct broadcasting satellite service, while a debate upon the legal issues regarding the spill-over effect of that service is no more major concern of the States, many multinational enterprises are looking for strategic alliance for regional or global DBS project. On the other hand, an implementation plan for connecting the world through global mobile personal communication satellite system is being pursued by several joint effort of multinational firms. Legal issues arise regarding the regulatory competence of each State, Especially, a controversial issue is concerning the sovereign right well recognized upon the regulation of telecommunication. This study is focusing upon the evolution of such policy change for the purpose of allowing us to expect future develpment of worldwide satellite telecommunication policy environment.

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중국에서 내국인 간의 투자계약 관련 중재 사례 검토 (A Case Study on the Investment Contract in China)

  • 장경찬
    • 한국중재학회지:중재연구
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    • 제24권2호
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    • pp.183-197
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    • 2014
  • 1. This study focuses on recent developments of trade transaction between Korea and China. The volume of trade is most rapidly increasing. There have been many items considered to ensure the proper, impartial, and rapid settlement of disputes in private laws by international arbitration. The article contains recent tendencies and proceedings of cases including place of arbitration, language, and so on. 2. The contract made between parties has led to some interpretational, legal questions. Interpretational questions rise mainly from differences of legal systems and legal questions on applying law. The characteristic features of the contract have different meanings, so some articles of the contract can be construed unlawful as a result. 3. As regards the Arbitration Act of Korea, Article 10, the Arbitration Agreement and Interim Measures by Court stipulate the following: A party to an arbitration agreement may request from a court art interim a measure of protection before or during arbitral proceedings. This article examines the application of Article 10 of the Arbitration Act of Korea.

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지반굴착분야에서의 사고발생시 법률적 대응방안 (Domestic Law and Legal Countermeasures for Ground Excavation related Accidents)

  • 이상호;나승민
    • 한국지반공학회:학술대회논문집
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    • 한국지반공학회 2009년도 세계 도시지반공학 심포지엄
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    • pp.671-676
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    • 2009
  • Accidents during ground excavation and temporary or permanent structure construction have always occurred regardless of how much technology improved. Many causes can be derived from various cases and technical revision has always been a matter of interest to the geotechnicians. But the legal procedures that follow the construction accidents have scarcely been studied by the geotechnical society even though it influences most on the everyday lives of the parties of interest. In this respect, this paper describes the current judicial system, law and legal practices for ground excavation related accidents along with several case studies on judicial precedents and presents methods that should be taken to improve the current judicial system.

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The Role of Forensic Engineering in the Diagnosis of Electrocution Fatalities: Two Case Reports

  • Mohammad Alqassim;Raneem Ewiss;Hamdah Al Ali
    • Safety and Health at Work
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    • 제14권1호
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    • pp.124-130
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    • 2023
  • The increase in the number of fatal electric accidents over the years has escalated the demand for specialized forensic engineers to determine their relevant technical causes. Likewise, the complexities associated with identifying the causes of electrocution accidents have prompted the General Department of Forensic Science and Criminology at Dubai Police to adopt a new methodology to diagnose electrocution accidents, consisting of an approach that involves medico-legal examination, electrical diagnosis of the evidence, and trace evidence analysis. This paper will discuss the application of the adopted method in further detail by unfolding two case reports. The first report outlines a case in which a worker got electrocuted at a construction site while attempting to turn on a lamp. The second case report involves the death of a technician in a workshop after trying to disconnect a washing machine from its plug. The methodology was utilized during the investigation of both cases, which were attended by the appointed forensic engineers and showed promising results.

해양 공공자연자원 피해보상의 법.경제적 평가 (Compensation for Injury to Publicly Owned Marine Resources : Legal and Economic Aspects)

  • 표희동;이흥동
    • 수산경영론집
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    • 제22권2호
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    • pp.53-74
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    • 1991
  • Interest on ocean environment has increased with the development of industrialized activities. Public marine resorces are defined broadly to include fish stocks, beaches, marine waters, recreational fishing, biota, waterfowls, shorebirds, seabirds and marine mammals But, it is not easy to analyze compensation for injury to publicly owned marine resources because the claimants do not exist clearly and the economic methodology of damage on public goods is not developed fully. This paper introduces basic idea of welfare economic theory and environmental legislation to the research question : How the economics and law can be applied to the case of damage on publicly owned marine resource. The paper discusses the concepts of willingness to pay (WTP) and willingness to accept (WTA). It is accepted generally that WTA is correct concept of welfare change in the case of damaged public goods. Four methods (compensating variation, equivalent variation, compensating surplus, equivalent surplus of measuring welfare changes are compared. Compensating variation(CV) is the best measure of welfare changes are compared. Compensating variation(CV) is the best measure of welfare changes caused by environmental damage. Vartia (1983) showed CV could be measured from the ordinary demand function using the differential equations. This paper also provides an overview of the emerging U.S. and Korea legal system for compensation for natural resource damages, with particular emphasis on U.S. legal system under Comprehensive Environmen-tal Response Compensation and Liability Act (CERCLA). These regulations are to include two different types of standardized procedures for assessing natural resources injury : Type A or simplified assessment techniques for small releases ; and Type B protocols that would include detailed and extensive assessment methodologies for major releases. Type A procedures are specified by Natural Resources Damage Assessment Model for Coastal and Marine Environment (NRDAM/CME) of the U.S. CERCLA provides a legal 'legitimization for the use of economic-based nonmarket valuation in the courts and have introduced appropriate and accurate nonmarket valuation methods based on willingness to-pay for damage assessment. By briefly reviewing economic theory and environmental legislation, we hope to help provide a better understanding of the compensation process and the economics of publicly owned marine resources in the U.S. and to integrate the economics and law of natural resources valuation into a single comprehensive package in Korea.

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급성심근경색과 심장압전이 동반된 A형 대동맥 박리: 부검 증례 (Type A Aortic Dissection with Concomitant Acute Myocardial Infarction and Cardiac Tamponade: An Autopsy Case)

  • 노상재;심명석;안애리;이호
    • The Korean Journal of Legal Medicine
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    • 제42권4호
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    • pp.172-175
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    • 2018
  • Aortic dissection is an uncommon, life-threatening medical emergency that is associated with a high mortality rate, and death from aortic dissection is mainly related to secondary complications, namely cardiac tamponade, severe aortic regurgitation, acute myocardial infarction, and abdominal organ vessel obstruction. Hence, prompt and accurate diagnosis followed by proper treatment is important for patient survival. Herein, we present a rare case of sudden death after aortic dissection with concomitant acute myocardial infarction and cardiac tamponade.

아스페르길루스 기관기관지염에 의한 사망: 부검 1예 (Death due to Aspergillus Tracheobronchitis: An Autopsy Case)

  • 유택균;최병하;이봉우;최영식
    • The Korean Journal of Legal Medicine
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    • 제42권4호
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    • pp.164-167
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    • 2018
  • Aspergillus infection is the most common cause of death due to fungi in immunocompromised hosts. Aspergillus tracheobronchitis is an uncommon but severe form of invasive pulmonary aspergillosis, which is limited entirely or mainly to the tracheobronchial tree and can often be life-threatening. We report a case of a 54-year-old man who died from Aspergillus tracheobronchitis without an underlying disease. Autopsy revealed an extensive yellowish plaque adhering to the trachea and bronchial wall. The microscopic examination of the trachea and bronchus revealed septate branching hyphae of Aspergillus.

연안침식방지를 위한 관리체계 개선방안 (A Study on Improvement of Management Framework for Coastal Erosion Protection)

  • 이문숙;박성욱
    • Ocean and Polar Research
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    • 제29권2호
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    • pp.155-165
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    • 2007
  • Recently, coastal erosion has become an important issue in relation to keeping territorial integrity of a nation as well as protecting the coastal marine ecosystem. This study examines some apprehensions about the effectiveness of the existing legal system concerning prevention of coastal erosion. After examining several case studies in Scotland, the USA, and the Netherlands, this study proposes appropriate revisional legal measures that can be applied in Korea: first, the coastal management act should be revised for stronger, enforceable and practical legal grounds emphasizing minimal coastal erosion; second, the proposed "Comprehensive Coastal Erosion Prevention Plan" should be established and implemented in four steps such as characterization of issues through surveys of stakeholders and demand assessment, plan establishment, execution, and maintenance and management; third, there is a demand to establish and implement a legal framework to support monitoring activities which provide important data and information to prevent coastal erosion; fourth, the chronic region of damage is designated as the "Vulnerable Area" to be protected and managed accordingly; fifth, the "Coastal Coordination council" is established and operated for developing an integrated coastal management policy and visions for sustainable coastal zone, as well as coordinating and intervention of any activities which may cause coastal erosion.

Measures for Automaker's Legal Risks from Security Threats in Connected Car Development Lifecycle

  • Kim, Dong Hee;Baek, Seung Jo;Lim, Jongin
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • 제11권2호
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    • pp.865-882
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    • 2017
  • To improve passenger convenience and safety, today's vehicle is evolving into a "connected vehicle," which mounts various sensors, electronic control devices, and wired/wireless communication devices. However, as the number of connections to external networks via the various electronic devices of connected vehicles increases and the internal structures of vehicles become more complex, there is an increasing chance of encountering issues such as malfunctions due to various functional defects and hacking. Recalls and indemnifications due to such hacking or defects, which may occur as vehicles evolve into connected vehicles, are becoming a new risk for automakers, causing devastating financial losses. Therefore, automakers need to make voluntary efforts to comply with security ethics and strengthen their responsibilities. In this study, we investigated potential security issues that may occur under a connected vehicle environment (vehicle-to-vehicle, vehicle-to-infrastructure, and internal communication). Furthermore, we analyzed several case studies related to automaker's legal risks and responsibilities and identified the security requirements and necessary roles to be played by each player in the automobile development process (design, manufacturing, sales, and post-sales management) to enhance their responsibility, along with measures to manage their legal risks.