• 통상정보연구
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• 제5권2호
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• pp.19-45
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• 2003

The main issues addressed in this paper are as follows : First, this paper makes a distinction among types of e-money, IC card type versus Network type, open-loop type versus closed-loop type, online type versus offline type and accountable type versus unaccountable type, and analysis the clear and accurate criterion. Second, generally speaking, e-money is a claim on originator of e-money and not legal tender, so, delivery of e-money by itself does not relieve of monetary obligation. Between it is not easy to define e-money, by now there are many definitions of e-money, there is a legal uncertainty accordingly and then it is not easy to find proper law applicable to resolve a particular issue. As a result. many problems relating to e-money would be solved through analogical application of the moot proper law among the laws that apply to the cash, check, credit card, or fund transfer after analyzing type of e-money at issue. This paper studies the methods on diffusion of the utilization of electronic money. To diffuse the usage of electronic money, it need; prerequisitely as a basic conditions independence of electronic money, non-reusability, and anonymity. And also as a additional conditions it need; usability in the offline commerce, transferability, divisibility. And now electronic money is used very actively, but still has many Jaw problems such as protections of consumer, law enforcement, supervisory, etc. So electronic money has called as money, but it is sure that electronic money is not a legal tender. So to facilitate the economic function of the electronic monel it is need to supplement the electronic money in the legal sides.

• 무역상무연구
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• 제71권
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• pp.85-105
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• 2016

Independent guarantee is new financial product developed in international commercial transaction. The nature of independent guarantee is an independent undertaking, which takes the form of documentary transaction. As long as the documents presented by the beneficiary are on their face complying with the terms and conditions of the guarantee, the guarantor is obliged to pay upon the complying presentation. Where parties choose to apply for issue of independent guarantee in international commercial transactions in China, Chinese court shall respect the autonomy of parties. If either the guarantor or the beneficiary is located outside of China, or the facts which cause the establishment, change or cancellation of independent guarantee relationship occurred outside of China, it shall be deemed as foreign related independent guarantee. If the interested parties requests for confirmation of the independence of foreign related independent guarantee, it shall be supported by Chinese court. However, parties dealing with Chinese domestic commercial transaction have not fully realized the severity of independent guarantee liability. The market credit is being cultivated and the financial innovation is being explored at present in China. In order to guard against the systematic and the regional financial risk, before relevant rules are promulgated, Chinese court shall not recognize the independence guarantees issued for the domestic commercial transaction, but treat it as joint liability surety.

• 한국중재학회지:중재연구
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• 제8권1호
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• pp.323-352
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• 1998

Documentary letters of credit including standby letters of credit are governed by the independence or abstraction rule and the doctrine of strict compliance. Since the former rule requires the issuing bank to honor the drafts regardless of the defective performance of the underlying contract, the applicant(the customer) will be without a remedy if he is unable to make himself whole by litigation on the underlying contract. Therefore, the applicant is exposed to a risk much higher than in the commercial letters of credit. The Uniform Customs and Practice for Documentary Credit(UCP) has no provisions allowing legal relief for the applicant on the abuse of L/C by unscrupulous beneficiary, but UCC ${\S}5-114$ has provision allowing injunctive relief for the applicant. In this paper, I attempted to clarify certain standards of injunctive relief available for the customer in the credit. When there is fraud in the L/C transaction by any of the parties concerned, we must weigh the principle of independence or abstraction and the fraud rules. According to banking practice and judicial precedence, we need not keep the principle of independence and abstaction even in fraudulent transaction and the bona fide sufferer must be protected. The purpose of this paper is to review the studies of Fraud rule and the Injunction and to suggest the applicable standards for the Injunction therory under letters of credit. Specially this paper analysed the following ; (1) the guideline for the fraud (exception) rule to the autonomy principle, (2) the appilcable standards of the Injunction, and (3) the implications on parties concerned in letters of credit transaction. Conclusively, the Injunction should be granted if (1) there is clear proof of fraud (2) the fraud constitutes fraudulent abuse if the independent purpose of L/C (3) irreparble injury might follow if injunction is not granted or the recovery of damages would be seriously endangered.

• 국제지역연구
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• 제14권2호
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• pp.499-524
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• 2010

본 연구의 목적은 체제전환 국가들인 러시아, 체코, 폴란드의 중앙은행 독립성을 이론적 및 경험적 연구를 토대로 비교 및 평가하는 것이다. 중앙은행 독립성의 객관적 평가를 위해 인플레이션, 경제성장, 예산 적자와의 관계 및 독립성을 제한하는 정치 및 경제적인 요인을 함께 분석하였다. 일반적으로 중앙은행 독립성 확보는 시장경제의 성공적인 발전에 필수적인 조건으로 평가된다. 따라서 각국의 환율 변동, 인플레이션, 금융시스템에 대한 신뢰성 등 중앙은행의 독립성을 제한할 수 있는 금융 규제 문제를 함께 분석하는 것이 필요하다. 현재 중앙은행의 독립성 구축의 문제는 시장경제로 전환을 시도하고 있는 러시아, 체코, 폴란드에서 매우 중요한 문제이다. 이들 국가의 중앙은행들은 인플레이션 및 외환 시장 안정을 위해 물가안정목표제를 실시하고 있다. 또한 각국의 금융시스템의 지속 가능성을 향상시키기 위해 노력하고 있다. 즉 러시아, 체코, 폴란드의 중앙은행 독립성 확보는 시장경제의 완전한 정착 및 경제발전을 위한 궁극적인 목표라고 할 수 있다. 체코와 폴란드는 이미 EU 가입을 계기로 유럽 기준에 적합한 중앙은행 및 금융시스템을 구축하고 있다. 러시아의 경우도 중앙은행 기능 개선과 금융시스템을 개혁하는 과정에 있다. 그러나 현재는 서방과 같은 중앙은행 독립 모델을 사용하고 있음에도 불구하고, 여전히 법적, 경제적, 정치적 독립이 완벽히 실현되지는 못하고 있다. 그 이유는 중앙은행과 정부가 금융정책에 대해 종종 의견 차이를 보이고 있기 때문이다.

• 법제연구
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• 제53호
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• pp.61-107
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• 2017

올해로 한반도가 남과 북으로 분단된 지 72년이 흘렀다. 1945년 8월, 일제로부터 해방과 동시에 남쪽은 자본주의, 북쪽은 공산주의(사회주의) 이념을 바탕으로 한 체제 갈등과 대립을 해왔다. 이러한 남북분단은 단순히 정치 경제체제에만 머물지 않고 법제도 역시 동질성을 찾기 어려운상황이 되어 버렸다. 그동안의 분단은 법제분단도 함께 동반되는 사회적현상의 결과를 낳게 되었다. 일례로 북한은 해방과 동시에 구 소련군의 주둔 하에 북한지역을 지배하면서 법적 안정을 위한 조치를 빠르게 취했다. 마르크스와 엥겔스의 역사적 유물론을 바탕으로 한 토지사유화 폐지 등 이데올로기적 상부구조의 변화를 가져왔다. 이러한 작업은 구 소련 등 다른 사회주의 국가들의경우와 같이 생산수단인 토지사유화 폐지 절차를 거쳐 국유화 정책을 단행하기에 이르렀다. 북한 정권은 민족적 독립완수와 반제적 반봉건적 관계 청산이라는 미명하에 토지개혁을 실시함으로 인해 분단 이후 남북한체제 간의 현격한 변화를 가져왔다. 본 논문에서는 우선 남북법제를 중점으로 지난 72년간 사회주의의 실험과정에서 자본주의와 대결하면서 단절된 북한 법제의 특성과 법적 환경을 탐구하고자 한다. 한편, 현재 통일을 위해 진행 중인 법제통합 연구의 현황에 대해서도 간략히 진단해 본다. 그리고 법제분단을 극복하기 위해 남북분단에 따른 남과 북 각각의 국가로서 법적 지위를 규명해 보고, 남북관계의 법적 성격과 북한법제가 갖는 한계성에 대해 살펴본다. 아울러 법제통합을 위한 기본방향을 모색해 보고, 법제분단 해소 방안을 제시하고자 한다.

• 한국중재학회지:중재연구
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• 제16권2호
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• pp.213-238
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• 2006

Deferred payment letter of credit is the L/C that makes the issuing bank to pay a beneficiary at maturity stipulated in the credit. In this deferred payment letter of credit transaction, is it possible that a confirming or nominating bank payor negotiate before maturity? and the confirming or nominating bank have legal protection when paid or negotiated before maturity? These problems are raised in argument. By the way, Korea, Switzerland, Germany, and Italy are positive on the above question, but France, United Kingdom, and Singapore are negative. Therefore, when using deferred payment letter of credit, it is required to keep in mind that the understanding of maturity stipulated in the credit is different among countries, legal principles of each nations, and researchers. And other problems are raised also as follows; the application of Fraud Rule and principle of independence and abstraction as nature of credit, when to pay credit amount to beneficiary, and refusal of payment due to poor quality. Finally, it is required to use deferred payment letter of credit, after full understanding of deferred payment letter of credit pointed out in this paper.

• 한국전문물리치료학회지
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• 제10권2호
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• pp.23-44
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• 2003

The purposes of this study were to investigate the accomodations for the disabled children of the elementary schools in Suwon and to give helpful information to the parents and teachers for the improvement of the independence of disabled children at school. We measured the ramps, toilets, doorways and other accomodations in 64 elementary schools according to the checklists. The checklists of these facilities were based on the legal requirements of "The Act for the Benefit of the Disabled, Elderly and Pregnant Women". The data was analyzed by descriptive statistics and the ${\chi}^2$ test. None of the investigated schools satisfied all the legal requirements of the facilities. Fifteen elementary schools had adequate accomodations for the disabled children which allowed them to move independently from the entrance of the school to their classrooms located on the first floor. Only eight of fifteen schools had elevators to access their classrooms upstairs. The schools were divided into two groups according to their construction dates; before and after April 11th 1998, when "The Act for the Benefit of the Disabled, Elderly and Pregnant Women" took effect. There were statistically significant differences in the number of toilets, the width of the toilet entrance, and the slope of the ramps between the two groups (p<.05). We suggest that the accomodations for the disabled children need to be established on a systematic and on-going basis in the future. The teachers and administrators should be more aware of the legal requirements for appropriate accomodations for the disabled children.

• 경영과학
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• 제28권3호
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• pp.31-45
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• 2011

This study aims to analyze determinants and complementarities of the technological innovation protection mechanisms of Korean manufacturing firms. The results of the inter-industry comparison show that there are differentiations of the determinants among industries. Independence between legal and strategic protection mechanisms is found in the high technology industry, whereas complementarities exist between them in the low technology industry. It implies that the firms should take into account their endogenous and exogenous factors to choose appropriate combinations of the mechanisms when they build up their innovation protection strategies. This study expects to contribute to establishing technological innovation protection strategies in manufacturing industry.

• 통상정보연구
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• 제11권3호
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• pp.125-144
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• 2009

The purpose of this study is to research the investment environment of Vietnam and analyze the actual investment state of Korean enterprises in Vietnam and seek for the points at issue. In general, the investment environment in Vietnam shows both a positive side and negative side. However Vietnamese market is a attractive one as ever for direct investment of Korean enterprises considering their constant economy growth, investment increase of foreign company for Vietnam, China risk. And the point at issue in investment of Korean Enterprises is as follows. That is, inclining to manufacturing, preference of independence investment, small-sized investment by small and medium enterprises, preference of greenfield investment, restricted purpose of investment, insufficiency of infrastructure for logistics, electric power, legal system. The results of the study indicate mainly that the investment of Korean enterprise into Vietnam needs a switchover of the third service trade-tertiary industry, collaboration with Vietnamese enterprise through joint venture investment, a large-scale investment for Vietnam domestic market and neighboring countries' market, practical use of M&A with existing Vietnamese enterprise and diverse purpose for investment.

• 가정과삶의질연구
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• 제15권2호
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• pp.127-140
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• 1997

Researches found that the attitude of adult married children played an important role for the satisfaction and stability of the elderly remarriage. Therefore this study focused on the children's perception of the elderly remarriage. The results were as follows: Sex was found to be influential to elderly remarriage. Males were more positive than females. The degree of sex-stereotyping and supporting experience of the elderly parents were found to influence on children's perception. adult children positively perceived elderly remarriage as giving emotional satisfaction mutual-dependence and liveliness or freedom of later life. Meanwile they negatively considered elderly remarriage mainly because of traditional public attitudes toward remarriage difficulties of adaptation with step-familes and financial or legal conflicts. Adult children regarded health character financial independence and children's agreement level as the most considerate factors whereas the elderly the adaptati n among step-family members marital adaptaion and public attitudes toward their remarriage.