• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.12
• /
• pp.227-252
• /
• 1999

In this Article the writer introduces the origin and preparation of "the UNIDROIT Principles of International Commercial Contracts". In May 1994 the Governing Council of the UNIDROIT gave its formal imprimatur to the UNIDROIT Principles and recommended their widest possible distribution in practice. After brief discussion of the establishment procedure of the UNIDROIT Principles the writer discusses the legal nature of the Principles as an international restatement of contract law. The UNIDROIT Principles has more flexibility than international convention. But it has deficit in the sense of legal stability. Also the scope of application of the Principles was discussed. It can be applied only to the international commercial contracts. It includes two basic principles in it's application, i. e. "commercial contracts" and "international contracts". For the rest of the Article the writer concentrates on the contents of the Principles and the basic ideas underlying the Principles from the point of view of the comparision between the UNIDROIT Principles and "the UN Convention on the International Sale of Goods" (CISG). The UNIDROIT Principles are only restatements and the CISG is an international convention. The application of the CISG is obligatory due to its nature as an international convention. In the contrary the possibility of the application of the UNIDROIT Principles is more flexible. The UNIDROIT Principles is a more comprehensive instrument than CISG. Therefore it can be applied to all kinds of international commercial contracts. In the contrary the CISG can be applied only to international sales contract. Since CISG only deals with contracts for the sale of goods, and the scope of the UNIDROIT Principles is much wider, no overlap can occur where contracts other than sales contracts are concerned. Rather the UNIDROIT Principles can supplement the CISG and the CISG also can be criteria in interpreting the UNIDROIT Principles. As the conclusion the writer summarizes the meanings of the UNIDROIT Principles and presupposed the futur perspectives of the Principles.

• The Journal of the Korea institute of electronic communication sciences
• /
• v.6 no.5
• /
• pp.757-763
• /
• 2011

This study was intended to identify the problem of the lien in relation to the real estate auction and present its improvements in terms of procedural laws. To resolve the problem of the lien in the real estate auction, it is valid that the Vollstreckungsgericht needs to set the certain standard in relation to the possession of real estate and notify it at the first date of sale by judging whether the lien can be established. And the institutional improvement is required to obligate one to report the lien in the procedures of the real estate auction and reinforce the survey of the present condition of the lien. And it is necessary to impose the more public confidence on the statement of sale by including the matter of the lien in it. In addition, it is necessary to reinforce legal punishment to the false and fictitious lienholder and establish the legal stability of the lien in the process of the real estate auction.

• Convergence Security Journal
• /
• v.19 no.1
• /
• pp.61-66
• /
• 2019

Cyber space is a place where free activities are guaranteed. However, it is also true that not all individuals and countries strive for peaceful cyberspace, and that there is a growing tendency to gain unfair advantage through this space. Therefore, the state should reform laws and institutions to keep cyberspace safe. By establishing the "Basic Law on Cyberspace" which includes the law of the state law on cyberspace, it is necessary to be able to recognize and respond to the direction of the national legal discipline on cyberspace. The development of digital forensics is an urgent task due to the rapid development of IT. However, if the law is delayed for various reasons, some of the existing laws should be amended to improve the stability of the law in accordance with the circumstances. To this end, it is necessary to revise the "Information and Communication Infrastructure Protection Act", "Information and Communication Network Enhancement and Information Protection Act", "Integrated Defense Law", "Establishment of Defense Information Infrastructure Infrastructure and Defense Information Resource Management Act".

• Journal of Arbitration Studies
• /
• v.32 no.1
• /
• pp.71-91
• /
• 2022

The legal integration in the European Union that seeks a unified system in consumer disputes and the German Consumer Dispute Mediation Act based on this pursues the procedural fairness of consumer disputes and the equality of results. The role and legal status of the dispute mediator, who plays a very important role in this process, and the stable operation of the dispute resolution system and the guarantee of reasonable results through the guarantee of fairness and independence are very important values. In particular, the dispute mediator under the Act is conceptually different from the existing mediator or mediator, and through this distinction, the duties and contents of the dispute mediator are also distinguished. For this reason, the qualifications of dispute mediators that affect the outcome of dispute mediation are strictly stipulated. There have been some criticisms of this strictness, and such strictness is also seen as an excessive limitation. However, these standards can be understood as one of the efforts to make the dispute mediation procedure more systematic and to operate objectively in accordance with laws and procedures. In addition, in relation to the issue of independence and impartiality of the dispute mediator, the status of the dispute mediator is guaranteed in various aspects. In economic terms, it is not influenced by external factors, and furthermore, in order to guarantee job stability, the results of job security and dispute resolution are not linked. By examining the appropriate level of discipline for these dispute mediators, we expect the developmental growth of the consumer dispute resolution system under our Act.

• Journal of Advanced Navigation Technology
• /
• v.15 no.5
• /
• pp.687-695
• /
• 2011

The defect caused by the software industry that is the source of knowledge-centric, information-centric and technology-centric affects an engine which operate a major role for operation of aircraft. Therefore, we should minimize the danger from the defect by strengthening the stability of aviation through the stability analysis of software. In this paper, we examine the laws and systems about the aircraft defects and software safety and propose the enhancement and the enactment of the law or measures to strengthen aviation safety. We should the existing law or system as items, such as the revision related to the safety analysis, standards of quality assurance including safety, application of quality assurance that you must attach the safety analysis report, assessment of detailed instructions of certification authorities. In addition, we should enact the new law and system as items such as the mandatory software evaluation and certification, continuous assessment based on the software life cycle, mandatory introduction of a standardized development methodology, strengthening of advanced workforce system. We can expect the improvement of software quality and an enhanced aviation safety by improving existing laws or systems and enacting new laws or systems.

• The Journal of the Korea Contents Association
• /
• v.19 no.12
• /
• pp.141-150
• /
• 2019

The purpose of this study is to explore the necessity and possibility of establishing a research institute for local educational autonomy where the importance and necessity of institution establishment and operation are increasing with the decentralization and educational autonomy. The necessity of establishing a local educational autonomous research institute was examined in terms of both external and internal necessities, and the possibility of establishment in terms of the form of establishment, financial resources, and legal basis. In order to effectively cope with common issues by leading the nation's educational autonomy policy and legal agenda, and to support regional policy research and development by linking and cooperating with regional educational policy research institutes, local educational autonomous research institutes are established. This is an urgent point. Considering the publicity, professionalism, economic feasibility, and stability of specialized research institutes, the form of foundation corporation seems to be appropriate, and, like the case of specialized research institutes in general local autonomy, legal grounds for the establishment of special law should be prepared. In the future, it is necessary to conduct collaborative discussions and academic discussions with the Ministry of Education and the National Council for Superintendents of Education.

• Journal of the Korean Society of Environmental Restoration Technology
• /
• v.11 no.1
• /
• pp.1-13
• /
• 2008

This study review of Compositional Evaluation Items for Environmental Conservation Value Assessment Map (ECVAM) in Korea. The ECVAM is composed of legal assessment and environmental/ecological assessment items. ECVAM basically adapts an overlay method for environmental/ecological assessment items. The objective of this study is to suggest supplementary items for the ECVAM with the following process : Overlapping rates of the assessment items in the ECVAM are calculated to understand the grade distribution of the environmental conservation value assessment and to analyze the overlapping rates among the assessment items, as a result it is found that various items are overlapped each other. In order to reflect effectively each assessment item to the ECVAM, Analyzed the overlapping degree among assessment items to be applied to this map. On the concrete we gripped results to be assessed by various items, which were overlapped each other. In order to reflect effectively each assessment item to the environmental conservation value assessment map of national land, we analyzed the overlapping degree on environmental/ecological items, and investigated the grade distribution by field survey. In this study we assessed the ECVAM by 5 kinds of method. Method 1 is Grade 1 areas of each administrative district, Method 2 is Comparing overlapping areas of each assessment items Grade 1, 2 and Permission of each assessment items' duplication, Method 3 is Grade 1, 2 areas by only singular assessment items, Method 4 is Only Grade 1 areas of Method 2 and Method 5 is Only Grade 2 areas of Method 2. As results, Method 1 showed Seoul and other metropolitan cities reveal a high proportion of Grade I regions by the legal assessment items. Kangwon-Do, show a high proportion of Grade I regions by the environmental/ecological assessment item. Method 2 showed 93.4% of diameter Grade II(standard for stability), forest diameter item was accounted for 99.9% by Method 3, Method 4 showed 95.7% of forest diameter and forest density was accounted for 66.4% by Method 5. From now on, this study will contribute to reduce the complexity in the process of manufacturing ECVAM of National Land, and to raise the pliability in the process of managing and updating this map.

• The Journal of the Institute of Internet, Broadcasting and Communication
• /
• v.19 no.5
• /
• pp.25-32
• /
• 2019

The purpose of this study is to investigate how to make a proper investment in ICO in the market. Previously, companies used to borrow money from banks or to obtain investments from venture capital (VC) and angel investors, but now ICOs are used as a new type of funding and financing model. The ICO sells the tokens or coins created on the blockchain openly online to raise the necessary funds, and provides the market value by paying the tokens or coins as much as the investment amount. According to this study, the limitations of the ICO market are (1) difficulties in evaluating the company, (2) uncertainties in investments, (3) lack of legal safeguards, and (4) measures to secure corporate stability after recruitment. At present, there is no way to cope with this systematically since the ICO is not protected in the legal framework. Nevertheless, we investigated the ways to make proper investment in the existing ICO market. In investing in ICO, investors should (1) consider investment methods and profitability, and (2) verify and judge investment fraud through various channels (ex. Homepage, composition team profile, etc.) and make investments based on this. This study will contribute to the formation of a healthy ICO market by understanding the newly emerged ICO market and studying the considerations when investing in it, thereby contributing to the right investor training and reducing the mass production of consumer damages caused by fraud. The limitation of this study is that the domestic ICO has not yet been examined in the legal framework, so further research is needed when policy changes occur in the future.

• The Journal of the Korea Contents Association
• /
• v.21 no.3
• /
• pp.626-633
• /
• 2021

In the event of a housing sale guarantee accident, the Housing and Urban Guarantee Corporation shall be responsible for the guarantee by refunding the moving-in money unless there are special circumstances to the contractor. The Housing and Urban Guarantee Corporation may refuse to perform the refund based on the Terms and Conditions Regulations Act, but disputes continue to arise between interested parties in this regard. Therefore, the purpose of this study is to study the problems and improvement measures for legal issues related to the implementation of the refund. First, the issue of guarantee effectiveness and scope of guarantee under the Terms and Conditions Regulation Act. Second, the problem of guarantee contract for conditional third parties of Housing and Urban Guarantee Corporation. Third, the problem of the attitude of the existing precedents of the Supreme Court was examined. As a result of reviewing these legal issues, it was confirmed that the interpretation of terms and conditions according to the implementation of the refund is being interpreted in accordance with the principle of good faith, but according to individual cases, precedents can be divided into positive and negative judgments. In addition, despite the fact that the housing pre-sale guarantee is a guarantee contract for a conditional third party, it was confirmed that the buyer suffered damages in good faith through active disputes with the interested parties. Accordingly, the Housing and Urban Guarantee Corporation proposed an improvement plan for roles and cooperation items to meet the purpose of establishment for the stability of the customer's housing.

• Biomedical Science Letters
• /
• v.13 no.1
• /
• pp.47-53
• /
• 2007

Due to wide abuse of antibiotics both in human and livestock use, the advent and spread of multidrug resistant (MDR) pathogens becomes a serious health problem all over the world. Since the development of new antibiotics is at a standstill in pharmaceutical industry, the choice of therapeutic antibiotics is getting narrower. In this study, in an effort to search new antibiotics, the antimicrobial activity of Paenibacillus DY1 isolated from Korean soil was characterized on its growth inhibition spectrum against various health threatening MDR strains, with its stability and chemical structure. Extracellular culture filtrate of Paenibacillus DY1 effectively inhibits the growth of all the tested MDR enteropathogenic Eshcherichia coli, enterohemolytic E. coli, and enterotoxigenic E. coli strains, at a similar level to that on the nonresistant control E. coli strains. It showed significant growth inhibition effect against the causative agents of class one legal communicable disease, MDR Salmonella typhi, MDR Salmonella paratyphi A, food poisoning bacteria, MDR Salmonella typhimurium, and other MDR Salmonella spp. The growth of all of 10 different MDR Shigella spp. strains and 6 different Vibrio spp. strains tested was also inhibited. The antimicrobial activity of Paenibacillus DY1 was well preserved after heat treatment, and was also stable in both alkaline and acidic environment. The antimicrobial activity was partially purified with Diaion HP20 column and TLC. By NMR study, the putative structure of the activity was postulated as an alkane having hydroxyl groups.