• Journal of Arbitration Studies
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• v.32 no.2
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• pp.31-53
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• 2022

This paper examines various legal issues related to the assignment of monetary rights under UNIDROIT Principles. To this end, this paper examines the concept and the effects of the assignment of rights, the related legal structure and notice to the obligor, and some uses in practice (II). Then, as a matter of law in the context of the assignment of monetary rights under UNIDROIT Principles, this paper examines what may happen to the legal relationship between the parties and what practical considerations need to be taken by them when the obligor has legal defenses against the assignor, when successive assignments are made by the assignor, when the obligor exercises against the assignee its right of set-off before receiving the notice of assignment, when the assigned right does not exist at the time of the assignment, when any payment is received from the obligor before the notice of assignment is given, and finally when the obligor becomes insolvent or refuses to pay.

• The Journal of Economics, Marketing and Management
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• v.3 no.1
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• pp.23-32
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• 2015

Present monetary system is based on fallacies. The purpose of this article is to highlight the pitfalls in economic thinking. The article shows that this way of thinking leads to the creation of inflation which is the root of all evil. The analysis proceeds in different approach to the contemporary theory of money. An inflation- free monetary system is introduced. Monetary system is the set of mechanisms that controls money. In this broad sense, monetary system can be divided into three different systems. Each of them has different goal; National monetary system which aims to raise sufficient funds in order to reach an optimal level of output growth that maintains full employment and satisfies the economic requirements of the community. National redistribution system which aims to redistribute funds in order to sustain individuals at or above a specified material standard of living, and enable government to provide public services. International monetary system which aims to preserve rights of parties in foreign exchange transactions.

• East Asian Journal of Business Economics (EAJBE)
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• v.1 no.1
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• pp.8-16
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• 2013

Purpose: The objective of this paper is to identify and assess the contribution of budgetary, monetary and institutional shocks affecting the Tunisian economy over the period 1976-2003. The methodology used is vector autoregressive models and structural recent techniques for the analysis of time series related. The empirical results show a significant relationship between the supply shock and institutions on the one hand, and between institutional shocks and economic activity on the other hand. Research Design, Data and Methodology: As part of this section we will try to identify and assess the contribution of various shocks to macroeconomic variables' fluctuations for the Tunisian economy. The study period is: 1976-2003 and observations are annual. Results: The real business cycle theory argues that fluctuations in aggregate economic activity are the result of the interaction of the only real factors namely agents' preferences, technological opportunities, factor endowments and possibly certain institutional constraints. Conclusions: The lowest contribution to the variability of these rights is the monetary shock. As for "civil liberties", the largest share of their variability is the shock relating to the "political rights" during the first four periods .

• The Journal of Fisheries Business Administration
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• v.23 no.2
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• pp.91-99
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• 1992

It has been one of the critical issues that the researchers properly evaluate the fishing rights foregone by the coastal development activities like wetland reclamation. Particularly, estimating the productivity of concerned fishing rights is known to play a significant role in their monetary compensation. As a result, this paper attempts to develop a statistical model characterized by Cobb-Douglas production function in conjunction with the fisheries' productivity estimation. The primary hypotheses involving their statistical production function are as below : 1. The quantity of fisheries production is hypothesized to be expressed as a function of capital (K) and labor(L) put into fishing activities. 2. The estimated parameters of K and L are hypothesized to satisfy the conventional condition of production function as a form of Cobb-Douglas. These statistical tests reveal that the shellfish farming productivity heavily depends on the acre of mariculture while the input of labor force also considerably affects its productivity. In case of the fixed net fishing productivity, both the factors of capital and labor similarly affect the marginal change in its productivity. En addition, the productivity of shellfish (arming turns out to follow the increasing returns to scale, whereas that of fixed net fishing comes up with the decreasing returns to scale.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.83-139
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• 2019

Recognition of liability for damages due to medical malpractice has been developed largely on the basis of two paths. First is the case where there is an error in a physician's medical practice and this infringes upon the legal interests of life and body, and the compensation for monetary and non-monetary damages incurred from such infringement on life and body becomes an issue. Second is the case where there is a breach of a physician's duty of explanation that results in a infringement on the patient's right of autonomous decision, and the compensation for non-monetary damages incurred from such infringement becomes an issue. However, even if there is a medical error, since it is difficult to prove the causation between the medical error of a physician and the infringement upon legal interests, the physician's responsibility for damage compensation is denied in some cases. Consider, for example, a case where a patient is already in the final stage of cancer and has a very low possibility of a complete recovery even if proper treatment is received from the physician. Here, it is not appropriate to refuse recognition of any damage compensation based on the reason that the possibility of the patient dying is very high even in the absence of a medical error. This is so because, at minimum, non-monetary damage such as psychological suffering is incurred due to the physician's medical error. In such a case, our courts recognize on an exceptional basis consolation money compensation for losing the chance to receive proper treatment. However, since the theoretical system has not been established in minutiae, what comes under the benefit and protection of the law is not clearly explicated. The recent discourse on compensating for damages incurred by patients, even when the causation between the physician's medical error and infringement upon the legal interests of life and body is denied, by establishing a new legal interest is based on the "legal principle of loss of opportunity for treatment." On what should be the substance of the new legal interest, treatment possibility argument, expectation infringement argument, considerable degree of survival possibility infringement argument and loss of opportunity for treatment argument are being put forth. It is reasonable to see the substance of this protected legal interest as "the benefit of receiving treatment appropriate to the medical standard" according to the loss of opportunity for treatment argument. The above benefit to the patient is a value inherent to human dignity that should not be infringed upon or obstructed by anyone, and at the same time, it is a basic desire regarding life and a benefit worthy of protection by law. In this regard, "the benefit of receiving treatment appropriate to the medical standard" can be made concrete as one of the general personal rights related to psychological legal interest.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.71
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• pp.59-84
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• 2016

Among various export financing, Receivable Assignment is very important. Various countries make use of this method. But Korean law system have shortage of legal structure. This paper looks into Receivable Assignment relation to legal structure. And this paper analyze not only detail Korean civil law system about bond and receivable but also comparative other civil law system. Especially, Korean civil law of bond compare Germany civil law of bond or Japanese civil law of bond. In the context, This paper compares Korean civil law system about bond with International standard rule about bond. For example, It is UN convention on the Assignment of Receivables in International Trade and Principles of International Commercial Contract(PICC). This is good for the commercial party in terms of financing and receivable assignment. Thus this paper will establish Korean legal system direction. There are argument on method of making article and modifing article. The purposes of this paper is to examine revitalizing of Receivable Assignment. And this paper deals with improvement of International Commercial Activation.

• American Studies
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• v.43 no.1
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• pp.57-81
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• 2020

This article examines the repercussions of the US livestock industry Jonathan Safran Foer addresses in Eating Animal. According to Foer, eating(including consuming meat) has never been understood simply as a metabolism for getting energy, but a cultural foundation wherein an individual is able to construct one's subjectivity in relation to others. Eating meat thus entails not only varied layers of memories with family, friend, and society but also the ethical contact with the animal. US factory farms, however, transform this complexity of relation into a monetary system by which animals become a protein machine. This paper investigates the process of violent reductionism through which US factory farms convert livestock into a processed meat packet. In many ways, customers are liable for this sheer violence against animals as they unknowingly or willingly forget the reality of the US meat industry. Consequently, cheap meat writes back to all living things in that factory farms lead to not only animal cruelty but also environmental pollution and sick people. Foer thus encourages his readers to be more conscientious about the meat they consume as it is able to mediate the detrimental structure of capital the US meat industry brings about.

• KDI Journal of Economic Policy
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• v.32 no.4
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• pp.153-195
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• 2010

The recent global financial crisis has been the outcome of, among other things, the mismatch between institutions and the reality of the market in the current global financial system. The International financial institutions (IFIs) that were designed more than 60 years ago can no longer effectively meet the challenges posed by the current global economy. While the global financial market has become integrated like a single market, there is no international lender of last resort or global regulatory body. There also has been a rapid shift in the weight of economic power. The share of the Group of 7 (G7) countries in global gross domestic product (GDP) fell and the share of emerging market economies increased rapidly. Therefore, the tasks facing us today are: (i) to reform the IFIs -mandate, resources, management, and governance structure; (ii) to reform the system such as the international monetary system (IMS), and regulatory framework of the global financial system; and (iii) to reform global economic governance. The main focus of this paper will be the IMS reform and the role of the Group of Twenty (G20) summit meetings. The current IMS problems can be summarized as follows. First, the demand for foreign reserve accumulation has been increasing despite the movement from fixed exchange rate regimes to floating rate regimes some 40 years ago. Second, this increasing demand for foreign reserves has been concentrated in US dollar assets, especially public securities. Third, as the IMS relies too heavily on the supply of currency issued by a center country (the US), it gives an exorbitant privilege to this country, which can issue Treasury bills at the lowest possible interest rate in the international capital market. Fourth, as a related problem, the global financial system depends too heavily on the center country's ability to maintain the stability of the value of its currency and strength of its own financial system. Fifth, international capital flows have been distorted in the current IMS, from EMEs and developing countries where the productivity of capital investment is higher, to advanced economies, especially the US, where the return to capital investment is lower. Given these problems, there have been various proposals to reform the current IMS. They can be grouped into two: demand-side and supply-side reform. The key in the former is how to reduce the widespread strong demand for foreign reserve holdings among EMEs. There have been several proposals to reduce the self-insurance motivation. They include third-party insurance and the expansion of the opportunity to borrow from a global and regional reserve pool, or access to global lender of last resort (or something similar). However, the first option would be too costly. That leads us to the second option - building a stronger globalfinancial safety net. Discussions on supply-side reform of the IMS focus on how to diversify the supply of international reserve currency. The proposals include moving to a multiple currency system; increased allocation and wider use of special drawing rights (SDR); and creating a new global reserve currency. A key question is whether diversification should be encouraged among suitable existing currencies, or if it should be sought more with global reserve assets, acting as a complement or even substitute to existing ones. Each proposal has its pros and cons; they also face trade-offs between desirability and political feasibility. The transition would require close collaboration among the major players. This should include efforts at the least to strengthen policy coordination and collaboration among the major economies, and to reform the IMF to make it a more effective institution for bilateral and multilateral surveillance and as an international lender of last resort. The success on both fronts depends heavily on global economic governance reform and the role of the G20. The challenge is how to make the G20 effective. Without institutional innovations within the G20, there is a high risk that its summits will follow the path of previous summit meetings, such as G7/G8.

• Korean Journal of Social Welfare
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• v.68 no.2
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• pp.131-160
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• 2016

In this study, we analyzed determination of punishment of victimizers presented in sentencing(81 plaintiffs, 95 sentencing) for 55 cases involving child maltreatment fatalities between 2001 and 2015. The results showed that about 40% of main victimizers were imposed relatively minor punishment such as probation or imprisonment for less than 3 years. Judgments that deviated from lower limit comprised large proportion in connection with compliance with standards for statutory punishment and punishment determination. The elements of punishment determination, such as earnest rearing of child, psychological pain arising from death of child, sense of guilt, motivation that can be considered, were found to have a significant influence on mitigation of punishment although such elements could be judged differently, depending on perception or subjective tendency of judges towards child abuse. Even abetters in a position to prevent death of child were imposed minor punishment mostly by probation or monetary penalty. This study presented the need to reconsider the circumstances of punishment determination which has been conventionally mentioned in cases involving child maltreatment fatalities, such as first offender, accidental crime, person with parental rights, fosters, agreement with family of the deceased, etc. Moreover, this study suggested the need to reinforce child abuse prevention training for law enforcement officers and to revamp standards for determining punishment unique to the cases of child abuse in the future.

• The Journal of Society for e-Business Studies
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• v.15 no.3
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• pp.163-181
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• 2010

As a part of efforts to reduce the global emissions of greenhouse gases, the Kyoto Protocol was signed by major developed countries ("Annex I" countries). According to the Kyoto protocol, the Emission Trading Scheme that derives a trading market of the $CO_2$ emission rights is appeared. It causes that business institutions give lots of efforts to reduce $CO_2$ by using new environmentally sound technologies or increasing efficiency in production. On the while there have been several studies trying to develop a methodology to measure the effect of $CO_2$ reduction and its monetary value. In this research we suggest ECRE (Evaluation of $CO_2$ Reduction in E-transformation) model which can measure the $CO_2$ reduction effect through the introduction of G2B system. ECRC model was developed based on the IPCC methodology. ECRC model measures the two major effects of the $CO_2$ reduction which are '$CO_2$ reduction effect from transportation' and '$CO_2$ reduction effect from the decrease of paper use'. In this paper, we calculate the economic effect of $CO_2$ reduction with the case of the G2B system in Korea. This research suggests a basic methodology to measure the $CO_2$ reduction performance for the e-transformed institution.