• Journal of Fisheries and Marine Sciences Education
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• v.5 no.1
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• pp.23-30
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• 1993

The Korea Seaman's Act is providing that fishermen s salaries are exceptionally defined and working hours and paid leave are not defined at all. Significant problems of Fishermen's Labor Condition are, (1) It is hard to guarantee the basic right of fishermen as their wages are variable depending on the catch. (2) Excessive working hours would hamper the labor reproduction ability and increase the frequency of disaster. (3) Moreover, fishermen have to search for a new job following the lay off after working aboard during the period defined by contract. The possible implement of Seamen's Act are : (1) The wage system must be unified by regular wages. If it is hard to perish the lay system its relative importance should be diminished whereas the fixed minimum wages and the allowance depending on the position and working days should be paid. (2) This discrimination of the fishing vessels from merchant should be eliminated by removing the item on the Act which excludes the fishermen on the working hours. If it is hard to do so practically the lower regulations defining the maximum periods of duty and minimum periods of rest for fishermen must enact separately as in Japan and England. (3) The difference in the provisions of paid leave between the merchant seamen and fishermen must be abolished (4) It is the most desirable to improve the fishermen's labor conditions through the completion of the Act. However, before doing this, the employers and employees must try to solve the problems through the collective agreement by themselves.

• Journal of the Korean Society of Food Science and Nutrition
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• v.33 no.7
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• pp.1162-1168
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• 2004

In this study, based on SSOP (Sanitation Standard Operating Procedure) for HACCP in Food Sanitation Act, essential facility, equipment and documentary records for HACCP implementation were identified. Usage and adoption of these devices at Korea Food ＆ Drug Administration appointed HACCP foodservices ("Appointed"), voluntary HACCP applying foodservices ("Voluntary applying") and HACCP non-applying foodservices ("Non-applying") have been compared. Total 46 contract foodservices were surveyed： 13 "Appointed" (65％ of nation-wide all appointed food services in February, 2002),17 "Voluntary applying" and 16 "Non-applying". For usage and adoption of facility and equipment, 18 out of total 27 surveying items showed significant differences at the three foodservice groups (p＜0.01 or p＜0.05). Specifically, following items showed lower usage than 70％ in the "Appointed"： ′A trench including grease trap′, ′3-compartment sink with hot water′. Regarding CCP monitoring tool installation, 8 out of total 9 items showed significant differences among the groups (p＜0.01 or p＜0.05). For the usage of 10 documentary recording items for HACCP application log, 7 items showed significant differences among the groups (p＜0.01 or p＜0.05). Resultantly, most of those essential facilities, equipment and documentary records ;were used only in the "Appointed". The limited usages of those were showed for the "Voluntary applying" where the dietitian answered they applied HACCP voluntarily. The "Non-applying" didn′t have many surveyed items.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.25
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• pp.41-71
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• 2005

"UNIDROIT Principles 2004" focused on an enlargement rather than a revision. An additional Section or Chapter so to speak, which are about, the Authority of a Agents, Third Party Rights, Set-off, Assignment of Rights, Transfer of Obligations and Assignment of Contracts, and Limitation Periods have been added, while the only change of substance made to the 1994 Edition, apart from two paragraphs in the Preamble, and three new provisions in Chapter 1 and 2 which are necessary to adapt the Principles to the needs of electronic contracting. The Principles which have the nature of the restatement of international uniform laws (for example CISG) are continuous exercise. Therefore we should note whether in the future our concerns would be on a additional topics on a improvement of the current text by monitoring the reception of the "UNIDROIT Principles 2004" in practice, and the application by contracting parties. The purposes of the Principles may be classified into three ; the rules of law governing the contract, means of interpreting and supplementing international uniform law or domestic law, or models for national and international legislator. Among them, the function of governing law may be applied by the express choice by the parties or by the implied choice like "general principles of law" or "les mercatoria", and it may be applied in the absence of any choice of law by the parties. Among there importance functions, this writer would like to emphasize the function to supplementing international uniform law instruments. The reason is that the CISG which has been established as an international uniform sales act and to which our country would be a contracting State from March, 2005, needs a lot of gap-filling. For this purpose it is advisable the parties to insert following provisions in their contract. "This contract shall be governed by the CISG, supplemented when necessary by the UNIDROIT Principles 2004" Thus success in practice of the UNIDROIT Principles over the last then years has surpassed the most optimistic expectations. It is hoped that the 2004 Edition of the UNIDROIT Principles will be just as favorably received by legislators, business persons, lawyers, arbitrators and judges and become even better known and more widely used throughout the World.

• 한국무역상무학회:학술대회논문집
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• 2004.12a
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• pp.9-40
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• 2004

"UNIDROIT Principles 2004" focused on an enlargement rather than a revision. An additional Section or Chapter so to speak, which are about, the Authority of a Agents, Third Party Rights, Set-off, Assignment of Rights, Transfer of Obligations and Assignment of Contracts, and Limitation Periods have been added, while the only change of substance made to the 1994 Edition, apart from two paragraphs in the Preamble, and three new provisions in Chapter 1 and 2 which are necessary to adapt the Principles to the needs of electronic contracting. The Principles which have the nature of the restatement of international uniform laws (for example CISG) are continuous exercise. Therefore we should note whether in the future our concerns would be on a additional topics on a improvement of the current text by monitoring the reception of the "UNIDROIT Principles 2004" in practice, and the application by contracting parties. The purposes of the Principles may be classified into three ; the rules of law governing the contract, means of interpreting and supplementing international uniform law or domestic law, or models for national and international legislator. Among them, the function of governing law may be applied by the express choice by the parties or by the implied choice like "general principles of law" or "les mercatoria", and it may be applied in the absence of any choice of law by the parties. Among there importance functions, this writer would like to emphasize the function to supplementing international uniform law instruments. The reason is that the CISG which has been established as an international uniform sales act and to which our country would be a contracting State from March, 2005, needs a lot of gap-filling. For this purpose it is advisable the parties to insert following provisions in their contract. "This contract shall be governed by the CISG, supplemented when necessary by the UNIDROIT Principles 2004" Thus success in practice of the UNIDROIT Principles over the last then years has surpassed the most optimistic expectations. It is hoped that the 2004 Edition of the UNIDROIT Principles will be just as favorably received by legislators, business persons, lawyers, arbitrators and judges and become even better known and more widely used throughout the World.

• International Commerce and Information Review
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• v.12 no.3
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• pp.79-98
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• 2010

The National Conference of Commissioners on Uniform State Laws promulgated the Uniform Computer Information Transactions Act (UCITA) in 1999. In 2000 and 2002, this Act was also Amended. UCITA provides a comprehensive set of rules for licensing computer information, whether computer software or other clearly identified forms of computer information. Computerized databases and computerized music are other examples of computer information that would be subject to UCITA. It would also govern access contracts to sites containing computer information, whether on or off the Internet. UCITA would not govern contracts, even though they may be licensing contracts, for the traditional distribution of movies, books, periodicals, newspapers, or the like. Part 8 of UCITA provides a remedy structure somewhat modeled on that of Article 2 but adapted in significant respects to the different context of a computer information transaction. For example, 808 of UCITA recognizes the focus in a license context for a licensor's remedy should properly be on recovery for benefit conferred or for lost profit, rather than on damage measurement by a substitute transaction, where the license is non-exclusive so additional transactions are permitted and there is very little cost in reproduction of the information and its redistribution. Section 816 of UCITA also contains very important limitations on the generally recognized common law right of self-help as applicable in the electronic context.

• Convergence Security Journal
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• v.17 no.4
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• pp.31-37
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• 2017

This study compares the main features of the Act of National Contract with the Act of Defense Aquisition Program, which is the only one in Korea for long-term contracts. When applying the progress payments system to the defense R&D project, We can prevent disputes between parties and create a stable development environment through smooth partnerships. Smaller, direct and indirect losses can be alleviated, such as the waste of administrative power required to deal with disputes due to the payment of delayed prizes and restrictions on business activities due to the difficulty of forecasting the results of companies. In large measure, we will be able to procure a high-quality weapon system in a timely manner to support the security of the nation as well as international competitiveness through the growth of our defense industry.

• Journal of the Korean Dietetic Association
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• v.28 no.2
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• pp.67-84
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• 2022

This study aimed to explore the status of food service outsourcing behavior of long-term care institutions (LTCIs) through a cross-sectional survey using a questionnaire administered between July 16th and August 7th, 2020. The survey respondents were either dietitians or facility managers, who worked at 731 nursing homes, 477 group homes, and 673 day-care centers. Approximately 25.9% of nursing homes, 11.7% of group homes, and 33.1% of day-care centers used a managed-services company to operate their food service units. The main reason for outsourcing food service by nursing homes was related to the staffing of dietitians and cooks, whereas group homes and day-care centers outsourced food services due to factors relating to meal costs and the cooking process. Almost all the LTCIs entered into private contracts for outsourced food services. Only a few food service contracts included the types of meals, nutrition standards such as protein and calories per meal, and the parameter or ratio of food cost. Of the respondents, 84.5% from nursing homes, 87.5% from group homes, and 87.1% from day-care centers agreed that the quality of outsourced food services of the LTCIs should be regulated. Meals are essential for maintaining the health and functional status of LTCI users. As more LTCIs outsource their food services, we suggest the following: (1) Increasing the minimum dietitian staffing standards for LTCIs as per the Welfare of Senior Citizens Act and requiring at least one dietitian for every nursing home, (2) Making it mandatory to use a standard food service contract template when drafting food service contract, and (3) Developing realistic standards for food service operations considering the size and operation type of the LTCIs.

• Journal of Digital Convergence
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• v.9 no.6
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• pp.81-90
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• 2011

Companies using internet as a kind of marketing means are increasing rapidly according to the expansion trend of e-commerce through internet and consumers also use internet as the common means of purchasing necessary articles. E-commerce using internet has advantages without limitation to temporal and spatial accessibility and general consumers and unspecified individuals also use internet to purchase their goods as well as general transactions such as advertisement, contract, payment and claim settlement. 'In the age of information, invasion of personal information resulted from the development of information and communication technology is one of the greatest problems all the countries in the world face. Therefore, Personal information protection Act is one of basic laws to protect personal information and rights and it is also an essential law in the age of information. In that sense, new Personal information protection Act is the advanced act containing various items to minimize the national damages from the leaking of private information and protect right to informational self-determination in the information society. It is expected that this legislation contributes to reduce the leaking of private information, enhance the level of privacy protection and develop privacy related industries. However, active participation of all members of our society and improvement of their recognition should be preceded for the rational and legal use of private information and the settlement of its protection culture. While the purpose of Personal information protection Act can protect privacy from collection, leaking, misuse and abuse of private information and enhance national interests and protect personal dignity and value, it also must perform the roles of balancing privacy protection with liberal information flow.

• Journal of Navigation and Port Research
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• v.37 no.6
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• pp.617-625
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• 2013

"Sale and purchase brokers" are independent contractors who act as agents for principals intending to seller or buy ships in English Maritime Law. The essential feature is that legal position of shipbroker is largely one of agency. They can be obtained by a study of the Lloyd's Register or the equivalent registers of other Classification Societies, the American Bureau of Shipping and Korean Registers. Such a broker is of valuable assistance to the prospective seller or purchaser. And the broker's liability normally arises in the context of a contract. But, expressed in general terms, those contractual obligations are, in absence of contrary agreement, to act with reasonable care and skilled to obtain the cover requested by his client not to guarantee that such will be concluded and to ensure that the scope of the policy, its essential terms and relevant exclusions are made known to the insured. Acting in this professional capacity, the broker's liability are such that the facts upon which an action for breach of contract may be based may also found an action for the trot of negligence provided that there is shown to be the necessary 'assumption of responsibility' by the broker conveyed directly or indirectly to the insured. This thesis deals with liability of S&P Brokers, the legal problems of ship broking, commission, conflicts of interest and secret commissions in English Maritime Law and the Cases.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.37 no.4
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• pp.747-757
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• 2017

Of safety check regulation, 'Construction Technology Promotion Act' and 'Special Act on the Safety Control of Public Structures' contain provisions about the content of safety in construction works and the items of safety checks in the maintenance aspect and thus contribute to accident prevention in the construction industry. Of the regulations responsible for the practical safety of workers, the safety check regulation of Ministry of Employment and Labor demand for safety check from the start of construction based on an agreement with a concerned agency to the completion of construction solely based on 'Guidance Standards for the Specialized Disaster Prevention Instruction in Article 32 of Occupational Safety and Health Act' and 'Appropriation and Usage Standards of Safety and Health Management Costs in the Construction Industry'. There is, however, a huge gap, as well, in them according to client agencies. In small construction sites ordered by a private organization, checks are done formally with no detailed regulations. As a result, the costs of checks continue to drop with only the contract kept intact. This study examined the forms of safety checks practically done in the Jeju region, distinguished and compared them by the construction costs, calculated proper costs based on each construction act, and further proposed improvement measures for the detailed regulations.