• Korea Trade Review
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• v.45 no.1
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• pp.83-100
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• 2020

This study aimed to provide the most accurate analysis possible regarding the buyer's duty to examine goods and give notice, or the like, of non-conformity to the seller under Belgian law in comparison with the CISG and CESL. Even though Belgium is the capital of the Europe Union, most of its laws remain untranslated in English. Therefore, this study may offer key insights into the specificities of Belgian law, which while being derived from the French Napoleon Code has its own practices coded into its Case Law. It also makes a comparison with the new CESL and CISG in order to evaluate their respective influence on national law and other infructuous attempts to harmonize Belgian law for the internal European market. Evaluating the differences of each system in the spirit of comparative law may be a good basis for the development of laws in each jurisdiction.

• Journal of Korean Academy of Nursing Administration
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• v.9 no.1
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• pp.141-150
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• 2003

Purposes : This study was to investigate the job stress and turnover intention related to transfer of duty post of staff nurses working in general hospitals. Method : The subjects of this study were 384 staff nurses working in 6 general hospitals, with more than 200 beds, in Daegu and Kungbuk province in Korea. Data were collected through questionnaires and from Sep. 15 to Oct. 6, 2001. The used tool for measuring the degree of job stress was developed by Kim and Gu(1984) and the used tool for measuring the degree of turnover intention was developed Kim and Lee(2001). The data were analyzed into frequency, percentage, mean, standard deviation, t-test, ANOVA, Tukey's post hoc contrast, Pearson's correlation coefficient according to the purpose of study by use SPSS Win 10.0 statistical program. Results : The following are the results of the study: (1) Average score of the job stress, turnover intention of resignation of the subjects were 2.64 and 4.44. (2) The result of the analysis of job stress related to transfer of duty post was higher in job stress; not satisfaction of current duty post(t=-2.06, p=0.04). (3) The result of the analysis of turnover intention related to transfer of duty post was higher in turnover intention; period of the an advance notice when transfer to current duty post less than 7day(F=3.55, p=0.02), not satisfaction of current duty post(t=-2.45, p=0.02), want the transfer from current duty post(t=3.68, p=0.00). (4) The study reveals that there was statistically significant positive correlation relationship between job stress factors and turnover intention(r=.183, p=.000). Conclusion : The study which relating to period of the an advance when transfer and satisfaction of current duty post and reconsideration of transfer of duty post shows statistically significant difference between job stress and turnover intention. Therefore it is regarded that is needed to set a period of profer advance notice, grip on unsatisfactory factor of current duty post and intervention and management of the subjects were wanted transfer of duty post.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.71
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• pp.171-194
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• 2016

In the UK, the legal principle for the duty of disclosure established in Carter v Boehm case was codified in the Marine Insurance Act 1906("MIA"). The duty of disclosure under the MIA is the pre-contractual duty by the insured and therefore, the insured should disclose the every material circumstance that would influence a prudent insurer's judgement. If the insured violates the duty of disclosure, the insurer is entitled to avoid the insurance contract, regardless of whether there was the deliberate or reckless breach, which is unfavorable to the insured. The Law Commission reviewed the duty of disclosure under the MIA in detail and provided the Insurance Act 2015 for the purpose of enhancing the interests of the insured. The Insurance Act 2015("Act"),while the basic legal structure of the duty of disclosure under the MIA still remains, amends it in respect of non-consumer insurance and furthermore, integrate the duty of disclosure and the duty not to misrepresent into the duty of fair presentation of risk. And according to the Act, the insurer is required to more actively communicate with the insured before entering the contract with the result that, if the insured fails to disclose the material circumstance but provides the sufficient information to put the insurer on notice, the insurer should further inquire for the purpose of the insured's revealing the material circumstance. In addition, the Act details the insured's constructive knowledge of material circumstance by reviewing the current case law and introduces a new system for the insurer's proportionate remedy against the insured's breach of the duty of fair presentation of risk.

• Culinary science and hospitality research
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• v.6 no.2
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• pp.175-197
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• 2000

Eating out industry is typical human service industry to depend on human resources largely. Nevertheless, management of human resources in eating out industry is beneath notice. Degree of satisfaction at a duty of an employee must be grasped to offer good service to a customer. Human service of an employee is structural element of eating out industry and a direct instrument to make a profit Therefore, an offer of good service depends on a mental attitude of an employee though satisfaction at a duty. Therefore, this study investigates elements affecting satisfaction at a duty of an employee and presents actual remedies to a chive purposes of study with importance. To accomplish this duties, this study does theoretical studies on satisfaction at a duty and literature studies on general features of eating out industry. And, on the basis of it, this study does actual studies on satisfaction at a duty of an employee in small-scale eating out industry Therefore, to disperse burdensome amount of business due to human structure that do not differentiate between operation and cooking to operate organization that employee works by turns and rest, and to use well trained part-time worker will contribute to reduction of labor cost and promotion of morale of current employee.

• International Commerce and Information Review
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• v.11 no.1
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• pp.309-331
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• 2009

In 25th April. 2008, the Korea legislature gave advance notice on the Revision Bill of Commercial Law in Insurance Division in partial, one of which is the principle of utmost good faith to be codified in accordance with the effectuation of the Revision Bill enforcement. For this, even though the disclosure duty is not included in the Revision Bill, it should also be discussed in relation to the principle of utmost good faith because it is based upon the principle of utmost good faith and forms a part of utmost good faith. In Marine Insurance industry in Korea, there are the sections and the clauses in relation to the English governing law included in the Policies and the Clauses used in Korea and, also, they still come into effect for the Korea Courts' judgements. So. we, Korea, should carefully pay attention to the trend of English courts' leading case, academic world and insurance industry on the disclosure duty in U.K. This study is thus based upon sections 17 and 18~20 of the Marine Insurance Act 1906 and sections 651, 652 and 655 of Commercial Law in Insurance Division, which appear throughout this work. The objective of this work is to analyse the duty of disclosure on Korean and English Insurance Laws including cases cited in this work, comparing the differences resulted from the analysis of the two countries‘laws and legal cases.

• International Commerce and Information Review
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• v.11 no.1
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• pp.291-308
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• 2009

The implied obligation under the contract of affreightment not to carry dangerous goods without prior notice to the carrier applies to the contractual relationship between the charterer and the owner under charterparties. The charterers will be in breach of an implied undertaking under the common law if they load dangerous cargoes without making notice of dangerous nature of them to the owner. It is indicated to be necessary to change the term "shipper" to "charterer", with relation to such implied obligation, where the Hague/Hague-Visby Rules are incorporated into the charter, however, it is not so apparent where an actual shipper is involved. So long as an actual shipper could be identified, the shipper rather than the charterer shall be responsible for damages arising from the dangerous nature of the cargo itself. In this case, the actual shipper is interpreted to have an implied contractual relationship with the carrier just by the act of delivering the cargo to the carrier for loading. If the vessel were damaged by shipment of the dangerous cargo under charterparty, the carrier can claim against such damages based on the contractual obligations under charterparties: "implied and expressed duty not to ship dangerous cargo without notice to the carrier"; "Art.IV.6 of the Hague/Hague-Visby Rules"; "Indemnity Clause" and "Redelivery Clause". The carrier has the conventional right under the Hague/Hague-Visby Rules to land, destroy or render the goods innocuous where the dangerous cargo threatens the means of transport or other interests on board. When the carrier has not consented to make the shipment, the carrier's disposal right could be exercised without limitation. However, where the carrier has consented to make the shipment of the dangerous goods with the knowledge concerned, the right of disposal of such goods should be exercised with limitation.

• Korean Security Journal
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• no.49
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• pp.39-63
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• 2016

After its decision of 'constitutional nonconformity' about a night assembly on September 24th, 2009, then the Korean Constitutional Court decided the 'limited violation of constitution' saying, 'Even a night demonstration should be allowed to be held up to the midnight' on March 27th, 20104. Since such a decision, the revision of Assembly and Demonstration Act has not been done, and the revised act is currently pending on the National Assembly on October, 2016. Amid the controversy about the 'Legislative Deficiency', some articles of the Assembly and Demonstration Act are revised and created like the imposition of the fine about a ghost assembly and the notice duty of fact to hold an assembly, the police superintendent's recommendation about the assembly place and partitioned assembly holding by time in order to protect the people's basic rights and convenience. However, this revised bill of Assembly & Demonstration Act limits the duty of assembly withdrawal report only to overlapping assemblies and a police superintendent can only recommend about the partition of assembly place and time, but has not a certain authority to forcibly enforce, so it is expected that the recommendation will be eventually ended to a formal procedure. And as this revised act has no punishment article concerning the violation of the notice duty within 1 hour before holding an assembly in this revised act, so there is a problem that the police can't force an assembly to follow the article. This study proposed some political suggestions concerning the articles to be supplemented and corrected in the Assembly & Demonstration Act after analyzing its articles around its 2016 revised Act. The Assembly & Demonstration Act has several problems to be continually corrected and supplemented further including the matter of 'Night Assembly & Demonstration' which is in the condition of 'Legislative Deficiency' since 2009.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.16
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• pp.7-34
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• 2001

This Study analyzes the fact that whether or not, the applicant, by failing to object promptly to the facial discrepancies of the presented documents and to return those documents to the issuing bank, has waived his right to sue for breach of the Application agreement based on the recent Korea-US Case law. Some commentators claim that an applicant has a duty to notify the issuing bank within a reasonable time after receiving the documents that they do not comply with the letter of credit requirements and to return those documents to the issuing bank, and also suggest that a failure to do so result in a waiver of discrepancies that operates as a matter of law. But such decisions make little sense in letter of credit transaction. Unless otherwise agreed, Applicant agreement does not require that the applicant notify the issuing bank of any facial discrepancies of the documents or return those documents. Moreover there is no support in the body of law, i.e., UCP 500 or the Revised UCC Article 5, for an automatic waiver or preclusion arising from the applicant's failure to object promptly. In addition, beyond the lack of authority to support an automatic waiver arising from the applicant's failure to object and return the documents, in a letter of credit transaction the issuing bank is the only party charged with the duty of scrutinizing documents. Therefore, if there are discrepancies, it is the bank that should have to seek an express waiver from the applicant ; the issuing bank should not avoid responsibility for failing to notice discrepancies because the applicant was slow to scrutinize the documents closely or because the applicant failed to inform the issuing bank of such discrepancies. Requiring that applicants inspect documents independently defeats the purpose of retaining the issuing bank, erodes the bank's responsibility to perform its role diligently, and may result in the bank avoiding liability despite negligent payment. If the bank wants to require an applicant to report discrepancies promptly, he may include a provision in the Application agreement limiting the time limit within which the applicant must give notice of facial discrepancies and return the documents. This approach will ensure the continued wide-spread use of documentary credit as a reliable payment mechanism.

• Journal of the Korea Society of Computer and Information
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• v.27 no.3
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• pp.165-171
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• 2022

In this paper, we suggest the Measures to improve the Act Bill for establishing the Game User Committee. The Act Bill has a lot of problems which are violations of criminal legalism due to unclear terms in administrative punishment and violations of The Human Right enjoying freedom of occupation and guaranting property due to not defining provisisons about The Duty of Confidentiality or The Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions. also the duplicate regulations in the Act Bill disrupt game industry development. we have three results that were derived through analysis of Prior studies and precedents. The First is to define details of special reasons in enforcement ordinance and enforcement regulations. The Second is to define The Duty of Confidentiality or The Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions in the act bill. The Third is to address managing the random reward items in the Game Rating and Administration Committee or is to give game user advance notice about the Comntent Dispute Mediation system.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.19
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• pp.119-138
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• 2003

ICC(International Chamber of Commerce) developed new rule on the presentation of electronic record in L/C transactions. This rule named as the e-UCP. The gists of this article are on the application of e-UCP in practice and it's some problems. The e-UCP is the supplement of current exisiting UCP but is superior to UCP under some circumstances. The e-UCP is only apply to the presentation of electronic record regardless of type of L/C(for example, traditional paper L/C or electronic L/C). The presentation of electronic record has some problems which has not seen in the presentation of paper document. These peblems are Time, Place of presentation, and format of electronic record and so on. The e-UCP provided on the basis of these problems. However, the e-UCP has some obscure provisions on the examination of electronic record and the corruption of electronic record. Who is responsible for the corruption of electronic record by the virus on the system of bank ? The current e-UCP is not clear on this matter. We have to note followings in case of presenting the documents electronically and applying the e-UCP. First, Beneficiary has additional duty to notice of completion of presentation. Second, It will be increasing the clean NEGO through prompt feedback of the descrepancy at the presenting time. Third, It is no use of L/G(Letter of Guarantee).