• Journal of Cadastre & Land InformatiX
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• v.45 no.2
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• pp.15-26
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• 2015

Since the creation of modern cadastral system in 1910's the cadastral system has been modified to comply with a new technical development and diverse requirements. However, the discussion on the directions for extension of cadastral records has been rarely addressed. In this paper it is proposed that the direction of extension cadastral records from the current a right focused perspective to an obligation and restrictions perspective based on the FIG Commission 7's Cadastre 2014 which is a future vision of cadastral system development. As the extension directions, a legal and technical perspective and functional extension for a role for land information publicity platform has been presented. Considering the extension directions an environment and disaster management field has been reviewed for an applicable fields.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.71
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• pp.147-170
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• 2016

International maritime law conventions concerned with cargo liabilities have sought to achieve solutions which will be acceptable to a wide range of states. The Rotterdam Rules was approved by the UN Assembly on 11 December 2008. The Rotterdam Rules are intended to replace The Hague and Hamburg Rules. This paper is comparing The Rotterdam Rules with The Hague and Hamburg Rules for the carrier' liabilities and exceptions in order to find carrier' liability System, the burden of proof and exceptions in the International maritime Rules. The purpose of this paper is considering the carrier's principal recourse for defending himself inmost cargo claims. The first area analyze the transfer of carrier's fundamental Liability system in the International Rules. The second is the matter on the appointment of proof in order to establish liability or to be relieve of liability. And the third is the change of the carrier's possible exclusions from liability in the International maritime Rules. From the result of the said analysis, my paper suggests differences of the exclusions in the Rotterdam Rules comparing with the Hague and Hamburg Rules, and features of the Rotterdam Rules appling exceptions on the basis of the Hague and Hamburg Rules with regard to carrier's liability and burden of proof. The former is the inclusion of three exclusions, the deleted natural fault, and The provision making the carrier responsible for the acts of its servants or agents in the 'fire on the ship' of the Rotterdam Rules. The latter is deleting the principle of overriding obligation related to carrier's obligation of seaworthiness in the Rotterdam Rules, the burden of proof being diverted from the carrier to the carrier and the shipper in the cargo damage caused by two factors(one for which the carrier was liable and the other for which it was excusable) in the new rules.

• Journal of Korea Port Economic Association
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• v.21 no.4
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• pp.121-139
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• 2005

The case, Papera Traders Co. Ltd. and Others v. Hyundai Merchant Marine Co. Ltd and Another(The Eurasian Dream), was occurred on July, 1998 when the ISM Code became mandatory under SOLAS and from that date it applied to oil tankers, chemical tankers, gas carriers, bulk carriers and cargo high-speed craft of 500 gross tonnage and above. On July 23, 1998, a fire started on the deck of pure car carrier Eurasian Dream while in port at Sharjah. The source of fuel was the stevedores action of pouring petrol or transferring fuel in some way - refueling or pouring into a carburettor. The fire eventually destroyed or damaged the vessels cargo of new and second-hand vehicles and rendered the vessel itself a constructive total loss. Justice Cresswell held that the fire that destroyed or damaged the cargo was due to the unseaworthiness of the vessel they have the burden of proving that the vessel was unseaworthy before and at the beginning of the voyage and that the loss or damage was caused by that unseaworthiness. This case was a dispute between dependent and claimant alleging that the carrier should provide "properly man, equip and supply the ship and keep the ship so manned" under Hague-Visby Rules. Although ISM code was not officially applied to the carriage by car carriers until July 2002, a rule based on the code had customarily been employed as a mean for international dispute resolution. Examining the above case closely, the purpose of this study is to explore the relation of ship management and obligation to exercise due diligence in making the vessel seaworthy.

• International Commerce and Information Review
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• v.19 no.1
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• pp.191-210
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• 2017

The old sources of competitive edge and value added were land, labor, and capital. In today's knowledge-based economy in the 21st century, technology is attracting attention as a new engine of growth. That paradigm shift of world economy has resulted in the global spread of technology transfer and the gradual increase of trade of intangible goods including patents and know-how as well as tangible goods in international trade. An international license agreement is a representative form of technology transfer. In license agreements, the providers of technology keep their ownership of technology, allow the implementation of technology to the users of technology only for a certain period of time, and receive loyalty as a reward. Economic profit through such technology trade can be realized with the smooth implementation and termination of agreement. International license agreements are different from sales contracts, which represent international business transaction based on mutual obligation, in many aspects in that they target intangible goods of technology and aim for rent for a certain period of time. This study thus set out to examine issues that could be controversial in the main and individual obligation of the parties in international license agreements and provide implications helpful for the prevention of disputes in advance.

• Research in Community and Public Health Nursing
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• v.9 no.2
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• pp.303-312
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• 1998

The purpose of this study was to survey the knowledge level, attitude and practice of nurses toward their work. The subjects of the study were composed of 98 nurses from 3 general hospitals, 1 oriental medical hospital, 2 health centers and several community health posts and schools. Data were collected from May to October, 1998. In data analysis, an SPSS PC program was utilized for descriptions. 1) 16 nurses (16.3%) experienced medical accidents on the 7 nurses(7.1%) 1 time, 6 nurses (6.1%) 2 times, and 3 nurses(3.1%) 3 times. 2) Concerning knowledge of their legal obligations ; the prohibition of telling secrets was .89, the prohibition of reading medical records was .58, the keeping of medical records was 1.0 and the teaching of recuperation was. 79. The total mean score was. 86. Concerning attitude and practice; the prohibition of telling secrets was 81.6%, 63.3%. The prohibition of reading medical records was 61.2%, 60.2%. The keeping of medical records was 98%, 98%. The explanation for treatment, care and test was 91.8%, 66.3%. The teaching for recuperation was 63.3%, 63.3%. 3) Knowledge of their legal responsibilities; 29. 6% of the subjects thought that they should report a medical accident to their headnurse, but 75.5% of the subjects actually reported to the headnurse. 39.8% of the subjects thought that nurses were liable for the faults of nursing aides. The total mean score was .45. 46% of the subjects asked a senior staff's advide on difficult affairs. Nurses obeyed legal obligations when concern ing the protection of a client, but were passive when concerning self protection. Also, headnurses were required as adviser, guide and advocate.

• Journal of Korean Society of Transportation
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• v.26 no.1
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• pp.65-78
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• 2008

After the railway reform in 2004, Korea National Railroad was divided into two separate organizations. The Korea Railway Network Authority is responsible for the construction of new line. Korea Railroad corporation is a public-owned railway operator. The compensation for the loss of rail operator from the Public Service Obligation(PSO) observance is specified in the Law of Rail Industry Development No.32, No.33. However, it is necessary to revise the compensation criteria of PSO after the actual enforcement of the law for more efficient rail operation. This study aims for revising compensation criteria of PSO. In this study, we suggested a revised compensation criteria. The scope of compensation for the loss of regional line operation was adjusted by new criteria considering the characteristics and the business results of the line. The compensation rate is linked with the actual business results of the line for giving motivation to the rail operator.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.26
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• pp.35-86
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• 2005

International distributorship contract(IDC), as well as international agency contract is a type of contract which is most frequently used in international trade. But one of the main difficulties faced by parties of IDC is the lack of uniform rules for this type of contract. This means that both parties should be careful about each clause of the contract when they draw up it. The ICC prepared model form which incorporates the prevailing practice in international trade, and which aims at protecting and balancing the legitimate interests of both parties. This author examined the several important clauses in this model contract. The purpose of this examination is to help the contracting parties for better understanding and applying them in their actual contracting practice, which based on this model contract. When the supplier and the distributor execute their contract or use ICC Model Contract, they should be careful about the following points: First, some terminologies(like, "territory", "product", "competing products" and "exclusivity") should be clearly defined in their contract. Second, regarding the supplier's functions including "supplying products" and the distributor's responsibility including "undertaking not to compete", and "attaining guaranteed minimum targets", both parties should make clear about each party's right and obligation as well as one party's remedies available when other party makes breach of its obligation. Third, both parties should examine the relationship between the "exclusivity" or "sole" and competition law which is regarded as a mandatory rule in the territory. Forth, when both parties lay down "termination clause" in the contract, they should make clear about the indemnity in case of termination. Fifth, as there is not uniform law for the distributorship contract, it is inevitable to choose any local law as an applicable law in case of litigation. So both parties should keep in mind to insert arbitration clause to avoid the application of the local law. Besides, both parties should consider their individual and specific circumstances and try to reflect them in their contract by Annex I to XI attached to the end of model contract.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.3-41
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• 2011

In this article, the author have studied on main revisions and some recommendations of the Incoterms(R) 2010. Main revisions are as belows. 1. Two new Incoterms rules -DAT and DAP- have replaced the Incoterms 2000 rules DAF, DES, DEQ and DDU. 2. New classification of the Incoterms(R) 2010 are adopted. First class is Rules for any mode or modes of transport(EXW, FCA, CPT, CIP, DAT, DAP and DDP belong to this class.) and second class is rules for sea and inland waterway transport(FAS, FOB, CFR and CIF belong to this class.). 3. Incoterms(R) 2010 rules formally recognizes that they are available for application to both international and domestic sale contracts. 4. The Guidance Notes and Introduction are not part of the actual Incoterms(R) 2010 rules. 5. Under the FOB, CFR and CIF, all mention of the ship's rail as the point of delivery has been omitted in preference for the goods being delivered when they are "on board" the vessel. 6. Incoterms(R) 2010 rules include the obligation to 'procure goods shipped' as an alternative to the obligation to ship goods in the relevant Incoterms rules. 7. Incoterms(R) 2010 rules give electronic means of communication the same effect as paper communication. 8. Incoterms(R) 2010 rules have allocated obligations between the buyer and seller to obtain or to render assistance in obtaining security-related clearances. such as chain-of custody information. Some recommendations are as belows. 1. The parties must incorporate the Incoterms(R) 2010 rules into their contract of sale. 2. The parties must choose the appropriate Incoterms(R) 2010 rules. 3. Specify the place or port as precisely as possible in their contract of sale. 4. Remember that Incoterms(R) 2010 rules do not give the parties a complete contract of sale. 5. Incoterms(R) 2010 rules do not prohibit alteration of Incoterms rule, but there are dangers in so doings. In order to avoid any unwelcome surprises, the parties would need to make the intended effect of such alterations extremely clear in their contract.

• Journal of Korean Society of Transportation
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• v.36 no.3
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• pp.184-194
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• 2018

Recently, the need to introduce bus lines on a welfare basis is increasing as public intervention in bus routes is accelerated through semi-public bus system. The main objective of this study is to establish the concept of PSO (public service obligation) bus line on a welfare basis and propose a classification method of PSO bus line under semi-public bus system. We introduced 3 indexes such as "equity" in terms of bus line distribution, "publicity" in terms of age distribution, and "profitability" in terms of bus operating revenues. On the basis of 3 indexes, we introduced the PSO bus line, which is fair and public, even if it is not profitable. Based on the concept established in this study, we divided 130 ordinary city bus lines in Busan Metropolitan City into 8 PSO bus lines. Also, considering the positive impact of public buses, which are less profitable, but improve the mobility of residents and secure public community, we suggested the need to introduce public buses in bus service shortage areas.

• Ocean and Polar Research
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• v.37 no.1
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• pp.81-90
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• 2015

International Seabed Authority (ISA) is currently developing rules with regard to exploitation of manganese nodules which will be contained in its first regulations governing the exploitation of deep seabed mineral resources. A stakeholder survey was conducted in the early 2014 by ISA with the aim of facilitating participation of interested entities in the development process of the rules. The stakeholders who had replied to the survey included existing contractors, sponsoring States, environmentalists, academics, and nongovernmental organizations. Opinions given by them largely reflect their own interests. This paper aims to clarify the scope of the obligations regarding the environmental protection which may be imposed on contractors under the new regulations for the exploitation of manganese nodules. To do so, it first analyses the express provisions on environmental protection applicable to deep seabed mining included in the Law of the Sea Convention, its agreement on implementation of Part XI, and the regulations on exploration for manganese nodules. Secondly, it categorizes these obligations based on the categories of international obligations suggested by Combacau and Alland. Based on the categorizations this paper concludes that, in addition to the existing duties to protect deep seabed environment within the Law of the Sea Convention system, the following new obligations could be added: conservation of exploitation sites for a limited time after the contract is ceased; taking all necessary measures for rehabilitation of destroyed ecosystems that occurredas a result of mining activities; monitoring exploitation sites for a limited period time after the contract is ceased; observing rules and standards on safety of ships and environmental protection adopted under IMO instruments; regulation on the discharge of mine tailings from the facilities used for exploitation of deep sea minerals. Lastly, this paper attempts to provide ways of reflecting national interests in terms of potential obligations which may be included in the new regulations.