• 무역상무연구
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• 제61권
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• pp.29-55
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• 2014

Subject matter of international trade are various. They contain not only tangible assets such as goods but also intangible assets including service, technology, and capital etc. Technology, a creation of the human intellect, is important as it is the main creative power to produce goods. It can be divided into Patent, Trademark, Know-how and so on. These Technologies are protected by the national and international laws on regulations for the Intellectual Property Rights(IPR), since technology development is needed a lot of time and effort, and the owner of the technology may have crucial benefits for creating and delivering better goods and services to users and customers. Therefore, any licensee who wants to use the technology which other person(licensor) owns, he(the licensee) and the original owner(the licensor) shall make Technology Transfer Contract. Differently from the International Sales Contract in which seller provides the proprietary rights of goods for buyer, in the case of International Transfer of Technology Contract, the licensor doesn't provide proprietary rights of technologies with the licensee, on the contrary the right of using is only allowed during the contract. The purpose of this paper is to examine the main issues in International Transfer of Technology Contract. This author focused on the main obligations of both parties, namely licensor's obligation to provide the technology and licensee's obligation to pay the royalty. As every country has different local mandatory laws about Intellectual Property Rights(IPR) and these mandatory rules and laws prevails over the contract, the related rules and laws should be examined carefully by both parties in advance. Especially the rules and laws about the competition limitation in the local country of licensee and the economic union(like the EU) should be checked before contracting. In addition, the contract has much more complicate and delicate aspects than other international business contracts, so both parties should review carefully before singing the contract.

• 한국기록관리학회지
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• 제21권1호
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• pp.1-18
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• 2021

우리나라의 공공기관은 '공공기록물 관리에 관한 법률'에 따라 생산의무기록물을 생산하고, 매년 국가기록원에 생산 현황 통계를 제출하고 있다. 그런데 지방자치단체에서 실제 생산하는 의무기록물 현황과 기록원에 제출한 현황 통계에 차이가 있다. 이를 바탕으로 생산의무기록물의 생산관리 제도에 대한 문제점을 찾아서 그 개선안을 제시하였다. 문제점은 생산의무기록물에 해당되는 범위가 모호하며, 업무 담당자의 이해도 부족하다. 그리고 특정 업무 중심의 기록물만 생산되고 있는 실정이다. 개선안으로는 지방자치단체의 생산의무기록물 대상을 분명히 정하며, 업무 담당자는 이에 대한 이해를 해야하고, 자치단체의 생산의무기록물의 생산과 관리에 대한 조례를 제정한다.

• 무역학회지
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• 제42권5호
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• pp.213-232
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• 2017

본 연구는 현재 시행되고 있는 BPO에 대해 제도적 차원에서 주요 쟁점으로 중심으로 신용장 제도와 비교하여 고찰하였다. BPO는 은행간의 약정이기 때문에 지급의무의 이행, 확인, 양도 등에 있어서 신용장제도와 차이를 보이며, 또한 유의해야 할 점이다. BPO은 기본적으로 기능 면에서 신용장과 유사하지만, 별개의 독립적인 제도로 운용되며 정보기술과 데이터를 기반으로 한다. 신용장을 포함한 전통적인 제도 보다는 더 효율적이며 비용 효과적이다. 따라서 전통적인 제도에 대한 전자적 대안으로 보여진다. 본 연구는 선행 연구를 중심으로 이미 발표된 BPO 관련 연구와 자료 등을 통하여 문헌 연구하였다.

• Journal of Korea Trade
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• 제27권2호
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• pp.1-21
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• 2023

Purpose - The bank payment obligation is a transaction method that combines the certainty of L/C transactions with the speed of remittance payments, so the main purpose of this study is to highlight the superiority of bank payment obligation, noting the difference between bank payment obligation and L/C transactions. In addition, we would like to examine how bank payment obligations can actually be applied to support various valuable proposals such as post-shipment and post-shipment finance according to the payment process.. Design/methodology - This study focused on literature based on data from ICC and SWIFT along with previous domestic and international studies. In terms of a research method, a literature review was adopted with electronic trade-related books and journals and policy-related reports from international trade-related agencies. Findings - Unlike L/C transaction, BPO transaction verify the data inquiry process based only on the combination result of the established baseline and dataset. Accordingly, it is superior to L/C transaction in that there is no confrontation between the parties over the results of the inquiry, and clear transactions are possible according to the principle of proof after prepayment. In addition, unlike credit transactions, data inconsistency acceptance procedures confirm payment obligations in consideration of importers' intentions. As a result, as long as trade documents are in the hands of exporting countries, flexible document disposition is possible in response to the situation after payment, which is more advantageous than L/C transaction. Originality/value - Specifically, from the importer's point of view, BPO transactions have the advantage of reducing the manpower required to prepare and review trade documents and processing transaction negotiations with exporters advantageously due to the strength of payment obligations. From the perspective of the exporter, it has the advantage of enabling rapid recovery of trade payments and reducing the risk of importer's cancellation of transactions or content change. From the perspective of participating banks, it is possible to strengthen relations with importer and obtain high commission income by increasing the role of bank reduced by reducing L/C transaction.

• 무역상무연구
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• 제26권
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• pp.203-223
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• 2005

Many international transactions involve the use of security devices, commonly referred to as "guarantees", "bonds", or "standby credits", designed to protect one of the parties from a breach by its counter-party. These security mechanisms may be provided by banks, insurance companies, specialized surety companies, or other financial service firms. Although some legal systems distinguish between "guarantees", "bonds", and "indemnities", these terms are often used as synonyms in the everyday language of international traders. It may therefore be necessary to examine the particular characteristics and nature of the guarantee obligation in order to properly classify the guarantee. Two main categories of guarantee are demand and suretyship. Under a demand guarantee, the guarantor must pay on first demand by the beneficiary. The beneficiary only has to demand payment under the guarantee - there is no need to prove that the principal has actually defaulted on a contractual obligation. Under a suretyship or conditional guarantee, the obligation of the guarantor is triggered by the actual default or contractual breach of the principal, as evidenced in a document such as a court judgement or arbitral award against the principal. Guarantees have been widely used in the international business transactions. Main uses of guarantees are as follows : Performance Bonds/Guarantees, Bid(or Tender) Bonds/Guarantees, Advance Payment or Repayment Bonds/Guarantees, Retention Bonds/Guarantees, Maintenance(or Warranty) Bonds/Guarantees etc.

• 무역상무연구
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• 제58권
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• pp.127-148
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• 2013

The Rotterdam Rules provide that port terminal operator may avoid or limit their liability for cargo loss, damage or delay in delivery or breach of any other obligation under the Rules by invoking the provisions that may provide a defence for, or limit the liability of, the carrier. Consequently the port terminal operator who are involved in the provision of maritime services may avoid or limit their liability for cargo loss, damage or delay in delivery or breach of any other obligation under the Rules. The port terminal operator to be applied for the Himalaya clause under the Rules must show that it has the requisite link with a Contracting State. In addition, the port terminal operator performs service to the period of time between the arrival of the goods at the port of loading and their departure from the port of discharge. The port terminal operator's liability for breaches of its obligation is limited to 875 SDR per package or other shipping units, or 3 SDR per kilogram of the gross weight of the goods. In addition, compensation for delay shall be limited to an amount equivalent to two and one-half times the fright payable on the goods delayed.

• International Journal of Advanced Culture Technology
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• 제4권4호
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• pp.38-44
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• 2016

The purpose of this study is to examine the impact of police legitimacy on public cooperation with the police. This study consists of obligation to obey, moral alignment, and legality of police actions as factors of police legitimacy. This research employs a survey questionnaire to evaluate the police legitimacy and public cooperation with the police. The number of subject of the study is 354 citizens residing in Daegu metropolitan city and some cities of Gyeongsangbuk-do province. The study employs a multi-regression analysis to investigate the effect of the three factors of police legitimacy on public cooperation with the police. The effects of the three key factors of police legitimacy- obligation to obey, moral alignment, and legality of police actions-on public cooperation with the police are significant; specifically, legality of police actions is shown to be more effective for nurturing public cooperation than the rest of these factors. The findings also have some implications for how Korean police can foster better relationships with citizens in the communities.

• 해양환경안전학회지
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• 제18권5호
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• pp.496-504
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• 2012

환경보호 분야에서는 국제협약의 원활한 이행을 위해 당사국 간의 긴밀한 협조가 요구되며, MARPOL 73/78 상 보고의무는 해양환경보호를 위한 국제협력의 일환으로서 중요한 역할을 하고 있다. 이 연구에서는 MARPOL 73/78 상 보고요건의 국제법적 의미에 대하여 살펴보고, 당사국들의 보고의무 이행현황을 조사하였다. 이를 위하여 2001년부터 2010년까지 지난 10년간의 MEPC/Circ.318의 각 항목에 따른 MARPOL 73/78 상 보고의무의 이행현황을 분석하였다. 또 다른 한편으로는 이러한 이행현황에 대한 분석을 통해 당사국의 보고의무 준수율을 향상할 수 있는 개선방안을 제시하였다.

• 한국태양에너지학회 논문집
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• 제35권6호
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• pp.43-50
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• 2015

The G-SEED encourages the installation of new and renewable energy facilities through assessments of the new and renewable energy installation rates. The government also regulates the installation rate of new and renewable energy facilities in the 'Project on new and renewable energy obligation in public installations'. The current criteria concerning the new and renewable energy facilities in the G-SEED are the result of an amendment made in July 2010. As over five years have passed since this amendment, the assessment criteria needs to be reenforced. To improve the current criteria, the calculation results of the installation rate of new and renewable energy facilities in the G-SEED were analyzed and compared to the corresponding calculation results of the 'Project on new and renewable energy obligation in public installations'. And an improved draft for the assessment criteria of the new and renewable energy facilities in the G-SEED was proposed.

• 대한방사선기술학회지:방사선기술과학
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• 제18권2호
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• pp.103-117
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• 1995

Recently the suits for medical malpractice are gradually increasing in this country. The main purpose of this study is to excavate the most suitable theories about civil liabilities on medical malpractice by radiological technologist. To solve the above-mentioned problems in medical malpractice, I have proceeded to make a survey of traditional theories and tried to exvacate the most suitable theories for our medical circumstances among those theories. Both domestic and foreign relevant professional literatures and legal cases were investigated in this study. Several important findings of this study are as follows. First, the nature of legal interrelationship between radiological technologist and physician(or the representative of a hospital) is to define the content of employment. But in the eye of medical law, the interrelationship between radiological technologist and physician is written that radiological technologist should be directed by physician. Second, the nature of legal interrlationship between patient and physician(or the representative of a hospital) is to define the content of legal obligation of physician(or the representative of a hospital), and radiological technoligst execute his obligation as proxy for physician. Therefore, patient can not clame any legal right to radiological technologist. Third, radiological technologist has the obligation of Due Care in medical practice. Fourth, on the medical malpractice by radiological technologist the civil liability can be treated as either tortious liability or contractual liability, and physician(or the representative of hospital) take the responsibility for the damage compensation. In this case, physician has the right of indemnity to radiological technologist. But it should be dinied or extremely limited.