• Title/Summary/Keyword: Reasons for Exemption

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A Study on the Exemption Clause of Recurring Shipments in Short-term Export Credit Insurance (단기수출보험의 연속수출 면책약관에 관한 연구)

  • Koung-Rae Lee;Seo-Young Lee
    • Korea Trade Review
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    • v.47 no.5
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    • pp.59-74
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    • 2022
  • The exemption clause of recurring shipments refers to the insurer's exemption in Short-term Export Credit Insurance for the additional shipment which was shipped on board while any foregoing shipment was unpaid beyond its due date over 30 days. The recurring shipments are constituted with two factors: the due date of the foregoing shipment and the shipment date of the additional export. The exemption clause of recurring shipments has been eased by extending the grace period for payment up to 60 days from 30 days for the transactions between exporters and importers having the history of payments which were made customarily in delay. This research argues that the current grace period is for the buyers who customarily delay their payments, and that the insurer introduce a grace period for shipment in favor of exporters for the additional shipment which was delayed in on-boarding due to reasons beyond the control of exporters. In consideration of the waiting time and the on-boarding time at ports for container freight, shipments are frequently delayed, which entails those shipments to be indemnified by the exemption clause of recurring shipments. Roll-overs and Blank Sailings also cause the container freight to be delayed in on-boarding. This research is expected to contribute to further development of Short-term Export Credit Insurance in K-SURE.

A Study on Standard Monitoring Process in Development of High Speed Railway Vehicle (고속철도차량기술개발 표준 모니터링 절차에 대한 고찰)

  • Park, Min-Heung;Kim, Beom-Jin;Kim, Chul-Su;Choi, Deuck-Ho
    • Proceedings of the KSR Conference
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    • 2011.05a
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    • pp.528-535
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    • 2011
  • According to railway safety regulations for securing the railway vehicle's quality and performance, it can be partly exempted that the performance tests and production inspections on the railway vehicles which are produced and assembled for the purpose of test and research. The reasons of this exemption are for ensuring maximum autonomy and for saving time considered the development period of railway vehicle. However, it was continuously demanded the necessity of supplementation on the confirmation about railway vehicle's quality & performance. Therefore, we added "The monitoring step" which is for securing the quality and performance in high speed railway vehicle's subsystem & compartment to supplement those tests & inspections in development. In this paper, based on a standard ABS(Activity Breakdown Structure) of railway vehicle and a WBS(Work Breakdown Structure) of the railway vehicle system, we investigate the necessity of monitoring in the High speed railway vehicle development. And by comparing and analyzing the essential requirements of international standard, IRIS(International Railway Industry Standard) & TSI(Technical Specification for Interoperability), we try to examine a standard monitoring procedure.

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Government Policies and Promotion for Enhancing Bioenergy Adoption in Korea and USA

  • Kim, Dong-Shik;Joo, Hyun-Soo
    • Journal of Environmental Policy
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    • v.3 no.1
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    • pp.55-69
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    • 2004
  • Bioenergy can be obtained from various forms of biomass such as agricultural, food processing, and municipal wastes. Recently, its importance is recognized more seriously because of its positive impacts on economic and stable energy supply and environmental sustainability. Despite its advantages, bioenergy has not been used as much as it was expected, nor has it been developed to the level of attractive commercialization in energy market. The main reasons for the sluggish progress have been analyzed by comparing the bioenergy policies in Korea and U.S.A. Both Korea and U.S. governments have recognized the importance of bioenergy and put in various efforts to promote the use of bioenergy. Both governments have legislated alternative energy promotion plans that support R&D, tax reduction, rewards, and low interest loans. However, it is suggested that the bioenergy policy and plan juxtapose the financial supports (R&D, tax exemption, low interest loan, education, etc.) with strong mandates and obligations. Although imposing strong mandates prerequisites the economically attractive and feasible technologies, it can motivate and speed up more effective technology development, in turn. In addition, the bioenergy R&D support must include studies on commercialization and marketing as well as process development. R&D on the socioeconomic effects of bioenergy should also be supported. Lastly, decision making processes for the bioenergy policy, and for alternative energy overall, must include environmental agencies for taking advantage of environmental benefits of bioenergy.

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A Study on Establishment of the Directions of Granting Incentives by Long-life Housing-related parties (장수명 주택 관계자별 인센티브 부여 방향 설정에 관한 연구)

  • Kim, Eun-Young;Jang, Soon-Gak;Hwang, Eun-Kyoung
    • Korean Institute of Interior Design Journal
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    • v.25 no.1
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    • pp.93-100
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    • 2016
  • Long-life housing means a housing which structural members (Support) such as columns and floor are maintained for a long period of time and the housing can be used for approximately 100 years by replacing components (Infill) such as walls and furniture. The government established "Certification standards of long-life housing construction" on December 24, 2014, requiring the long-life housing certification for construction of apartment houses for over 1,000 households. However, it is necessary to prepare an incentive measure which could be granted to construction related personnel and housing owners due to the effectiveness of such system and recognition that the initial construction cost of long-life housing is high. The purpose of this study is as follows. First, the reasons and necessity of long-life housing cost increase for each construction company, housing owner, infill component manufacturer and designer which are long-life housing related personnel are determined. The direction of incentive grant for supplying long-life housing based on the determined items is established. The result of this study is as follows. First, a special treatment which is higher than the alleviation of construction standards according to the previous ordinance is necessary for construction companies to secure the business feasibility. Also, incentives such as the provision of service space and wide balcony are necessary to improve the preference level of parceling out. Second, financial incentives such as financial support for housing purchase, reduction and exemption of tax (acquisition tax and registration tax), and support of maintenance cost are required for house owners. Third, it is essential to increase opportunities to participate in the market for infill component manufacturers by applying additional points for PQ. Fourth, it is needed to provide compensation for additional human resource and time at the time of designing to designers by preparing the long-life housing design cost standards.

A Study on the Scope of Protection for Freedom of Expression on Internet: Focused on the Analysis of Judicial Precedents on Cyber Conflicts (인터넷에서 표현의 자유 보호 법리에 관한 연구: 사이버 분쟁에 대한 법원 판례 분석을 중심으로)

  • Yun, Sung-Oak
    • Korean journal of communication and information
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    • v.50
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    • pp.29-49
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    • 2010
  • Various opinions are expressed about the Internet Regulation. Some people argue that it is impossible to control because of the technical characteristics of Internet, while other people argue that it is easy to control. Recently in Korea, a move to reinforce the Internet Regulation through the extension of cyber real-name system is emerging, whereas the concern for its excessive infringement of the Freedom of Expression is increasing. This paper was intended to draw a reasonable direction for Internet Regulation in our society. And accordingly this paper tried to suggest a desirable direction of Internet Control in the future and to draw a criterion for domestic court judgement by analyzing cases of cyber defamation so far. The result of this study proposed that the Freedom for Expression be widely secured in the case of cyber defamation of criticism and political comments upon public officials and that the legitimacy and effectiveness of Internet Regulation be ensured. This result of study is expected to help establish the direction and principle of Internet Regulation in the future around Korea Communications Commission and Korea Communications Standards Commission.

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The Improvement Measurement on Dispute Resolution System for Air Service Customer (항공서비스 소비자 분쟁해결제도의 개선방안)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.225-266
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    • 2018
  • In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.

A Study on the Penalty Tax under the Korean Customs Act-Focusing on the Unconstitutionality of the Adminstrative Penalty Imposed together and Heavy Penalty Tax (한국 관세법상 가산세에 관한 연구 - 행정형벌 병과와 중가산세 조항의 위헌 여부 등을 중심으로)

  • Min-Gyu Park
    • Korea Trade Review
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    • v.46 no.3
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    • pp.185-201
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    • 2021
  • This paper analyzes the penalty tax system under the Customs Act of Korea and examines whether the penalty tax provision violate the constitutional principle of proportionality when imposed on a person who does not made import declaration intentionally or travelers who has not been made an import declaration of their carry-on items. It examines the provisions that adopt a penalty tax as a means to secure the effectiveness of the customs law. In relation to penalty tax, the case studies of the Supreme Court and Constitutional Court of Korea are analyzed by major issues such as the legal nature of the penalty tax, whether the penalty tax is unconstitutional, and the reasons for exemption from the penalty tax. There is no reasonable basis for the high penalty tax imposed on travelers' carry-on items for which import declaration has not been made. It is necessary to unify the penalty tax imposed when an import declaration is not made and the penalty tax on traveler's carry-on items. It is necessary to establish a limit on penalty tax and to create new regulations to exempt or reduce penalty tax when punished by administrative punishment to avoid double jeopardy. It is necessary to effectively secure the effectiveness of the Customs Act by converting the penalty tax into civil penalty that does not presuppose the faithful and accurate performance of tax obligations by the taxpayer. The government revised the penalty tax system in the Customs Act in 2019, but there are still many types of penalty tax and there are elements that are unconstitutional. It seems that the Korean government should lower the burden on the people by improving the system for the penalty tax system.

Strategic Antitrust Policy Promoting Mergers to Enhance Domestic Competitiveness (기업결합규제(企業結合規制)와 국제경쟁력(國際競爭力))

  • Seong, So-mi
    • KDI Journal of Economic Policy
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    • v.12 no.3
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    • pp.153-172
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    • 1990
  • The present paper investigates the potential value of strategic antitrust policy in an oligopolistic international market. The market is characterized by a non-cooperative Cournot-Nash equilibrium and by asymmetry in costs among firms in the world market. The model is useful for two reasons. First, it is important in the context of policy-making to examine the conditions under which it may be beneficial to relax antitrust law to enhance competitiveness. Second, the explicit derivation of the level of cost-saving required for a gain in total domestic surplus provides an empirical rule for excluding industries that do not satisfy the requirements for a socially beneficial antitrust exemption. Results of the analysis include a criterion that tells how the cost-saving and concentration effects of a merger offset each other. The criterion is derived from fairly general assumptions on demand functions and is simple enough to be applied as a part of the merger guidelines. Another interesting policy implication of our analysis is that promoting mergers would not be a beneficial strategy in a net importing industry where cost-saving opportunities are thin. Cost-saving domestic mergers are more likely to increase national welfare in exporting industries. The best candidate industries for application of strategic antitrust policy are those with the following characteristics: (i) a large potential for efficiency enhancement; (ii) high market concentration at the world but not the domestic level; (iii) a high ratio of exports to imports. Recently, many policymakers and economists in Korea have also come to believe that the appropriate antitrust policy in an era of increased foreign competition may actually be to encourage rather than to prohibit domestic mergers. The Industry Development Act of 1986 and the proposed bill for Mergers and Conversions in the Financial Industry of 1990 reflect this changing perspective on antitrust policy. Antitrust laws may burden domestic firms in the sense that they have a more constrained strategy set. Expenditures to avoid antitrust attacks could also increase costs for domestic firms. But there is no clear evidence that the impact of antitrust policy is significant enough to harm the competitiveness of domestic firms. As a matter of fact, it is necessary for domestic financial institutions to become large in scale in this era of globalization. However, the absence of empirical evidence for efficiency enhancement from mergers suggests caution in the relaxation of antitrust standards.

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