• Title/Summary/Keyword: Revision of the Law

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Study on the Legal Issues of New Draft of Civil Aviation Law in China (중국 민용항공법 개정 최근 동향과 주요 법적쟁점)

  • Lee, Hwa
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.177-214
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    • 2016
  • During more than 20 years of practice, Civil Aviation Law has experienced three times of amendments since it was enacted in 1995. But these revisions are limited to the technical level. The problems and limitations have become increasingly prominent in its implementation. Firstly, the civil aviation law is the result of interests game among several departments and some legal issues was left behind and the regulation was very vague as a result. Secondly, the process of aviation legislation is the process that the country has undergone profound changes and social transformation. The 20 years is long enough for the society to undergo tremendous changes and 1995 version of civil aviation law does not keep pace of development of economy. There was a serious lag between reality and the law. In order to actively promote the development of the aviation industry and overcome implementation issues of the Civil Aviation Law, Civil Aviation Administration of China (CAAC) initiated modification procedure the law and published new draft of Civil Aviation Law in August 2016. The spirit of this modification is to learn and absorb new achievements of domestic and foreign legislation and the International Convention on civil aviation. Furthermore, the purpose of the revision is to provide favorable policy for the development of civil aviation industry and improve aviation safety and supervision, strengthen and protection of consumer rights and interests, to enhance the safety of civil aviation activities, and promote the development of general aviation. This revision concerned to the 78 articles which are revised or deleted and 24 articles added. The highlights of the draft include but not limited to the enhancement of security management, clarification of the main responsibility for production safety. And also it added the provisions related to the construction of effective tracking capability of public air transport enterprises and license system on the transport of dangerous goods. Compared with the existing civil aviation law, the draft has made a great improvements. But there are several deficiencies and limitations in the drafts. These problems need to be supplemented and perfected through further amendments in near future.

The Revision of Transit Clause in the Institute Cargo Clauses (협회적하약관(ICC)상 운송조항(Transit Clause)의 변천과정에 관한 연구)

  • Lee, Jay-Bok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.43
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    • pp.337-370
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    • 2009
  • The Joint Cargo Committee of International Underwriting Association of London (IUA) and Lloyd’s Market Association (LMA) have issued the revised version of Institute Cargo Clauses A, B, C, Institute Cargo Clauses (Air) and their accompanying War and Strikes Clauses. The Institute Cargo Clauses ("ICC") were last revised in 1982. Following a two year long consultation process, the latest edition of the ICC clauses became available to the Market on 1st January 2009. The overall result of the amendments to the 1982 ICC has been to create clearer policies that are more favourable to the Assured. Exclusions have also been amended to the advantage of the assured. The Transit Clause has seen a large revision, again more favourable to the Assured. The insurance now attaches within the warehouse or place of storage when the goods are "first moved$\cdots$ for the purpose of the immediate loading into or onto the carrying vehicle or other conveyance for the commencement of transit" whereas previously the insurance would not attach until the goods left the warehouse. Furthermore, the insurance now terminates on completion of unloading from the vessel at (rather than delivery to) the final warehouse or at a warehouse prior to the destination named in the contract of insurance which the Assured or their employees elect to use either for storage or distribution.

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The ISBP's Characteristic and its Some Problems, and the Main Agenda of the UCP 600 (ISBP의 특징과 문제점 및 UCP 600의 주요과제)

  • Seo, Jung-Doo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.22
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    • pp.107-135
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    • 2004
  • The International Standard Banking Practice for the Examination of Documents under Documentary Letters of Credit (ISBP) is the product by the ICC Banking Commission, October 2002. The ISBP is a practical complement to UCP 500, ICC's universally used rules on documentary credits. It explains, in explicit detail, how the rules are to be applied on a day-to-day basis. It fills a needed gap between the general principles announced in the rules and the daily work of the documentary credit practitioner. By using the ISBP, document checkers can bring their practices in line with those followed by their colleagues worldwide. The result should be a significant reduction in the number of documents refused for discrepancies on first presentation. We are convinced that the benefits of the ISBP will not only be of high importance for users of UCP 500, but also that the practices in the ISBP will survive a UCP revision, or will even be included in the next version of the rule (so call "UCP 600"). Though the above-mentioned benefits of the ISBP, there are several troublesome topics that will probably have to wait for a new UCP revision. It will be a challenge for the drafters of a future UCP to find solutions that will further clarify these points.

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A Study on the Inherent Defects in the eUCP Article 11 & Implication for the Revision (eUCP 11조의 잠재적 하자의 규명과 합리적 개정방안의 모색)

  • Kim, Ki-Sun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.35
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    • pp.41-69
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    • 2007
  • This study analyzes some important implications for the forthcoming revision of eUCP through the methodology of expected utility maximization theory. The overall results are as follows. First, beneficiary with an initial wealth has a risk-averse utility in traditional letter of credit transaction, and he would be more risk-averse in eUCP transaction. Secondly, the beneficiary who has risk-averse utility will pay for the risk premium to reduce the risk of corruption of an electronic record by means of cost of loss reduction activities. Thirdly, the cost of loss reduction activities is represented by a convex cost function, Fourthly, a risk averse beneficiary pursues loss reducing activities to the point where the expected marginal product of loss reduction is less than its marginal cost. Fifthly, a more risk-averse eUCP beneficiary will always select a higher level of loss reduction as long as the effectiveness of loss reduction is certain. Sixthly, when the effectiveness of loss reduction is uncertain, the more risk-averse eUCP beneficiary does not necessarily choose a higher level of loss reducing activities. Finally, it would be more reasonable that eUCP Article 11 should protect eUCP beneficiary who pursues a higher level of loss reducing activities.

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A Comparative Research of Library Law in Korea and Japan: Focusing on the Enactment and Revision Processes

  • Ryu, Hyeonsook
    • Journal of the Korean Society for Library and Information Science
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    • v.51 no.1
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    • pp.103-124
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    • 2017
  • Korea and Japan have been influenced by one another through various points in their respective histories. During ancient times and throughout the Middle Ages, many aspects of culture and modern civilisation were conveyed from China to Japan via Korea. This trend changed in the second half of the $19^{th}$ century, as Japan opened its ports to foreign trade, completely reforming its own society before Korea followed suit. The aspects of modern civilisation and culture were thus subsequently conveyed to Korea from Japan. Not unlike Western cultures of the time, Japan also engaged in a pursuit of imperialism that resulted in its subjugation of Korea during the Japanese occupation. After Korea regained its independence following the Second World War, Koreans rebuilt their country largely on the basis of the social system Japan had left behind. 70 years later, differences from the Japanese model may nevertheless be observed in various areas. Library legislation is no exception. This paper provides a comparison of Korean and Japanese library laws. The comparison and consideration of the enactment and revision processes of library legislation of both countries reveals how differences in legislation developed and provides an analysis of the implementation of these differences.

A Comparative Study on the exclusions in 1982 and 2009 Institute Cargo Clauses (2009년 ICC와 1982년 ICC상의 면책위험 비교 연구)

  • Lee, Shie-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.43
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    • pp.275-295
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    • 2009
  • After a long period of development and worldwide consultation, the London-based Joint Cargo Committee has revised the Institute Cargo Clauses (A), (B) & (C) and some ancillary Institute Clauses. The revision mainly include a clarification of the exclusions within the clauses, some modernization of the language of the clauses and new definitions of some terms. With these revisions, the coverage is widened to offer more protection to the assured. This may enable the widely used Institute Cargo Clauses to receive even greater worldwide acceptance. The following are the main changes in the new 2009 ICC compared with the 1982 ICC. 1. Insufficient or unsuitable Packing or Preparation(Clause 4.3): The revised clause is more favourable to the assured because under the revised clause this sub-clause is only applicable to (a) where packing or preparation is carried out by the assured or their employees or (b) packing or preparation takes place before the attachment of the risk. 2. Insolvency or Financial Default (Clause 4.6): The insolvency and financial default wording is incorporated in the revised clauses, making it more favourable to the assured. 3. Unseaworthiness (Clause 5): The revision is more favourable to the assured in that it limits the exclusion in relation to the unfitness of vehicles, vessels or containers to cases where the assured or their employees are privy to such unfitness. 4. Terrorism (Clause 7): A new definition of "terrorism" is introduced and the revised clause also widens the acts of an individual to encompass ideological and religious motives.

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Study on Comparison of Korean and Japanese National Park Systems from the Conservation Perspective (보전적 측면에서 바라본 한국과 일본의 국립공원제도 비교)

  • Jo Tae-Dong
    • Journal of Environmental Science International
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    • v.13 no.10
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    • pp.871-882
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    • 2004
  • Korea's national park system resembles that of Japan in many ways. In this study, National park Systems of the two countries are compared from a standpoint of their historical backgrounds to be formed and in aspect of its conservation by the main revision of national park laws in perspective. In conclusion it was found out that Korea's toleration-based regulations on building park amenities have gradually neglected the park conservation effort, whereas Japan's authorization-oriented regulations have streng thened their emphasis on park conservation. From the comparison as above, the polices to be modified for Korean national park are proposed as follows: 1. National park system, which values diversity of species, is to be proposed. For this, the Article 8 which allows a development of National parks, Enforcement Ordinance Article 4, The Article 18 of Law, Enforcement Regulation Article 6 & 7 of National Park Law should be reviewed for deletion and revision. 2. On the basis of the laws, zoning system should be readjusted by discriminated conservation policy. Also, the readjustment of zoning system should be enforced after thorough analysis and research on the value of natural resources in the national park. 3. Korea should closely review the recently revised Japanese laws on the national parks and nature revitalization promotion for applying them to conservation policy of Korean national parks.

Analysis on Regulation Revision Record to Term of Warranty Liability to Reinforced Concrete Work in Apartment Building (공동주택 철근콘크리트 공사의 하자담보책임기간 개정 이력 분석)

  • Park, Jun-Mo;Seo, Deok-Seok
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2017.05a
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    • pp.268-269
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    • 2017
  • Apartment building, which has been accompanied by economic growth in Korea, is a home of life and has the value overlapping as housing and assets. The improvement of consumer's eye level and development of related technology and related service development have positive function that enriches society and creates economic wealth. On the other hand, the clash and conflict between stakeholders increase social unrest and waste our competitiveness by economic loss. The term of warranty liability of apartment building is an important issue of defect lawsuits and is only a few quantitative standards. However, in this study, we examined the revision history of the law and ordinances for the reinforced concrete construction. As a result, establishing and revising the relevant standard, there is no definite basis system to support it. To improve this, the efforts to provide the standard for term of warranty liability and quantitative and objective basis to support it should be accompanied continuously.

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