• Title/Summary/Keyword: Security Association

Search Result 3,867, Processing Time 0.031 seconds

Legal Relations of the Contract of International Carriage of Goods by Air (국제항공화물운송계약(國際航空貨物運送契約)의 법률관계(法律關係) -화주(貨主)의 권리의무(權利義務)를 중심(中心)으로-)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.1
    • /
    • pp.193-222
    • /
    • 1989
  • The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.

  • PDF

Military Competition and Arms Control in Space (우주상 군비경쟁과 군비통제)

  • Shin, Dong-Chun;Cho, Hong-Je
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.26 no.2
    • /
    • pp.203-237
    • /
    • 2011
  • Since USSR successfully launched its satellite "Sputnik"in 1957, many countries including US and USSR began military use of space, and engaged in arms race in space, which is against spirit and ideals of peaceful use of space as common heritage of mankind stipulated in many treaties such as Outer Space Treaty. With worsening Cold War between East and Western Bloc, this military use of space and arms race in space has been intensifying. Regarding the ideals of peaceful use of space, it is interpreted that military use of space is possible unless it does not have the purpose of aggression. The military use of space may have diverse forms such as attacking satellites in space, or attacking from satellites, making use of present and future technologies available which should include the use of nuclear and kinetic/hyper-speed weapons, laser, particle beams, near explosion, disturbance weapons in different directions (i.e., surface to space, space to space, and space to surface). Arms control is being implemented by the efforts of many countries in different formalities including legislature of international treaties under the auspices of UNCOPUOS and prohibition of weapons of mass destruction. Taking outstanding examples aiming at arms control by international community, there are confidence building measures (CBM), strengthening implementation of existing treaties, partial ban of nuclear tests, countryand regional approach, comprehensive approach and measures having legally binding force. While U.S. has surpassed other countries concerned in the area of military useof space, it withdrew from OST in early 2000s, thereby raising concern of international community. It requires concerted efforts of cooperationand implementation by international society to make sure peace of mankind and environmental conservation through arms control in space. Observing de facto possession of nuclear weapons by North Korea following series of nuclear tests and launching satellites, and efforts of launching rockets by South Korea, it is strongly needed for both countries to take part in arms control efforts by international community.

  • PDF

A Study on the Qualitative Evaluation Factors for Mobile Game Company (모바일게임 기업의 정성적 평가요인에 관한 연구)

  • Choi, Seok Kyun;Hwangbo, Yun;Rhee, Do Yun
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
    • /
    • v.8 no.3
    • /
    • pp.125-146
    • /
    • 2013
  • Nowadays, the performance of the mobile game sales is influencing the ranking of game companies listed on KOSDAQ. In the meantime, venture capital companies had focused on online game. Recently, however, they have great interest in mobile games and mobile game companies. In addition, angel investors and accelerators are increasing investment for the mobile game companies. The most important issues for mobile game investor is how to evaluate the mobile game companies and their contents. Therefore, this study derived the evaluation factors for the mobile game company. And research method converged of the opinions of both supply side and demand side of the game industry. Ten professionals who are responsible for the supply of the game industry and CEO group & development experts of game development company were selected for survey in this study. Also ten professionals who are responsible for the demand of the game industry and the investment company were selected for survey in this study. And Delphi technique was performed according to the survey. Management skills, development capabilities, game play, feasibility, operational capabilities has emerged as five evaluation factors to evaluate the mobile game company. And the 20 sub-factors including CEO's reliability were derived. AHP(Analytic Hierarchy Process) theory is applied to analyze the importance of the qualitative elements which were derived by Delphi technique. As a result, the analysis hierarchy of evaluation factors for the mobile game company was created. Pair-wise comparison for each element was performed to analyze the importance. As a result, 'Core fun of the game' (12,2%), 'Involvement of the game' (10.3%), 'Security Reliability' (8.9%), 'Core developers' ability' (7.6%) appeared in order of importance. The significance of this study is offering more objective methodology for realistic assessment and importance of elements to evaluate mobile game company.

  • PDF

A Study on Living Arrangement of Older Korean Noncitizens in the United States (재미 한국 영주권자 노인들의 주거형태에 관한 연구)

  • 이금룡
    • Korea journal of population studies
    • /
    • v.20 no.2
    • /
    • pp.99-134
    • /
    • 1997
  • The purpose of this study is to examine major factors that affect patterns of living arrangements of older Korean noncitizens in the United States using the 1990 8% Public Use Microdata Sample(PUMS). In order to do so, I analyzed the effects of four factors including acculturation(English proficiency and Age at migration), economic circumstances(Personal Income and Supplemental Security Income: SSI receipt), health status(Mobility and Personal care limitation), and the ethnic community. The results show that acculturation and economic circumstances play an important role in determining the patterns of living arrangements among older Korean aliens, whereas the health status and the ethnic community do not show consistent effects. Regardless of marital status, the impact of age at migration is positively associated with solitary living of older Korean noncitizens, though, the effect of English proficiency show the opposite direction in accordance with marital status. That is, among nonmarried elders, those who cannot speak English are more likely to live alone. The case is reverse for married elders. The impact of economic feasibility is also positively associated with independent living arrangements. Those who receive SSI are much more likely to live apart from family, and elders whose annual personal income between $5, 001 and $10, 000 have the greatest propensity of solitary living-a large proportion of their income source is SSI. Individuals who receive SSI are also qualified to collect Medicaid, food stamps, rent subsidies, and other welfare benefits. In a sense, the economic feasibility provided by welfare benefits is the key determinant of independent living of older Korean noncitizens. Therefore, the recent welfare reform which denies legal aliens welfare benefits such as SSI and food stamps will severly affect the present living arrangements of older Korean aliens, and give economic burden to their family member The findings also show that there are significant differences within the elderly Korean Americans in terms of demographics, income, fertility, health status, and patterns of living arrangements by U.S. citizenship status. In particular, after controlling for age at migration as a proxy for acculturation, there is a statistically significant variation in living arrangements between elderly Korean noncitizens and naturalized citizens. For both theoretical and methodological reasons, future research on minority aging needs to investigate the concept of U.S. citizenship status for its impact on patterns of living arrangements among the minority elderly.

  • PDF

An Analysis of the Managerial Level's Gender Gap and "Glass Ceiling" of the Corporation (기업 관리직의 젠더 격차와 "유리천장" 분석)

  • Cho, Heawon;Hahm, Inhee
    • 한국사회정책
    • /
    • v.23 no.2
    • /
    • pp.49-81
    • /
    • 2016
  • This study agrees with the idea that a situation centered perspective provides a useful contribution in understanding women's attitude on organizations. Women's occupational experiences are less related to their "femaleness" than to the structural constraints inherent in the occupational positions women fill. So characteristics of the organizational situation including gender composition and hierarchical status may "shape and define" women's experience on the job. The present study examined the managerial level's gender gap and "glass ceiling" of the corporation. According to Kanter, if the ratio of women to men in organizations begins to shift, as affirmative action and new hiring and promotion policies promised, forms of relationships and corporate culture should also change. However, the mere presence of women on workplace may not, in itself, result in women-friendly work condition. This study analyzes "Korean Women Manger Panel survey(2010 3rd. wave)" to examine how much gender gap of the managerial level persists and when the glass ceiling effect emerges. Using t-test and ANOVA, various aspects of the gender gap within managerial level were verified. The most significant finding is the glass ceiling effect starts from very low level of management. Policy implications from the statistical analysis of the Panel survey are: 1) We need to increase the absolute number of the women managers for securing middle level women leadership pipe line. 2) We need to confront the fact that the glass ceiling starts from the very low managerial level, and to explore more realistic way to break up the vicious circle for the tokenism. and 3) We need to looking beyond numbers in approaching women's matter at work. At the cultural and institutional level, work-family programs and policies, women's ratings of their competence, and family-friendly organization's climate should be considered.

Feasibility of Tax Increase in Korean Welfare State via Estimation of Optimal Tax burden Ratio (적정조세부담률 추정을 통한 한국 복지국가 증세가능성에 관한 연구)

  • Kim, SeongWook
    • 한국사회정책
    • /
    • v.20 no.3
    • /
    • pp.77-115
    • /
    • 2013
  • The purpose of this study is to present empirical evidence for discussion of financing social welfare via estimating optimal tax burden in the main member countries of the OECD by using Hausman-Taylor method considering endogeneity of explanatory variables. Also, the author produced an international tax comparison index reflecting theoretical hypotheses on revenue-expenditure nexus within a model to compare real tax burden by countries and to examine feasibility of tax increase in Korea. As a result of the analysis, the higher the level of tax burden was, the higher the level of welfare expenditure was, indicating the connection between high burden and high welfare from the aspect of scale. The results also indicated that the subject countries recently entered into the state of low tax burden. Meanwhile, Korea had maintained low burden until the late 1990s but the tax burden soared up since the financial crisis related to the IMF. However, due to the impact of foreign economy and the tax reduction policy, it reentered into the low-burden state after 2009. On the other hand, the degree of social welfare expenditure's reducing tax burden has been gradually enhanced since the crisis. In this context, the current optimal tax burden ratio of Korea as of 2010 may be 25.8%~26.5% of GDP based on input of welfare expenditure variables, a percent that Korea was investigated to be a 'high tax burden-low ITC' country whose tax increase of 0.7~1.4%p may be feasible and that the success of tax system reform for tax increase might be higher probability when compare to others. However, measures of increasing social security contributions and consumption tax were analyzed to be improper from the aspect of managing finance when compared to increase in other tax items, considering the relatively higher ITC. Tax increase is not necessarily required though there may be room for tax increase; the optimal tax burden ratio can be understood as the level that may be achieved on average when compared to other nations, not as the "proper" level. Thus, discussion of tax increase should be accompanied with comprehensive understanding of models of economic developmental difference from nations and institutional & historical attributes included in specific tax mix.

Vietnam in 2016: The Situations and Prospects of Politics, Economy, and International Relations (베트남 2016: 정치, 경제, 대외관계의 현황과 전망)

  • LEE, Han Woo;CHAE, Su Hong
    • The Southeast Asian review
    • /
    • v.27 no.1
    • /
    • pp.163-191
    • /
    • 2017
  • This article aims to review the recent, especially focusing on the year of 2016, situations and prospects of the Vietnamese politics, economy, and international relations. Politically, Vietnam completed the election of members for the National Assembly and organized new leadership at the 12th National Congress of the Vietnamese Communist Party in 2016. One characteristic of the new leadership is that the politicians, especially the members of politburo, from the North continue to occupy the position of majority. The other one is that the new leadership promised to carry out the restructuring of economy toward industries producing higher value-added commodities even though Vietnam industries admittedly need to accelerate present industrialization and modernization as a developing country under the seemingly contradictory slogan of "the development of market economy for socialism." The declared goals of the new leadership in Vietnam are inevitable in a sense since the development of Vietnamese economy has been heavily dependent upon Foreign Direct Investment(FDI) taking advantage of Vietnamese cheap labor and simultaneously it is evident that its future is unsecure if it maintains status quo. In fact, the Vietnamese economy has impressively showed high growth rate by the help of foreign capitals since 1990s despite the repetitive recessions of global economy but its growth is not likely to be sustainable anymore if it will not reduce foreign dependency and social economic inequality in a long term. In a short run, global economic recession, the financial and monetary policies of global powers, and recent protectionism and uncertainty of trade agreements will be three crucial variables to affect Vietnamese economy. In terms of international relations, Vietnam is continuously expected to practise the policy of checks and balances among the powerful countries. Vietnam has seriously disputed with China on islands sovereignty in the South China Sea and attempted to maintain close relationship with other powerful countries including especially America. However, mainly due to the new protectionism by the regime of American president Donald Trump, the Vietnamese government also need to keep close relationship with China increasingly for both economic and diplomatic security. Under the circumstances, Vietnam is expected to maintain more practical and balanced international relations.

A Structural Equation Modeling of Internalizing Problem Behaviors of Korean Chinese'left-behind'Children in China (중국 조선족 유수아동의 내재화 문제행동에 관한 구조모형)

  • Hyun, Mina;Park, Jisun;Shin, Dong-Myeon
    • 한국사회정책
    • /
    • v.24 no.1
    • /
    • pp.153-185
    • /
    • 2017
  • The purpose of this study is to investigate the actual conditions and causes of the problem behaviors of Korean Chinese'left-behind'children in China in order to propose a support system to prevent problem behaviors of them. For this purpose, a questionnaire survey was conducted on 399 children who attend at three Korean Chines schools in Yonbian in China. The questionnaire consisted of general characteristics, internalizing problem behavior, social support, self-esteem, and self-resilience. This paper analysed the survey data by employing one-way ANOVA and a structural equation modeling. It verified if there is significant difference in internalizing problem behaviour, self-esteem, self-resilience, and social support between left-behind children's group and non left-behind children's group. It also identified a structural causal relationship and direct or indirect effects among problematic behaviour, self-esteem, self-resilience, and social support. The results of the analysis are as follows. First, there was a statistically significant difference in the social withdrawal and depression of internalizing problem behaviors between left-behind children's group and non left-behind children's group. Second, the left-behind children's group showed no significant difference in self-resilience and social support compared to non left-behind children's group, but showed a significant difference in self-esteem. In the positive self- esteem factor, non left-behind children's group showed much higher score whereas left-behind children's group was higher in the negative self-esteem factor. Third, social support for left-behind children's group has a statistically significant direct negative effect on internalizing problem behaviors, and indirectly negative effects on problem behavior through self-resilience. These results suggest the necessity of establishing a social support system for mitigating and preventing problem behaviors and the necessity of preparing measures to improve self-resilience. Based on the results of the study, we discussed how to establish a social support system in China to mitigate internalizing problem behaviors of Korean Chinese left-behind children.

Evaluating the Strategic Reaction of Labor Union Movement toward Labor Reforms: The Two National Centers' Reaction toward Park, Guen-Hye Government's Labor Market Restructuring (노동개혁국면에 있어 노조운동의 대응전략에 관한 평가: 박근혜정부의 노동시장 구조개혁에 대한 양노총의 대응을 중심으로)

  • Lee, Byoung-Hoon
    • 한국사회정책
    • /
    • v.23 no.1
    • /
    • pp.1-23
    • /
    • 2016
  • This study evaluates the strategic capacity of Korean labor union movement by examining policy alternatives and strategic steps that the Federation of Korean Trade Unions and the Korean Confederation of Trade Unions have shown in response to Park Geun-Hye government's labor market structuring policies. While the government-led labor reform was carried out as intended, organized labor has not simply failed to achieve progressive labor reforms to enhance employment security, but also to exert their strategic capacity effectively for preventing Park's labor market flexibilization policies. The two national centers have not been able to exert their strategic capacity (such as intermediating, framing, articulating, learning) for mobilizing the resources of internal solidarity, network embeddedness, narrative discourse, and organizational infrastructure. In particular, the formation and diffusion of public discourse is a significant part of strategic capacity of labor unions dealing with the labor politics of labor market restructuring, since organized labor, which is under the unfavorable constraints of limited movement resources and power imbalance with the business circle, needs to mobilize massive support and participation from union members and civil society organizations. In this light, it becomes of more importance for labor union movement to exert their strategic capacity toward internal solidarity and network embeddedness in the stage of labor market reforms. Under the recent stage of labor reforms, however, the labor unions has not harnessed their movement resources effectively, but undertaken their protest in a traditional manner, thereby losing its public efficacy from inside and outside. Moreover, it is necessary to build and activate the network of organic solidarity among organized labor, civil society organizations and progressive political parties, in order to cope with the pro-business coalition of power elites for accomplishing pro-labor reforms.

Extreme Job, How Will We Survive Since "Candlelight Protest"? -A Revival of Comic Mode and a Comedy Film in the Age of Self-Management (<극한직업>, '촛불혁명' 이후 어떻게 버티며 살아남을 것인가? -코믹 모드의 부활과 자기경영 시대의 코미디영화)

  • Chung, Young-Kwon
    • Journal of Popular Narrative
    • /
    • v.26 no.3
    • /
    • pp.221-254
    • /
    • 2020
  • This paper finds a solution in the social context which cannot be explained thoroughly by well-timed release date, revival of comedy films, and the attraction of Lee Byeong-heon's comedy etc. while it throws question of how the film, Extreme Job captivated 16 million audience. The incredible hits of Extreme Job cannot be explained by analyzing the text alone. After this essay investigates a function and a role of comedy as a public sphere, it examines people's desires and wishes in the comedy and other genres since 2008 when the conservative government has seized power. Since 2008 a series of dark tone's action thriller, social problem film, and disaster film have emerged, these genres showed absence of public security, crisis of democracy and criticism against rulling class. On the other hand, hit comedy films have showed escapism such as weepie, nostalgia, and fantasy at the same time, generally. Although Veteran (2015) is not full-blown comedy, after this film's big success, "comic mode" has gradually revived. A light tone's films which are truer to genre rules has started representing the wishes of people toward social reforms and changes. Meanwhile, "Candlelight Protest" served as a momentum to recover the democracy which has been in crisis, but it could not lead changes in economic and daily lives. Exreme Job can be read as a question how we will survive since "Candlight Protest." The lives of detectives as self-employed workers who has taken over a fried chicken restaurant for going undercover are appearances of ordinary persons who must survive in the edless conpetition. Furthermore, this film shows a dream of a "great success myth" which becomes well-known as a famous restaurant and a self-management such as brand-naming and an exapansion of franchise business. We can read ganster's chicken franchises as a huge distribution industry which disturbs market system by delivering drugs secretly. While applauses that we give to the police having identities of self-employed workers which sweeps the ganster are giving support to oridinary neighborhood like us, they are also wishes of people who long for the restoration of publicness of police in the market which is becoming increasingly privatized today. A significance of this essay is to examine Extreme Job in terms of the geography of film genres and the revival of comic mode sicne 2008 at the macro level, and is to read the film in the perspective of the problems of economic and daily lives which has been still unsolved since "Candlelight Protest" at the micro level.