• Title/Summary/Keyword: The Principle of Trust

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A Study on the Application of Principle of Good Faith in L/C Base Transaction (신용장(信用狀) 거래(去來)에 있어 신의성실(信義誠實) 원칙(原則)의 적용(適用)에 관한 고찰(考察))

  • Shin, Koon-Jae;Kim, Kyung-Bae
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.22
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    • pp.173-197
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    • 2004
  • Letter of Credit between buyer and seller in International Trade Transaction is the means of payment which makes International Trade operate smoothly by guaranteeing an exporter against non-payment and an importer against non-delivery. Therefore, the parties to a sale apply UCP500 established by the International Chamber of Commerce, in accordance with principle of the freedom of contract among the parties concerned, to look to their own legal stability. However, we may recognize some cases to have been applied principle of faith and trust, one of the dominant principles of the civil law, by the Korean Supreme Court and other cases to have not been applied that principle by the Korean Supreme Court. The Court shall apply UCP500 strictly as long as the parties concerned adopt UCP500 in view of the legal stability. In other words, in case that the Court applies principle of faith and trust to the case related to L/C, this rule - principle of faith and trust - should apply to the subject matter which have not stipulated in UCP500 under certain restriction. We suggest keeping in mind points to korean companies as follows; First, the parties to a sale shall understand L/C basis transaction and principles related to L/C deeply. Second, the exporter shall prepare documents in compliance with L/C and fulfil his or her obligation according to UCP500 and L/C related to the contract. Third, as buyer or importer, when he or she receive the shipping documents with discrepancies from the notifying bank, he or she makes him or herself clear to all the parties concerned. Fourth, as bank, she shall examine all the documents according to UCP500 and L/C related to the contract, and if any document with discrepancies, the bank, by all means, shall approach applicant first, and then decide whether to pay the credit amount to beneficiary or not to.

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Application of the Principle of Trust to the Medical Service Division between Oriental and Western Medicine (한·양방 의료 사이에서 신뢰의 원칙이 적용되는 경우에 관한 고찰)

  • Bak, Cheol
    • The Korean Society of Law and Medicine
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    • v.16 no.1
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    • pp.125-151
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    • 2015
  • South Korea's medical system has dual systems-that is, Oriental and Western Medicine. Both are different from method for diagnosis or treatment of diseases and Scientific principle. Of the characteristics of Oriental medical practice in comparison with Western medical practice, notably, it is difficult to acknowledge specific constitutions, Oriental medical doctors' discretion is broad, and Oriental medical practice has a low invasiveness. Thus, it is difficult to acknowledge human specific constitutions when grounded on Oriental medical principles, thereby making it difficult for Oriental medical doctors to argue such specific constitutions as a means of defending against their medical negligence. And, it is difficult to prove Oriental medical doctors' negligence because Oriental medical doctors' scope of discretion is broad. Collaboration of Oriental medicine and western medicine can diagnose and treat the patient's diseases from a different viewpoint, making both medicines complementary. Oriental medicine and western medicine are independent of each other, equal, thus making them divided horizontally. Horizontal medical service division involves the principle of trust, but the principle of trust does not always apply to Oriental medicine and western medicine, because if patients shift from one area of medicine to another, the scientific principle, diagnostic method and treatment method of that medical area should be different. Application of the principle of trust to both of them needs to be analyzed according to types of medical institutions where transfers occur, and to the scope of work division between them.

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A Study on negligent liability in Aviation Criminal Law (항공형법에서의 과실 책임에 관한 연구)

  • Hwang, Ho-Won
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.13 no.2
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    • pp.48-62
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    • 2005
  • In aviation criminal law is negligence different from in civil law and in general criminal law. The Interpretation of aviation criminal negligence must be elucidated in characteristic own way. The thesis considers the principle of trust, permissible risk and the accomplice offender.

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A Study on the Improvement of Security Enhancement for ZTNA (보안성 강화를 위한 ZTNA운영 개선방안 연구)

  • Seung Jae Yoo
    • Convergence Security Journal
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    • v.24 no.1
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    • pp.21-26
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    • 2024
  • The security model in the previous network environment has a vulnerability in which resource access control for trusted users is not properly achieved using the Perimeter model based on trust. The Zero Trust is an absolute principle to assume that the users and devices accessing internal data have nothing to trust. Applying the Zero Trust principle is very successful in reducing the attack surface of an organization, and by using the Zero Trust, it is possible to minimize damage when an attack occurs by limiting the intrusion to one small area through segmentation. ZTNA is a major technology that enables organizations to implement Zero Trust security, and similar to Software Defined Boundary (SDP), ZTNA hides most of its infrastructure and services, establishing one-to-one encrypted connections between devices and the resources they need. In this study, we review the functions and requirements that become the principles of the ZTNA architecture, and also study the security requirements and additional considerations according to the construction and operation of the ZTNA solution.

Standards of Due Diligence and Separation of Responsibilities in the Division of Labor in Medicine (분업적 의료행위에 있어서 주의의무위반 판단기준과 그 제한규칙들)

  • Choi, Hojin
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.41-72
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    • 2018
  • In the division of labor (or teamwork) in medicine, the responsibility of medical and nursing staff should be separated or distributed to justify negligent criminal offenses. The present work refers to the standards by which the due diligence and responsibility of the individual persons are to be determined and delimited. In this context, it has been proven that objective theory as a measure of due diligence is appropriate. From a moral point of view, when assessing due diligence, it makes sense to impose greater individual or higher performance demands on the perpetrator, but law and order require that due diligence should result from socially relevant human behavior. To give objective measure of negligence and to provide the highest level of personal responsibility, so that man can not be burdened too much responsibility and it is accordingly with an equality theorem. Afterwards some points are presented, which should be considered in a concrete fact in the determination of the medical negligence. Medical action has specific characteristics such as professionalism, discretionary and exclusive, unbalance of information. These characteristics distinguish medical actions from general negligence. The general level of knowledge, the urgency, working condition and working environment of the medical facility, duration of the professional practice, assessment of the medical activity are crucial in this context. As a standard of delineation of due diligence, I have used the permitted risk and the principle of trust. In the horizontal division of labor, the principle of trust applies. The principle of trust applies in principle in cases of division of labor interaction, when doctors in the same hospital exercise their own specific occupational field or everyone works in another hospital. However, this is not true for every case. In the vertical division of labor, the principle of trust does not apply and the senior physician can not trust the assistant doctors. In this case, the principle of trust is converted into a duty of supervision for assistant doctors by the senior physician. This supervision requirement could be used as a random check.

A Study on the Application of Security Reinforcement Technology Reflecting Zero Trust Principles (제로 트러스트 원리를 반영한 보안 강화 요소 기술 적용 방안 연구)

  • DA-IN Lee;Hoo-Ki Lee
    • Convergence Security Journal
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    • v.22 no.3
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    • pp.3-11
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    • 2022
  • With increasingly sophisticated cyber threats, accelerating cloud adoption, and the adoption of remote and hybrid work environments due to the COVID-19 pandemic, the traditional security model, in which many businesses implicitly trust everything within their boundaries, is changing without boundaries, allowing data and users The concept of zero trust is getting more and more attention as the fact that it is not suitable for today's increasingly decentralized environment has been highlighted. Zero Trust is a cyber security model on the premise that 'no one trusts'. In principle, there is no safe area or user in the entire system, and internal users are also verified. is a way As telecommuting becomes commonplace due to the COVID-19 pandemic, and existing cyber security measures are facing limitations, Zero Trust technology is drawing more attention. Accordingly, it is expected that the Korean government will also check the status of acceptability of the domestic public and private sectors and tasks that need improvement when introducing Zero Trust with reference to the NIST standard. In this paper, the basic principles, philosophy, and considerations of Zero Trust and Zero Trust are explained, and practical basic measures to strengthen security by combining Zero Trust technology are presented.

A Study about Legal Issues of Ship Crash in Open Ports Act (개항의 항계 안에서의 선박충돌에 따른 법률상의 쟁점 -해양안전심판원의 재결사례에 대한 분석을 중심으로-)

  • LIM, Seok-Won
    • Journal of Fisheries and Marine Sciences Education
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    • v.28 no.1
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    • pp.221-234
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    • 2016
  • Open port has the designated course and traffic jam of ships happens often. This fact may connect to ship crash easily. And the accident happens due to violation of navigation mainly. In ship crash between Neoblue and Shinkwang 7 at incheon open port, the Korean incheon maritime safety tribunal shows that the violation of navigation and duty of attention at the open port would produce ship crash directly. Wherefore, the interpretation and application of navigation are important to protect future ship crash accident. The points of navigation as objects of study are divided into two categories, interpretation and application of navigation on crashing between the ship which navigate the designated course and the ship which enter into the designated course from the another course or outside the course, interpretation and application of navigation on crashing between two or more ships, which navigate violating the navigation every ships and violating agreement rule each other. And as conclusion, I refer the legal responsibility both Neoblue and Shinkwang 7 in detail. The results of this study as follows : First, in case of crashing between the ship which navigate the designated course and the ship which enter into the designated course from the another course or outside the course, public order in open port act can be applied by priority. However, in applying the public order the principle of trust and reasons of crew, cause and effect, the time of navigation application are mandatory considerations. Second, in case of crashing between two or more ships, which navigate violating the navigation every ships and violating agreement rule each other, we should focus on the reasons of crew. Also, the reasons of crew need strict conditions. These means that the awareness of crash danger and recognition of special circumstance including limit state of ships, existence of emergency danger, non escaping crash danger by only observance of navigation. And in case of this state the public order the principle of trust and reasons of crew, cause and effect, the time of navigation application should be considered by priority, too.

Review of 2012 Major Medical Decisions (2012년 주요 의료 판결 분석)

  • Lee, Jung Sun;Lee, Dong Pil;Yoo, Hyun Jung;Jeong, Hye Seung
    • The Korean Society of Law and Medicine
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    • v.14 no.1
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    • pp.303-354
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    • 2013
  • In 2012, the major jurisdictions regarding medical cases caused the controversial issues towards medical and legal fields by getting the judgments from the Supreme Court, which admitted the exceptional admissibility on discretionary grant. By regarding the serial negligence of medical organizations as a separate tort, the sentences which made up irrationality, were spoken by the court. As a result, if the treatment was made, which did not follow the entered matters in medical documents attached, the court announced the jurisdiction that presumes the negligence, which provided the evidence of negligence; on the other hand, this gave had the burden to medical branch to take great care for medicinal treatment. To be applicable for the Principle of Trust, the doctors have to give and take the necessary information for the treatment process and symptom decisions, which also commented in the court. Thus, this case made it difficult to apply the Principle of Trust and considered all the conditions as tough ones, which eventually induced lesser faults for patients' care. Moreover, the court confirmed that the medical ads sending the emails to the members belong to the internet portal sites, are not the inducing behavior by considering that the actions are only medical ads. Furthermore, in the case of Namsu Kim, the court's interpretation was rather limited the definition for medical practice that announced limited Erweiterung der Strafbarkeit cases by lower courts. As a consequence, it is very interesting whether the Supreme Court may change their position and concerning the duty of explanation, the trend to expand the contents and scopes for the duty of explanation continues by admitting instruction explanation obligation and all the compensations and so on.

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Zero Trust-Based Security System Building Process (제로 트러스트 기반 보안체계 구축 프로세스)

  • Ko, Min-Hyuck;Lee, Daesung
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.25 no.12
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    • pp.1898-1903
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    • 2021
  • Recently, the need to be wary of internal access such as internal access as well as external attackers' access to work has increased due to network expansion, cloud infrastructure expansion, and changes in working patterns due to COVID-19 situations. For this reason, a new network security model called Zero Trust is drawing attention. Zero Trust has a key principle that a trusted network does not exist, and in order to be allowed access, it must be authenticated first, and data resources can only be accessed by authenticated users and authenticated devices. In this paper, we will explain these zero trust and zero trust architectures and examine new security application strategies applicable to various companies using zero trust and the process of building a new security system based on the zero trust architecture model.

A Study on Zero Trust Technology Trends (제로 트러스트 기술 동향에 관한 연구)

  • Miyeon Kim;DaeGyeom Kim;Jong-Min Jang;Sang-Jun Park;Souhwan Jung;Jungsoo Park
    • Smart Media Journal
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    • v.12 no.2
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    • pp.15-26
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    • 2023
  • Due to the global COVID-19 pandemic, which has led to a shift towards remote work, the frequency of external access to important internal resources by companies has increased exponentially, exposing them to various security threats. In order to address these access security issues, ZTA (Zero Trust Architecture) has gained attention. ZTA operates on the principle of not trusting external or internal users, and manages access authentication and authorization strictly according to pre-established policies. This paper analyzes the definition of ZTA and key research trends, and summarizes different ZTA solutions for each company.