• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.29 no.1
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• pp.27-33
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• 2019

Objective: This study analyzed the status of the application of trade secrets in MSDSs according to size and type of industry. The contents of the MSDS non-public approval policy are summarized. We suggest proactive improvement requirements related to the operation of the MSDS non-public approval policy. Methods: To review this subject, we selected 153 manufacturers and six importers in such fields as organic chemical production. The trade secrets application status and ratio (%) of MSDSs by industry size and industry classification were investigated. Improvements toward a proactive system related to the operation of the MSDS non-public approval policy under the Occupational Safety and Health Act(OSHA) were summarized. Results and Conclusions: According to the results, the trade secret ratio in MSDSs by industry size was 33% in workplaces with less than 50 employees, 23.1% in workplaces with more than 50 but less than 100 workers, 73% in workplaces with more than 100 workers, and 83.4% in workplaces with 300 or more workers. For the trade secret writing rate for MSDSs by industry, the highest was MOCCP (Manufacture of ink, paint, coating and similar products) at 80.9%. MOC (Manufacture of other chemicals) was the lowest at 16.2%. We propose four proactive efforts to minimize the administrative burden of implementation of the MSDS non-public approval policy. The results of this study can be used as basic data for policy improvements to make more effective use of MSDS.

• Journal of Distribution Science
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• v.15 no.12
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• pp.53-60
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• 2017

Purpose - This paper analyzes the effect of the handset subsidy and the Mobile Number Portability subscriber subsidy regulation, which are the main regulation adopted in "Law on the Improvement of the Mobile Terminal Distribution System" (Mobile Terminal Distribution Act), on the social surplus, the consumer surplus and profits of telecommunications carriers. We focus our analysis on whether the service charge competition is stimulated enough so that it can compensate for the loss of subsidies. Research design, data, and methodology - We use simple economic model to assess the impact of the handset subsidy and the Mobile Number Portability subscriber subsidy regulation. Unlike the former researches on this topic, we depart from using Hotelling model, and instead use the switching cost model, which uses switching cost as a parameter of market powers of telecommunications carriers. We also study the effect of the two different regulations when they are adopted both independently and concurrently. Results - If the market powers of telecommunications carriers are over certain threshold, contrary to the regulatory agency's assertion, the service charge competition would not be stimulated enough to compensate for the deduction in the subsidies, and thus the consumer surplus is compromised. Number Portability subsidy, especially, undermines the rival's market power and thus reduces the service charge. On the other hand, the regulations will also increase the profits of telecommunications carriers. However, social surplus is maximized when both of the regulations are present because the regulations reduces the frequency of switching handsets inefficiently. Conclusions - In enacting the Mobile Terminal Distribution Act, the telecommunications regulatory agency asserted that the regulation on subsidies will stimulate service charge competition, and in the long run, enhance the consumer surplus. However, contrary to the regulatory agency's assertion, subsidy regulation, especially the regulation on Number Portability subsidy, reduces consumer surplus. On the other hand, the Mobile Terminal Distribution Act can also increase the profits of telecommunications carriers because it decreases competition among the telecommunications carriers. However, the Mobile Terminal Distribution Act can increase the social surplus because it reduces inefficient switching of handsets.

• The Journal of Information Technology
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• v.8 no.2
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• pp.135-148
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• 2005

The purpose of this article is to study on the Comparison of the Basic Law on Electronic Commerce and the Uniform Electronic Transactions Act(UETA). The purpose of th Basic Law on Electronic Commerce is to contribute to the national economy by clarifying the legal effect of transactions by means of electronic messages so as to ensure the security and reliability thereof and to secure fair trade, and further by establishing sound and orderly transactions, and promoting electronic commerce. It is important to understand that the purpose of the UETA is to remove barriers to electronic commerce by validating and effectuating electronic records and signatures. It is not a general contracting-the substantive rules of contracts remain unaffected by UETA. Nor is a digital signature statute. To the extent that a State has a Digital Signature Law, the UETA is designed to support and compliment that statute.

• Journal of the Korean Institute of Navigation
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• v.24 no.4
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• pp.247-254
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• 2000

Grouping ports in certain region by their characteristics could be used as the principal informations to establish national policy for port development or investment and also to analyze the competitiveness among ports. Currently Korean ports are divided into two groups such as the local port and the designated Port containing foreign trade port and coastal port under the Korean Port Act. This classification seems to be used for port administration as the matter of convenience but some qualitative grouping is needed for research of port-related matters. The aim of this paper is to cluster 28 foreign trade ports as per the similar characteristics by Hard C-Means and to analyze the results of this clustering.

• Korea Trade Review
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• v.46 no.4
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• pp.77-93
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• 2021

The results of this paper show that strategic and technical factors in the integration of logistics between shipping and logistics companies act as a synchronizing factor for internal and external logistics integration. In addition, internal integration of logistics is expanded to external integration, and internal and external logistics integration is shown to enhance the logistics performance of companies. In other words, the greater the strategic need for logistics integration and the higher the utilization of logistics technology, the stronger the motivation for logistics integration. Furthermore, both internal and external integration of logistics have a positive impact on companies' logistics costs and improvement of logistics services.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.145-166
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• 2012

This article examines the limitations of the choice of law caused by Internationally Mandatory Rules in Entering into the Turn-Key Contracts. In June 2007, Clough Engineering, a corporation based in Western Australia, approached the Federal Court of Australia seeking injunctive relief and leave to commence proceedings against an entity located outside Australia, the Oil & Natural Gas Corp of India (ONGC). Clough had contracted with ONGC to provide a range of services in relation to the construction of gas and oil wells off the coast of India. The contract was governed by Indian law, and included a clause by which the parties agreed to submit their disputes to arbitration. Yet the Federal Court assumed jurisdiction over the dispute, principally because Clough had framed its claim as a plea for relief for contraventions of Australia's Trade Practices Act 1974. The result of this cases that it is possible for an arbitral tribunal to hear a claim made under the Trade Practices Act even if that claim arises "in connection with"a contract the proper law of which is not the law of Australia. However, in Transfield Philippines Inc v Pacific Hydro Ltd, the turnkey contract included a choice of law provision, selecting the law of the Philippines, and a clause providing that all disputes arising out of or in connection with the agreement were to be arbitrated under the ICC Rules, with the seat in Singapore. Hearings were in fact conducted in Melbourne, Australia, although all awards were published in Singapore. The result of this cases that it would not be appropriate for an Australian court to adjudicate claims for misrepresentation under Australian statutes dealing with misleading and deceptive conduct, once the arbitral tribunal had determined, applying appropriate choice of law rules, that such claims are governed by the law of the Philippines. To do so would lead to a multiplicity of proceedings, usurp the jurisdiction of the tribunal and deny the intention of the parties as expressed by them in the arbitration agreement. In short, the Internationally Mandatory Rules as an active part of public order create limitation of party autonomy in choice of law rules in a different way. The court is fully entitled to refuse to use those rules of law applicable on the contract which are in the contradiction to the internationally mandatory rules of law of the forum. And the court may give an effect to those Internationally Mandatory Rules that form a part of a law of foreign country when deciding about applicability of certain rules of applicable law.

• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.343-405
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• 2009

This paper is to discuss essential business of hospital business. While the labor world and ILO made continuous recommendation for improvements towards the compulsory arbitration system along with the controversy over unconstitutionality of the system, the Constitutional Court ruled that the system is constitutional on December 23, 1996(90hunba19) and on May 15, 2003 (2001hunga31). Despite this decision from the Constitutional Court, there has been much controversy over whether the compulsory arbitration system infringes the rights of collective action against the principle of trade union & labor relations adjustment which allows Commissioner of the Labor Relations Commission to decide on submission of arbitration by virtue of his/her authority in case where industrial disputes take place in the essential public-service businesses. The revision on the above provision was closely examined from the year 2003 and an agreement was made on the abolition of the compulsory arbitration system and the introduction of essential business with a grand compromise among labor unions, employers and the government on September 11, 2006 followed by revision(Essential business system enacted on January 1, 2008) of the Trade Union & Labor Relations Adjustment Act on December 30 in the same year. Accordingly, in order to perform the essential business, parties to labor relations must have an agreement or obtain a decision by the Labor Relations Commission before taking industrial actions. This paper firstly examined the concept of essential public-service businesses and essential business, legal meaning of essential business, procedures for making agreement and decision and legal effects. Secondly it intensively explored a theory against the principle of the legality which was raised from some part of society. In other words, it is claimed that a theory against the principle of the legality is not consistent with the rule of legislation and some abstract wording is against void for vagueness doctrine because part of crime constitution requirements is delegated to the Presidential Decree or to consultation among parties to labor relations. But analysis on the rule of legislation and void for vagueness doctrine reflected in the decision by the Constitutional Court led that argument for a theory against the principle of the legality is not reasonable. Close examination was done on a formal act of essential business agreement and necessity of prior agreement before submission of decision to the Labor Relations Commission which might have difficulties in performing work. In addition, an example agreement on hospital essential business is attached to help you understand this paper better.

• Journal of Korea Trade
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• v.25 no.2
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• pp.152-177
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• 2021

Purpose - This study analyses the excepted requirement and burden of proof of the carrier due to unseaworthiness through comparison between the marine transport contract and marine insurance contract. Design/methodology - This study uses the legal analytical normative approach. The juridical approach involves reviewing and examining theories, concepts, legal doctrines and legislation that are related to the problems. In this study a literature analysis using academic literature and internet data is conducted. Findings - The burden of proof in case of seaworthiness should be based on presumed fault, not proved fault. The burden of proving unseaworthiness/seaworthiness should shift to the carrier, and should be exercised before seeking the protections of the law or carriage contract. In other words, the insurer cannot escape coverage for unfitness of a vessel which arises while the vessel is at sea, which the assured could not have prevented in the exercise of due diligence. The insurer bears the burden of proving unseaworthiness. The warranty of seaworthiness is implied in hull, but not protection and indemnity policies. The 2015 Act repeals ss. 33(3) and 34 of MIA 1906. Otherwise the provisions of the MIA 1906 remain in force, including the definition of a promissory warranty and the recognition of implied warranties. There is less clarity about the position when the source of the loss occurs before the breach of warranty but the actual loss is suffered after the breach. Nonetheless, by s.10(2) of the 2015 Act the insurer appears not to be liable for any loss occurring after the breach of warranty and before there has been a remedy. Originality/value - When unseaworthiness is identified after the sailing of the vessel, mere acceptance of the ship does not mean the party waives any claims for damages or the right to terminate the contract, provided that failure to comply with the contractual obligations is of critical importance. The burden of proof with regards to loss of damage to a cargo caused by unseaworthiness is regulated by the applicable law. For instance, under the common law, if the cargo claimant alleges that the loss or damage has been caused by unseaworthiness, then he has the burden of proof to establish the followings: (i) that the vessel was unseaworthy at the beginning of the voyage; and that, (ii) that the loss or damage has been caused by such unseaworthiness. In other words, if the warranty of seaworthiness at the inception of the voyage is breached, the breach voids the policy if the ship owner had prior knowledge of the unseaworthy condition. By contrast, knowingly permitting the vessel to break ground in an unseaworthy condition denies liability only for loss or damage proximately caused by the unseaworthiness. Such a breach does not, therefore, void the entire policy, but only serves to exonerate the insurer for loss or damage proximately caused by the unseaworthy condition.

• Journal of Korean Ophthalmic Optics Society
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• v.15 no.1
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• pp.31-38
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• 2010

Purpose: In this paper, we have dealt with problems and the improvement proposals of FTC (FAIR TRADE COMMISSION) report which insist on relaxed entry regulation for an optical shop. Methods: We analyzed each content of the FTC (FAIR TRADE COMMISSION) report which argue relaxed entry regulation for an optical shop. Results: At present, the supply of optician and optical shop are already saturated, the overseas cases cited would not be in accord with our reality. The reform of policy must take precedence in order to carry out the policy. A delicate balancing act is needed in order to satisfy both the government's and optician's needs. Conclusions: At this point, it is premature to carry out the relaxed entry regulation, this policy should be looked from a long-term point of view.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.153-178
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• 2016

The United Nations Convention on the International Sale of Goods(CISG) leaves a number of aspects concerning commercial sales untouched. In particular, it is not concerned with the validity of the contract or of any of its provisions or of any usage. And UNIDROIT don't deal with all-round validity in International Commercial Contract. Especially, UNIDROIT includes declaration of intention department. The UNIDROIT contains the chapter 3 on the "validity" in terms of the defects of consent such as mistake, fraud, and threat as well as "gross disparity". Notwithstanding these provisions, the Principles did not deal with invalidity arising from the lack of capacity or authority, or immorality or illegality. On the other hand, there are arguments that the corresponding provisions of the Principles of International Commercial Contracts(UNIDROIT Principles; PICC). Therefore, Validity in International Commercial Contract is delegate by Each Country Law. So Trade practicer should know full well about Each Country Law Position. People(human, corporation, company) of position Trade practice classify each country civil law relation to validity of commercial contract. This paper is to examine the Validity of UNIDROIT Principles. Also this paper analyses comparison on each country position relation to capacity of right, capacity to act, illegality of contract, declaration of intention. In conclusion, This paper expect that people of trade practice makes use of analysis knowledge.