• International Commerce and Information Review
• /
• v.8 no.4
• /
• pp.105-121
• /
• 2006

This study is related with the judgements of our country's supremcourt against the transaction of Letter of Credit which is beneficiary's fraudulent trade deal. In this case I think to analyse the judgements and to present the basic grounds on which the judgements were established. In Letter of Credit transaction, there are the major parties, such as, beneficiary, issuing bank, or confirming bank and the other parties such as applicant, negotiating bank, advising bank and paying bank. Therefore, in this cases, the beneficiary, the French Weapons' Supplier who did not shipped the commodities, created the false Bill of Lading, let his dealing bank make payment against the documents presented by him and received the proceeds from the negotiating bank or collecting bank, thereafter was bankrupted and escaped. For the first time, even though the issuing bank conceived that the presented documents were inconsistent with the terms of L/C. it did not received the payment approval from the applicant against all the discrepancies, made the negotiating bank pay the proceeds to exporter and thereafter, delivered the documents to the applicant long after the time of the issuing bank's examination of documents. The applicant who received the documents from the issuing bank, instantly did not examine the documents and inform to the issuing bank whether he accepted the documents or not. Long time after, applicant tried to clear the goods through custom when he knew the bill of ladings were false and founded out the documents had the other discrepancies which he did not approved. As the results, the applicant, Korea Army Transportation Command claimed, that the issuing bank must refund his paid amount because issuing bank examined the documents unreasonably according to u.c.p 500 Act 13th, 14th. In spite of the applicant's claim, the issuing bank argued that it paid the proceeds of L/C reasonably after receiving the applicant's approval of an discrepancy of document, the delayed shipment, but for concerning the other discrepancies, the trivial ones, the applicant did not examined the document and noticed the discrepancies in reasonable time. Therefore the applicant sued the issuing bank for refunding it's paid proceeds of L/C. Originally, this cases were risen between Korea Exchange Bank and Korea Army Transportation Command. As result of analysing the case, the contents of the case case have had same procedure actually, but the lower courts, the district and high courts all judged the issuing bank was reasonable and did not make an error. As analysing these supreme court's judgements, the problem is that whether there are the applicant's liability of examining the documents and informing its discrepancies to the issuing bank or not, and if the applicant broke such a liabilities, it lost the right of claiming the repayment from issuing bank. Finally to say, such applicant's liabilities only must be existed in case the documents arrived to the issuing bank was delivered to the applicant within the time of the documents examination according to u.c.p 500 Act 14, d. i. But if any the documents were delivered to applicant after time of the documents examination, the applicant had not such liabilities because eventhough after those time the applicant would have informed to the issuing bank the discrepancies of documents, the issuing bank couldn't receive repayment of its paid proceeds of document from the negotiating bank. In the result after time of issuing bank's examination of documents, it is considered that there's no actual benefit to ask the applicant practice it's liability. Therefore finally to say. I concluded that the Suprem Court's judgement was much more reasonable. In the following, the judgements of the supreme court would be analysed more concretely, the basic reasons of the results be explained and the way of protecting such L/C transaction would be presented.

• The Korean Journal of Air & Space Law and Policy
• /
• v.31 no.1
• /
• pp.145-167
• /
• 2016

UN Security Council is entitled to power for determining the existence of the threat to the peace. Specifying the provisions adopted in accordance with the chapter 7 of the UN Charter, its resolution is deemed as document confirming its decision about the threat to the peace. In general, resolutions adopted by the Security Council acting under Chapter VII of the Charter, are considered binding, in accordance with Article 25 of the Charter. Regarding to the terms of the Resolutions to be interpreted, the word "decide" is used as to the suspension of the ballistic missile program, the word "demand" is used as to the stopping of the the launch of ballistic missile, and the word "demand" is used as to return to the missile test moratorium. These provisions may be deemed to determining specific obligations to be imposed upon the States in accordance with the 1967 Outer Space Treaty. On the other hand, the Resolutions may be limited to the decision, not leading to a sort of international legislation, the main purpose of which is to provide a legal basis for international sanctions against Northe Korea. North Korea missile test case has reminded us of continuing discussion about whether the decision of the Security Council lacks the legislative authority due to its decision process. Furthermore, having regard to the outer space and space activities, the outer space law regime would be not compatible with the Security Council decision process in that the former presupposes the agreement among all States parties, while the latter based upon the agreement between Council member States. Therefore, it is premature to consider the Security Council decision as becoming the lex specialis of the space law regime.

• The Korean Journal of Nuclear Medicine Technology
• /
• v.18 no.1
• /
• pp.26-32
• /
• 2014

Purpose: As PET-MRI which has excellent soft tissue contrast is developed as integration system, many researches about clinical application are being conducted by comparing with existing display equipments. Because PET-MRI is actively used for head and neck cancer diagnosis in our hospital, lymph node metastasis before the patient's surgery was diagnosed and clinical usefulness of head and neck cancer PET-MRI scan was evaluated using pathological opinions and idiopathy surrounding tissue metastasis evaluation method. Materials and Methods: Targeting 100 head and neck cancer patients in SNUH from January to August in 2013. $^{18}F-FDG$ (5.18 MBq/kg) was intravenous injected and after 60 min of rest, torso (body TIM coil, Vibe-Dixon) and dedication (head-neck TIM coil, UTE, Dotarem injection) scans were conducted using $Bio-graph^{TM}$ mMR 3T (SIEMENS, Munich). Data were reorganized using iterative reconstruction and lymph node metastasis was read with Syngo.Via workstation. Subsequently, pathological observations and diagnosis before-and-after surgery were examined with integrated medical information system (EMR, best-care) in SNUH. Patient's diagnostic information was entered in each category of $2{\times}2$ decision matrix and was classified into true positive (TP), true negative (TN), false positive (FP) and false negative (FN). Based on these classified test results, sensitivity, specificity, accuracy, false negative and false positive rate were calculated. Results: In PET-MRI scan results of head and neck cancer patients, positive and negative cases of lymph node metastasis were 49 and 51 cases respectively and positive and negative lymph node metastasis through before-and-after surgery pathological results were 46 and 54 cases respectively. In both tests, TP which received positive lymph node metastasis were analyzed as 34 cases, FP which received positive lymph node metastasis in PET-MRI scan but received negative lymph node metastasis in pathological test were 4 cases, FN which received negative lymph node metastasis but received positive lymph node metastasis in pathological test was 1 case, and TN which received negative lymph node metastasis in both two tests were 50 cases. Based on these data, sensitivity in PET-MRI scan of head and neck cancer patient was identified to be 97.8%, specificity was 92.5%, accuracy was 95%, FN rate was 2.1% and FP rate was 7.00% respectively. Conclusion: PET-MRI which can apply the acquired functional information using high tissue contrast and various sequences was considered to be useful in determining the weapons before-and-after surgery in head and neck cancer diagnosis or in the evaluation of recurrence and remote detection of metastasis and uncertain idiopathy cervical lymph node metastasis. Additionally, clinical usefulness of PET-MRI through pathological test and integrated diagnosis and follow-up scan was considered to be sufficient as a standard diagnosis scan of head and neck cancer, and additional researches about the development of optimum MR sequence and clinical application are required.

• Journal of the Korean Institute of Traditional Landscape Architecture
• /
• v.38 no.1
• /
• pp.45-52
• /
• 2020

This study analyzed the components contained in the pine needles of first and second-year-olds to analyze the factors that the in vivo content of inorganic elements affects the sex determination of pine trees. In response, the plan for pine tree plant and maintenance was intended to be presented in consideration of the reproductive environment and physiological characteristics. The results are as follows. First, last year, when there were many encyclopedias, the analyzed N(%) content was found to be high. The nitrogen content of the previous year's soil was found to affect the production of the spheres the following year. This is believed to be possible to reduce the rate of Pine pollen produced in the new plant in the following year through a dispute over quality consumption in the spring of the previous year. Second, the weapons elements involved in the Pine cones and the generation of the Pine pollen in the new plant appeared to be P(%), K(%), Ca(%), and Fe(%). However, the nutrients from the previous year's leaves of Ca(%) and Fe(%) were found to have a low influence on the sex determination of first-year pine trees. Because Ca(%) and Fe(%) are not able to move nutrients accumulated in aging organs due to the nature of the components, feeding nutrients in the fall when the growth of the previous year's branches is reduced is expected to affect oral generation. Third, pine trees are extremely positive and Pine pollen is related to the time of the northeast wind. Therefore, it is believed that it would be good to be located in the northern direction, where the sunlight is good, in an outdoor space. In addition, it is important to use vaginal consumer products in spring and carry out a quarrel involving Mg and Fe during fall to reduce the effect of the Pine pollen, which is an outdoor plant. This is an important part of maintaining and managing pine trees in outdoor spaces as well as the sex determination of pine trees. This study suggested that plant planning, which derives the correlation between pine inorganic element content on sexual determination and takes into account the physiological characteristics of pine trees, is an important issue in the creation of outdoor space. Follow-up research on other factors affecting pine tree sex determination is expected.

• Strategy21
• /
• s.46
• /
• pp.89-122
• /
• 2020

The longing for submarine manufacture and the fear of her power had exited for a long time, but submarine that could submerge and attack was built from 20th century by science technology development. The question, 'Submarine can exercise her power in naval warfare?' had exited before World War I, but the effective value of submarine was shown in the procedure of a chain of naval warfare during World War I and World War II. Germany and the United States made the best use of submarines at that time. The submarines of these nations mounted fierce attack on the enemy's battleships and merchant ships and blocked the sea lanes for war material. These fierce attack on ships became impossible After World War II, and the major powers reduced and coordinated the defence budget, so they considered the role of submarine. However, submarine is still powerful weapon system because she can secretly navigate under the water, and one of the most important force in the navy. The aim of this thesis is analyzing submarine roles in each naval warfare and integrating maritime strategy and weapon system technology into her roles. First, the research about represent submarine roles like anti-surfaceship warfare, anti-submarine warfare, intelligence gathering, land attack, supporting special operation and mine landing warfare will be presented, then the major naval warfare where submarine participated(during ex-World War I, World War I, World War II, The Cold War Era and post Cold War) and the analyzing of submarine roles by time will be presented. Submarine was developed for anti-surfaceship warfare during ex-World War I but could not make remarkable military gain in naval warfare because her performance and weapon was inadequate. However, the effective value of submarine in the procedure of a chain of naval warfare was shown during World War I and World War II. The major powers put battleships into naval warfare undiscriminatingly to command the sea power and submarines did massive damage to enemy navy power, so put a restraint the maritime power of enemy, and blocked the sea lanes for war material. After World War II, the battlefield situation changed rapidly and the concept of preemption became difficult to apply in naval warfare. Therefore, the submarine was unable to concentrate on anti-surfaceship mission. Especially during the Cold War era, nuclear submarine came to appear and her weapon system developed rapidly. These development gave submarines special missions: anti-submarine warfare and intelligence gathering. At that time, United States and Soviet submarines tracked other nation's submarines loaded with nuclear weapons and departing from naval their base. The submarines also collected information on the volume of ships and a coastal missile launching site in company with this mission. After Cold War, the major powers despatched forces to major troubled regions to maintain world peace, their submarines approached the shores of these regions and attacked key enemy installations with cruise missiles. At that time, the United States eased the concept of preemption and made the concept of Bush doctrine because of possible 911 terrorism. The missiles fired from submarines and surface battleships accurately attacked key enemy installations. Many nations be strategically successful depending on what kind of mission a submarine is assigned. The patterns of future naval warfare that my country will provide against will be military power projection and coalition/joint operations. These suggest much more about what future missions we should assign to submarines.

• Korean Security Journal
• /
• no.15
• /
• pp.29-50
• /
• 2008

Many countries throughout the world have enacted laws on terrorism in the light of the changes that time has brought to them, geographical features, cultural values, and environmental elements. Especially some advanced European nations prescribe the definition of terrorism, the purpose of terrorism, the behavior of terrorism, and the types of crimes related to terrorism and so on for the following reason that it is more vital for the authorities concerned to investigate and punish terrorists after the rise of terrorism. In this regard, this paper analyzes legislative countermoves against terrorists of advanced countries such as France, Germany, and England and through this sheds light on the need of future anti-terrorism bills. The legislative basic guidelines directly to manipulate future terrors based on theories derived from this study could be summarized as follows. In the first place, providing laws on direct investigative power and harsher punishment to those involved in terrorism is a prerequisite for social security and thus the presidential directive of the state anti-terrorism action guidelines just deals with administrative measures without any effective response to terrorism. Hence it is urgent to make anti-terrorism bill concerning investigation and punishment of terrorists. In the second place, it is associated with the objectives of terror. The expression "all sorts of" stated in Korean law is so quite unclear that it can not fulfill the required conditions for naming it "crime". Comprehending provisoes of the crime that meets the purpose of the terrorists is necessary in order to investigate and inflict punishment on them. Therefore, it is advisable to establish specific and precise principles such as political, social, ideological, and religious purpose of terrorists in the bill. In the third place, to meet the flow of times of technicalization, informatization, such provisoes as destruction of electronic data system, crimes related to nuclear materials, purchases of weapons by terrorists, tax administration for prohibition of sale, and arson should be considered in terror bill. In the fourth place, nonselective attack toward unspecified individuals has become a serious issue in our society. Terrorists leave poisonous foods or beverages to crowded place or dump toxic chemicals into river intentionally. Therefore more strict regulations must be included in terror bill to prevent possible terrorist attacks.

• Journal of Radiation Protection and Research
• /
• v.40 no.4
• /
• pp.223-230
• /
• 2015

The objective of this study is to identify the radionuclide distribution in public water by carrying out the analysis of artificial radionuclides($^{134}Cs$, $^{137}Cs$, $^{239+240}Pu$), natural radionuclide($^{210}Pb$) and TOC in the lake Euiam sediment in Chuncheon, South Korea. The $^{134}Cs$ concentration in all lake sediments showed below MDA values, and the $^{137}Cs$ concentration in lake sediment were ranged from MDA to $8.79Bq{\cdot}kg^{-1}-dry$. The $^{137}Cs$ concentrations in surface sediment were reported to be 2.4 to $4.2Bq{\cdot}kg^{-1}-dry$. The lowest concentration of $^{137}Cs$ was reported at St. 4 and the highest concentration was reported at St. 3, respectively. The $^{239+240}Pu$ concentration in lake sediment were ranged from 0.049 to $0.47Bq{\cdot}kg^{-1}-dry$. The lowest concentration was reported at St. 2 and the highest concentration was reported at St. 3. The correlation(r) between the $^{239+240}Pu$ concentration and $^{137}Cs$ concentration in lake sediment presented higher values (0.54 to 0.97) and this suggests the behavior and origin of $^{137}Cs$ is identical to the $^{239+240}Pu$ in the sediment. The $^{134}Cs$ concentration below MDA value and the $^{239+240}Pu/^{137}Cs$ ratio(mean value of 0.041) indicated that the artificial radionuclides in the sediment were originated from global fallout by the atmospheric testing of nuclear weapons conducted by former USSR and U.S.A, but not from the Fukushima Daiichi NPP accident. The sedimentation rate derived from $^{210}Pb$ age-dating method at St. 2 is calculated to be $0.31{\pm}0.06cm{\cdot}y^{-1}$. This value is similar to the value ($0.41{\pm}0.05cm{\cdot}y^{-1}$) estimated from the $^{137}Cs$ maximum peak produced from early 1960's. The content of TOC in lake Euiam sediments varied from 0.20 to 13.01%. While the highest correlation between TOC and $^{137}Cs$ concentration in the sediment were found at St. 1, the others presented the low correlation.

• The Korean Journal of Air & Space Law and Policy
• /
• v.1
• /
• pp.47-85
• /
• 1989

The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

• Korea and Global Affairs
• /
• v.2 no.1
• /
• pp.69-92
• /
• 2018

North Korea conducted a total of six nuclear tests from the 1st test of 2006 to September, 2017. North Korea developed an armed forces security strategy at the level of regime protection and defense to respond to U.S. hostile policy. However, it is certain that strategic goals of North Korea's nuclear test were to overcome a crisis in North Korea's regime through US-North Korea negotiation and complete nuclear armed forces for socialist unification on the Korean Peninsula. North Korea's continuous nuclear test is a direct factor in threatening peace on the Korean Peninsula and an indirect factor in security dynamics of Northeast Asia. The U.N. Security Council has enforced sanctions against North Korea through six resolutions against North Korea's reckless nuclear test for the past 10 years. However, Kim Jong-Un's regime is in a position to stick to simultaneous pursuit of nuclear and economic development in spite of anti-North sanction of international society including U.N. and U.S.A. It is understood that North Korea was stimulated to conduct intense nuclear test as U.N. and U.S.A's anti-North sanction was not effective on North Korea. Full-scale and local wars are expected as military options, one of anti-North sanctions of the Trump administration. The Trump administration has attempted diplomatic pressure strategy as a secondary boycott unlike previous administrations. Nevertheless, North Korea has stood against U.N. and U.S.A's anti-North sanction with brinkmanship tactics, announcing full-scale military confrontation against U.S. It is judged that North Korea will pursue simultaneous nuclear weapons and economic development in terms of regime survival. North Korea will have less strategic choices in that its regime may collapse because of realistic national strategy between U.S.A. and China.

• The Korean Journal of Air & Space Law and Policy
• /
• v.21 no.2
• /
• pp.157-179
• /
• 2006

According to the Annex 17 to the Convention on International Civil Aviation, an appropriate authority of each contracting state has to define and allocate tasks and coordinate activities between the departments, agencies and other organizations of the State, airport and aircraft operators and other entities concerned with or responsible for the implementation of various aspects of the national civil aviation security programme. The airport has to take leading role in implementing security tasks at airport area because the airport operator is the provider of airport facilities and services to its customer and the security activities belong to its services. So Republic of Korea Government enact the Law, Aviation Safety and Security. The Purpose of this Act is to prevent any unlawful act in airport facilities with international conventions, including the ICAO to provide for standards, procedures and mandatory matters needed to ensure the safety and security of civil aviation. But the Act has some error. So is this paper to review the revision of aviation security regulation and the changes of aviation security responsibilities and task assignment. There is the term "aviation security personnel", who are charged with the task of preventing any act of disrupting the order and safety in airport. But there is no term "security screening personnel" who performs to detect or search for dangerous object, such as weapons or explosives, which may be used for the unlawful obstruction.