• Title/Summary/Keyword: applicable laws

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A study on the Scope of UCITA (미국(美國) 통일(統一)컴퓨터정보거래법(情報去來法)(UCITA)의 적용범위(適用範圍)에 관한 소고(小考))

  • Han, Byoung-Wan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.19
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    • pp.169-190
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    • 2003
  • Uniform Computer Information Transactions Act (UCITA) for e-commerce in non-UCC and non-UETA transactions, promulgated in 1999. The Act Drafted by the National Conference of Commissioners on Uniform State Laws. UCITA applies to contracts to license or buy software, contracts to create computer programs, contracts for on-line access to databases and contracts to distribute information over the Internet. UCITA does not apply to goods such as television sets, stereo equipment, airplanes or traditional books and publications. Goods generally remain subject to UCC Article 2 or Article 2A. Many transactions may include more than computer information. If that transaction covers non-goods subject matter, UCITA applies only to the part of the transaction which is computer information and other law applies to the other subject matter. In the event the other subject matter is goods, UCC Article 2 or 2A applies to the goods subject matter and UCITA applies to the computer information part. UCITA is coordinated with existing Articles 2 and 2A, so coverage of each to part of the transaction will be facilitated. With respect to other subject matter (primarily services) UCC Articles 2 and 2A have worked in mixed transactions with the common law applicable to the services.

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A Study on the Substantive Law under the International Commercial Arbitration (중재에 있어서 실체적 준거법에 관한 연구)

  • Park, Eun Ok;Choi, Young Joo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.58
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    • pp.99-124
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    • 2013
  • International commercial arbitration is a specially formed mechanism for the final and binding settlement of disputes arisen between contracting parties regarding procedures, structures or other contractual relationship agreed by them. It is a resolution system which is processed autonomously by arbitrators who are appointed by contracting parties without involving the national court. If the contracting parties want to settle their disputes by arbitration, there must be a valid agreement. With a valid agreement, the most important concern is which law(called as the substantive law) should be applied in order to determine the rights and obligations of both contracting parties in relation to the dispute. At this point, the substantive law is really important because it is applied to the dispute itself directly during proceedings as well as it plays an crucial role in scrutiny and enforcement of arbitral awards. This article discusses about the substantive law under international commercial arbitration, specially focusing on the regulations of the ICC rules of arbitration, which is the most widely used all over the world and UNCITRAL Model law, which most countries' rule and laws are based on. By discussing how these rules and regulations should be interpreted and applied, it is expected to provide practical help to practitioners when they agree on an arbitration agreement.

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Three-dimensional Guidance Law for Formation Flight of UAV

  • Min, Byoung-Mun;Tahk, Min-Jea
    • 제어로봇시스템학회:학술대회논문집
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    • 2005.06a
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    • pp.463-467
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    • 2005
  • In this paper, the guidance law applicable to formation flight of UAV in three-dimensional space is proposed. The concept of miss distance, which is commonly used in the missile guidance laws, and Lyapunov stability theorem are effectively combined to obtain the guidance commands of the wingmen. The propose guidance law is easily integrated into the existing flight control system because the guidance commands are given in terms of velocity, flight path angle and heading angle to form the prescribed formation. In this guidance law, communication is required between the leader and the wingmen to achieve autonomous formation. The wingmen are only required the current position and velocity information of the leader vehicle. The performance of the proposed guidance law is evaluated using the complete nonlinear 6-DOF aircraft system. This system is integrated with nonlinear aerodynamic and engine characteristics, actuator servo limitations for control surfaces, various stability and control augmentation system, and autopilots. From the nonlinear simulation results, the new guidance law for formation flight shows that the vehicles involved in formation flight are perfectly formed the prescribed formation satisfying the several constraints such as final velocity, flight path angle, and heading angle.

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A Study on the Remedies in Digital Information Transaction - Focusing on the urn A Part 8 - (디지털정보거래에 있어 계약위반에 대한 구제에 관한 연구 - UCITA 제8장을 중심으로 -)

  • Han, Byoung-Wan;Seo, Min-Kyo
    • International Commerce and Information Review
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    • v.12 no.3
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    • pp.79-98
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    • 2010
  • The National Conference of Commissioners on Uniform State Laws promulgated the Uniform Computer Information Transactions Act (UCITA) in 1999. In 2000 and 2002, this Act was also Amended. UCITA provides a comprehensive set of rules for licensing computer information, whether computer software or other clearly identified forms of computer information. Computerized databases and computerized music are other examples of computer information that would be subject to UCITA. It would also govern access contracts to sites containing computer information, whether on or off the Internet. UCITA would not govern contracts, even though they may be licensing contracts, for the traditional distribution of movies, books, periodicals, newspapers, or the like. Part 8 of UCITA provides a remedy structure somewhat modeled on that of Article 2 but adapted in significant respects to the different context of a computer information transaction. For example, 808 of UCITA recognizes the focus in a license context for a licensor's remedy should properly be on recovery for benefit conferred or for lost profit, rather than on damage measurement by a substitute transaction, where the license is non-exclusive so additional transactions are permitted and there is very little cost in reproduction of the information and its redistribution. Section 816 of UCITA also contains very important limitations on the generally recognized common law right of self-help as applicable in the electronic context.

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A Study on the Development of Information System for the Ship Survey to Support Port State Control (항만국 통제 지원 선박검사 정보시스템 개발에 관한 연구)

  • 박주용;강병윤;이경철
    • Journal of Ocean Engineering and Technology
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    • v.14 no.3
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    • pp.100-105
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    • 2000
  • Port State Control (PSC) is the inspection of foreign ships in national ports for the purpose of verifying that the condition of the ships and its equipments comply with the requirement of international conventions and the ship is manned and operated in compliance with applicable international laws. On the other hand, check items in PSC are nearly similar to periodical survey of Classification Societies, because they have the same background regarding safety and maritime pollution prevention. The purpose of this study is to develope computer-aided information system for ship inspection item which is useful for effective implementation of Port State Control. For this work, the status of PSC is reviewed, and the related scheme of ship survey system in Classification Societies is investigated. On these bases, a computer software integrated database system and object-oriented technique is developed. The developed system is expected helpful to establish and maintain an effective system of Port State Control.

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A Comparative Analysis on Copyright Limitations for Libraries in Major Countries (주요 국가의 저작권법상 도서관관련 권리제한 비교분석)

  • Yoon, Hee-Yoon
    • Journal of the Korean Society for Library and Information Science
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    • v.44 no.4
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    • pp.277-301
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    • 2010
  • Since the England's Parliament revised the British copyright law and enacted the first copyright exception specifically for libraries (user or service) in 1956, copyright exceptions applicable to libraries have been an important part of world copyright laws through the last few decades. Copyright exceptions for libraries are a critical legal tool to preserve intellectual and cultural heritage, promote equitable access to knowledge and information to the public, and to support learning and research. Based on these reasons, this study analyzed and compared the current state of copyright structure and limitations or exceptions for library in six major countries(United States, United Kingdom, Germany, France, Japan, and Republic of Korea).

Development of an Hazard Analysis Critical Control Point (HACCP) Application Model for Dried Anchovy Workplace (마른멸치 작업장의 식품안전관리인증기준(HACCP)모델 개발)

  • YOON, Hyun-Jin;HAM, In-Tae;Kim, Sang-Hyeon;CHOI, Jong-Duck
    • Journal of Fisheries and Marine Sciences Education
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    • v.28 no.3
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    • pp.713-726
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    • 2016
  • This study were attempted to apply the HACCP system adopted in the dried anchovy workplace to ensure the hygiene safety of dried anchovy workplace. In this study, HACCP system procedures, including HACCP team organization, determination of critical control point(CCP), establishment of critical limits, mornitering and verification etc., were established using KFDA 12 procedures. To determine whether hazards were critical elements, we evaluated the likelihood and seriousness of each hazard element. The likelihood of residual microorganism and metal piece exceeding the acceptable limit in dried anchovy products were demonstrated to be a critical hazard element. Management of the boiling(CCP-1B) and metal detection(CCP-2P) were determined to be a critical control point. The standards for acceptable residual microorganism and metal piece were set based on relevant laws and regulations, and then the limits were adapted and established for the CCP. An HACCP plan applicable to dried anchovy workplace was established.

필리핀의 중재제도 고찰 (OVERVIEW OF ARBITRATION IN THE PHILIPPINES)

  • Panga Jr., Salvador S.
    • Journal of Arbitration Studies
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    • v.19 no.2
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    • pp.179-195
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    • 2009
  • 필리핀의 중재제도를 규정하고 있는 법령은 다음과 같다. 즉 필리핀 민법(법률 제386호), 중재법(법률 제876호), 대체분쟁해결법(법률 제9285호), 국제상거래중재에 관한 국제 연합 국제상거래법위원회(UNCITRAL) 표준법 및 건설산업중재에 관한 대통령령(제1008호)이다. 2004년의 대체적 분쟁해결 제도(ADR) 에 관련된 필리핀 의회의 입법은 필리핀의 중재 실무와 절차에 광범위한 변화를 가져 왔다. 또한 국제중재실무에서 필리핀에 많은 도움을 주었다. 다른 한편으로는 상당한 변화를 가진 UNCITRAL 표준법의 채택과 국내 중재를 관장하는 법률속에 표준법 조항을 편입함으로써 필리핀은 분쟁해결의 대체안으로써 정책 결정의 실행에 대한 중재법의 인식과 ADR법에 있어서의 정책조문의 검토로 보다 실질적인 중재제도가 정착되는 기반을 조성하게 되었다. 국내에서 수행하고 있는 국제적인 중재는 아직까지는 비교적 적다고 생각된다. 그러나 ADR법 내에 규정된 강력한 ADR찬성정책과 ADR에 관대하고 특히 중재에 호의적인 대법원의 친중재적 판결로 인해 향후 수년내에 필리핀과 주변국과의 무역이 크게 증대될 것으로 전망된다.

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A Study on the Development of Information System for the Ship Survey to Support Port State Control (항만국 통제 지원 선박검사 정보시스템 개발에 관한 연구)

  • 박주용;강병윤;이경철;정진욱
    • Proceedings of the Korea Committee for Ocean Resources and Engineering Conference
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    • 2000.10a
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    • pp.165-170
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    • 2000
  • Port State Control (PSC) is the inspection of foreign ships in national ports for the purpose of verifying th\ulcorner the condition of the ships and its equipments comply with the requirement of international conventions and the ship is manned and operated in compliance with applicable international laws. On the other hand, check items in PSC are nearly similar to periodical survey of Classification Societies, because they have the same background regarding safety and maritime pollution prevention. The purpose of this study is to develope computer-aided information systems for ship inspection item which is useful for effective implementation of Port State Control. For this work, the status of PSC is reviewed, and the related scheme of ship survey system in Classification Societies is investigated. On these bases, a computer software integrated database system and object-oriented technique is developed. The developed system is expected helpful to establish and maintain an effective system of Port State Control.

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Future of Korean Oriental Medicine(Bang-Jae) ; A personal perspective (미래의 한의학과 방제학, 어떻게 할 것인가)

  • Kang, Soon-Su
    • Herbal Formula Science
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    • v.14 no.1
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    • pp.201-203
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    • 2006
  • There are people. however, who do not understand what science means, especially among those practicing Oriental Medicine. They associate science with machines and consider that science is something not applicable to Oriental Medicine because Medicine is for humans not for machines. Science is a system of knowledge of universal facts and laws obtained based on objectivity, which under the same conditions gives the same results no matter when, where and how it is done and no matter who does it. To achieve development of that level, knowledge and technology from all areas should be considered and, if found useful, should be accepted. The immediate hurdle is to make Bang-Jae Science understood. So far Bang-Jae Discipline as understood by the practitioners of Oriental Medicine is nothing more than selecting prescriptions inherited from the predecessors that match given symptoms. To make Bang-Jae Discipline a science. i.e. Bang-Jae Science, we should not only study the traditional literature to gather data, experiment and verify with them one after another. make them objective and carry our scientific systemization. It takes fresh and creative trials but it will surely contribute to the future medical science.

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