• Journal of Arbitration Studies
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• v.22 no.1
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• pp.65-88
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• 2012

Even though there are some discrepancies in detail with the legal characteristic of the issuing bank's notice to the beneficiary of opening of the letter of credit, article 25 of "the Korean Private International Act(hereunder, 'KPIA')" can be applied to the legal relation between the issuing bank and the beneficiary or the negotiating bank. According to article 26 of the KPIA, if there is no agreement between the issuing bank and its opponent party as to the governing law issues, a state's law which has the closest relationship with the subject case may be applied. In the latter case, given the facts that the issuing bank plays important roles in every phasis of the sale of goods by the letter of credit, a law of place where the issuing bank's business premises is situated(the $lex$ $situs$) can be the applicable law. Meanwhile, "the Korean Supreme Court(hereunder 'KSC')" held that the beneficiary or the negotiating bank can claim any damages arising due to the refusal or deferred payment of the issuing bank, and the law which governs the above mentioned situation is the same law that is applicable to the legal relation between the issuing bank and the beneficiary or the negotiating bank. The main reason of the KSC's ruling is that the nature of the legitimate interest rate which is stated in article 3 of "the Act on Special Cases concerning Expedition etc. of Legal Proceeding(hereunder 'ASCELP')" is substantial matters, not procedural. Taking into account, however, that the main object of ASCELP lies in expedition of legal proceeding, prompt realization of people's rights and duties, and prevention of delayed legal proceeding, it is recommendable that ASCELP, instead of the law applicable to the legal relation between the issuing bank and the beneficiary or the negotiating bank, should be applied to the cases in which the malicious debtor's only and main purpose is delaying the legal proceedings. On the other hand, even if the issuing bank's duty of examination of the documents which were tendered by the beneficiary or the negotiating bank is restricted to the formality and strict conformity of the documents and not the substantiality of the documents, the issuing bank still has to examine the documents with due diligence that is required to the banks whose main business is sales of documents, not the real goods. In this regard, under the circumstances where the document lacked the regularity and/or the formality on its face because of the forgery of the document and where it was expected that an ordinary banker might have easily found any faults with the document, the issuing bank must compensate any parties for damages when it pays money without due diligence as a banker who engaged in the sales of documents.

• Cartoon and Animation Studies
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• s.25
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• pp.155-175
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• 2011

The cultural cluster in Chuncheon was initiated in the late 1990s with the combination of diverse components, which were companies, a local government entity, educational institutions, and human resources. In order to hold ability of standing on its own way in a hard time when the local cultural industries could not had developed by themselves, it urgently required the encouragement policy in the name of industry development. GIMC (Gangwon Information & Multimedia Corporation) was established in this situation, and policy strategies for promoting the cultural cluster was decided on the basis of GIMC's strategies. This article analyzes the evolution process of the local cluster and suggests characteristics of its every stage--initiation, development, and decline--on the basis of cluster competition concept because of the problem to deal with the evolution process of cluster from the existing viewpoint. This article finds out that Chuncheon cluster embarked on cultural cluster strategies without concerning basic elements which had to be prepared from the initial stage. This problem worked as the serious obstacle hampering development of Chunchen cluster. This problem was the matter of policies in providing a direction of industry development as well as leading a local cultural cluster and led to a result of weakening the connection among cluster components. As a result, this article shows that the current status of Chuncheon cultural cluster is being entered the decline stage, and, therefore, suggests that the advanced policy to promote cluster for a next round is urgently needed. Stable closing the first round of cultural cluster policies and thorough preparation for the second round is the only practical solution to minimize side effects of cluster decline. It is the prerequisite to restore trust and, at the same time, reinforce relationship between members who consist of Chuncheon cultural cluster.

• 한국사회정책
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• v.25 no.2
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• pp.165-189
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• 2018

Under the principle of subsidiarity, the German family policy formed in the 1950s and 1960s minimized the role of the state while maximizing the role of the parents. The German Constitutional Court, however, ruled that the level of compensation for the financial burden of child support costs must follow the basic rights, not the principle of subsidiarity. The Federal Constitutional Court has taken the duty of protecting the human dignity of the state under Article 1 of the Constitution as the starting point of the judgment. The Federal Constitutional Court held that the dignity of a child is guaranteed only if the level of the child's allowance or deduction is equal to or higher than the level of the child standard benefit under the Social Assistance Act established by Congress. The Federal Constitutional Court also regarded the state to compensate parents for child support costs as much as the level of child standard benefit under the Social Assistance Act as a family protection obligation of the state under Article 6, Section 1 of the Constitution. In addition, the Federal Constitutional Court ruled that the right to equality declared by Article 3 of the Constitution can be realized by compensating all parents for child support costs at the level of child standard benefit under the Social Assistance Act.

• Journal of the Korea Society of Computer and Information
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• v.25 no.10
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• pp.185-191
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• 2020

This article proposes the unified an arm's length price of transfer pricing for thin capitalization since the scope of permanent establishment has been enlarged under Digital Economy and the implementation of Blackchain system to resolve the drawback of finding an arm's length price. The rule of current thin capitalization runs against the non-discrimination of taxation of the tax treaties and the national treatment which deals fairly with goods, sercice and capital money within the country under the treaty of commerce and navigator. In addition, the information of comparable uncontrolled debt are not available of current system to prove the debt which is not subject to the rule of thin capitalization. The united an arm's length price of transfer pricing for thin capitalization can apply to foreign investment as well as domestic corporations, thereby resolving the problem of the non-discrimination of taxation of the tax treaties and the treaty of commerce and navigation. The availability of transaction level data through Blockchain platform to decide whether the debt can be subject to thin capitalization can resolve the issue of comparable uncontrolled debt transaction which can't be found in current business transactions. This article should shed light on the proposing of the unified an arm's length price of transfer pricing for thin capitalization and Blockchain system to prevent the income shifting. This propose provide implication for policymakers on current system of thin capitalization and arm's length principles.

• The Korea Journal of Herbology
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• v.27 no.2
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• pp.25-29
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• 2012

Objectives : This article reviews a solution preventing the illegal distribution of herbal medicine in common use for food and medicine and risks on public health by conducting safety management of food and medicine. Also, this article would like to contribute to improvement of public health treating diseases in compliance with accurate diagnosis and prescription of Oriental Medicine Doctor("OMD")'s. Methods : An approach in this research can be categorized into two : first, to examine the current administrative situation and problems of herbal medicine in common use for food and medicine based on policy documents of Ministry of Health and Welfare and Korea Food and Drug Adminstration("KFDA") and academic articles of the herbal medicine;second, to find reasonable administrative solutions to solve the problems. Solutions : A solution is to strengthen the management level of herbal medicine in common use for food and medicine by selecting 117 items as target items requiring concentrated management. In case herbal medicine is imported for food, KFDA strengthens the quality management level of herbal medicine by making use of inspection frequency at random, collecting and verifying herbal medicine on the market. However, KFDA decides to maintain current different quality specification system of food and medicine reflecting a civil complaint that quality specification of food and medicine should separately managed according to the purpose of use. Herbal medicine as medicine that is functioned as treating diseases and alleviating symptoms, unlike herbal medicine for food, can cure all kinds of diseases by recovering inner balance of human body, making use of other properties of herbal medicine. Medicine has its own properties. If a doctor uses properties of medicine appropriately, he cures diseases. If a doctor uses herbal medicine inappropriately. he may damage human body. Thus, whether side effects of medicine depend on a doctor who uses herbal medicine. Conclusions : All herbal medicine will be supplied into the market after strict safety control of manufacturers of herbal medicine according to the revised Pharmaceutical Affairs Act, beginning in April, 2012. Thus, people can take safer and more reliable herbal medicine through strengthening safety management of herbal medicine and improving quality and transparency in the distribution system. Herbal medicine should appropriately be prescribed by licensed OMD because herbal medicine is used to treat diseases and alleviate symptoms, unlike herbal medicine for food.

• The Journal of the Korean dental association
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• v.49 no.11
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• pp.688-703
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• 2011

Park Myoung Jin (1903-1957) was a respectable leader who disseminated dental medical education to make our path as the leading dental medical education developing a new global history of dental medicine. Dr. Park was born in Seoul on 3 July 1903. He graduated Kyongseong dental medical school and studied at the pharmacology department achieving his M.D. In 1938, as the president representing the Hanseong dentists association equivalent to the Japanese dentists association, Dr. Park participated in various events. After liberation, Dr. Park tried his best to achieve Korean dental medical education as the pursuit of ideal ego with self-centered ego. He reorganized the Kyongseong dental medical school and incorporated it to the Seoul National University dental college. Even during the Korea war, Dr. Park still sincerely carried out his duties as the director of the Seoul National University dental medical college by recruiting university entrants and turned out graduates. In 1954, Dr. Park as the director of the Seoul National University dental medical college, he frontiered an opportunity to adapt the American dental medicine by sending school staffs to study overseas. On 25 June 1954, Dr. Park received 25 years of meritorius service award presented by Seoul National University Dental Medical College. Further, on 6 Aril 1954, Dr. Park became a member of an academic research committee. In April 1946, Dr. Park was elected as the president of the Chosun Dentists Association(Korean Dental Association). On 19 May 1947, Dr. Park was also appointed as the director of the Korea dental medicine association leading the general meetings and academic conferences from 2nd through the 8th sessions. On 30 November 1954, as the president of the Korea dental medicine association, Dr. Park also published the Korea dental association publications. In 1957, Dr. Park donated the school housing for the principle of the Kyongseong dental medical school establishing the basis for the Korea dentists association center. Dr. Park also participated in establishment of the oral hygiene campaigne, dental administration policy, organization of the specialized subject delegation board members and the dental materials association. On 10 December 1955, we can recognize Dr. Park's respective historical consciousness through his declaration 'history is a true record of historical traces of a national'. Dr. Park was a living witness of the Korean dental industry. Especially, he stated that the origin of the Korean dentists association was in the Hanseong dentists association. Dr. Park overcame the pressure and indignity during the Japanese colonization. The joy of liberation did not last long since he also had to experience the fraticidal tragedy of the Korea war. Dr. Park was a professional dental specialist and a leader researching dental medicine. He was a great leader who understood the dental medicine and dedicated for the dentist association and dental medicine association with compassion for the nation and national as a Korean.

• Journal of Arbitration Studies
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• v.25 no.4
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• pp.3-23
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• 2015

The Chevron saga including Chevron/TexPet v. Ecuador, PCA Case No. 34877(hereinafter referred to as "Chevron I") and Chevron/TexPet v. Ecuador, PCA Case No. 2009-23(hereinafter referred to as "Chevron II") started out of domestic litigations between TexPet and Ecuador in the early 1990s. In Chevron I, the Tribunal decided that Article 2(7) of the U.S.-Ecuador BIT on effective means of provision was breached because of undue delays in the seven legal proceedings TexPet had brought against Ecuador in respect to contractual obligations. In Chevron II, it was contended that through the actions and inactions of the judiciary and the executive, Ecuador breached her several obligations under the BIT. Ecuador objected to the jurisdiction of the Tribunal because TexPet's investment was terminated in 1992, and because Chevron is not a party to the 1995 Settlement Agreement and 1998 Final Release. In its Interim Award on Jurisdiction and Admissibility, the Tribunal applied a prima facie standard to the facts alleged by the Claimants but denied by the Respondent, and decided that questions in respect of the Respondent's jurisdictional objections should be joined to the merits under Article 21(4) of the UNCITRAL Arbitration Rules. In the merits phase of Chevron II, the Tribunal divided the merits of the Parties' dispute into two parts, entitled "Track 1" and "Track 2". In its Partial Award on Track 1, the Tribunal decided that Chevron is a "Releasee" under the 1995 Settlement Agreement. In a decision on "Track 1B", the Tribunal decided that the Lago Agrio complaint cannot be read as pleading "exclusively" or "only" diffuse claims, and that, to this extent, the Claimants' reliance on the 1995 Settlement Agreement as a complete bar to the Lago Agrio complaint must fail, as a matter of Ecuadorian law. The Tribunal maintained the position that the Parties' disputes on both merit and jurisdiction should be reserved for Track 2. It remains to be seen how the Tribunal addresses the Claimants' allegations of multiple denials of justice under international law against the judgments of the Respondent's Courts, together with the Respondent's jurisdictional objections in Track 2 of the arbitration.

• Journal of the Korean Academy of Esthetic Dentistry
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• v.25 no.1
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• pp.15-24
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• 2016

It is considered an implant failure when there is esthetic problems in the anterior area although the prosthesis function normally. In 2003, Dr. Kan et al stated that implant bone level is determined by the adjacent teeth. After that many scholars have studied how can achieve the esthetics result on adjacent teeth bone loss cases. In 2012, Dr. Takino published an article in Quintessence. He summarized previous articles and reclassified the defects from class 1 through 4. Class 1 and 2 depicts a situation where there is no bone loss on adjacent teeth. In Class 3 and 4, interproximal bone loss extends to the adjacent tooth. If one side is involved, it is Class 3. If both sides are involved, it is Class 4. The clue for esthetic implant restoration is whether bone loss extends to adjacent tooth or not. If the bone level of adjacent tooth is sound, we can easily achieve the esthetic but the bone level is not sound, the surgery will be complicated and the esthetic result will be unpredictable. So regenerative surgery for adjacent tooth is necessary for long-term maintenance. But the options and process were so complicated, the purpose of this article is to report the method simplify the surgery and gain a similar outcome.

• Journal of the Korean Society of Safety
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• v.22 no.6
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• pp.91-97
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• 2007

A survey of risk perception in Korea was conducted in 2001 with a special emphasis on industrial and technological risks. This article summarizes the characteristics of risk perception in consideration of socio-demographic background of respondents. The survey with sample size of 1,870 evaluates the perceived level of 25 risk items in the areas of transportation, chemicals, environment, industry, and nuclear power generation. Risks are categorized by using factor analysis to clarify attitudinal or behavioral properties of risk perception. Research findings show that the level of perceived risk does not correspond to the statistical level. Socio-demographic variables are significant predictors in explaining risk perception, or the discrepancies between "subjective" and "objective" risks. Effective risk communication can reduce the perceptional discrepancies, improve the awareness of technological risks, and ultimately facilitate the process of making and implementing policies for risk management and safety regulation. This article tries to provides policy guidelines for "Who is the target for risk communication" and "Which risk has the policy priority for safety improvement." Married females at the age of 30s and 40s with lower education and lower income in small cities are more vulnerable to risk misperception than other groups. More information and knowledge regarding unfamiliar, intangible, new technological risks should be delivered to the vulnerable groups for reducing perceptional bias. Society-wide safety can be improved by integrating policy, human, and social factors as well as techno-engineering advances.

• The Korean Journal of Archival Studies
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• no.25
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• pp.233-278
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• 2010

An interest in various description of history was increased, resolutely breaking away from the existing frame also in a historical science world, under the influence of post-modernism arisen from the mid 20th century, and for this, oral history archives and oral history methodology began to attract the attention in various academia including archival science as a method for a new writing of history. Also, under the circumstance of korea having a difficulty in performing a whole reconstruction of modern age history and a liquidation of past affairs due to an absolute lack of archives, the tendency is toward more active management of oral history archives and establishing oral history archives in the context of an excavation of new archives and a reinterpretation of history, owing to the necessity in a particular situation. This article started with a critical mind regarding an absence of a collecting policy which can help an effective development of collection from a point of view of archival science, with regard to oral history archives that recently shows a rapid increase of an interest. For this, this article intended to present an new element of a collecting policy besides the study on a collecting policy performed meanwhile by an archival science world by noticing a characteristic and a collecting method of oral history archives, this can be examined largely through 'a statement of mission and collection purpose', 'a policy of collection at large', 'a definition of maintenance and use of the holdings', and 'a guide for a development of collection', and add a proposal regarding a plan to embody the parr which should be actually applied to collection of oral history archives among the existing constituents.