• Korea Trade Review
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• v.41 no.3
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• pp.1-25
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• 2016

This study reviews international discussions about the trade-labor linkage and examines the labor chapters of FTAs enforced by the US and the EU from a comparative perspective. Since early 1990s, starting from the NAFTA, the US has included forceable labor provisions in its FTAs and this trend continues to the TPP which was concluded in October 2015. On the other hand, the EU's labor provisions in its FTAs have been composed of promotional elements on labor rights based on cooperations and dialogues. These different features of labor provisions in the US and European FTAs are mainly due to the motives of the FTAs of the US and the EU respectively as well as their domestic situations with regards to domestic law and institutional set-ups. The coordination of labor provisions involves a long-term institutional as well as regulatory convergence which triggers not only economic but also social changes, compared to a relatively short-term effect of tariff elimination. For Korea which has been a FTA partner country both with the US and the EU, it is significant to keep the different characteristics in the labor provisions in mind, particularly in the process of its implementation. Concerning the implementation of Korea-US FTA, it might be problematic if Korean law and its regulatory practice on labor-management relations do not comply with that of the US. The Korea-EU FTA case can also have an indirect impact on Korea's labor laws since it stipulates in its provisions that both parties should have discussions not only within each government but also with the civil communities including NGOs. Thus, Korea should pay more attention to the true meaning in labor provisions of both FTAs in order to promote its firms to be equipped with the right labor-management system in their operations abroad.

• Journal of Korea Trade
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• v.24 no.8
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• pp.101-120
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• 2020

Purpose - The buyer's right to withhold performance is a useful and important self-help remedy to protect himself from the seller's breach of contract, and it is also the coercive means to induce the seller to perform his part of contract. However, the buyer's exercise of such a right often exposes himself to the risk of breaching the contract. This is generally due to his ignorance when he is entitled to the right and also uncertainties inherent in the law. Therefore, the purpose of this paper is to examine what the requirements should be fulfilled before the buyer exercises the right for the seller's actual breach of contract. Design/methodology - In order to achieve the purposes of the study, it executes a comparative study of the rules as to the requirements for the buyer's right to withhold performance for the seller's actual non-performance under the CISG and the CESL. It mainly focuses on performance due, the seller's non-performance, the buyer's readiness to perform and the requirement of notice. Findings - The main findings of this comparative study can be summarized as follows: Although the CISG has no expressive provision for the buyer's general right to withhold performance for the seller's actual non-performance, it may be inferred from the general principles the CISG underlies, synallagmatic nature of the contract. In addition, it can be drawn by analogy from relevant provisions of the CISG. On the other hand, the CESL expressively provides that the buyer has a general right to withhold performance where the seller fails to tender performance or perform the contract. Therefore, it seems that the position of CESL is rather easier and more apparent to allow the buyer to withhold performance for the seller's non-performance. Originality/value - Most of the existing studies on the right to withhold performance under the CISG have centered on the right to withhold performance for an anticipatory breach of contract. On the other hand, there have been few prior studies on the right to withhold performance for the actual nonperformance during a contractual period of performance. Therefore, this paper examined the requirements for the buyer's right to withhold performance under the CISG and the CESL in a comparative way for the seller's actual breach of obligation. In this conclusion, it may provide practical and legal considerations and implications for business people who are not certain about the right to withhold performance.

• Fire Science and Engineering
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• v.31 no.6
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• pp.47-52
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• 2017

The recent tragic outbreak of fire at the Grenfell Tower in the United Kingdom compels all branches of government to reexamine and reassess the safety measures against fires in high-rise buildings from a broad perspective. Accordingly, this study examined what problems stem from the current evacuation codes by comparative analysis of the high-rise apartment evacuation codes that range over various individual laws before introducing a new evacuation code. The outcome of this study can be utilized as basic data for amending the existing evacuation codes for high-rise buildings. The codes related to high-rise building evacuation include the Building Act, the Housing Act, the Skyscraper Disaster Management Act, and the Fire-Fighting System Act. Some local governments have also drawn up their own codes and put them into practice. Comparative analysis of the major evacuation codes has helped identify a variety of problems, such as different codes being applied to each individual law and ordinance, the use of additional codes other than the provisions of laws and ordinances, and the in effectiveness of evacuation codes. Most of these problems occur when diverse codes are applied to a single building, which means that cooperation among the relevant ministries is urgently needed to improve the related codes in the future.

• International Commerce and Information Review
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• v.12 no.1
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• pp.35-54
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• 2010

This article explored the bank's responsibilities in electronic payment system between Korea and U.S.A. In order to complete my research object, I used Article 4A of the U.C.C. and EFTA of 1978 and by Electronic Financial Transaction Act of Korea as a analytic instruments. I also adapted America's various regulations to regulate concerned parties(banks). The system of this article is going to display as fellows; First, I presented recent trend and legal stabilities of electronic payment in this article. Second, I focuses on the allocation of risk of loss caused by ambiguous term in payment orders that do not express the subjective intention of the senders. I also did analyze the solution procession of error occurring in course of send of payment order. Third, In any action which involves a customers's liability for an unauthorized electronic fund transfer, the burden of proof is upon the financial institution to show that the electronic fund transfer was authorized. Forth, Customers have to report the error and unauthorized electronic fund transfer after awaring of it. Then bank will be liable for such a unauthorized electronic fund transfer. But If customer's failure to report, the bank has exemptions. Lastly, In order to prevent or detect the unauthorized electronic fund transfer, bank will agree with custom to establish a commercially reasonable security procedure, while bank has duties to notify in order to decrease the loss resulted from unauthorized payment order in korea law.

• Journal of Korean Library and Information Science Society
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• v.43 no.4
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• pp.5-22
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• 2012

The purpose of this study aims to provide possible suggestions for the improvement of KDC 5th ed. in Jurisprudence Field. The research methods are as follows. First, to analyze academic fields in Jurisprudence, the contents of Jurisprudence introductory books are investigated. Second, to find out the problem of KDC Jurisprudence field, comparative analysis is done on the three classification schemes - KDC, DDC and NDC. Third, curriculum of domestic law schools are reflected. If above suggestions are adopted, effective literature classification scheme which is suited to domestic circumstances will be certainly prepared.

• Journal of Korean Library and Information Science Society
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• v.33 no.2
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• pp.1-24
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• 2002

This study intends to analyze materials which Korea and Japan have investigated about each other during last In years(1901-2000). To the end, we collected monographs and constructed DBs('Korea-Japan Information Retrieval System'). Using it, this study analyzed a characteristic of the publication period, subjects, and producers from a bibliographical point of view. In particular, this study concentrated upon the subject of sociology, education, public administration, and law fields.

• Proceedings of the KSR Conference
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• 2007.11a
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• pp.719-728
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• 2007

Recently the assurance of railroad safety is very important issue in KOREA because there are lots of changes in the railroad industries. The Railway Safety Act was established in order to cope with these changes effectively and prevent the railroad transportation accidents. According to this law, Korea Transportation Safety Authority (KOTSA) has been entrusted with 'Integrated Railroad Safety Audit (IRSA)' and has implemented the safety audit to the railroad operation agencies such as Korea Railroad (KORAIL) and the railroad facility management organization such as the Korea Rail Network Authority (KR Network). The target of IRSA is to establish the effective rail safety management system and to raise the safety level of the railroad operation and facility agencies by checking synthetically their performance of safety duties with sincerity according to the Railway Safety Act. The purpose of this paper is to improve the efficiency of IRSA by the comparative research between IRSA and other similar safety audit system. To study the efficiency of IRSA, we investigated the rail safety audit systems of EU system specially France, England where the big changes have happened for the rail operation concepts and Japan where government entity control the railroad safety. The international standards of Occupational Health & Safety Assessment Series (OHSAS 18001), Quality Management System (ISO 9001) and Guidelines for Quality and/or Environmental Management Systems Auditing (ISO 19011) are investigated.

• Archives of design research
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• v.2 no.1
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• pp.117-130
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• 1989

Evaluation is to be seen a~ a central component of design activity. It is an attempt to ensure that the proposal which arises is accepted and that the resulting artefact itself suited to its purposes in practice. Recent surveys of Evaluation show that most methods require quantitative and explicit attributes. Always a significant part of the attributes of design proposals is qualitative. Therefore we need some study that convert qualitative attributes into quantitative scale values, because in many cases con\ulcornerclusions can be drawn about the order of the overall value of the design proposals. Following to Thurstone's psychological scaling methods, attributive values are assigned by ruting scale methods, met, hod of rank-order and method of paired comparisons. The problem of psycho\ulcornerlogical scaling is then to determine whether the stimuli can be ordered on a psychological continuum with respect to the degree of the attributes each possesses. The law of comparative judgement assumes that for a given stimulus there is associated a most frequently aroused or modal discriminal process on a psychological continuum. This paper is based upon the premise that the modal discriminul process will also be the same as the mean or median of the distribution.The objective of this paper is to argue for an acceptance of qualitative approaches to the evalua\ulcornertion of Design as a complement to the existing quantitative techniques. The scale values of 10 attri\ulcornerbutes \ulcorner(1) originality, (2) aesthetics, (3) satisfaction, (4) effeciency, (5) function, (6) size, (7) texture, (8) simplicity, (9) symbol, and (10) facility) in case of TV sets are obtained and their interactions are examined.

• International Journal of Computer Science & Network Security
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• v.22 no.7
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• pp.85-90
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• 2022

In modern conditions of the development of public relations, there is a continuous development of technologies. This not only reflects the convenience of service users, and new technology but also contributes to the emergence of new disputes to protect the rights of stakeholders. Therefore, it is urgent to study the distinctions between the jurisdiction of commercial, civil and administrative courts in resolving IT disputes. The work aims to study the peculiarities of delimitation of the jurisdiction of commercial, civil, and administrative courts through the prism of IT measurement. The research methodology consists of such methods as a historical, comparative-legal, formal-logical, empirical, method of analogy, method of synthesis, method of analysis, and systematic method. Examining the specifics of delimiting the jurisdiction of commercial, civil, and administrative courts through the IT dimension, it was concluded that there is a problem in determining the jurisdiction of the court. In addition, the judicial practice on this issue is quite variable, which negatively affects the predictability of technology in resolving potential disputes. In this regard, the criterion models for distinguishing between commercial, administrative, and civil proceedings according to the legal classification of the parties, as well as the nature of the claim are identified. This separation will contribute to a more accurate application of legal norms and methods of application of administrative norms and reduce the number of cases of improper proceedings.

• Structural Engineering and Mechanics
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• v.85 no.6
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• pp.765-780
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• 2023

In this work, a novel combined logarithmic, secant and tangential 2D and quasi-3D refined higher order shear deformation theory is proposed to examine the buckling analysis of simply supported uniform functionally graded plates under uniaxial and biaxial loading. The proposed formulations contain a reduced number of variables compared to others similar solutions. The combined function employed in this study ensures automatically the zero-transverse shear stresses at the free surfaces of the structure. Various models of the material distributions are considered (linear, quadratic, cubic inverse quadratic and power-law). The differentials stability equations are derived via virtual work principle with including the stretching effect. The Navier's approach is applied to solve the governing equations which satisfying the boundary conditions. Several comparative and parametric studies are performed to illustrates the validity and efficacity of the proposed model and the various factors influencing the critical buckling load of thick FG plate.