• 제목/요약/키워드: comparative law research

검색결과 215건 처리시간 0.027초

Evaluation of Similarity Analysis of Newspaper Article Using Natural Language Processing

  • Ayako Ohshiro;Takeo Okazaki;Takashi Kano;Shinichiro Ueda
    • International Journal of Computer Science & Network Security
    • /
    • 제24권6호
    • /
    • pp.1-7
    • /
    • 2024
  • Comparing text features involves evaluating the "similarity" between texts. It is crucial to use appropriate similarity measures when comparing similarities. This study utilized various techniques to assess the similarities between newspaper articles, including deep learning and a previously proposed method: a combination of Pointwise Mutual Information (PMI) and Word Pair Matching (WPM), denoted as PMI+WPM. For performance comparison, law data from medical research in Japan were utilized as validation data in evaluating the PMI+WPM method. The distribution of similarities in text data varies depending on the evaluation technique and genre, as revealed by the comparative analysis. For newspaper data, non-deep learning methods demonstrated better similarity evaluation accuracy than deep learning methods. Additionally, evaluating similarities in law data is more challenging than in newspaper articles. Despite deep learning being the prevalent method for evaluating textual similarities, this study demonstrates that non-deep learning methods can be effective regarding Japanese-based texts.

국제상사계약에 관한 일반원칙(PICC)하에서 현저한 불균형에 관한 법적 기준 (A Study on the Legal Bases for the Gross Disparity under PICC)

  • 윤상윤;심종석
    • 무역상무연구
    • /
    • 제69권
    • /
    • pp.127-151
    • /
    • 2016
  • UNIDROIT Principles of International Commercial Contracts(PICC) was published in 1994. PICC has been functioned as a guideline of international commercial contracts, an applicable law to govern a contract by the agreement of the parties to a contract, general principles of law and lex mercatoria. In addition, PICC has a role of interpreting or supplementing international uniform law instruments as well as domestic laws, and also has served as a model for national and international legislations. PICC has been accepted as a authoritative source of knowledge of international trade usages of international commercial contracts to the arbitral tribunal rather than domestic court because it excluded the characteristics of hard law at the drafting stage. This article dealt with the rule on gross disparity of validity which fall outside the scope of UN Convention on Contract for the International Sale of Goods(CISG), which has obtained a leading legal position of uniform law in international sales of good. In other words, PICC suggests a series of meaningful solutions to the issue of gross disparity of contract which is the most complicated among legal disputes occurring during the process of conclusion of contact and also extremely different and diverse between legal systems. This article covered the issue of gross disparity of contract at the conclusion of contact and suggested the legal basis of several rules related to the gross disparity by analysing gross disparity rule of PICC. Furthermore, this article suggested legal check points or implication as well as interpretation and evaluation on doctrine of laesio enormis and undue influence or unconscionability. This article also dealt with a comparative analysis with Principles of European Contract Law(PECL) and Common European Sales Law(CESL) which have important legal positions in the area of international commercial contract as well as in terms of close relationship to PICC by linking with recent court or arbitral tribunal rulings.

  • PDF

한-EU 해상운송보안 제도 대응전략 비교연구 (South Korea and EU Practices for Maritime Transport and Port Security: A comparative Study on Attitude to respond)

  • 김시현;신건훈
    • 무역상무연구
    • /
    • 제68권
    • /
    • pp.23-42
    • /
    • 2015
  • According to the increasing attention to safety and security in maritime shipping, there are diverse security systems in international logistics activities. Although prior studies on maritime transport and port security reviewed security policy and practices in order to provide useful insights for strategic agenda, a few focused on attitude to respond it. Moreover, there are no prior study on a comparative study between continents. To tackle this, this paper compared confrontation attitude to maritime transport and port security between South Korea and European Union. Results identified that maritime shipping security incorporates container cargo security management, logistics security management, logistics security certificate system, and environmental impacts management caused by maritime shipping. Further, the comparison between two countries suggests that South Korea need to take more positive attitude to respond, such as investment in equipment and technologies for maritime shipping security, construction of comprehensive management system, political supports for logistics security, and training and education for safety and security. The results provide useful insights for strategic review of security systems in South Korea, and to help strategic agenda for future improvement.

  • PDF

한.일 FTA체결에 따른 수산부문 영향 분석 (The Effect Analysis of Korea-Japan FTA on Fisheries Sector)

  • 이광남;박명섭
    • 무역상무연구
    • /
    • 제22권
    • /
    • pp.227-254
    • /
    • 2004
  • This paper focuses on the analysis of effects on fisheries sector following Korea-Japan Free Trade Agreement and the results are found as follows. In terms of national competitiveness, the RCA(Revealed comparative advantage) index shows that Korea is higher than Japan in most species items. And the calculation of TSI(Trade Specialization Index) finds that Korea is export specialized while Japan import specialized, showing that Korean fisheries sector is internationally more competitive than Japan. The tariffs on the marine products should be completely scrapped between Korea and Japan, export of marine products to Japan increases a mere 2%, while import from Japan 13.5%. In terms of value, annual export to Japan stands at 20,135thousand USD, while import from Japan at 12,137thousands USD, resulting in trade balance improvement of 8,000thousand USD in total. The tariff measures above is expected to have a positive effect on the related industry of marine products such as Oyster, Conger eel, Ark shells and Laver, but those involved in fisheries of Alaska pollack, Hair tail, Sea-bream(live fish), Red horsehead(frozen), Saury are expected to be negatively affected. Given the results of analysis above, the effects of FTA on the fisheries would be advantageous to Korea as a whole, but at the same time, the advantage and disadvantage sustained differs by fishery type and marine products. To that effect, negotiation strategies and countermeasures should be made, taking the results into account.

  • PDF

보증신용장통일규칙과 청구보증통일규칙 비교분석 (A Comparative Analysis regarding Difference of ISP98 and URDG758)

  • 박세운;한기문
    • 무역상무연구
    • /
    • 제51권
    • /
    • pp.263-283
    • /
    • 2011
  • There are two typical international rules in issuing guarantee for obligations of party which is responsible to provide some duties such as services, construction, plants, loan repayment, etc. The two internationally recognized rules are currently ISP98 and URDG758. ISP98 was firstly introduced in 1998 for American banks to issue standby letter of credit domestic and overseas for the area where UCP does not cover. URDG was introduced first in 1991 in the name of URDG458 but it has not been widely used and therefore new URDG named URDG758 came out in 2010 to accommodate more standard guarantee practice. At the face of these two prevailing international rules, the users are sometimes confused which rule would be more suitable for their individual transaction. This led us to conduct a comparative analysis on these two rules. Our study suggests that URDG758 is more adequate for construction, ship-building and plants-supply obligations whilst ISP98 is for financial obligations. Also attentions are required when issues such as counter guarantee, governing rule, presentation period, document examination period and default statement exist. This is because ISP98 and URDG758 have different view points.

  • PDF

한국인(韓國人)의 무역협상방식(貿易協商方式)에 관한 연구(硏究) - 일본인의 협상방식비교 - (A Study on the Comparative Pattern of Trade Negotiation between Korea and Japan)

  • 강진석
    • 무역상무연구
    • /
    • 제14권
    • /
    • pp.291-321
    • /
    • 2000
  • This study investigates the different pattern of trade negotiation between Korea and Japan. For the Korea, it is inevitable to enhance nation's competitiveness position amid the rapidly changed international environment. Especially, Korea's recent experience of IMF credit under economic crisis during 1997-1999 tells us the importance of international trade and trade negotiation. Our main interest is focused on the comparative pattern of both countries with the recognition that the role of the negotiation can not be overemphasized for the Korea. This is because Korea has continuously recorded the huge trade deficits with Japan for the long time. Although we consider the different degrees of products quality, industrial structure, productivity, and national competitiveness of both countries, it is necessarily required to pay special attention on different pattern of negotiation skills and tactics between two countries. In the paper, we suggest some important guidelines for Korea to improve its negotiation technique with Japan. First, valuing human relation between negotiators, rather than negotiating process. Second, preparing for negotiations: the negotiators should try to carve out enough time to prepare for the bargaining. Third, appreciating the power of patience: very essential to effective outputs. Fourth, being a specialist on both countries' culture and avoiding lawyers' intervention for conflict resolution.

  • PDF

2015년 영국 보험법 상 공정표시의무에 관한 연구 (A Study on the Duty of Fair Presentation in Insurance Act 2015)

  • 신건훈
    • 무역상무연구
    • /
    • 제72권
    • /
    • pp.57-80
    • /
    • 2016
  • Since 2006, the Law Commission and Scottish Law Commission have been engaged in a major review of insurance contract law, finally leading to the legislation of Insurance Act 2015. According to the enforcement of the Insurance Act 2015 on 12 August 2016, ss 18~20 of the Marine Insurance Act 1906(MIA 1906) were repealed and substituted by the new concept of fair presentation. This article intends to analyze the legal implications through the comparative research between the duty of fair presentation in Insurance Act 2015 and ss 18~20 of MIA 1906. The major changes in Insurance Act 2015 are designed to (1) encourage active engagement by the insurer rather than passive underwriting, asking questions of the insured if the desired information is not provided at the stage of proposal; (2) encourage policyholders to structure and signpost their presentation in an clear and accessible way, and prevent data dumps; (3) give guidance as to how the insured should prepare a fair presentation, by undertaking a reasonable search of available information and giving examples of what circumstances might be material; (4) clarify whose knowledge in the insured's organization is attributed to the insured for the purposes of disclosure; (5) clarify the exceptions to the duty of disclosure, including circumstances "which are known or presumed to be known to the insurer"; and (6) replace the remedy of avoidance in all circumstances with more proportionate remedies. This is a default regime, which may be altered by agreement between the parties.

  • PDF

현행법상의 탄핵관련 규정의 몇 가지 문제점과 개선 입법방향 (Some Problems of Impeachment-Related regulations in Current Law and Direction of Improvement Legislation)

  • 표명환
    • 법제연구
    • /
    • 제54호
    • /
    • pp.7-37
    • /
    • 2018
  • 본고는 현행법상의 탄핵관련 규정을 검토하고 그에 대한 입법적 개선방향을 제시하는 것을 내용으로 하였다. 이를 위해서 본고는 우선 현행법상의 탄핵제도와 관련된 규정의 의미를 분석하고 이를 사건에 적용함에 있어서 제시된 법리를 검토하였다. 이러한 검토는 법규정의 구체적 적용에 있어서 흠결이나 불명확성으로부터 야기되는 문제를 파악하는 것이 주된 목적이었으며, 그로부터 다음과 같은 규정의 문제점이 도출되었다.: (1) 탄핵소추사유에 관한 규정, (2) 탄핵소추사유의 구별에 관한 규정, (3) 탄핵소추사유에 대한 국회의 조사의무규정, (4) 탄핵소추의결에 따른 권한정지에 관한 규정, (5) 탄핵결정에 있어서의 파면선고에 관한 규정, (6) 파면결정요소로서의 '국민의 신임을 배반한 행위', (7) 탄핵심판에 있어서 심판정족수에 관한 규정 본고에서는 이들 문제를 해결하기 위하여, 미국의 경우와 독일의 경우를 검토하는 비교법적 방법을 동원하였다. 그리고 또한 그 법체계가 이질적인 경우에 있어서는 우리헌법체계에서의 헌법적 이념 내지 가치를 고려하여 그에 대한 입법개선 방안을 제시하였다.

Features of Legal Relations in the Field of Digital Services: Legal Realities and Prospects for the Future

  • Pohrebniak, Stanislav;Panova, Liydmyla;Gramatskyy, Ernest;Radchenko, Liliya;Kryvosheyina, Inha
    • International Journal of Computer Science & Network Security
    • /
    • 제22권1호
    • /
    • pp.300-304
    • /
    • 2022
  • The central feature of a digital society is the presence of a significant volume of digital services. The main research-analytical goal of the work is to identify the characteristic features of digital services, to classify and compare various types of digital services, to study the main levers for the development of digital services, the principal determinants of the observance and implementation of digital rights, to identify the dominant threats regarding the violation of digital rights, to analyze the features of legal relations that arise between the supplier and the consumer of digital technologies, consider the available taxation options for the digital economy. The work uses the following methods and research methods: hermeneutic, forecasting, in particular, extrapolation, analysis and synthesis, comparative. Research results: the definition of the concept of "digital service" is given, its main characteristics and types, according to the level of digitalization, the states-leaders are identified, slowing down, promising and problematic, the main triggers of slowing digitalization in some EU countries are investigated, by analyzing the regulatory legal acts of the European Commission on digitalization the strategy of the EU's actions to increase the degree of digitalization was determined, the positive and negative effects of digital services concerning the observance of human rights and freedoms were highlighted, the issue of levying taxes from digital companies was investigated.

한국과 미국 시그랜트 프로그램의 비교 분석 (A Comparative Study on Korea and United States Sea Grant Program)

  • 박성쾌;김영자
    • Ocean and Polar Research
    • /
    • 제30권1호
    • /
    • pp.59-77
    • /
    • 2008
  • The purpose of this study is to carry out a comparative analysis of Korean and US Sea Grant College Program (SGCP). The important lesson learned from the US SGCP is that ocean policy requires active interaction among public and oceans since oceans are far from constituents, law makers and government officials. Also, Sea Grant Program (SGP) should be based on universities so as to facilitate the use of equipment and expertise, there is a need for a well-organized control system, legislative mandates and strong government financial support, and sea grant activities must be well combined with regional/local outreach, education and research at the appropriate level.