• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.23-42
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• 2018

This study compares the SGA and CISG to find out the difference of the criteria for calculating damages. and it intends to give some important points in trade practice. The damages is intended to compensate the victim for the breach of contract but there are differences between SGA and CISG as follow. First, the SGA and CISG have the same purpose of claiming damages. Both laws and regulations are subject to a full indemnification to compensate for the breach of the contract by the amount equivalent to the loss suffered by the victim. Second, in the general principle related to the calculation of damages, both law enforcement officials are required to be able to predict damages caused by breach of contract. In the case of SGA, however, a foreseeability test or remoteness of damages is required for the relationship between the contract violation and the loss. In other words, it can be said that the causal relation between the contract violation and the damage is strictly applied rather than the CISG. Finally, both laws and regulations of SGA and CISG have a big difference in criteria for calculating damages. In the CISG, after the contract is canceled, it is classified according to the existence of the alternative transaction and the damage amount is calculated based on the contract price. On the other hand, the SGA estimates the loss based on the market price at the delivery of the goods, reflecting the change in the market price instead of the contract price of the goods.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.62
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• pp.87-109
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• 2014

This article examines the regime for the recognition, enforcement and execution of arbitral awards rendered under the auspices of the International Centre for Settlement of Investment Disputes(ICSID). The effectiveness of international arbitration depends on the degree of finality of the award and the ease with which the award may be enforced by the prevailing part. The ICSID Convention provides for rigorous finality and seeks to establish optimal preconditions for the enforcement of awards in manner that distinguishes ICSID from other international arbitral regimes. As with other classes of disputes subject to judical or arbitral jurisdiction, most ICSID cases settle. In the cases that do proceed to award, participants must understand what will happen if the losing party fails to comply with the award voluntarily and the prevailing party takes the award through phases known as "recognition", "enforcement" and "execution". Investors should assess possible execution before finalizing investments and certainly before they initiate collection proceedings on ICSID awards. An investor with a monetary award in hand should attempt to locate assets of the losing State and then obtain comparative law advice to identify jurisdictions that allow attachment of at least certain categories of sovereign assets.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.295-315
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• 2003

Since the end of World War II, the standby letters of credit have been used as a surety device, serving as a performance bond and guarantee in the world. UCP has been used a governing rule for standby letters of credit transactions in international commercial transactions. But the UCP may be sufficient for certain simple standbys, it is not fully applicable nor appropriate for standbys - as is recognized in UCP 500 Article 1. On the other hand, the International Standby Practices(ISP98) provide rules of practice drafted specifically for standby letters of credit intended as an alternative to UCP 500. It became effective on January 1, 1999. In addition to restating general rules applicable to all independent undertakings with greater precision than does UCP 500, thereby reducing the possibility of litigation, it addresses issues that commonly arise in standby practice not addressed in UCP 500. UCP 500 is valid and still applies to standby letter of credit "to the extent to which they may be applicable." Since ISP98 and UCP 500 coexist and may be applicable to standby letters of credit by incorporation, applicants, beneficiaries and issuers have a choice. This study will assist all interested parties in establishing the right rules for the right product, for the right standby letters of credit.

• International Journal of Computer Science & Network Security
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• v.22 no.5
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• pp.115-120
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• 2022

New realities of social relations are changing the understanding of certain phenomena, including the emergence of new concepts among the objects of property rights, such as: virtual assets, and the circulation of virtual assets. The rapid development of the virtual assets market involves the legislative consolidation of the status of such assets, changes in taxation, their circulation, and so on. These circumstances increase the interest in the study of virtual assets as the latest object of property rights and necessitate the study of this topic. The work aims to explore the theoretical developments and regulations on virtual assets in the modern world, as well as to summarize the conclusions about virtual assets as the latest object of property rights. The object of research is the content of the concept of "virtual asset" and its legal status. The methodology of work is represented by a set of methods and techniques that were used to achieve this goal, namely: hermeneutic, historical, extrapolation, comparative law, generalization, analysis, synthesis, and deduction. The study analyzed different approaches to understanding virtual assets, analyzed the characteristics of virtual assets, and concluded that in today's conditions there is no single unified legal regulation of virtual assets, although many countries are moving towards consolidating the status of virtual assets.

• Journal of the Korean Institute of Landscape Architecture
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• v.28 no.3
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• pp.105-115
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• 2000

The purpose of paper is to investigate the characteristics of regulations on landscape management of historic city of Kyongju in Korea, compared with those of Nara in japan to answer the research question that what is the regulative characteristics of landscape management of historic city in Korea. We have analyzed the three laws of the two country - Urban Planning Law, Cultural Assets Protection law, and Building Law. This research has been done in terms of regulative systems of the two country and articles, ordinances, and bylaws on landscape managements of historic city Major components of urban historic landscape management are goals and devices of preservation, preserving actor, authorized actor permitting major planning change, regulatory power on landscape development, and backgrounds of enacting regulations. From this research, we have fond the fact that 1) Kyongju City has general and implicit objectives of landscape management based on conservation of natural environment while Nara City has concrete objectives of lansdscape management, 2) Kyongju City has no regulations on landscape planning while Nara City has systematic planning measures such as designation of landscape management district, planning for preservation of historic landscape, and planning for establishing urban landscape, 3) In an application of landscape management district, Kyongju City designate the district based on the general principle of urban planning district while nara City designate it in a more detailed manner such as district of preservation of historic landscape, district of landscape establishment, and district of building agreement. 4) Kyongju has no legal actor in implementation and management of historic landscape plan while Nara City has administrative organization and procedures, including citizen participation, public hearing, and voluntary participation, and 5) Kyongju City does not operate the consultation committee on landscape management just like Nara City operating. This research results will provide us the remedial insights for landscape preservation of such Korean historic city as Kongju, Puyo, and Chunju. Since our research is focused on the limited area of preserving landscape in historic cities in korea and Japan we need to study sociocultural issues on preserving urban historic landscape more in depth in the future.

• Journal of Korean Academy of Nursing Administration
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• v.4 no.2
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• pp.321-349
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• 1998

Since 1990 the effort for unification has been active in each department of our society. But the study for health policy in Unified Korea has been scarce. Unified Korea should be a democracy and a constitutional state. So we should have lively discussion on the health law as well as unified general laws. The purpose of this study is to compare the health law of South Korea and North Korea and to understand the differences in them. We guess both Korea are considerably different each other. But this study found out that there are many health related laws that have same goals and contents. The reason for this is that both health laws have its root in Korea Law. And the right to health is the social basic right. whose characteristic can not be compatible with market economy and demands state intervention for securing the right to health. The health related laws are divided into 4 fileds. 1. There is a field A which is affected by unified political and economic system and differs little from the law system: the license system of medical personnel. 2. There is a field B which is seldom affected by unified political and economic system and differs little from the law system: the right and duty of medical personnel. quarantine law. 3. There is a field C which is affected by unified political and economic system and differs greatly from the law system: health institution law(exclusive of quarantine law), the laws of medical personnel category, of research center(especially per-mission, registration and establishment). of the role of basic health in private and public area. 4. There is a field D which is seldom affected by unified political and economic system and differs greatly from the law system: health equipment law(the laws of drugs, of cosmetics and of medical instrument. of blood management). the laws of health knowledge. of cooperation in chinese medicine and western medicine. the health promotion law. the rules of first-aid. the law of separation of dispensary from medical practice. The laws which are seldom affected by political and economic system can be consolidated. which in turn can be revised and enacted before unification of Korea through the interchange between North Korea and South Korea and the support to North Korea health system.

• Korean Journal of Social Welfare Studies
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• v.41 no.4
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• pp.161-187
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• 2010

This study begins with two research interests. Firstly, there seems to be a break of research in the field of family policy in Korea which exists especially in regard to family law. Family law was originally the core of state interventions in family life, but has been neglected because of the lack of literature with comparative research methods. This shortcoming needs to be addressed. Secondly, through inquiry into the definition of family or family policy with the lens of the law, the definition of family or family policy can be correctly extended. With these two interests combined, this research tries to derive an analytical tool - maintenance community - of the law and compare some important points of the family law of Korea with those of 16 EU-countries in terms of regime classification. The method used is, firstly, to describe the subjects of family law with a focus on partnering and parenting without subjective interpretation, and secondly, to classify the countries' family-law regimes with the criteria of privacy and autonomy using cluster analysis. The results show that the countries can be classified into three clusters: Nordic (Norway and Sweden), West-Northern (Denmark, France, England, Finland, and Belgium) and Middle South (Italy, Spain, Austria, Portugal, Netherlands, Greece, Ireland, Germany, and Korea). This result can be compared to a precedent research result which showed that 21 OECD countries can be classified in three clusters according to family policy. The number of the clusters is the same as this study, but some countries belong to other clusters; for example Denmark and Finland belong to the Nordic cluster according to family policy, while they belong to the West-Northern according to family law, and Austria, Germany, and Ireland belong to the Middle-South cluster according to family law, while they belong to the Continental according to family policy. From this result we can interpret Korean family law to be in the middle range according to both criteria of privacy and autonomy like other South-European countries including some Continental countries. We can make some theoretical suggestions. The fact that both family law and family policy regimes in countries can be classified into three clusters can be interpreted to mean that there exists parallelism between family law and family policy in a broad sense. But from the fact that some countries belong to different clusters according to family law and family policy, we can say that the family policy in a country is not always consistent with family law.

• Journal of Korean Society of Disaster and Security
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• v.7 no.1
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• pp.1-8
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• 2014

This research has been studied through the actual conditional investigation about street monitoring from January to December of 2013 in Seoul city primally. As the result of this research, it has been performed aleady the Seoul city's BIS (Balanced Index Score) goal of 2013. The 18,490 cases were reported through the street monitoring activities. Despite of increasing drastically for 1,151 cases's record of 2012, Street monitoring activity appeared wide variations in the region, ages, vocation and gender. Also it depended on 25 outstanding persons of merely 3.9%. They reported 13,880 cases that run to 75.1%. On the basis of Herbert W. Heinrich's Domino theory and law of 1:29:300, the dead of 54, seriously and the slightly injured of 1,573 and the latent injured of 16,275 were decreased by eliminating unsafe state. It respected and protected the 17,903 Seoul citizen's life. This study suggested a effective improvemental method of monitoring activity by dawing a problem through Seoul and Gangdong-gu street monitor comparative analysis.

• Journal of Arbitration Studies
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• v.19 no.3
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• pp.67-91
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• 2009

Nowadays, Alternative Dispute Resolution in terms of reconciliation, arbitration, and mediation is in the spotlight as a try to overcome the limits of a lawsuit as well as the judicial reform. Since many articles have studied ADR in America, Germany, Japan and the like which developed the system in advance, this article compares ADR in major Asian countries including China, Indonesia, Singapore, Thailand, Malaysia, India, and Vietnam etc. introducing ADR organizations as well. On the matter of vigorous trade and investment between Asian countries currently, it seems inevitable not to have consequential disputes through international exchange. Thus it will be very useful to know the law to resolve the conflict between the countries involved. This article is written to help to resolve the disputes in Asian countries and provide research materials to develop ADR in Korea by comparing the ones in major Asian countries. In addition, the comparative study of ADR in Asian countries should be continued to find the model which best fits in Asia as well as to nurture talent.

• The Korean Society of Law and Medicine
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• v.25 no.1
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• pp.117-148
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• 2024

This study attempted to examine the ambiguity of work from the legal, social perspective, and actual performance differences in domestic nursing work compared to foreign countries. We compared the historical background of nurses' expanded work through overseas situations, compare and analyze the legal basis for nurses' qualifications and work in each country, and what changes they have undergone to clarify their work. Through this, we would like to consider the current status of the absence of a legal basis for professional work of domestic nurses and seek a direction for the development of domestic medical care. This study applied the case study method as one of the comparative institutional research methods. Among OECD countries, developed countries such as the United States, Australia, and Japan were selected and compared among developed countries that are solving medical gaps using nurses. In the United States, Australia, Japan, and Korea, nurses' professional work has been created by changes in the medical environment due to an aging society, chronic diseases, and lack of doctors. We looked at the start of their professional work, the establishment of legal grounds, the timing of qualification recognition, the development of the credential system and scope of work. Foreign countries have legal grounds for their roles and tasks, but domestic countries are before legislation. The country still has not narrowed the gap between the position of the legislative and judicial branches and actual work, and the current status of the domestic healthcare system has been measured through overseas development cases.