• Journal of Ginseng Research
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• 제29권4호
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• pp.206-214
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• 2005

The health function food law has been carried into effect from January 31, 2004 just after the proposal of 'a draft of a proposed law concerning the health function foods for the promotion of a nation health' on November 29, 2000 in Korea. After enforcement of health functional food law, there have been difficult market penetration with overall stagnancy of business activities and the current of health functional food within the country divided two groups. In standardized health functional foods the present condition, nutrition supplementary products (938 items) and red ginseng products (351 items) are prevalent and total 32 products are registered containing lactobacilli (297 items), glucosamine (295 items), ginseng (182 items), yeast(136 items) so on. In 2005, five products (products containing green tea extract, soybean protein, plant sterol, fructooligo sugar and Monascus sp. products are newly notified and raw material or component of total 21 products containing xylitol, teanin extract, sardine peptide are recognized as individual authorized health functional foods. Efficacies of ginseng are studied in many-sided researches but benefits of the ginseng in the health functional food law limited to 3 items (staminaresume, immune enhancement, nourishment robustness). To enlarge functionalities of ginseng it needs raw material and ingredient approval through data application to Korea Food and Drug Administration and this procedure acts as barrier of the functional food development in the ginseng industry. It is necessary to develop the authorized health functional foods for leading health functional food market in the future.

• 가정과삶의질연구
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• 제22권5호
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• pp.331-344
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• 2004

Korean society recently realized the needs for a system that may effectively prevent and/or resolve different family problems caused by the rapidly changing modem society. In order to carry out this objectives. The Healthy Family Act has been legislated and is to be enforced from the 1st of January, 2005. Legislating the law is a means to establish an administrative and institutional structure that may bring in the total welfare system centered around family, so as to promote healthy families in our society. This is also a land marking event that has shifted the paradigm from the welfare system focusing on individual protection to the total welfare system based upon family units. Hence, this study is to examine the specific concepts of 'healthy family,' which is the goal of The Healthy Family Act, and thus to propose the objectives of the law by analysing the institutional system of it. The Healthy Family Act, which consists of major 37 items of 5 chapters with supplementary provisions, aims at the five ideals as follows. The first is to promote the healthy family which is the basis of individual welfare and well-to-do society. The second is to emphasize the importance of family and to provide total service system for family unit. The third is to establish the family value which supports gender-equality and democracy. The fourth is to reinforce the governmental support for independence and cooperation of family. And the fifth is to promote the in-advance and precautionary support for family problems. The law also includes administrative methods for Strong Families Center, different projects and programs for promoting healthy families, roles of Healthy Family Specialist and means to cultivating them, and the policies to specifically carry out the ideas of the law. It is now important to recognize that the development of nation is based on the healthy families and to put much effort in carrying out the ideas and goals of The Healthy Family Act.

• The Journal of Asian Finance, Economics and Business
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• 제7권9호
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• pp.371-376
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• 2020

The study seeks to explore the factors affecting the access to credits by individual customers at commercial banks in Tra Vinh province, Vietnam. Based on these results, the author proposes solutions to further improve the ability to serve individual customers at commercial banks in the province in the future. The study was conducted with a method of collecting primary data of 300 individual customers including 150 people with access to credits and 150 people without accessing to credits at six commercial banks in Tra Vinh Province, Viet Nam - Bank of Agriculture and Rural Development, Bank for Foreign Trade Commercial Bank, Bank for Investment and Development of Vietnam, Asia Commercial Bank in Tra Vinh, Sai Gon Commercial Joint Stock Bank, and Bank of East Asia. The author has used binary regression methods, and the study found that seven factors affecting the ability of individual customers to access capital, namely, career, qualifications, collaterals, incomes, documents, loan and business plans, and experience. In particular, occupation, experience, and documents are the most influential factors. From the above results, the author proposes policy implications to improve individual customers' access to credits at commercial banks in Tra Vinh province in the near future.

• 항공우주정책ㆍ법학회지
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• 제23권1호
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• pp.55-81
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• 2008

Most compensation issues are regulated under domestic law where third parties are suffered damage from crushes of aircrafts or their falling objects. This issue was internationally recognized. A Convention to unify the rules of the law concerning damage caused by aircraft to the third parties on the surface was signed in May, 1933( the 1933 Rome Convention) and it became effective in 1942. Later, modernization was carried out through the 1952 Rome Convention and the 1978 Montreal Protocol amending the 1933 Rome Convention. Ratifying States either to the Convention or to the Protocol is not as many as those States to the Warsaw Convention concerning air-transport. In 1999, which was a turning point of changes of centuries from the twentieth century to the twenty first century, the Montreal Convention was passed to modernize the Warsaw Convention, and was quickly widespread. On September 11 2001, the coordinated simultaneous terror attacks occurred. In the circumstances, the issue modernizing the Rome Convention came up. Thus, workout under the initiatives of the Legal Committee of the ICAO is under operation to adopt new Rome Convention. In Japan, a study on the ICAO Draft Convention was operated by which a working study group composed of experts from academy, industry and government was set up. This article, being based on that study, clarifies issues and gives future perspectives. This article presents author's individual views.

• 무역상무연구
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• 제38권
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• pp.265-302
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• 2008

This paper intends to analyse some legal issues on "Zeroing" which is based on the article 2.4.2 under the WTO Anti-dumping Agreement. "Zeroing" stands for a specific methodology in calculating a general dumping margin for a product in question under which negative individual dumping margins are treated as zero (thus "zeroed") before aggregating all individual dumping margins. The article 2.4.2 of the Anti-dumping Agreement regulates three types of calculating methodology on dumping margin as first symmetrical method(average-to-average: A-A), second symmetrical method(individual-to-individual: I-I) and asymmetrical method(average-to-individual: A-I). However, this article does not have any provisions about the "Zeroing" practice. In their anti-dumping practices, the EC and the United-States calculated dumping margin based on the "Zeroing", but this methodology has been disputed in the Dispute Settlement Body(DSB) of the WTO. This paper analysed their legal problems with some WTO cases in particular concerning EC-Bed Linen, U.S.-Softwood Lumber Zeroing, U.S.-Zeroing(EC) and U.S.-Sunset Review(Japan) cases. On the basis of theses analysis, we can therefore ask some questions as follows; To begin with, although the article 2.4.2 of the WTO Anti-dumping Agreement does not clearly refer to the "Zeroing", how do some developing countries, as the U.S.A and the E.U. calculate dumping margin as the "Zeroing"? Secondly, what is the relationship between the symmetrical method and asymmetrical method to the dumping margin? And if we adopt the zeroing method, what is the different rate to anti-dumping margin? Thirdly, although the Panel decided that the zeroing methodology of dumping margin used by th U.S.A in administrative review between the U.S.A and the E.U, why does the Appellate Body made the decision that the american methodology is incompatible with the WTO Anti-dumping Agreement? Lastly, what will be affected the upper decision taken by the Appellate Body to the DDA negotiation of anti-dumping matters? Even though the WTO Appellate made a decision that the zeroing method is incompatible with the principles of the WTO law, this methodology contains a lot of problems. Some members of the WTO as the U.S.A and the E.U did not officially declare this methodology to abandon, and the debate concerned is arguing. Therefore this paper tried to present the adequate solution in order to promote the zeroing methodology in the international anti-dumping system and practices.

• 한국철학논집
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• 제31호
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• pp.241-262
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• 2011

조선시대 "노자" 주석의 특징은 '유학자의 노자 읽기(이유석노(以儒釋老))'로 대표된다. 그러나 조선사상사 안에서 "노자" 주석사의 흐름을 체계적으로 논의하기 위해서는 좀 더 미시적인 접근이 요구된다. 본 논문에서는 유학과 대립되는 "노자"의 '인(仁)을 끊고 의(義)를 버린다(절인기의(絶仁棄義))', '성인은 어질지 않다(성인불인(聖人不仁))' 등의 사유가 5종의 "노자" 주석서에서 어떻게 해석되는가를 살피고, 나아가 시대에 따른 해석의 변화과정에 주목하고자 한다. 조선시대 '인의(仁義)'는 당대 사회의 윤리적 표지이며, 모두가 따라야 할 공동체의 선이었다. 이이 박세당 홍석주가 "노자" 텍스트 상의 '인의(仁義)' 부정에 대해 유자(儒者)의 입장에서 비판하거나, '인의(仁義)'를 적극 변호한다면, 서명응과 이충익에 이르면 '인의(仁義)'는 '공공선'의 위상에서 벗어나, 판단 주체의 도덕적 자각이 요구되는 도덕률로 언급된다. 또한 율곡과 홍석주가 '천리(天理)의 공(公)'으로서의 '인의(仁義)'의 추구가 '무사(無私)'라고 본다면, 이충익에게서 '무사(無私)'란 개체의 이익을 위해 인의(仁義)를 따르는 것을 반성해야 되는 상태이다. 이 때 반성의 주체는 사회공동체가 아닌 개인이다. 요컨대 조선시대 "노자(老子)" 주석사 안에서 '도덕률'에 대한 인식변화는, 천리(天理)의 당위성이 강조되는 중세시기에서 근대로 넘어가면서, '공동체의 선(善)'이 해체되는 과정을 보여 준다. 이 안에서 개인은 도덕률의 순종자에서 도덕률의 판단 주체로 변모하였다. 서명응 이충익의 이러한 새로운 시도에는 18세기 정치 이데올로기화 된 정주학에 대한 반성과 극복의 과정이 투영되어 있다.

• 농촌지도와개발
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• 제16권4호
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• pp.743-773
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• 2009

The objectives of this study were to study multicultural society of rural areas in Korea. USA immigration law permits permanent settlement but Korea immigration law prohibits permanent settlement. USA adopted the territorial principle but Korea adopted the personal(nationality) principle. So a large number of people immigrated and settled in USA and mass(collective) immigrants is usual in USA. But foreign workers(temporary immigration) and international marriage women(individual immigrants) is usual in Korea. According to the positive law, foreign workers cannot settle down in Korea. So international marriage women immigrants are main cause of multicultural society in rural areas in Korea. This is the particularity of multicultural society in rural areas in Korea. So it is necessary to differentiate multicultural society policy according to areas and residents. Many peoples see multicultural society from a point of view of human rights and welfare. But it is also necessary to see multicultural society from a point of view of economic and policy.

• 정보관리학회지
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• 제1권1호
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• pp.9-24
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• 1984

이 논문(論文)은 컴퓨터와 연관된 지적소유물(知的所有物)에 대한 기존법적보호(旣存法的保護)의 적용문제를 다룬 것이다. 선진국의 현황(現況)과 그 문제점을 조사함으로써 우리나라의 저작권법개정안에 보완되어야 할 사항, 또는 특허권법의 적용가능성등을 제시하였고 어떤 법적보호책도 새로운 미디어를 포괄적으로 다루어야 할 것과 국제적인 협의 안에서 서로 동등하게 인정되어야 할 것을 결론으로 내 놓았다.

• 무역상무연구
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• 제17권
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• pp.251-293
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• 2002

The study is a comparative and analytical study which comprises of the analysis of the rules of the buyer's right to withhold performance where the seller delivers defective goods or documents of three legal systems; the CISG, English law and Korean law. The purposes underlying this study are twofold. The first is to clarify the current position as to the right of withholding performance in the event of the seller's tender of defective goods or documents in Korean law, CISG and English law so that it may assist the parties in drafting the buyer's right to withhold performance in their own contract. The second is to compare the rules of one jurisdiction with those of other jurisdictions and to evaluate the rules in light of the practical functions and benefits of the right to withhold performance and the discipline of comparative law the basic question of which is whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. It shows that each jurisdiction does not have any provision or case law specifically dealing with the buyer's right to withhold performance where the seller delivers the goods which are defective in terms of quality or quantity. The absence of such provision or case in each jurisdiction has resulted in either disputes or uncertainty. However, the study executed in light of the primary functions and benefits of the right in practice and the discipline of comparative law reveals that, first, the view in English law which is against recognizing the right may not be justified when one considers the practical importance of having the right and the position taken by the CISG as a well developed and modernized law, second, the view in Korean law which argues that the principle of specific goods dogma on which it is based is extended even to substitutable or repairable goods cannot be also justified on the ground of one's ordinary expectation and the position under the CISG and English law which imposes a contractual duty to deliver non-defective goods on the seller insofar as the buyer's payment is deemed to be made in exchange for the seller's delivery of non-defective goods and they are substitutable or repairable. Regarding the right to withhold performance in the event of the seller's tender of defective documents, the study shows that the relatively detailed rules in English law may be utilized as a guideline to fill the gap in the CISG and Korean law in terms of the practicability and appropriateness to govern documentary sales. Furthermore, it is found that the position in English law which confers on the buyer the right to withhold performance for a trivial defect in documents may be unreasonable in terms of one's need to enable justice to be done in individual cases.

• 무역상무연구
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• 제26권
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• pp.35-86
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• 2005

International distributorship contract(IDC), as well as international agency contract is a type of contract which is most frequently used in international trade. But one of the main difficulties faced by parties of IDC is the lack of uniform rules for this type of contract. This means that both parties should be careful about each clause of the contract when they draw up it. The ICC prepared model form which incorporates the prevailing practice in international trade, and which aims at protecting and balancing the legitimate interests of both parties. This author examined the several important clauses in this model contract. The purpose of this examination is to help the contracting parties for better understanding and applying them in their actual contracting practice, which based on this model contract. When the supplier and the distributor execute their contract or use ICC Model Contract, they should be careful about the following points: First, some terminologies(like, "territory", "product", "competing products" and "exclusivity") should be clearly defined in their contract. Second, regarding the supplier's functions including "supplying products" and the distributor's responsibility including "undertaking not to compete", and "attaining guaranteed minimum targets", both parties should make clear about each party's right and obligation as well as one party's remedies available when other party makes breach of its obligation. Third, both parties should examine the relationship between the "exclusivity" or "sole" and competition law which is regarded as a mandatory rule in the territory. Forth, when both parties lay down "termination clause" in the contract, they should make clear about the indemnity in case of termination. Fifth, as there is not uniform law for the distributorship contract, it is inevitable to choose any local law as an applicable law in case of litigation. So both parties should keep in mind to insert arbitration clause to avoid the application of the local law. Besides, both parties should consider their individual and specific circumstances and try to reflect them in their contract by Annex I to XI attached to the end of model contract.