• Title/Summary/Keyword: law of war

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The Five Day Work Week System and Changes in Living Culture $\sim$Two Day-Off School System and Its Affects on Parents in Japan

  • Seiko SaWai
    • International Journal of Human Ecology
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    • v.3 no.1
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    • pp.127-136
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    • 2002
  • According to the Labor Standard Law in Japan which was enacted after World War II in 1947, all work hours for adult men, women, and youth were set at a maximum of eight hours per day and forty-eight hours per week. In other words, a six-day work week, with only one-day off, was set. Now we are in the full five-day and two-day off school system. The five-day school week influences on our home life. Students are highly enthused by the new system, in looking forward to their personal time they now have to play with friends, to relax, or just watch TV. To implement this new five-day school system positively and effectively, we should see the point at issue related to the two-day off system from a different angle, which suggests that we should see far ahead into the future.

Role of e-Learning Environments in Training Applicants for Higher Education in the Realities of Large-Scale Military Aggression

  • Nataliia Bakhmat;Maryna Burenko;Volodymyr Krasnov;Larysa Olianych;Dmytro Balashov;Svitlana Liulchak
    • International Journal of Computer Science & Network Security
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    • v.23 no.12
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    • pp.167-174
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    • 2023
  • Electronic educational environments in the conditions of quarantine restrictions of COVID-19 have become a common phenomenon for the organization of distance educational activities. Under the conditions of Russian aggression, Ukrainian proof of their use is unique. The purpose of the article is to analyze the role of electronic educational environments in the process of training applicants for higher education in Ukraine in the realities of a large-scale war. General scientific methods (analysis, synthesis, deduction, and induction) and special pedagogical prognostic methods, modeling, and SWOT analysis methods were used. In the results, the general properties of the Internet educational platforms common in Ukraine, the peculiarities of using the Moodle and Prometheus platforms, and an approximate model of the electronic learning environment were discussed. The reasons for the popularity of Moodle among Ukrainian universities are analyzed, but vulnerable elements related to security are emphasized. It was also determined that the high cost of Prometheus software and less functionality made this learning environment less relevant. The conclusions state that the military actions drew the attention of universities in Ukraine to the formation of their own educational platforms. This is especially relevant for technical and military institutions of higher education.

Study on the Dispute for the Dominium of Diàoyútái(Senkaku Islands) and Legal Principles between the Countries Concerned (조어대(센카쿠열도)의 영유권 분쟁과 당사국간 법리에 관한 연구)

  • Yang, Hee Cheol;Kim, Jin Wook
    • Ocean and Polar Research
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    • v.36 no.3
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    • pp.255-276
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    • 2014
  • The dispute between China and Japan regarding $Di\grave{a}oy\acute{u}t\acute{a}i$ is believed to be quite similar to the controversy surrounding Dokdo in terms of historical and post-war processes except for the point that the phenomena of occupation is different with regard to Dokdo. China's claim to $Di\grave{a}oy\acute{u}t\acute{a}i$ is based on historical title and continuous use while the basis of Japan's claim is summarized as preoccupancy of ownerless land. Even though Japan acknowledges that China discovered $Di\grave{a}oy\acute{u}t\acute{a}i$, Japan claims that the act to establish sovereignty over the island from the standpoint of International Law was not taken by China. However, at that time, effective occupation was not an essential prerequisite for the acquisition of a territory. That is to say, from a legal perspective, the legal right for an area could be established based on the discovery of the land, and so it is thought that Japan is applying the current criteria of International Law in a manner that is inappropriate. When we review the post-war process, the San Francisco Peace Treaty does not directly mention $Di\grave{a}oy\acute{u}t\acute{a}i$. But based on the said treaty, we can note that Japan gave up all rights for the southern area that is north of the boundary line that equates to latitude $29^{\circ}$ and that includes the Ryuku Islands and $Di\grave{a}oy\acute{u}t\acute{a}i$. Of course, the provisions for the territory in the San Francisco Peace Treaty and its disposal are not the final factor for the judgment regarding dominium of $Di\grave{a}oy\acute{u}t\acute{a}i$. However, it seems clear that Japan's attitude and interpretation regarding the issues of $Di\grave{a}oy\acute{u}t\acute{a}i$, the Kuril Islands and Dokdo is problematic.

A Study on the Important Clause of International Sales Contract (국제물품매매계약(國際物品賣買契約)의 주요 조항(條項)에 관한 연구(硏究))

  • Park, Nam-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.18
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    • pp.27-62
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    • 2002
  • The international sale contract is the central contracts in export-import transactions. A good sale contract or set of general conditions of sale will cover all the principal elements of the transaction, so that uncertainties are avoided. The parties' respective duties as concern the payment mechanism, transport contract and insurance responsibilities, inter alia, will all be clearly detailed in the contract. The following key clauses should be included in international contracts of sale and general conditions of sale: ${\bullet}$ preamble ${\bullet}$ identification of parties ${\bullet}$ description of goods ${\bullet}$ price and payment conditions ${\bullet}$ delivery periods and conditions ${\bullet}$ inspection of the goods - obligations and limitations ${\bullet}$ quantity or quality variations in the products delivered ${\bullet}$ reservation of title and passing of property rights ${\bullet}$ transfer of risk - how accomplished ${\bullet}$ seller's warranties and buyer's complaints ${\bullet}$ assignment of rights ${\bullet}$ force majeure clause and hardship clause ${\bullet}$ requirement that amendments and modifications be in writing ${\bullet}$ choice of law ${\bullet}$ choice of dispute resolution mechanism Under most systems of law, a party can be excused from a failure to perform a contract obligation which is caused by the intervention of a totally unforeseeable event, such as the outbreak of war, or an act of God such as an earthquake or hurricane. Under the American commercial code (UCC) the standard for this relief is one of commercial impracticability. In contrast, many civil law jurisdictions apply the term force majeure to this problem. Under CISG, the standard is based on the concept of impediments to performance. Because of the differences between these standards, parties might be well advised to draft their own force majeure, hardship, or excusable delays clause. The ICC publication, "Force Majeure and Hardship" provides a sample force majeure clause which can be incorporated by reference, as well as a hardship clause which must be expressly integrated in the contract. In addition, the ICC Model provides a similar, somewhat more concise formulation of a force majeure clause. When the seller wishes to devise his own excusable delays clause, he will seek to anticipate in its provision such potential difficulties as those related to obtaining government authorisations, changes in customs duties or regulations, drastic fluctuations in labour, materials, energy, or transportation prices, etc.

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Dietary Life Status of Korean Prisoners' and the Background during the Period of Japanese Ruling (일제하(日帝下)(1920년대) 조선인수형인(朝鮮人受刑人)의 식생활상황(食生活狀況)과 그 배경(背景))

  • Kim, Chon-Ho
    • Journal of the Korean Society of Food Culture
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    • v.18 no.1
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    • pp.56-68
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    • 2003
  • The objects of this study are to find out (1) real situation of the food supply in prison under Imperial Government of Japan more cleary (historical meaning) and (2) which might help in understanding wrong present food consumption patterns in Korea which causes environmental as well as health problems. It is generally known that the length of the Japanese occupation for Korea is 36 years. However, it is concluded in this study that it was longer (70 years ; from 1875 to 1945 from when Japanese Army attacked and occupied Yungjongdo and Kanghwado island to e time when they were defeated on World War II.) Korea was annexed by Japan in 1910 then the Imperial Government of Japan dismissed the Korea Army, controlled the Office of Justice and the management of prison by force. Since then about 50% of all land was fell into Japanese Government ownership and 80% of Korean farmers became as tenant. After this change, Korea farmers were forced to pay extremely high rent (up to 80% of its harvest). Forced immigration, low price procurement of grain by Japanese government up to more than 30%of their production, was practiced. Accordingly, the food situation of Korean farmers became miserable, which may caused more violations of Imperial Japanese Law. Malnutrition, epidemic diseases, mortality rate of infants soared and average life expectancy shortened to 20-30 years old. This was the period of World Economic Crises and Food Crises in Japan. It was said then that if one Japanese comes to Korea then 200 Koreans will starved to death. Meanwhile, Proconsul Bureau of Chosun requested to the Department of Medicine, the Imperial University of Kyungsung to survey food supply situation of Koreans in prison throughout Korea. Objectives of the survey then was not only to find out scientifically whether it is agreeable in maintaining prisoner's health and also find out the possibility to save food during food crisis. Survey was started from 1923 and ended in 1945, and it focussed on prisoners in the Seodaemoon Prison. This report is the outcome of the first survey. They concluded that the food supplied was nutritionally (had) no problem, in compare with those of workers in the factory, students in the dormitory in Japan and with those of prisoners in Taiwan, France and Germany. Amount of grain supplied were different according to their work lord and was divided into 9 different levels. Total grain was consisted of 50% millet, 30% soybean and 20% indica rice(variety). However, there were no difference in the amount of supply of side dishes between work groups. For the highest working group, 3280g of boiled grain per day was supplied to make stomach full but as a side dishes, salty fermented bean paste, fermented fish and salty soups, etc. was supplied. Deficiency of animal protein were observed, however, high intake of soybean may possibly caused animal protein deficiency problem. On the contrary, the intake of water soluble vitamins were insufficient but the level of calcium and iron intake seems to be sufficient, however, imbalance of intake of nutrition may caused low absorbtion rate which might caused malnutrition. High intake of dietary fiber and low intake of cholesterol may possibly prohibited them from so called modem disease but may caused the defect in disease resistancy againist epidemics and other traditional disease. Over intake of salt(20-30g per day) was observed. Surveyors who attended in this survey, mentioned that the amount of food intake may nutritionally be sufficient enough but the quality of food(and possibly, the taste of food) were like that of animal feed. For the officials who received this report might consider that considering the war situation and food crisis, the supply situation of food in the prison may considered to be good enough(because they are not starving). But as a Korean who studied this report, one feel extremely pity about those situation because (situation of) those period were very harsh under the Imperial Law and keeping the Law by Koreans were almost impossible, therefore, about one third adult violated the Law and were put into jail. And they were treated like animals.

Employment Adjustment in the British Shipbuilding Industry(1860~1945) - Focusing on the Case of the Boilermakers' Society (영국 조선산업의 고용조정(1860~1945): 보일러제조공조합을 중심으로)

  • Shin, Wonchul
    • Korean Journal of Labor Studies
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    • v.24 no.2
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    • pp.321-365
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    • 2018
  • Though the British shipbuilding industry dominated the world market in the 19th century, it could not avoid the repetitive rise and fall of the unemployment following after the cyclical fluctuations. Without challenging the employers' rights to fire at will, the boilermakers maintained their own unemployment insurance in order to escape from the new poverty law system. In the beginning the craft union could continue their own unemployment insurance under the National Insurance Act of 1911, but it went into bankruptcy under the massive unemployment of the 1920s and the attacks of shipyard employers. The Act of 1911 was a step towards social solidarity in that it spread the risks beyond the occupational boundaries, applying unemployment insurance to unskilled and non-union workers, and the employer and the government also paid the premium. In the Great Depression, the shipyard trade unions demanded that the government should intervene in the shipbuilding market to provide jobs, but it was not accepted by the government. The government responded only to the another demand of the union for the maintenance, which could be achieved partially through the abnormal operation of the insurance system, abandoning the insurance principle. After all, unemployment in the shipbuilding industry was resolved only by the expansion of rearmaments and the outbreak of World War II. From the 19th century to the World War II, the craft unions did not challenge the employers' right to fire at will and did not attempt to regulate dismissal procedures or make any demands on dismissal compensations. During interwar periods rules and practices related with weak employment protection - one of the main features of the liberal employment adjustment institution - were prevalent in Britain. The principle of 'employment at will' could survive through the historical events such as the World War I, II as the operation of the unemployment insurance became the focus of the social conflicts.

Development of Mosim Dining Table's Menu for Head House of Suwon Baek Clan and Injaegong Group in Jeonju (전주 수원백씨인재공파 종가 학인당의 '모심상' 상품화 연구)

  • Kim, Mi-Hye;Chung, Hae-Kyung
    • Journal of the Korean Society of Food Culture
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    • v.29 no.6
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    • pp.477-487
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    • 2014
  • This study aimed to develop a new commercialization model for theindustrialization of head family food as a gentry families' complex food culture product. We tried to develop a head family food and propose a city sightseeing style's head family product by interviews with 'Hakindang' as the center, the head house of the Suwon Baek clan, and Injaegong group in Jeonjoo. Hakindang (in Jeonju) was confirmed as an improved model Korean-style house in the enlightenment period and the twentieth style modern head family as emerging capitalist. Hakindangsupported independence war funds in the Japanese colonial era and was widely known as gate of filial piety in Jeonju. Representative seasonal foods of Hakindang include pan-fried sweet rice cake with flower petals in the spring, hot spicy meat stew and polypus variabilis in summer, hanchae in autumn, and napa cabbage kimchi with salted flatfish seafood in the winter. When parents-in-law had a birthday, there were party noodles, sliced abalone stuffed with pine nuts, brass chafing dish, fish eggs, slices of blilde meat, and matnaji. Daily, there were mainly salted seafood, slices of raw fish, grilled short rib patties, braised fish, baked fish, syruped chestnut, grilled deodeok root, bean sprouts, radish preserved with salt, dongchimi, soy sauce-marinated horseshoe crab, butterbur, perilla seed stew, salted clams, raw bamboo shoot, agar, fried kelp, etc. The most basic virtue of the head family is filial duty, and they developed mosim dining as a representative food of Hakingdang's head family. The mosim menu is composed of 65% carbohydrates, 20% protein, and 15% fat because it is table for parents-in-law like more than 75 years old. The sensory evaluation showed a chewy texture that is easily swallowed.

A Study of the Dispute Between Korea and China on the Safeguard Measure (한(韓).중간(中間) 세이프가드 관련분쟁(關聯紛爭)의 전개(展開)에 따른 우리나라의 대응(對應))

  • Lee, Won-Keun;Chang, Dong-Sik
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.22
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    • pp.255-285
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    • 2004
  • After more than 15 years of negotiations, China was finally able to achieve the WTO membership, opening up new trade opportunities for China as well as existing WTO members. China accepted a special safeguard mechanism as one of its WTO- plus commitments. And in response, Korea has since introduced China special safeguard rules, which in simple terms, allows an invocation of safeguard measures against Chinese product imports under more lapse conditions than would normally be allowed under the existing general safeguard rules. China also introduced new safeguard rules in November 2001 in an effort to increase transparency in its operation of safeguard measures. However, the current article contends that the new rules pose a serious threat to free trade in the form of the retaliation provision, which enables China to take unilateral retaliatory actions against safeguard measures on Chinese product imports, It indicates that the provision could be operated in an arbitrary manner as the US Super 301, and lead to infringements of WTO disciplines. This paper indicates that the foregoing elements could lead to mort trade disputes between Korea China regarding safeguard measures and subsequent retaliations on the hills of the so called the Garlic War. The current article goes on to offer policy recommendations toward deterring such disputes. First, it recommends a more active invocation of Korea's own retaliatory provision against China's unilateral actions at least to gain negotiating leverage. Second, it sites problems involving China's still conspicuous state-trading practices, and proposes to raise issues again China to induce more faithful implementation of WTO disciplines Final, it stresses the importance of preventing disputes before they arise, and suggests several specific preventive measures.

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Global Project Finance Trends and Commercial Risk Analysis (글로벌 프로젝트 파이낸스 최근 동향 및 상업위험 분석)

  • Kim, Sang Man
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.61
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    • pp.273-302
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    • 2014
  • Project finance ("PF") is a method of raising long-term debt financing based on lending against the cash flow generated by the project alone. Project finance is a nonrecourse or limited recourse financing structure against the sponsors(or the investors). The debt terms in a project finance are not based on the creditor's credit support or on the value of the assets of the project. Lenders rely on the future cash flow to be generated by the project for debt repayment and interest, rather than the value of the project or the credit ratings of the sponsors. The non-recourse or limited recourse financing usually prompt potential project finance lenders to assess carefully all possible risks that might arise in a project to ensure that those risks are mitigated and controlled. In this respect, project finance is a opposite financing method of corporate finance. Project finance has rapidly grown over the last 20 years due to the worldwide process of privatization of public sector and development of natural resources. Global project finance volume reached the record USD 406.5 billion in 2011. In 2012, however, Global project finance volume dropped 6% to USD 382.3 billion. Infrastructure overtook Energy to lead all sectors with USD 113.6 billion. It is generally recognized that there are more and higher risks in project finance compared with corporate finance. Project finance is exposed to commercial risks as well as political risks. The main commercial risks are completion risks, environmental risks, operating risks, input supply risks, revenue risks, etc, and the main political risks are currency convertibility and transfer risks, expropriation risks, war and civil disturbance risks, risks of breach of government concession agreement, etc. Completion risks include permits risks, risks relating to the EPC Contractor, construction cost overrun, delay in completion, inadequate performance on completion, etc.

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A Study on UAV and The Issue of Law of War (무인항공기의 발전과 국제법적 쟁점)

  • Lee, Young-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.3-39
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    • 2011
  • People may operate unmanned aerial vehicles (UAVs or drones) thousands of miles from the drone's location. Drones were first used (like balloons) for surveillance. By 2001, the United States began arming drones with missiles and using them to strike targets during combat in Afghanistan. By mid-2010, over forty states and other entities possessed drones, many with the capability of launching missiles and dropping bombs. Each new development in military weapons technology invites assessment of the relevant international law. This Insight surveys the international law applicable to the recent innovation of weaponizing drones. In determining what international law rules govern drone use, the most salient feature is not the fact that drones are unmanned. The fact drones carry no human operator may be the most important new technological breakthrough, but the key feature for international law purposes is the type of weaponry drones carry. Whether law enforcement rules govern drone use depends on the situation and not necessarily who is operating the drone. Battlefield weapons may also be lawfully used before an armed conflict in the following situations: when initiating self-defense under Article 51 of the United Nations Charter; when authorized by the UN Security Council; when a government seeks to suppress internal armed conflict; and, perhaps, when a state is invited to assist a government in suppressing internal armed conflict. The rules governing resort to force in self-defense are found in Article 51 of the UN Charter and a number of decisions by international courts and tribunals. Commentators continue to debate whether drone technology represents the next revolution in military affairs. Regardless of the answer to that question, drones have not created a revolution in legal affairs. The current rules governing battlefield launch vehicles are adequate for regulating resort to drones. More research must be undertaken, however, to understand the psychological effects of deploying unmanned vehicles and the effects on drone operators of sustained, close visual contact with the aftermath of drone attacks.

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