• 제목/요약/키워드: law reform

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1930년대 중국 문서당안 행정개혁론의 이해 (The Records and Archives Administrative Reform in China in 1930s)

  • 이원규
    • 기록학연구
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    • 제10호
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    • pp.276-322
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    • 2004
  • Historical interest in China in 1930s has been mostly focused on political characteristic of the National Government(國民政府) which was established by the KMT(中國國民黨) as a result of national unification. It is certain that China had a chance to construct a modern country by the establishment of the very unified revolutionary government. But, it was the time of expanding national crises that threatened the existence of the country such as the Manchurian Incident and the Chinese-Japanese War as well as the chaos of the domestic situation, too. So it has a good reason to examine the characteristic and pattern of the response of the political powers of those days. But, as shown in the recent studies, the manifestation method of political power by the revolutionary regime catches our attention through the understanding of internal operating system. Though this writing started from the fact that the Nationalist Government executed the administrative reform which aimed at "administrative efficiency" in the middle of 1930s, but it put stress on the seriousness of the problem and its solution rather than political background or results. "Committee on Administrative Efficiency(行政效率委員會)", the center of administrative reform movement which was established in 1934, examined the plan to execute the reform through legislation by the Executive Council(行政院) on the basis of the results of relevant studies. They claimed that the construction of a modern country should be performed by not political revolution anymore but by gradual improvement and daily reform, and that the operation of the government should become modern, scientific and efficient. There were many fields of administrative reform subjects, but especially, the field of records and archives adminstration(文書檔案行政) was studied intensively from the initial stage because that subject had already been discussed intensively. They recognized that records and archives were the basic tool of work performance and general activity but an inefficient field in spite of many input staff members, and most of all, archival reform bring about less conflicts than the fields of finance, organization and personnel. When it comes to the field of records adminstration, the key subjects that records should be written simply, the process of record treatment should be clear and the delay of that should be prevented were already presented in a records administrative meeting in 1922. That is, the unified law about record management was not established, so each government organization followed a conventional custom or performed independent improvement. It was through the other records administrative workshop of the Nationalist Government in 1933 when the new trend was appeared as the unified system improvement. They decided to unify the format of official records, to use marker and section, to unify the registration of receipt records and dispatch records and to strengthen the examination of records treatment. But, the method of records treatment was not unified yet, so the key point of records administrative reform was to establish a unified and standard record management system for preventing repetition by simplifying the treatment procedure and for intensive treatment by exclusive organizations. From the foundation of the Republic of China to 1930s, there was not big change in the field of archives administration, and archives management methods were prescribed differently even in the same section as well as same department. Therefore, the point at issue was to centralize scattered management systems that were performed in each section, to establish unified standard about filing and retention period allowance and to improve searching system through classification and proper number allowance. Especially, the problem was that each number system and classification system bring about different result due to dual operation of record registration and archives registration, and that strict management through mutual contrast, searching and application are impossible. Besides, various problems such as filing tools, arrangement method, preservation facilities & equipment, lending service and use method were raised also. In the process this study for the system improvement of records and archives management, they recognized that records and archives are the identical thing and reached to create a successive management method of records and archives called "Records and Archives Chain Management Method(文書檔案連鎖法)" as a potential alternative. Several principles that records and archives management should be performed unitedly in each organization by the general record recipient section and the general archives section under the principle of task centralization, a consistent classification system should be used by classification method decided in advance according to organizational constitution and work functions and an identical number system should be used in the process of record management stage and archive management stage by using a card-type register were established. Though, this "Records and Archives Chain Management Method" was developed to the stage of test application in several organizations, but it was not adopted as a regular system and discontinued. That was because the administrative reform of the Nationalist Government was discontinued by the outbreak of the Chinese-Japanese War. Even though the administrative reform in the middle of 1930s didn't produce practical results but merely an experimentation, it was verified that the reform against tradition and custom conducted by the Nationalist Government that aimed for the construction of a modern country was not only a field of politics, but on the other hand, the weak basis of the government operation became the obstacle to the realization of the political power of the revolutionary regime. Though the subject of records and archives administrative reform was postponed to the future, it should be understood that the consciousness of modern records and archives administration and overall studies began through this examination of administrative reform.

뉴스초점 - 산재예방 5개년(2010~2014) 계획 (Industrial accident prevention 5years plan)

  • 박무일
    • 기술사
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    • 제43권4호
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    • pp.33-38
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    • 2010
  • The propulsive strategy of the 3rd five-year plan can be summarized into three parts; firstly, it is to divert from the technical approach, such as law reform, and to focus more on the culture in order to transform the perspectives of the employers and the employees. Secondly, it is to provide distinct policies for the areas prone to industrial accidents. Thirdly, the central government needs to seek decentralization and become a promoter of the strategy by abandoning its former restrictions, providing data about the strategy and building infrastructure.

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우리 나라 傳統 婚禮와 現代 婚禮에 關한 硏究 (A Study on Marriage in Yi Dynasty and Modern Times in Korea)

  • 이순자
    • 복식문화연구
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    • 제3권1호
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    • pp.157-190
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    • 1995
  • This report aims at studying on marriage extravagancies in Yi Dynasty and modern time in Korea. The author argues that we have to do the reform of consciousness and our reflection, with regard to the marriage extravagancies in Yi dynasty and modern times in Korea. In the way, we have to be illuminated by the seminar for the house wives of high class, by the discussion on marriage extravagancies or on the prohibition law of that which can keep.

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일본 수산물 유통구조의 변화와 정책 대응 (Seafood Distribution-Structure Change and Government Policies of Japan)

  • 누소파;송정헌;이은희;원전신자
    • 수산경영론집
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    • 제39권1호
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    • pp.1-16
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    • 2008
  • For the last few years, the wholesale market system in Japan has been experiencing a lot of changes in the related sectors. The greatest changes in the environments surrounding the wholesale market were enlargement of the producers' cooperatives, increase of fisheries products marketed in the outside of the wholesale market system, and management aggravation of the related businessmen, These changes resulted in the revision of the wholesale Market Law in 1999 to cope with the social needs successfully. Recently, fisheries wholesale markets in Japan have a few problems like declining of earning power, weakening of management constitution, etc. Consequently, Japanese government presents policy for enforcing the competition power through reform laws related with fisheries wholesale markets. Also the fisheries wholesale markets have been trying variety and active countermeasures like undertaking, merger, coalition, etc. to overcome the crisis.

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중국의 전자상거래시장 규제동향과 동북아 지역협력방안 (Regulation and Cooperation of of e-Commerce Market in China)

  • 윤광운
    • 무역상무연구
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    • 제17권
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    • pp.197-224
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    • 2002
  • This paper aims to analyze the status and prospects of chinese e-commerce, review previous literature, and provide future direction for cooperation with far east asian area This study deals with the reform, the open and entering WTO of China economy to suddenly change domestic IT industry, legal regulation of Chinese e-commerce market and cooperation with far east asian area. Especially, Chinese e-commerce market is much developed in recently, but relative legal system is unsatisfactory. Therefore this paper research firstly the present conditions and characteristics of Chinese e-commerce market, secondly Chinese e-commerce policy and legal regulation tendency, thirdly the e-commerce activity between Korea and China, and cooperation with far east asian area.

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미국과 유럽의 해운산업 규제완화와 그 영향 (US/European Shipping Regulatory Development and Its Impact on Liner Shipping Industry)

  • 양정호
    • 무역상무연구
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    • 제28권
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    • pp.39-61
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    • 2005
  • Historically shipping conference has enjoyed antitrust immunity in consideration of the importance of liner service in international trade in that it is essential to ensure stable movement of international freight. However, shipping deregulation which has been carried out for last decades in the US and EU has caused significant changes to the liner shipping market. In fact, most of shipping conferences have broken up or transformed as discussion agreement since shipping regulatory reform. However, on the other hands, it is also true that it has contributed to developmore efficient and responsive negotiating process that are better tailored to the needs of individual shippers.

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A Comparative Study on the Buyer's Right to Withhold Performance for the Seller's Delivery of Defective Goods and Documents in International Sales within the CISG, English law and Korean law

  • Lee, Byung-Mun
    • 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.

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중국 ${\ll}$무역백서(中国的对外贸易)${\gg}$의 주요내용 및 한국기업의 대응책 (Major Contents and Proposal for "China's Foreign Trade")

  • 송수련
    • 무역상무연구
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    • 제61권
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    • pp.327-358
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    • 2014
  • During the past decade after entering the World Trade Organization (WTO), China has quickened its integration into the global economy while its foreign trade has been further invigorated. On the 10th anniversary of China's accession to the WTO, the Chinese government issues White Paper to give a comprehensive introduction to China's foreign trade development. Through this paper, the Chinese government introduces I. Historic Progress in China's Foreign Trade II. Reform of and Improvements to China's Foreign Trade System III. The Development of China's Foreign Trade Contributes to the World Economy IV. Promoting Basically Balanced Growth of Foreign Trade V. Constructing All-round Economic and Trade Partnerships with Mutually Beneficial Cooperation VI. Realizing Sustainable Development of Foreign Trade. At present, the underlying impact of the international financial crisis, the protracted, arduous and complicated nature of the world economic recovery is manifesting itself, and the global economic structure and trade layout face in-depth readjustment. China will make new adjustments to its foreign trade, in an effort to turn foreign trade from scale expansion to quality and profit improvement, and from mainly relying on its low-cost advantage to enhancing its comprehensive competitive edge, thereby turning China from a big trading country to a strong trading power. China's foreign trade is still hampered by many uncertainties and is bound to meet new difficulties and challenges. During the 12th Five-year Plan period China will open itself wider to the outside world as a driver for further reform, development and innovation, make full use of its advantages, strengthen international cooperation in all respects. And at the same time China integrate itself into the world economy on a wider scale and at a higher level. China is willing to work with its trading partners to cope with the various challenges facing the world economy and trade, and promote its foreign trade to realize a more balanced, coordinated and sustainable development, and share prosperity and mutually beneficial results with its trading partners.

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Potentials for Uniform Treatments of E-Commerce

  • Song, Keyong-Seog;Kim, Min-Choul
    • 한국디지털정책학회:학술대회논문집
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    • 한국디지털정책학회 2004년도 International Conference on Digital Policy & Management
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    • pp.55-73
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    • 2004
  • The Internet is a wonderland that can be enjoyed by the young, old, and those in-between. It is also a vast commercial market where many contracts are formed every second. The Internet and E-Commerce have created new situations that have generated sweeping proposals for fundamental changes in contract law. During the first half of the 20th Century. when many businesses expanded their geographic scope, there was a tremendous desire for uniform treatment of contracts for the sale of goods throughout the U.S.A. and the whole world. That same dynamic is now occurring in E-Commerce. There is a general recognition of the desirability of uniform contract law to govern E-commerce, but to date that does not exist, though there are extensive proposals for reform of contract law on the Internet. E-Commerce is currently plagued by some of the same problems that led to the passage of the UCC. In the absence of uniform legislation, state-by-state differences are inevitable with respect to E-Commerce. State-by-state differences in E-Commerce contract law is widely viewed as undesirable. To deal with this problem, a number of uniform bills have been proposed including UCITA, UETA, and revisions to Article 2 of the UCC (Subpart B). The thrust of these uniform acts is to create legal parity between paper records and electronic records. There is considerable resistance by consumer groups to this parity and progress towards Passage of UCITA, UETA, and revised Article 2 has been slow. The UCITA covers licenses of computer software but does not cover the sale oil goods on the Internet. The scope of the UCITA includes computer software. multimedia interactive products, computer data and databases, and Internet and online information, The UETA deals comprehensively with E-Commerce and contract law. The UCC covers the sale of goods, which does not necessarily involve E-Commerce. The basic principles of contract law are modified to deal with Internet transactions. Intent is inferred from the operations of electronic agents and "signatures" can occur with a response to an invitation to click to accept.

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