• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.69
• /
• pp.327-348
• /
• 2016

Under the Korean legal system, as an actual carrier is not the contractual party to the contract for carriage of goods by sea, it has been tortiously liable for the damage to, or loss of cargo, should there be the negligence by its part. However, the Rotterdam Rules introduces a revolutionary liability regime for the actual carrier. According to the Rotterdam Rules, the liability of the actual carrier is same with that of a contractual carrier with the result that a shipper is entitled to bring the direct action to the actual carrier, as well as the contractual carrier on the same basis. Nevertheless, it is expected to take long time for the new approach in respect of actual carrier's liability to be confirmed by many countries, and furthermore most of shipping countries including Korea still adopt the Hague-Vis by Rules where the shipper is not allowed to bring the direct action to the actual carrier. This study reviews on whether or not the alteration of actual carrier's liability based on Rotterdam Rules would be reasonable, considering the current Korean legal system. Furthermore, this study, whilst recognizing that the overall introduction of the new liability regime is somewhat premature, suggests the imposition of contractual liability to the actual carrier from a long-term perspective. Having in mind that the article 809 of the Korean Commercial Act allows the shipper to bring the direct action to the shipowner only in the case that a time charterer is the contractual carrier, this study explores a method to apply the contractual liability to the actual carrier in the case that a slot charterer or freight forwarder is the contractual carrier, in order to establish the uniform liability system.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.65
• /
• pp.51-70
• /
• 2015

The Rotterdam Rules are not phrased in favour of FOB seller's legal status. Whether it will be wise under the Rotterdam Rules to trade on the basis of cash against M/R largely depends on the interpretation of various provisions of the Rotterdam Rules. To protect his interests the M/R holder and his assigns must have a right of delivery of the cargo at the port of destination. The M/R holder and his assigns must be entitled to the bill of lading or at least be able to prevent the carrier from issuing the bill of lading to the shipper. Besides, any additional right of instruction on the part of the shipper must be blocked. Article 35 of the Rules entitles only the shipper to the bill of lading while 47 entitles only the holder of the bill of lading to delivery. When no bill of lading has been issued Article 45 grants to the shipper a right of instruction whereby the shipper is allowed to advise the carrier as to the name and the address of the consignee. I have suggested that by lack of a specific provision to the contrary the Rotterdam Rules have to be considered to be embedded in the system of law as a whole. From the Common Law it follows that a M/R holder, as owner of the cargo, can ask for delivery of the cargo. As owner of the cargo a M/R holder can also claim the bill of lading, if he does so in time, because it must be implied in the contract of carriage that the carrier must deliver the bill of lading to the owner of the goods. It is for the same reason that a M/R holder can prevent the carrier from issuing the bill of lading to any third party but the M/R holder and from taking instructions from the shipper as to name and address of a consignee other than the M/R holder.

• Journal of the Korea Academia-Industrial cooperation Society
• /
• v.19 no.5
• /
• pp.176-183
• /
• 2018

Climate change, rapid urbanization, and population concentration have led to a higher frequency and magnitude of disasters in the world. Recently, the occurrence of large-scale complex disasters, which are caused by a combination of natural disasters, man-made disasters, and social disasters, is increasing. In Korea, there are many case studies of damage prediction and response technology development for individual natural disasters, such as earthquakes, floods, and typhoons. On the other hand, the system basis for the efficient response and management of large-scale complex disasters is insufficient. Therefore, this study examined the representative cases of natural, social disasters, and related cases of domestic disaster response management systems. In addition, this paper proposes ways to improve the legal system for complex disaster management policies and establish a cooperation system between the ministries for an efficient response.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.16
• /
• pp.183-203
• /
• 2001

To accomplish international electronic commerce via the Internet, the most serious dilemma is the international payment system. The BBL is a secure and effective electronic commerce framework for the replacement of traditional paper documents by electronic messages via the Internet providing significant benefits in terms of cost savings, improved logistics and reduced errors in documentation. The most important legal obstacles in the BBL are how to secure authenticity, non-repudiation and message integrity as well as the status of negotiability equivalent to paper B/L. These kinds of functions may be carried out through the electronic title registry of the Bolero International Limited. The technical structure is supported contractually by the Bolero Rulebook. And other documents except B/L can be made out without any legal or technical problems. What are the handicaps of the BBL in its practical use at this time? I can summarize the current and expected problems as follows: First, the fee to join Bolero Association Limited is burdensome to sellers, buyers and trade related organizations all over the world. Second, the liability in errors or defaults in operating central data registry of Bolero International Limited is limited to U.S.$100,000. The amount is not sufficient to the many bulk cargo owners to cover the damages. Third, businessmen are used to traditional paper documents; therefore it takes much time for them to change their customs and practices. So the BBL and traditional papers would be used simultaneously for the time being. Finally, it is very important to incorporate the Rulebook, a multilateral contract binding on all users signed, in each domestic law, which will accomplish the uniform law basis.

• KIEAE Journal
• /
• v.16 no.1
• /
• pp.37-45
• /
• 2016

Purpose: According to the characteristic of hanok public building, Planning criterion of structure, technology, efficiency, design is needed which can includes various type of new-hanok type public buildings. In this paper, we collect expert opinions to be used as a basis for developing models of New-hanok type Public Buildings. Method: This study was conducted in Research Study and expert surveys. The Part of reviewing Study looked at conception of new-hanok type public buildings model development and overview planning criterion set briefly. Expert surveys were targeted to professors and architects who are related in new-hanok type public buildings model development research. Result: In this study, we suggest improvement direction about planning criterion of new-hanok type public buildings model development based on opinions collected by expert surveys. In conclusion, first, In concept and legal status, it is necessary to adjust clearly than the term and legal status of new-hanok type. Second, various applicability is needed by using new materials and new construction method at the part of planning elements. Third, 'composed structure-convergence type' and 'composed structure-juxtaposed type' should be clearly classified or combined at the part of Setting of type. Forth, improvement on heat insulation, soundproof, waterproof efficiency is demanded to roof, wall, window systems. Fifth, arranging revitalization plan is important.

• The Journal of Korean Medicine
• /
• v.35 no.1
• /
• pp.58-67
• /
• 2014

Objectives: The purpose of this study was to analyze the current status of legal disputes in the Oriental medical clinics and hospitals in South Korea, and to suggest their possible solutions. Methods: Legal dispute cases advised by the Association of Korean Medicine from January 2005 to April 2012 were collected and analyzed. Results: 196 Oriental medical dispute cases were analyzed for the study. Problems in musculoskeletal system and connective tissues (37 cases) were the most common cause of Oriental medical disputes. As per treatment methods related to the dispute, acupuncture (66 cases) and herbal medicine (63 cases) were indicated as the two most common causes. The most common initial problems the patients had at the beginning of their treatment were musculoskeletal system and connective tissues problems (87 cases). Out of 196 dispute cases, only 49 were found to be the fault of Oriental medical doctors. Conclusions: This study can be used as a basis to prevent possible Oriental medical disputes. Subsequent studies should be based on a more comprehensive and extensive range of data.

• Journal of Gifted/Talented Education
• /
• v.23 no.5
• /
• pp.649-669
• /
• 2013

The research deals with the changes of the laws related to gifted education focusing on the Marland Report. As result, contrary to conventional argument for the beginning of legal ground for gifted education, 1958's National Defense Education Act(P. L. 85~864) which stipulated the article for 'identification and encouragement' for 'able students' can be said the first legislation of gifted education in the level of federal government. In the case of definition of the gifted, prior to 1972's Marland Report, there was the first legal definition in the Section 806 of the Elementary and Secondary Education Act(P. L. 91~230, 1970), which said "Children who have outstanding intellectual ability or creative talent". However Marland Report expanded the realm of the gifted from the area of intelligence to the area of leadership, art and psychomotor ability. On the basis of Marland Report, in 1974 the Office of Gifted and Talented was set up in the Department of Education for dealing with gifted education in federal. Further, Marland emphasized the importance of stipulating article related to funds for gifted education in law. Without manifesting funds for gifted education in law, he knew very well how hard it was to practice gifted education in reality. This implies that regulation funds for gifted education is crucial for effective actualization of gifted education.

• Journal of Forest and Environmental Science
• /
• v.30 no.1
• /
• pp.133-144
• /
• 2014

This study was carried out to review the pattern of forest stand development for six Gangwondo Baekdudaegan Mountains which experienced different type and duration of intensive legal protection. Vegetation data from point sampling method were employed to classify community types by cluster analysis on the basis of the importance values of canopy tree species for the study areas. The names of classified communities were given by the composition of dominant tree species. The communities were also compared one another in terms of stand structure by species diversity index. The results indicated that National Parks (Seoraksan and Odaesan) had greater proportion of mixed mesophytic forest type which was supposed to progress further forest succession process so as to have more complex and diversified stand structure. On the other hand, ordinary forest areas (Seokbyeongsan and Deokhangsan) had greater proportion of the forest types which was dominatively composed of Quercus mongolica and Pinus densiflora. The forest types with large amount of these two species would tend to develop for relatively short period of time of 40-50 years after artificial disturbances. Hyangnobong of Natural Protection Area and Hambaeksan of Natural Ecosystem Conservation Area showed intermediate stand development pattern in between National Parks and ordinary forest areas. The period of intensive legal protection of the forest area was positively correlated with species diversity index (R=0.736), and noted that the forest which received intensive protection regulation for longer period tended to show more complex and diversified stand structure.

• Korean Journal of Childcare and Education
• /
• v.10 no.4
• /
• pp.5-28
• /
• 2014

South Korea has strengthened the eligibility criteria for childcare teachers while amending the Infant Care Act in January 2005 in order to improve the quality of childcare services. Since then, there was a change in the legal basis related to childcare staff such as introduction of national certification of childcare center directors, name change, strengthened qualification standards for directors and teachers, training system maintenance and repair, strengthened credit standards of teachers' care related qualification courses, and maintenance provisions of continuing education nursery teacher qualifications. And that is because childcare staff are closely related to the quality of childcare, and a very important variable who has direct influence on infants. This study, through literature research and analysis, describes the status and development direction of childcare staff. This study covers three main aspects. First, the relevant historical flow was reviewed and the concepts of the role, expertise, and legal status of childcare staff were investigated. Second, staff training institutions, emissions certification, employment, and the status of treatment were investigated. Third, development direction for the training system, eligibility criteria, continuing education and its training system, and treatment improvement were proposed.

• Journal of Arbitration Studies
• /
• v.24 no.2
• /
• pp.161-181
• /
• 2014

This thesis, which mainly focuses on the characteristics of the Chinese arbitration system, will mainly deal with three characteristics and analyze the causes that directly or indirectly influence them. The first characteristic is China does not recognize ad hoc arbitration. Ad hoc arbitration is the initial form of arbitration, and it occupies an important position in many countries; however, China's judicial system does not recognize it. There are many disadvantages for building a system of ad hoc arbitration in China; i. e., the arbitration system in China is undeveloped and shot-time established, and it lacks social and civil society basis, along with a credit system, which the Western ad hoc arbitration relies on. The second characteristic is the existence of excessive judicial supervision and control over arbitration in China. Judicial supervision over arbitration has been the customary practice in each country of the modern world, but sharp variation exists in the legal stipulations and the courts' attitude toward the standard to be applied in the supervision over arbitration. In China, there has always been a controversy over judicial supervision, and the standards applied in the supervision over arbitration by courts in different regions are less than identical. The last characteristic is the existence of a combination of mediation with arbitration, which is called Arb-Med in China. Such means that in the process of arbitration, the arbitrator may conduct mediation proceedings for the case it is handling if both parties agree to do so. Under the Chinese law, Arb-Med may lead to a binding and enforceable outcome. However, it has several legal disadvantages and almost no country adopts this system. China still insists that this system will go on because Arb-Med was first made in China, and its effect was proven through long-time practice in CIETAC.