• Title/Summary/Keyword: legal basis

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A Study on the ICSID Arbitration Cases for Fair and Equitable Treatment under International Investment Disputes - Focusing on the Protection of the Investor's Legitimate Expectations - (국제투자분쟁에서 공정·공평 대우에 관한 ICSID 중재사례 연구 - 외국인투자자의 정당한 기대 보호를 중심으로 -)

  • HWANG, Ji-Hyeon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.71
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    • pp.195-216
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    • 2016
  • In determining the content of the FET standard, the tribunals stated protection of investor's legitimate expectations, due process and denial of justice, transparency, discrimination and arbitrariness, good faith, etc. The most major elements of the FET standard is the protection of the investor's legitimate and reasonable expectations. It is necessary to consider whether it is possible to what the expectations of investors are protected as legitimate and it is formed under any circumstances. If host state frustrate investor's legitimate expectations, it found a breach of the FET. The host state's specific assurance may reinforce investor's expectations, but such explicit statement is not always necessary. The host state must preserve a stable environment for investments. However, It must not be understood as the inalterability of the host state's legal framework. It implies that the host state's subsequent changes should be made consistently and predictably. The host state is entitled to exercise a reasonable regulatory authority to respond to changing circumstances in the public purpose. Therefore, whether the violation FET shall be determined through a balanced against the investor's legitimate expectations and the host state's reasonable regulatory exercise in the public interest. And investor should keep in mind that the principle of proportionality is applied unless host state provides stabilization clause or similar commitments to investor. Also host state should establish the basis of an argument about reasonable regulatory authority for public interest.

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Social Constructive Analysis and Implication on the Korean Child Protect System (한국의 아동보호사업에 대한 사회구성주의적 접근과 함의)

  • Kim, Hyunok
    • Korean Journal of Social Welfare
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    • v.65 no.4
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    • pp.91-114
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    • 2013
  • The purpose of this study was to draw social constructive implications for the child protect system(CPS) in Korea. As the value of social constructivism for child protect system, the participation and the negotiation were identified through theoretical research. And this paper examined how the participation and the negotiation were done in other government's child protect policies. In addition, the focus group members were interviewed. 11 child protect practitioners and researchers were interviewed about the problems of child protect system, law and policies, and they discussed how the participation and the negotiation were done in Korean child protect system. The result of the discussion were as follows. The democratic relationship must be reconstructed through the participation and negotiation in CPS, Korea lacks of legal basis to force the abusers to participation. And in our country, negotiation parties for children cannot be recognized. Finally, the amendment of the law and regulations concerned with the child protect system were proposed based on the FGI's discussions.

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Policy Direction for Promoting the Satellite Data Use in Public Sector

  • Kim, Young-Pyo;Sakong, Hosang;Park, Sung-Mi
    • Proceedings of the KSRS Conference
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    • 1999.11a
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    • pp.355-362
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    • 1999
  • With the ready access to the high resolution satellite image data, users of and areas covered by satellite image data are constantly on the rise world-wide. Korea will also be able to take full advantage of the satellite data once the KOMPSAT is successfully launched. Harmonizing satellite data production and application technology and users' needs, along with the guiding policy is essential for promoting satellite data use. Up to now, the Korean government has mainly concentrated on developing production technology for the satellite units. However, the imminent task of independent satellite data production demands a promotion policy for satellite data use. In this context, the policy is defined as an important medium for identifying the role and status of satellite image information at the national level and also Preparing the legal as well as systematic foundation for producing, building, distributing, and packaging satellite data. For example, in the countries with the advanced satellite technology, such as the United States, the United Kingdom, and Australia, digital ortho image and digital elevation model (DEM) are mandatorily included in the National Geographic Framework Data through policy measures. In addition, in order for the efficient provision of the satellite data, separate organization or agency is being in operation for the exclusive production and distribution of the satellite data. The present paper aims to examine the role and status of the satellite data as well as their current status and problems in Korea in reference to the National Spatial Data Infrastructure, and finally to provide the policy directions to promote the satellite data use in public sector on the basis of the preceding analyses.

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The Relation of Fashion and Social Position of Women in Victorian era ; English Women′s Costume (빅토리아 시대 여성의상에 나타난 사회상에 대한 연구(영국 여성의상을 중심으로))

  • 이의정
    • Journal of the Korea Fashion and Costume Design Association
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    • v.4 no.3
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    • pp.75-87
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    • 2002
  • The nineteenth century was a watershed - the extreme point of difference in the style of fashion dress and in the roles men and women played in society. This conviction has its roots in the socioeconomic changes of the 19th century and the industrial revolution, and the new working bourgeoisie' value, fashion and taste were on the rise. The bourgeois, who was not considered as having infallible taste, was looking for its own style, while on the other hand it was competing with the nobility. Therefore bourgeois' own etiquette and taste were appeared. There was ideals which the middle classes were hungry for, and it became the basis of judging an individual. The bourgeois tried to get social approval and used fashion was the mean of it. Bourgeois women fashion has a funtion as a complete symbol of the status, wealth and leisure in a patriachal society. Not only the Bourgeois tried to control themselves and to achieve the virtue of moderation, chastity and obedience by the restrictive costume, but also extravagant and cumbersome dresses has a kind of compensative funtion against a sober and simple men's dress. There was a reformative movement to break out of the legal, economic and social restrictions within the confines of respectable Victorian Society. The process of reform was long and slow for not only did laws be changed but the barriers of prejudice in a society convinced of man s mental and physical superiority had to be overcome. But even though there were many difficulties, a small number of progressive women challenged the social recognition and role of women and decisively refused the restrictive and ostentative fashion. Victorian costume was also criticized in the medical and aesthetic aspect for their impracticality. As a result, more funtional and practical women's clothes has appeared, but it have resulted in a peculiar hybrid of traditional female attire in combination with the more uncomfortable aspects of men's clothes. However it was becoming an essential look for new women who were the equals of men and wanted to be treated as such.

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A Study on Policy for Public Libraries of the Metropolitan Office of Education (교육청 소속 공공도서관의 정책적 발전 방안에 관한 연구 -조직적 측면을 중심-)

  • Kim, Hong-Ryul
    • Journal of Korean Library and Information Science Society
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    • v.48 no.3
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    • pp.21-44
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    • 2017
  • This study examines policy issues for the future development of libraries belonging to the metropolitan office of education focusing on facilities (legal basis for installation), management (dedicated department), human resources and budget. This study collected and analyzed related data using National Law Information Center and National Library Statistics System. As a result of this study, the names of the libraries performing library functions varied due to the difference of the administrative organizations of the libraries in the metropolitan education office. In addition, library policy work carried out by the library department may be excluded from policy priorities as a subsidiary task. It is analyzed that the expansion of quota of the librarian deputy director to provide the opportunity for promotion of librarians and the increase of the library input budget against the total budget are necessary.

A Study on the Present Situation of Landscape Management System through Analysis of the Landscape Review Results - Focused on Jeju Special Self-Governing Province Landscape Review- (경관 심의결과 분석을 통한 경관관리제도의 현황에 대한 연구 - 제주특별자치도 경관 심의를 중심으로 -)

  • Park, Hye-Jung;Park, Chul-Min
    • Journal of the Korean Institute of Rural Architecture
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    • v.20 no.4
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    • pp.9-17
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    • 2018
  • The purpose of the study is to suggest ways to improve the Landscape Review system and Landscape Management System of Jeju Special Self-governing Province through Analysis of the Landscape Review Results and Jeju Special Self-governing Ordinance. For this purpose, the research methods were reviewed for preliminary study and reviewing the laws and ordinances related to landscape, and 318 cases of landscape review, which have been implemented since 2010, were analyzed by item by item along with the result of the review. The main results of the analysis are as follows. First, Jeju Special Self-governing Province, which currently operates an enhanced ordinance of development project review, is experiencing problems such as building the wrong construction projects due to the weak legal basis for follow-up management after landscape Review. Second, Jeju Special Self-governing Province expects efficient management of the province through expansion of the scope of the landscape review. Third, the current status of the decisions by the Landscape review showed that 57.7% of the bills passed, the lowest at 41.9% for the development projects. Fourth, analysis of the landscape review contents by categorization by item showed that ' Landscape Control Guideline' and 'Document not completed' are relatively high. Thus, eight years have passed since the start of the Landscape Management System and the Landscape Review, but systematic institutional stability is not sufficient, so it is necessary to make the Landscape Control Guideline easier to understand.

Regulation of Unfair Contract Terms in English Law (영법상 불공정계약조항의 구제)

  • Lee, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.21
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    • pp.3-37
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    • 2003
  • English law accepts the basic principle of freedom of contract that the parties should be free to agree on any terms that they like unless their agreement is illegal or otherwise contrary to public policy because it infringes some public interest. On the other hand, it has been limited for hundreds of years on the basis that certain contract terms, particularly in standard form, may alter a distribution of risks that the customer would reasonably intended. The alteration may often result from his simple ignorance caused by either lack of opportunity to become aware of clauses or inability to understand their full potential implications. In addition, it may also result from disparity in bargaining power which does not allow the customer to look after their own interests even if he is fully aware of the unacceptable clauses. In response to this problem, English law has employed both judicial and statutory intervention techniques to control unfair contract terms. This study describes and analyzes in detail how English law regulates such terms, particularly, in standard form, in order to provide legal advice to our sellers residing either in UK or in Korea who plan to enter into UK markets. It also attempts to explore any problem in the existing double legislations of UCTA and UTCCR and put forward future direction of English law in light of the Draft Unfair Terms Bill which was currently proposed by the Law Commissioners. The main concern of this paper will be confined to some of the various aspects of both judicial and statutory control of unfair contract terms in English law which may draw our attention in terms of domestic or international business sales.

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Comparison between division of health science and dental hygiene in Korea (국내 의료보건계열 신설동향과 치위생(학)과 추이에 관한 연구)

  • Yang, Song-Yi;Kim, Sook-Hyang;Oh, Sang-Hwan
    • Journal of Korean society of Dental Hygiene
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    • v.12 no.2
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    • pp.419-430
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    • 2012
  • Objectives : This review suggests prospect of educational institutions through research on the establishment trend of Korean dental hygiene programs by comparison with health science programs, analysis based on location and year. Methods : For the research, 78 dental hygiene programs, 11 dental colleges, 144 nursing programs, 41 medicine programs, 38 radiology programs, 49 optometry programs, 39 biomedical laboratory science programs, 65 physical therapy programs, 48 occupational therapy programs were analyzed using SPSS 12.0v. The result is as follows. Results : Establishment trend of dentistry-related programs and dental hygiene programs is twice as high as nursing programs and medicine-related programs. Number of 3-years dental hygiene programs is twice as high as 4-years dental hygiene programs. Entrance quota of 3-years dental hygiene programs is four time higher than 4-years programs. On regional basis, number of dental hygiene programs is the highest in Gyeonggi-do by 9 while it is the lowest in Incheon-si and Jeju-do by 1. Number of students in dental hygiene programs is the highest in Gyeonggi-do by 2,514. Establishment of dental hygiene programs showed the biggest increasing trend in Gyeonggi-do and Jeju-do from 1995 to 1999; and in Gangwon-do, Chungcheongbuk-do, Chungcheongnam-do, Gyeongsangbuk-do, Gyeongsangnam-do, Jeollabuk-do, Jeollanam-do from 2005 to 2010. Conclusions : Assurance of legal rights in the workplace and improvement of educational environment should take prudence over establishment of dental hygiene programs in order to develop professionalism among students in dental hygiene.

The Factors Influencing the Duration of Business by Operation Period of the Merchant : focused on Historical and Cultural Street of Jongno-gu (상인의 운영기간별 영업지속기간 영향요인 분석 : 종로구 역사문화거리를 중심으로)

  • Moon, Hae-Ju;Lee, Myeong-Hun
    • The Journal of the Korea Contents Association
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    • v.17 no.3
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    • pp.61-73
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    • 2017
  • A huge rent rise has forced the number of merchants out of their workplace. it has required to review the duration of business, considering recognition about social, economic, cultural characteristic of merchant. this research has indicated influence factors about the duration of business, divided into less than 5 years and more than 5 years on the basis of operation period focused on historical and cultural street of Jongno-gu. The research results, new merchants(less than 5 years) has emerged in order of important factors : monthly sales, monthly rent, franchise, store premium, media public relations. Existing merchants(more than 5 years) has emerged in order of important factors : monthly rent, monthly sales, merchant community, store premium, floating population. Therefore, this research proposes the following implications. Firstly, new measures must be needed to protect merchants and legal regulations about sharp monthly rent. Secondly, when entering the franchises, local government must review business standards with reference to the type and scale.

A Comparison Study on the Risk and Accident Characteristics of Personal Mobility (개인이동형 교통수단(PM) 유형별 사고특성 및 위험도 비교연구)

  • Lee, Soo Il;Kim, Seung Hyun;Kim, Tae Ho
    • Journal of the Korean Society of Safety
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    • v.32 no.3
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    • pp.151-159
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    • 2017
  • This study deals with characteristics and risk of a PM based on user survey result, road driving test and data analysis of PM accident. Text mining method is applied to extract PM accident data from Big Data, which are claim data of private insurance company. Road driving test and survey on safety, convenience, noise, overtake ability, steering ability, and climbing ability of PM are performed to evaluate user's safety and convenience considering domestic road condition. As the result of claim data analysis, annual average increase rate of PM accident is 47.4% and average compensation of personal mobility is higher than that of bicycle by maximum 1.5 times. 79.8% of PM accident is self-caused accident due to unskilled driving and age-specific diagnosis rate of driver over 60 is higher than that of under 60. Diagnosis rate of over 60 at lower limb, foot, rib and spine is especially higher than that of under 60. As the result of road driving test and user survey, satisfaction level on safety and convenience of PM is evaluated as close to that of bicycle and satisfaction level of PM is increased after boarding. Overtake ability, steering ability, and climbing ability of PM are evaluated as same or better than that of bicycle but warning equipment to pedestrian or bike such as horn is required because noise level of PM during driving is too low. Finally, user survey result shows that bicycle road is suitable for PM and safety standard, advance-education and insurance are required for PM. It is suggested that drivers' license for PM can be replaced by advance-education. Results of this study can be used to prepare safety measures and legal basis for PM operation.