• 무역상무연구
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• 제69권
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• pp.327-348
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• 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.

• 무역상무연구
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• 제65권
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• pp.51-70
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• 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.

• 한국산학기술학회논문지
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• 제19권5호
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• pp.176-183
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• 2018

기후변화, 급속한 도시화, 인구집중 및 SOC 시설물 구축 등으로 우리나라를 비롯한 전 세계 재난 재해 발생빈도와 피해규모는 점차 대형화, 복잡화 되는 추세이다. 특히 최근에는 자연재난, 인위재난 및 사회적 재난 등이 복합적으로 연계되어 발생하는 대형복합재난 발생이 국내외적으로 증가하고 있으며 인명피해 및 재산피해도 급속도로 늘어나고 있는 상황이다. 국내에서는 국가 R&D 및 정보화 사업을 통해 지진, 풍수해, 태풍, 대설, 가뭄 등 개별 자연재난에 대한 피해예측 및 대응기술개발에 많은 진전이 있었으나, 대형복합재난의 효율적 대응 및 관리를 위한 제도적 기반은 크게 미흡한 실정이다. 이에 본 연구에서는 기존 자연 및 사회재난의 대표적 사례와 관련 재난별 국내 재난대응관리시스템 사례를 조사 분석하여 시사점을 제시하고, 복합재난 관리정책을 위한 법제도 개선 및 대응매뉴얼 보완방안을 제안하며, 효율적 대응을 위한 통합지휘체계로 의 전환추진 및 부처/부서간 협력체계 구축과 재난대응역량 향상을 위한 교육 및 훈련체계 강화방안을 제시한다.

• 무역상무연구
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• 제16권
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• pp.183-203
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• 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
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• 제16권1호
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• pp.37-45
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• 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.

• 대한한의학회지
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• 제35권1호
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• pp.58-67
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• 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.

• 영재교육연구
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• 제23권5호
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• pp.649-669
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• 2013

본 연구에서는 말랜드 보고서를 중심으로 미국의 영재교육법률에 관한 변천 과정을 다루고 있다. 연구 결과, 연방 차원에서 제정된 법률 가운데 영재교육이 법적 차원에서 다루어진 최초의 법률은 1958년 국가방위교육법(National Defense Education Act)이라고 할 수 있으며, 영재에 관한 법률적 정의가 제시된 것은 말랜드 보고서(1972년)보다 앞선 1970년의 초중등교육법임이 확인되었다. 또한 말랜드 보고서는 영재에 대한 정의 외에도 차별화된 교육과정(differentiated curriculum) 개념을 제시하였으며 영재교육에 관한 연구와 운영을 총괄하는 국가 센터와 기구의 설립 제안 외에도 영재교육을 특정한 법률의 제정과 법률에 예산 조항이 반드시 포함되어야 하는 점을 제안함으로써, 이후 영재교육이 법과 제도에 근거하여 이루어지도록 하는 데 영향을 주었다.

• Journal of Forest and Environmental Science
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• 제30권1호
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• pp.133-144
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• 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.

• 한국보육지원학회지
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• 제10권4호
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• pp.5-28
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• 2014

우리나라는 양적으로 확대된 어린이집의 보육서비스 질을 제고하기 위해 2005년 1월 영유아보육법을 개정하면서 보육교사의 자격 기준을 강화하였다. 이후 원장의 국가자격증 도입, 명칭 변경, 원장과 보육교사 자격기준 강화와 보수교육 체계 정비, 보육교사 자격취득 보육관련 교과목 및 학점기준 강화, 2012년에는 보수교육 보육교사자격검정 등 업무위탁관련 조항을 정비하는 등 보육교직원 관련 법적 근거의 변화가 있었다. 이는 보육교직원이 보육의 질 향상과 밀접한 관련이 있으며 영유아에게 직접적인 영향력을 주는 매우 중요한 변인이기 때문이다. 본 연구에서는 보육교직원과 관련된 법적 근거 규정이 계속 강화되고 있는 시점에서 문헌조사와 분석을 통해 보육교직원의 현황과 발전방향을 서술하고자 하였다. 본 연구는 크게 3가지 측면을 다루고 있다. 첫째, 보육교직원 관련 역사적 흐름을 리뷰하고 보육교직원의 개념과 역할, 전문성, 법적지위를 조사 분석하였다. 둘째, 보육교직원의 양성기관, 자격체계, 재직 보육교직원, 처우의 현황을 조사하였다. 셋째, 이 모든 것을 토대로 양성체계, 자격기준, 보수교육과 훈련체계, 처우개선 및 지위 향상을 위한 발전방향을 제안하였다.

• 한국중재학회지:중재연구
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• 제24권2호
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• pp.161-181
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• 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.