• 제목/요약/키워드: legal basis

검색결과 589건 처리시간 0.025초

선진 해운국의 Freight Forwarding System에 관한 연구 - 미국제도를 중심으로 - (Study on the Freight Forwarding System of Advanced Shipping Country - A Case of United States of America System -)

  • 김세원
    • 수산해양교육연구
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    • 제20권3호
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    • pp.416-428
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    • 2008
  • In the end of 2007, Korea Government promulgated the Rule of 'Basic Act of Logistics Policy' for improving international logistics forwarding business. The goals of these rules are to achieve the development of our nation's economics for providing the security and efficiency of logistics system and enforced competition of logistics enterprises. This is established the basic principles of the legal basis for expanding into the Logistics Hub Center of North-east Asia. However In May 1999 new licensing requirements for ocean freight forwarders and NVOCCs operating in the USA were established by the US Federal Maritime Commission(FMC). Due to these regulations, each ocean transportation service provider in the USA acting as ocean freight forwarder, NVOCCs, or NVOCC agent must obtain a license to operate as Ocean Transportation Intermediary(OTI) before it begins operations. Only licensed OTIs may act as US transportation agents or receiving agents of other NVOCCs, on both US exports and imports. In this context, I think this study will be contributes for the development of korean freight forwarding system by analysis and comparing with between the Rule of the Basic Act of Logistics Policy of Korea and OTI freight forwarder & NVOCCs of USA.

해상화물운송에 있어서 선박의 감항성(勘航性)과 인과관계(因果關係)에 관한 법리적(法理的) 접근(接近) (A Juridical Approach to Causal Relations between Ocean Freight Shipping and Seaworthiness of Vessel)

  • 박창식;김청열
    • 한국항만경제학회지
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    • 제22권2호
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    • pp.83-108
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    • 2006
  • Regarding the ocean carrier's responsibility for damage indemnification, both his or her duty of care and reason of legal exemption have been considered important. The International Convention for the Unification of Certain Rules relating to Bills of Lading also provides that the ocean carrier indemnifies for the loss or damage of freight on the basis of the principle of liability with fault. In other words, the carrier assumes responsibility only for the loss or damage of freight which is under his or her control and whose safety must be carefully maintained by him or her. The carrier's duty of care which is required for freight safety in accordance with the convention is associated with two themes, seaworthiness of vessel and freight itself. To make ocean freight shipping effective necessities the seaworthiness of the ship that will conduct the shipping service under its responsibility. This will ultimately lead to making the service impressive to the shipper as freight owner. Thus the purpose of this study is to contribute to more reasonable shipping by the shipowner or the carrier who needs to ensure seaworthiness of vessel, and prevent unseaworthiness that may be incurred in accordance with freight characteristics. For the purpose, this paper reviewed the meaning of seaworthiness of vessel through a juridical approach to its causal relationship with ocean freight shipping.

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전기적 열선의 발화 및 화재 위험성에 관한 연구 (A Study on Ignition and Fire Risks of Electric Heat Wire)

  • 민세홍;송병준
    • 대한안전경영과학회지
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    • 제17권4호
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    • pp.113-121
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    • 2015
  • This study aims to examine the risk of electrical fire in places where electric heat wires are used. In general, the use of electric heating wires is becoming more common and prevalent in a bid to prevent increasing damage caused by freezing and bursting in residential water pipes, factory pipes and irrigation pipes in vinyl greenhouse and a variety of heat wire products are available in market with legal safety requirements imposed on them. However, the widespread use of anti-freezing burst heat wire products has caused increasing incidents of fire, which often fail to be incorporated into statistics due to quick onsite extinguishing and insignificant damage although damage is gradually on the rise. Against this backdrop, this study aims to look into the possibility of ignition caused by electric heat wires and the mechanism of how it turns into catching fire through overheat and short circuit tests for anti-freezing burst electrical heat wires (hereinafter called the 'heat wire') and expects to serve as the basis for further observations and analyses on the cause of fire and the process of ignition in a scientific manner.

보증신용장거래에세 지급금지명령의 적용에 관한 분쟁사례연구 (Case Studies on Application of Injunction to the stand-by Credit Transactions)

  • 강원진;이상훈
    • 한국중재학회지:중재연구
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    • 제14권1호
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    • pp.29-60
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    • 2004
  • Recently stand-by credits are using as surety devices in various global business transactions including sale of goods. Stand-by credits have lots of merits but simultaneously have high possibility of improper demand by the beneficiary due to the characteristics of the documents required. So so-called fraud rule has developed as a solution to the improper demand in letter of credit transactions. And the actual way of the fraud rule is the injunction by the competent court. The purpose of this article is to examine the applicability of the injunction in stand-by credit transactions by means of case studies. For this purpose, the author examined the concept of the injunction, necessity of the injunction in stand-by credit transactions and the cases of injunction granted and injunction denied. Firstly, the courts have legal standard of the application of injunction due to the legislation of the relative articles in the United Nations Convention on Independent Guarantees and Stand-by Letters of Credit and the Uniform Commercial Code. Secondly, the courts have taken a negative attitude granting injunction in order to observe the independence principle. Thirdly, the courts have a tendency to grant injunction when the demand has no conceivable basis and the applicant will suffer irreparable injury without injunction. Finally, like the saying 'prevention is the best cure', the applicant always pays attention with reasonable care before improper demand by the beneficiary.

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전자무역의 분쟁해결방안에 관한 연구 (A Study on the on-line Dispute Resolution for the E-Trade)

  • 이상옥
    • 한국중재학회지:중재연구
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    • 제13권2호
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    • pp.425-457
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    • 2004
  • This study is to approach e-Trade issues and how to settle the dispute for e-Trade according to on-line Alternative Dispute Resolution (ADR) process. Most on-line systems operate on a limited access basis. The increasing use of the internet to do business brings to light at least important concerns to persons who engage in commerce on-line, or e-Trade. There is some concern about the limits of current internet technology to guarantee the security of e-Trade. The new technology has transformed society and is defining new years of doing business. This revolution in technology has even changed the nature of many of the goods and services that are the subjects of e-Trade. There is also concern about the limits of the legal framework to guarantee the enforcement of e-Trade. A significant issue is how the law should be adapted to reflect business practices regarding such cyberspace agreements as Web site click-on agreements, e-data interchange, and on-line sales. The principal benefits of on-line ADR should typically be faster and less expensive than traditional conciliation arbitration. The on-line ADR system has the several significances, decreasing inappropriate cost as time and burden of ADR, providing an approachable measure of relief and more efficient tool for the settle of dispute. Therefore, on-line ADR could be used as an adjunct resolution process in large class actions where each single claim is small, but varies somewhat, thus requiring some individual fact determination.

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자율주행 자동차 기술개발 동향 (Technological Development Trends for Self-driving Cars)

  • 김민준;장종욱
    • 한국정보통신학회:학술대회논문집
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    • 한국정보통신학회 2017년도 춘계학술대회
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    • pp.246-248
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    • 2017
  • 자율주행자동차는 자동차 스스로 주변 환경을 인식하여 위험을 판단하고 주행경로를 계획하여 운전자 주행조작을 최소화하며 스스로 안전주행이 가능한 인간 친화형 자동차를 말한다. 자율주행자동차가 필요한 이유는 한정된 도로 상에서의 교통체증을 감소와 탄소 저감을 목적으로 시작되었다. 이러한 관련 자율주행자동차 사업 추진은 자동차 업체의 기존 사업 유지 및 확대와 ICT 기업의 신규사업 창출과 진입효과를 기대 할 수 있다. 관련 인증기관은 자율주행자동차에 대한 법적과 제도적 기반 마련이 시급하다. 그럼으로써 소비자에게 새로운 서비스가 제공될 수 있을 것이다. 따라서 본 논문에서는 자율주행자동차에 대한 기술개발 동향을 소개한다.

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스마트폰과 근거리 무선 통신을 이용한 성인 인증 시스템의 개발 (Implementation of Adult Authentication System Using Smartphone and Near-Field Communication)

  • 이종호;이성수
    • 전기전자학회논문지
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    • 제19권4호
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    • pp.617-624
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    • 2015
  • 본 논문에서는 스마트폰과 NFC 통신을 이용한 공인 인증서 기반의 성인 인증 시스템을 설계 및 개발하였다. 제안하는 성인 인증 시스템은 스마트폰과 NFC 통신을 기반으로 하여 쉽고 간편하고 빠르게 인증할 수 있으며, 공인인증서 기술을 기반으로 하여 보안성 및 신뢰성이 매우 높고, 가상 신원 확인 코드만 생성하고 전송하여 개인 정보유출의 위험이 매우 낮으며, 전자서명법에 기반하여 적절한 법적 근거를 가지고 있다. 제안하는 성인 인증 시스템은 성인 인증 모듈, NFC 제어 모듈, 정책 서버 모듈, DB 서버 모듈로 구성되며, 프로토타입을 설계하고 구현하여 정상적으로 동작하는 것을 확인하였다.

비영리 재단의 유형과 활성화 방안 (A Study on the pattern and activating method of non-profit corporation)

  • 이재호
    • 경영과정보연구
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    • 제22권
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    • pp.61-84
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    • 2007
  • This research aims to find the legal classification of non-profit corporation, to check the pattern of non-profit corporation, to examine thoroughly the present condition of non-profit corporation, and to make a good solution of the problems of non-profit corporation. The findings of this study about the present condition of non-profit corporation are as follows. First, there is an unclear understanding of non-profit corporation and an public fund, Second, a board of directors and a founder control an aim of non-profit corporation freely, Third, there is an unclear management of activity and accounts of non-profit corporation, forth, there is an vague mission of foundation, fifth, some of non-profit corporation supported social welfare project for marketing strategy. and the last non-profit corporation made an competition unnecessarily. On the basis of study result, the researcher make some suggestion for an revitalizing of non-profit corporation. First, it is very important of making a clear mission to manage the non-profit corporation. Second, there is an autonomy and neutrality of non-profit corporation. Third, we make an irrational law better, forth, we make a settled the donation culture. and the last it is necessary of make an foundation for international society.

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지역 및 주동형태별 공동주택 외피 단열 성능에 따른 건물에너지효율등급 평가 및 분석 (Evaluation and Analysis of Building Energy Rating System Accroding to Insulation Performance of Building Envelope in Regional and Building Form of Apartment House)

  • 김민규;박효순;송규동
    • 설비공학논문집
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    • 제25권2호
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    • pp.49-54
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    • 2013
  • In field of apartment housing currently, insulation technology is the most effective way because it is common to improve the thermal performance, therefore, it is contributed to energy saving as several regional insulation standards and legal mandate method. In addition, by applying of building energy efficiency rating certification system, it has inspired voluntary energy conservation commitment for the building owner or facility manager by making a plan to evaluate and verify building energy performance. However, these circumstances are not enough to acquire a grade 2 of higher information. Therefore, in this study, we analyzed the impact of building energy efficiency rating and confirmed reduction ratio compared to the standard housing on the basis of recent our nation building law when we had changed the shape of windows and wall insulation performance and shapes of housing.

도시재생사업 모니터링 지표 구축 및 적용 방안 연구 - 해외 도시재생 모니터링 지표 고찰을 중심으로 - (The Study on Elaboration and Applications of the Urban Regeneration Monitoring Indicators - Based on Foreign Cases -)

  • 최민아;최지인;양동석
    • KIEAE Journal
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    • 제13권3호
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    • pp.51-60
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    • 2013
  • The necessity of urban regeneration is recently increasing because of the deterioration existing urban area and the slowdown of new development operations. The urban regeneration is differentiated from other private operations by its public characters, which is the basis of public support. This character demands verification of the adequacy for public finance support by monitoring urban regeneration planning and operation. Therefore, this study aims to show the monitoring indicators and its application in legal system for urban regeneration through the examination of foreign countries cases. London, San Francisco, and France urbanism regulation and planning system show the measure for introducing urban regeneration monitoring system into korean urbanism institution. This study is significant by suggesting the circulation structure of urban regeneration by linking planning, operations and monitoring phases. The monitoring system permits improvement of urban regeneration by clarifying objects and ameliorating efficiency by continuos observation and application of its evaluation.