• Title/Summary/Keyword: legal basis

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

  • Kim, Se-Won
    • Journal of Fisheries and Marine Sciences Education
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    • v.20 no.3
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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.

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

  • Park, Chang-Sik;Kim, Cheong-Yeul
    • Journal of Korea Port Economic Association
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    • v.22 no.2
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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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A Study on Ignition and Fire Risks of Electric Heat Wire (전기적 열선의 발화 및 화재 위험성에 관한 연구)

  • Min, Se-hong;Song, Byeong-jun
    • Journal of the Korea Safety Management & Science
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    • v.17 no.4
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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.

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

  • Kang Won-Jin;Lee Sang-Hun
    • Journal of Arbitration Studies
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    • v.14 no.1
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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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A Study on the on-line Dispute Resolution for the E-Trade (전자무역의 분쟁해결방안에 관한 연구)

  • 이상옥
    • Journal of Arbitration Studies
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    • v.13 no.2
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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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Technological Development Trends for Self-driving Cars (자율주행 자동차 기술개발 동향)

  • Kim, Min-joon;Jang, Jong-wook
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2017.05a
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    • pp.246-248
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    • 2017
  • Self-driving cars have three main functions. The first recognizes the surrounding environment, judge the risk, and lastly plans the drive path. Therefore, the driving operation is minimized. And it refers to a human friendly car capable of safe driving on its own. The reason for the need for self-driving car was to reduce traffic jams on limited roads and to reduce carbon dioxide emissions. Driving ahead of these self-driving car businesses can be expected to attract and expand the existing business and expand the new business and create new business opportunities for ICT firms. It is urgent for the concerned agencies to establish legal and institutional basis for self-driving cars. By doing so, new services could be provided to consumers. Therefore, this paper introduces the technological development trends for self-driving cars.

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

  • Lee, Chongho;Lee, Seongsoo
    • Journal of IKEEE
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    • v.19 no.4
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    • pp.617-624
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    • 2015
  • In this paper, an adult authentication system based on authentication certificate was designed and implemented using smartphone and near-field communication. It has three advantages. First, it achieves easy, convenient, and fast authentication by using smartphone and near-field communication. Second, it achieves extremely high security and reliability by exploiting authentication certificate. Third, it achieves extremely low risk of personal information leakage by generating and sending only virtual identification code. Finally, it has a proper legal basis by Digital Signature Act. It consists of adult authentication module, near-field communication control module, policy server module, and database server module. A prototype of the proposed system was designed and implemented, and it was verified to have correct operation.

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

  • Lee, Jae-Ho
    • Management & Information Systems Review
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    • v.22
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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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Evaluation and Analysis of Building Energy Rating System Accroding to Insulation Performance of Building Envelope in Regional and Building Form of Apartment House (지역 및 주동형태별 공동주택 외피 단열 성능에 따른 건물에너지효율등급 평가 및 분석)

  • Kim, Min-Kyu;Park, Hyu-Soon;Song, Kyoo-Dong
    • Korean Journal of Air-Conditioning and Refrigeration Engineering
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    • v.25 no.2
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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.

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

  • Choi, Min-Ah;Choi, Ji-In;Yang, Dong-Suk
    • KIEAE Journal
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    • v.13 no.3
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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.