• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.409-434
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• 2011

SWIFT has designed Trade Services Utility(TSU) to meet the new paradigm of electronic trade. The Trade Services Utility is a matching and workflow application that sits on the SWIFT network. The TSU is designed to help banks offer advanced supply chain services to their corporate customers who are involved in open account trading. Nowadays, the Bank payment obligation(BPO) can optionally be included in a baseline by mutual consent. The BPO is an irrevocable and conditional obligation of an obligor bank(buyers bank) to pay a specified amount to seller's bank according to an established baseline of a single TSU transaction. Therefore, SWIFT enables its customers to automate and standardise financial transactions, thereby lowering costs, reducing operational risk and eliminating inefficiencies from their operations. Whereas, Banks can use the core functionality of the Trade Services Utility to offer competitive services that complement existing services. But SWIFT need to come up with the measures of activating the TSU BPO. So, this paper is to introduce TSU BPO and check the measures for the activation of the TSU BPO under the electronic trade environment.

• Journal of Arbitration Studies
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• v.9 no.1
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• pp.233-263
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• 1999

The issuing bank performs an important role than any other parties concerned in letter of credit transaction. Nonperformance of obligation by the issuing bank frustrates whole letter of credit transaction and makes serious effect on both beneficiary and applicant. The purpose of this paper is to analyze the nonperformance of obligation by the issuing bank and to present some problems and countermeasures. For this purpose, the author examines five kinds of cases on nonperformance of obligation by the issuing bank ; improper honor relating to examination of documents, improper honor not relating to examination of documents, improper dishonor relating to examination of documents, improper dishonor relating to handling procedure of documents, and improper dishonor not relevant to letter of credit transaction.

• Journal of the Korean Institute of Navigation
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• v.17 no.2
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• pp.107-119
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• 1993

When the breach of contract is at issue between the contracting parties, the decision of the contents of obligation has an important meaning. The contents of obligation is decided by the construction of cont-ract. Therefore, the construction of contract has very important meaning for the decision of the contents of obligation. And the Civil Law of Korea includes provisions to settle disputes related to contract, and most of these provisions have the nature of voluntary law. And when there is no intention of the contracting parties, or it is not clear, the voluntary law comes into application(Civil code art. 105). Ultimately, voluntary law not only becomes the standard of the construction of the contract, but also it is applied as the law to settle dispute. Thus, it needs to clear what is the relation between the construc-tion of contract and the application of law. Therefore, this paper aims to clarify the relationship between the construction of contract and the appli-cation of law.

• Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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• 2004.05a
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• pp.554-558
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• 2004

With the improvement of living quality, people's desire for quiet living environment keeps increasing. In particular, complaints about the noise emission by constrcution equipments around residential areas take most part of the noise related complaints. In this study, noise marking obligation system for the high noise construction equipment have been proposed to reduce the noise level and protect the well-being of citizens. For this purpose, construction equipment used in the country were surveyed and compared with that of the European Directive/2000/14/EC. As results, 20 kinds of construction equipment were proposed for the obligated noise marking, while 13 kinds of construction equipment were proposed for the equipment subject to permissible noise level, thus the obligated noise marking and certification.

• Journal of Families and Better Life
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• v.14 no.2
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• pp.265-276
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• 1996

Due to the increase in life expectancy the family life of recent days has been through significant changes including prolonged relationships among different generations within families and changing roles and relationships. From the perspective of the care for elderly parents middle-aged children's filial responsibility habe been examined. Based on balanced reciprocity between middle-aged children and their aging parents each party is able to allow each other to respond needs and to respect rights. It is assumed that middle-aged children's moral development may be useful to discriminate levels of filial responsibility from filial obligation to filial maturity. This assumption challenges previous beliefs that filial obligation and filial maturity are the same,.

• Journal of the Korea Safety Management & Science
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• v.7 no.5
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• pp.31-41
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• 2005

In order for the analysis of effect in the respective preventive measures which is being carried out by a small & medium sized company against any potential accident, this research relates to the followings: We investigated the situation of an accident occurred in the company in which his obligation of selecting a safety manager is exempted, in accordance with the industrial safety & healthcare & enforcement ordinance, enforcement rule. We investigated the situation of an accident occurred in the company which entrusted the specialized organization with his own safety control notwithstanding it is free from an obligation to have any safety manager for aiming at the comparison and analysis of the outcome. The economic and preventive effect of industrial accident has been compared and analyzed in order to strengthen the obligation of selecting a safety manager.

• The Korean Society of Law and Medicine
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• v.12 no.1
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• pp.177-225
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• 2011

Verdicts related to major medical litigation given by the Seoul Central District Court, the Seoul High Court and the Supreme Court in 2010 were analyzed. It's shown that in cases of the medical negligence regarding the occurrence of neonatal cerebral palsy, the plaintiff claims were dismissed using criteria proposed by associations of Obstetrics and Gynecology and Pediatrics in US, and thereof the burden of plaintiffs to prove the medical negligence has increased. In addition, in case of that the expected survival period of infants gets longer, payments for treatment and nursing after survival period determined by judges are made and it was judged to compensate it as a periodical indemnity. In case for the explanation obligation the most frequently mentioned in the medical litigation, in addition to cases of invoking the existing theory of explanation obligation, verdicts to mention the instructions of theory regarding instruction explanation obligation and the possibility of compensation for damages on property are given. Particularly, in cases for a liability of reparation by exaggerating the effects and not disclosing the risks related to treatment with stem cells, even if the treatment not approved by Food and Drug Administration is in violation of the Pharmaceutical Affairs Law, it's not illegal as violation in Pharmaceutical Affairs Law itself. But there is a certain verdict to present the possibility of an extension of the theory of explanation obligation by acknowledging the liability of reparation caused by illegal acts with no explanations of effects and risks of treatment with stem cell by doctors and pharmaceutical companies. In an incident in which a mental patient fell and died through the opened door of the roof at the hospital, a liability of reparation was acknowledged due to defects in structure installation management and this verdict drew an attention since the overall management responsibility about patients including structures was acknowledged to the hospital besides the obligations on medical practice. In case of the verdict without giving the opportunity to state the opinion with respect to the main legal issues, the responsibility of the court was emphasized since the court did not fulfill the explanation obligations. There were some cases in which payments for nursing and caring to a patient in vegetative state during the plastic surgery was admitted. However, in dental-related incidents, the proportion of cases in which plaintiff won was low since the difficulty of proving may be reflected. In the area of administrative litigation, unlike the existing position regarding arbitrary medical charge cover collected from patients in hospital, the verdict to admit the legitimacy of collection of medical treatment was given and attracted the attention of people. Verdict in which the expression related to medical advertisement was not exaggerated disposed the original verdict and pointed out the problem of excessive regulations on medical advertisement. The effort to analyze the trend of verdicts of court through reviewing the decisions and to organize should be continued, but the full decision should be disclosed as a base, and people and systems to enable the all time monitoring should be prepared.

• Journal of Ethics
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• no.82
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• pp.193-212
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• 2011

Republic of Korea had undergone a meaningful transformation from aid recipient country to aid donor country and it was the only case among OECD countries. It became the 24th member of DAC in November, 2009. Therefore, it is required that we have to expand assistance which comes up to current economic power of Republic of Korea. However there are weak theoretical consideration about the obligation and justification of foreign aid fundamentally. These researches are almost about communitarianistic, liberalistic perspectives of view but with these, it is hard to enlarge current foreign aid into international level and it also takes a passive approach in obligation to provide. With these contexts in mind, this study proposes cosmotolitanism as an new alternative of foreign aid. This paper seeks to discuss that why we should give assistance to poverty-stricken counties and checking whether we have a obligation of foreign aid or not and the way or the extent to deal with if there is a obligation to help. Cosmotolitanism suggests that whole world is obliged with helping each other to enjoy equal rights and meet the obligation for others because people of the third world countries also have their own lives on the Earth like us and they are sharing all-global plan and future together. The existing discussion took a negative, restrictive attitude but it could mention that there is great relevance to discuss about Cosmotolitanism since it connotes the obligation for the third countries and their people itself.

• Language and Information
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• v.1
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• pp.107-136
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• 1997

The purpose of this paper is to capture the intuition that imperatives and deontic modal sentences are alike in some way but different in other ways, I show that imperatives and deontic modal sentences are alike in that both types of sentences have the modal force of deontic modality, but that they are different in that while imperatives make a contribution that there is an obligation or a permission issued by the speaker as an essential part of their meaning, deontic modal sentences assert the existence of an obligation or a permission in the current world.

• The Korean Society of Law and Medicine
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• v.11 no.2
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• pp.209-235
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• 2010

According to the development of medical technology, new medical treatments have been dramatically increased as an inevitable consequence, however, it is not easy for medical workers to learn the knowledge that is necessary for new medical treatments and their additions in the medical services. Therefore, it could not be helped increasing the guidelines for applying new medical treatments, and then, the problem would come out whether to attribute the medical negligence to the doctors who did not follow the guidelines when the patient became worse because of his non-compliance. Nevertheless, there is no document to review the problem mentioned above and also no definite precedents. Thus, the civil lawful character and obligation of guidelines on the lawsuit against the medical default have been examined in this studies. The medical negligence is defined as usual doctors violate the care obligation which is demanded for them to follow when they treat patients under the proper medical standard in those days. It is resonable to assume that the matter of guidelines is to decide the level of the care obligation, that means the care which is required of the rational doctors under same circumstances, and in general, the experts' testimonies should be needed in this case. In addition, the issue comes out whether the guidelines can be the standard of the judgement of the medical negligence. Finally, I suppose, the evaluation of the issue depends on who makes the guidelines, what materials are based on, and also depends on whether there is another guidelines in the same disease, what the purpose of guidelines is to save the medical costs or to realize the appropriate medical services, in addition, it depends on how often renew the guidelines, and how wide is the usage of guidelines.