• 무역상무연구
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• 제61권
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• pp.191-211
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• 2014

This paper intends to study some problems in the application of UCP 600 in the international trade transactions with China. Generally speaking, China complies with UCP 600 well. Nevertheless, there are some problems in the application of UCP 600 in China owing to the difference in law and practices. There are some problems in the application of UCP 600 in China owing to the difference of practices under Bills of Exchange Act and The Provisions of the Supreme People's Court on Some Issues Concerning the Trial of Cases of Disputes over Letter of Credit. The Act insists on the formal requirements, the consistency between a letter amount and a figure amount, the unconditional payment character of bills of exchange. The Provisions include the recognition of revocable credits, the difference of standard in examining documents, the difference in the treatment of issuing banks in relation to discrepant documents. These aforesaid matters of the Act and the Provisions are inconsistent with the practices under the UCP 600. There are two main problems in the operation of letters of credit in China. One is the lack of concerned parties' practice knowledge in relation to letters of credit in China. The other is the inactive stance of nominated banks in China. There are two main problems in relation to judiciary institutions in China. First, judges in China tend to abuse the injunctions owing to the lack of understanding in relation to letters of credit. Secondly, there are inconsistency in the court ruling in China.

• 대한치과기공학회지
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• 제36권4호
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• pp.257-266
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• 2014

Purpose: This report intend to provide basic materials of Musculoskeletal diseases prevention program development and preventive measures establishing by surveying Musculoskeletal symptoms. Musculoskeletal disease and Musculoskeletal disease prevention act about dental technician in Daegu. Methods: From October. 2012 to November. 2012 by conducting self - survey using questionnaire and use unit490 final analysis data. Results: In dental Technicians, as the musculoskeletal symptoms back or waist pain rate appear such as 28.2% and as the musculoskeletal disorders, the shoulder region pain complaint rate appear highly such as 87.4%. Musculoskeletal disease prevention act was highly appeared man more than women, the married than the unmarried, over 10 years dental experience, fewer working hours per day, the average monthly income is greater regular medical check-up dental technician than technician who do not. As working environment, In case working in laboratory whch dust is well ventilated and with a barrier, Musculoskeletal disease prevention act rate was highly appeared more than another technician who do not. Conclusion: We must prepare an effective preventive measures. To development Musculoskeletal disease prevention program suitable for dental technic working and make obliged to practice.

• 한국중재학회지:중재연구
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• 제25권2호
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• pp.19-47
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• 2015

International arbitration is an increasingly popular means of alternative dispute resolution for cross-border commercial transactions. The primary advantage of international arbitration over court litigation is enforceability. An international arbitration award is enforceable in most countries in the world. Especially, statistics indicate of ASEAN such as Malaysia and Singapore that the vast majority of defeated companies comply with the terms of international arbitral awards against them or settle soon after the award is rendered. Unlike Malaysia and Singapore, in Indonesia, there are several grounds for refusal of enforcement of an award including where both the nature of the dispute and the agreement to arbitrate do not meet the requirements set out in the Arbitration Law. Because Indonesia does not acknowledge decisions of foreign courts, theoretically they could enforce an international arbitral award which was set aside by the court in the seat of arbitration. This paper introduces the legal system and cases of recognition and enforcement of foreign arbitration awards in ASEAN, especially Malaysia, Singapore, and Indonesia. Secondly, by comparing their law and cases, the paper emphasized the international suitability and global fitness in involved in recognition and enforcement of foreign arbitration awards.

• 한국중재학회지:중재연구
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• 제27권3호
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• pp.53-76
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• 2017

Korean businesses, and their legal representatives, have observed the improvements of enforcement of commercial judgments through arbitration over traditional collections litigation in U.S. Courts-due to quicker proceedings, exceptional cost savings and more predictable outcomes-in attaching assets within U.S. jurisdictions. But how are the 2016 interim measures implemented by the Arbitration Act of Korea utilized to avoid jurisdictional and procedure pitfalls of enforcement proceedings in the Federal Courts of the United States? Authors examine the necessary prerequisites of the U.S. Federal Arbitration Act as adopted through the New York Convention, to which Korea and the U.S. are signatories, as distinguished from the Panama Convention. Five common U.S. arbitration institutions address U.S. "domestic" disputes, preempting U.S. state law arbitrations, while this article focuses on U.S. enforcement of "international" arbitration awards. Seeking U.S. recognition and enforcement of Korean arbitral awards necessitates avoiding common defenses involving due process, public policy or documentary formality challenges. Provisional and conservatory injunctive relief measures are explored. A variety of U.S. cases involving Korean litigants are examined to illustrate the legal challenges involving non?domestic arbitral awards, foreign arbitral awards and injunctive relief. Suggestions aimed toward further research are focused on typical Korean business needs such as motions to confirm foreign arbitration awards, enforce such awards or motions to compel arbitration.

• 방재&안전
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• 제5권1호
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• pp.93-100
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• 2015

Although many years passed since 'The Legislative bill on the support of voluntary activities of enterprises for disaster reduction'(hereinafter referred to as 'enterprise disaster reduction act') has been first enacted in 2007, BCMS is still not activated in our society. In contrast, after 911 Terror, importance of BCM is getting magnified and standardization research & institutionalization i s a lso proceeding i all over world. Lately, Disaster preventing activities is urgently needed like the sinking of 'Sewol ferry'. So the purpose of this paper is proposed for establishment of 'BCMS' and activation of the certificate system for Best-Run Business by analyzing the problem of 'enterprise disaster reduction act' and weak of activation as following. First, propel changing the policy of self-regulated participation to mandatory about the certificate system for Best-Run Business from public entity to government ministry and it is able to activate by propelling demo business of the certificate system for Best-Run Business. Second, public entity that has been given the certificate system for Best-Run Business by affiliating with Disaster Management Assessment of government management can be exempted from Disaster Management Assessment or those entity can arrange for connectivity acquisition method of 'Excellent rate'. Third, to publicize the activation of the law mentioned above, makes public entity r ecognizable by incorporating 'BCMS' into National safety management plan and establishment of National critical infrastructures security plan. Fourth, it should be reviewed to improving the related act regarding to inclusion of public organizations as well as private enterprises.

• 충청수학회지
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• 제24권3호
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• pp.569-581
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• 2011

Let a finite group R act smoothly on a closed manifold M. We assume that R acts freely on M except a union of closed submanifolds with codimension at least two. Then, we show that there exists an isomorphism between equivariant topological complex vector bundles over M and nonequivariant topological complex vector orbibundles over the orbifold M/R. By using this, we can classify nonequivariant vector orbibundles over the orbifold especially when the manifold is two-sphere because we have classified equivariant topological complex vector bundles over two sphere under a compact Lie group (not necessarily effective) action in [6]. This classification of orbibundles conversely explains for one of two exceptional cases of [6].

• 정보보호학회논문지
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• 제25권4호
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• pp.881-888
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• 2015

금융분야에서 개인신용정보 유출사고로 인하여 금융당국은 전자금융거래법등에 통제사항을 강화하여 왔다. 이에 따라 정보보호 수준이 한 단계 향상이 되었지만 추가로 개선할 사항이 더 없는지 연구해볼 필요가 있게 되었다. 본 논문은 정보보호 분야에서 통제사항을 총 망라하는 정보보호관리체계인증의 통제사항과 비교하여 추가로 개선할 통제사항을 전문가들의 의견을 모아 일정 중요도 이상이 되는 19개를 도출하였다.

• 농촌지도와개발
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• 제12권1호
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• pp.57-68
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• 2005

Since about 2000. local government has started making ordinance related to the rural development planning which is revitalizing rural area through using rural resource. But, the ordinance of local government have not any contents relating to the land use planning system that is necessary in rural development planning. According to the present local autonomy act, ordinance can not have any regulations restricting basic human right without being allowed by law. In recent, central government is considering to hand power making land use planning system over local government. This paper is to study how to expand the legislative power of local government. This study discussed on logical bases through examining disputes on legal theories, the nature of local ordinance, range of local autonomy affairs and cases of local ordinance.

• 한국중재학회지:중재연구
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• 제24권1호
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• pp.3-24
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• 2014

The Arbitration Act of Korea entered into force on December 31, 1999. It was modeled after the UNCITRAL Model Arbitration Law to meet the goal of the internationalization of the arbitration system of South Korea mainly in terms of the System (Alternative Dispute Resolution) Act. In general, a hearing of arbitration is made up of an arbitrator, claimant, and respondent. This is accomplished in a single core. The advantages of arbitration are low cost and confidentiality. In addition, there is the participation of experts and rapidity with a single core agent. However, under the current Arbitration Act, there is no provision expressly relating to the qualifications of arbitrators. This should be accomplished by the arbitration act enforcement ordinance. Following specific details of the 'party' in conjunction with all the provisions of the Arbitration Act, Article 1 should be revised in a timely manner so that "conflict of private law" covers cases in which a dispute between the parties is desirable. In addition, in Article 3 the phrasing of "also dispute 'judicial'" should be revised to over disputes between parties. Furthermore, the provisions of Article 40 are described in the Supplement and so it is preferable to address Supplementary Delete. In addition, this study will analyze ADR in Japan and present a plan to establish a law to resolve disputes outside of court in that country. Therefore, the objective of this study is to assist in the study of legislating fundamental law for alternative dispute resolution. In spite of this, there are many in business and academia who would like to modify the arbitration system in South Korea to improve its function. There is much interest in accomplishing this,so proposals for legislation should continue to be made.In order to accomplish this, the arbitration systems of developed countries such as the United States can be used as a model. It can be seen that despite the idea that the parties involved engage in arbitration autonomously, many elements of the process from the selection of the arbitrator of the arbitral tribunal are specified in legislation and thus it is necessary to develop legislation that will allow arbitration to perform its intended function. Any given arbitral tribunal can be specialized, typically in a case an arbitrator who is an expert in the field is selected. This helps to avoid complaints concerning the results of the arbitration. In the case of international arbitration, however, this provision is often not employed and instead it is necessary to provide a Schedule and Supplement concerning international arbitration. Finally, the promotion of the enactment of the Arbitration Law Enforcement Ordinance must be a top priority in order to ensure proper implementation of the arbitration law.

• 해양환경안전학회지
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• 제17권3호
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• pp.245-255
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• 2011

우리나라는 선박관리산업의 중요성을 인식한 해운업계 및 학술단체의 전문가들에 의해 지속적으로 노력한 결과 최근 국회의원의 발의에 의하여 "선박관리산업발전법안"이 제안되었다. 이러한 성과는 우리나라의 선박관리산업이 선진국 대열에 진입하게 되는 결정적인 계기가 된다고 생각한다. 이 연구는 최근 발의된 우리나라 "선박관리산업발전법안"을 각 조문별로 소개하고, 조문별 분석을 통해 법적인 문제점과 실효성을 검토하여 개선방안을 제시함으로써 향후 우리나라 선박관리산업의 발전을 위한 법과 제도의 발전에 기여하는 것을 궁극적인 목적으로 한다. 이를 위해 우리나라 "선박관리산업발전법안"의 구성, 목적, 용어의 정의, 다른 법률과의 관계 등을 중심으로 개념을 소개하고, 이 법률안의 핵심이라고 할 수 있는 선박관리산업의 육성 및 지원, 그리고 선박관리우수사업자의 인증을 중심으로 구체적 실효성을 분석하였다.