• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• 제76권
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• pp.77-101
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• 2017

This article provides the definitions of the negotiation of credit, the negotiating bank and the negotiation credit. It further describes a number of legal status of negotiating banks by looking into the legal relations firstly between the beneficiary and the negotiating bank and secondly between the issuing bank and the negotiating bank. This study is in large part based on relevant provisions of UCP 600 and decisions of the Supreme court of South Korea. Under UCP 600 the definition of negotiation requires the purchase by the nominated negotiating bank of the required documents by advancing funds on or before the banking day on which reimbursement is due to the negotiating bank. A negotiation credit authorizes the negotiating bank who is a nominated bank to purchase from the beneficiary the documents required by the letter of credit and to present those documents to the issuing bank for reimbursement. If the credit is to be honoured at sight, reimbursement is due when the issuing bank determines that there has been a conforming presentation. Reimbursement under a letter of credit available by acceptance or by deferred payment is due at maturity of the credit. In particular, while the timing of advance by the nominated negotiating bank is up to the parties, a promise of the negotiating bank to advance the purchase price to a fraudulent beneficiary does not confer immunity from letter-of-credit fraud prior to its performance. This requires the negotiating bank who is notified of material fraud prior to making an advance to beneficiary to avoid a loss by using the fraud.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• 제69권
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• pp.523-541
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• 2016

According to Chinese Arbitration Law, combination of mediation with arbitration means that in the process of arbitration, arbitrator may conduct mediation proceedings for the case they are handling, provided both parties agree to do so. If mediation succeeds and the parties reach a settlement agreement, the arbitrators may render a consent award or a written mediation statement in accordance with the contents of the settlement agreement. If mediation fails, the arbitration proceedings will be resumed until the case is concluded by making of an arbitral award. There is no formal name of this system in China, it is called "combination of mediation with arbitration", "mediation in arbitration process" or "arbitration-mediation", the author of this thesis select "arbitration-mediation" and make it simply as "Arb-Med". This thesis concentrates on three issues that arbitrators and the parties have to clarify and pay attention to once they choose to use Arb-Med. The first part is about the 'waivable problems', include waive the right to challenge a arbitrator who act as a mediator at the same time with parties' approval, as well as the question about the waiver of the arbitrator's duty to disclose confidential information obtained during mediation. The second part is 'public policy in Arb-Med', introduces the concept of public policy, the bias may arise the complaint about public policy, and the due procedure problem. And the last part is about the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, especially about the award including some contents which has relation to third party's interests.

• Proceedings of the KSRS Conference
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• 대한원격탐사학회 2004년도 Proceedings of ISRS 2004
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• pp.512-514
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• 2004

The Electro-Optical Camera (EOC) is a high spatial resolution, visible imaging sensor which collects visible image data of the earth's sunlit surface and is the primary payload on KOMPSAT-l. The purpose of the EOC payload is to provide high resolution visible imagery data to support cartography of the Korean Peninsula. The EOC is a push broom-scanned sensor which incorporates a single nadir looking telescope. At the nominal altitude of 685Km with the spacecraft in a nadir pointing attitude, the EOC collects data with a ground sample distance of approximately 6.6 meters and a swath width of around 17Km. The EOC is designed to operate with a duty cycle of up to 2 minutes (contiguous) per orbit over the mission lifetime of 3 years with the functions of programmable gain/offset. The EOC has no pointing mechanism of its own. EOC pointing is accomplished by right and left rolling of the spacecraft, as needed. Under nominal operating conditions, the spacecraft can be rolled to an angle in the range from +/- 15 to 30 degrees to support the collection of stereo data. In this paper, the status of EOC such as temperature, dark calibration, cover operation and thermal control is checked and analyzed by continuously monitored state of health (SOH) data and image data during the mission life of 3 years. The aliveness of EOC and operation continuation beyond mission life is confirmed by the results of the analysis.

• Journal of the Korean association of regional geographers
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• 제22권3호
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• pp.714-729
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• 2016

National citizenship has been empathized by nation-state since modern times. But with recent wave of globalization, the force of national citizenship is gradually reducing. Globalization requires citizens of global citizenship needed in the global village on the one hand, and of cultural citizenship suited in multicultural society on the other hand. The trend shows that the geographical focus of citizenship is shifted or expanded from the political domain to the social and cultural domain. Moreover, with concerns of personal everyday life citizenship is extended from standard personality by Western view to inclusion and exclusion in micro everyday space, non-Western view based on social difference of gender, class, ethnicity etc. New spaces of citizenship, cultural citizenship and everyday citizenship which empathizes personal right and difference is emerging instead of national citizenship based on personal allegiance and duty of the state. This means that the state has not only a task of establishment of common national citizenship, but also a challenge to recognize of diversity of citizens.

• Journal of Society of Preventive Korean Medicine
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• 제28권2호
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• pp.67-83
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• 2024

Background : Coronavirus disease 2019 (COVID-19) pandemic has profoundly impacted all aspects of life, from disease prevalence to the utilization of medical services. In Republic of Korea, there exists both a duty and a right for Korean Medicine to treat epidemic diseases. However, no studies have been conducted to examine changes in the utilization of Korean Medicine during the pandemic. This study aims to identify the differences in the utilization of Korean Medicine before and after COVID-19. Method : This study analyzed data from the Health Insurance Statistics of the National Health Insurance Service and the Health Insurance Review & Assessment Service from 2016 to 2022. To compare the utilization of Korean Medicine with Western medicine, the analysis was limited to the clinic level. Results : The top 10 most frequently treated conditions in Korean Medicine from 2016 to 2022 remained consistent, primarily involving musculoskeletal diseases, with the exception of functional dyspepsia. Visits to Korean Medicine clinics have declined, while visits to Western Medicine clinics recovered. Despite the overall decline in visits, certain Korean Medicine services increased in frequency, especially in precipitator-simulated acupuncture, indirect moxibustion (moxa burner), pricking cupping (two areas), warming meridian sinew, and complex Chuna therapy (80% as out-of-pocket expenses). Although the relative value units in Korean Medicine services varied, the fees for all services, except for precipitator-simulated acupuncture, increased. Conclusion : These findings indicate that COVID-19 has affected the utilization of Korean Medicine. Further studies are needed to explore the broader impact of epidemics on medical services and to develop policies to address these changes.

• Convergence Security Journal
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• 제16권7호
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• pp.129-137
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• 2016

The guarantee of citizens' safety from crime is the reason for a nation's existence according to the social contract, and it is also a salient task in securing the citizens' right to the pursuit of happiness, which is a constitutional right expressing the nation's duty to its citizens. First, a procedure must be made mandatory that corresponds to the Miranda rule applied during the arrest of criminal suspect, which verifies whether there exists a risk of retaliatory crime to the victim of crime, crime reporter, or witness following their report of a crime or testimony. A measure to punish those who violate this should be devised. The second is the improvement of related laws and systems, such as expanding the scope of persons subject to protection from retaliatory crimes under the current law and strengthening information protection. Third, a retaliatory crime risk evaluation index must be developed, and the evaluation results must be quantified to clearly state measures and responsibilities, in detail, for personal safety at each level of intensity. The fourth is the expanded implementation of proactive personal safety measures for victims of crime and witnesses, as well as the development and application of advanced techniques. The last is a change in the perception s of those working for the judicial body. From the initial investigation stage of the crime to the diagnosis regarding the possibility of retaliation perpetrated on an ex-convict through psychological tests, systems of general cooperation, and mutual assistance must be established.

• The Journal of the Korea Contents Association
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• 제11권6호
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• pp.260-269
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• 2011

This study was done to identify awareness of human rights in nursing students, and to evaluate the factors affecting human rights for nursing students. A cross-sectional design was used, with a convenience sample of 440 nursing students from two university in Incheon and Kangwon province. The score for right consciousness was much higher than duty consciousness inherent in human rights. The predicting factor for human rights was mother's rearing attitude in terms of autonomy and this factor explained 7.6% of human rights for nursing students. There was a significant difference on human rights for nursing students according to age and awareness of human rights were related to perceived parents' rearing attitude, self-esteem, psychological home environment.

• Korean Journal of Social Welfare
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• 제65권4호
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• pp.295-315
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• 2013

The purpose of this study is to analyse the ethical basis of two influential global citizenship idea - Rawls' liberal approach and cosmopolitan republicanism - as a theory on global justice. In the aspect of deontology, Rawls' view has the limit not to reflect reciprocal obligation and duty on civil right in the era of economic globalization that inequality has been structured. But cosmopolitan republicanism has the basis of deontological justification because advocates the realization of anti-domination principle at global level. In the aspect of utilitarianism, Rawls attempts to justify the logic rejecting redistribution intra nations. But cosmopolitan republicanism has the potential to decrease maleficence at global level and to increase utility level through overcoming the structured sacrifice of the citizens of developing countries.

• The Journal of the Korea Contents Association
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• 제15권9호
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• pp.126-133
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• 2015

According to the traditional precedent, if a beneficiary who completed a provisional registration as a result of reservation of trade which is a fraudulent act, then assigned the right acquired by the provisional registration to the third party who has no information of the process, and let the third party complete an additional registration transfer the provisional registration, and if the third party completed the main registration on the foundation of the provisional registration, the beneficiary cannot be the other party of the litigation requesting for the cancellation of registration of the provisional registration. As the result, an apprehension that the duty to recovery of the beneficiary could easily be acquitted of a charge has existed. But, it is considered as desirable that the judicial decision judged that the court recognized the qualification of the defendant as appropriate at this case, with a different view from the precedent, and then the defendant can file the litigation against the beneficiary, requesting for cancellation of the reservation of trade which is a fraudulent act.

• The Journal of the Convergence on Culture Technology
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• 제10권2호
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• pp.27-33
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• 2024

In this article, this study examines the issue of "Physician-assisted Suicide" and how Ramon Sampedro asserts his right to a dignified death through litigation. Ramon, the protagonist of the movie <The Sea Inside> is a patient, severely paralyzed man who has spent more than 26 years in bed. The only thing he can do is verbally ask his family for help. Ramon can no longer support this worthless existence, so he pursues death with dignity. Ramon files a lawsuit to authorize death with dignity within a legal framework, but is denied on the grounds that life is a duty. Ramon eventually fulfills his desire for death with dignity with the help of his friends. Ramon sets up a camera to document the process of his death and introduces the cyanide, which is used in assisted dying, by inhaling cyanide in front of the camera and dying quietly. Although Ramon is not a terminally ill patient, who can blame him for practicing death with dignity as he chooses to do so. We will need to work to build social consensus and legislate for death with dignity for seriously ill patients like Ramon.