• Journal of the Korean Association of African Studies
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• v.43
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• pp.3-48
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• 2014

ABAKO(Alliance des Bakongo) of Democratic Republic of Congo is an organization founded by an ethnic group who sought to preserve its language, culture and tradition. It later developed into a political organization and led an independence movement from Belgium. In 1950, Edmond Nzeza-Nlandu founded the ABAKO in Leopoldville (currently known as Kinshasa), the capital of Belgian Congo. ABAKO changed into a political organization, however, when Nzeza-Nlandu stepped down from his position and Joseph Kasa-Vubu was elected instead as the chief of ABAKO in March 21, 1954. The Bakongo nationalism, as a link between the Kongo Kingdom of the past and the Bakongo people of the present, had influence on their cultural identity, attitude towards authority, political orientation, a common ground for geographical boundaries, and provided foundation for group mobilization. Moreover, the Kimbangu Church, founded by Simon Kimbangu had close ties with ABAKO. They struggled to obtain independece from the Belgian colonial rule. In conclusion, the leaders and members of ABAKO regarded the 'ethnic, linguistic and historical' affinities as the identity of their Bakongo nationalist group.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.133-160
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• 2009

In International trade the buyer and seller are normally separated from on another not only by distance but also by differences in language and culture. It is rarely possible for the performance of obligations to be simultaneous and the performance of contracts therefore calls for trust in a situation in which the parties are unlikely to feel able to trust each other unless they have a longstanding and successful relationship. Thus the seller under an international contract of sale will not wish to surrender documents of title to goods to the buyer until he has at least an assurance of payment, and no buyer will wish to pay for goods until he has received them. A gap of distrust thus exists which is often bridged by the undertaking of an intermediary known and trusted by both parties who will undertake on his own liability to pay the seller the contract price in return for the documents of title and then pass the documents to the buyer in return for the reimbursement. This is a common explanation of the theory behind the documentary letter of credit in which the undertaking of a bank of international repute serves as a "guarantee" to each party that the other will perform his obligations. The independence principle, also referred to as the "autonomy principle", is at the core of letter of credit or bank guarantee law. This principle provides that the letter of credit or bank guarantee is independent of the underlying contractual commitment - that is, the transaction that the credit is intented to secure - between the applicant and the beneficiary ; the credit is also independent of the relationship between the bank and its customer, the applicant. The most important exception to the independence principle is the doctrine of fraud in the transaction. A strict interpretation of the rule that the guarantee is independent of the underlying transaction would lead to the conclusion that neither fraud nor manifest abuse of rights by the beneficiary would constitute an objection to payment. There is one major problem related to "Independent guarantees", namely abusive or unfair callings. The beneficiary may make an unfair calling under the guarantee. The countermeasure of beneficiary's unfair calling divided three cases. First, advance countermeasure namely by contract. In other words, when the formation of the contract, the parties must insert the Force Majeure Clause, Arbitration Clause to Contract, and clear statement to the condition for demand calling. Second, post countermeasure namely by court. Many countries, including the United States, authorize the courts to grant an order enjoining the issuer from paying or enjoining the beneficiary from receiving payment under the guaranty letter. Third, Export Insurance. For example, the Export Credit Guarantees Department is prepared, subject to certain conditions, to cover the risk of unfair calling. Of course, KEIC in Korea is cover the risk of the all things for guarantees. On international projects, contractor performance is usually guaranteed by either a standby letters of credit or Independent guarantee. These instruments will be care the parties.

• Journal of the Korean housing association
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• v.18 no.3
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• pp.9-18
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• 2007

The purpose of this study was to provide the basic information about the formation background of urban squatter and their housing state in Korea. This study was progressed on the basis of socio-historical point of view from the opening of a port to the after the Korean War. In that sense, this study considered meaning of housing for urban squatter in the Korean housing history. For this study, the formation background of the urban squatter was divided into three periods. The first period was after the opening of a port (1876-1910) when the inflow of Japanese and their plundering from Korea started. The second was Japanese occupation period (1910-1945) which contributed to increase the number of Tomak (mud hut) and made the Tomak-min's village. The third period was Korean war & postwar years (1945-1953). This period was divided into three parts again; after the Korean independence (1945-1950), during the Korean War (1950-1953), and after the Korean War (1953-). The urban squatter was settled in the national land and the public land in each period and experienced the severe housing shortage. The government of the time could not protect the urban squatter from the special national states such as the Japanese rule and the Korean War.

• Korean Journal of Child Education & Care
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• v.17 no.1
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• pp.51-73
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• 2017

This study has analyzed the characteristics of the French method of childrearing which is drawing attention recently based on the psychoanalytic theory of François Dolto, the so-called French people's godmother, the child psychoanalyst. Dolto is a psychoanalyst who represents France and is the unique character who was loved by the public and established unique frame of child psychoanalytic analysis by combining psychoanalysis and pediatrics. She cherished communication through conversation with infants and toddlers and has perceived even the babies who can not speak yet as a lingual being who understands words. This study has selected domestically published books on French method of childrearing and documentary broadcasting program which dealt with childrearing, classified the common theme and deducted four core words, which are temperance, perseverance, waiting, autonomy and rule, authority and respect and independence and self-reliance. These core themes have been explained based on Dolto's theory of communication, infans, castration, subject and others and desire etc. Also, a new direction has been proposed for the child education in households and childrearing by Korean parents through French method of childrearing.

• The Journal of the Korea Contents Association
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• v.18 no.1
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• pp.395-402
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• 2018

This study aims to analyze the film "Never Let Me" by human value which is to be realized in the social structure suppressed by the power of life and the power of discipline in Foucault 's power theory. After 18century having changed monarch power holding the power of life-and-death that enforced corporal punishment, bio-power that corrected body and granted ability suitable discipline to people makes people worked like machine. In control of the bio-power, human achieved safe desire that cure disease and prolong life-span and worked as producer goods. School controls body and make people internalized rule using discipline for working bio-power efficiently. There is differentiation between this movie and the other about human clone. The clones adapt role as organ donator without resistance and there is no conflict between original and copy. Instead of preexistence novel and movie that is set in future, it is a form of past retrospect from the 1970s to 1990s. having emotions, They find independence ego and realize value of life in finite living by depending relation or undergoing loss.

• Proceeding of Spring/Autumn Annual Conference of KHA
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• 2002.11a
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• pp.137-142
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• 2002

The purpose of this study was to examine the features that make residents feel “at home” in ALFs in Southwest Virginia and to suggest further policy and design guidelines for better Quality of ALFs as a “home.” For this purpose, residents' needs, experiences, and opinions of the physical environment, the social environment, and the organizational environments such as policies and programs of ALFs were identified. As a multi-case study, five ALFs in Southwest Virginia were studied using constant comparative methos of data analysis. In addition to face-to-face interviews with 25 residents and five administrators of five ALFs, observations were conducted with personal journal. Overall, the five sites selected presented homelike features showing the philosophy of assisted living which combines housing and services. Each facility was designed to be a single-family house or multi-family dwelling in outside appearance. As a whole, residents felt isolation and loneliness and they did not have active interaction with other residents because of diverse background among the residents. However, all of them had close relationships with the staff. The staff's attitude and behavior seemed to influence greatly the residents' feeling “at home.” Despite the provision of diverse activities by the facilities, many residents did not participate in the programs. Most of the residents agreed that the rule and regulations were fair. In spite of high satisfaction with the facility, many people did not think of their current dwelling as a real ‘home.’ As the biggest difference between living in their own homes and living in the ALF, people pointed out a lack of independence, freedom, and autonomy. Residents of ALFs may have reordered their priorities in their current life situation so that safety, security, and care were more important to them than feeling “at home.” Among the three factors --physical, social, and organizational-- that affect the residents' perception of ALFs as a “home, ” many emphasized the importance of social factors such as relationships with the staff and residents, and social support from their family or friends.

• Journal of Korea Trade
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• v.24 no.7
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• pp.73-92
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• 2020

Purpose - The letter of credit has been playing a major role to diminish overall risks which exist among concerned parties even though there are differences such as language, culture, law, and distance. This paper reviews essence of the letter of credit and its transaction principles, as well as overall practical questions based on the L/C transaction principle. It also investigates the risk of fraud occurrences in L/C transactions and the importance of fraud prevention and preventive measures in international L/C transactions, including the Fraud Rule, which is a major topic to consider in business transactions. Design/methodology - It is considered that an importing country's concerned parties and an exporting country's concerned parties face different situations. This study employs the existing framework to identify liability, responsibility, and obligation for all concerned parties across countries. Using a quite direct measurement of principles in the letter of credit, such as principle of independence, principle of abstraction, and principle of strictness and coincidence, we studied these differences. Findings - Our main findings can be summarized as follow. The paper enhances the efficiency of the L/C payment method to provide fraud generated from L/C transactions, presentation of a theoretical framework about fraud and fraud prevention, which international trading companies should acknowledge in a material way based on fraud risk resulting from taking advantage of L/C transaction principles. Originality/value - Existing studies focus on fraud accidents in L/C transactions by taking bad advantage of the characteristics of the letter of credit without suggesting risks of fraud. This paper attempts to evaluate and provide preventive measures as a solution for fraud and risky international business in a letter of credit transaction. This area of trade studies is underexplored, both empirically and theoretically, although the issue has long been important to Korean and world community foreign trade.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.17 no.4
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• pp.1123-1146
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• 2023

In South Korea, there have been many studies on efficient building-energy management using renewable energy facilities in single zero-energy houses or buildings. However, such management was limited due to spatial and economic problems. To realize a smart zero-energy city, studying efficient energy integration for the entire city, not just for a single house or building, is necessary. Therefore, this study was conducted in the eco-friendly energy town of Chungbuk Innovation City. Chungbuk successfully realized energy independence by converging new and renewable energy facilities for the first time in South Korea. This study analyzes energy data collected from public buildings in that town every minute for a year. We propose a smart city building-energy management model based on the results that combine various renewable energy sources with grid power. Supervised learning can determine when it is best to sell surplus electricity, or unsupervised learning can be used if there is a particular pattern or rule for energy use. However, it is more appropriate to use reinforcement learning to maximize rewards in an environment with numerous variables that change every moment. Therefore, we propose a power distribution algorithm based on reinforcement learning that considers the sales of Energy Storage System power from surplus renewable energy. Finally, we confirm through economic analysis that a 10% saving is possible from this efficiency.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.261-301
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• 2016

Recently the abusive calls on on-demand bonds have been a critical issue among many engineering and construction companies in Korea. On-demand bond is referred to as an independent guarantee in the sense that the guarantee is independent from its underlying contract although it was issued based on such underlying contract. For this reason, the issuing bank is not required to and/or entitled to look into whether there really is a breach of underlying contract in relation to the call on demand-bonds. Due to this kind of principle of independence, the applicant has to run the risk of the on demand bond being called by the beneficiary without due grounds. Only where the call proves to be fraudulent or abusive in a very clear way, the issuing bank would not be obligated to pay the bond proceeds for the call on on-demand bonds. In order to prevent the issuing bank from paying the proceeds under the on-demand bond, the applicant usually files with its competent court an application for injunction prohibiting the beneficiary from calling against the issuing bank. However, it is in practice difficult for the applicant to prove the beneficiary's call on the bond to be fraudulent since the courts in almost all the jurisdictions of advanced countries require very strict and objective evidences such as the documents which were signed by the owner (beneficiary) or any other third party like the engineer. There is another way of preventing the beneficiary from calling on the bond, which is often utilized especially in the United Kingdom or Western European countries such as Germany. Based upon the underlying contract, the contractor which is at the same time the applicant of on-demand bond requests the court to order the owner (the beneficiary) not to call on the bond. In this case, there apparently seems to be no reason why the court should apply the strict fraud rule to determine whether to grant an injunction in that the underlying legal relationship was created based on a construction contract rather than a bond. However, in most jurisdictions except for United Kingdom and Singapore, the court also applies the strict fraud rule on the ground that the parties promised to make the on-demand bond issued under the construction contract. This kind of injunction is highly unlikely to be utilized on the international level because it is very difficult in normal situations to establish the international jurisdiction towards the beneficiary which will be usually located outside the jurisdiction of the relevant court. This kind of injunction ordering the owner not to call on the bond can be rendered by the arbitrator as well even though the arbitrator has no coercive power for the owner to follow it. Normally there would be no arbitral tribunal existing at the time of the bond being called. In this case, the emergency arbitrator which most of the international arbitration rules such as ICC, LCIA and SIAC, etc. adopt can be utilized. Finally, the contractor can block the issuing bank from paying the bond proceeds by way of a provisional attachment in case where it also has rights to claim some unpaid interim payments or damages. This is the preservative measure under civil law system, which the lawyers from common law system are not familiar with. As explained in this article, it is very difficult to block the issuing bank from paying in response to the bond call by the beneficiary even if the call has no valid ground under the underlying construction contract. Therefore, it is necessary for the applicants who are normally engineering and construction companies to be prudent to make on-demand bonds issued. They need to take into account the creditability of the project owner as well as trustworthiness of the judiciary system of the country where the owner is domiciled.

• Journal of Legislation Research
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• no.53
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• pp.61-107
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• 2017

It has been seventy-two years since the Korean Peninsular was divided into South and North Korea. When Korea was liberated from Japanese colonial rule in August 1945, the South and North established a capitalist system and a socialist system (communism) respectively, intensifying the ideological conflict and confrontation. The division of Korea was not confined to political and economical aspects, but extended to legal system, making it difficult to find legislative homogeneity in the two. The long-term situation of the divided nation results in a social phenomenon accompanied by legal division. For instance, shortly after its liberation from Japan's colonial rule, North Korea responded quickly to secure legal stability to govern the northern part while the Soviet army troops were stationed in it. Based on Marx and Engels' historical materialism, the North drove a change in its ideological superstructure by repealing the privatization of land property which was the means of production and finally enforced land nationalization, in common with other socialist states including the former Soviet Union. The North's land reform made under the guise of fulfilling national independence and doing away with anti-seigneurial and anti-feudalistic relations, has led to a wide difference in the systems between the South and Korea. This paper focuses on the legal systems of South and North Korea and is aimed at exploring the legal characteristics and environment of the North which became secluded from the world while engaging in socialist experiments for the past seventy two years against capitalism. Ongoing studies of legal system integration will be briefly discussed. The legal status of South and North Korea as a political entity will be investigated to overcome legal system division; and the characteristics of South-North relationship in legal terms and the limitations of the North's legal system will be also examined. Moreover, the directions for integrating legal systems and the plan for resolving legal system division will be suggested.