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A Study on the Extension of the Extraterritorial Application of U.S. Antitrust Law and Our Corresponding Strategies (미국(美國) 반(反) 트러스트법(法)의 역외적용확대(域外適用擴大)와 그 대응방안(對應方案))

  • Bae, Jung-Han
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.555-586
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    • 1999
  • United States has extended the extraterritorial application of U.S. Antitrust Law in 1990s. First, The U.S. Federal Supreme Court declared in Hartford Fire Insurance Co. v. California that the extraterritorial application of U.S. Antitrust Law is according to Effect Doctrine. Therefore, U.S. Antirust Division and FTC will continue to base their assertions of juridiction on the test of direct, substantial and foreseeable effects on U.S. interests. Second, U.S. Antitrust Law apply to foreign conduct that such conduct has direct, substantial and reasonably foreseeable effect on U.S. domestic or import commerce and export commerce. Third, United States has extended the extraterritorial application of U.S. Antitrust Law on international licensing contract or international merger. Forth, United States impose criminal responsbility of U.S. Antitrust Law on the foreign anticompetitive conduct. Therefore, our government and industries must consider the corresponding stratigies against the extension of the extraterritorial application of U.S. Antitrust Law.

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From Law/Superego to Love: Law, Violence, and the Possibility of Love in Herman Melville's Billy Budd, Sailor (법/초자아에서 사랑으로 -허먼 멜빌의 『빌리 버드』에 나타나는 법, 폭력, 그리고 사랑의 가능성)

  • Jeong, Jin Man
    • Journal of English Language & Literature
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    • v.57 no.5
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    • pp.787-812
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    • 2011
  • This essay aims to explore Herman Melville's recognition and resolution of the vicious link between law and violence in his posthumous Billy Budd, Sailor (1924). In order to investigate the issues, this essay refers to Freud, Benjamin, Derrida, Lacan, and Žižek, all perceptive to the uncanny affinity of law and violence. Especially, Žižek's arguments of "superego" as an embodiment of cruel and destructive violence supplementing the official law and of "love" as an ethical possibility beyond the limit of the problematic law are introduced in this study to make Melville's reflection of the inseparableness between law and violence much clearer. John Claggart and Captain Vere embody the legal (superegoic) violence. Claggart even procurs secret enjoyment, in the name of maintaining positive law. Billy Budd discloses another violence defending his justness according to natural law. However, Melville suggests the possibility of suspending the problematic tie of law/violence through "love," as portrayed at the last part of the story. The two final words from Billy and Vere, as a sort of delayed dialogue between them after the event of their secret interview before Billy's hanging, suggest that they finally distance from the obscene nightly law of superego-respectively from outward punitiveness toward Vere and from inward punishment for Vere's excessive enforcement of Billy's hanging-and identify each other's lack as their own. Their love implicated in the last words is for the real other-in Lacan's sense-who discloses the constitutive lack or incompleteness of beings and aporia of the law. This essay's examination of Melville's representations about the superegoic violence as the (im-)possible condition of law and the possibility of withdrawing from it would help us recognize Billy Budd, Sailor as the author's own last word for the possible vision of love cutting the vicious knot of law/violence.

A Study on EU Anti-dumping Law (EU 반덤핑법에 관한 소고)

  • Kim, Do-Hyoung
    • Management & Information Systems Review
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    • v.21
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    • pp.77-98
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    • 2007
  • This thesis is related with Anti-dumping law about Korea's export in EU. Indeed, Korea' export to EU market is how related to EU's Anti-dumping law this study was intended to reveal from a legal point of view. For this purpose from EU's Anti-dumping law's institution at present to application historical channel was examined and is showed Anti-dumping law's application procedure briefly. Throughout this study what we could get are EU's Anti-dumping law based on a statute, EU's Anti-dumping law's institution background and the law's application procedure & effects.

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The Effect of Relationship Variables between Mother-in-Law and Son-in-Law on Son-in-Law's Relation-Satisfaction and Negative Perception (장모-사위 간 관계 변인이 사위의 관계 만족도 및 부정적 지각에 미치는 영향)

  • Jeon, Se-Song;Kim, Sue-Kyung;Jeon, Gwee-Yeon
    • Journal of the Korean Home Economics Association
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    • v.49 no.7
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    • pp.123-133
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    • 2011
  • The purpose of this study was to investigate the effect of relationship variables between mother-in-law and son-inlaw on a son-in-law's relation-satisfaction and negative perception. The son-in-law subjects were 319 married men aged 20-70 years, who were living their mother-in-laws in Daegu, Kyungpook, the Seoul National Capital Area(Seoul, Kyeonggy, Incheon), Busan or Kyungnam. The major findings of this study are as follows: (1) there was a significant difference in a son-in-law's relation-satisfaction of his relationship with his mother-in-law according to the number of children and (2) mutual support and a mother-in-law's conflicting attitude toward her son-in-law affected the son-in-law's relation-satisfaction and negative perception of his relationship with his mother-in-law.

The Effects of Acceptance-Rejection of Parents in Law on Psychological Well-being of Husbands and Wives: Using APIM (부모의 수용-거부가 부부의 심리적 복지에 미치는 영향: 자기-상대방 효과 모델(APIM)의 적용)

  • Lee, Ju-Lie
    • Journal of Families and Better Life
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    • v.30 no.4
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    • pp.1-11
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    • 2012
  • This study examined that the effects of fathers-in-law's and mothers-in law's acceptance-rejection on husbands' and wives' psychological well-being using APIM. Participants were 265 couples living Seoul KyungKi-do and JeJu Island, and their mean age was 39.16 (husbands, SD=7.39) and 36.45 (wives, SD=7.36), respectively. The results of APIM showed that, in father-in law model, actor effects of husbands (the influence of fathers in law acceptance-rejection for husbands on husbands' psychological well-being) were more significant than actor effects of wives (the influence of fathers-in-law's acceptance-rejection for wives on wives' psychological well-being), while partner effects of wives (the influence of fathers in law acceptance-rejection for wives on husbands' psychological well-being) more significant than partner effects of husbands (the influence of fathers' in law's acceptance-rejection for husbands on wives' psychological well-being). In mother-in law model, there were no significant differences both between actor effects of wives and actor effects of husbands, and between partner effects of wives and partner effects of husbands.

Establishing a Unified System of China's Aviation Law -Theoretical Analysis and Legislative Proposals

  • Xuan, Zengyi
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.181-202
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    • 2011
  • In the recent years, China's aviation industry has gained visible progress. Meanwhile, China's aviation law system has become more and more complete. However, in this system, many problems still exist, especially lacking a unified aviation law, which limits the development of China aviation industry, general aviation in particular, and hinders the economic growth. This article aims to raise the basic structure of China's unified aviation law system and proposals on the basis of analysis on the existing problems in our current aviation law system.

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"Þat louely foode": Relationships between Mothers-and Daughters-in-law in Floris and Blancheflour and the Constance Romances

  • Yoon, Ju Ok
    • Journal of English Language & Literature
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    • v.55 no.6
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    • pp.1103-1122
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    • 2009
  • In this essay, I compare the ways in which the mid-thirteenth century English romance, Floris and Blancheflour, represents relationships of the Spanish pagan queen to her adoptive Christian daughter who becomes her daughter-in-law, with the ways in which Chaucer's Man of Law's Tale and other so-called Constance romances delineate relationships between mothers-in-law and daughters-in-law. What draws me into these romances is the fact that they both convey the intergenerational relationships of women. However, the texts become distinct from each other in the way in which each depicts women characters and their relationships with one another. In this paper, I argue that the level of intimacy that the mother-in-law figure has with the daughter-in-law figure plays a defining role in making the former perform her agency for or against the latter. In the Man of Law's Tale and other Constance romances, the daughter-in-law figure is in every sense an alien or 'outsider' to the mother-in-law figure. To the contrary, Blancheflour in Floris is a sort of 'insider' to the queen because they lived in the same household for fourteen years-ever since the girl's birth. The queen, therefore, should have a high degree of intimacy with Blancheflour. I argue that the pagan queen's intimacy to the daughter of a Christian-European captive has enabled the queen to protect the girl as her adoptive daughter first and as a daughter-in-law second, namely contributing to her unreserved endorsement of the inter-racial-religious-class union between her only son, Floris, and Blancheflour. This is one major factor that distinguishes the relationship of the queen and Blancheflour in Floris from the dysfunctional relationships of mothers-in-law and daughters-in-law in the late medieval Constance romances, where women of different generations are strangers to each other, and no way is imagined for women of different races and religions to get along with each other.

A Comparative Study on the Buyer's Right to Withhold Performance for the Seller's Delivery of Defective Goods and Documents in International Sales within the CISG, English law and Korean law

  • Lee, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.17
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    • pp.251-293
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    • 2002
  • The study is a comparative and analytical study which comprises of the analysis of the rules of the buyer's right to withhold performance where the seller delivers defective goods or documents of three legal systems; the CISG, English law and Korean law. The purposes underlying this study are twofold. The first is to clarify the current position as to the right of withholding performance in the event of the seller's tender of defective goods or documents in Korean law, CISG and English law so that it may assist the parties in drafting the buyer's right to withhold performance in their own contract. The second is to compare the rules of one jurisdiction with those of other jurisdictions and to evaluate the rules in light of the practical functions and benefits of the right to withhold performance and the discipline of comparative law the basic question of which is whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. It shows that each jurisdiction does not have any provision or case law specifically dealing with the buyer's right to withhold performance where the seller delivers the goods which are defective in terms of quality or quantity. The absence of such provision or case in each jurisdiction has resulted in either disputes or uncertainty. However, the study executed in light of the primary functions and benefits of the right in practice and the discipline of comparative law reveals that, first, the view in English law which is against recognizing the right may not be justified when one considers the practical importance of having the right and the position taken by the CISG as a well developed and modernized law, second, the view in Korean law which argues that the principle of specific goods dogma on which it is based is extended even to substitutable or repairable goods cannot be also justified on the ground of one's ordinary expectation and the position under the CISG and English law which imposes a contractual duty to deliver non-defective goods on the seller insofar as the buyer's payment is deemed to be made in exchange for the seller's delivery of non-defective goods and they are substitutable or repairable. Regarding the right to withhold performance in the event of the seller's tender of defective documents, the study shows that the relatively detailed rules in English law may be utilized as a guideline to fill the gap in the CISG and Korean law in terms of the practicability and appropriateness to govern documentary sales. Furthermore, it is found that the position in English law which confers on the buyer the right to withhold performance for a trivial defect in documents may be unreasonable in terms of one's need to enable justice to be done in individual cases.

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A Study on the Reform of Korean S&T Related Law (과학기술관계법제의 정비방안 연구)

  • 송종국;오준근
    • Journal of Technology Innovation
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    • v.2 no.1
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    • pp.142-169
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    • 1994
  • Korean Government has established a lot of S&T laws to promote National Science and Technology since established the Ministry of S&T and the S&T Promotion Law in 1967. There are more than ninties of S&T related laws to support Government's S&T policies recently. Even though Korean Government has enacted plenty of S&T related laws are required to be reformed. In this paper, firstly, we define what is S&T related law and the relationship between S&T related law system. Secondly, we investigate the problems of S&T related law with respect to several aspects such as historical, executing, international environment, and systematic aspects. Finally, we suggest the directions of S&T law reform. We conclude that S&T laws need to be merged and abolished in some areas such as various council system and S&T incentive system especially related to UR restriction.

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