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The Efficacy of Straight Bill of Lading as Collateral (기명식 선하증권의 담보 효력)

  • Park, Sae-Woon;Han, Ki-Moon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.53
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    • pp.181-206
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    • 2012
  • The straight bill of lading is regarded as the documents of title except in American law after The Rafaela S case. The Carewins case also decided that the exclusion clause of bill of lading did not exempt carriers from liability when the carriers delivered the cargo to the consignee without the production of original bill of lading. And the court said that the carrier was responsible for delivering the goods against a forged bill of lading regardless of exemption clause of bill of lading in the Motis case. It may be assumed through these cases that the straight bill of lading as a document of title gives documentary security to the banks in trade finance. However, there can be some downside to the efficacy of the straight bill of lading as collateral. First, when it is subject to the English law, the shipper can arbitrarily change the consignee different from the one named in the document. Second, some bills of lading bear provisions relating to the carrier delivering the goods upon reasonable proof of identity without the surrender of an original and/or genuine bill of lading.

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A Research on the Interactions in Practice of the Nurses’ College Students in the Nursing College (일 대학 간호대학생의 병실에서의 상호작용)

  • Kim, Jin-Hyang;Moon, Sun-Young;Lee, Jung-Eun;Im, Mi-Lim
    • The Journal of Korean Academic Society of Nursing Education
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    • v.7 no.2
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    • pp.207-216
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    • 2001
  • To understand the types of interactions between the nurses' college students and patients, this research used Spradley's Cultural Description Method to carry out his eleven- stage research conduct process : participatory observation, cultural description recording, descriptive observation, category analysis, focus observation, classification analysis, selective observation, components analysis, cultural themes, cultural discovery, and cultural description writing. The research participants were 7 nurses' college students practising at the hospital affiliated to E university, and data were collected from May 2000 through primary and secondary in-depth interviews and observations. The cultural characteristics of the subjects extracted from these results were as follows : 1. The students learned through contacts with patients. 2. The students experienced "Sharing" through interactions with patients. 3. The students showed evasive behaviors in difficult situations. 4. The students paltered when faced with difficult situations. 5. The students did not surrender to the refusals of patients. 6. The students identified their studentship. 7. The students regarded human interaction as 'contact'.

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Nuclear Weapons Deployment and Diplomatic Bargaining Leverage: The Case of the January 2018 Hawaiian Ballistic Missile Attack False Alarm

  • Benedict E. DeDominicis
    • International Journal of Advanced Culture Technology
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    • v.11 no.1
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    • pp.110-134
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    • 2023
  • North Korea's development and deployment of nuclear weapons increases Pyongyang's diplomatic bargaining leverage. It is a strategic response to counteract the great expansion in US leverage with the collapse of the USSR. Post-Cold War American influence and hegemony is justified partly by claiming victory in successfully containing an allegedly imperialist Soviet Union. The US created and led formal and informal international institutions as part of its decades-long containment grand strategy against the USSR. The US now exploits these institutions to expedite US unilateral global preeminence. Third World regimes perceived as remnants of the Cold War era that resist accommodating to American demands are stereotyped as rogue states. Rogue regimes are criminal offenders who should be brought to justice, i.e. regime change is required. The initiation of summit diplomacy between US President Trump and North Korean leader Kim Jong-un occurred following the January 2018 Hawaiian ballistic missile false alarm. This event and its political consequences illustrate the efficacy of nuclear weapons as bargaining leverage for so-called rogue actors. North Korea is highly unlikely to surrender those weapons that were the instigation for the subsequent summit diplomacy that occurred. A broader, critical trend-focused strategic analysis is necessary to adopt a longer-term view of the on-going Korean nuclear crisis. The aim would be to conceptualize long-term policies that increase the probability that nuclear weapons capability becomes a largely irrelevant issue in interaction between Pyongyang, Seoul, Beijing and Washington.

A Study on the Methods of Delivery for Containers Goods not Changed with Bill of Lading (원본 선하증권과 상환하지 않는 컨테이너화물의 인도방식에 관한 연구)

  • BAE, Hee-Sung;HYUN, Dong-Che;SEO, Min-Kyo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.71
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    • pp.127-146
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    • 2016
  • There are two aims of this research: one is to verify the role of bill of lading and the method of delivery for container goods and the other is to suggest alternative methods for the crisis of bill of lading; that is, goods are arrived in ports but bill of lading is not arrived. The results of the analyses are as follows. First, delivery of container goods should be performed to exchange with bill of lading. Carriers should deliver goods to consignees to exchange with one among the number of issued bill of lading. In addition, when goods are delivered to consignees by the bill of lading, the other bill of lading is invalid. Second, there are several methods of delivery which are not exchanged with bill of lading such as letter of guarantee, surrender bill of lading, sea waybill, non-negotiable straight bill of lading and consignment of bill of lading to a captain. Delivery of container goods should be performed by exchanging bill of lading. In addition, there are two delivery methods by letter of guarantee: one is illegal and the other is legal. If there is damage for a bonafide-fide holder of bill of lading, carriers should make compensation for the damage. These methods consist of the delivery of goods which is not exchanged with bill of lading and there are two advantages of the methods; one is that consignees enjoy saving bonded warehouse fee and quick disposal after arriving goods and the other is that carriers immediately use vessels after unloading containers. However, the methods are based on utmost good faith between a seller and a buyer.

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The 'Nurses Ordinance' of Korea under Japanese Rule (일제강점기 ‘간호부규칙(看護婦規則)’에 관한 연구)

  • Yi, Kod-Me;Kim, Hwa-Joong
    • Research in Community and Public Health Nursing
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    • v.9 no.2
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    • pp.291-302
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    • 1998
  • The Japanese colonial authorities promulgated the 'Nurses Ordinance(Kanhoboo Kyuchick), in 1914. It was the first act that regulated nurses' licensure in Korea. The gendarme did the administrational work of the ordinance. After the Nurses Ordinance of 1914, nurses without licenses could no longer work with the name of nurse, and Korean nursing gained a more professional status. After the March 1st Movement of 1919, Japan realized that its iron rule had to be more sophisticated. The gendarme gave way to an ordinary constabulary force. The Nurses Ordinance was amended to set the nurses quality as good as that of Japanese nurses, and the nurses licensure of Korea could also be used in Japan. In 1931 the Japanese war against China began, and the Japanese imposed military rule once again. The Nurses Ordinance was amended to 'The Korea Nurses Ordinance'. After the outbreak of the Sino-Japanese War(1937) and of World War II in the Pacific(1941), the Japanese desperately needed additional manpower to re plenish the dwindling ranks of their military and labour forces. To produce more nurses, the colonial authorities amended the 'Korea Nurses Ordinance' and lowered the age and educational status of nurses to produce more numbers. Until the Japanese surrender in August 1945, Korea was under Japanese rule. Koreans had no say in the passing of these acts, and the colonial authority could make and pass any act at will.

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Changes in Rheological Properties of Neungee(Sarcodon aspratus) during Dehydration (능이버섯의 건조과정 중 물성의 변화)

  • 우관식;정헌상;이희봉;최원석;이준수
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.33 no.7
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    • pp.1230-1236
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    • 2004
  • This study was conducted to investigate the changes in physical properties of the Neungee (Sarcodon aspratus) during dehydration and rehydration. The drying of the sample was completed within 4 hours at 5$0^{\circ}C$ with the air velocity of 1.5 m/s. The reduction in the thickness of the sample were two-fold compared with those in the surface area of the sample. During the drying period, the values of compression distance, break down, deformation rate, distortion, alleviation rate and softness decreased, whereas the values of hardness and alleviation time increased. However, the values of surrender were not changed. The color of the sample during the drying was changed to black with decreased L, a, and b values. The rehydration rate increased rapidly during first 60 min and remained constant after that. The recovery ratio after rehydration of the dried sample was about 30% and the rheological properties recovered about 44%.

The Characteristics of Croatia Folk Costumes by Regional Groups (크로아티아 민속복식의 지역적 특성)

  • Cho, Woo-Hyun;Lee, Ho-Jung
    • Journal of the Korea Fashion and Costume Design Association
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    • v.8 no.3
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    • pp.59-71
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    • 2006
  • This study contemplates Croatian traditional costumes with focus on its geographical characteristics and acculturation with neighbor countries as a member of old Yugoslavian Union. Therefore, it contains the information from field works based on Croatian language, native costumes and folk materials wildly. Men usually wear wide linen pants ($ga\'{c}$), shirt ($ko\v{s}ulje,\;rnbina)$, vest (lajbek), hat and jacket ($kro\v{z}et$). Also they sometimes wear scarves or aprons. Women put on blouse, long skirt, apron, headgear with various decoration and scarf ($pe\v{c}a$), shawl (tibetui robe) or necklace together. Croatian folk dresses fall into three different styles by provinces, such as Pannonia, Dinar and Adria, according to the basic environmental and racial characteristics of each province. People of Pannonia plain generally wear white linen clothing and often use flounce and lace, which are influenced by Serbia and Hungary. In the Dinar mountain province, aprons with tassel, knitted vests made of leather and fur are very popular. The clothing of Dinar province has much commonness with those of Bosnia - Herzegovina and Montenegro which have metal buttons and belts. And the clothing of Adria coast is influenced by Italy a lot. There are many splendid silk clothes in its folk dress code. As mentioned above, there are a lot of foreign influences in Croatian history. Although there were severe cultural invasions in many times through its history, Croatians didn't just surrender to these cultural influences. People in Croatia comply with these new coming culture and reconcile these into their own tradition and dress code in their own way.

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A Study on Improving the Legal System for the Expedited Preservation of Digital Evidence (디지털 증거의 긴급한 보전을 위한 법제 개선 연구)

  • Ro, Sohyong;Ji, Sungwoo
    • Journal of Information Technology Services
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    • v.19 no.3
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    • pp.57-73
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    • 2020
  • The proportion of digital evidence in criminal cases has increased, while at the same time, the spread of the Internet has made it easy to delete information that is stored in another place and thus, the Internet is being used to delete online criminal evidence. To respond quickly and effectively to cybercrime, 29 countries signed the Convention on Cybercrime in 2001 through the Council of Europe. Article 16 of the Convention relates to the expedited preservation of stored computer data and requires signatories to adopt legislative measures to enable its competent authorities to order expeditious preservation of specified computer data where there are grounds to believe that the data is particularly vulnerable to loss or modification. More than 60 countries have joined the Convention since 2001 and have made efforts to improve their legal system in line with it. The United States legislated 18 U.S.C. § 2703(f) to preserve electronic evidence pending the issuance of a court order. The German Code of Criminal Procedure §§ 94~95 allows prosecution authorities to seize evidence or issue production orders without court control in urgent circumstances. A custodian shall be obliged to surrender evidence upon a request that evidence be preserved, and non-compliance results in punishment. Japan legislated the Criminal Procedure Act § 197(3) and (4) to establish a legal base for requesting that electronic records that are stored by an ISP not be deleted. The Korean Criminal Procedure Act § 184 outlines procedures for the preservation of evidence but does not adequately address the expeditious preservation of digital evidence that may be vulnerable to deletion. This paper analyzes nine considerations, including request subjects, requirements, and cost reimbursement to establish directions to improve the legal system for the expedited preservation of digital evidence. A new method to preserve online digital evidence in urgent cases is necessary.

The Accidental Denial of a Hegemonic Power's Role - The Reluctance of the U.S's Role as a World Leader and China's Target of a Niche Market - (우연한 패권거부 - 미국의 세계리더십 거부와 중국의 틈새공략 -)

  • Ban, Kiljoo
    • Strategy21
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    • s.42
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    • pp.224-257
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    • 2017
  • As the Trump administration withdraws the Paris Climate Agreement and shows its antipathy toward free trade, the U.S.'s soft power is most likely to weaken and its behaviors could be perceived as acts to surrender the U.S. hegemonic leadership in the world stage. Hegemonic stability theory notes that the existence of a hegemonic power contributes to international stability in the sense that it provides international public goods. A lack of the U.S's leadership in international politics, however, could be recognized as its denial of a hegemonic status. Is it intentional or accidental? The U.S's denial of hegemonic roles is the byproduct of the Trump administration's "American First" policy, not the showcase of its intention to transit hegemony to others. What is noteworthy is that China targets a niche market of hegemony as the U.S. denies its roles as the international leader. Put it another way, China attempts to ride hegemony for free when the U.S. denies its hegemonic roles accidentally. Faced with a niche market of hegemony, China has begun to accelerate its national strategy to make "Chinese Dream" come true. To that end, China promised again to keep the Paris Climate Agreement and attempts to play more active its roles in Shanghai Cooperation Organization(SCO), Asia Infra Investment Bank(AIIB), and "One Belt, One Road". Despite all these efforts, the U.S. is most likely to withdraw its denial of hegemony any time soon. The U.S's resumption of Freedom of Navigation Operations(FONOPs) could be a precursor of the return to a hegemonic power's willingness. In this vein, it is noteworthy that the South China Sea serves as a quasi-war zone for hegemonic conflict.

A Scientific Consideration of Military Thought (군사사상의 학문적 고찰)

  • Jin, Seok-Yong
    • Journal of National Security and Military Science
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    • s.7
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    • pp.1-24
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    • 2009
  • This article deals with military thought in general. First I tried to distinguish 'thought' from 'theory', 'philosophy', and 'principle'. Thought means the act of thinking about or considering something, an idea or opinion, or a set of ideas about a particular subject, e.g. military affairs in the present discussion. Theory means a formal statement of the rules on which a subject of study is based or of ideas which are suggested to explain a fact or event or, more generally, an opinion or explanation. Philosophy means the use of reason in understanding such things as the nature of reality and existence, the use and limits of knowledge. Principle means a basic idea or rule that explains or controls how something happens or works. Chapter 3 summarized the characteristics of military thoughts into five points', (i) it is closely related with concrete experiences of a nation; (ii) it includes philosophical and logical arguments; (iii) it relies heavily on the political thought of a nation; (iv) it includes necessarily value-judgments; (v) it contains visions of a nation which are not only descriptions or explanations of military affairs, but also evaluations and advocacies. Chapter 4 considers the relation of international political thoughts to military thought. Throughout the history of the modem states system there have been three competing traditions of thought: the Hobbesian or realist tradition, which views international politics as a state of war; the Kantian or universalist tradition, which sees at work in international politics a potential community of mankind; and the Grotian or internationalist tradition, which views international politics as taking place within an international society. Chapter 5 considers the law of war, which is a body of law concerning acceptable justifications to engage in war (jus ad bellum) and the limits to acceptable wartime conduct (jus in bello). Among other issues, modem laws of war address declarations of war, acceptance of surrender and the treatment of prisoners of war, military necessity along with distinction and proportionality, and the prohibition of certain weapons that may cause unnecessary suffering.

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