• Journal of Korean Port Research
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• v.7 no.1
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• pp.43-58
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• 1993

There has been fast progress in economy in Korea derived by a consecutive five-year plan program for economic development started in the early 1960's. In the field of transportation, rapid changes in the technological environment of transportation and communication have brought a revolution of the transport system, of which inter-modal transportation through containerisation is typical. Because of the rapidly growing traffic volumes of cargo, especially container traffic, and lack of investment into transport infrastructure in the past, both road and railway are beyond their capacity. As a result, the public-road network has suffered a serious congestion problem. For instance, in relation to the corridor between Seoul and Pusan, today, it takes about 14 hours for the journey of container trailer through Kyongbu Expressway, for which it used to take only 7 hours in 1986. For the railway, though the congestion problem is not very serious compared with the road sector, a shortage of capacity on certain main lines has emerged as a problem as railway traffic has increased. Furthermore, the further expansion of the system in near future is difficult due to burden of higher construction the cost. Unlike these two modes, coastal shipping, which has been paid relatively less attention for commodity transport in Korea, shows no constraint in this respect. In addition, it is the most cost efficient mode of transport. This work therefore aims to make a proposal for the alternative inland transportation mode, which is to promote the coastal transport of container. Three obstructing factors for the promotion of the coastal transport are investigated and some solutions for those are suggested as follows : First, it appears to be essential to provide exclusive ports for the coastal shipping, that comply with simplification, specialization and rationalization. The optimum size of berths on the exclusive ports in Pusan port is estimated as 16-20. We found that it needs periodical study and publicity on the advantages from the adoption of the coastal mode. Inducing competition in the coastal shipping market is also necessary. For the supply of the fleet in the coastal shipping, chartering of the surplus ships in the oversea shipping is found to be more desirable than new shipbuilding. Second, to solve the fragmentation of the companies which wish to participate in the coastal transport, government has to implement the subsidy policy. The encouragement of participation of the shipping lines engaging in Korea-Japan run and Korea-East South Asia run, into coastal shipping also needs to be considered cautiously. Third, simplification of the document for entry in ports is needed for rational coastal shipping management. We can use B/L (Bill of Lading) for coastal shipping as a prerequisite to get the indemnity by P & I Club. The reduction of the government controls on entering and leaving the ports also needs.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.221-237
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• 2016

This study aims to review the article 26 of UCP 600. The article 26 of UCP 600 deals with 'on deck cargo' and 'unknown wording' in L/C transaction. The article 26 of UCP 600 says that a transport document stating that the goods may be carried on deck is accept able. UCP 600 requires to reject transport documents which evidence that the goods are or will be loaded on deck. So the bank will not accept the B/L containing a clause stating the goods are or will be loaded on deck. But in practice a container cargo is carried on deck actually but we do not describe this fact on the Bill of Lading. The deck stowage is not allowed under the clean B/L. But in case of container cargo, the carrier has the right to carry the container on deck in practice. In spite of this practice the carrier can not describe this fact correctly like this : "The container cargo loaded on deck". If carrier describes on B/L like this, the bank rejects the B/L in L/C transaction. So the carrier describes as "the goods may be carried on deck" on the back of the B/L. But they loaded the container on deck actually. This article suggests some ideas on this matter. In addition, the article 26 of UCP 600 says that a transport document bearing a clause such as "shipper's load count" or "said by shipper to contain" is acceptable. This means that a carrier has no responsibility on the contents of containers. In case of FCL Cargo, it is impossible for a carrier to check the details of container cargo. Therefore it is inevitable to insert the expressions such as "SLC(shipper's load and count)" or "STC(said to contain)". The wording described on the face of B/L should be interpreted as intended and consistently. The intention of the carrier is not the actual quantity or weight. So unknown wording does not represent the actual quantity or weight. But some cases show that the carriers are indemnified by such insertion but others reject the effectiveness of such insertion. So this study emphasizes that unknown wording can not fully indemnify the carriers and that the insertion of such expressions shall be minimized.

• Korea Trade Review
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• v.41 no.2
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• pp.231-250
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• 2016

The study attempts to consider L/G(Letter of Guarantee) in a different angle, which is internationally used as a way of commercial customs and practices in a case when the consignee wants to receive the goods without the original Bill of Lading, Thus, this study focuses more on verifying the usage of L/G in Mixed Payment System and the range of guarantee responsibility by an issuing bank through case analysis. This case uses a mixed payment method of L/C(Letter of Credit) and T/T(Telegraphic Transfer) in the transaction of goods. The issuing bank of L/C issues L/G with the amount of L/C which is the same as the amount as C/I(Commercial Invoice). However the carrier deliver all goods laden under both L/C and T/T payment with the production of L/G. In this case, because the buyer is unable to pay, the seller makes a claim for damages to the carrier that the carrier delivers the goods to the buyer against L/G. Finally, the judge gives a decision that the issuing bank of L/G should pay the whole amount of the goods. In this case, the main issue of the dispute is the range of guarantee responsibility by the issuing bank of L/G. As a result of the case analysis, the study suggests two counter strategies for smooth utilization in international trade environment. First, in the case of mixed payment system, a seller should issue a commercial invoice separately based on the amount of each settlement plan in order to clarify the liability of guarantee. Second, banks should establish a new form for L/G including a sentence for verifying liabilities of the bank's side in the current form of L/G.

• Journal of the Korean Society of Fisheries and Ocean Technology
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• v.44 no.3
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• pp.174-183
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• 2008

In order to develop the substitutive materials for natural baits of swimming crab pots, the fluorescent characteristics of the baits were analyzed, and the preference of fluorescent dyes were investigated by the mean entrapped catch number to the pots through the water tank experiments and fishing experiments. On the investigation of fluorescent characteristics by the 5 kinds of baits, mackerel, krill, manila clam, pig's fat and chicken's head which were used in substitutive baits for test in the UV long wave(365nm) area, it showed clear blue fluorescence in the skin of mackerel, shell of krill, manila clam and bill of chicken's head, and green fluorescence in the mackerel s muscle and internals, and yellow fluorescence in the pig's fat and chicken's head. On the investigation of fluorescent characteristics by the bait cages in the UV short wave(254nm) and long wave(365nm) area, it showed each green, red and blue fluorescence in the cylinderical or hexahedral red plastic bait cages which were painted each green, red and blue fluorescence dyes, but it showed yellowish green flourescence in the cylinderical or hexahedral red plastic bait cage which was painted yellow fluorescent dye. On the preference investigation of the fluorescent dyes of swimming crabs by the 5 kinds of the bait cages which were put the mackerel in the non-fluorescent red plastic cage($RF_N$), red, yellow, green and blue fluorescent plastic cages(RF, YF, GF, BF) each, nonfluorescent red plastic cage($RF_N$) was entrapped mean 2.0(6.7%), but blue fluorescent plastic cage(BF) was mean 5.0(16.7%) and it was more 2.5 times comparing to $RF_N$, and red fluorescent cage(RF) was same level and green fluorescent cage(GF) was 50% of catch number comparing to $RF_N$, and yellow fluorescent cage(YF) was entrapped nothing(F 46.324, P < 0.05). On the investigation of the entrapped catch number to the pots which were put the mackerel in the blue fluorescent hexahedral plastic cage(HP) and blue fluorescent silicon mackerel model cage(SM), HP was mean 3.4(11.3%) and it was a little more comparing to SM which was entrapped mean 3.2(10.7%)(t 0.775, P > 0.05). Fishing experiments on the preference investigation of swimming crabs by the pots which were put in the non-fluorescent red plastic cage($RF_N$) and blue fluorescent plastic cage(BF) were conducted 3 times. Mean catching number and weight of $RF_N$ were 71.7 ind.(18.3%) and 16.9kg(64.3%), and those of BF were 93.0 ind.(23.1%) and 19.8kg(64.5%), respectively.

• Korean Journal of Environment and Ecology
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• v.21 no.1
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• pp.93-100
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• 2007

This study was based on the breeding process of the Pacific Reef Herons (Egretta sacra) bred in Aewol-eup, Jeju Island, for two years from February 2004 to June 2005. The clutch size of the pacific reef herons was $3.24{\pm}0.75$(N=17, range: $2{\sim}4$), and the egg-laying was at dawn or night intervals of one to three days. The major diameter of the egg(N=39) was $46.73{\pm}1.91mm$, the minor diameter thereof $34.06{\pm}0.83mm$, the weight thereof $27.67{\pm}3.12g$, and the thickness of the egg shell thereof $0.26{\pm}0.03mm$. In relation to the breeding cycles of the Pacific Reef Herons, the nesting or nest repairing was made from February to the end of April each year, the egg laying from the beginning of March to the beginning of May, the hatching from the beginning of April to the middle of May, and the nest departure from the middle of May to the end of July. The supplement brood was started immediately from May to June when the first brood had failed. The incubation period was $28.17{\pm}4.12(N=6)$ days, and hatched asynchronously. The fledgling period was $40.00{\pm}6.84(N=5)$ days, and bill, wing, tarsus and weight developments of early hatched nestlings were the fastest among the same brood. Compared with other egret species, the egg laying period of the Pacific Reef Heron was faster than that of the Black-crowned Night Heron, Little Egret and Great Egret, but later than that of Grey Heron, in Korea.

• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.81-111
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• 2018

Recently in Korea, public interest about patient safety has increased because patient safety incidents occurred continuously. In addition, as the way of coping with medical personnel and medical institutions after occurrence of patient safety incident became controversial, the necessity of introducing apology law and disclosure law was raised. We analyzed the contents of apology law and disclosure law in U.S.A and critically examined the legislative movements in Korea. First, the Apology law requires that a medical personnel provide apology, consolation, sympathy to the patient for discomfort, pain, damage or death, and that the expression of apology shall be inadmissible as evidence of an admission of liability in civil action or administrative proceeding. The Apology law is divided into 'full apology law' and 'partial apology law' depending on whether mistake, error, fault, liability, and legal liability shall be inadmissible. Meanwhile, Disclosure law enforces or voluntarily enforces the law to communicate with the patient regarding the disclosure of the incident, the cause of incident, the compensation plan, and the measures to prevent the recurrence in the adverse incident that serious harm to the patient. In Korea, the concern about patient safety incidents has been amplified, and as the importance of communication between the medical personnel and patient has been recognized, the revision bill for the "Patient Safety Act", which adopted the U.S.A apology or disclosure law, was submitted to the National Assembly. The purpose of this study was to critically review the contents of the revised legislation based on the analysis of the apology law and disclosure law in U.S.A. and to provide implications for future legislative direction.

• The Journal of the Korea Contents Association
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• v.11 no.12
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• pp.734-741
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• 2011

The beginning that the 'Obstruction of Justice' in the United States is commonly known to Korea is through the impeachment of former president W. J. Clinton in 1998. The 'Obstruction of Justice' in the federal law of the United States is comprehensively provided with a general and a particular rule laying emphasis on the obstruction of legal judiciary proceedings. But, according to the Korean Criminal Act and court decisions, there are no such system like the 'Obstruction of Justice' in the United States. In this result, in terms of the criminal-judicial system, some cases even telling a lies has more benefits than revealing the truth and it is discouraged to cooperate the achievement of judicial justice, which make difficulties in investigation and realizing real truth. For this reason, the Ministry of Justice in Korea makes efforts to introduce the 'Obstruction of Justice'. Nevertheless we should examine from all angles that the introduction of 'Obstruction of Justice' is indeed the alternative in our circumstances. Most of the discussions on the introduction of 'Obstruction of Justice' and also the revised bill of the Ministry of Justice are questions of 'False Statement of Suspect and Witness' for investigation of investigative agency, rather than for the introduction of a general rule on the 'Obstruction of Justice'. The introduction of 'False Statement of Suspect and Witness' for investigation of investigative agency needs to consider concern about human rights infringement and witness protection system should be reinforced in the first place. In other words, the introduction of 'False Statement of Suspect and Witness' for investigation process of investigative agency is undesirable now.

• International Commerce and Information Review
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• v.19 no.2
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• pp.145-166
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• 2017

The FTA conventional tariffs shall be applied that the imported goods are subject to the conventional tariffs under any agreement, and the origin of the good is the contracting state in accordance with the criteria for determination origin under any agreement. An importer who intends to be eligible for the application of a conventional tariff shall file a request for the application of a conventional tariff with the head of the competent customs house before the relevant import declaration is accepted. The purpose of this study is to examine the legal standard and verification cases for the judgement of the tax tribunal of FTA conventional tariffs. Through this study, this paper is to provide several implications for companies seeking the benefits of FTA conventional tariffs. The Korean companies to do the following: confirm the effective requirements for direct transport of goods through non-parties under the Korea EU FTA, confirm the criterion for application of conventional tariffs such as certificate of origin and claims for ex post facto conventional tariffs under the Korea US FTA, confirm the issuer of origin declaration and the recognition of origin declaration of bill of lading under the Korea EU FTA, utilize the tax appeal system by denial of FTA conventional tariffs, and prepare the discrepancies in interpretation of legal standard under FTA and FTA Special Customs Act.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.11
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• pp.94-101
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• 2020

This study examined the effect of the sale price by excluding the PHC-pile cost from the construction costs for basic type (CCsBT) as an additional cost. The Ministry of Land, Infrastructure, and Transport excluded the PHC-pile cost in the CCsBT and new method so that only the designed pile quantity was recognized as an additional cost. The effect on the sale price was analyzed by comparing the pile cost of the existing and new methods. For this purpose, seven cases were selected, and the PHC-pile cost was estimated. The existing method was estimated as the ratio of the pile cost to CCsBT. The new method was estimated based on the bill of quantity. As a result, the CCsBT decreased by approximately 2-3% when the PHC-pile cost was calculated in the new method. Furthermore, as a result of comparing the sale price, excluding the PHC-pile cost with the sale price, the CCsBT decreased by approximately 1%. These results are expected to help improve the understanding of the CCsBT. Also, this paper contributes to promoting national housing stability through institutional improvement.

• Korean Security Journal
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• no.49
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• pp.39-63
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• 2016

After its decision of 'constitutional nonconformity' about a night assembly on September 24th, 2009, then the Korean Constitutional Court decided the 'limited violation of constitution' saying, 'Even a night demonstration should be allowed to be held up to the midnight' on March 27th, 20104. Since such a decision, the revision of Assembly and Demonstration Act has not been done, and the revised act is currently pending on the National Assembly on October, 2016. Amid the controversy about the 'Legislative Deficiency', some articles of the Assembly and Demonstration Act are revised and created like the imposition of the fine about a ghost assembly and the notice duty of fact to hold an assembly, the police superintendent's recommendation about the assembly place and partitioned assembly holding by time in order to protect the people's basic rights and convenience. However, this revised bill of Assembly & Demonstration Act limits the duty of assembly withdrawal report only to overlapping assemblies and a police superintendent can only recommend about the partition of assembly place and time, but has not a certain authority to forcibly enforce, so it is expected that the recommendation will be eventually ended to a formal procedure. And as this revised act has no punishment article concerning the violation of the notice duty within 1 hour before holding an assembly in this revised act, so there is a problem that the police can't force an assembly to follow the article. This study proposed some political suggestions concerning the articles to be supplemented and corrected in the Assembly & Demonstration Act after analyzing its articles around its 2016 revised Act. The Assembly & Demonstration Act has several problems to be continually corrected and supplemented further including the matter of 'Night Assembly & Demonstration' which is in the condition of 'Legislative Deficiency' since 2009.