• The Korean Society of Law and Medicine
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• v.7 no.2
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• pp.113-136
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• 2006

In recent years, as well as the other countries, medical dispute cases increase continuously in China. one of the reason that medical cases increase rapidly like this is after reformation and opening people's sense of independence, law and right come to be high, but a theoretical study about medical malpractice liability is insufficient and there is deficiency at legislation from 1986 civil law general rule is carried out in Chinese. but it is difficulty to deal with those more and more complicated medical dispute only according to the law above. so in 2001 The Chinese Supreme Court established the judicial construction about civil litigation evidence which regulated the shift of the burden of proof of medical malpractice and the relation of cause and effect from the plaintiffs to the defendants. in 2002 the State Council made out Incident of Malpractice Processing Rule. but many scholar pointed out the problem in it. on the other side, according to Chinese Contract Law parties could choose contractual or tort liability to prosecute. but because of the judicial construction above majority of people asked tort liability. of course there are some cases asking contractual liability. then this paper aim at analysis of the Chinese medical malpractice liability, especially of the problems about the subject of responsibility, burden of proof and scope of responsibility.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.89-109
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• 2011

Among various export financing, forfaitng and factoring give a comfort to exporters as those special financing schemes are extended to them on a without recourse basis. This is good for the exporters in terms of financing and risk cover of buyer or LC issuing banks. To enjoy this benefit, the SME exporters should, however, know the risks involved in sales contract. For example, if the export and importer set Korean law as governing law in the sales contract especially for open account exports, the exporter's receivables might be not welcome by factors according to provisions of Korean Conflict Law and it's application. Those regulations tell that the factor's position would be unstable when the sales contact limit exporter's assignment of receivables to the factor when the sales contract is subject to Korean law. Also the exporters should know related regulation of importer which might affect the assignment of receivables as well. This paper suggests the Korean exporters take internationally recognized agreement/convention such as UNI|DROIT Convention on International Factoring, UN Convention on the Assignment of Receivables in International Trade.

• Journal of Korean Medical classics
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• v.30 no.1
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• pp.145-166
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• 2017

Objectives : The paper aims to study the philosophical background of Huangdineijing by taking into account the fact that its ideas are identical to that of the period between the Warring States and Han. Methods : Through considering the period and the historical backdrop in which Huangdineijing was published, and through considering the book with other texts such as Huangdisijing, the paper draws the common spirit of the time and analyzed the cause and flow of philosophies and ideas that influenced Huangdineijing. Conclusions : 1. Books that upheld Huangdi contained within Hanshu・Yiwenzhi have a common point with the mythical symbol of Huangdi in that they are related to the rule of a nation and the creation of a civilization. Huangdi, who in Huangdineijing bears a need to be understand at this common point of view. 2. The spirit of the period between Warring States and Han can be deduced as "a movement towards unification" and "the development of a civilization infused with spirit of unification." Such spirit of time are reflected in Huangdineijing as Nine Acupuncture(Official Acupuncture) and the establishment of the measuring standards for meridian, bone, and internal organ, and the establishment of the concept of 'Pyungin.' Especially the construction of waterways that connected Huanghe and Yangzijiang river with their tributaries that formed a direct composition of unification was applied to human body in Huangdineijing, thereby establishing the concept of 'Mai'. 3. Unlike Lao Zhuang School of Taoism was not interested in the act of ruling at all, Huangdineijing and its contemporary publication Huangdisijing, present their readers with Number, Law, Rule, Regulation and Governance. Here, the philosophy and the idea which seek "Law" as the methods of ruling the nation by actively participating in the governance of the nation based on the model of natural law and rule appear. Such philosophy and idea is an evidence of the influence of Fajia in accordance with the social and realistic changes witnessed during the time.

• The Korean Journal of Air & Space Law and Policy
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• v.5
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• pp.171-205
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• 1993

On the contrary to the general principle of private law, carriers' liability for passengers and cargo owners have been quantatively limited in some cases. The author traces the rule of liability limitation in the law of Korea and United States to verify two hypotheses. The first hypothesis is that the rule of liability limitation has been introduced to motivate investment when new technology with high risk has been adopted in business. The second hypothesis is that the rule of liability limitation can be maintained only when damages have been fully compensated. The former is a necessary condition for liability limation, and the latter sufficient condition. There are strong evidences for the first hypothesis. Navigation or aviation, artificial satellite lauching, urban transportation system are good examples. The second hypothesis is supported by the fact that there have been continuous controversies on the Warsaw System, including the failure of ratification of Montreal Additional Protocols No.3 & 4 by the U.S. Senate and voluntary removal of liability limitation by the Japanese airline companies. Loss of cargo can be compensated fully, but damages from personal injury and death not. The value of human body and life is not easy to be estimated. Passengers, moreover, do not usually buy insurance for accidents in travel. Passengers do not accept insurance premium as the cost of being whole and alive. They do not accept accident rates realistically. They have no bargaining power in dealing with insurers. The rule of liability limitation in personal losses would not be supported in future because damages have not fully compensated.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.34
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• pp.55-74
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• 2007

The documentary credit has been functioning as an indispensable tool for making international commercial transactions safer throughout the world since ICC adopted the second revision of the Uniform Customs and Practices for Commercial Documentary Credits in 1962. Letter of Credit transaction should be cleared by the principle of the trust and integrity and vile partners sometimes make a fraud on the L/C by the misinterpretation of the documents. As there is no rule but no exception, exception from application of these principles is allowed. The fraud exception nile constitutes contracting out an application of basic principles, this rule should apply restrictively and in many authorities a court does not apply this rule to nominated bank, confirming bank, and bona fide holder of draft even if fraud is involved in L/C transactions. If not, we lose a lot of benefits from the credit as valuable commercial device through reservation of these principles to take a few benefits. So, We need to recognize that the fraud exception rule should be applied restrictively. Therefore, this study reviewed condition of application and exception from application of fraud exception rule in view of Cardozo's opinion, the Sztejn court, and UCC Sections-114(2).

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.67
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• pp.119-142
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• 2015

Many insurers have traditionally incorporated "fraud clauses" into insurance policies, setting out the consequences of making a fraudulent claim. Even in the absence of an express terms, English courts provide insurers with a remedy for a fraudulent claim. However, the law in this area is complex, convoluted and confused. English Law Commission think that the law in this area needs to be reformed for three reasons; (1) the disjunctive between the common law rule and section 17 generates unnecessary disputes and litigation, (2) increasingly, UK commercial law must be justified to an international insurance society, and (3) the rules on fraudulent claims are functioned as a deterrent if they are clear and well-understood. In order for these purposes, English Law Commission recommends a statutory regime to the effect that, when an insured commits fraud in relation to a claim, the insurer should (1) have no liability to pay the fraudulent claim and be able to recover any sums already paid in respect to the claim, and (2) have the option to treat the contract as having been terminated with from the time of the fraudulent act and, if chosen the option, be entitled to refuse all claims arising after the fraud, but (3) remain liable for legitimate losses before the fraudulent act. LC is not recommending a complete restatement of the law on insurance fraud generally. For example, LC does not seek to define fraud, instead, recommends the introduction of targeted provisions to confirm the remedies available to an insurer who discovers a fraud by a policyholder.

• The Journal of Asian Finance, Economics and Business
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• v.7 no.8
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• pp.185-195
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• 2020

This study examines the association between governance quality at country level and stock market performance. Specifically, the study investigates the influence of control of corruption, government effectiveness, political stability and absence of violence, rule of law, regulatory quality, and voice and accountability on all-share index of the stock markets of the six Gulf Cooperation Council (GCC) countries. This study is anchored on two theories - the Efficient Market Hypothesis (EMH) and Institutional Theory. The study employs panel data spanning from 2006 to 2017. The findings show that political stability and absence of violence and rule of law exhibit a significant positive impact on stock market performance, while regulatory quality and voice and accountability have a significant, but negative relationship with stock market performance. The results imply that quality of governance in terms of rule of law and political stability devoid of violence have strong impact on stock market returns. Similarly, improved stock market returns are largely dependent on the efficiency of the institutional environment of market as investors are always wary of the inherent risks associated with the uncertainty of the market. This study has crucial policy implications for the government of the GCC countries and stock market participants.

• Journal of Theoretical and Applied Mechanics
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• v.1 no.1
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• pp.97-109
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• 1995

In this paper, a finite viscoelastic continuum model for rubber and its finite element analysis are presented. This finite viscoelatic model based on continuum mechanics is an extended model of Johnson and Wuigley's 1-D model. In this extended model, continuum based kinematic measures are rigorously defied and by using this kinematic measures, elastic stage law and flow rule are introduced. In kinematics, three configuration are introduced. In kinematics, three configuration are introduced. They are reference, current and virtual visco configurations. In elastic state law, it is assumed that at a certain time, there exists an elastic potential which describes the recoverable elastic energy. From this elastic potential, elastic state law is derived. The proposed flow rule is based on phenomenological observation. The flow rule gives precise relaxation response. In finite element approximation, mixed Lagrangian description is used, where total and similar method of updated Lagrangian descriptions are used together. This approach reduces the numerical job and gives simple nonlinear syatem of equations. To satisfy the incompressible condition, penalty-type modified Mooney-Rivlin energy function is adopted. By this method nearly incompressible condition is obtain the virtual visco configuration. For verification, uniaxial stretch tests are simulated for various stretch rates. The simulated results show good agreement with experiments. As a practical experiments. As a preactical example, pressurized rubber plate is simulated. The result shows finite viscoelastic effects clearly.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.55
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• pp.243-264
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• 2012

This study is aimed to analyze problems related to FTA country of origin of goods verification which is increasing from 2006 and thereby to grope for solution of such problems and seek adequate FTA performance administration. It is found, through comparative analysis and statistics of last 8 FTAs so far Korea has concluded that there are major problems such as excessive verification processing due to complicated country of origin regulation etc. This paper suggests following policies of country of origin administration ; (1) Simplification of FTA country of origin rules (2) reciprocal cooperation between each country's Customs Authorities based on trust (3) rational measurement against corresponding country's Customs Authorities' misbehavior (4) enhancement of transparency in relation to processing rule of country of origin verification (5) securing FTA country of origin verification experts. For these improvements, upcoming FTA shall rule country of origin reasonably, simplification and transparency of rule is needed for established FTAs in relation to FTA performance administration with corresponding countries. Also it is necessary to revise FTA preferential tariff law and its related laws, and carry forward policies in accordance with medium and long term plan.

• Proceedings of the KIEE Conference
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• 1992.07a
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• pp.252-254
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• 1992

This paper proposes a new algorithm that finds fuzzy control law of the system in which little knowledge has been known. In view or conventional fuzzy method, making control law needs the sense and the knowledge of the system which are provided by expert. But fuzzy control using proposed algorithm needs no expert for hating control law. After construction of the 1st order approximated ARMA model using input-output pairs, new defuzzification method is applied. The deduced rule is stored in fuzzy input space and updated by the proposed algorithm adaptively. To show the validity and effectiveness of proposed control method. simulation result is presented.