• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.28
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• pp.39-61
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• 2005

Historically shipping conference has enjoyed antitrust immunity in consideration of the importance of liner service in international trade in that it is essential to ensure stable movement of international freight. However, shipping deregulation which has been carried out for last decades in the US and EU has caused significant changes to the liner shipping market. In fact, most of shipping conferences have broken up or transformed as discussion agreement since shipping regulatory reform. However, on the other hands, it is also true that it has contributed to developmore efficient and responsive negotiating process that are better tailored to the needs of individual shippers.

• Korea Trade Review
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• v.41 no.1
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• pp.1-20
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• 2016

This study is to help international traders in conducting tax and accounting works as to revenue recognition when a shipment incurs in accordance with Incoterms 2010. It is true that some are well familiar with Incoterms but have lack of accounting and tax application. In respect of tax operation, there are several regulations, such as Income Tax Law, VAT Law, which are applied differently according to sales points. Sales points and revenue recognition are a bit different when sales are made internationally. And this study compares those revenue recognitions by comparison of related Korean laws and Incoterms 2010.

• 제어로봇시스템학회:학술대회논문집
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• 2005.06a
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• pp.706-709
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• 2005

We study the adaptive stabilization of the Van der Pol equation. A parameter update law is designed by the immersion and invariance method, and is used in conjunction with both the feedback linearization and backstepping control laws. Simulation results show that the responses obtained in the adaptive case are very similar to the known parameter case, and the parameter estimator converges to the true value.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.39
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• pp.345-366
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• 2008

The paper analyzes GMO legal system and the problems of its management in China and their suggestions to Korea. GMO has been arising as a principal alternative of grain while grain prices continue to climb. Although there has been concerns about GMO imported from China, it is true that we have not studied on China's legal system and the problems of its management in China. The paper believes that when Chinese government does not manage GMO primarily, we have a high possibility that China's GMO food will access to Korean market at any time, and threaten our health and safety. Hence, it is highly time to analyze how legally China treats GMO and what the problems of its management are. The paper found out problems of China's GMO management in three ways. Firstly, GMO legal system of China is confused and it has limitation of effectiveness. China has no regulations like "a law" to regulate GMO and regulations which exists now are not easy to apply in substance. Secondly, China has no administrative strictness to manage GMO. For example, the regulation which ministry of agriculture in China promulgated in March of 2002 started to use partially since 2003, 7. Thirdly, China, as a nation that administration superiors to, market does not do its roll to control GMO. It relates to the low concerns and care of Chines people about GMO. The paper shows suggestions and countermeasures according to problems of China's GMO management.

• International Commerce and Information Review
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• v.10 no.3
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• pp.75-99
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• 2008

In the commercial transaction sellers use various sales strategies to increase profits, and this kind of sales strategies often causes damage to customers, it, moreover, is true that these examples happen in the electronic commercial market much more than in traditional one because of the characteristics if the electronic commerce. That's why people transact one another without face-to-face meeting in the electronic commerce market, so people one likely to fall for a trick to cheat and deceive. It's no doubt that the frequency of crime is higher than in face-to-face market. For that reason Cooling Off System, Consumer Compensation Insurance, Mutual Aid Association and Billing Payment Deposit System are in force the law related electronic commerce to protect customers' rights. In this paper it will be discussed about the periods of Cooling Off System and a received commodity notice of the Billing Payment Deposit System. Regarding these periods seven days for Cooling Off period and three days for a received commodity notice period are stipulated under the law of related electronic commerce to protect customers' rights, But each period has to be differentiated depending on each goods for this period to be reasonable and proper. Therefore in this study it will be focused on these facts and each period will be classified by the goods' purpose of purchase and quality.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.18
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• pp.137-157
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• 2002

The clauses of bill of lading(B/L) consist of the terms of contract for the carriage of goods by sea because of clauses of B/L by the mutual agreement of contracting parties. There are some exempted cause of deviation clause in B/L for specific reasons. Then deviation clauses are influenced by Rules of international carriage of goods by sea, because the international rules become the governing law of contract for the carriage of goods by sea. The problem of deviation clauses in B/L is stipulated as follows. "It shall be prerequisite to the Merchant' claim for damages on account of deviation that the merchant's insurance shall first have been cancelled on account of alleged deviation. No deviation shall oust the right to limit liability or damages, and the Carrier shall always be entitled to the full benefit of all privileges, rights and immunities contained in this Bill of Lading and incorporated tariffs." This stipulation should be adjusted according to the confirmed cases, otherwise it will be invalid according to the Hague Rules and Hamburg rules. The sphere of a reasonable deviation in the deviation clause should be interpreted in the connection with the designed voyage and the commercial object of contract for the carriage of goods by sea and the deviation become valid unless the policy, the general object of international rules or the true intention of contracting parties has violated.

• SUVANNABHUMI
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• v.1 no.1
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• pp.51-74
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• 2009

It has often been said that Myanmar is the most profound Buddhist country in the world. That may well be true, but the brand of Buddhism practised in this isolated land is unique on the face of the globe. Myanmar Buddhism is theoretically Theravada Buddhism, a sect of Buddhism adhering most closely to the Buddha's teachings, and is the dominant form of Buddhism throughout Southeast Asia. The customary law also has an indissoluble connection with Buddhism in the Burmese society. The family customs and law have been put in statutory form with Damathat. And Damathat which is a statute law plays a important role as a mirror of the popular society. In Burmese society, the network which connects an individual and an individual fulfills its more function than the relatives and families act with group. The human relation which is generally completed within home, for example, parents and children, brothers and sisters, husband and wife and so on is situated as a center of the network which spreads outside home also in Burmese society. And Burmese society is 'khin' and 'ana' society. Burmese people positively extend the human relation through the way of thinking of Myanmar language 'khin' translated 'intimate', but they also put on the brakes the extending human relation without ending by keeping its distance through the way of thinking of Myanmar language 'ana' translated 'refuse courteously.'

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.257-281
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• 2011

The duty of utmost good faith is found in sections 17-20 of MIA 1906. Critics of the current legal regime on the pre-contractual duty from the viewpoint of the assured, have been concentrated on two points in particular. First, the scope of the duty is so wide that it imposes too high burden on the assured. The second criticism is directed at the remedy, prescribed by the MIA 1906, s.17, against breach of the duty. This article intends to analyse the legal implications of proposals in CP 2007 for reforming pre-contractual duty of utmost good faith of business assured in English insurance contracts law and the problems of proposals. The Law Commissions are proposing four fundamental changes to meet the long-standing criticism and the results of analysis are as following. First, the Law Commissions are proposing a change in the test of constructive knowledge in relation to the duty of disclosure so that a business assured will be obliged to disclose facts which he knows or a reasonable ought to know in the circumstances. Secondly, deviating from the current legal position, the Law Commissions are proposing that if a business assured has made a misrepresentation, but the assured honestly and reasonably believe what it said to be true, the insurer should not have any remedy due to the misrepresentation. The proposal is designed to protect the reasonable expectations of business assured at the pre-contractual stage. Thirdly, the Law Commissions are proposing to change the test for materiality by replacing the "prudent insurer" test by a "reasonable assured" test. The proposed test would focus on the question of what a reasonable assured in the circumstances would think what is relevant to the judgment of the insurer. Finally, the Law Commissions are proposing flexible remedies in case of the breach of the duty. The Law Commissions are proposing no remedy when an assured is acting honestly and reasonably, while avoidance in case of dishonesty. On the other hand, The Law Commissions seem to have an intention to introduce a compensatory remedy in case of negligent breach of the duty.

• Journal of Digital Convergence
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• v.13 no.5
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• pp.61-67
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• 2015

In order to ensure the housing stability of homeless people who living in the information society, the Korean Housing Lease Protection Act was enacted as a special law of Civil Code in March 5, 1981, Law No. 3379. And until January 6, 2015 there were 15 times revisions. In the meantime, many issues have been resolved by legal revisions through several times however, it is true that many problems are exposed after enforcement because processing without sufficient review of legislation. Among them, at the 1st revision in 1983 the purpose of Article 9 for lease succession was admitting succession to a spouse who has no inheritance rights. Then it can protect common-law relationship and on the other hand protect the residential life of a spouse. But many questions have been raised. Therefore, in this paper, analyze the problem of lease succession carefully, proposes an improvement to contribute to the residential stable livelihood.

• Korean Journal of Forensic Psychology
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• v.11 no.2
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• pp.173-190
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• 2020

The purpose of this study is to verify whether it is possible for participants to discriminate between innocent and guilty suspects when they are exposed to criminal information utilizing an autobiographical implicit association test (aIAT). A total of 49 college students were randomly assigned to guilty group, innocent-aware group, or innocent-unaware group. Participants performed an aIAT to detect suspects after performing either mock crime or control task. It was verified that innocent suspect and guilty suspect exposed with crime information could be distinguished through D-score and reaction time, converted to symbolize strength of the association between guilty sentences, innocent sentences, and truth sentences. As a result of the analysis, guilty group showed significantly higher D-score than both innocent-aware group and innocent-unaware group. guilty group also showed faster response time in true-guilty condition than true-innocent condition. This shows that the association of true-guilty conditions is stronger than that of true-innocent conditions. On the other hand, the innocent-aware group showed a faster response time in the true-innocent condition than the true-guilty condition, and innocent-unaware group showed no significant difference between the two conditions. Through this, it was confirmed that innocent suspects exposed to criminal information can be discriminated according to the aIAT pattern, which has a faster reaction rate to the truth and innocence union than the guilty group. This study confirmed that suspects exposed to criminal information can be effectively discriminated using aIAT, and further suggests the usefulness and potential of aIAT in the field of lie detection.