• Title, Summary, Keyword: mutual obligation

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The Comparison of Workfare in UK and Australia from the View Point of Social Contract Theory (사회계약론적 관점에서 본 영국과 호주의 근로연계복지 비교연구)

  • Kim, Eun-Ha
    • Korean Journal of Social Welfare
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    • v.58 no.3
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    • pp.169-193
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    • 2006
  • The Purpose of this paper is to compare workfare system in UK with in Australia from the view point of social contract theory. There are two kinds of social contract theory - Hobbesian and Kantian theory. In view of these two types, this paper makes a comparative study of New Deal in UK and Mutual Obligation in Australia. The results of analysis can be summarized as follows. Firstly, in this respect of compulsive program formation background, Mutual Obligation and New Deal is all similar with Hobbesian social contract theory. Secondly, With regard to concern for the disadvantaged, Mutual Obligation is among Hobbesian social contract but New Deal is among Kantian social contract. Lastly, concerning orientation of compulsion, Mutual Obligation is close to Hobbesian social contract but New Deal is close to Kantian social contract.

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고려의 관학과 효경

  • 전준우
    • Journal of Korean Library and Information Science Society
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    • v.3
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    • pp.79-88
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    • 1976
  • In Ecorea Lrynasty, the authority all officers a compulsary obligatic.~ to learn the Nyo-I~.'z~\ulcorneruzngd er the custody of a super1 iscr o; Letters wino -1 a\ulcorner the ~ejponsible officer to train ci~ril senants. The Nyo-Kjli ilg was possible to interpret the pious love of ci I illans to the~re lders as a mutual ethics between the parental ber~ec;~lc nce and the filial piety of inferiors which n-as far superior to the traditional cthic; that was laid on an firm obligation of inieri~rs to tEei:- elders. The filial piety as a lovc for elders mean2 a mutual harrn~n:a~n d show\ulcorner a berieiolent conduct as an influence of a political morality. Thc heaer-o!erLt conduct was developed as a political morality of Confucius originated from the filial piety of Confucius based on a moral policj . Such a kenerolent conduct is to become a main spring to effect a mutual tie betn-een the king and his people as a national system of the Confucian theory. In i*

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A Study on the Introduction and Implications of the Bank Payment Obligation under SWIFT's Trade Services Utility (글로벌 전자무역에서 SWIFT의 TSU BPO의 도입과 과제)

  • Chae, Jin-Ik
    • The Korean Research Institute of International Commerce and Law
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    • v.49
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    • pp.409-434
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    • 2011
  • SWIFT has designed Trade Services Utility(TSU) to meet the new paradigm of electronic trade. The Trade Services Utility is a matching and workflow application that sits on the SWIFT network. The TSU is designed to help banks offer advanced supply chain services to their corporate customers who are involved in open account trading. Nowadays, the Bank payment obligation(BPO) can optionally be included in a baseline by mutual consent. The BPO is an irrevocable and conditional obligation of an obligor bank(buyers bank) to pay a specified amount to seller's bank according to an established baseline of a single TSU transaction. Therefore, SWIFT enables its customers to automate and standardise financial transactions, thereby lowering costs, reducing operational risk and eliminating inefficiencies from their operations. Whereas, Banks can use the core functionality of the Trade Services Utility to offer competitive services that complement existing services. But SWIFT need to come up with the measures of activating the TSU BPO. So, this paper is to introduce TSU BPO and check the measures for the activation of the TSU BPO under the electronic trade environment.

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The Improvement on the current law about Mutual aid service and information use (상조서비스 및 정보 이용에 관한 현행법상의 개선점)

  • Kim, Ku-Jong
    • Journal of the Korea Society of Computer and Information
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    • v.17 no.3
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    • pp.185-191
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    • 2012
  • The essence of Mutual aid service is looking into the general commerce about its goods and services that is a general viewpoint. Through the contract that the contractor related with the Mutual aid associations and Mutual aid companies. provide the goods and services to future member's demanding point. and members are pay out money, and pay for that on the installment plan. This Mutual aid business had been increased rapidly after 2005, it is expanded huge business, even its scale alone, the cost is estimated at over three trillion won. But because of Mutual aid business's prepayment installment plan, stipulated substance of the Law on hire-purchase systems were more actualized than in the past, but it leave much to be desired. for example, the obligation of explanation to Mutual aid associations and members of Mutual aid company, the consumer protection about the contract of advance received deposit, upward problem of capital, when establish the Mutual aid company etc. in this paper will review these problems and improvement about legal details that for the customers of Mutual aid service and development of Mutual aid industry, and claimed about Mutual aid law's singular legislation.

Division of Inherited Property by Agreement and Legal Rescission -focusing on Japanese Supreme Court Decision delivered on February 9, 1989- (상속재산협의분할과 법정해제 -일본(日本) 최고재판소(最高裁判所) 1989. 2. 9. 판결(判決)을 소재로 하여-)

  • Chung, Ku-Tae
    • The Journal of the Korea Contents Association
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    • v.13 no.1
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    • pp.175-185
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    • 2013
  • The judgement which is subject of research has denied legal rescission of division of the inherited property by agreement based on (1) the fact that the division of inherited property terminated at the time of concluding mutual agreement in its nature while only the relationship of claim and obligation between the inheritor who has paid for such obligation and the inheritor who has acquired such obligation in the mutual agreement remains (2) and the fact that the legal stability is considerably hindered as the re-partition of inherited property having retroactive effect becomes unavoidable in case of approving the legal rescission of the division of the inherited property by agreement. But it is reasonable to also approve legal rescission on the division of the inherited property by agreement in case the division by agreement actually has the nature such as conditional donation between joint heirs (1) from the fact that the division of the inherited property by agreement gets the nature of disposal equivalent to exchange, transfer and abandonment of share between joint heirs in actuality, (2) and the fact that there are no other theories in approving the validity of mutually agreed rescission despite the fact that the re-partition of inherited property having retroactive effect is unavoidable even in case of the mutually agreed rescission of the division by agreement among all joint heirs. However, as the division of the inherited property by agreement is a contract that gets concluded only if all joint heirs participate, even the legal rescission for the reason of not fulfilling the obligations paid by one party of the heirs during the division by agreement must be considered as possible only by expression of intentions from all other joint heirs excluding this one party.

A Study on the Measure of Familism : Familism Scale (가족주의가치 측정을 위한 기초연구 - 가족주의척도 제작을 중심으로 -)

  • 옥선화
    • Journal of the Korean Home Economics Association
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    • v.24 no.3
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    • pp.143-153
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    • 1986
  • This study is intended to develop a scale to measure familism. Construction of this scale is based on a sample of 448 married males and females living in Seoul. This scale to measure familism is developed by employing a type of item analysis method called correlation analysis. 13 items are selected by correlation analysis, and these are found statistically significant even by analysis based on the criterion of internal consistency. Validity of this scale is evidenced by logical validation, jury opinion and independent criteria. Reliability estimate assessed by Cronbach's alpha coefficients is .759. This scale comprises the following 4 aspects of familism: 1) Support for filial piety and ancestor worship. 2) Integration of individual activities into family ones for achievement of family objectives. 3) Obligation to support individual family members and give them financial assistance when needed, on the assumption that properties such as land, money, etc. belong to family. 4) Mutual aid in psychological and social aspects between parents and married children, and married children and their married siblings. It is concluded that this familism scale represents an improvement on other measure of familism, but that a number of methodological issues remain to be further studied.

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A study on several points of commercial disputes in international license Agreement (국제라이선스계약이 가지는 상사분쟁의 주요 쟁점에 관한 고찰)

  • Jeong, Heejin
    • International Commerce and Information Review
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    • v.19 no.1
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    • pp.191-210
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    • 2017
  • The old sources of competitive edge and value added were land, labor, and capital. In today's knowledge-based economy in the 21st century, technology is attracting attention as a new engine of growth. That paradigm shift of world economy has resulted in the global spread of technology transfer and the gradual increase of trade of intangible goods including patents and know-how as well as tangible goods in international trade. An international license agreement is a representative form of technology transfer. In license agreements, the providers of technology keep their ownership of technology, allow the implementation of technology to the users of technology only for a certain period of time, and receive loyalty as a reward. Economic profit through such technology trade can be realized with the smooth implementation and termination of agreement. International license agreements are different from sales contracts, which represent international business transaction based on mutual obligation, in many aspects in that they target intangible goods of technology and aim for rent for a certain period of time. This study thus set out to examine issues that could be controversial in the main and individual obligation of the parties in international license agreements and provide implications helpful for the prevention of disputes in advance.

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Hawthorne's control of the reader represented in his prefaces (호손의 독자 조종: '머리말'을 중심으로)

  • Kim, Ji-Won
    • English Language & Literature Teaching
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    • v.16 no.4
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    • pp.185-200
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    • 2010
  • Nathaniel Hawthorne seems to realize the reader's role in bringing his creation of fiction to completion. Almost all of Hawthorne's prefaces may be considered in terms of their contribution to the writer's narrative strategy. When he refers to the audience in the prefatory essay, "The Custom-House" and other prefaces to his major works as "the Reader," Hawthorne is establishing a mutual complicity that will continue throughout the following narratives. According to this rhetorical alliance, the writer's obligation is to get the story into the reader's imagination by any means possible, while the reader's share is to believe the story as much as possible while it is being told. The ultimate issue is thus not whether any event actually happened as Hawthorne reports it but whether readers are willing to grant the event credence while they are reading. Hawthorne's relationship with his audience is not congenial. In his prefaces, Hawthorne sometimes reveals a narrator who evades a fixed identity. The introduction of an unreliable narrator helps illuminate the unresolved, elusive ambiguity in Hawthorne's stories. Hawthorne seeks to make his narrative ambiguous frequently utilizing the very same indeterminacy so often cherished by poststructuralists. No critical term may be more firmly associated with the works of Hawthorne than ambiguity. Looking for new readers with more fresh eyes, Hawthorne's narratives always remain open to reinterpretation. After all, Hawthorne's prefaces (sometimes including unreliable narrators) help him become one of the most frustrating and fascinating novelists.

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Advance Preparations of Parties for Changing Circumstances of International Business Contracts - in relation to adaption of contracts - (국제계약(國際契約)의 사정변경(事情變更)에 대한 당사자(當事者)의 사전대응책(事前對應策) - 계약(契約)의 적응(適應)과 관련하여 -)

  • Gang, Lee-Su
    • Journal of Arbitration Studies
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    • v.8 no.1
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    • pp.269-291
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    • 1998
  • Change of circumstances subsequent to formation of international business contract raises two issues on both parties' obligation to perform business transaction concerned. One is impossibility of performance due to events beyond control of parties and the other is adaption of contract. In Anglo-American Law such an impossibility of performance is provided by the doctrine of Frustration and the doctrine of Practicability(UCC 2-615). In practice a "force majeure" clause should be included in contract defining the parties' mutual rights and duties if certain events beyond their control occur to safeguard themselves against possible impossibility. On the other hand the tendency of international trade is that alongside sales contracts, there are contract for supplies, for furnishing raw materials, for building industrial complexes, and transferring technology. One characteristic of these agreements is their duration. For in order to carry out these agreements, it is necessary to complete a series of closely interrelated operations which, in the normal course of events, take place over a number of years. It is often difficult for the parties, when finalizing their contract, to have a full grasp of all of the factors governing their relations. With a view to resolving difficulties such as compromise the continuous performance of a contract, parties may insert a regulatory clause in their contract providing for intervention by a third person after stating in specific and detailed fashion the circumstances in which their contract may be adapted.

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A Study on the Recent Changes of Level of Club Cover in P & I Insurance (P & I 보험의 보상한도에 관한 고찰 - 최근의 변화 및 쟁점을 중심으로 -)

  • Shin, Gun-Hoon
    • The Korean Research Institute of International Commerce and Law
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    • v.22
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    • pp.201-226
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    • 2004
  • P & I Clubs are mutual and non-profit making insurers which offer shipowners cover for the contractual and third-party liabilities. Whereas most shipowners obtain P & I insurance to cover for their legal liabilities, they also obtain hull insurance to cover against damages to the hull of their vessels from commercial hull insurers. P & I insurance was distinguished from hull insurance in respect that it offered non-limited cover to shipowner member, but there was a serious debate between P & I Clubs in respect of the non-limited cover. A compromise by International Group of P & I Clubs eventually emerged under which, with effect from 20 February 1997, a financial cap was placed on the obligation of each shipowner to pay catasrophe calls to his club(20% of each ship's property limitation fund under 1976 Limitation Convention). Nevertheless many shipowners felt that this new cap on their potential catastrophe call had been set still too high, while others resisted any reduction in the figure established by the compromise. In the Meantime, the European Commission issued a Statement of Objections in June 1997, in which it indicated its objections with a compulsory single limit common th all the Group clubs as high as the 1997 compromise. Eventually the board of all the Group clubs decided that the figure of 20% of the Limitation Convention per ship property funds should be dropped down to 2.5% from 20 February 1999.

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