• Title/Summary/Keyword: 국내법

Search Result 117, Processing Time 0.021 seconds

The Law of Aircraft Leasing in the People's Republic of China : Achievements and Challenges

  • Yu, Dan
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.30 no.2
    • /
    • pp.155-176
    • /
    • 2015
  • Leasing is one of the main methods for Chinese airlines to introduce aircraft from overseas manufactures, and this method has been used for more than 30 years by Chinese airlines. Aircraft leasing in essence is a kind of financial transaction, through which lessors provide finance to lessees by means of the delivery of possession of the leased aircraft. At the time when China started to introduce aircraft through leasing some 30 years ago, the Chinese domestic laws were very insufficient to regulate these activities. Therefore, a construction process for the law of aircraft leasing was triggered then, and some fruit has been gained. By far, there are rules to adjust the aircraft activities in the aspects of contract, real right, default and bankruptcy remedies. However, as the improvement of any system must undergo a process of exploration, the law of aircraft leasing in China is still faced up with many challenges. Especially with the emergence and prosperous of domestic leasing industry, new transaction structures and models of aircraft leasing have emerged, which leaves new challenges to current legal system. On the basis of introducing the history and main contents of Chinese legal regime of aircraft leasing, this paper offers an analysis of achievements and challenges on present Chinese laws in the aspects of contract, real right and remedies.

Strategic Elements Project of Japan (일본의 원소전략 프로젝트)

  • Choi, Pan-Kyu
    • Journal of the Korean Magnetics Society
    • /
    • v.24 no.6
    • /
    • pp.197-201
    • /
    • 2014
  • As the importance of rare metal is increasing globally, Japan introduced the concept of Strategic Elements in 2004, and started Strategic Elements Project in 2007. The Goal of this project run by MEXT (Ministry of Education, Culture, Sports, Science and Technology) is to develop high-function materials and components that do not use rare or harmful elements by studying the role and characteristics of the elements that compose materials and components and decide their functions and characteristics. In September 2010, Japanese coast guard arrested a Chinese fishing boat near Senkaku Islands (Diaoyudao Islands by China), which escalated to the territory issue and eventually a big diplomatic and economic conflict. In order to put pressure on Japanese Government, China used an economic option, which is the ban of rare earth export to Japan. This incident doubled Japan's motivation to develop Strategic Elements and put more efforts into this Project. MEXT set the following three research areas in February 2012: Study of alternative materials using sufficient and harmless elements, Study of applications for the high-functions of Strategic Elements, Study of practical design for components using Strategic Elements. Through a course of gathering the opinion of professionals, MEXT settled down with the following 4 research and study areas for the Strategic Elements Project in June 2012. 1. Magnetic materials to replace Dy, Nd. 2. Catalyst/Battery materials to replace Pt, Rh/Li, Co. 3. Electronic materials to replace In, Ta. 4. Structural materials to replace Nb, Mo. This paper deals with the first area and reviews the results of the research and study as of now.

Regulation and Its Tasks of Privately Contracted Armed Security Personnel on Board Ships Against Somali-based Piracy (소말리아 해적행위 대응을 위한 민간무장보안요원 승선의 규제 및 그 과제에 관한 연구)

  • Keum, Jong-Soo
    • Journal of the Korean Society of Marine Environment & Safety
    • /
    • v.20 no.1
    • /
    • pp.26-32
    • /
    • 2014
  • The increased threat to commercial shipping by Somalia-based pirates has triggered an increased use of PMSC(Private Maritime Security Contractors). The use of PMSC to protect merchant ships against Somali-based piracy threat seems to have been most effective counter-piracy measures. However, there are various legal and practical questions around using PMSC and PCASP(Privately Contracted Armed Security Personnel) on board at sea. This paper aims to study the regulation and its problems of PMSC and PCASP on board to protect merchant ships against Somali-based piracy in the Indian Ocean and Gulf of Aden. In particular, this paper focuses on the legal issues including jurisdictional issues of PCASP on board merchant vessels, use of force by PCASP in self-defense, and authority for using PMSC. Currently, the legal framework relating to use of PMSC and PCASP on board protecting ships from Somali-based piracy is complex, sometimes ambiguous or inconsistent, and currently in a state of flux. Thus, this paper concludes that at this juncture an effort to coordinate this legal framework is necessary, as regards both the interpretation of existing rules related to PCASP on board merchant ships under UNCLOS(United Nations Convention on the Law of the Sea) and the creation of new rules. Also, this paper suggested that there is an urgent need to establish the PMSC-specific laws in Korea.

Designed of rPP/d2w®/ZnO Nanocomposite Flexible Film for Food Packaging and Characterization on Mechanical and Antimicrobial Properties (산화분해촉매를 함유한 rPP/ZnO 나노컴포지트 유연식품포장필름 제조 및 물성 특성 연구)

  • Lee, Jin-kyoung;Gil, Bo-min;Lee, Dong-jin;Lee, Ik-mo
    • KOREAN JOURNAL OF PACKAGING SCIENCE & TECHNOLOGY
    • /
    • v.24 no.1
    • /
    • pp.1-11
    • /
    • 2018
  • In this study, pro-oxidant($d2w^{(R)}$) and rPP/ZnO nanocomposite flexible films for food packaging were prepared, and their mechanical and antimicrobial properties were investigated. As a result, the carbonyl index and hydroxyl index increased with exposured time to heat and UV rays. Surface analysis showed that the addition of zinc oxide improved the dispersibility and compatibility of the polymer, so that the surface of the composite film was smooth and the zinc oxide particles were smaller than the compared film. And it kept the physical properties by heat and UV ray blocking effect, and it worked to reduce decomposition. In the antimicrobial activity test, the microbial reduction rate was 3 logs or more at the use concentration of zinc oxide. The tensile strength was increased and the elongation was decreased. Oxidative degradability of multi-layered film in UV exposured for 72 hours, the molecular weight of the film decreased by 75.6%, 1,294 g/mol Mn and 5,920 g/mol Mw. In the safety analysis of food packaging materials, we obtained that are in standard of polypropylene, a food contact material of domestic law.

Global Convergence for Healthcare ICT Services (헬스케어 ICT 서비스의 글로벌 컨버전스)

  • Won, Dal Soo;Lee, Sang San;Jung, Yong Gyu
    • The Journal of the Convergence on Culture Technology
    • /
    • v.2 no.2
    • /
    • pp.45-49
    • /
    • 2016
  • It may be summarized to four kinds of innovation through global convergence, and the convergence of adjacent areas according to mega-trends in medical services market and actively introduced ICT technologies, public and private partnership. Health care is no longer a local industry, it is becoming Global Convergence. In the case of developed countries, it is increased to income levels, the development of new medical technologies, while the increase in specialized medical services and need of aging population. It increases migration of foreign medical personnel, geographical proximity and choice of the best medical technology, regardless of the cost. The increasing demand for high quality yet relatively low foreign prices of medical services. Hospitals are especially spread of international certification such as the US JCI standards. Hospital exports are being evaluated and opened the way for the export industrialization as ICT convergence hospital that can be exported to the fusion-related technologies more efficiently. Current local hospital has already reached saturation, globalization of Korean hospital is being the time necessary. Thus, unlike a strategy for each country, as well as technology transfer it is also possible, such as total exports provided the building, medical equipment procurement, local medical personnel (doctors and nurses) selection and training, PR and marketing. In the current medical law and need to be revised prospectively maintained for publicity and abroad, there is a need for further legal dragons and actively support a more flexible policy on the application of national law overseas medical services.

A Study on the Overcoming of the Legal Limits and the Status-Consolidating of the Online Services of the German Public Broadcasting System as the Third Media (독일 공영방송 온라인 서비스의 법적 한계 탈피와 제3의 미디어로서 위상 확립과정에 관한 연구)

  • Ko, Su-Cha
    • Korean journal of communication and information
    • /
    • v.47
    • /
    • pp.74-95
    • /
    • 2009
  • With the digital technical development, the German public broadcasting system has enlarged their online services with the rapid growth of internet population and digital channels. In the debate on online services of public broadcasting systems the major issue is that broadcasting fees finance their broadcast, though they are intended to support mass communication only. Therefore the German private broadcasting claimed to the European Union, that broadcasting fee of the German public had to be regarded as state aid concerning fair competition. Due to the autonomy of the German public broadcasting systems, guaranteed by the German Constitutional Law, a public value test was proposed to the EU and was accepted domestically. The cut in rise of broadcasting fees was stated unconstitutional by the German Constitional Court in 2007, when online services were consolidated as the third media amongst TV and radio with regard to basic provision. This with the public value tests of the public and the accept of the EU's Audio Visual Media Services Directive was constituted in the 12th amendment of the State Contract of Broadcasting. This three-dimensional legislative process could be instructive for the korean process, because Korea too is on the verge of constituting a regulatory system of convergence media.

  • PDF

South Korea's Response to the Formation of the International Regime on Access and Benefit Sharing within the Convention on Biological Diversity (생물다양성협약상 ABS 국제레짐형성 논의와 우리의 대응)

  • Chung, Suh-Yong;Park, Young-Gyu
    • Journal of Environmental Policy
    • /
    • v.8 no.4
    • /
    • pp.1-24
    • /
    • 2009
  • As commercial use of genetic resources increases in modern society, calls for fair and equitable sharing of the benefits thereof have become increasingly prominent, particularly from developing countries. As a result, negotiations have been ongoing for the "International Regime on Access and Benefit Sharing (ABS)" for genetic resources as a successor to the non-binding Bonn Guideline. 2010 has been set as the target date for the Agreement. As South Korea is more likely to be a user country of genetic resources, it will be necessary for it to take part in the negotiating process and contribute to creating the International Regime on ABS, to ensure both appropriate access to genetic resources and fair and equitable sharing of the benefits arising there from. To develop appropriate response strategies for South Korea, it is critical not only to closely examine the negotiations within the framework of the CBD but also to engage in discussions within thescope of related international organizations and domestic legislation. To achieve this goal, it is imperative for South Korea to form a comprehensive Government Response System, composed of relevant governmental bodies including the Ministry of Foreign Affairs and Trade, and the Ministry of Environment, etc.

  • PDF

Precautionary Principle for the Protection of Space Environment against Solar Electromagnetic Storm (우주전파재난과 우주법상의 사전주의 원칙에 관한 연구)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.26 no.1
    • /
    • pp.241-269
    • /
    • 2011
  • Solar flare and storm may give an adverse effect upon electromagnetic environment around the Earth, so that various kinds of satellite cease to normally function. This kind of space storm disaster is characterized by the uncertainty about when and what size. Recently the UN has been paying attention to this plausible disaster. Particularly the COPUOS has taken the view that this disaster would threaten the sustainable space environment. The precautionary principle, rooted and excercised in the environment protection filed, has been adopted in the case of disaster with uncertainty. The reports and opinions given by the expert and representatives of the member States have stated that the precautionary principle should be adopted for the purpose of dealing with this disaster. On the other hand, it is advanced that the principle has been already included in the space law principle enshrined in the 1967 Space Treaty. The Treaty has adopted the freedom of navigation and use of the outer space for the interest of all States as the basic principles. Sustainable environment is necessary for implementing the principle. Therefore, the rules for the protection of sustainable space environment should be based upon the space law principle.

  • PDF

A Study on the international legality issues of armed attack by drone (무인항공기의 무력공격을 둘러싼 국제법상 쟁점에 관한 연구)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.28 no.2
    • /
    • pp.37-61
    • /
    • 2013
  • In modern international law, the absence of legal definition regarding drone(Unmanned Aerial Vehicle) has made legal scholars work on an typical analogy between aircraft codified in the international document and drone. The wording of the Convention on International Civil Aviation is limited to two categories of aircraft, such as civil aircraft and state aircraft, whereas military aircraft is not legally defined. As such it is, the current practices of the State regarding the drone flight over foreign territory have proven a hypothese that drone is being deemed as military aircraft. Principal usage of drone lies in reconnaissance and surveillance mission as well as so-called targeted killing, which is prohibited if the killing is treacherous. Claimed war against terrorism, however, is providing a legal rationale that targeted killing is not treacherous, and that the targeted person is not civilian but combatant. In such context, armed attack of drone is deemed legal and justified. Consequently, such attack is legal in the general context of the war. The rules that govern targeting do not turn on the type of weapon system used, and there is no prohibition under the laws of war on the use of technologically advanced weapons systems in armed conflict so long as they are employed in conformity with applicable laws of war. Drones may present interesting new challenges because of their sophistication and the technological advantage they convey to their operators.

  • PDF

A Study on the Comparison Between China's Anti-Dumping System and WTO Agreement (중국 반덤핑 법규와 WTO 규범과의 적합성 비교 연구)

  • Shin, Sung-Shik;Choi, Hae-Bum
    • International Commerce and Information Review
    • /
    • v.13 no.4
    • /
    • pp.323-349
    • /
    • 2011
  • As China is one of WTO member nations, It has an obligation to have to certainly keep a standard regarding anti-dumping systems deciding in WTO agreements. Nonetheless the Chinese anti-dumping laws is causing legal uncertainty because of insufficient details regulations about the account of dumping margins, the termination of an investigation in case of negligible imports, and sunset review And a part of regulations are disagreed with WTO anti-dumping agreement about price undertakings. Therefore, South Korea should indicate them and urge the Chinese government to revise them so that its anti-dumping Law is agreed with WTO agreement. Aside from this, if the anti-dumping investigation is initiated, South Korea government must observe how the Chinese authorities operates its anti-dumping law that do not agree with WTO agreement, and should prepare the countermeasure accordingly. The analysis of this study is concentrated on the compatibility of the WTO anti-dumping agreement with China's interpretation of the antidumping policy and public law. Also, Including our export company, government agencies, academic circles being related, and international trade advisory agencies must expand opportunity of information sharing.

  • PDF