• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.18
• /
• pp.27-62
• /
• 2002

The international sale contract is the central contracts in export-import transactions. A good sale contract or set of general conditions of sale will cover all the principal elements of the transaction, so that uncertainties are avoided. The parties' respective duties as concern the payment mechanism, transport contract and insurance responsibilities, inter alia, will all be clearly detailed in the contract. The following key clauses should be included in international contracts of sale and general conditions of sale: ${\bullet}$ preamble ${\bullet}$ identification of parties ${\bullet}$ description of goods ${\bullet}$ price and payment conditions ${\bullet}$ delivery periods and conditions ${\bullet}$ inspection of the goods - obligations and limitations ${\bullet}$ quantity or quality variations in the products delivered ${\bullet}$ reservation of title and passing of property rights ${\bullet}$ transfer of risk - how accomplished ${\bullet}$ seller's warranties and buyer's complaints ${\bullet}$ assignment of rights ${\bullet}$ force majeure clause and hardship clause ${\bullet}$ requirement that amendments and modifications be in writing ${\bullet}$ choice of law ${\bullet}$ choice of dispute resolution mechanism Under most systems of law, a party can be excused from a failure to perform a contract obligation which is caused by the intervention of a totally unforeseeable event, such as the outbreak of war, or an act of God such as an earthquake or hurricane. Under the American commercial code (UCC) the standard for this relief is one of commercial impracticability. In contrast, many civil law jurisdictions apply the term force majeure to this problem. Under CISG, the standard is based on the concept of impediments to performance. Because of the differences between these standards, parties might be well advised to draft their own force majeure, hardship, or excusable delays clause. The ICC publication, "Force Majeure and Hardship" provides a sample force majeure clause which can be incorporated by reference, as well as a hardship clause which must be expressly integrated in the contract. In addition, the ICC Model provides a similar, somewhat more concise formulation of a force majeure clause. When the seller wishes to devise his own excusable delays clause, he will seek to anticipate in its provision such potential difficulties as those related to obtaining government authorisations, changes in customs duties or regulations, drastic fluctuations in labour, materials, energy, or transportation prices, etc.

• Korean Security Journal
• /
• no.26
• /
• pp.59-87
• /
• 2011

Security Business Act of Korea is leaning toward the aspect of regulation, while it provides few provisions about vesting the authority, which causes problems such as legal loopholes to be raised in regard to the rules about authorizing the private security personnel to perform security affairs properly and defining the limit of power. So, it should be done to interpret the law in order to draw the legal basis of empowering as well as to set limits of the authority of security main agent, and Article 7, Section 1, of Security Business Act is the very provision that involves the legal basis. In the scope of 'Management Power', the statutory authority in the first clause of Article 7 of Security Business Act, the security personnel can use force for self-defense, defense of others and property, and prevention of crimes. In addition, the powers of interrogation, access control, and eviction notice are involved in its scope. The private security personnel as the occupation assistant can take precautions and if the infringement on the benefit and protection of the law is imminent or done, he or she can use force within the limits of the passive resistance and the means of defiance on the basis of 'Management Power'. The private security personnel, however, can exercise the force only if the necessary conditions of legal defense, emergency evacuation, and legitimate act of criminal law are fulfilled.

• Korean Security Journal
• /
• no.60
• /
• pp.113-135
• /
• 2019

Despite being one of the most important national facilities, the National Assembly building of the Republic of Korea has become increasingly vulnerable to potential terrorist attacks, and the instances of demonstrations occurring around and banned items taken into the building are continuing to rise. In addition, promoting the idea of "open assembly" has led to increased visitors and weakened access control. Furthermore, while there is a significant symbolic value attached to attacking the National Assembly building, the level of security management is relatively very low, making it a suitable target for terrorism. In order to address such vulnerability, an appropriate access control system should be in place from the areas surrounding the building. However, the National Assembly Security Service which oversees security around the building is scheduled to disband in June 2020 following the abolition of the conscripted police force in 2023. Therefore, there needs to be an alternative option to bolster the security system outside the facility. In this research, the perceptions of 114 government officials in charge of security at the National Assembly Secretariat toward the protection and security system of the areas surrounding the National Assembly building were examined. Results showed that the respondents believed it was highly likely that risky situations could occur outside the building, and the use of advanced technologies such as intelligent video surveillance, intrusion detection system, and drones was viewed favorably. Moreover, a mid- to long-term plan of establishing a unified three-layer protection system and designating a department in charge of the security outside the building were perceived positively. Lastly, the participants supported the idea of employing private police to replace the National Assembly Security Service for the short term and introducing parliamentary police for the mid- to long-term.

• Journal of Hospice and Palliative Care
• /
• v.16 no.2
• /
• pp.98-107
• /
• 2013

Purpose: This study was conducted to investigate how home-based hospice care is provided in Korea. Methods: From July 2011 through August 2011, 29 hospice facilities that provide home-based hospice care were surveyed using a questionnaire. Items included in the questionnaire were general characteristics of the organization, staff members, service programs, difficulties. Results: Among the surveyed, hospice care was hospital-based for 11 (37.9%) facilities, hospital-independent center-based care for four (13.8%) and home-based care only for 10 (34.5%). Near half the participants were located in Seoul and Gyeonggi-do. Caregivers included nurses for 62.1% of the participants, volunteers 62.0%, pastors 44.8%, social workers 37.9%, coordinators 31.0% and doctors 31.0%. The facilities offered service programs such as family counseling (96.6%), transfer to other facilities (93.1%), psychological support (89.7%), bereavement support (86.2%), dying care (79.3%), clinical care (75.9%) and spiritual support (75.9%). The major obstacles were financial issues (24.1%), lack of trained staff (20.7%) and staff members' lack of awareness of home-based hospice care (13.8%). Conclusion: In Korea, home-based hospice care is provided by an insufficient number of facilities. Moreover, the service providers are experiencing difficulties such as lack of trained staff, insufficient financial resource and staff's lack of awareness of home-based hospice care. It is necessary to increase the number of home-based hospice care facilities with consideration of even distribution across regions and standard staffing and service programs and develop related insurance policies.

• Journal of Technology Innovation
• /
• v.26 no.1
• /
• pp.31-57
• /
• 2018

The general public's interest level towards safer life is increasing due to not only ever-changing faces of disasters and increased frequency of climate-change related disasters but also enhanced standard of living. Demand for disaster-safety industry is also increasing. Several policies for disaster-safety industry have been introduced. The policies, however, did not fully reflect the level of people's interest. This study is to investigate possible ways to reflect general public's interests towards disaster-safety industry using social media analysis, so that disaster-safety industry can be properly promoted. To examine the level of general public's interest, social media data during the last three years were compiled and analyzed. It was found that the interest level was highest towards, firstly, information on just-happened real disasters, secondly, necessary knowledge in real life which could be applied immediately if disasters strike. It was also confirmed that social media was useful in analyzing people's interest level quickly, because social data have been found to be sharply increased during the 2016 Gyeongju Earthquake in Korea. This study suggests applicable plans for disaster-related industry promotion based on social media data using general public's interest level.

• Child Health Nursing Research
• /
• v.19 no.2
• /
• pp.130-139
• /
• 2013

Purpose: In this study an examination was done of the effects of a adolescent smoking cessation motivational program on smoking temptation, internal motivation, stage of smoking cessation and quit rate. The study was done with a nonequivalent control group pretest-posttest design. Methods: Participants in the experimental group were adolescents who smoked and were referred to the program by their high school teachers. They participated in the smoking cessation motivational program for 60 minutes per session, once or twice a week for six weeks. Participants in the control group were selected from the same age group within the school and the program was provided after the posttest was completed. t-test, Mann-Whitney test, and ${\chi}^2$-test were used to analyze data. Results: The level of smoking temptation, internal motivation and stage of smoking cessation had significant change in comparison to the pretest whereas the control group did not exhibit these changes. Conclusion: The results of the study indicate that a smoking cessation motivational program for adolescents is an effective strategy to increase smoking cessation motivation in adolescents, and can be utilized as an effective intervention for adolescents who smoke.

• Korea journal of population studies
• /
• v.29 no.1
• /
• pp.97-131
• /
• 2006

This study analyses the relationship between mothers and adolescent children in current Korean society from an exchange perspective. Utilizing the 6 types of resources, I. e., service, goods, money, information, status, and affection, suggested by Foa et. al. and the distinction between positive exchange (rewards) and negative exchange (punishments), it explores what resources are exchanged, how the resources exchanged are valued by each party, whether the exchange is symmetrical or asymmetrical, and if gender and age of the child affects the exchange. A survey was conducted to 150 children--from middle school aged to college going, and their cohabiting mothers in the metropolitan Seoul. The overall findings are as follows: Positive exchanges are dominant over negative exchanges. The exchange of positive exchanges occur asymmetrically within each resource type, with the exception of affection which is exchanged in a more equal term. In general, children receive positive resources more often, but mothers value the resources given by their children more highly. Negative resources are exchanged in more symmetrical terms. Negative resources exchanged more frequently tend to have weaker negative valence. Daughters maintain a more intensive exchange relation with their mothers than sons do, and this pattern is especially prominent in the exchanges of information and affection. The age of the child has a weak effect on the exchange.

• The Journal of the Institute of Internet, Broadcasting and Communication
• /
• v.17 no.2
• /
• pp.141-146
• /
• 2017

New infectious diseases such as MERS have been in need of many measures such as initial discovery, isolation, and crisis response. In addition, the culture of hospitals is changing, such as the general public 's visiting and Nursing Care Integration Services. However, as the qualifications and regulations of medical personnel in hospitals become rigid, overseas such as linens, wastes movements are replacing possible works with robots. we have developed a hospital logistics robot that can carry out various goods delivery within a hospital, and can move various kinds of objects safely to a desired location. In this thesis, we have studied a hospital logistics robot that can carry out various kinds of goods delivery within the hospital, and can move various kinds of objects such as waste, and linen safely to a desired location. The movement of a robot in a hospital may cause a collision between a person and an object, so that the collision must be prevented. In order to prevent collision, it is necessary to recognize whether or not an object exists in the movement path of the robot. And if there is an object, it should recognize whether it moves or not. In order to recognize human beings and objects, we recognize the person with face/body recognition technology and generate the context awareness of the object using 3D Vision image segmentation technology. We use the generated information to create a map that considers objects and person in the robot moving range. Thus, the robot can be operated safely and efficiently.

• International Commerce and Information Review
• /
• v.15 no.4
• /
• pp.241-265
• /
• 2013

The purpose of this paper is to examine the Banks's Examination of Documents in the L/C Transactions. Most of all, this article deals with one of most important aspects of the law on documentary credits, namely, the compliance of documents presented with the terms and conditions of a letter of credit. In addition, the general principles of strict compliance will be considered and in the next, the requirements of specific documents such as invoices, transport documents and insurance policies. This area of letter of credit law is shaped not only by judge-made decisions but also the articles of Uniform Customs and Practice for Documentary Credits, the International Standard Banking Practice(ISBP Publication No.745) prepared by the Banking Committee of the International Chamber of Commerce as well as the position papers and opinions of the latter. Whether a document complies with the terms of a letter of credit is essentially a matter of examination and construction of the document in question against the terms of the letter of credit under which it is presented, articles of the UCP, ISBP as well as the opinions and statements of the Banking Committee. Most of all this article was focused on provisions of UCP600. Comparison with provisions of UCP500 have been drawn where appropriate.

• Child Health Nursing Research
• /
• v.19 no.1
• /
• pp.1-11
• /
• 2013

Purpose: This study was done to develop a scenario and evaluate student performance in simulation learning of care for children with respiratory distress syndrome in neonatal intensive care units. Methods: To test the application effect, a one group pre-test design was applied. The scenario based on actual patients and textbook material was developed through several meetings of experts. The scenario was used with 17 groups of 55 senior nursing students who participated voluntarily. Results: Contents were organized focusing on the nursing process for simulation learning. In the application of knowledge and skills, nursing students had high scores in the contents of observation of oxygen saturation, and care to relieve dyspnea. Participants' ability, especially in suction and oxygen supply in the evaluation of objective structured clinical examination was not adequate. There was a significant positive correlation between problem-solving ability and satisfaction in learning. Conclusion: The respiratory distress syndrome simulation scenario developed in this study was an effective tool to give students experience in problem solving and critical thinking ability under conditions similar to reality. The development of various scenarios for child nursing care is needed.