• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.76
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• pp.77-101
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• 2017

This article provides the definitions of the negotiation of credit, the negotiating bank and the negotiation credit. It further describes a number of legal status of negotiating banks by looking into the legal relations firstly between the beneficiary and the negotiating bank and secondly between the issuing bank and the negotiating bank. This study is in large part based on relevant provisions of UCP 600 and decisions of the Supreme court of South Korea. Under UCP 600 the definition of negotiation requires the purchase by the nominated negotiating bank of the required documents by advancing funds on or before the banking day on which reimbursement is due to the negotiating bank. A negotiation credit authorizes the negotiating bank who is a nominated bank to purchase from the beneficiary the documents required by the letter of credit and to present those documents to the issuing bank for reimbursement. If the credit is to be honoured at sight, reimbursement is due when the issuing bank determines that there has been a conforming presentation. Reimbursement under a letter of credit available by acceptance or by deferred payment is due at maturity of the credit. In particular, while the timing of advance by the nominated negotiating bank is up to the parties, a promise of the negotiating bank to advance the purchase price to a fraudulent beneficiary does not confer immunity from letter-of-credit fraud prior to its performance. This requires the negotiating bank who is notified of material fraud prior to making an advance to beneficiary to avoid a loss by using the fraud.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.65
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• pp.51-70
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• 2015

The Rotterdam Rules are not phrased in favour of FOB seller's legal status. Whether it will be wise under the Rotterdam Rules to trade on the basis of cash against M/R largely depends on the interpretation of various provisions of the Rotterdam Rules. To protect his interests the M/R holder and his assigns must have a right of delivery of the cargo at the port of destination. The M/R holder and his assigns must be entitled to the bill of lading or at least be able to prevent the carrier from issuing the bill of lading to the shipper. Besides, any additional right of instruction on the part of the shipper must be blocked. Article 35 of the Rules entitles only the shipper to the bill of lading while 47 entitles only the holder of the bill of lading to delivery. When no bill of lading has been issued Article 45 grants to the shipper a right of instruction whereby the shipper is allowed to advise the carrier as to the name and the address of the consignee. I have suggested that by lack of a specific provision to the contrary the Rotterdam Rules have to be considered to be embedded in the system of law as a whole. From the Common Law it follows that a M/R holder, as owner of the cargo, can ask for delivery of the cargo. As owner of the cargo a M/R holder can also claim the bill of lading, if he does so in time, because it must be implied in the contract of carriage that the carrier must deliver the bill of lading to the owner of the goods. It is for the same reason that a M/R holder can prevent the carrier from issuing the bill of lading to any third party but the M/R holder and from taking instructions from the shipper as to name and address of a consignee other than the M/R holder.

• The Journal of the Korea Contents Association
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• v.18 no.8
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• pp.483-493
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• 2018

Through the improvement of the Labor Relations Act, the Social Insurance Act, and the Artists Welfare Act for occupational status and rights of artists, the character of workers, joining exception in the Employment Insurance Act, and applying exception in the National Health Insurance Act and the National Pensions Act should be recognized. For this, the scope of workers should be expanded through the interpretation of the court and legislation of the Labor Relations Act, and supporting range of social insurance should be expanded by applying exception in the National Health Insurance Act and joining exception in the Employment Insurance Act for artists who are currently excluded. Artists' compensation insurance that is an optional entry system and paid entirely by artists need to have effectiveness of the system through insurance support. The Artists Welfare Act also needs to be revised to strengthen legal protection for artists and it is important to secure finances for artists' welfare projects. The standard contract should be mandatory and a career certification system for artists should be established so that artists who need welfare benefits can not be omitted.

• The Journal of the Korea Contents Association
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• v.14 no.6
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• pp.186-199
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• 2014

Purpose: This study investigated experience of role conflict of geriatric nurse practitioners by qualitative study. Methods: This study is based on the qualitative research using phenomenological methodology. The research participants were 5 geriatric nurse practitioners. The data collection methodologies were in -depth interviews. The interviews were conducted 2 to 4 times where each interview lasted within the range of 30 minutes to 2 hours. The data collection and analysis were carried out simultaneously and the Colaizzi (1978) methodology was adopted for the data analysis. Results: As result of research, from 75 significant statements, 12 meaningful statements, 6 themes, and 3 clusters of themes were extracted. The 3 clusters of themes are 'Intrapersonal role conflict', 'Relationship role conflict', and 'Institutional role conflict'. Conclusion: The finding of this study suggest the legal status guarantee have to be prepared in order to resolve the role conflict of geriatric nurse practitioners.

• Journal of the Korean Institute of Navigation
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• v.14 no.3
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• pp.63-73
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• 1990

Students of the Mogpo Merchant Marine College must complete one year's shipboard training course according to IMO(International Maritime Organization) regulations as an obtaining matter of Certificate of Competency. The purpose of this shipboard training course lies int he student's acquiring practical knowledge and sill as a part of a course of study and, in the future, fostering essential adaptability and leadership, especially in bad circumstances on the sea. The shipboard training course has two kind that the students can be trained either on the training ship or on a merchant ship of the shipping company. In this paper, I only thought over the legal status of apprentice officers on the merchant ship and analyzed the problems practicably during shipboard training. This paper is made up of five chapters. The first chapter contains the purpose contents and method of this study, in the second, the meaning of shipboard practice education and training, in the third, the legal status of apprentice officers on merchant ship, in the fourth, the analysis of the provisions of the seamen act applied to apprentice officers on a merchant ship. And in the last chapter 5, the contents mentioned is summarized and directions are presented to amend the provisions of the seamen act applied to apprentice officers. The conclusions are as follows. 1.In case of shipboard training on overseas employment ship, the seamen act applied to the manning agent employing the apprentice officers should be reinforced. 2. The provisions of disembarkation in mid course by discipline of the seamen acts Article 24 should be relaxed. And the provisions in relations to seamen's duty to be a reason of discipline applied to apprentice officer among the provisions for ship's public order maintenance should be abolished. 3. The provision of repartriation completely should be applied to apprentice officers and the provisions of a journey expenditure during their embarkation or disembarkation have to be established. 4. The apprentice officers in shipboard training also need securing a basic wages provision to be criterion of an accident compensation. 5. The apprentice officers in shipboard training should not be in charge of third officer's or third engineer' study.

• Journal of Navigation and Port Research
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• v.36 no.6
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• pp.449-458
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• 2012

Recently many different floating buildings are planed and constructed in the sea, river, etc. for active use of water spaces. But many problems are occurred in the process of floating building design, construction and management due to the inadequate legal system. This incomplete legal system has become one of the critical factors which are hampering the invigoration of floating buildings. Therefore this study is to suggest preliminary data and improvement directions through a case study with domestic and foreign examples of appropriate laws and law applications concerning floating buildings. As the results of this study the laws related to floating building have to be revised in the directions of qualifying legally floating building as 'building' but not 'ship', designating 'special zone' for floating building site, and applying the established 'building licensing procedure' to floating building also.

• Convergence Security Journal
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• v.15 no.2
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• pp.25-31
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• 2015

While information and communication develop, the Electronic commerce payment system is progressing. Recently, a government established the electronic commerce activation policy which simplified a payment Through this policy, the information which the financial company monopolizes can be fused with the other industry and create the popularization use of the electronic payment service and value added services. But on the other hand, the concern for the security is very high, Accordingly, the finnancial institute take a restriction of the requirements for the participation company according to the financial scale, this policy is led by the private institue, rather making a participation of fin tech venture difficulty. This paper tries to deal with the technical and legal problems for the activation of electronic payment system and fin tech. So I will examine the security matter that follows in grifting the innovation technology onto the existing payment service and propose a desirable way to improve the current legislation.

• Korean Journal of Health Education and Promotion
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• v.12 no.1
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• pp.151-164
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• 1995

한국보건사회연구원의 조사결과에 의하면 이상적인 성비는 1960년의 160에서 1991년에는 130으로 크게 낮아졌다. 아직도 한국 부인들의 이상자녀수는 여아보다 남아가 더 많게 나타나고 있다. 남아의 가치에 대해서는 1960년대에는 노후봉양이 가장 으뜸가는 변수였으나, 최근에는 가계계승보다도 그 중요도가 떨어지고 있는 경향을 보이고 있다. 또한 정서적 유대, 즉 아들이 있어야 든든하다는 식의 주장이 보다 강한 이유로 지적되고 있다. 이러한 남아선호사상은 사회적으로 상당한 영향을 미치는 요인이 되고 있다. 즉 성비의 불균형과 장래의 결혼시장의 혼란이 초래된다는 문제가 그것이다. 예를 들면 현재 셋째 및 넷째 아이의 성비가 크게 상승하고 있는 문제이다. 즉, 1992년의 경우 첫째 아이의 출생성비는 여아 100명당 남아 196.5이고, 넷째 아이의 경우는 229.0으로 더욱 높게 나타났다. 그리고 2000년에는 결혼적령의 남녀 성비의 차이는 신부보다 신랑이 19.1%나 많아질 것이며, 이러한 차이는 2010년에 가면 더욱 심화되어 신부감보다 신랑감이 무려 28.6%가 초과될 전망이다. 가뜩이나 농촌 총각들이 장가 들기가 어려운 터에 장가 못갈 총각이 크게 늘어날 수 밖에 없는 사정이 된다면 사회적으로 큰 혼란이 야기될 것임에 틀림없다. 이러한 성비의 불균형이 초래되는 배경은 남아선호사상의 잔존으로 저출산 내에서 태아의 성을 감별함으로써 선택적인 인공유산을 하는데서 비롯되는 것으로 볼 수 있다. 따라서 현재에도 불식되지 않고 있는 남아선호사상에 대한 주의를 다시 한번 환기시켜야 할 것이다. 특히 이 분야의 보다 깊은 연구를 지속적으로 실시하여 대응전략의 제시에 노력해야 할 것이며, 우선 무엇보다도 여성들의 사회적 지위향상 등 여권신장에 관한 정책적 노력과 더불어 교육 홍보를 통한 노력이 강화되어야 할 것이다. 아울러 태아의 성감별 등 바람직하지 못한 의술남용 행위 등을 근절토록 보다 강력한 법적 적용에도 행정력을 집중시켜 나가야 할 것이다.

• Journal of Digital Convergence
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• v.18 no.5
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• pp.17-23
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• 2020

With the advancement of AI technology, legal status and regulation issues for AI robots, and the necessity of a robot registration system are emerging. Since the shape and activity area of AI robots will no longer be limited to hardware in one country, the definition and regulation of AI robots should be expanded to a comprehensive concept including software, and information about them should be securely managed and shared by governments around the world. From this perspective, we extend 'AI robot' to the concept of Juridical AI encompassing hardware and software, and propose a method to operate the Juridical AI registration system using a permissioned blockchain called Juridical AI Chain. Since blockchain is an internationally distributed database, operating such AI registration system based on the blockchain will be a way to effectively cope with the global problems caused by the commercialization of AI robots.

• The Korean Society of Law and Medicine
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• v.14 no.2
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• pp.261-280
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• 2013

Recently several hospitals have established a new nursing position so called, 'the nurse in charge of education (NCE).' The job description of NCE is to give a detail explanation on examination or test introduced to patients or a guide for those who are not familiar to hospital facilities at the out-patients level. The motivation of NCE position is the quality improvement in patient education on the sophisticated procedures or the follow up care for medical purposes to improve their compliances, as well in delivering services for outpatients or visitors in more informative and efficient way. The application of NCEA has been turned out positive and effective in patient satisfaction and unit management. However, special attention is brought to the scope and depth of the contents of education delivered by NCE which might overlap with the duty of physicians by the Medical Act. It is needed to clarify the role and job description of NCE in the context of Medical Act. The engagement of NCE to the Advanced Nursing Practitioner (ANP) is one of the possible solutions for a duty charge on patient education since ANP is a legislatively official position with higher license of RN at master level. Further discussion is needed to elaborate and arrange the details on the scope and content of patent education among health science professionals including RN, ANP and physicians.