• Title/Summary/Keyword: 보증책임

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Analysis on Legal Issue of Lawsuits and Subjective Judgment on Defects in Apartment Building (공동주택 하자소송의 법률적 쟁점사항과 판정체계분석)

  • Park, Jun-Mo;Seo, Deok-Seok;Choi, Jeong-Hyun;Kim, Ok-Kyue;Park, Kang-Woo;Jo, Jae-Hun
    • Journal of the Korea Institute of Building Construction
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    • v.12 no.1
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    • pp.42-53
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    • 2012
  • Lawsuits related to defects in apartment buildings involve a range of legal issues, based on which the current subjective judgment system has been established. This study aims to organize the judgment system by stage of lawsuit from a legal perspective by reviewing the factors dealt with in precedent research. The main issues at hand include assignment of obligation, the day on which the computation of exclusion period begins and the day on which the defect repair is completed. The rationality of the current subjective judgment system could be determined by reviewing the recent cases. Based on the findings of the review, the following are suggestions for improvements and complements of the system. First, the process of assignment of obligation should be systemized, and the guarantee insurance system that provides a warranty deed should be improved as well. In addition, improvements and systemization should be made to clarify the responsibilities for any defect arising from the agreements that are not stipulated on the contract, computation of abatement rate of compensation and the system by which the responsibility for the defects is completed when residents acquire ownership from rental status.

Post-corona and semiconductor industry: The risk of separation of the semiconductor value chain triggered by Corona 19 and the response strategy of the Korean semiconductor industry (포스트 코로나와 반도체 산업 : 코로나19로 촉발된 반도체 밸류체인 분리 위험과 한국 반도체 산업의 대응전략)

  • Kim, Kiseop;Han, SeungHun
    • Journal of Technology Innovation
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    • v.28 no.4
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    • pp.127-150
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    • 2020
  • The World Health Organization (WHO) declared the third pandemic in history after the Hong Kong flu and swine flu. The outbreak of Corona 19 dramatically reduced exchanges between countries, while rapid contagion created a time gap in economic fluctuations by country. In January 2020, the trade dispute between the US and China entered into a consensus phase, but the economic decoupling phenomenon caused by Corona 19 made it difficult for China to balance trade with the US and made it difficult to comply with the terms of the trade dispute agreement between the US and China. President Trump attributed the responsibility for the spread of Corona 19 to China, and pointed out that the cause of the economic downturn was the infringement of Chinese trade secrets and illegal copies, and protectionism arose. As a result, China protested fiercely, and the conflict with the United States deepened. The US has declared trade sanctions on Huawei and SMIC, which are key companies in China's semiconductor industry, and is predicting the risk of a disconnection of the semiconductor value chain between the US and China. The separation of the value chain of the semiconductor industry has the potential to have a big impact on the semiconductor industry, a structure that is highly specialized and monopolized by certain countries and companies in the value chain. This paper aims to deal with the risk of disconnection in the semiconductor value chain between the US and China reignited by Corona 19, the impact and change of the global semiconductor industry value chain, and the response strategies of Korean semiconductor companies.

The Definition of Connecting Flight and Extraterritorial Application of Regulation (EC) No 261/2004: A Case Comment on Claudia Wegener v. Royal Air Maroc SA [2018] Case C-537/17 (EC 261/2004 규칙의 역외적용과 연결운항의 의미 - 2018년 EU사법재판소 Claudia Wegener v. Royal Air Maroc SA 판결의 평석 -)

  • Sur, Ji-Min
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.103-125
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    • 2020
  • This paper reviews the EU Case, Claudia Wegener v. Royal Air Maroc SA [2018] ECLI:EU:C:2018:361, Case C-537/17. It analyzes some issues as to Wegener case by examining EU Regulations and practical point of views. Article 3(1)(a) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, entitled scope, provides: "this Regulation shall apply: (a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies; (b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier." ECJ held that must be interpreted as meaning that Regulation (EC) No 261/2004 applies to a passenger transport effected under a single booking and comprising, between its departure from an airport situated in the territory of a Member State and its arrival at an airport situated in the territory of a third State, a scheduled stopover outside the European Union with a change of aircraft. According to the Court, it is apparent from the regulation and case-law that when, as in the present case, two (or more) flights are booked as a single unit, those flights constitute a whole for the purposes of the right to compensation for passengers. Those flights must therefore be considered as one and the same connecting flight.