• Title/Summary/Keyword: 상법

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A Comparative Study between International Convention and National Legislation in Respect of the Liability of the Carrier in the Carriage of Cargo by Air (항공화물운송인의 책임에 관한 국제협약과 국내입법의 비교연구)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.19-45
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    • 2009
  • The purpose of this paper is to research the contents and issues of the draft legislation of Part VI the Carriage by Act of Korean Commercial Code in respect of the liability of the carrier in the carriage of cargo by air, comparing to the related provisions of the Montreal Convention of 1999. The Montreal Convention in respect of the international carriage by air was adopted in 1999, and Korea has ratified the Montreal Convention in 2007. However, there is now no national legislation in respect of the carriage by air in Korea. Thus, the Ministry of Justice has prepared the draft legislation of Part VI the Carriage by Air of the Korean Commercial Code in July 2008, and the draft legislation is now being reviewed by the National Assembly. The draft provisions of Part VI the Carriage by Air are basically adopting most of the related provisions of the Montreal Convention in respect of the carriage of cargo by air and some draft provisions are applying the related provisions of the Korean Commercial Code in respect of the carriage of cargo by land and sea. In respect of the liability of the carrier in the carriage of cargo by air, the contents of the draft legislation of Part VI the Carriage by air are composed of the provisions in respect of the cause of the liability of the and the application for the non-contractual claim, the limit of liability, the exoneration from liability, the extinguishment of liability, the notice of damage to cargo, the liability of the agents and servants of the carrier, and the liability of the actual carrier and successive carrier. The draft legislation of the Carriage by Air of Korean Commercial Code is different from the provisions of the Montreal Convention is respect of the liability of the carrier in the carriage of cargo by air as follows : the draft Article 913 paragraph 1 provides additionally the riot, civil war and quarantine as the exoneration causes from the liability for damage to the cargo of the carrier in the Article 18 paragraph 2 of the Montreal Convention. In respect of the liability of the carrier in carriage of cargo by air, the draft legislation of Part VI the Carriage by Air does not provide the settlement by arbitration of dispute relating to the liability of the carrier and the requirement of adequate insurance covering the liability of the carrier which are provided in the Montreal Convention. In author's opinion, it is desirable that the above mentioned provisions such as the arbitration and the insurance shall be inserted into the draft legislation of the Carriage by Air of Korean Commercial Code. In conclusion, the legislation of Part VI the Carriage by Air of the Korean Commercial Code shall be made by the National Assembly as soon as possible for the smooth and equitable compensation for damage to cargo arising during the carriage by air.

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미통상법 301조와 지적소유권 - 강한 대처방안새워 위기 넘겨야

  • 진금섭
    • 발명특허
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    • v.10 no.12 s.118
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    • pp.66-67
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    • 1985
  • '어쨌던 오똑이와 같은 한민족의 끈질긴 얼이 발휘되어 지적소유권의 발등의 불이 잘 진화되었으면 하는 마음 간절하며 301번지의 301빌딩사무소에서 301건에 시달리는 조국의 지적소유권분야에 미력하나마 도움이 되었으면 하는 마음 간절하며…'

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Implant impression using closed mouth impression technique: a case report (폐구인상채득법을 이용한 임플란트 인상채득 증례)

  • Kim, So-Yeun;Kim, Joo-Hyeun;Jung, Kyoung-Hwa;Jeon, Hye-Mi;Kang, Eun-Sook;Yun, Mi-Jung
    • Journal of Dental Rehabilitation and Applied Science
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    • v.33 no.3
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    • pp.223-229
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    • 2017
  • Closed mouth impression technique by using bite tray is preferred for single tooth impression taking. However, for implant impression taking, open mouth impression technique by using single arch tray is generally used whether it is for single implant or multiple implant. Closed mouth impression technique by using bite tray can save time and materials. It also decreases the chance of error occurrence when a model is mounted on an articulator. In this case report, we tried to show a satisfying result of fabricating single implant fixed prosthodontics after bite tray impression taking by using two different copings for closed mouth impression.

Effect of Direct Emulsification Method and Invert Emulsification Method On Droplet Size of O/W Emulsion (O/W 에멀젼 입자의 크기에 미치는 Direct 유화법과 Invert유화법의 효과)

  • 김철훈;박재길
    • Journal of the Society of Cosmetic Scientists of Korea
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    • v.20 no.1
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    • pp.64-81
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    • 1994
  • O/W emulsions with mixed nonionic surfactants(polyoxyethylene(20)sorbitan monostearate/sorbitan sesquioleate), liquid paraffin, water prepared by direct inversion emulisification method and continuous inversion emulsification Method. The one-step, two-step and three-step phase inversion emulsification method were used in experiments. Effect of added water on droplet size of final O/W emulsions which is prepared by phase inversion emulsification method were investigated. In direct inversion emulsification method(two-step emulsification method), fine and homogeneous droplets of OIW emulsions were formed after phase inversion steps i.e. ,W/O - (W/O) If double emulsion - O/W emulsion. In continuous inversion emulsification method(three-step emulsification method), fine and homogeneous O/W emulsion were formed after phase inversion steps i.e., W/O - pseudomicroemulsion - O/W. By latter method, more Fine and homogenuous droplets were formed than former method. 10-10, 8 HLB region of mixed non-ionic surfactants could produce most fine droplets. This HLB region had maximum values of solubilization water and This HLB value of mixed nonionic surfactants produced fine and homogenuous droplets.

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A Study of Institutional Restrictions for Private Security's Activities as for Profit Businesses (영리기업으로서 민간경비의 영업활동에 대한 제도적 제약성 고찰)

  • Gong, Baewan
    • Journal of the Society of Disaster Information
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    • v.7 no.3
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    • pp.181-189
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    • 2011
  • Private Security company concentrated on the commerciality as a for-profit businesses. Even so, his role is concerned with public welfare and public security over personal gain. Establishing a company and the business activities are free and protected by the constitutional law and the commercial law such as natural rights. However, it would be restricted in case of need for the national security affairs, public security violation and public weal problems. On the other hand, even though private security law is a for-profit businesses, the natural rights of the text of the Constitution is ignored and distinct from the different apply the rules for the establishment standard and for the business activities. Also, over a certain size of place and capital are required to establish a private security company. Therefore, this paper will study the public interests and the profits of commerciality for the private security by constitutional law and commercial law which assure and conserve the natural rights and the business activities.

Evaluation of Hybrid Downscaling Method Combined Regional Climate Model with Step-Wise Scaling Method (RCM과 단계적 스케일링기법을 연계한 혼합 상세화기법의 적용성 평가)

  • Lee, Moon Hwan;Bae, Deg Hyo
    • Journal of Korea Water Resources Association
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    • v.46 no.6
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    • pp.585-596
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    • 2013
  • The objective of this study is to evaluate the hybrid downscaling method combined Step-Wise Scaling (SWS) method with Regional Climate Model (RCM) simulation data for climate change impact study on hydrology area. The SWS method is divided by 3 categories (extreme event, dry event and the others). The extreme events, wet-dry days and the others are corrected by using regression method, quantile mapping method, mean & variance scaling method. The application and evaluation of SWS method with 3 existing and popular statistical techniques (linear scaling method, quantile mapping method and weather generator method) were performed at the 61 weather stations. At the results, the accuracy of corrected simulation data by using SWS are higher than existing 3 statistical techniques. It is expected that the usability of SWS method will grow up on climate change study when the use of RCM simulation data are increasing.

A study on the exemption of liability of air carriers (항공운송인의 손해배상책임 면제에 관한 법적 고찰)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.95-116
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    • 2015
  • Air transport agreement can be divided into air passenger contract of carriage and aviation also of the contract of carriage. And air carriers for damages greater (1) cause reason, of (2) limit reason, (3) exemption reason. Exemption reason for the extinction of the liability for damages in our Commercial Code, the Convention and domestic law are mixed. Convention on the Commercial Code and air transport, air transport people, if it is proved and that it has taken all the measures that are needed for the prevention of damage to overdue damage of passengers, liability is waived. So what was to achieve the requirements of all the actions that are reasonably necessary in any case is a problem. Amendment has the feature that the treaty for the International Air Transport reflect in accordance with the domestic situation, while being struck by international standards encompassing land, sea and air transport, even on the system. However, Commercial Code while mainly reflect the Montreal Convention governing air carrier's liability issues on the contract of carriage, a problem which the Convention had also began to occur together. So the problem due to accept the treaty to fit the domestic situation occurs. There is a need for analysis of all of the actions that are "reasonably necessary, which is defined in the Commercial Code. If there is no claim within Value Date rotor two years to air carriers on the court for the damage caused by air transport, the responsibility of air carriers disappear, sued the period of such two years, what kind of meaning on domestic law extension and stop to be whether it is interpreted, it should be determined to do their aggressive measures for the reasonable care and accident prevention.

A Review on the Air Carrier's Liability for the Cargo under the Montreal Convention and the Commercial Law through the Recent Supreme Court's Case (최근 판례를 통해 본 몬트리올 협약과 상법상 항공운송인의 책임 - 대법원 2016. 3. 24. 선고 2013다81514판결 -)

  • Kim, Kwang-Rok
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.33-66
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    • 2017
  • The Korean government enacted the Chapter 6 as of Air Transportation to the Korean Commercial Act, which was enforced in 2011, in order to treat some arguments occurred from air transportation Contracts since air transportations has rapidly increased in Korea. Air transportations has been used more in the field of international market than in the field of domestic market under it's own characteristic. Therefore, many international agreements and protocols related to the air transportations has been appeared from old times and the 1999 Convention for the Unification of Certain Rules for International Carriage by Air ("Montreal Convention") is one of them. The Montreal Convention was adopted in May 28, 1999 at International Conference of Air Law hosted by the International Civil Aviation Organization ("ICAO") in Montreal, Canada where the Headquarter of ICAO is located. The Montreal Convention has been effected from September 5, 2003 and the Korean government ratified the convention in 2007. Therefore, the Montreal Convention came in to force in Korea since 2007. This year, 2017, is the 10th anniversary year since the Montreal Convention has taken effect in Korea. However, there are rare cases that argued the Montreal Convention's scope of application and this Article examines the Korean Supreme Court's case that argued the Convention's scope of application. Thus the Article basically analyzes the case from the perspective of the Montreal Convention's scope of application and examines the Montreal Convention's articles related to the air carrier's liability and extent of compensation for damage that occurred from the international carriage by air. Also this Article analyzes the Korean Commercial Act Chapter 6, which regulated the air carrier's liability and the Article tries to make a comparison between the Montreal Convention and the Korean Commercial Act in order to draw some scheme for the betterment of Korean Commercial Act. It is the hope that the Article contribute to the improvement of Korean Commercial Act through the comparison with the chance of the 10th Anniversary of the Montreal Convention in Korea.

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The Liability Regime of the Air Carrier under the National Legislation of Korea by Adopting the Montreal Convention (몬트리올 협약을 수용한 한국의 국내 입법상 항공운송인의 책임제도)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.2
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    • pp.3-27
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    • 2012
  • The Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air was adopted in 1929. In 1999, the ICAO adopted the Montreal Convention for the Unification of Certain Rules for International Carriage by Air vastly modernizing the unification of private air law. The Montreal Convention replaced the instruments of the Warsaw system, and came into force on 4 November 2003. The Montreal Convention is not only an international convention. It has also exercised a considerable influence on national legislation. Korea has made the national legislation of the Part VI the Carriage by Air of Commercial Act on April 29, 2011, and it has brought into force on November 24, 2011. The national legislation of the Part VI the Carriage by Air of Commercial Act of Korea has the provisions on the liability for damage caused to passenger, the liability for damage caused to baggage, and the liability for damage caused to cargo. The main feature of the liability regime of the air carrier under the Montreal Convention is the two-tier liability system for death or injury of the passenger with strict liability up to 100,000 SDR and presumptive liability with a reversed burden of proof without any limit above that threshold. The national legislation of the Part VI the Carriage by Air of the Commercial Act of Korea has adopted the main principles of the liability of the air carrier under the Montreal Convention. In conclusion, the national legislation relating to the liability of the air carrier by the Korean government will contribute to settle efficiently the dispute on the carrier' liability in respect of the carriage of passengers, baggage and cargo by air, and to provide proper compensation to the passenger or consignor who has suffered damage, subject to the defenses and limitations it sets out.

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