• Title/Summary/Keyword: 재산처분

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A Study on Interim Measures of Commercial Arbitration in China (중국 상사중재에서의 임시적 처분 조치에 관한 연구)

  • Qing-Tang;Hae-Ju Kim;Eun-Ok Park
    • Korea Trade Review
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    • v.48 no.4
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    • pp.67-92
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    • 2023
  • In international commercial arbitration, interim measures play a crucial role in enforcing arbitral awards by prohibiting a party from hiding assets or destroying any evidence which are critical during arbitral proceedings before the arbitral tribunal renders a final award. While Chinese commercial arbitration system acknowledges interim measures, it has faced criticism for perceived deviations from the evolving international arbitration trends. Nevertheless, recent developments indicate that China is actively aligning itself with the global trend in promoting international commercial arbitration, leading to notable changes in interim measures. This paper aims to examine the prevailing international trends of interim measures in commercial arbitration and conduct an analysis of the current status of interim measures in Chinese commercial arbitration by analysing some relevant cases and regulations. By doing so, it can provide practical insights to Korean companies on how to effectively utilize interim measures when they settle their disputes by arbitration with Chinese counterparts.

남은 음식물 급이 중단, 법개정 서둘러야 한다

  • 장일광
    • KOREAN POULTRY JOURNAL
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    • v.36 no.7 s.417
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    • pp.109-111
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    • 2004
  • 산란계 및 육계, 오리 산업의 발달로 고밀도 사육 추세로 전에 없던 많은 질병이 발생하고 있어 행정당국 및 양축 농밀들은 많은 예산을 투입하여 질병 예방에 전력하고 있음에도 2003년 12월 국내에서는 처음으로 고병원성 가금인플루엔자가 발생하였다. 고병원성 가금인플루엔자 발생으로 오리 10농가, 닭 9농가로 총 19농가의 오리$\cdot$닭 560만 여수가 살처분되어 보상비만 1,500억원이 직접 소요되었다. 처음 오리 농장에서 발병, 인근농가로 살처분이 확대되어 위생적으로 관리하는 농가도 선의의 피해를 입게되면서 안타까움을 더 해줬다. 당국의 철저한 차단 방역으로 재발병 및 전파에 전력하였으나 2004년 3월 20일 양주시 은현면에서 남은 음식물을 사료화하고 일반 산란농가에서 노계로 도태되는 수명이 다한(정상사료 급여로는 경제성이 없는 노계) 닭을 저렴한 가격으로 구입, 서울 등지에서 수거한 남은 음식물을 적당히 가열, 살균 조치가 의심스러운 남은 음식물을 처리수수료까지 받으며 급여하던 농가에서 발병, 인근 3km 이내의 10여 농가 40여만수를 살처분하여 막대한 재산상의 손실을 초래하였다.

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주택임대와 소득세 신고요령

  • 임현석
    • Electric Engineers Magazine
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    • v.178 no.6
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    • pp.50-51
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    • 1997
  • 국세청은 금년도 소득세 확정신고와 관련하여 주택임대 소득세는 금융소득과 함께 자산소득이므로 다른 소득과 합산하여 신고하여야 한다. 주택의 보유는 임대주택법에 의한 주택임대 사업자를 제외한 주택이므로 매우 민감하고 신고절차가 까다롭다. 주택의 임대는 자녀교육, 요양, 근무형편 등의 이유로 소유주택에 살지 못하고 세를 주거나 신주택을 구입하고도 구주택을 처분하지 못하거나 또는 재산을 증식하기 위하여 여러채의 주택을 소유하는 경우 등이다.

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A Complementary Analysis for the Structural Safety Evaluation of the Spent Nuclear Fuel Disposal Canister for the Canadian Deuterium and Uranium Reactor (중수로(CANDU)용 고준위폐기물 처분용기의 구조적 안전성 평가 보완 해석)

  • Kwon, Young-Joo
    • Journal of the Computational Structural Engineering Institute of Korea
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    • v.22 no.5
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    • pp.381-390
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    • 2009
  • In this paper, a complementary analysis for the structural safety evaluation of the spent nuclear fuel disposal canister developed for the Canadian Deuterium and Uranium(CANDU) reactor for about 10,000 years long term deposition at a 500m deep granitic bedrock repository has been performed. However this developed structural model of the spent nuclear fuel disposal canister which has 33 spent nuclear fuel baskets and whose diameter is 122cm is too heavy to handle without any structural safety problem. Hence a lighter structural model of the spent nuclear fuel disposal canister which is easy to handle has been required to develop very much. There are two methods to reduce the weight of the CANDU canister model. The one is to alleviate severe design conditions such as external loads and safety factor. The other is to optimize the cross section shape of the canister by reducing the spent nuclear fuel basket number. Hence, in this paper a complementary analysis to alleviate such severe design conditions is carried out and simultaneously structural analyses to optimize the cross section shape of the canister by reducing the spent nuclear fuel basket number below 33 are carried out by varying the external load and the canister diameter for the reduction of the canister weight. The complementary analysis results show that the diameter of canister can be shortened below 122cm to reduce the weight of the spent nuclear fuel disposal canister.

Legal Issues regarding the Exercise of Claim of Return for Secured Portions - focusing on Supreme Court Decision 2010DA50809 Delivered on May 24, 2012- (유류분반환청구권의 행사에 관한 법적 쟁점 -대법원 2012. 5. 24 선고 2010다50809 판결을 중심으로-)

  • Chung, Ku-Tae
    • The Journal of the Korea Contents Association
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    • v.12 no.9
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    • pp.202-210
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    • 2012
  • Since Civil Law recognizes the freedom of a testament, it recognizes the freedom allowing the decedent to dispose his/her own property at his/her own intention. However, in order to prevent various abuses which may occur when the principle of freedom of testament is carried out unlimited, secured portion system is stipulated. So, absolute freedom of property disposed by the deceased is limited. Likewise, the secured portion system is introduced as the system to resolve the contradiction that exists between principle of freedom of testament and legal inheritance. Since Supreme Court Decision 2010DA50809 delivered on May 24, 2012 includes major legal issues such as how to exercise of claim of return for secured portions, transfer of the secured proportion or the claim of return for secured portions, and exercise of claim of return for secured portions against a third party. So, it has a very important meaning. In this paper, legal issues regarding the exercise of claim of return for secured portions have been reviewed with this decision.

Division of Inherited Property by Agreement and Legal Rescission -focusing on Japanese Supreme Court Decision delivered on February 9, 1989- (상속재산협의분할과 법정해제 -일본(日本) 최고재판소(最高裁判所) 1989. 2. 9. 판결(判決)을 소재로 하여-)

  • Chung, Ku-Tae
    • The Journal of the Korea Contents Association
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    • v.13 no.1
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    • pp.175-185
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    • 2013
  • The judgement which is subject of research has denied legal rescission of division of the inherited property by agreement based on (1) the fact that the division of inherited property terminated at the time of concluding mutual agreement in its nature while only the relationship of claim and obligation between the inheritor who has paid for such obligation and the inheritor who has acquired such obligation in the mutual agreement remains (2) and the fact that the legal stability is considerably hindered as the re-partition of inherited property having retroactive effect becomes unavoidable in case of approving the legal rescission of the division of the inherited property by agreement. But it is reasonable to also approve legal rescission on the division of the inherited property by agreement in case the division by agreement actually has the nature such as conditional donation between joint heirs (1) from the fact that the division of the inherited property by agreement gets the nature of disposal equivalent to exchange, transfer and abandonment of share between joint heirs in actuality, (2) and the fact that there are no other theories in approving the validity of mutually agreed rescission despite the fact that the re-partition of inherited property having retroactive effect is unavoidable even in case of the mutually agreed rescission of the division by agreement among all joint heirs. However, as the division of the inherited property by agreement is a contract that gets concluded only if all joint heirs participate, even the legal rescission for the reason of not fulfilling the obligations paid by one party of the heirs during the division by agreement must be considered as possible only by expression of intentions from all other joint heirs excluding this one party.

Review of 2021 Major Medical Decisions (2021년 주요 의료판결 분석)

  • Park, Taeshin;Yoo, Hyunjung;Lee, Jeongmin;Cho, Woosun;Jeong, Heyseung
    • The Korean Society of Law and Medicine
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    • v.23 no.2
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    • pp.171-209
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    • 2022
  • There were also many medical-related rulings in 2021, among which the rulings reviewed in this paper are as follows. The first relates to a case in which the medical record, which is the primary judgment data regarding the presence or absence of medical negligence, has been modified. The court judged whether there was negligence on the basis of the first written medical record without considering the contents of the medical record that was later modified. Next, the ruling on the case of asking for liability for damages for prescription of anti-obesity drugs recognized negligence related to prescription, but denied liability for property damage by denying a causal relationship, and recognized only alimony for violation of the duty of explanation. The a full-bench ruling on the scope of subrogation of the National Health Insurance Corporation, which subrogates the claims for compensation for medical expenses against the perpetrator of the patient, changed the existing precedent that had taken the 'deduction method after offsetting negligence' and judged it as 'the method of offsetting negligence after deduction'. In addition, in the ruling on whether or not there was negligence, the court was not bound by the medical record appraisal result. Lastly, in relation to the National Health Insurance Service's disposition of reimbursement for medical care benefit costs, we reviewed the ruling that discretion should be exercised even when a non-medical person makes a refund to a medical institution opened by a non-medical person. And we also reviewed the ruling that the scope of reimbursement for medical institutions jointly using facilities and manpower specifically should be determined.