• 제목/요약/키워드: Bill

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A Study on the Identification between Shipowner and Charterer to Sue for the Liability of Transportation -Focused on English and Canadian Common Law-

  • 정성훈
    • 통상정보연구
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    • 제8권4호
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    • pp.147-156
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    • 2006
  • In all cargo cases one of the first things the person handling the claim must do is decide who is potentially liable as a carrier of the goods. This issue arises because bills of lading often do not identify the carrier. The "carrier" could be the shipowner or the charterer or both. The issue of the identity of the "carrier" is a question of fact. The question to ask in each case is who undertook or agreed to carry and deliver the goods. The answer to this question will largely depend on the facts. The shipowner is almost always liable as a carrier under Common law provided there is no demise charter of the ship. The more recent case law, however, suggests that in the usual situation both the charterer and shipowner will be liable. Accordingly, both the owner and charterer should be put on notice of any claim and, in the event an extension of suit time is required, the extension should be obtained from both. An alternative method by which the charterer can avoid liability is to insert and 'Identity of Carrier' clause in the bill of lading.

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디지털 수량산출에 기반한 건축공사 내역서 구성에 대한 연구 (A Study on Improvement for Organizing Construction Bill of Quantity based on Digital Quantity Take-Off)

  • 송아름;강기수;윤석헌
    • 한국건축시공학회:학술대회논문집
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    • 한국건축시공학회 2014년도 춘계 학술논문 발표대회
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    • pp.198-199
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    • 2014
  • In construction management the estimation procedure of construction expanses follows a series of submission phases: production of drawings, the assessment report, and the expanse report. In South Korea, it is a widely known issue that the expanse report only includes the net expanses at each construction phase and part, which makes it difficult to trace detailed basis from the records. This issue with inefficient record management should pose a number of problems, which result from discontinuation of construction record, unproductiveness for reproduction of records at each construction and submission phases for construction management, and failure to perform fair management among the contracting parties. Thus, the amendment in which the assessment report and the quantity estimation report reflect common codes to share throughout types of construction, space, and parts should be applied into practices so as to model production of acceptable reports and record.

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호스피스기관 간호사의 호스피스 법제화에 대한 인식 (Nurses' Perception on Hospice Law in Hospice Institutions)

  • 김기경;이정렬;김광숙;조윤희
    • 간호행정학회지
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    • 제14권3호
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    • pp.332-343
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    • 2008
  • Purpose: The purpose of this study was to investigate the nurses' perception on hospice law in hospice institutions using questionnaire and to recommend bill of hospice law. Method: The data were collected from 95 nurses who have experienced in hospice care using a self-completion questionnaire. To analyze prescriptive data, content analysis was done using an analysis scheme developed by the investigators. Results: The separate hospice law suggested was types and purpose of law, certification of patient, living will and right to attorney, staff, institutions, service, and payment. The analysis scheme consisted of 6 categories and 17 subcategories. 83 significant statements were analyzed and categorized. Hospice nurses indicated that their operation, financing, manpower, institution, patient right, drug management is needed to enact for bill. Conclusions: The results of this study on hospice law contents will contribute to build the national hospice system in Korea.

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Third Party Funding in International Arbitration and its most current Development in Asia -Issue of Security for Costs and its main Cases

  • 김세진;김대중
    • 한국중재학회지:중재연구
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    • 제29권4호
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    • pp.77-100
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    • 2019
  • Third-party funding in international and domestic disputes is a fast-growing trend and it is increasingly used by large, solvent companies that simply wish to share risk in their finance. On January 10, 2017, the Civil Law Amendment Bill was passed in Singapore and on June 2017 an "Arbitration and Mediation Legislation (Third Party Funding) Bill" in Hong-Kong had a third-party funding to finance the international arbitration and other dispute resolutions expressly approved. This arbitral tribunal's expanding discretion over critical interim measure of security cost was in issue. In Essar v. Norscot (2016), the arbitrator found that the additional third-party funding costs were recoverable as "other costs of the parties." In here, the decision showed the issue of a tribunal's power over cost measures could spread out to be reviewed and broadened through the legislative process. A recent investor-state arbitration case of ICSID, RSM Production Corporation v. Saint Lucia, covered the express awarding of security for costs where a claimant was funded by a third-party funder. It seems inevitable that the volume of third-party funding industry will grow more as time goes on. The next step would be to formulate guidelines on how to determine criteria against which an application for security for costs is measured.

건설 하도급공사에서 현금성결제수단 적용의 타당성 분석 (A Feasibility Study on Semi-Cash Payment of Construction Subcontracting)

  • 구정산;정성훈;엄익준;구교진
    • 한국건설관리학회:학술대회논문집
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    • 한국건설관리학회 2004년도 제5회 정기학술발표대회 논문집
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    • pp.311-316
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    • 2004
  • 전문건설업계는 공사대금의 미 회수 등 외부요인에 의한 경영악화가 심화되고 있으며, 장기어음수급에 따른 어음 할인료부담 가중으로 공사의 채산성이 악화되고 있다. 이에 따라서 정부는 현금성결제수단을 도입하였으나 현재 이행실태가 일부 기업을 제외하고 미미한 실정이다. 따라서 본 연구는 현금성결제수단 중 기업구매자금 대출수단에 대해 타당성을 분석하고 손익기준점을 통한 경제적인 대금지급수단의 기준안을 제시하고 기초적인 데이터를 제공하는데 목적이 있다.

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스마트 그리드에 그린 IT 활용 연구

  • 정현수;김병식;왕미경;김종훈;한명지
    • 한국데이타베이스학회:학술대회논문집
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    • 한국데이타베이스학회 2010년도 춘계국제학술대회
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    • pp.33-41
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    • 2010
  • Recently the number of IT equipment have increased. It consumes large amounts of energy and is emissions of greenhouse gases. Co2 emissions with the PC and the monitor has the highest percentage to 39% more than other IT equipment. In addition, Plan for your PC's power management and technology development is being pursued in developed countries. To reduce energy costs of organizations with large numbers of the PC and to cut down on Co2 emissions, the energy load control technology of ACPI standards-based PC IS suggested. AMI-based PC power-management system was constructed, Approximately 20% of operating a result of the test power consumption was reduced. Looking at the case of the United States, PC monitors from the University of Wisconsin-Oshkosh was Sleep mode. As a result, the monitor on a, $ 20 for a year reduced energy costs. In GE(General Electronic), Approximately 75,000 PC's power setting time was Monitor Off :15 minutes/ Hard Drives Off 30 minutes/ System Standby 30 minutes/ Hibernation mode 2 hours. 1 year, electric bill was $ 2.5 million savings and 3 years electric bill was $ 6.5 million savings. Measuring energy usage data, using the measured data, electric energy management technology is not. Platform development to measure energy usage for Individual energy-consuming equipment is urgently required.

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Developing a Data Model of Product Manufacturing Flow for an IC Packaging WIP System

  • Lin, Long-Chin;Chen, Wen-Chin;Sun, Chin-Huang;Tsai, Chih-Hung
    • International Journal of Quality Innovation
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    • 제6권3호
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    • pp.70-94
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    • 2005
  • The IC packaging industry heavily relies on shop floor information, necessitating the development of a model to flexibly define shop floor information and timely handle manufacturing data. This study presents a novel data model of product manufacturing flow to define shop floor information to effectively respond to accelerated developments in IC package industry. The proposed data model consists of four modules: operation template setup, general process setup, enhanced bill of manufacture (EBOMfr) setup, and work-order process setup. The data model can flexibly define the required shop floor information and decision rules for shop floor product manufacturing flow, allowing one to easily adopt changes of the product and on the shop floor. However, to handle floor dynamics of the IC packaging industry, this work also proposes a WIP (i.e. work-in-process) system for monitoring and controlling the product manufacturing flow on the shop floor. The WIP system integrates the data model with a WIP execution module. Furthermore, an illustrative example, the MIRL WIP System, developed by Mechanical Industrial Research Laboratories of Industrial Technology Research Institute, demonstrates the effectiveness of the proposed model.

해상운송계약(海上運送契約)에서 선화증권(船貨證券) 이로조항(離路條項)의 유효성(有效性)에 관한 고찰(考察) (A Study on the Validity of the Deviation Clause of B/L in the Contract for the Carriage of Goods by Sea)

  • 강병창;조종주
    • 무역상무연구
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    • 제18권
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    • pp.137-157
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    • 2002
  • The clauses of bill of lading(B/L) consist of the terms of contract for the carriage of goods by sea because of clauses of B/L by the mutual agreement of contracting parties. There are some exempted cause of deviation clause in B/L for specific reasons. Then deviation clauses are influenced by Rules of international carriage of goods by sea, because the international rules become the governing law of contract for the carriage of goods by sea. The problem of deviation clauses in B/L is stipulated as follows. "It shall be prerequisite to the Merchant' claim for damages on account of deviation that the merchant's insurance shall first have been cancelled on account of alleged deviation. No deviation shall oust the right to limit liability or damages, and the Carrier shall always be entitled to the full benefit of all privileges, rights and immunities contained in this Bill of Lading and incorporated tariffs." This stipulation should be adjusted according to the confirmed cases, otherwise it will be invalid according to the Hague Rules and Hamburg rules. The sphere of a reasonable deviation in the deviation clause should be interpreted in the connection with the designed voyage and the commercial object of contract for the carriage of goods by sea and the deviation become valid unless the policy, the general object of international rules or the true intention of contracting parties has violated.

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Is the Legal Basis for Physical Therapist's Home-Based Rehabilitation Appropriately Prepared?

  • Kim, Won-Su;Shin, Jun-Bum;Yun, Hye-Lyeong
    • The Journal of Korean Physical Therapy
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    • 제32권4호
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    • pp.258-265
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    • 2020
  • Purpose: This study examined the legal basis related to a physical therapist's home-based rehabilitation. Methods: The policy data were referenced to the comprehensive plan for national health promotion and the guidebook Community Health Promotion Project issued by the Korea Health Promotion Institute and other institutes. The legal data were referenced to the Bill information system on the National Assembly website. Results: The physical therapist's home-based rehabilitation did not have a legal basis in the community-based rehabilitation project (CBR) of the HP 2020 project. On the other hand, according to the Home health care part of the community health promotion project that began in 2013, physical therapists were allowed to play a role from 2020 under Article 16-2 (Public Officials in Exclusive Charge of Visiting Health Management) of the REGIONAL PUBLIC HEALTH ACT. Conclusion: Policies and laws are being developed in the field of healthcare, but the necessary policies and laws in the field of rehabilitation are still insufficient. A bill to rehabilitate in a variety of fields and spaces by modifying the scope of work of physical therapists will be needed.

선화증권 상의 Retla 약관의 유효성에 관한 연구 (A Study on the Validity of the Retla Clauses in Bills of Lading)

  • 최명국
    • 무역상무연구
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    • 제61권
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    • pp.93-111
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    • 2014
  • In this article, I have reviewed the validity of the Retla Clauses in bills of lading. In Tokio Marine(1970), US courts have permitted carriers to include Retla Clauses in their bills of lading that essentially disclaim all responsibility for the required statement. Simon J in The Saga Explorer(2012) disagreed with the decision of no representation in Tokio Marine and held that the statement with the Retla Clauses made on the bills of lading as to the cargo's apparent condition was a fraudulent misrepresentation. Simon J also requested a strong carriers' honest conduct. However, because the shippers always request the clean bill of lading for trade purpose and never call for a substitute bill of lading showing the true condition of goods, carriers will inevitably continue to clause bills of lading if they have no other better way of protecting themselves in the situation of Tokio Marine or The Saga Explorer. For the present, the decision of misrepresentation in The Saga Explorer might be helpless to change the position of the assignees of the bills of lading. And it seems that the debate on the validity of the Retla Clauses in bills of lading will be continued for the time being. In these circumstances, if the buyers hope to void the potential dispute, they may have a special agreement in the sale of goods contract, for example, requiring a pre-shipment inspection of the goods so as to know the actual condition of the goods on shipment.

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