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Payment Refusal against Discrepancy in Transport Document under L/C Transaction (신용장거래에서 운송서류 불일치에 대한 지급거절)

  • Lee, Jung-Sun
    • Korea Trade Review
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    • v.42 no.2
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    • pp.205-225
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    • 2017
  • The study attempts to verify the case related to the notice of payment refusal by issuing bank regarding discrepancy in transport document under L/C(Letter of Credit) transaction. Considering the high portion of trade between Korea and China, Korean companies and banks in L/C transaction should be careful about many unpredictable situations. The case of this study is that Chinese seller(beneficiary) initiated a civil suit against Industrial Bank of Korea to Chinese court and Chinese courts in the first and second trials judged that the notice of payment refusal by Industrial bank of Korea doesn't satisfy Article 16, (c) (ii) (iii) in UCP 600. However, Industrial Bank of Korea implements the judgement even though the judgement is highly biased to Chinese seller. Considering the judgement by Chinese courts, the study suggests some countermeasures to Korean companies and banks which opened L/C. First, the issuing bank should describe the contents of discrepancy specifically based on Article 16, (c) in UCP 600. Second, it is necessary to insert a clause regarding governing law in the L/C contract like sales contract. Third, considering the biased judgement by Chinese court and difficulty in execution of foreign judgement in China, it is recommended to using arbitration as a method of dispute resolution such as ICLOCA and DOCDEX Rules which are international system operated by international instruments because it has legal effects to parties in L/C contracts if the issuing bank inserts arbitration clause in L/C.

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The Range of Guarantee Responsibility by an Issuing Bank of Letter of Guarantee under Mixed Settlement Method (혼합결제방식에서 수입화물선취보증서 발행은행의 보증책임 범위)

  • Lee, Jung-Sun;Kim, Cheol-Ho
    • Korea Trade Review
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    • v.41 no.2
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    • pp.231-250
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    • 2016
  • The study attempts to consider L/G(Letter of Guarantee) in a different angle, which is internationally used as a way of commercial customs and practices in a case when the consignee wants to receive the goods without the original Bill of Lading, Thus, this study focuses more on verifying the usage of L/G in Mixed Payment System and the range of guarantee responsibility by an issuing bank through case analysis. This case uses a mixed payment method of L/C(Letter of Credit) and T/T(Telegraphic Transfer) in the transaction of goods. The issuing bank of L/C issues L/G with the amount of L/C which is the same as the amount as C/I(Commercial Invoice). However the carrier deliver all goods laden under both L/C and T/T payment with the production of L/G. In this case, because the buyer is unable to pay, the seller makes a claim for damages to the carrier that the carrier delivers the goods to the buyer against L/G. Finally, the judge gives a decision that the issuing bank of L/G should pay the whole amount of the goods. In this case, the main issue of the dispute is the range of guarantee responsibility by the issuing bank of L/G. As a result of the case analysis, the study suggests two counter strategies for smooth utilization in international trade environment. First, in the case of mixed payment system, a seller should issue a commercial invoice separately based on the amount of each settlement plan in order to clarify the liability of guarantee. Second, banks should establish a new form for L/G including a sentence for verifying liabilities of the bank's side in the current form of L/G.

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Epidemiologic Characteristics of Death in Breast Cancer Patients and Health Promotion Plans : Using Korean Cancer Registry data (유방암 환자 사망의 역학적 특성과 건강증진 방안 : 국가 암등록 자료를 이용하여)

  • Young-Hee Nam
    • The Journal of Korean Society for School & Community Health Education
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    • v.24 no.1
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    • pp.1-15
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    • 2023
  • Objectives: The purpose of this study was to identify the major influencing factors of breast cancer death and to suggest policy measures to promote the health of breast cancer patients. Methods: The method of this study performed statistical analysis by applying weights to 2,300 cases of breast cancer registration statistics in Korea collected in 2018 due to the relatively small number of mortality data compared to survival. Statistical processing of the collected data was analyzed using SPSS 26.0. Results: The epidemiologic characteristics of death in breast cancer patients were 31.8% in those aged 70 years or older, and the mortality rate was 5.25 times higher in patients aged 70 years or older than those aged 39 years or younger. The anatomical site code was 36.4% in C50.4~C50.6, and the mortality rate was 1.82 times higher in C50.4~C50.6 than in C50.0~C50.1. The tumor size was 40.4% and larger than 4cm, and the mortality rate was 4.53 times higher in tumors larger than 4cm than those smaller than 1cm. The degree of differentiation was 13.9% in the poorly differentiated group, and the mortality rate was 4.38 times higher in the poorly differentiated group than in the highly differentiated group. In the hormone receptor test, non-triple negative cases were 59.6%, and the mortality rate was 0.57 times lower in non-triple negative cases than in triple negative cases. As for lymph node involvement, the presence or absence of lymph node involvement was 78.8%, and the mortality rate with lymph node involvement was 1.36 times higher than that without lymph node involvement. The survival period of 13 to 24 months was the highest at 26.5%, and the average survival period was 25.68 months (±14.830). Conclusion: A policy to advance the timing of national health examinations for early detection of breast cancer is necessary. In addition, a bill for the mandatory placement of health educators in medical institutions for patients with special diseases such as breast cancer should be prepared.

Design of a designated lane enforcement system based on deep learning (딥러닝 기반 지정차로제 단속 시스템 설계)

  • Bae, Ga-hyeong;Jang, Jong-wook;Jang, Sung-jin
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2022.10a
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    • pp.236-238
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    • 2022
  • According to the current Road Traffic Act, the 2020 amendment bill is currently in effect as a system that designates vehicle types for each lane for the purpose of securing road use efficiency and traffic safety. When comparing the number of traffic accident fatalities per 10,000 vehicles in Germany and Korea, the number of traffic accident deaths in Germany is significantly lower than in Korea. The representative case of the German autobahn, which did not impose a speed limit, suggests that Korea's speeding laws are not the only answer to reducing the accident rate. The designated lane system, which is observed in accordance with the keep right principle of the Autobahn Expressway, plays a major role in reducing traffic accidents. Based on this fact, we propose a traffic enforcement system to crack down on vehicles violating the designated lane system and improve the compliance rate. We develop a designated lane enforcement system that recognizes vehicle types using Yolo5, a deep learning object recognition model, recognizes license plates and lanes using OpenCV, and stores the extracted data in the server to determine whether or not laws are violated.Accordingly, it is expected that there will be an effect of reducing the traffic accident rate through the improvement of driver's awareness and compliance rate.

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Methods for Quantitative Disassembly and Code Establishment of CBS in BIM for Program and Payment Management (BIM의 공정과 기성 관리 적용을 위한 CBS 수량 분개 및 코드 정립 방안)

  • Hando Kim;Jeongyong Nam;Yongju Kim;Inhye Ryu
    • Journal of the Computational Structural Engineering Institute of Korea
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    • v.36 no.6
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    • pp.381-389
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    • 2023
  • One of the crucial components in building information modeling (BIM) is data. To systematically manage these data, various research studies have focused on the creation of object breakdown structures and property sets. Specifically, crucial data for managing programs and payments involves work breakdown structures (WBSs) and cost breakdown structures (CBSs), which are indispensable for mapping BIM objects. Achieving this requires disassembling CBS quantities based on 3D objects and WBS. However, this task is highly tedious owing to the large volume of CBS and divergent coding practices employed by different organizations. Manual processes, such as those based on Excel, become nearly impossible for such extensive tasks. In response to the challenge of computing quantities that are difficult to derive from BIM objects, this study presents methods for disassembling length-based quantities, incorporating significant portions of the bill of quantities (BOQs). The proposed approach recommends suitable CBS by leveraging the accumulated history of WBS-CBS mapping databases. Additionally, it establishes a unified CBS code, facilitating the effective operation of CBS databases.

The Economic Cost of the Fair Online Platform Intermediary Transactions Act: A Comparative Case Study (디지털 플랫폼 규제의 경제적 비용: '온라인 플랫폼 공정화법(안)' 사례 연구)

  • Ahn, Yongkil;Kim, Yonghwan;Song, Myungjin
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.17 no.5
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    • pp.237-250
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    • 2022
  • On September 28, 2020, the Korea Fair Trade Commission introduced a proposed bill entitled the "Fair Online Platform Intermediary Transactions Act." We quantify the impact of this proposed act on Naver, Korea's major digital platform. Finding a proper control unit is not an easy task in social science studies. We overcome this caveat by constructing a synthetic version of Naver using Abadie & Gardeazabal's (2003) synthetic control method. It appears that the economic cost of the proposed act is not negligible at all. Naver's opportunity loss amounted to 16.18% of its market capitalization (approximately 8.5 trillion won in comparison with its pre-regulation market capitalization). Any regulation-based approaches to resolving digital platform issues have both promises and pitfalls. The results highlight that regulatory bodies should carefully gauge the impact of such regulations, as we have seen with Naver's case.

Strategic Antitrust Policy Promoting Mergers to Enhance Domestic Competitiveness (기업결합규제(企業結合規制)와 국제경쟁력(國際競爭力))

  • Seong, So-mi
    • KDI Journal of Economic Policy
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    • v.12 no.3
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    • pp.153-172
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    • 1990
  • The present paper investigates the potential value of strategic antitrust policy in an oligopolistic international market. The market is characterized by a non-cooperative Cournot-Nash equilibrium and by asymmetry in costs among firms in the world market. The model is useful for two reasons. First, it is important in the context of policy-making to examine the conditions under which it may be beneficial to relax antitrust law to enhance competitiveness. Second, the explicit derivation of the level of cost-saving required for a gain in total domestic surplus provides an empirical rule for excluding industries that do not satisfy the requirements for a socially beneficial antitrust exemption. Results of the analysis include a criterion that tells how the cost-saving and concentration effects of a merger offset each other. The criterion is derived from fairly general assumptions on demand functions and is simple enough to be applied as a part of the merger guidelines. Another interesting policy implication of our analysis is that promoting mergers would not be a beneficial strategy in a net importing industry where cost-saving opportunities are thin. Cost-saving domestic mergers are more likely to increase national welfare in exporting industries. The best candidate industries for application of strategic antitrust policy are those with the following characteristics: (i) a large potential for efficiency enhancement; (ii) high market concentration at the world but not the domestic level; (iii) a high ratio of exports to imports. Recently, many policymakers and economists in Korea have also come to believe that the appropriate antitrust policy in an era of increased foreign competition may actually be to encourage rather than to prohibit domestic mergers. The Industry Development Act of 1986 and the proposed bill for Mergers and Conversions in the Financial Industry of 1990 reflect this changing perspective on antitrust policy. Antitrust laws may burden domestic firms in the sense that they have a more constrained strategy set. Expenditures to avoid antitrust attacks could also increase costs for domestic firms. But there is no clear evidence that the impact of antitrust policy is significant enough to harm the competitiveness of domestic firms. As a matter of fact, it is necessary for domestic financial institutions to become large in scale in this era of globalization. However, the absence of empirical evidence for efficiency enhancement from mergers suggests caution in the relaxation of antitrust standards.

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A Study on Regulation of Video on Demand Advertisements (주문형서비스(Video on Demand) 광고 규제에 관한 연구)

  • Cho, Dae-keun;Kim, Ki-youn
    • Journal of Internet Computing and Services
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    • v.17 no.4
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    • pp.145-159
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    • 2016
  • This study points out the problems of absence of the legislation for standard regulation on Video on Demand(VoD) advertisement which grows so fast lately, for this it recommends making legal references, which have the definition of non-linear broadcasting & VoD advertisement and VoD advertisement standard regulation in the merged Broadcasting Act, and adopting co-regulation system. Pay TV operators providing VoD service have the opportunities to make money as subscribers uses it increasingly. In case of linear service, the Broadcasting Act regulates the advertisement strictly, but not the VoD ads. The reason why is that Korean legislation including the Broadcasting Act does not have legal reference to regulate it, instead of that, it rely on the self-regulation system which is operated by pay-tv players who provide the VoD ads. So, there is the limitation to protect the minors such as children and youth from the harmful VoD ads, to be invulnerable for advertisers to influence to advertising agents, and to ensure the regulatory effectiveness under player-centric self-regulatory regime. In this context, this study analyses the how to regulate VoD ads standard with a three-pronged approach. First, it analyses the VoD ads regulation system in overseas countries, UK, Canada, EU and Ireland. Each country has the legal reference to regulate it in the Broadcasting Act or lower statures and adopts the co-regulatory regime the NRA and the 3rd entity operate together. Second, it reviews the objectives and scope of VoD ads standard. This study recommends that the objective of it is users protection and the scope of it is standard regulation not commercial practice. Third, this study researches how to legislate for regulation of VoD ads standard. Considering VoD service's characteristics(non-linear service) and legal position of Ads agency(i.e. pay tv operators), it suggest that legal reference will be in the integrated Broadcasting bill, which is the general law, not individual. If it is available to regulate VoD ads standard with co-regulatory regime, it expects the enhancement of user protection from the harmful VoD ads and make up sustainability of the pay-tv players' self-regulation.

A Study on the Environmental Characteristics of a Two-storey Pig House for the Control of Manure (고상식돈사의 분뇨처리에 관한 연구)

  • Jeong, J.W.;Yoo, Y.H.;Park, K.H.;Kam, D.H.;Lee, M.J.
    • Journal of Animal Environmental Science
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    • v.14 no.3
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    • pp.175-182
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    • 2008
  • This research was conducted to examine proper manure treatment methods for a high-rise swine barn with results of the fact-finding survey on manure treatment methods used in high-rise swine barns and sawdust swine barns In Korea. The average temperatures on bedding of control, T1, and T2 were between $25.3{\sim}25.4^{\circ}C$ with little difference. Air flow rate of T2 was slower than those of control and T1. Dust generation in control was 54 cpm which was higher than T1 and T2. The average ammonia concentration in control was highest showing 6.0 ppm, ranged from 0.5 to 14.5 ppm, with statistical difference (p<0.05), compared to T1 (2.8 ppm) and T2 (2.6 ppm). Sawdust spreading used in control and T1 decreased ammonia concentration. T1 showed the lowest concentration of $CO_2$. Water contents of control and T2 were close to the proper water content, 65%. T1 had the highest water content and pH, and the lowest organic matter and C/N ratio. The volumes of sawdust spread per head were 0.26 and $0.27m^3$ in control and T2, respectively, which was less than T1. Operating cost such as an electricity bill for blowers was cheap in T2. Hence, T2 bedding sawdust up to 10 cm thick and periodically spreading additional sawdust from second story was recommended.

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A Preliminary Epidemiologic Study on Korean Veterans Exposed to Herbicides in Vietnam War (파월국군장병의 고엽제 위해에 관한 예비적 역학조사)

  • Kim, Joung-Soon;Lee, Hyun-Sul;Lee, Hong-Bok;Lee, Won-Young;Park, Young-Joo;Kim, Sung-Soo
    • Journal of Preventive Medicine and Public Health
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    • v.27 no.4 s.48
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    • pp.711-734
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    • 1994
  • Among chemical agents in herbicides, dioxin (2, 3, 7, 8-tetrachloro dibenzo-$\rho$-dioxin : TCDD), a chemical contaminant in herbicides sprayed during the Vietnam War has been known to be the major agent causing toxic effects. Approximately 320,000 korean soldiers participated the Vietnam War from 1964 to 1974. Although the potential hazards of the herbicides among Korean veterans exposed were implicated, the problem had not been a public issue until 1991 when Korean veterans were informed U.S. companies, the herbicides manufacturer payed fund, from which a trust fund for New Zealand and Australian Class members were established in 1985. After a series of appeals and demonstration by the Korean Veterans demanding medical care and compensation for their serious health damages, a bill of medical care and compensation for herbicides victims was promulgated in March 1993 and become effective from May 1993, This study was carried out with two major objectives : the first to understand the health problems caused from the herbicides by reviewing literatures published, and the second to examine the nature and extent of health impacts among Korean veterans exposed and to develop valid study methods for the major study by interviewing and reviewing records on a part of veterans (638 persons) registered and completed medical examination in Seoul Veterans Administration Hospital from June to October 1993. The results obtained are as followings: 1. The literature review of 107 papers revealed that 1) Dioxin is teratogenic, carcinogenic and affects almost all organs including nervous, endocrine, and reproductive systems in animal experiments. 2) The diseases showing evidence of causal association were Hodgkin's disease, non-Hodgkin's disease, lung cancer, lymphoma, soft tissue sarcoma, chloroacne and polyneuropathy when judged on the basis of consistency in study results and biological plausibility. 2. Interview and medical record review study on 638 veterans, though limited validity owing to lack of control group, crude estimates of dioxin exposure levels (no biomarkers measurable), and uncertainty of diagnosis, showed that: 1) Most of the study subject's were in their 40's of age and had been dispatched to Vietnam during the period from $1965{\sim}1970$ around one year. 2) Most frequently complained symptoms in medical examination were motor weakness (32%), sensory abnormalities in extremities (23%), skin diseases (22%), and pain in extremities (20%) whereas in Interview they were more frequent in order of skin problem (44%), motor weakness (38%), sensory abnormalities and pain in extremities(17% and 19% each). Kappa indices on the same category of complaints between two sources of information were variable and relatively low. 3) On medical examination, only a part of the 638 subjects had initial impression (442 pts) and final diagnosis (218 pts) suggesting decision making on diagnosis appeared to be difficult even with all available modern medical technologies: in initial impression disorders from peripheral and central neuropathy were predominant whereas in final diagnosis various types of skin disorder were most frequent 4) When dose-response relationship between several conditions (from questionnaire) and arbitrary exposure scores were examined by CMH linear trend test, spontaneous abortion, sexual problems and health problem of offsprings showed statistically significant linear trends. However, pregnancy, accident and suicidal attempts did not show any relationship in this study capacity. 5) Among complaints, psychosis and neurosis (anxiety, phobia) in interview study, and memory disorder and psychosis in medical record study revealed linear trend. 6) Skin disorder was the only condition showing linear trend in initial impression and none in final diagnosis on medical examination. Even though objective to select out dioxin-related disease or group of diseases from this study was not achieved the research experiences provided firm basis for developing various methodological approaches. 3. From this preliminary study we concluded that a larger scale major epidemiologic study on health impacts of herbicides among Korean veterans exposed is not only Indispensible but also well designed study with more valid exposure information and diagnosis may be able to establish causal relationship between certain groups of diseases and exposure to the herbicides among Korean veterans.

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