• 가정∙방문간호학회지
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• 제6권
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• pp.78-87
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• 1999

From 1990 to 1997 Home Care Education Programs have been offered at 11 Home Care Education Institutes. But there have been no revisions in the program. Especially in the clinical practicum, the Ministry of Health and Welfare proposed 248 hours as 'Family Nursing and Practice'. But each of institutes has developed their own program, and the clinical practicum is very different. Institutions for home care practice have been very limited and even now only 40 hospitals started home care in the second demonstration project. A few community-based institutions have also been offering home care services. This study was conducted to analyze home care clinical practicum offered at Y university, and plan for a revised home care clinical practicum. Y university clinical practicum was revised to include 'visits to community institutions', 'laboratory practice', 'hospital practice', 'discharge planning and home care practice', and 'home care specialty practice'. The results of the evaluation and plan for a revision are as follows: 'Visits to community institutions' is a practice that helps the students understand community resources which are available to home care nurses, and as an orientation to institutions for practice. 'Laboratory practice' is to used to improve nursing skills that are applicable to home care. Problems that the students identified in the laboratory practice were 'lack of opportunity for individual practice', and 'inadequate theoretical preparation for practice'. To address these problems the basic nursing skills laboratory was open and could be used freely by the home care students, and practice could be done after the theoretical lectures. 'Hospital practice' is a practicum in which the students apply nursing skills to patients and to obtain assessment skills for discharge planning. Using a preceptorship, five days for hospital practice should be offered. 'Discharge planning and home care practice' was done at Wonju Christian Hospital. This institute is too far away that this practice should be provided at different institutions as soon as it is possible to contract with home care institutions. Patients groups in different home care institutions are very different, so the 'Home care specialty practice' should be done after analyzing patient groups and choosing specialty areas. These areas are' care of patients with respiratory dysfunction', 'care of patients with neurologic dysfunction', 'care of cancer patients', 'care of patients on dialysis', and 'wound care'. This practice should be offered with a preceptorship, so preceptors, clinical directors, and students should meet for home visit orientation.

• 한국중재학회지:중재연구
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• 제8권1호
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• pp.323-352
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• 1998

Documentary letters of credit including standby letters of credit are governed by the independence or abstraction rule and the doctrine of strict compliance. Since the former rule requires the issuing bank to honor the drafts regardless of the defective performance of the underlying contract, the applicant(the customer) will be without a remedy if he is unable to make himself whole by litigation on the underlying contract. Therefore, the applicant is exposed to a risk much higher than in the commercial letters of credit. The Uniform Customs and Practice for Documentary Credit(UCP) has no provisions allowing legal relief for the applicant on the abuse of L/C by unscrupulous beneficiary, but UCC ${\S}5-114$ has provision allowing injunctive relief for the applicant. In this paper, I attempted to clarify certain standards of injunctive relief available for the customer in the credit. When there is fraud in the L/C transaction by any of the parties concerned, we must weigh the principle of independence or abstraction and the fraud rules. According to banking practice and judicial precedence, we need not keep the principle of independence and abstaction even in fraudulent transaction and the bona fide sufferer must be protected. The purpose of this paper is to review the studies of Fraud rule and the Injunction and to suggest the applicable standards for the Injunction therory under letters of credit. Specially this paper analysed the following ; (1) the guideline for the fraud (exception) rule to the autonomy principle, (2) the appilcable standards of the Injunction, and (3) the implications on parties concerned in letters of credit transaction. Conclusively, the Injunction should be granted if (1) there is clear proof of fraud (2) the fraud constitutes fraudulent abuse if the independent purpose of L/C (3) irreparble injury might follow if injunction is not granted or the recovery of damages would be seriously endangered.

• 한국가금학회지
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• 제39권4호
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• pp.269-271
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• 2012

The chicken has been growing in Korea for more than a thousand years according to the history book and commercially rising for broiler meat only since 1960's. As income increased mainly due to improved economy, it changes the habit of eating especially chicken meat. The structure changes into a coordinated production and marketing system which forced the prevailed small and independent producers to become a contract farmer under the vertically controlled practices. This coordinated structure began in 1970's and evolved continually to occupy around 90 percent of the market in 2010 with some ten (10) private brands being advertising. The industrial organizations have also conducted the generic promotion by a farmer's check-off program. Over the past 20 years, chicken import steadily increased to meet about 25 percent of the domestic market while the export showed negligible growth. As a whole, the structure change and international trade devoted to increased chicken consumption from 2 kg with the independent operation to 11 kg currently under the coordinated system and import. It is predicted that chicken consumption will grow in years to come and the import will also increase in addition to local productions, considering the free trade agreement that has already been in practice with EU and US to open the market eventually from all sources of supply worldwide.

• 한국중재학회지:중재연구
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• 제10권1호
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• pp.115-133
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• 2000

All kinds of commerces are begun from the contract and the claims are frequently raised by the problem in the contracts. Therefore, the negotiation is very important to make a contract and resolve the claim. This article analyzed the negotiation practice of Chinese in order to render help to negotiators who enter into negotiations with Chinese business people so that they can enhance their chance for success. Based on this examination on the negotiating style, this paper also provides the some guidelines in working-level negotiating with Chinese. For the purpose this study applies "global negotiation flowchart" and twelve important factors suggested by stephen & stripp to analyze the characteristics of Chinese business negotiating style. The results suggest some useful criteria for negotiators First, In the preparation, the negotiator need a thorough study about the Chinese negotiating style and counter party. Second, In the negotiation with the Chinese, making the personal relationship and, if possible, frequent contact with the person who is the most powerful negotiator in decision-making. Third, since the Chinese has a sense of value that money is very important, it is very necessary that the negotiator persuade him by mutual profits. Finally, negotiators must aim at long-term profit maximization not at short-term.

• 무역상무연구
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• 제13권
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• pp.257-281
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• 2000

The world economy is becoming increasingly globalized. The globalization has resulted in far reaching agreements to deepen trade liberalization and enlarge its scope to cover new areas in addition to strengthening its supporting institutional base. Economic growth has developed international trade which has accelerated the development of international carriage of goods in 21st century. The international trade is basically founded on the contract of international sale of goods and backed up by the contract of international carriage of goods and the insurance on the goods carried. It is essential to incorporate each other sections for the efficient development of international trade. As a result of rapid expansion of international carriage of goods, rationalization of transport was required, which has brought about the International Multimodal Transport System through containerization. The approach to liability system will be a right way to solve the insurance problems for the development and enlargement of world trade volume. International multimodal transport system has affected international trade a lot, especially the field of insurance a grate deal. This paper is to analyze contents of liability system on Multimodal Transport with in the UN Convention on International Multimodal Transport of goods.

• 국제학술발표논문집
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• The 4th International Conference on Construction Engineering and Project Management Organized by the University of New South Wales
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• pp.117-123
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• 2011

The Australian construction industry is characterized as being a competitive and risky business environment due to lack of cooperation, insufficient trust, ineffective communication and adversarial relationships which are likely lead to poor project performance. Relational contracting (RC) is advocated by literature as an innovative approach to improve the procurement process in the construction industry. Various studies have collectively added to the current knowledge of known RC norms, but there seem to be little effort on investigating the determinants of RC and its impact on project outcomes. In such circumstances, there is lack of evidence and explanation on the manner on how these issues lead to different performance. Simultaneously, the New Engineering Contract (NEC) that embraced the concept of RC is seen as a modern way of contracting and also considered as one of the best approaches to the perennial problem of improving adversarial relationships within the industry. The reality of practice of RC in Australia is investigated through the lens of the NEC. A synthesis of literature views on the concept, processes and tools of RC is first conducted to develop the framework of RC. A case study approach is proposed for an in-depth analysis to explore the critical issues addressed by RC in relation to project performance. Understanding the realities of RC will assist stakeholders in the construction industry with their investment in RC.

• 한국건설관리학회논문집
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• 제12권1호
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• pp.97-106
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• 2011

CM방식은 CMr과 발주자가 일체가 되어 프로젝트의 전반을 관리하는 방식으로, CMr은 기술적 중립성을 유지하면서 발주자 관점에서 설계 발주 시공의 단계에서 각종 관리 업무의 전부 또는 일부를 실시하는 것이다. 건설과정에서 새로운 전문직으로 발전하고 있는 CMr은 계약에 따라 업무와 서비스 범위가 확정되므로 높은 수준의 윤리가 요구된다. 본 연구에서는 관련법에서 제시하고 있는 CMr의 법적지위와 업무수행에 따른 윤리기준과 윤리특성을 제안하였다. 결론으로는 첫째, 건설사업관리업무의 법적 특성은 관리업무를 부여하는 사람과 부여받는 사람의 계약관계에 따라 사람의 노동력을 제공하는 형태로 수행되는 위임계약, 과실책임, 선관주의 의무를 갖고 있다. 둘째, 건설사업관리의 업무 특성은 조정자의 역할, 전문기술 서비스, 발주자 설명책임과 공공성을 갖고 있다. 셋째, 이러한 업무 특성에 따라 전문가로서 건설사업관리자의 윤리평가기준은 의도, 행위와 결과로 분류하고, 이를 업무 특성과 연관시켜 덕윤리, 의무론, 결과론으로 제안하였다.

• 무역상무연구
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• 제13권
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• pp.3-26
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• 2000

The International Chamber of Commerce published the millennium edition of its standard trade definitions, Incoterms 2000. Incoterms are a basic reference for sales contracts, in constant daily use throughout the world. The new version will make it easier for traders to do business in the new century, despite the growing volume and complexity of international transactions. Since Incoterms were first published in 1936, they have been updated six times. They precisely define the responsibilities of buyer and seller and are recognized as the international standard by customs authorities and courts in all the main trading nations. It is important for traders to incorporate the correct Incoterms into their international contracts to avoid unnecessary legal problems. Courts may otherwise interpret trade terms according to often widely divergent national laws and unless the use of Incoterms is specified, expensive legal disputes can arise. Division of costs is a most important element in every contract of sale. The parties must know not only who does what but also how costs resulting therefrom should be divided between them. In most cases the fact that a party must do something means that he must also bear the resulting costs, unless otherwise agreed. But there are many exceptions to this principle and uncertainties arise, particularly with respect to services performed by other parties. Also, difficulties arise with respect to the division of costs whenever additional costs are caused by unexpected events, such as hindrances causing a ship to deviate or to remain in a seaport longer than expected. The main principle of the division of costs is clear enough: the seller has to pay costs necessary for the goods to reach the agreed point of delivery, and the buyer has to pay any further costs after that point. But as noted, it is not always easy to implement this principle in practice, since the detailed distribution of functions under the various trade terms is not and cannot be fully defined in Incoterms. Instead, failing precise stipulations in the contract of sale, guidance must be sought from other criteria such as commercial practices used earlier by the same parties or the custom of trade.

• 한국중재학회지:중재연구
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• 제12권2호
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• pp.303-336
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• 2003

Incorporation of an arbitration clause by reference to other documents occurs in many international business transactions. The reference is either to another document that contains arbitration clause or to trading rules which contain the arbitration clause, without the main contract mentioning that arbitration has been agreed upon. In fact, incorporation by reference in to a contract of an arbitration clause set forth in another agreement is deemed valid in any number of circumstances, even when the parties to the two contractual instruments are not the same. Difficulties arise when, instead of an express arbitration provision, a contract contains a clause which refers to the trading rules of a certain trade association, so-called external arbitration clause. The U.S. courts which will presume that the parties intended to arbitrate under a particular set of rules when they expressly mentioned arbitration in their agreement, have sometimes refused to enforce contract clauses that do no more than refer to particular trading rules, even if these rules contain provisions binding the parties to arbitrate their disputes. The courts in such cases tend to be careful in determinig whether intent to arbitrate is present. In maritime contracts, the arbitration clause in a charter party is often referred to in the bill of lading. Such reference usually is held binding upon the parties to the contract of carriage, their knowledge of such practice being presumed. A nonsignatory may compell arbitration against a party to an arbitration agreement when that party has entered into a separate contractual relationship with the nonsignatory which incorporates the existing arbitration clause. If a party's arbitration clause is expressly incorporated into a bill of lading, nonsignatories … who are linked to that bill … may be bound to the arbitration agreement of others. An arbitration clause in a charterparty will be incorporated into a bill of lading if either - (a) there are specific words of incorporation in the bill, and the arbitration clause is so worded as to make sense in the context of the bill, and the clause dose not conflict with the express terms of the bill; or (b) there are general words of incorporation in the bill, and the arbitration clause or some other provision in the charter makes it clear that the clause is to govern disputes under the bill as well as under the charter. In all other cases, the arbitration clause is not incorporated into the bill.

• 무역상무연구
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• 제22권
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• pp.3-48
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• 2004

Many presentations of documents are rejected because credits have been incorrectly issued. One reason of rejecting the documents is related with error in application stage of L/C. Errors may take the form of mismatches between the terms of the sales contract and the provisions stipulated in the credit. Thus, Article 5 encourages applicants to make their contribution to the smooth running of the letter of credit process by being unambiguous and brief. Another reason that the banks reject the documents relates to the ambiguity of the term "International Standard Banking Practice" That is to say, UCP500 Art.13 introduced the term "International Standard Banking Practice"(ISBP) without the definition so that one wonder what ISBP is or how ISBP apply in daily work of bankers, examination of documents. From hence, International Chamber of Commerce(ICC) started the work to document ISBP at May 2000, finally approved the result last year and published the publication titled "International Standard Banking Practice for the examination of documents under documentary credits." By applying ISBP in document examination stage, I expect that the freqency of rejecting the documents grow less and bankers' work of examination become easy. On the other hand, ISBP is supplement to UCP500 so that the interpretation of ISBP is made on the basis of understanding of UCP and its underlying principles. So, I reviewed each paragraphs of ISBP on this basis and tried to indicate contradiction between ISBP and UCP500. But because of reading not enough, I failed to search the connotative sense many paragraphs have.