• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2007.12a
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• pp.117-118
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• 2007

This paper was provided to apply the ITC-Hulls Clauses & ISM Code for the accident of sunken ship which was occurred by seamen's barratry. For the causes of the sunken accident, the underwriter insisted that shipowner submerged the vessel intentionally for the purpose of the insured amounts, while shipowner protests that the ship was submerged because of crews faults. In this connection, the judge sentenced that this accident was caused by humans errors as the Provisions of 6.2.4 of ITC-Hulls, however shipowner is responsible for hiring onboard qualified seafarers and carrying out the due diligence for performing ISM Code for ensuring ship's safety and seaworthiness.

• Journal of Navigation and Port Research
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• v.32 no.3
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• pp.229-235
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• 2008

This paper was provided to apply the ITC-Hulls Clauses & ISM Code for the accident of sunken ship which was occurred by seamen's barratry. For the causes of the sunken accident, the underwriter insisted toot shipowner submerged the vessel intentionally for the purpose of the insured amounts, while shipowner protests toot the ship was submerged because of crews faults. In this connection, the judge sentenced toot this accident was caused by humans errors as the Provisions of 6.2.4 of ITC-Hulls, however shipowner is responsible for hiring onboard qualified seafarers and carrying out the due diligence for performing ISM Code for ensuring ship's safety and seaworthiness.

• Journal of Arbitration Studies
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• v.22 no.1
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• pp.65-88
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• 2012

Even though there are some discrepancies in detail with the legal characteristic of the issuing bank's notice to the beneficiary of opening of the letter of credit, article 25 of "the Korean Private International Act(hereunder, 'KPIA')" can be applied to the legal relation between the issuing bank and the beneficiary or the negotiating bank. According to article 26 of the KPIA, if there is no agreement between the issuing bank and its opponent party as to the governing law issues, a state's law which has the closest relationship with the subject case may be applied. In the latter case, given the facts that the issuing bank plays important roles in every phasis of the sale of goods by the letter of credit, a law of place where the issuing bank's business premises is situated(the $lex$ $situs$) can be the applicable law. Meanwhile, "the Korean Supreme Court(hereunder 'KSC')" held that the beneficiary or the negotiating bank can claim any damages arising due to the refusal or deferred payment of the issuing bank, and the law which governs the above mentioned situation is the same law that is applicable to the legal relation between the issuing bank and the beneficiary or the negotiating bank. The main reason of the KSC's ruling is that the nature of the legitimate interest rate which is stated in article 3 of "the Act on Special Cases concerning Expedition etc. of Legal Proceeding(hereunder 'ASCELP')" is substantial matters, not procedural. Taking into account, however, that the main object of ASCELP lies in expedition of legal proceeding, prompt realization of people's rights and duties, and prevention of delayed legal proceeding, it is recommendable that ASCELP, instead of the law applicable to the legal relation between the issuing bank and the beneficiary or the negotiating bank, should be applied to the cases in which the malicious debtor's only and main purpose is delaying the legal proceedings. On the other hand, even if the issuing bank's duty of examination of the documents which were tendered by the beneficiary or the negotiating bank is restricted to the formality and strict conformity of the documents and not the substantiality of the documents, the issuing bank still has to examine the documents with due diligence that is required to the banks whose main business is sales of documents, not the real goods. In this regard, under the circumstances where the document lacked the regularity and/or the formality on its face because of the forgery of the document and where it was expected that an ordinary banker might have easily found any faults with the document, the issuing bank must compensate any parties for damages when it pays money without due diligence as a banker who engaged in the sales of documents.

• Proceedings of the Korean Society of Surveying, Geodesy, Photogrammetry, and Cartography Conference
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• 2007.04a
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• pp.329-332
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• 2007

Since enforcement of double entry book-keeping accounting system on 1 January 2007, local government should draw out financial statement for assets and liabilities possessed after due diligence. But, some social infrastructure including underground facilities are difficult to implement entire inspection actually. In this study, we proposed effective approach for assessing assets of local government's social infrastructure such as road, water and sewage, subsidiary facilities etc. using GIS built on local government by NGIS project. Through this, local government ensures correctness and effectiveness of asset inspection as a result of successive establishment of double entry book-keeping accounting system.

• Korean System Dynamics Review
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• v.13 no.1
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• pp.63-80
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• 2012

This paper is aiming at providing the systems thinking perspective on the collapse of the savings and loan banking system in Korea. Two causal loop diagrams are developed to conduct the analysis: The first is focusing on the structural problems included in the establishment of S&L banking in 1990s. The later is developed based on the project financing mechanism by controlling the credit standard required during the due diligence. The result of this study shows that the main cause of the collapse of the S&L banking is the structural problem connected to real estate market including the failure of regulation.

• Journal of the Korean Society of Industry Convergence
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• v.22 no.6
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• pp.673-680
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• 2019

This study investigates the validity of applying new carbon nanotube (CNT, Carbon Nano Tube) surface heaters, which are applied in combination with various products, to the vessel's materials, and proposes the commercializable products accordingly. In order to actually apply a CNT surface heating system technology to the ship's equipment for the first time in Korea, we carried out the interview of experts in the technology field and the due diligence of the shipyard, and presented the technology road map for the selected three items. Finally, for "Heating System of Ship Fuel Tank" with the highest commercialization potential, we proposed a conceptual diagram to enable the final development of the product through the product analysis.

• Animal Bioscience
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• v.36 no.2_spc
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• pp.339-349
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• 2023

Gene editing (GE) offers a new breeding technique (NBT) of sustainable value to animal agriculture. There are 3 GE working sites covering 5 feasible pathways to generate GE pigs along with the crucial intervals of GE/genotyping, microinjection/electroporation, induced pluripotent stem cells, somatic cell nuclear transfer, cryopreservation, and nonsurgical embryo transfer. The extension of NBT in the new era of pig breeding depends on the synergistic effect of GE and reproductive biotechnologies; the outcome relies not only on scientific due diligence and operational excellence but also on the feasibility of application on farms to improve sustainability.

• Journal of Environmental Impact Assessment
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• v.31 no.2
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• pp.106-116
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• 2022

Multilateral Development Banks (MDBs) have actively responded to global climate change, and developed and operated the Common Principles for Climate Finance Tracking. They estimate climate finance in a granular manner with a conservative view. In other words, the MDBs track their financing only for those elements or proportions of projects that directly contribute to or promote climate adaptation or mitigation. The MDBs have reported jointly on climate finance since the first edition in 2012, which reported for 2011 and up to the 10th edition in 2021, which reported for 2020. MDBs apply two difference methodologies for adaptation and mitigation. For adaptation, the methodology is based on a context and location specific approach and captures the amounts associated with activities directly linked to vulnerability to climate change. For mitigation, it is evaluated in accordance with a comprehensive list of activities thatreduce greenhouse gas emissions. The result of climate risk assessment is one of the major due diligence items for MDBs alongside with that of environmental and social impact assessment. Under the circumstance that many countries endeavor to deal with climate change at project level, it is meaningful to understand how MDBs have addressed climate change issues in their project approval process. This would be a good reference to establish a methodology for responding to climate change and to expand scope of environmental and social impact assessment.

• International Journal of Computer Science & Network Security
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• v.22 no.6
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• pp.374-381
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• 2022

The article identifies and theoretically substantiates the trends of national resilience in the context of establishing the security of the country and its civilizational subjectivity. The strategy of development of the pedagogical university in the conditions of European integration into the European educational and scientific space based on certain characterological features of the personality of the volunteer in the context of allocation of personal resilience is developed. The analysis of both external and internal challenges and threats to the civilization of the country needs to be understood in the context of economic, socio-political, legal, military-political, spiritual-cultural, educational-scientific and network-information resilience. The concepts of "national resilience" and "national security" are quite close - at first glance, even identical. However, a deeper understanding clarifies the differences: national security is a state of protection of the country identity and its very existence, the realization of its national interests. In turn, resilience is a fairly effective strategy and a fundamental guarantee of national security. At the same time, it is extremely important to understand that both national security as a state and national resilience as a strategy are only means of achieving and developing a strong and humanistic civilizational subjectivity of the country. After all, such subjectivity opens for citizens the opportunity for development, dignified self-realization and a proper life. The restructuring of the volunteer's motivational sphere is due to the dominance of such leading motives, which are focused mainly on maintaining and restoring health, which leads to distorted meaningful life goals: isolation, alienation, passivity, inertia, reduced activity, limited communication, etc. The characteristics of relatively stable human behavior include several primary and secondary properties. The primary (relevant) properties include patience, trust, hope, faith, confidence, determination, perseverance, and love; the secondary - punctuality, neatness, obedience, honesty, loyalty, justice, diligence, thrift, accuracy, conscientiousness, obligation, etc. The restructuring of the volunteer's motivational sphere is due to the dominance of such leading motives, which are focused mainly on maintaining and restoring health, which leads to distorted meaningful life goals: isolation, alienation, passivity, inertia, reduced activity, limited communication, etc. The characteristics of relatively stable human behavior include several primary and secondary properties. The primary (relevant) properties include patience, trust, hope, faith, confidence, determination, perseverance, and love; the secondary - punctuality, neatness, obedience, honesty, loyalty, justice, diligence, thrift, accuracy, conscientiousness, obligation, etc. The use of information and communication technologies in volunteering will contribute to the formation of resilience traits in the structure of personality formation. Directly to the personal traits of resilience should be included methodological competencies, which include methodological knowledge, skills and abilities (ability to define ultimate and intermediate goals, plan, conduct and analyze knowledge, establish and implement interdisciplinary links with disciplines of medical-psychological-pedagogical cycles, etc.). All these competencies form the professional resilience of the volunteer.

• Journal of Korea Port Economic Association
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• v.22 no.2
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• pp.83-108
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• 2006

Regarding the ocean carrier's responsibility for damage indemnification, both his or her duty of care and reason of legal exemption have been considered important. The International Convention for the Unification of Certain Rules relating to Bills of Lading also provides that the ocean carrier indemnifies for the loss or damage of freight on the basis of the principle of liability with fault. In other words, the carrier assumes responsibility only for the loss or damage of freight which is under his or her control and whose safety must be carefully maintained by him or her. The carrier's duty of care which is required for freight safety in accordance with the convention is associated with two themes, seaworthiness of vessel and freight itself. To make ocean freight shipping effective necessities the seaworthiness of the ship that will conduct the shipping service under its responsibility. This will ultimately lead to making the service impressive to the shipper as freight owner. Thus the purpose of this study is to contribute to more reasonable shipping by the shipowner or the carrier who needs to ensure seaworthiness of vessel, and prevent unseaworthiness that may be incurred in accordance with freight characteristics. For the purpose, this paper reviewed the meaning of seaworthiness of vessel through a juridical approach to its causal relationship with ocean freight shipping.