• Title/Summary/Keyword: European Law

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The Role of Vehicle Currency in ASEAN-EU Trade: A Double-Aggregation Method

  • BAO, Ho Hoang Gia;LE, Hoang Phong
    • The Journal of Asian Finance, Economics and Business
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    • v.8 no.5
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    • pp.43-52
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    • 2021
  • This study is the first to scrutinize how real effective exchange rate, together with the vehicle currency exchange rate, asymmetrically influences the total trade balance between ASEAN (Association of Southeast Asian Nations) and the EU (European Union). This research employs quarterly data between 2000Q1 and 2018Q1, which is derived from several sources. We introduce a method for constructing the double-aggregated real effective exchange rate between ASEAN and the EU that captures the roles of all their currencies. Moreover, we propose the formula to compute vehicle currency exchange rate to assess the importance of vehicle currency in ASEAN-EU trade. Additionally, as asymmetrical impacts of exchange rate on trade balance are well documented by current studies, we employ Nonlinear Autoregressive Distributed Lag (NARDL) model of Shin et al. (2014) to analyze the impacts of currency depreciation as well as appreciation in detail. The findings confirm the prominence of USD as vehicle currency in ASEAN-EU trade. Both depreciation and appreciation of ASEAN's currencies against USD can foster ASEAN's trade balance in the long run. Short-run asymmetrical impacts as well as J-curve effect are found in the vehicle currency models only. The results are robust for the cases of EU-28 and EU-27.

A Study on the Liability of Air Carrier for Damages of the Third Parties (지상제삼자(地上第三者)의 손해(損害)에 대한 공중운송인(空中運送人)의 책임(責任)에 관한 고찰(考察))

  • Park, Heon-Mok
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.163-191
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    • 1989
  • The accident of the midair collision, passengers' falling or goods' dropping occurs or supersonic aircraft make a sonic boom during their conveying passengers or goods to the destination. The accident in transmit damages the their parties on the surface or their properties. In these cases, the third parties who were harmed to their lives or properties have the right to claim damages against the air carrier who caused them. These matters have become one of the important things since aircraft conveyed passengers and goods. Therefore, it is a great concern to settle these matters by law. But the Safety of the present aircraft has been much increased and the aircraft have become larger in size. Its flight altitude became higher than before. So the relationship of the aircraft to the third parties is much different from that of the earlier aircraft. The air transport is now indispensable to our life. It is not so easy to control these matters. In the early part of 20th century, when the third parties suffered the damage, many European countries made laws on the basis of the principle of liability without fault. But each country had a variety of its own law, and different kinds of difficulties have been brought about. Accordingly, the Rome Convention on Surface Damage (1933, 1952, 1978) has been made and revised. In spite of being revised, it contains many problems, and is not carried into effect world-wide. On the other hand, there are no regulations about the compensation of the third parties damaged in Korean existing laws. In case the damage is brought about to them, it is obviously true that the settlement of the liability of compensation for damage should be made by the general principle on the tort in domestic laws. At this point, it is urgent that we make a special law though the domestic legislation as a preliminary measure before we sign the international convention to save third damaged. It is desirable that we should, for the responsibility of the air carriage for the demage of the third parties on the surface, bring in the theory of the absolute liability in view of the legislation of many conutries. As the aircraft fly in the sky, their flight always contains some danger. It is very difficult to prove the fault, and the operator should suffer the principle of liability without fault or the similiar one. In case the liability without fault will be imposed upon the operator for the damage of the third parties, it is necessary to bring in the liability protection system for the protection and up upbringing of the air carriage. The Burden of danger of the air carriage will be reduced by introducing the system. A domestic legislation measure should be necessarily taken as soon as possible as a legal security measure on these matters.

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Design and Validation of Model Inversion Flight Control Law for Fly By Wire Helicopter (FBW 헬리콥터 모델 역변환 비행제어법칙 설계 및 검증)

  • Kim, Chong-Sup;Cho, In-Je;Lee, Seung-Duck;Lee, Han-Ju
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.40 no.8
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    • pp.678-687
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    • 2012
  • The Fly-By-Wire(FBW) flight control system is essential to improve the stability and flying quality of the helicopter. Advanced aerospace companies, such as Bell-Sikorsky (USA) and NHI (European Consortium), have already applied the FBW flight control system to manufacture V-22 and NH-90 helicopters, respectively. This paper addresses the development of control law design using model inversion method improve the hover and low speed handling qualities of helicopter based on BO-105 model in 'Day' and 'Degraded visual environments(DVEs)' in accordance with ADS-33E-PRF. Design parameters are optimized to satisfy the handling qualities specification using Control Designer's Unified Interface (CONDUIT) commercial control law software. The result of the analysis based on CONDUIT and non-real time simulation in-house software, HETLAS (HElicopter Trim Linearization And Simulation) reveals that the provides an efficient mean to achieve Level 1 handling qualities.

EXPLANATION BY PHYSICIANS AND CONSENT OF PATIENTS (의사(醫師)의 설명(說明)과 환자(患者)의 동의(同意))

  • Choe, Haeng-Sik
    • The Korean Society of Law and Medicine
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    • v.5 no.2
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    • pp.294-319
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    • 2004
  • Because the treatment of a physician generally pertains to the intrusion into body of a patient, his/her consent is a must in order for such conduct to be justifiable. To ensure effective consent of a patient, the physician should fully inform him/her of kind and details of the disease and way of treatment and risks associated with it. The patient can, then, make a decision whether he/she should accept any treatment or operation, if necessary, on the basis of such information. The obligation of physicians to explain has since long been recognized as important in view of guaranteeing the rights of patients for self-decision and protecting them from arbitrary assessment of physicians for treatment. Progress has been made in this respect even to the extent that physicians treat patients on equal terms and think first of all much of establishing trustworthy relationships with patients. Lots of studies in Korea and foreign countries have tried to explore the issues concerning the obligation of physicians to explain in the meantime but seem to have failed to make concrete and versatile approaches from the standpoint of protecting the rights of patients. Wouldn't it be really possible for patients to perceive their own rights and cope actively with the medical treatments? If physicians have full understanding to the rights of patients, they will be put in a better situation to protect themselves and patients, in turn, can identify their own responsibility correctly, which will eventually contribute to fulfilling the goal of treatment. With this background, the present paper examines briefly the obligations of physicians for explanation based mainly on the preceding theories and judicial precedents in the first place and then deals with the status quo and contents of the German medical laws, with a focus on the treaty of European Law 1997 and its working document on the applications of genetics for health purposes that stipulate the detailed criteria on the medical treatment and rights of patients and Germany's $\ulcorner$Charter of Rights for Patients$\lrcorner$ promulgated in 2003.

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A Study on the Substantial impact of US high rate tariff policy on the Korean companies -Based on analysis of Article 301 of the US Trade Law -

  • Nam, Seon Mo
    • International Journal of Advanced Culture Technology
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    • v.7 no.4
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    • pp.63-68
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    • 2019
  • Recently, the United States and China have declared a 25% retaliatory tariff for the partner country products of 50 billion dollar scale. "Trade war" is getting full swing. Such conflicts between economic powers may spread to Japan like the domino phenomenon following the EU (European Union) and become bigger in the global trade war. As a result, Korea has an economic system with a high degree of external dependence, and there is an expert's analysis that it will become the largest victim of the global trade war. If the WTO Dispute Settlement Authority approves this US 301 retaliation measure in the same way as the past case (US-EU hormone-treated beef imports), the United States will not import any Chinese imported products Chinese products) can be imposed. If the US launches a special 301 or super 301, which is stronger than the regular 301, then China is very likely to enforce US retaliation against it, and the trade war between the two countries could become a reality. This phenomenon is likely to have a negative impact on Korean companies. In particular, Korea, which is highly reliant on intermediate goods exports to China, is expected to suffer a great deal of damage. Therefore, Korea needs flexible response at home and abroad, it is necessary to enhance the autonomy of companies and protect export industries. Adjusting corporate tax rate as well as domestic industry height will be one way. The long-term (21 months) trade war between the United States and China has resulted in economic uncertainty. The resulting damage must be compensated. It is necessary to prepare the compensation through the economic council between countries. In the future, the punitive damage compensation system should be introduced.

A Comparative Study on the Seller's Duty to Deliver the Goods in Conformity with the Contract (국제물품매매계약상 물품의 계약적합성 의무에 관한 비교 연구)

  • Lee, Byung-Mun
    • Korea Trade Review
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    • v.42 no.6
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    • pp.1-25
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    • 2017
  • This is a comparative and analytical study which comprises of the analysis of the rules of the seller's liability for non-conforming goods of four legal systems under the CISG and the CESL. A purpose of this study is to examine all the rules as to, first, the concept and the nature of the seller's duty to deliver the goods in conformity with the contract, second, the contents of the seller's duty to deliver the goods in conformity with the contract, third, the time when the goods must be in conformity with the contract and the cases where the seller is exempted from his liability for non-conforming goods. Another purpose is to compare the rules of the CISG with those of the CESL, and to evaluate them in light of the discipline of comparative law. This is for the purpose of facilitating the systematic development and reform of one jurisdiction by any solution from the other jurisdiction found by the comparative study. In addition, this study provides legal and practical advice to the contracting parties when they intend to use one of those regimes in their contract as a governing law.

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The Characteristics of Korean Family Law - A Comparison with EU-Countries in Regard to Regime Classification - (한국 가족법의 특수성 - EU 국가와의 비교를 통한 유형 구분 -)

  • Chung, Yun Tag
    • Korean Journal of Social Welfare Studies
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    • v.41 no.4
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    • pp.161-187
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    • 2010
  • This study begins with two research interests. Firstly, there seems to be a break of research in the field of family policy in Korea which exists especially in regard to family law. Family law was originally the core of state interventions in family life, but has been neglected because of the lack of literature with comparative research methods. This shortcoming needs to be addressed. Secondly, through inquiry into the definition of family or family policy with the lens of the law, the definition of family or family policy can be correctly extended. With these two interests combined, this research tries to derive an analytical tool - maintenance community - of the law and compare some important points of the family law of Korea with those of 16 EU-countries in terms of regime classification. The method used is, firstly, to describe the subjects of family law with a focus on partnering and parenting without subjective interpretation, and secondly, to classify the countries' family-law regimes with the criteria of privacy and autonomy using cluster analysis. The results show that the countries can be classified into three clusters: Nordic (Norway and Sweden), West-Northern (Denmark, France, England, Finland, and Belgium) and Middle South (Italy, Spain, Austria, Portugal, Netherlands, Greece, Ireland, Germany, and Korea). This result can be compared to a precedent research result which showed that 21 OECD countries can be classified in three clusters according to family policy. The number of the clusters is the same as this study, but some countries belong to other clusters; for example Denmark and Finland belong to the Nordic cluster according to family policy, while they belong to the West-Northern according to family law, and Austria, Germany, and Ireland belong to the Middle-South cluster according to family law, while they belong to the Continental according to family policy. From this result we can interpret Korean family law to be in the middle range according to both criteria of privacy and autonomy like other South-European countries including some Continental countries. We can make some theoretical suggestions. The fact that both family law and family policy regimes in countries can be classified into three clusters can be interpreted to mean that there exists parallelism between family law and family policy in a broad sense. But from the fact that some countries belong to different clusters according to family law and family policy, we can say that the family policy in a country is not always consistent with family law.

A Study of Global Impact on Welfare State : with Special References to the Social Policy of EU (지구화시대 초국가적 권위체가 복지국가 체제에 미치는 영향에 관한 연구 : 유럽연합의 사회정책을 중심으로)

  • Moon, Jin-Young
    • Korean Journal of Social Welfare
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    • v.53
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    • pp.311-336
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    • 2003
  • This paper purports to explain the conflicts and compromises between supra-national authority and national welfare state in an era of globalization. For this purpose this paper, first of all, examines if Community law(EU) is directly applicable to member states(direct applicability), and subsequently, if Community law is superior to national law(supremacy). It duly claims that Community law is de facto applicable to member states and thus is superior to national law, but de jure the direct applicability and supremacy of Community law are still ambiguous in practice. Secondly, it briefly describes the development of EU social policy from 'The Rome Treaty(1957)' to 'The Amsterdam Treaty(1997)', and ascertains clear limitations of social dimension of EU. Thirdly, it explains why CEU(Commission of European Union) sequently fails to achieve uniform harmonization policy in the making of social Europe. This paper concludes that 'downward harmonization thesis' or 'convergence thesis' which commonly stresses that globalization seriously impinges on nation-state's policy autonomy and policy capacity is not evidenced at least in the case of EU social policy.

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Global Perspectives of Organic Agricultural Industry -Growth, Trade & Standards-

  • Stehli, Vincent
    • Proceedings of the Korean Society of Organic Agriculture Conference
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    • 2001.10a
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    • pp.163-178
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    • 2001
  • The last few nears have seen significantly increased interest in organic food. Organic food is still a small but growing part of the food industry with an identity defined and protected by law. Its existence provides an element of consumer choice. To obtain consumer confidence and, product credibility and transparency in the organic market, organic legislation and certification is needed, To facilitate export of organic products, harmonization of the organic legislation is favoured. The IFOAM accreditation programme has already achieved very much in this respect. Several national regulation, such as the NOP(USA) and EC2092/91(European Union) have already complied with the IFOAM basic standards. But in many countries there is still a lack of national legislation on organic agriculture. Because of the fast globalisation, organic agriculture is facing major challenges for international trade, so it is very important to consider the future development and certification of organic produce in all countries.

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Korean insurance market globalization and specialization of distribution agents -comparative study with French insurance market- (한국 보험산업 글로벌화에 따른 보험판매방식의 다각화와 보험인력 전문화에 관한 연구 -프랑스 보험산업과의 비교를 중심으로-)

  • Yeo, Hee-Jung
    • Management & Information Systems Review
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    • v.26
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    • pp.261-291
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    • 2008
  • The EU holds about 50% of exports and imports in the world trade of services. The insurance markets have undergone a significant consolidation in solvency rule, cross-border registration, and standardized accounts. In the EU-Korea FTA negotiations the EU is interested in mutual certification of qualifications as well as market liberalization of law, finance and distribution and so forth. When the negotiation with respect to the mutual certification of qualifications comes to a settlement, the two countries will drive it in service areas. Korea should examine european certification regulations and improve domestic insurance-related institutions. France is the focal country of the EU. The paper provides a comparative study of insurance markets and agents in France and Korea. The paper argues that Korea should initiate institutional changes and be transformed into an insurance service exporting country for the specialized insurance agents to move to EU countries.

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