• Title/Summary/Keyword: Legal

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Review on CMI Study of Draft Convention for Wreck Removal (난파물제거협약 초안에 관한 국제해법회의 검토에 대한 개관)

  • Hwang, Seok-Kap
    • Journal of the Korean Institute of Navigation
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    • v.21 no.4
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    • pp.66-92
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    • 1997
  • Even though marine casualities are recently occuring so frequently in territorial sea or beyond, that causing danger to navigation, yet no international regimes are officially made to cope with such an impediment efficiently. However, Internatinal Maritime Organization (IMO) commenced to work for adopting an appropriate internaitnal convention on wreck removal under co-operation with Comite' Maritime International (CMI). The legal committee of the CMI has already provided full comments on draft convention of the wreck romoval and duly submitted to IMO as a reference which was made on the basis of their principles of unification and harmonization. Accordingly, this paper re-arranged in order aiming to understand easily for legal aspects of the draft convention comprehensively in accordance with full contents provided by the CMI. To avoid any improper applicationor undue interpretation after fixing of the convention , every coastal state which has keen interests should trace its background of legal information from initial stage. Accordingly, the paper will contribute not only to realize how to draw a whole legal picture including specific articles on the convention fixable in the future but also to the national legislation with understanding full legal history of the convention.

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The Effect of Legal Political Determination of Perpu Number 1 of 2020 on Financial Markets in Indonesia During the COVID-19 Pandemic

  • RAJAGUKGUK, Blucer Welington;NAJIB, Muhammad
    • The Journal of Asian Finance, Economics and Business
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    • v.8 no.3
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    • pp.655-664
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    • 2021
  • The purpose of this research paper is to overcome the impact the COVID-19 in Indonesia, the Government of the Republic of Indonesia has set Perpu No.1 of 2020 concerning State Financial Policies and Financial System Stability for Handling COVID-19 Pandemic. This paper uses a descriptive analysis method with a normative juridical approach, namely by explaining the politics of law in the stipulation of Perpu No. 1 of 2020 into Law, then analyzing its effect on the character of legal products contained in the Act. The data sources used in this paper are the 1945 Constitution of the Republic of Indonesia, Perpu Number 1 of 2020 which has been ratified into Law Number 2 of 2020, Legislation in the field of state finance, literature books, and several articles from print and electronic media. This paper concludes that the legal politics of establishing Perpu No.1 of 2020 into Act was born from a democratic political system and configuration, but the character of its legal products was conservative. The aim of the paper is to focus on the discussions related to the new regulations that have been made by the Indonesian government and analyse the impact resulting from the enactment of these regulations.

Certain Uses of the Assignment of Monetary Rights arising from International Sales Contracts and Legal Relations between Parties under UNIDROIT Principles (UNIDROIT 원칙상 채권양도에 의한 국제매매 대금채권의 활용과 그에 관한 법률관계)

  • Hur, Hai-Kwan
    • Journal of Arbitration Studies
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    • v.32 no.2
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    • pp.31-53
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    • 2022
  • This paper examines various legal issues related to the assignment of monetary rights under UNIDROIT Principles. To this end, this paper examines the concept and the effects of the assignment of rights, the related legal structure and notice to the obligor, and some uses in practice (II). Then, as a matter of law in the context of the assignment of monetary rights under UNIDROIT Principles, this paper examines what may happen to the legal relationship between the parties and what practical considerations need to be taken by them when the obligor has legal defenses against the assignor, when successive assignments are made by the assignor, when the obligor exercises against the assignee its right of set-off before receiving the notice of assignment, when the assigned right does not exist at the time of the assignment, when any payment is received from the obligor before the notice of assignment is given, and finally when the obligor becomes insolvent or refuses to pay.

The Effects of Lowering the Statutory Maximum Interest Rate on Non-bank Credit Loans

  • KIM, MEEROO
    • KDI Journal of Economic Policy
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    • v.44 no.3
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    • pp.1-26
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    • 2022
  • This paper analyzes the effects of the cut in the legal maximum interest rate (from 27.4% to 24%) that occurred in February of 2018 on loan interest rates, the default rates, and the loan approval rate of borrowers in the non-banking sector. We use the difference-in-difference identification strategy to estimate the effect of the cut in the legal maximum interest rate using micro-level data from a major credit-rating company. The legal maximum rate cut significantly lowers the loan interest rate and default rate of low-credit borrowers (i.e., high-credit-risk borrowers) in the non-banking sector. However, this effect is limited to borrowers who have not been excluded from the market despite the legal maximum interest rate cut. The loan approval rate of low-credit borrowers decreased significantly after the legal maximum interest rate cut. Meanwhile, the loan approval rate of high-credit and medium-credit (i.e., low credit risk and medium credit risk) borrowers increased. This implies that financial institutions in the non-banking sector should reduce the loan supply to low-credit borrowers who are no longer profitable while increasing the loan supply to high- and medium-credit borrowers.

Formation of Legal and Professional Competence of Students of Higher Educational institutions in the Context Of The COVID-19 Pandemic

  • Myroslav Kryshtanovych;Iryna Khomyshyn;Viktor Bardachov;Hryhorii Bukanov;Iryna Andrusiak;Liudmyla Antonova
    • International Journal of Computer Science & Network Security
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    • v.23 no.12
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    • pp.175-180
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    • 2023
  • The main purpose of the study is to identify the key aspects of the formation of legal and professional competence of students of higher educational institutions in the context of the COVID-19 pandemic. The modern system of public relations tightens the requirements for the professional and legal competence of specialists in all spheres of life. The development of a unified nationwide strategy in the field of education focused on the formation and development of young people's skills for life in the information society, is aimed at finding ways to form an active position of a future specialist, developing an experience of a holistic understanding of the professional activity, systemic action in solving new problems and tasks. The methodology includes a number of theoretical methods. Based on the results of the study, the main elements of the formation of legal and professional competence of students of higher educational institutions in the context of the COVID-19 pandemic.

Study on the Application of the Serious Accidents Punishment Act in Construction Sites and Practical Improvement Measures for Legal Deficiencies

  • Wonpyo Hong;Taekeun Oh
    • International Journal of Advanced Culture Technology
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    • v.12 no.3
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    • pp.396-405
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    • 2024
  • This study analyzed the practical issues in the Serious Accident Punishment Act (SAPA) for construction sites and proposed measures to improve provisions that are detached from reality. The Act aims to prevent major accidents across various industries, with a particular emphasis on the construction sector. While the Act's intention is commendable, several significant legal flaws have emerged during its implementation. These issues were critically analyzed and strategic recommendations were proposed. Key issues include ambiguous legal definitions, the differential impact of the law on small and large businesses, and the increased administrative and managerial burdens. This study proposed specific measures to enhance the clarity of legal terminology and technology, balance the responsibilities between small and large businesses, and streamline administrative processes. Additionally, methods for effectively revising the regulations and reasonably complying with them on-site were proposed. By addressing these issues, we aim to improve the effectiveness of the law, ensure fair application, and ultimately create a safer working environment in the construction industry. The recommendations are expected to serve as valuable resources for future revisions and improvements to SAPA and contribute to the broader goal of sustainable industrial safety and development.

The Characteristic of Shang Yang's Legal Reforms and Thought - Focusing on the application of the three-step theory of norms - (상앙의 변법과 법치사상의 특성 - 규범 3단계설의 적용을 중심으로 -)

  • Lee, Jong-sung
    • Journal of Korean Philosophical Society
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    • v.147
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    • pp.333-356
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    • 2018
  • Shang Yang was a person who, as a representative of the former School of Law, not only had an effect of thought on Han Fei Tzu, but also put a cornerstone of Qin Shi Huang's great universal unification by placing small and weak Qin Dynasty in a border area in the rank of a newly rising powerful nation. He is especially regarded as a person who valued laws and established the theoretical framework of legalist thought of School of Law systematically. To begin with, this writing examines the contents of the enforcement of legal reforms relevant to the prerequisite of Shang Yang's legal thought in historical archives, and confirms that Shang Yang succeeded in accomplishing legal reforms twice and that the aim of the legal reforms was to realize national prosperity and military power for the universal unification. This writing also takes notice of the fact that Shang Yang's legal thought went through specific steps for unifying the legal authority and the power of the monarch. Especially this writing focuses on applying the three-step theory of norms that was presented in the western social and political norm theory to Shang Yang's legal thought and on examining the characteristic and meaning explicitly. In short, the social and political norms go through emergence, cascade, and internalization. This writing aims to confirm that Shang Yang's legal thought also went through these three steps and was specified. Specifying this critical mind, this writing is a result which discusses that Shang Yang's legal thought went though the steps of the selective prescriptivism of emergence, the monarchical absolutism through sever punishment, and the internal monarchism for national prosperity and military power, and that the thought was systemized. Finding that the contents of Shang Yang's legal thought correspond to the three-step theory of norms and produce the individual meaning is the independent characteristic of this writing. It is the aim of this writing that the system and meaning of Shang Yang's legal thought will be confirmed more explicitly through this contextual examination.

Changing Rurality of the Countryside in Seoul Metropolitan Area (수도권 농촌의 기능 변화와 지역구조)

  • Joh, Young-Kug
    • Journal of Agricultural Extension & Community Development
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    • v.11 no.1
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    • pp.139-159
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    • 2004
  • Since 1990s, the countrysides in Seoul Metropolitan Area have been exposed to the unprecedented forces like developing telecommunication technology, the boom of exurban housing, increasing concern about food quality. While these new forces are restructuring the social and spatial pattern of countryside, a legal regulation can be assumed as exerting an overarching moulding power. This paper shows how the legal regulation works in the restructuring rurality.

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Legal Regime of Space Debris (우주법의 관점으로부터 본 우주파편)

  • Tatsuzawa, Kunihiko
    • The Korean Journal of Air & Space Law and Policy
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    • v.16
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    • pp.224-235
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    • 2002
  • The problem of space debris has been dealt with at the STSC of the COPUOS. The technical discussion at the said Committee was finished by adopting the Technical Report in 1999. Its legal discussion will be followed very soon at the LSC of the COPUOS. In this paper, I try to outline certain legal points concerning the space debris.

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