• Title/Summary/Keyword: Legal Sources

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A Study on Legal Commentary Information Services Based on the Usage Patterns of Legal Information Sources (법률정보원 이용행태에 기반한 주석서 정보서비스에 관한 연구)

  • Won, Jong Sam;Lee, Jee Yeon
    • Journal of the Korean Society for information Management
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    • v.37 no.1
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    • pp.127-151
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    • 2020
  • The court has the responsibility to determine the final interpretation of the law. The court hands down final decisions on personal disputes and conflicts between individuals and the state. Legal commentaries will stay true to their intention of providing diverse legal theories and enabling a unified legal interpretation only when law practitioners are allowed to discuss in depth laws, cases, and legal theories within the boundaries set by commentary authors. If law practitioners include the latest laws, cases, and legal theories as well as their opinions to existing commentaries in their judicial roles and legal studies, they will be able to obtain a unified legal interpretation without referring to other legal literature.

Legal Sources of Fraud Rule and It's Standard in Documentary Credit (화환신용장에서 사기배제법칙의 법원과 표준)

  • Oh, Won-Suk;Kim, Jae-Seong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.21
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    • pp.99-127
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    • 2003
  • Legal sources of fraud rule in documentary letter of credit, which have their origin in Sztejn Case can be traced to various rules or laws of international or domestic level ; URCG, URDG and ISP98 as ICC Rules, and UNCITRAL Convention as an international uniform law, and UCC as a domestic law and U.K. cases. Among them the combination of "material fraud" in UCC ${\S}5-109$ and the detailed list of the types of misconduct in UNCITRAL Convention may provide the best solution or standard in real application of the fraud rule in letter of credit transaction.

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Sources, Effects, and Control of Noise in Indoor/Outdoor Living Environments

  • Kim, KyooSang
    • Journal of the Ergonomics Society of Korea
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    • v.34 no.3
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    • pp.265-278
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    • 2015
  • Objective:To study the sources of indoor noise, its effects on human health, noise assessment and regulation through the use of standards, and techniques used to reduce noise. Background: Noise significantly affects the living environment, and there are an increasing number of reports of its impacts on human health. Method: We reviewed domestic and foreign data regarding environmental noise, and examined its effects and the standards used to regulate noise levels. Results: We describe the major sources of indoor noise and suggest possible legal standards, as well as recommended criteria for the control of noise. Conclusion: South Korea has higher legal standards of environmental noise than international standards in terms of threshold values. People in Korea are exposed to various sources of noise, and therefore the reduction of noise is urgently required. Application: Depending on the features of indoor spaces, an appropriate degree of indoor noise can be determined and techniques to reduce excess noise are required.

A Review of Wetland Policies and Related Guidelines of Leading Nations and Korea with Emphasis on Creation of Artificial Wetlands

  • Lee, Yong-Hee;Lee, Mi-Jin
    • Ocean and Polar Research
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    • v.24 no.1
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    • pp.93-114
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    • 2002
  • Legal regimes of major countries actively involved in wetland programs including USA, Japan, Germany, Netherlands, and Denmark, show that these leading nations have developed their own legal regimes and policies for the conservation and restoration of wetlands since early 1990s. The main feature of their position is to preserve, create and restore wetlands, including tidal flats. However, this approach, so called 'mitigation' policy, is thus far, not a fully established policy but an evolving one. For Korea, there are only a few laws and policies which hint at the importance of creating coastal wetlands as a conservation measure, however, most of those systems only exist as vague provisions which lack any tangible and compulsory implementing procedures and technical guidelines. It seems that it is necessary to strengthen the legal measures for conserving coastal wetlands in Korea including specifying economic assessment methods and funding sources for the creation, restoration and rehabilitation of tidal flats to firmly establish a national wetland mitigation policy.

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.

Use of Nuclear Power Sources in Outer Space and Space Law (우주에서의 핵연료(NPS)사용과 우주법)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.1
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    • pp.29-54
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    • 2007
  • Nuclear Power Sources(NPS) have been used since 1961 for the purpose of generating energy for space objects and have since then been recognized as particularly suited essential to some space operations. In January 1978 a malfuctioning Soviet nuclear powered satellite, Cosmos 954, re-entered the earth's atmosphere and disintegrated, scattering radioactive debris over a wide area of the Canadian Northwest Territory. This incident provided some reasons to international legal scholars to make some principles to regulate using NPS in outer space. In 1992 General Assembly adopted "Principles Relevant to the Use of Nuclear Power Sources in Outer Space". These NPS Principles set out certain legal and regulatory requirements on the use of nuclear and radioactive power sources for non-propulsive purposes. Although these principles, called 'soft laws', are not legal norms, they have much enfluences on state practices such as 1983 DBS Principles(Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting), 1986 RS Principles(Principles Relating to Remote Sensing of the Earth from Space) and 1996 Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interests of all States, Taking into Particular Account the Needs of Developing Countries. As far as 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space is concerned the main points such as free use of outer space, non-appropriation of celestial bodies, application of international law to outer space etc. have become customary international law binding all states. NPS Principles might have similar characters according to states' willingness to respect them.

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Use of Nuclear Power Sources in Outer Space and Space Law (우주에서의 핵연료(NPS)사용과 우주법)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • no.spc
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    • pp.35-58
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    • 2007
  • Nuclear Power Sources(NPS) have been used since 1961 for the purpose of generating energy for space objects and have since then been recognized as particularly suited essential to some space operations. In January 1978 a malfuctioning Soviet nuclear powered satellite, Cosmos 954, re-entered the earth's atmosphere and disintegrated, scattering radioactive debris over a wide area of the Canadian Northwest Territory. This incident provided some reasons to international legal scholars to make some principles to regulate using NPS in outer space. In 1992 General Assembly adopted "Principles Relevant to the Use of Nuclear Power Sources in Outer Space". These NPS Principles set out certain legal and regulatory requirements on the use of nuclear and radioactive power sources for non-propulsive purposes. Although these principles, called 'soft laws', are not legal norms, they have much enfluences on state practices such as 1983 DBS Principles(Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting), 1986 RS Principles(Principles Relating to Remote Sensing of the Earth from Space) and 1996 Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interests of all States, Taking into Particular Account the Needs of Developing Countries. As far as 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space is concerned the main points such as free use of outer space, non-appropriation of celestial bodies, application of international law to outer space etc. have become customary international law binding all states. NPS Principles might have similar characters according to states' willingness to respect them.

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A Study on Power Trading Methods for in a Hydrogen Residential Model (수소주거모델의 전력 거래 참여 방안 고찰)

  • KISEOK JEONG;TAEYOUNG JYUNG
    • Transactions of the Korean hydrogen and new energy society
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    • v.34 no.2
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    • pp.91-99
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    • 2023
  • Participation in power trading using surplus power is considered a business model active in the domestic energy trade market, but it is limited only if the legal requirements according to the type, capacity, and use of the facilities to be applied for are satisfied. The hydrogen residential demonstration model presented in this paper includes solar power, energy storage system (ESS), fuel cell, and water electrolysis facilities in electrical facilities for private use with low-voltage power receiving system. The concept of operations strategy for this model focuses on securing the energy self-sufficiency ratio of the entire system, securing economic feasibility through the optimal operation module installed in the energy management system (EMS), and securing the stability of the internal power balancing issue during the stand-alone mode. An electric facility configuration method of a hydrogen residential complex demonstrated to achieve this operational goal has a structure in which individual energy sources are electrically connected to the main bus, and ESS is also directly connected to the main bus instead of a renewable connection type to perform charging/discharging operation for energy balancing management in the complex. If surplus power exists after scheduling, participation in power trading through reverse transmission parallel operation can be considered to solve the energy balancing problem and ensure profitability. Consequentially, this paper reviews the legal regulations on participation in electric power trading using surplus power from hydrogen residential models that can produce and consume power, gas, and thermal energy including hybrid distributed power sources, and suggests action plans.

A Status of Agricultural Water Quality and Improvable Countermeasure in Korea (우리나라 농업용수 수질오염 현황과 개선대책)

  • Baeg, Cheong-Oh;Kang, Sang-Gu;Lee, Kwang-Sik
    • Korean Journal of Environmental Agriculture
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    • v.15 no.4
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    • pp.506-519
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    • 1996
  • The water quality in the rural areas is degrading due to a variety of causes such as the increase of the urban sewage and industrial wastes, the disposal of solid wastes, the growth of livestock waste, the growth of leisure facilities, the establishment of agricultural industry estates and etc. The water pollutants are scarce while the effluent is increasing from wide scattered sources. The technology specifically designed for the rural wastes water treatment plant needs to be implemented with improvement of agricultural water quality. 1. An integrated management measures against water pollution sources. The prevention of water pollution is the best measures in the environmental pollution. Hence, the most effective measures needs to be against the sources. Small-scale water treatment plants needs to be constructed in each village in the rural areas. As for the industrial effluent, the effluent discharge needs to be strictly monitored. Government subsidy for the establishment of treatment plant for livestock wastes is necessary. 2. The establishment of national-wide network for agricultural water quality. The network for agricultural water quality have been operated to conserve the agricultural water quality, and to develop management policies by the assessment of water pollution in the rural areas. The results of agricultural water quality network indicates that the water quality is degrading not only around urban areas but also in the distant rural areas, and the water quality at the pumping stations and weirs is worse than that of reservoirs. 3. The legal, systematic, and technical approaches for the agricultural water quality management. The actions currently implemented for the improvement of agricultural water quality involve temporary measures such as the improvement of irrigation facilities. These contingency measures are not effective in the long-term, and sometimes bring secondary pollution. Therefore, integrated measures covering the whole water environment such as the flow, quality, river morphology, aquatic ecosystem, and the surrounding environment, need be invented and implemented. Besides, the legal, systematic, and technical frameworks for the management are not fully established so far. The technology for the treatment of rural water pollution should be refined afterwards, and the research for the development of rural waste water treatment plant should be carried out.

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Study on the Legal Establishment of u-City Management Center (u-City 통합운영센터의 제도적 정착방안에 관한 연구 - 정의 및 위상을 중심으로 -)

  • Cho, Chun-Man;Kim, Jung-Hoon
    • Spatial Information Research
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    • v.17 no.1
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    • pp.15-23
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    • 2009
  • For the development and management of u-City(ubiquitous city), Ubiquitous City Construction Law was enacted(March 3, 2008) to form the legal basis of u-City plan, construction and managements afterwards. Among u-City elements, the u-City Management Center has its own meaning and importance in roles which are crucial to the u-City developments, and its legal establishment is one of the core u-City realization factors. In spite of its crucial position for u-City, the legal arrangement of its basis concept, physical/systematic structures, and managerial finance sources and their standardizations are very immature. Therefore, the purpose of this study is to analyse its overall problem issues and then to suggest the basic directions and enforcement strategies to form its legal basis.

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