• Title/Summary/Keyword: Legal Unification

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The Sphere of Applicability of the CISG (국제물품매매계약(國際物品賣買契約)에 관한 유엔협약(協約)'의 적용범위(適用範圍))

  • Han, Kyu-Sik
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.193-213
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    • 2000
  • The CISG has been legislated for playing roles as uniform rules which govern international sale of goods. The job of getting unification of the diverse domestic legal systems required almost half century of work. In the process of making the Convention some rules resulted from compromises of nation's relevant interests. The Convention, however, promoted both the legal certainty and harmonization in international trade in that the uniform rules suggest the appropriate resolution to the legal problems in the course of concluding a contract as well as in remedies for breach of contract. This paper focuses systematically on the scope of applicability of the CISG. The Convention deals with contracts for the international sale of goods. However, it does not apply to all kinds of the international sale of goods. The CISG confines the sphere of applicability to a certain type of sales. First of all, the CISG is limited to those contracts having been concluded between a particular group of persons, which is called a personal aspect of applicability. Secondly, the CISG covers a specific category of sales, which is called a material aspect of applicability. Thirdly, the CISG are concluded within a particular period of time, which is called a temporal aspect of applicability. Lastly, the CISG is limited to contracts falling within a given territorial sphere, which is called a territorial aspect of applicability.

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Standardization Plan for Clinical Practice of the Physical Therapy Education in South Korea (대한민국 물리치료 임상실습 표준화 방안)

  • Ki-Song Kim;Yeon-Sub Lee;Tae-Sik Lee
    • Journal of The Korean Society of Integrative Medicine
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    • v.12 no.3
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    • pp.93-100
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    • 2024
  • Purpose : This study aims to review the physical therapy training programs in the United States, Canada, Taiwan, and Japan, and propose standardization plan for clinical practice in physical therapy education to advance the development of physical therapy education in South Korea. Methods : This study investigates the clinical practice standards in advanced countries such as the United States and Canada, and refers to the clinical practice standards in Taiwan and Japan, which are members of the association of world phyisotherapy and have economic, cultural, educational, and healthcare delivery systems, as well as legal systems, similar to those of South Korea. Results : In the United States, physical therapy education programs allocate an average of 22 weeks and 880 hours for clinical practice. Foreign-trained physical therapists who wish to take the licensure exam in the United States must have their educational programs reviewed and recognized as having completed at least 1,000 hours of clinical practice. In Canada, physical therapy education programs allocate an average of 31 weeks and 1,240 hours for clinical practice. Taiwan allocates over 1,440 hours of clinical practice in its educational programs, while Japan requires 800 hours of clinical practice as a legal prerequisite for the licensure exam. Conclusion : Based on the results of this study, the following standardization plan for clinical practice of the physical therapy education in South Korea are proposed. First, a minimum of 16 weeks and 640 hours of clinical practice is necessary to produce competent physical therapists. Second, university-based basic practical training should be at least 440 hours, with the introduction of a standardized accreditation system and unification of the four-year academic system. Third, the qualifications of physical therapists who supervise clinical practice in medical institutions should be clearly defined in the curriculum, and the standards for clinical practice instructors need to be expanded.

The Impact of the Foreign Investment Law on the Tax Decisions of Korean Companies Operating in China (외상투자법이 재중 한국기업의 세무적 선택에 미치는 영향)

  • Bak-Mun Lee;Eun-Ju Lee
    • Journal of Digital Convergence
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    • v.22 no.3
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    • pp.1-7
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    • 2024
  • This study provides an in-depth analysis of the impact of the deepening reform and opening-up policies announced at the 20th CPC Central Committee's Plenary Session, particularly focusing on the <Foreign Investment Law> and its effects on the tax decisions and organizational restructuring of Korean companies operating in China. Using a comprehensive literature review and policy analysis, the study compares the dual legal structure and tax differences before and after the implementation of the law, assessing how legal unification has influenced the organizational forms and tax strategies of Korean companies. The findings indicate that the <Foreign Investment Law> has played a crucial role in enhancing legal consistency and tax equity between foreign-invested enterprises and domestic enterprises, thereby enabling Korean companies to manage their operations in the Chinese market more stably and efficiently. Additionally, in the context of the ongoing U.S.-China trade conflict, the law's provision of national treatment and tax benefits has proven to be a significant factor in the survival strategy of Korean companies in China. Future research should focus on empirically examining the long-term effects of this law and its impact on actual corporate performance.

Research on National Cybersecurity Policy Preparing for the Reunification of North Korea and South Korea (남북통일을 대비한 국가사이버안보 정책 연구)

  • Ham, Seung-hyeon;Park, Dae-woo
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2016.10a
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    • pp.358-361
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    • 2016
  • The North and South Korea for the peaceful reunification of the Republic of Korea, to lead the transformation and reform, and to complement the policy making and negotiations, there is a need for cyber security policy to practice. This paper explores the definition and overseas cyber terrorism and cyber warfare correspondence, correspondence between the versions of the technology between versions. Analysis of cyber security activities in the North and South confrontation, and research the cyber security policy against the unification. In this study, we compared the unification to build and operate a secure cyberspace from cyber threats and cyber security policy suggestions for ways of rational and legal.

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President Park Chung-Hee's Greed for Dominance and Oppression during Yushin Regime: The National Council for Unification Subject, President's emergency rule, and Buma Uprising (유신체제시기 박정희 대통령의 집권욕과 폭압성: 통일주체국민회의·대통령긴급조치·부마항쟁)

  • Chung, Joo-Shin
    • Korea and Global Affairs
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    • v.1 no.2
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    • pp.33-84
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    • 2017
  • This study deals with President Park Chung-hee's greed for dominance and oppression during the Yushin Regime in the 1970's and consists of case studies related to anti-democracy of the National Council for Unification Subject, illegality of President's emergency rule and oppression in the process of putting down Buma Uprising. The National Council for Unification Subject was an organization for presidential selection and institutionalized by the enactment of Yushin constitution. Emergency rule was carried into effect as a means to repressing college students and forces out of office for the president's long-term seizure of power. And Buma Uprising rose against violence in resistance to the Yushin regime and president Park Chung-hee's greed for dominance and oppression. These case analyses applied the aspects of causal relationship(birth and fall of Yushin Regime), legal system(Yushin constitution and president's emergency rule) and behavior(President Park's greed for dominance and oppression) for this study. The National Council for Unification Subject institutionalized through Yushin constitution and the Yushin regime formed by emergency rule enabled President Park to cling to long-term seizure of power by means of greed for dominance and oppression. After all, his failure to keep the spirit of the time and stepping stone for democratic constitutional government triggered Buma Uprising, a kind of anti-Establishment movement, and caused the fall of the Yushin regime.

An outlook for Digital Signize (디지털 사이니지의 전망)

  • Park, Su-lim;Kim, Seong-ji;Joo, Yo-sub
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2015.05a
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    • pp.525-529
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    • 2015
  • Depending on the field of smart industry has become increasingly widespread, the digital signage industry as advertising and content industry is emerging. However, this industry is growing rapidly it is not the reason for that is lack of a legal definition or system. The current legal system merely existing laws that apply to the use of outdoor advertising such as advertising and outdoor advertising Electrical, according to a separate law on digital signage is still is not enough. Most of the current legal system between a size that it is put in the control object, its type, the installation location and details and locations of areas in accordance with the regulation member of the law which can reduce the effectiveness of such a business to control them collectively There is concern that the differences are caused by unification can be difficult. In reality, the institutions of the new law was necessary, organized under the existing regulation rather than promoting new laws to screen the effectiveness of the national business media industry through a kind of standardization and unification of the digital signage industry in the future creation of a jurisdiction other than safety administration Science It is important to foster.

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A Study on the Liability Risk of Air Cargo Carrier (항공화물운송인의 책임부담위험에 관한 연구)

  • Kwak, Bong-Hwan;Kang, Dong-Yoon;Ham, Young-Jin
    • International Commerce and Information Review
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    • v.12 no.2
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    • pp.385-405
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    • 2010
  • The purpose of this study is to investigate liability risk of air cargo carrier and suggests ideas for solving problems which could be happen to air transporters on the future. because of Air transport remains one of the world's fastest growing and most important industries. And important treaties and contracts specifying transporters' responsibility regarding big scale aircraft accidents are such as Warsaw Convention in 1929, Hague Protocol in 1955, Montreal Convention in 1999. The Montreal Convention, formally the Convention for the Unification of Certain Rules for International Carriage, is a treaty adopted by Diplomatic meeting of ICAO member states in 1999. It amended important provisions of the Warsaw Convention's concerning compensation for the victims of air disasters. In conclusion, suggests to the method of air cargo security and cargo legal liability insurance which is for air cargo carrier's risk management.

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Smart Contract and Dispute Resolution by Arbitration (스마트 계약과 중재에 의한 분쟁해결)

  • Han, Jong-Kyu
    • Journal of Arbitration Studies
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    • v.30 no.1
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    • pp.87-111
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    • 2020
  • Smart contracts are implemented by blockchain technology, which stores the terms of the contracts of both parties on the blockchain. In the event of an international dispute over smart contracts and blockchains, no special solution has been proposed, such as the enactment of the International Unification Act. The blockchain platform which operates smart contracts is decentralized and operates through distributed nodes around the world without central servers, making it difficult to establish jurisdiction and governing laws. As an alternative to traditional dispute-solving methods, a new mediation model-smart arbitration-is being attempted. The arbitration process is likely to be a preferred means of resolving disputes over smart contracts in practice. There are many problems, such as the fairness of the arbitration center on the selection and judgment of arbitrators, the question of securing reliability, the question of the validity of the arbitration agreement, and how much the court can be involved in the case. Preparations at the national level, such as fostering blockchains and smart contract experts, and overhauling the legal system, are needed.

The Application and Prospects of UNIDROIT Principles(2004) in International Commercial Arbitration (국제상사중재에서 UNIDROIT원칙(2004)의 적용과 전망)

  • Hong Sung-Kyu
    • Journal of Arbitration Studies
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    • v.16 no.2
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    • pp.151-182
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    • 2006
  • The International Institute for the Unification of Private Law (UNIDROIT) established UNIDROIT principles, which could be applicable as international unified rules. The UNIDROIT Principles plays the role of interpreting and complementing CISG and functions as a law applicable to international commercial disputes. As shown by cases of practical application so far, the principles are expected to be applied frequently to international commercial arbitration in the future. In the situation that there is no internationally unified judicature, it is necessary to promote rational dispute resolution and legal stability through arbitration by adopting the UNIDROIT Principles of Lex Mercatoria as a governing law of international commercial contracts. In conclusion, UNIDROIT principles, along with CISG, are expected to playa great role as the applicable law of international commercial contracts and as standards for resolving international commercial disputes.

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A Study on the Researcher's Perception Survey for Facilitating International Joint Research

  • Noh, Younghee;Shin, Youngji
    • International Journal of Knowledge Content Development & Technology
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    • v.9 no.3
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    • pp.75-101
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    • 2019
  • In this study, we wanted to investigate and analyze the current status of international joint research conducted on researchers who have actually conducted or are doing international joint research and to identify difficulties in promoting international joint research based on this study and propose ways to promote future international joint research. As a result, autonomy of research subjects needs to be guaranteed for the revitalization of international joint research, establishment of international joint research guidelines and contract legal infrastructure, simplification and unification of administrative work system and supplementation of performance-related regulations will be necessary.