• International Commerce and Information Review
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• v.5 no.2
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• pp.19-45
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• 2003

The main issues addressed in this paper are as follows : First, this paper makes a distinction among types of e-money, IC card type versus Network type, open-loop type versus closed-loop type, online type versus offline type and accountable type versus unaccountable type, and analysis the clear and accurate criterion. Second, generally speaking, e-money is a claim on originator of e-money and not legal tender, so, delivery of e-money by itself does not relieve of monetary obligation. Between it is not easy to define e-money, by now there are many definitions of e-money, there is a legal uncertainty accordingly and then it is not easy to find proper law applicable to resolve a particular issue. As a result. many problems relating to e-money would be solved through analogical application of the moot proper law among the laws that apply to the cash, check, credit card, or fund transfer after analyzing type of e-money at issue. This paper studies the methods on diffusion of the utilization of electronic money. To diffuse the usage of electronic money, it need; prerequisitely as a basic conditions independence of electronic money, non-reusability, and anonymity. And also as a additional conditions it need; usability in the offline commerce, transferability, divisibility. And now electronic money is used very actively, but still has many Jaw problems such as protections of consumer, law enforcement, supervisory, etc. So electronic money has called as money, but it is sure that electronic money is not a legal tender. So to facilitate the economic function of the electronic monel it is need to supplement the electronic money in the legal sides.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.71
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• pp.85-105
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• 2016

Independent guarantee is new financial product developed in international commercial transaction. The nature of independent guarantee is an independent undertaking, which takes the form of documentary transaction. As long as the documents presented by the beneficiary are on their face complying with the terms and conditions of the guarantee, the guarantor is obliged to pay upon the complying presentation. Where parties choose to apply for issue of independent guarantee in international commercial transactions in China, Chinese court shall respect the autonomy of parties. If either the guarantor or the beneficiary is located outside of China, or the facts which cause the establishment, change or cancellation of independent guarantee relationship occurred outside of China, it shall be deemed as foreign related independent guarantee. If the interested parties requests for confirmation of the independence of foreign related independent guarantee, it shall be supported by Chinese court. However, parties dealing with Chinese domestic commercial transaction have not fully realized the severity of independent guarantee liability. The market credit is being cultivated and the financial innovation is being explored at present in China. In order to guard against the systematic and the regional financial risk, before relevant rules are promulgated, Chinese court shall not recognize the independence guarantees issued for the domestic commercial transaction, but treat it as joint liability surety.

• Journal of Arbitration Studies
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• v.8 no.1
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• pp.323-352
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• 1998

Documentary letters of credit including standby letters of credit are governed by the independence or abstraction rule and the doctrine of strict compliance. Since the former rule requires the issuing bank to honor the drafts regardless of the defective performance of the underlying contract, the applicant(the customer) will be without a remedy if he is unable to make himself whole by litigation on the underlying contract. Therefore, the applicant is exposed to a risk much higher than in the commercial letters of credit. The Uniform Customs and Practice for Documentary Credit(UCP) has no provisions allowing legal relief for the applicant on the abuse of L/C by unscrupulous beneficiary, but UCC ${\S}5-114$ has provision allowing injunctive relief for the applicant. In this paper, I attempted to clarify certain standards of injunctive relief available for the customer in the credit. When there is fraud in the L/C transaction by any of the parties concerned, we must weigh the principle of independence or abstraction and the fraud rules. According to banking practice and judicial precedence, we need not keep the principle of independence and abstaction even in fraudulent transaction and the bona fide sufferer must be protected. The purpose of this paper is to review the studies of Fraud rule and the Injunction and to suggest the applicable standards for the Injunction therory under letters of credit. Specially this paper analysed the following ; (1) the guideline for the fraud (exception) rule to the autonomy principle, (2) the appilcable standards of the Injunction, and (3) the implications on parties concerned in letters of credit transaction. Conclusively, the Injunction should be granted if (1) there is clear proof of fraud (2) the fraud constitutes fraudulent abuse if the independent purpose of L/C (3) irreparble injury might follow if injunction is not granted or the recovery of damages would be seriously endangered.

• Journal of International Area Studies (JIAS)
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• v.14 no.2
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• pp.499-524
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• 2010

The purpose of this study is to based on review of theoretical and empirical studies to assess the independence of central banks - the former Socialist republics, including the Russian Federation and Czech, Poland. In addition, the work is expected to clarify whether a link exists between independence and the most important economic indicators such as inflation, economic activity, the budget deficit. And The subject of this study are the formal and actual independence of national banks, as well as limiting factors: political and economic. Background investigation of the problem of independence of central banks from the fact that, according to many economists, it is essential to the successful development of a market economy. The effectiveness of any country's economy due to currency volatility, low inflation, high reliability of the banking system, etc. As far as the independence of monetary regulation contributes to these goals - one of the most actively debated issues in the world of economic theory and practice for a long time. The issue of central bank independence is extremely important for Russia, Czech, Poland. In the near future to the central bank has important tasks, among which are the transition to inflation targeting in the rejection of significant intervention in the foreign exchange market, as well as improving the sustainability of the national banking system. Transparency and independence of the Bank of Russia, Czech Republic, Poland, in my view, should be an important factor in achieving these goals. The countries of Czech Republic, Poland have already made a number of steps to bring the status of their banks to the European standards. Many other developing countries are also in the process of reforming their central banks and the improving conditions of their functioning. However, despite the fact that as a model for reform used by the central banks of countries with developed market economies, central banks in developing countries are still yet deprived of the legal, economic and political independence. A different situation exists in transition space. Because of significant differences in the views of the authorities in transition republics at the necessary level of independence of central banks and the exchange rate and monetary policy reform of monetary management in these countries led to different results.

• Journal of Legislation Research
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• no.53
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• pp.61-107
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• 2017

It has been seventy-two years since the Korean Peninsular was divided into South and North Korea. When Korea was liberated from Japanese colonial rule in August 1945, the South and North established a capitalist system and a socialist system (communism) respectively, intensifying the ideological conflict and confrontation. The division of Korea was not confined to political and economical aspects, but extended to legal system, making it difficult to find legislative homogeneity in the two. The long-term situation of the divided nation results in a social phenomenon accompanied by legal division. For instance, shortly after its liberation from Japan's colonial rule, North Korea responded quickly to secure legal stability to govern the northern part while the Soviet army troops were stationed in it. Based on Marx and Engels' historical materialism, the North drove a change in its ideological superstructure by repealing the privatization of land property which was the means of production and finally enforced land nationalization, in common with other socialist states including the former Soviet Union. The North's land reform made under the guise of fulfilling national independence and doing away with anti-seigneurial and anti-feudalistic relations, has led to a wide difference in the systems between the South and Korea. This paper focuses on the legal systems of South and North Korea and is aimed at exploring the legal characteristics and environment of the North which became secluded from the world while engaging in socialist experiments for the past seventy two years against capitalism. Ongoing studies of legal system integration will be briefly discussed. The legal status of South and North Korea as a political entity will be investigated to overcome legal system division; and the characteristics of South-North relationship in legal terms and the limitations of the North's legal system will be also examined. Moreover, the directions for integrating legal systems and the plan for resolving legal system division will be suggested.

• Journal of Arbitration Studies
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• v.16 no.2
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• pp.213-238
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• 2006

Deferred payment letter of credit is the L/C that makes the issuing bank to pay a beneficiary at maturity stipulated in the credit. In this deferred payment letter of credit transaction, is it possible that a confirming or nominating bank payor negotiate before maturity? and the confirming or nominating bank have legal protection when paid or negotiated before maturity? These problems are raised in argument. By the way, Korea, Switzerland, Germany, and Italy are positive on the above question, but France, United Kingdom, and Singapore are negative. Therefore, when using deferred payment letter of credit, it is required to keep in mind that the understanding of maturity stipulated in the credit is different among countries, legal principles of each nations, and researchers. And other problems are raised also as follows; the application of Fraud Rule and principle of independence and abstraction as nature of credit, when to pay credit amount to beneficiary, and refusal of payment due to poor quality. Finally, it is required to use deferred payment letter of credit, after full understanding of deferred payment letter of credit pointed out in this paper.

• Physical Therapy Korea
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• v.10 no.2
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• pp.23-44
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• 2003

The purposes of this study were to investigate the accomodations for the disabled children of the elementary schools in Suwon and to give helpful information to the parents and teachers for the improvement of the independence of disabled children at school. We measured the ramps, toilets, doorways and other accomodations in 64 elementary schools according to the checklists. The checklists of these facilities were based on the legal requirements of "The Act for the Benefit of the Disabled, Elderly and Pregnant Women". The data was analyzed by descriptive statistics and the ${\chi}^2$ test. None of the investigated schools satisfied all the legal requirements of the facilities. Fifteen elementary schools had adequate accomodations for the disabled children which allowed them to move independently from the entrance of the school to their classrooms located on the first floor. Only eight of fifteen schools had elevators to access their classrooms upstairs. The schools were divided into two groups according to their construction dates; before and after April 11th 1998, when "The Act for the Benefit of the Disabled, Elderly and Pregnant Women" took effect. There were statistically significant differences in the number of toilets, the width of the toilet entrance, and the slope of the ramps between the two groups (p<.05). We suggest that the accomodations for the disabled children need to be established on a systematic and on-going basis in the future. The teachers and administrators should be more aware of the legal requirements for appropriate accomodations for the disabled children.

• Korean Management Science Review
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• v.28 no.3
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• pp.31-45
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• 2011

This study aims to analyze determinants and complementarities of the technological innovation protection mechanisms of Korean manufacturing firms. The results of the inter-industry comparison show that there are differentiations of the determinants among industries. Independence between legal and strategic protection mechanisms is found in the high technology industry, whereas complementarities exist between them in the low technology industry. It implies that the firms should take into account their endogenous and exogenous factors to choose appropriate combinations of the mechanisms when they build up their innovation protection strategies. This study expects to contribute to establishing technological innovation protection strategies in manufacturing industry.

• International Commerce and Information Review
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• v.11 no.3
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• pp.125-144
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• 2009

The purpose of this study is to research the investment environment of Vietnam and analyze the actual investment state of Korean enterprises in Vietnam and seek for the points at issue. In general, the investment environment in Vietnam shows both a positive side and negative side. However Vietnamese market is a attractive one as ever for direct investment of Korean enterprises considering their constant economy growth, investment increase of foreign company for Vietnam, China risk. And the point at issue in investment of Korean Enterprises is as follows. That is, inclining to manufacturing, preference of independence investment, small-sized investment by small and medium enterprises, preference of greenfield investment, restricted purpose of investment, insufficiency of infrastructure for logistics, electric power, legal system. The results of the study indicate mainly that the investment of Korean enterprise into Vietnam needs a switchover of the third service trade-tertiary industry, collaboration with Vietnamese enterprise through joint venture investment, a large-scale investment for Vietnam domestic market and neighboring countries' market, practical use of M&A with existing Vietnamese enterprise and diverse purpose for investment.

• Journal of Families and Better Life
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• v.15 no.2
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• pp.127-140
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• 1997

Researches found that the attitude of adult married children played an important role for the satisfaction and stability of the elderly remarriage. Therefore this study focused on the children's perception of the elderly remarriage. The results were as follows: Sex was found to be influential to elderly remarriage. Males were more positive than females. The degree of sex-stereotyping and supporting experience of the elderly parents were found to influence on children's perception. adult children positively perceived elderly remarriage as giving emotional satisfaction mutual-dependence and liveliness or freedom of later life. Meanwile they negatively considered elderly remarriage mainly because of traditional public attitudes toward remarriage difficulties of adaptation with step-familes and financial or legal conflicts. Adult children regarded health character financial independence and children's agreement level as the most considerate factors whereas the elderly the adaptati n among step-family members marital adaptaion and public attitudes toward their remarriage.