• 제목/요약/키워드: Legal point

검색결과 344건 처리시간 0.027초

농촌지역 개발정책의 지방화 방향 (Localization of the Rural Development Policy)

  • 최찬호
    • 농촌지도와개발
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    • 제4권1호
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    • pp.57-72
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    • 1997
  • Korean agriculture and rural sector has undergone a wide range of reform after the Uruguay Round. Major policy measure is to put finances of huge budget from tax payers since 1994 in preparation of the Rural Development Strategy and Reform Program. Both in the total amount and individual size of the subsidy and loan for eligible farmers and farmers group are large and drastically enormous than any other programs in the past. The strategy adopted was a bottom-up approach, Particularly in selecting the project with local autonomy. However, it has been still criticized as the form of centralized control of budget and decsion. In terms of the program effectiveness too, it is doubtful to judge that Korean agriculture is in a road to getting the international competetiveness as targeted. Since the local autonomy was started in 1995, the political structure has been settling in a way to be more locally institutionalized. Rural development policy, as the key point of economic and industrial dimension of local autonomy, should be initiated and practiced in real term by the local government. This paper, in this concern, in reviewing the past rural development prolicy and programs, discussed the necessary issues relevant to legal bases of land uses in Korea. Further, the direction of increasing local automous power of local government was discussed in the senses of budgetary control and decision. The power and budget should be allocated more to the rural development plans of local government in order to fulfilize integrated rural spatial development in this new era of globalization.

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인코텀즈 2000의 특징(特徵)과 문제점(問題點) (Incoterms 2000, Main Features and Problems)

  • 최명국
    • 무역상무연구
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    • 제14권
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    • pp.51-72
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    • 2000
  • The International Chamber of Commerce introduced in September 1999 its new publication Incoterms 2000(ICC Publication No 560). The ICC was building on the past experiences in its revision works. I have discussed and commented constructively some main features and problems of the new set of terms. Incoterms 2000 takes into account, like already its predecessor did, the possibility that the parties may decide to communicate electronically and replace a paper transport document by an equivalent electronic data interchange message. This possibility will certainly be much more used under the present set of terms. Incoterms 2000 is well recognised by the international legal community, taking into account also the endorsements by UNCITRAL to its predecessor in the early 90's. Incoterms 2000 does not have major competitors remaining. However, the ICC still faces a battle to convince more traders to refer to its terms and to teach traders to understand and to apply them correctly. Incoterms 2000 is a tool for international trade created by a global business organisation. Its members decide every day if and to what extent they make use of this tool. The members of the ICC have participated actively in the drafting and commenting of Incoterms 2000 and thereby shown again a great deal of dynamism in creating rules for their own everyday use. Under these circumstances, "ship's rail approach" related to delivery point, risks and costs should be replaced by "on board approach" under FOB, CFR and CIF terms.

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화환신용장거래에서 물품명세의 일치성요건에 관한 사례연구 (A Case Study on Complying Requirements of the Description of the Goods in Documentary Credit Transactions)

  • 김종칠
    • 통상정보연구
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    • 제10권3호
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    • pp.239-261
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    • 2008
  • Documentary credit transactions are judged by the principle of strict compliance. The compliance of the tendered documents with the credit's teams ensures the proper completion of the underlying transaction. But if the documents tendered by beneficiary differ, a discrepancy of documents occurs. Such a discrepancy raises difficult problems for the bank to which the documents are tendered. It has to decide whether to reject or accept them or to accept them under a protective mechanism. Therefore, this study is to examine the case study of complying presentation of the description of the goods in documentary credit through the Korean Supreme Court Cases. The objectives of this paper are as follow : 1. To examine two point of views on document compliance such as strict compliance and substantial compliance. 2. To analyze Korean Case Law which challenges the legal conclusions, standard for examination of documents and New ISBP. 3. To draw out the criterion for conformity and discrepancy of description in invoices and WC and to provide the guidelines for determining the nature and extent of an issuing bank's duty of documentary compliance. 4. Finally to suggest some implications through the Korean case law. By using the examination standards for description of goods suggested in Korean Case Law and New ISBP, the traders will be able to prepare documentation more perfectly and document checkers will be able to examine the negotiation documents more easily.

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Do Retail Regulations Protect Traditional Markets as Well as Independent Stores in Korea?

  • Cho, Young-Sang;Chung, Lak-Chae;Park, Jong-Ho
    • 유통과학연구
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    • 제12권9호
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    • pp.5-13
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    • 2014
  • Purpose -This study is to measure the effects of retail legislations on small retailers and traditional markets. Research Design, Data, and Methodology - The authors have developed a questionnaire with five hypotheses on the basis of previous research results and six constructs: the improvement of sales volume, the number of customers, the improvement of store traffic, the increase of store staff, business expansion and retail regulation. Furthermore, the research has adopted a five-point Likert-scale technique. In order to increase research reliability as well as validity, the authors have adopted a few different research techniques such as exploratory factor analysis (EFA) and confirmatory factor analysis (CFA). Results - Although existing retail regulations might be better than nothing for now, the degree of retail constraints on large retailers should be strengthened. Furthermore, different legal methods to protect mom and pops are needed. Conclusions - In order to improve the effects of retail restrictions on large retailers, the research indicates that the central government should change a retail policy, that is, introduce new technical ways to keep mom and pops and conventional markets.

지역별 특성을 반영한 도시재생사업 다각화 방안 (Diversification of Urban Regeneration Projects by Regional Characteristics)

  • 조승연;천지영
    • 토지주택연구
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    • 제2권2호
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    • pp.137-143
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    • 2011
  • 본 연구는 현행 도시재생관련 법제가 수도권 대도시의 주거지에 주로 중점을 두고 있어 비수도권 및 지방도시에 적용하기 어렵다는 문제인식에 따라 지역별 특성을 반영한 도시재생사업을 위한 제도개선 방향을 제시하고자 하였다. 구체적으로 인구규모와 지리적 위치 등을 고려하여 13개 사례지구를 선정하고 이에 대한 문헌연구와 지역전문가에 대한 심층자문을 통해 지역별 도시재생의 현황과 과제를 도출하고자 하였다. 그 결과 대부분의 도시에서 공통적으로 과다한 정비지구지정, 물리적 정비사업의 정체 등의 과제를 안고 있는 것으로 나타났다. 특히 각 지역의 인구 지리적 특징 및 민간참여가능성, 재정자립도 등을 고려할 때 물리적 정비의 방향, 정비 주체, 재정 및 전문가 지원, 도시재생사업의 범위 등의 차별화를 통한 도시재생사업의 전개가 시급하다.

주요 정보통신 기반시설 취약점 분석 및 평가절차 모델 개선 연구 (An Advanced Model for Week Point Analysis and Evaluation on Important Information Communication Infrastructures)

  • 최웅규
    • 한국방재안전학회논문집
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    • 제5권2호
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    • pp.43-48
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    • 2012
  • 주요 정보통신 기반시설의 중요성이 대두되면서 국내에서는 2001년부터 정보통신 기반보호법을 제정하여 주요 통신장비가 집중된 시설 및 정보통신 서비스 전국감시 시설, 국가 행정 운영 및 관리 시설 등을 지정하여 관리하고 있다. 이러한 주요 정보통신 기반시설에 대하여 해당 관리기관은 주요 정보통신 기반시설에 대한 취약점 분석 평가를 실시하고 있으며, 자체 수행이 불가능한 경우 외부 전문기관에 의뢰하여 진행하고 있다. 본 연구에서는 적절한 주요 정보통신 기반시설 취약점 분석 평가가 이루어 질 수 있도록 개선된 취약점 분석 평가 모델을 제시하였고, 주요 정보통신 기반시설에 이를 적용함으로써 검증 하였다. 관계기관은 본 연구를 활용하여 기관에 적합한 취약점 분석 평가를 수행 할 수 있을 것이다.

난개발 발생원인 분석과 개선방안 (A Reason of Reckless Development and Method of Improvement)

  • 임명구
    • 한국디지털건축인테리어학회논문집
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    • 제7권1호
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    • pp.7-13
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    • 2007
  • Virtues and advantages of urban areas would be tarnished if benefits and convenience of the cities were overwhelmed by the logics of selfish development and reckless expansion. Reckless development, which is not limited to a certain point of time and space, has become a social and environmental problem for a long period of time, taking advantage of legal and administrative loopholes. In the metropolitan area surrounding the capital, especially Yongin, where semi-agricultural zones have been developed recklessly, serious problems have already emerged including the lack of infrastructure, environmental contamination, destruction of scenic landscapes, encroachment of good farmland and forest and invitation of natural disasters. This study assumed all these problems as the consequence of the inadequacy of the legislative system and analyzed the causes. The study also suggests some countermeasures. Most of all, a "planning-first, development-later" practice should be brought into place so that various experts could participate for a detailed planning. Public development should also be expanded so that beneficial public facilities could be set up in the first place. A system for reasonable development charges should also be come up with. In this process, the role of the administrators becomes yet more important for a long-term, systematic planning of future cities, accompanied by public housing developments.

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Some Considerations for the Modernization of the Rome Convention, in case of Unlawful Interference

  • Fujita, Katsutoshi
    • 항공우주정책ㆍ법학회지
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    • 제23권1호
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    • pp.55-81
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    • 2008
  • Most compensation issues are regulated under domestic law where third parties are suffered damage from crushes of aircrafts or their falling objects. This issue was internationally recognized. A Convention to unify the rules of the law concerning damage caused by aircraft to the third parties on the surface was signed in May, 1933( the 1933 Rome Convention) and it became effective in 1942. Later, modernization was carried out through the 1952 Rome Convention and the 1978 Montreal Protocol amending the 1933 Rome Convention. Ratifying States either to the Convention or to the Protocol is not as many as those States to the Warsaw Convention concerning air-transport. In 1999, which was a turning point of changes of centuries from the twentieth century to the twenty first century, the Montreal Convention was passed to modernize the Warsaw Convention, and was quickly widespread. On September 11 2001, the coordinated simultaneous terror attacks occurred. In the circumstances, the issue modernizing the Rome Convention came up. Thus, workout under the initiatives of the Legal Committee of the ICAO is under operation to adopt new Rome Convention. In Japan, a study on the ICAO Draft Convention was operated by which a working study group composed of experts from academy, industry and government was set up. This article, being based on that study, clarifies issues and gives future perspectives. This article presents author's individual views.

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갈등의 영역 - 실내디자인의 지식체계와 프로페션의 건강, 안전, 복지 에토스와의 갈등 - (Contested terrain - Conflicts between BOK(body of knowledge) of interior design and HSW(health, safety, welfare) ethos of profession -)

  • 김덕수
    • 한국실내디자인학회논문집
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    • 제21권6호
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    • pp.177-185
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    • 2012
  • The endowed privilege to an established profession acts as an important motivation related to professionalization of occupations. The established profession enjoys cognitive, legal, and economic privilege. This study analyzes the professionalization process of interior design. Specifically, the study evaluates the suitability of the body of knowledge and professional ethos(i.e., protection of citizen's health, safety, and welfare), while analyzing the professionalization of interior design in the United States. The research aims at proposing a reference point for the professionalization of Korean interior design. Utilized data include research paper, court sentencing, and reports published by related professional organizations. The study concludes that 3E's are a means of professionalization of interior design, while separating interior design from interior decorating. In addition, there is no evidence to the protection of citizen's HSW. Rather, it increases service costs and restricts the job opportunities. When the public is not persuaded, the argument related to the necessity of license for the protecting citizen's HSW can be consumed as a mere rhetoric, concealing intentions for formulating a cartel. Thus, this study proposes that the professionalization of interior design may focus on the establishment of identity and body of knowledge, which are specific to interior design.

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일본의 개헌(改憲) 추진이 우리 해양안보에 미치는 영향과 대응방안 (The Impact of Japan's Pursuit of Constitutional Amendment on Marine Security and Countermeasures)

  • 허송
    • Strategy21
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    • 통권44호
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    • pp.54-78
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    • 2018
  • The core of the current constitutional amendment pursued by the Abe administration depends on the status of the Japanese Self-Defense Forces, which include the right to engage in war, in the legal and regular military positions. This is an important turning point for the Abe administration, which aims to become a normal country for Japan, and it is a series of steps that followed in the revision of the U.S. and Japan guidelines in 2015 and the overhaul of the security law in 2016. In this paper, we propose building "A navy Attractive to Alliances" as a way to secure Korea's maritime security under the current security environment. The term "attraction" refers to the alliance "first priority" especially in the United States. The way to do this is to transform the paradigm of the ROK-U.S. alliance into a naval hub in the vast seas, which will allow us to strengthen our national defense and even deter threats from neighboring countries. To this end, our navy needs to have a more active approach to U.S. East Asian strategy. If we can convince the United States to be a nation that contributes more to its East Asian strategy, it will only lead to a strengthening of the status of its alliance and expansion of its unilateral support and military capability against Japan, thus minimizing Japan's influence.