• Title/Summary/Keyword: Legal reason

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A Study on the Selection of Arbitrators and the Characteristics of Arbitrators by Their Expert Field (중재인선정 및 분야별 중재인 특성에 관한 연구)

  • Shin, Koon-Jae
    • Journal of Arbitration Studies
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    • v.19 no.3
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    • pp.141-160
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    • 2009
  • This article examines some factors that should be taken into consideration as the number of arbitrators to constitute arbitral tribunal, how to select them and the characteristics of arbitrators by their expert field, and the various problems that may arise in selection of arbitrators. When dispute parties select one arbitrator or a chairman of arbitral tribunal, they should consider the characteristic of case. When legal problem is more important, they should select a lawyer, whereas when trade practice is more important, they should select a businessman. Especially, when they decide to select a businessman as one arbitrator or a chairman of arbitral tribunal, they allow him not to write the reason of award if possible because he is lack of know-how to write it. Also, dispute parties should acquire the information of the main career and character of arbitrator, his experience of arbitration and so on before they select him.

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The General Principles on the Contract of Internet Electronic Commerce (인터넷 전자상거래(電子商去來) 계약성립(契約成立)의 일반원칙(一般原則)에 관한 소고(小考))

  • Kim, Jae-Seong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.215-233
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    • 2000
  • We know there are tremendous increasing of electronic commerce transaction but don't have efficient method to cover the risk of it. Even though the risk why we make a deal by electronic commerce. The reason, I think, is its conveniences of little cost and by no means of papers or tele-communications. When the valid contracts are achieved you may have some problems because of different legal systems of the world. If the contractual quarrels break it is very difficult to solve it. So it is important to choose the governing law to avoid troubles when you make the contract on internet electronic commerce. The purpose of this study is to review the general principles of contract of internet electronic commerce.

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A Study on Collision and Legal Comparision of Application in Marine Traffic Laws (선박균형과 해상교통법규의 적용범위에 대한 비교법적 연구)

  • 강동수
    • Journal of the Korean Institute of Navigation
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    • v.17 no.1
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    • pp.49-60
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    • 1993
  • As the marine traffic thickens all over the world, the rate of marine casualities is on the increase, Also in Korea the number of the killed and the injured resulting from marine casualities such as ship's collision, increase continuously and the rate of marine casualities in 1992 came to the highest level in the world. The reason of rapid increasing the rte of marine casualities is the mistake of ship's steering in most case. By the way, because the administration of marine traffic is regarded as the belongs of land traffic, the scope of application in laws related to the safety of marine traffic is duplicated or unreasonable. In the view, in case of ship's collision, it is important to know the scope of application in Korean marine traffic laws and to point out the problems companies with them. Therefore, I suggest the improvement of marine traffic laws related to the safety of traffic administration.

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A Basic Study on the Introduction of Professional Indemnity Insurance for Construction Project Managers

  • Cho, Young-Jun
    • Journal of the Korea Institute of Building Construction
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    • v.13 no.2
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    • pp.102-111
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    • 2013
  • During the administration of a construction project, various types of participants are engaged in the project. From the design phase to the maintenance phase, these participants may confront many risks. To avoid these risks, participants should utilize an insurance company or a bond company. The types of risks and liability that a construction manager may face are listed in the construction law or contract. But there are some arguments related to risk transferring and the content of risks. For this reason, construction managers must carefully consider any possible risks in the contract and the construction law. Therefore, for construction managers to deal with risks appropriately, the introduction of a legal requirement to carry professional liability insurance, a defined compensation range for damages, a method of guarantee in the event of defects, a defined compensation claim period for damage, and a method of damage claim were suggested in this study.

A Study on the Safety Management Structure in Railway (철도에서의 안전성 인증방안에 관한 연구)

  • Joung, E.J.;Lee, J.W.;Hwang, J.G.;Kim, Y.M.
    • Proceedings of the KIEE Conference
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    • 2001.04a
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    • pp.433-435
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    • 2001
  • Certification is the process of issuing a certificate to indicate conformance with a standard, a set of guidelines or some similar document. Any organization or individual may issue a certificate. In some cases a certificate may be required for legal reason. In such circumstance the certificate takes on the role of a licence from a statutory authority. In railway industry safety has always been the first concern. To achieve certification, specific safety management is required. In this paper, different types of safety management process through out the world are mentioned, and safety management structure appropriate to our circumstance is represented.

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Suggestion of Development and Assessment Procedure for Railway Software (철도소프트웨어 개발 및 평가프로세스 제안)

  • Joung, Eui-Jin;Shin, Kyung-Ho
    • Proceedings of the KSR Conference
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    • 2008.06a
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    • pp.378-383
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    • 2008
  • One of the main concerns of railway system is to secure safety. Nowadays digital technology has been rapidly applied to safety critical system. The digital system performs more varying and highly complex functions efficiently compared to the existing analog system because software can be flexibly designed and implemented. The flexible design makes it difficult to predict the software failures. For this reason, the safety criteria are suggested to secure the software safety for the field of railway system. Following them, the railway software have to be examined whether it is properly developed according to the safety criteria and certification process. Because the articles suggested in safety criteria are written in legal term, it is difficult to apply the criteria to develop railway software. This paper suggests and discusses a development and assessment procedure to solve these issues for railway software with more detail description.

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The Professionalism and Enlightenment of Pierre Fauchard, a scholar of 18th century (임상가를 위한 특집 1 - 18세기 피에르포샤르의 '전문가주의'와 계몽주의)

  • Lee, Jue-Yeon
    • The Journal of the Korean dental association
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    • v.52 no.11
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    • pp.656-669
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    • 2014
  • This literature considers Pierre Fauchard's exploits under historical context of the enlightenment movement and development of the surgery during 18th century in France. <치과의사 Le Chirurgien Dentiste, ou Traite des dents>, a vast collection of the former and contemporary dental knowledge, technologies, and skills, established Modern Dentistry. To emphasize the professionality of dental treatment and actions involving it, Fauchard replaces the title 'dental expert' with 'stomatologist, or Le Chirurgien Dentiste' As professionalism tried to contribute to the public interest by sharing dental knowledge and technolgies, it had become a model for the dentists. Moreover, the professionalism has been accepted as an important value throughout the manufacture crafts era and the modern capitalist industrial society. Also the principles of liberty, equality, and tolerance founded during enlightenment movement, which is based on empirical positivism and rational reason, has become the legal basis of modern nations. In order to resolve the contradiction or conflict between 'liberty and equality' by 'tolerance for the public benefit', Korean dentists need develop professionalism.

Problems and Prospects for Overseas Agricultural Investment (해외농업개발의 문제점과 전망)

  • Kim Byung Chul
    • Proceedings of the Korean Society of Crop Science Conference
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    • 1998.10a
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    • pp.24-40
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    • 1998
  • This study attempts to make an observation on the problems and prospects for overseas agricultural investment(OAI) through the insights of farming and farmed companies abroad and through secondary data. OAI mainly aims at the securing steady supplies of crops, which could be anticipated to have increased foreign dependence, and to prepare for crop price fluctuations in the international markets. These functions of OAT are classified with the public and private sector. The public sector needs are largely crops supply for national food consumption and bilateral collaboration between nations. The private sector needs are to gain maximum profits from agricultural investments and to produce raw material for self-consumption in overseas farming companies. The problems in OAI are legal and institutional restrictions in the project area or nation; generally economical unfeasibility in the farm projects, and technical limitations of the farming companies. The prospects of OAI are not very promising. The reason why those many companies which previously planned on OAI changed their investment plans after what is called IMF system with financing difficulties.

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A Study on the Key Points of Korean MPL Training System

  • Lee, Jang Ryong;Kwon, Moonjin;Kwon, Hanjoon
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.29 no.2
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    • pp.117-121
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    • 2021
  • Multi-crew Pilot License (MPL) is an international pilot certification adopted by the International Civil Aviation Organization (ICAO) in 2006 under the recognition of the need for efficient and systematic pilot training including the education of pilots with advanced aviation technology and ability to respond to flight environment, resolution of the human factor problems of pilots, and provision of stable training tools for transport aircraft pilots for potential risk of pilot shortage in the future. South Korea also has prepared a legal basis for operating an MPL system in the Aviation Act in 2009, but there has been no domestic MPL qualifier. The biggest reason for this seems to be the insufficient domestic MPL training system. Therefore, it is necessary to benchmark the international standards of the ICAO, and to promote the development of the Korean MPL training system through revision and supplementation of laws and regulations in consideration of Korean circumstances.

Problems on the FOB Seller's Legal Status under the Rotterdam Rules (로테르담 규칙에서 FOB 계약의 매도인의 법적지위 문제)

  • CHOI, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.65
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    • pp.51-70
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    • 2015
  • The Rotterdam Rules are not phrased in favour of FOB seller's legal status. Whether it will be wise under the Rotterdam Rules to trade on the basis of cash against M/R largely depends on the interpretation of various provisions of the Rotterdam Rules. To protect his interests the M/R holder and his assigns must have a right of delivery of the cargo at the port of destination. The M/R holder and his assigns must be entitled to the bill of lading or at least be able to prevent the carrier from issuing the bill of lading to the shipper. Besides, any additional right of instruction on the part of the shipper must be blocked. Article 35 of the Rules entitles only the shipper to the bill of lading while 47 entitles only the holder of the bill of lading to delivery. When no bill of lading has been issued Article 45 grants to the shipper a right of instruction whereby the shipper is allowed to advise the carrier as to the name and the address of the consignee. I have suggested that by lack of a specific provision to the contrary the Rotterdam Rules have to be considered to be embedded in the system of law as a whole. From the Common Law it follows that a M/R holder, as owner of the cargo, can ask for delivery of the cargo. As owner of the cargo a M/R holder can also claim the bill of lading, if he does so in time, because it must be implied in the contract of carriage that the carrier must deliver the bill of lading to the owner of the goods. It is for the same reason that a M/R holder can prevent the carrier from issuing the bill of lading to any third party but the M/R holder and from taking instructions from the shipper as to name and address of a consignee other than the M/R holder.

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