• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.41
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• pp.79-102
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• 2009

L/C transaction, the most important issue for the seller and the buyer is the theory of documentary transaction and the theory of strict compliance which are the principles of L/C transactions. According to the leading cases in England and America where the practice of L/C transactions was created and developed, the descriptions of the commodities specified on all the documents which are submitted based on an L/C, should be identical to the descriptions of commodities specified in the L/C. And further, many leading cases of L/C continuously repeat to emphasize strict compliance. However, the recent leading cases in and out of the country show that the principle of strict compliance is being weakened. The leading cases in America show two trends of weakening the principle of strict compliance. That is, on the contrary to strict compliance, tends to apply substantial compliance (which puts more value on the substance of the documents). These leading cases reflect the attitudes of the judicial and the legislative authorization that don't want to approve formal approach to the commercial law. Recently, the Supreme Court of Korea is giving a decision on the principle of strict compliance, "The documents attached to an L/C should strictly comply with the conditions in the L/C, but it doesn't mean that they should be perfectly identical without any mistake in words. In case the bank can understand through reasonable care that a small mistake in words is too trivial to give different meaning or to give damage to the conditions of the L/C, the documents are regarded to comply with the conditions of the L/C. However, the judgment should be based on whether the difference between the documents and the L/C can be admitted by the international standard bank transaction practice or not." This decision tells that the principle of strict compliance is quite much modified so application of this modification can't be ignored. However, from the viewpoint of the party who requests to open an L/C, there is a criticism that a bank's arbitrary judgement can be involved. Therefore, reviewing the original purpose of L/C transactions (activating international transactions), the principle of strict compliance may be thought old-fashioned because it emphasizes a form, but in reality, for prompt transaction and payment, the principle of strict compliance should be observed in L/C transactions. And further, if a legislative device is prepared to systematically compensate for several side-effects, the principle of strict compliance will improve dynamic flow of prompt and low-costly L/C transactions. On the other hand, it will be able to protect the interested parties.

• Korean Journal of Legislative Studies
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• v.27 no.1
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• pp.5-40
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• 2021

This study attempts to analyze gender gaps in voter turnout for three different types of elections held since 2017 at the aggregate level using the Central Election Management Commission's turnout data, paying attention to the importance of women's voting. The findings are as follows. First, modern gender gaps in voter turnout at the aggregate level are confirmed in most regions regardless of election types. Second, the gender gap in turnout varies with age. The gender difference is verified in the "widowhood effect," where turnout decreases in the oldest-old. In the new voter group, modern gender gaps appear in most regions. The reversed gender difference in turnout in the late 20s, which reflects the Korean society's characteristics, is confirmed in all elections. Third, it is unclear whether the reverse gender gap in turnout becomes more pronounced in urbanized districts. As urbanization progressed, modern gender differences in voter turnout across age groups are observed at the population-based size level. Paradoxically, the modern gender gap tends to be weak and turns into the traditional gender gap in younger age groups (in the late thirties) in Gangnam-gu and Seocho-gu, the most modernized districts in Seoul. These results show that the modern gender gap in turnout is now a common phenomenon and continues to be strengthened by newly recruited voters in Korea. Thus we should pay more attention to female voters' political behavior and a new approach beyond the developmental theory to understand the causal mechanism to generate the modern gender gap in voter turnout.

• Korean Journal of Social Welfare
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• v.57 no.1
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• pp.147-167
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• 2005

In the West, the model for provision of services to the disabled has shifted from a focus on the individual to that of a social model. This shift reflects a movement away from a materialist approach to one that is grounded in idealism. In the context of themultiple service paradigm movement this paper explores trends in the provision of social services to the disabled in Korea. In order to accomplish this task the writer conducted an analysis of Korean Community Chest proposals, existing legislation and legislative systems as well as the disability movement in Korea. Data was collected from the 2003 program proposals submitted to the Korea Community Chest. This data was classified using Priestly's Multiple Service Paradigm of Disability. The results suggest that the Korean Community Chest favored an individual idealist approach. There was only limited support given to proposals that reflect the social model approach and thus issues of accessibility, independent living and inclusion are given short shrift. This paper argues the need for a reversal of this trend through the Korean Community Chest supporting issues mentioned above and that the social model should be given greater attention by this funding body. Implications for practice using the multiple paradigm model are discussed.

• Korean Security Journal
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• no.6
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• pp.1-46
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• 2003

During the ancient times, there was no separative judicial system and administrative , legislative and judiciary functions were ultimately concentrated in the all-powerful monarch. And the three states developed state organization , adopting hieratical structures and placing at the pinnacle . State Codes were promulgated to initiate a legal system to rule the people, these codes instituted under influence of China codes. The people tradition sees crime control as the preservation of the authority of hereditary rulers. In the period of the Koryeo dynasty, government accepted a serious of detailed penal code from Tang dynasty . Legal response to crime stressed preservation of the dynasty rather than making citizen behave according to certain rules. In the period of Early Joseon , the compilation of Grand Code for state administration was initiated, the Kyeongkuk Taejeon ,became comer stone of the dynastic administration and provided the monarchial system with a sort of constitutional law in written form. This national code was in portant means of criminal policy at that time, Late Joseon , the impact of Western culture entering through China gave further impetus to pragmatic studies which called for socio-economic reforms and readjustment. Approach to criminal justice policy emphasized more equitable operation of the criminal justice system ,rehabilitation and crime control. Korea-Japanese Treaty concluded on 22 August ,1910 and proclaim a week later ,Japan gave the coup de grace to the Korea Empire and changed the office of the Resident - General into the Government - General . Thus korean criminal policy were lost during a dark ages ,which lasted for 36 years after fall of Joseon Dynasty (the colnial period,1910${\sim}$1945). After 1945 Korea's liberation from Japanese colonial rule, the occupation of devided Korea by the United States and Soviet Union frustrated the efforts of Koreans to establish an independent government, and the transplantation of two conflicting political ideologies to south and the north of the 38th parallel further intensified the national split. U.S. military government office occupied the south of the 38 the parallel and placed emphasis on democracy of criminal policy. ln 1948, the U.S. military government handed over to the ROK government its administrative authority.

• Proceedings of the Korea Contents Association Conference
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• 2007.11a
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• pp.183-187
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• 2007

During the recent decades in democratic and industrialized countries, government policies for governing technological innovation and risks to environment and human health have undergone significant changes. The shift from a top-down legislative approach to a more inclusive and deliberative atmosphere is, putatively the most prominent change. Such a move is often described as a move from government to governance. In the governance of technology and risk, public engagement has been a major strategy in technology decision-making process. This article aims to look into the changes in the procedural modes of technology decision-making process. It discusses the main viewpoints that have been placed on the basis of such a move. Also, it further relates the changes in local decision-making process to science and technology decision-making at global level. It argues that the democratic and reflexive trends in local science and technology decision-making will be the basis upon which to shape and respond to global governance system: while international decision-making process would require accountability in integrating different values and rationalities, such accountability may be sustained and reinforced depending on the robustness of the local decisions and social choices.

• Journal of Arbitration Studies
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• v.9 no.1
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• pp.183-232
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• 1999

The legislative body of The People's Republic of China, the National People's Congress, enacted the first arbitration act in China's history on August 31st, 1994, which took effect on September 1, 1995. The problems revealed through a comparison of China's Arbitration Act with the UNCITRAL model arbitration law were studied as well as the enacting process, background, status and system, important contents, problems of Chaina's Arbitration Act, and the differences between the old arbitration regulations and the new arbitration act. These are all discussed in this paper. The Arbitration Act is the basic act ruling over china's arbitration system: it unified the previously confusing laws and regulations relevant to the arbitration system, and the act brings out fundamental changes in China's domestic arbitration to the level of international arbitration standards. It is possible to view this act as a cornerstone in China's arbitration system. But, as discussed in this paper, there are still a lot of problems with the new act and only a few of the merits which the UNCITRAL model arbitration law has. First, under China's Arbitration Act, parties enjoy autonomy to some degree, but the range of party autonomy, compared to that of the UNCITRAL model arbitration law, is too narrow. Second, because China's Arbitration Act didn't explicitly provide issues which can give rise to debate, a degree of confusion in its interpretation still remains. Third, China's Arbitration Act's treatment of some important principles was careless. Fourth, in some sections, China's Arbitration Act is less reasonable than the UNCITRAL model arbitration law. These problems must be resolved in order to develop China's arbitration system. The best way of resolving these problems for China is to adopt the UNCITRAL model arbitration law. But it is difficult to expect that China will accept this approach, because of the present arbitration circumstances in China. Although it is difficult to accept all the contents of the UNCITRAL model arbitration law, China's legislators and practitioners must consider the problems mentioned in this paper.

• Safety and Health at Work
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• v.10 no.4
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• pp.420-427
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• 2019

Introduction: To prevent and manage the societal and economic burden of occupational diseases (ODs), countries should develop strong prevention policies, health surveillance and registry systems. This study aims to contribute to the improvement of OD surveillance at national level as well as to identify priority actions in Turkey. Methods: The history and current status of occupational health studies were considered from the perspective of OD surveillance. Interpretative research was done through literature review on occupational health at national, regional and international level. Analyses were focused on countries' experiences in policy development and practice, roles and responsibilities of institutions, multidisciplinary and intersectoral collaboration. OD surveillance models of Turkey, Belgium and the Netherlands were examined through exchange visits. Face-to-face interviews were conducted to explore the peculiarities of legislative and institutional structures, the best and worst practices, and approach principles. Results: Some countries are more focused on exploring OD trends through effective and cost-efficient researches, with particular attention to new and emerging ODs. Other countries try to reach every single case of OD for compensation and rehabilitation. Each practice has advantages and shortcomings, but they are not mutually exclusive, and thus an effective combination is possible. Conclusion: Effective surveillance and registry approaches play a key role in the prevention of ODs. A well-designed system enables monitoring and assessment of OD prevalence and trends, and adoption of preventive measures while improving the effectiveness of redressing and compensation. A robust surveillance does not only provide protection of workers' health but also advances prevention of economic losses.

• Journal of environmental and Sanitary engineering
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• v.19 no.4 s.54
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• pp.34-47
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• 2004

Although Environmental Impact Assessment(EIA) in Korea has been improved markedly over the past two decades, by enlarging the range of projects for assessment, instituting pub lic participation and environmental monitoring, and similar measures, it remains deficient in its coverage of human health in Environmental Impact Statements(EISs). Health Impact Assessment(HIA) can supply the necessary correctives. HIA is a combination of procedures, methods and tools by which a policy, programme, projects or legislative procedure may be judged for its potential effects on the health of a population, and the distribution of these effects within it. The principle of health protection is, however, established as a primary concern in EIA processes, in practice health is scarcely mentioned or the discussion is limited to a description of effects through the biophysical environment. The whole range of possible effects on health, including those mediated by socio-economic factors is often ignored, and no effective mechanism are in place to successfully incorporating health criteria and expertise into environmental, assessment(EA) that include ElA, SEA. These are foremost among the current issues facing EIA in Korea.

• Korean Journal of Health Education and Promotion
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• v.16 no.2
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• pp.187-203
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• 1999

This paper will discuss about how we can foster educational support mechanisms to facilitate health promotion programs at the local level. Health promotion in Korea is in the early developmental stage; it has only been since the Health Promotion Act was legislated in 1995, the health promotion programs have been planned and implemented. In the context of the recent decentralization process, local health departments have a major responsibility for developing and implementing health promotion programs at the local level. The short history of health promotion in Korea has meant that local public health departments have limited experience and organizational capacity for health promotion planning ＆ practice. The results of one survey for investigating the progress of health promotion at the local level are instructive. The survey demonstrated that the public health workers recognized that the lack of personnels, insufficient budget, the lack of policy ＆ the organizational support, the lack of skill ＆ knowledge to be effective health promotors, the lack of guidance for health promotion practice were major barriers to implementing health promotion programs at the local level. The object of this paper is to suggest some ways of overcoming barriers to implementing health promotion programs at the local level This paper emphasizes on the importance of educational supports as well as environmental supports - legislative, policy, organizational, economical - in building the organizational capacity and infrastructure of local health department for health promotion. It suggests some ways of providing educational supports to the public health workers at the local level. and supports the positions that educational opportunities for training in health promotion can be better provided to the public health workers at the provincial level rather than at the national level. It argues that the educational ＆ training programs should be developed and based on the educational need assessment; that the application of the main educational principles ＆ theoretical models for health promotion be used to develop educational programs for the public health workers; and that professional health organizations should make plans to provide more educational programs at their annual conferences or at other convenient times. These kinds of educational supports facilitate the ability of public health workers to improve their capacity for health promotion practice at the local level and help to alleviate some of the pressure on state resources.

• Journal of Information Science Theory and Practice
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• v.1 no.3
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• pp.60-73
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• 2013

The Database Industry Promotion Act was proposed at the National Assembly plenary session on July 26, 2012 and since then it has been in the process of enactment in consultation with all the governmental departments concerned. The recent trend of economic globalization and smart device innovation suggests a new opportunity and challenges for all industries. The database industry is also facing a new phase in an era of smart innovation. Korea is in a moment of opportunity to take an innovative approach to promoting the database industry. Korea should set up a national policy to promote the database industry for citizens, government, and research institutions, as well as enterprises. Above all, the Database Industry Promotion Act could play a great role in promoting the social infrastructure to enhance the capacity of small and medium-sized enterprises. This article discusses the background of the development of the Database Industry Promotion Act and its legislative processes in order to clarify its legal characteristics, including the meaning of the act. In addition, this article explains individual items related to the overall structure of the Database Industry Promotion Act. Finally, this article reviews the economic effects of the database industry for now and the future.