• 제목/요약/키워드: Model Law

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Compliance of Electronic Bill of Lading Regulation in Korea with Model Law on Electronic Transferable Records

  • Choi, Seok-Beom
    • Journal of Korea Trade
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    • 제23권3호
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    • pp.68-83
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    • 2019
  • Purpose - The UNCITRAL Model Law on Electronic Transferable Records (Model Law) is based on the principles of non-discrimination against the use of electronic means, functional equivalence, and technology neutrality underpinning all UNCITRAL texts on electronic commerce. Investigating the disagreements between the Model Law and the Koran Commercial Act (KC Act), including the B/L Regulation, and suggesting the revision of the KC Act including the B/L Regulation, could be a valuable study. The purpose of this paper is to contribute to the harmonization of Korean legislation regarding electronic bill of lading in compliance with the Model Law. Design/methodology - The Model Law is flexible to accommodate the use of all technologies and models, such as registries, tokens, and distributed ledgers: that is, blockchain. In 2007, the KC Act was revised to regulate electronic bills of lading to promote the widespread legal use of electronic bills of lading. In addition, The Regulation on Implementation of the Provisions of the Commercial Act Regarding Electronic Bills of Lading (the B/L Regulation) was enacted to regulate the detailed procedures in using electronic bills of lading in 2008. This paper employs a legal analysis by which this paper does find differences between two rules in light of technology neutrality and global standard of electronic bills of lading model. Findings - The main findings are as follows: i) the Korean registry agency has characteristics of a closed system. ii) The KC Act has no provision regarding control. iii) The KC Act discriminates other electronic bills of lading on the ground that it was issued or used abroad. Moreover, this study does comprehensive analysis of Korean Acts in comparison with the Model Law and, in particular, this study analyzes the differences between the KC Act and the Model Law by comparing article by article in view of the harmonization of the two rules. Originality/value - The subject of previous several studies was draft provisions on Electronic Transferable Records before completion of the Model Law; thus, these studies did not take into consideration the character of the Model Law as the Model Law was chosen at the final stage of legislation. This study is aimed at the final version of the Model Law. So, this study is meaningful by finding the suggestion and directions for the Korean government to revise the KC Act and the B/L Regulation in line with the Model Law.

다수국간법정립행위로서의우주기지협정에관한고찰(多数国間法定立行為としての宇宙基地協定に関する一考察) (Consideration on the Convention of Space Station as Law-Making Process among Nations)

  • Horish, Saito
    • 항공우주정책ㆍ법학회지
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    • 제14권
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    • pp.87-110
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    • 2001
  • This Article examines a structure of two Conventions of Space Station, compares 1988 Convention and 1998 Convention, and tries to apply "model" to it. The structure of 1988 Convention shows us three phases: the Convention as a framework, the bilateral memorandum of understanding and the legislation by domestic process of United States. There were many advantageous provisions for United States. In 1998 Convention, however, those provisions are dampened and provisions become impartial, for example, the criminal jurisdiction, the right of intellectual property and the codes of conducts in Space Station. On the other hand, we sets the "model" up, that is "input of national benefits and ideas ${\Rightarrow}$ process of law-making ${\Rightarrow}$ output of common benefits, universal ideas and wastes." In the case of applying this "model" to 1988 and 1998 Conventions, we are convinced of enough possibility to understand and explain the legal system of Space Station by this "model." This result awakes us that study of legal system of Space Station according to the "model" influences the fundamental theory of International Law Study: the relation between international law and domestic law. This "model" has possibility to change the theory of relation between from "international law and domestic law" to "domestic law and domestic law through international legal system." In the end, we should reconsider on "policy-oriented jurisprudence" by professor McDougal to use his key words for explanation of concepts in the "model," because his theory contains important suggestions to the study of law-making process and legal system for outer space activities in the near future.

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노인부양행위의 결정요인 II : 인과모형 개발 (Determinants of Housewives' Caregiving Behavior to Elderly Parents-in-Law (II) : Development of a Causal Model)

  • 김상욱
    • 한국사회복지학
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    • 제38권
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    • pp.33-67
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    • 1999
  • This study is the second phase of the author's larger attempt to investigate the factors affecting housewives' caregiving behavior to their elderly parents-in-law. Specifically, it revises and expands the previous model (1998) and develops a new one by rectifying the three major problems inherent in the previous study: (1) misspecification error; (2) non-equivalent comparison of results between the father-in-law model and mother-in-law model that stems from the inclusion of heterogeneous group of caregivers; (3) measurement problems for the two endogenous variables of eldercare attitude and behavior. To do this, the current study proposes a more comprehensive model by additionally incorporating other salient exogenous variables, renders the comparison of results between the father-in-law and mother-in-law models equivalent by including only homogeneous group of caregivers (i. e., only those housewives whose parents-in-law are both alive), and introduces standardized measurement scales for the endogenous variables. Estimation of the model in terms of maximum likelihood procedures in LISREL8 attests to a better overall performance over the previous model when judged from several criteria such as coefficient of determination, model fit statistics, proportion of significant causal paths, and measurement properties of reliability and validity for the variables. Interpretation of the findings suggests several salient theoretical implications that concern such crucial issues as the inconsistency between eldercare attitude and behavior, patterns of association among the subdimensions of eldercare, and the difference in the antecedents explaining attitude as opposed to behavior of eldercare. In particular, the finding that indicates almost no differences in the determinants between the father-in-law and mother-in-law models suggests a strong case to argue that caregiving behavior to fathers-in-law and mothers-in-law, respectively, is likely to be a uniform phenomenon sharing virtual1y the same antecedents, and that a unified single model is sufficient to account for caregiving behavior to both parties.

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궤도상을 이동하는 커서 이동시간의 예측 모델 (A Time Prediction Model of Cursor Movement with Path Constraints)

  • 홍승권;김성일
    • 대한산업공학회지
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    • 제31권4호
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    • pp.334-340
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    • 2005
  • A mouse is an important input device that is used in most of all computer works. A mouse control time prediction model was proposed in this study. Especially, the model described the time of mouse control that made a cursor to move within path constraints. The model was developed by a laboratory experiment. Cursor movement times were measured in 36 task conditions; 3 levels of path length, 3 levels of path width and 4 levels of target's width. 12 subjects participated in all conditions. The time of cursor movement with path constraints could be better explained by the combination of Fitts' law with steering law($r^2=0.947$) than by the other models; Fitts' law($r^2=0.740$), Steering law($r^2=0.633$) and Crossman's model($r^2=0.897$). The proposed model is expected to be used in menu design or computer game design.

국제상사중재에서 중재판정부에 의한 임시적 처분에 관한 고찰 -우리나라 개정 중재법과 UNCITRAL 모델중재법을 중심으로- (A Study on the Interim Measures by Arbitral Tribunal in International Commercial Arbitration -Focus on the Korean Revised Arbitration Law and UNCITRAL Model Law -)

  • 유병욱
    • 무역상무연구
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    • 제76권
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    • pp.21-47
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    • 2017
  • Interim measures by an arbitral tribunal aim to protect the parties' rights before or during arbitral proceedings for avoiding frustration of the final award in international commercial disputes. Even though decisions of the interim measure are expected to be performed by parties directly during the arbitral processing, it is not easy to be provided by the arbitral tribunals cause of lack the power to enforce their decisions directly against the parties. Particular court supports mechanism for enforcement directly to assistance to arbitral tribunal's decisions. Decisions on interim measures are provisional. Even though the arbitration is ongoing to request interim measure directly to the arbitral tribunal, relevant courts are able to ensure effective relief cause by the difficulty of limited rights of the arbitral tribunal. In this time both revised Korean Arbitration Act in 2016 and UNCITRAL 2006 revised Model Law are complemented to attach articles for recognition and enforcement of interim measures by arbitral tribunal during the arbitration processing. It could be possible to enforcement of decisions of interim measures by arbitral tribunal on the revised arbitration law. In this paper it is considered the problems and alternatives on related applicable articles and articles of recognition and enforcement for the interim measures by arbitral tribunal under the revised UNCITRAL Model law and Korean Arbitration Act.

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A Study of the Development of the Stress Optic Law of Photoelastic Experiment Considering Residual Stress

  • Suh, Jae-guk;Hawong, Jai-sug;Shin, Dong-chul
    • Journal of Mechanical Science and Technology
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    • 제17권11호
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    • pp.1674-1681
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    • 2003
  • Photoelastic experiment has two significant problems. The first problem is manufacturing a model specimen for complicated shapes of structures. The second problem is residual stress contained in the photoelastic model material. In this paper, the stress optic law that can be effectively used on photoelastic model materials with residual stress is developed. By using the stress optic law as developed in this research, we can obtain good results in photoelastic experiments using model material in which residual stress is contained. It is assured that the stress optic law developed in this research is useful. Therefore, it is suggested that the stress optic law considering residual stress can be applied to the photoelastic experiment for the stress analysis of the composite materials or bi-materials in which the residual stress is easily contained.

한.일 중재법상 중재판정의 비교법적 고찰 (A Comparative Study Arbitral A ward under the Arbitral Laws between Korea and Japan)

  • 최석범;정재우;김태환
    • 한국중재학회지:중재연구
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    • 제16권1호
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    • pp.81-119
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    • 2006
  • The parties in the trade can have full autonomy and can resolve disputes independently, impartially and without delay by selecting arbitration by agreement. Korea and Japan had revised their Arbitration Laws to incorporate as many provisions of the 1985 UNCITRAL Model Law as possible. Japan had amended its century-old arbitration law, becoming the 45th country to adopt the UNCITRAL Model Law on International commercial arbitration. New Arbitration Law was enacted as Law No.138 of 2003 and effective on March 1, 2004, is applicable to both national and international arbitration. Korea had amended its arbitration law on December 31, 1999 and its New Arbitration Law incorporates the most of the 1985 UNCITRAL Model Law as Japan. Arbitration must be popular in resolving international commercial disputes in Northeast Asian bloc in order to increase the volume of intra-trade in the Northeast Asian bloc. But in order for the parties to make use of arbitration in the bloc, the arbitration laws of nations in the bloc must have similarity and unification. As Korea and Japan playes important roles in the bloc, both nations's arbitration laws must be studied in view of similarity and difference to unify both nations' arbitration laws by way of showing an example. Therefore, this paper deals with both nations' arbitration laws in view of comparative law to unify their arbitration laws and Northeast Asian Nations' arbitration laws.

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A Study on the Amended Arbitration Law of Mongolia

  • Woo, Jae-Hyong;Lee, Min Kyu
    • 한국중재학회지:중재연구
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    • 제27권3호
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    • pp.95-107
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    • 2017
  • Mongolian government enacted the Foreign Trade Arbitration Law to modernize the practice of commercial arbitration. Nevertheless, the Foreign Trade Arbitration Trade Law fell short on a number of fronts and arbitration itself remained a distant second option to litigation within Mongolia. Law on Arbitration of 2003 aimed to modernize the Mongolian arbitration framework so that it would mirror the UNCITRAL Model Law on International Commercial Arbitration. At the same time, the Law on Arbitration 2003 made a conscious decision to deviate from international norms with respect to certain aspects in order to accommodate for the unique circumstances and characteristics of Mongolia. For example, unlike its UNCITRAL counterpart, the Law on Arbitration of 2003 did not include an exhaustive list of grounds for refusing the recognition and enforcement of arbitral awards. In that sense, the Law on Arbitration of 2003 was a resounding success and a drastic improvement on the Foreign Trade Arbitration Law. These factors convinced the Mongolian government to once again revise its arbitration law. This process, which started in 2008 with the help of foreign law firms and institutions, ultimately culminated in the Law of Arbitration of 2017. The chief objective of the Law of Arbitration of 2017 was to more closely adhere to preexisting international norms on arbitration such as the Model Law on International Commercial Arbitration, and there is no question that Mongolia has succeeded in doing so. This article thus concludes by explaining some of the noteworthy improvements made by the 2017 revisions, and by noting that Mongolia is now equipped with a truly international legal framework for arbitration.

니켈촉매 상에서 천연가스와 메탄의 수증기 개질 반응에 관한 Kinetics 연구 (A Study on Reaction Kinetics in Steam Reforming of Natural Gas and Methane over Nickel Catalyst)

  • 성민준;이영철;박영권;전종기
    • 공업화학
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    • 제24권4호
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    • pp.375-381
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    • 2013
  • 상업용 니켈 촉매를 사용하여 메탄과 천연가스의 수증기 개질 반응을 각각 수행하였다. 수증기 개질 반응의 변수는 반응 온도와 반응물의 분압이었다. Kinetic data로부터 Power law rate model과 Langmuir-Hinshelwood model의 매개변수를 구하였다. 순수한 메탄을 수증기 개질 반응 실험의 원료로 사용한 경우에는 Langmuir-Hinshelwood model 식은 물론이고 Power law rate model을 사용하여 반응 속도를 적절하게 표현할 수 있었다. 그러나 천연가스 중의 메탄의 수증기개질 반응 속도를 표현하는데 있어서는 Power law rate model보다 Langmuir-Hinshelwood model이 훨씬 더 적합한 것을 확인하였다. 이러한 거동은 천연가스 중에 포함되어있는 메탄, 에탄, 프로판 및 부탄이 동일한 촉매 활성점에 경쟁적으로 흡착하기 때문으로 해석할 수 있었다.

ICC모델 턴키 계약의 쟁점에 관한 연구 - ICC Model Contract for Turnkey Supply of Industrial Plant를 중심으로 - (A Study on Some Issues of Business and Law in relation to ICC Model Turnkey Contract - Focusing on ICC Model Contract for Turnkey Supply of Industrial Plant)

  • 김경옥;김대환
    • 무역상무연구
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    • 제54권
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    • pp.189-209
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    • 2012
  • This Work intends to study on some issues of business and law in relation to Contract for Turnkey Base System. The continuing advance of export system of the plant with the importance for efficient and effective management emphasizes the need for business and legal approach to uniform international model contract. ICC Model Contract for Turnkey Supply of Industrial Plant by ICC covers a particular category of turnkey contract, i.e. contracts for the supply of a plant or production line to be erected within facilities which already exist or which are constructed by the purchaser. Furthermore, the application of the ICC Model Contract for Turnkey Supply of Industrial Plant leaves much to be desired from a business and legal point of view. Therefore, there would appear to be room for compromise between the supplier and purchaser in respect to make a contact for Turnkey supply of industrial plant.

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