• 제목/요약/키워드: Model Legislation

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A Study on the Clause of Uniform Commercial Code for Electronic Bills of Lading

  • Ahn, Byung-Soo;Park, Tae-Ho
    • 통상정보연구
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    • 제11권2호
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    • pp.281-300
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    • 2009
  • In 2003, the Uniform Commercial Code(UCC) which is a kind of model law to unify commercial law between several states in US was amended to use electronic document of title including bill of lading. It is the second following the Australia legislation in 1996. Also, the Korean government amended Commercial Act and made the Presidential Decree for using electronic bill of lading in 2008. In this paper the authors reveal the characteristics of the clause of UCC for electronic bill of lading. The characteristics of the clause are on the technical neutrality of the signature, the possibility of reissuance in alternative medium, and adoption of the concept of "control." It helps to suggest some implications for Korean government authority. The authors suggest the amendment of the Presidential Decree to the Korean government authority to use additionally digital signature authorized by non Korean government such as VeriSign. It will activate the use of electronic bill of lading issued by Korea repositary out of Korea.

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인터넷 전자상거래계약(電子商去來契約)에 관한 법적(法的) 고찰(考察) (A Legal study on the Internet Electronic Commerce Contract)

  • 한성일
    • 무역상무연구
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    • 제14권
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    • pp.397-426
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    • 2000
  • Since the internet is open to public in 1990, electronic commerce(EC) user has increase rapidly. Now EC is considered not only as communication method but also as new economical activities. EC is a kind of new commerce model which uses electronic means. And EC has global characteristics so that many country's legislation which regulates it differently makes an obstacle to vital of EC. The purpose of this study is to examine legal problems of internet electronic commerce. First, there are some legal problems whether electronic document has same legal function like traditional documents. Second, electronic signature must has authenticity, integrity, non-repudiation, writing and confidentiality in order to use looks like common signature. Finally, electronic contract is concluded on principle of mutual agreement. It is apparent that the concept of arrival is applied to the date and place in conclusion of electronic contract.

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중국(中國) 상사중재제도(商事仲裁制度)의 문제점(問題點) 및 개선방향(改善方向) (The Problem and Improvement Direction of China Arbitration System)

  • 김태경
    • 무역상무연구
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    • 제29권
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    • pp.3-37
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    • 2006
  • This writing is for the purpose of investigating the specific character and problem point of China arbitration system which has near 90 years history and overviewing the drift of system improvement which happens recently. The arbitration system of China which traditionally does not acknowledge ad hoc arbitration, unlike most of the other nations that employ The UNCITRAL model law and make it their own legislation, is restrictive to the parties concerned principle of private autonomy considerably. Also the independence of arbitration is delicate, because of a civil characteristic weakness of the arbitral institutions and the intervention of the courts on the arbitration procedure and award. The dual system of domestic and international arbitration which maintains after enforcement of 1994 arbitration law is often to be a primary factor interrupting the development of Chinese arbitration system and making it vulnerable to challenges. The system improvement demand of the recent time reflects this point and makes the arbitration system of China to a international standard rather than now, so it is a desirable direction for China to be as the member of the world economy to be globalization.

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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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BTO 민간투자사업의 화폐적 투자가치 평가 (A Study on the Evaluation of Value for Money in Private Provided Infrastructure with a Focus on BTO Projects)

  • 백성준
    • 대한교통학회지
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    • 제25권1호
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    • pp.49-59
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    • 2007
  • 본 연구는 한국 민간투자사업의 위험배분문제와 화폐적 투자가치를 측정하는 모형을 구축하고 이를 통해 정부의 최소운영수입 보장률 및 보장기간의 변화에 따른 화폐적 투자가치의 변화를 관찰하였다. 모형은 H.Yamaguchi의 위험배분모형(2002)을 기반으로 한국의 민간투자사업 현실에 맞게 2기간 모형으로 변환하고 최소운영수입보장 제도를 포함하도록 수정하였다. 분석결과 정부의 최소운영수입 보장률 및 보장기간이 축소됨에 따라 동일한 수익률을 가정하는 경우 국고보조금이 증가하게 됨으로써 민간투자사업의 화폐적 투자가치는 하락함을 보여주었다.

Integrated Model of the Higher Education Financing Under the Quadruple Helix Concept

  • Kholiavko, Nataliia;Zhavoronok, Artur;Shaposhnykov, Kostiantyn;Krylov, Denys;Morozova, Liudmyla;Babiak, Nataliia
    • International Journal of Computer Science & Network Security
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    • 제21권7호
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    • pp.125-132
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    • 2021
  • Rapid growth of the higher education role in ensuring the socio-economic and innovative development of the national economy in the context of the development of the information society and the knowledge economy is observed. Achieving positive synergistic effects of the higher education development requires proper funding for university education and research. The existing funding models for national higher education systems in a number of developing countries need modernization in accordance with the modern challenges of economic and innovative development. The purpose of the article is to formulate theoretical - methodological and applied foundations for the development and implementation of the integrated model of the higher education financing under the Quadruple Helix concept. At the center of the developed model are the areas of interaction identified by the authors, namely: Personnel, Science, Management, Innovation, Social area. This made it possible to specify the interests of all stakeholders and orient the activities of higher education institutions to the satisfaction of these interests. Effective implementation of the integrated Model of the higher education financing requires increasing the level of investment attractiveness and practical value of university research; activation of innovative development of enterprises; state stimulation of business participation in university research and education; harmonization of current legislation with EU standards. Implementation of the Model will diversify sources of funding for universities, increase their level of economic security and achieve integrated synergies from the interaction of universities, business, government and the public (as the main stakeholders within the Quadruple Helix concept).

Internal modifications to reduce pollutant emissions from marine engines. A numerical approach

  • Lamas, M.I.;Rodriguez, C.G.;Rodriguez, J.D.;Telmo, J.
    • International Journal of Naval Architecture and Ocean Engineering
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    • 제5권4호
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    • pp.493-501
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    • 2013
  • Taking into account the increasingly stringent legislation on emissions from marine engines, this work aims to analyze several internal engine modifications to reduce $NO_x$ (nitrogen oxides) and other pollutants. To this end, a numerical model was employed to simulate the operation cycle and characterize the exhaust gas composition. After a preliminary validation process was carried out using experimental data from a four-stroke, medium-speed marine engine, the numerical model was employed to study the influence of several internal modifications, such as water addition from 0 to 100% water to fuel ratios, exhaust gas recirculation from 0 to 100% EGR rates, modification of the overlap timing from 60 to $120^{\circ}$, modification of the intake valve closing from 510 to $570^{\circ}$, and modification of the cooling water temperature from 70 to $90^{\circ}C$. $NO_x$ was reduced by nearly 100%. As expected, it was found that, by lowering the combustion temperature, there is a notable reduction in $NO_x$, but an increase in CO (carbon monoxide), HC (hydrocarbons) and consumption.

한국의 납본제도 개선모형에 관한 연구 (A Study on the Reform Model of Legal Deposit System in Korea)

  • 윤희윤
    • 한국문헌정보학회지
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    • 제37권4호
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    • pp.24-52
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    • 2003
  • 디지털 시대의 국가도서관은 자국의 모든 오프라인 및 온라인 출판물을 수집ㆍ보존해야 하며, 그 책무와 기능을 보증하는 법적 장치가 납본제도이다. 그러나 한국의 현행 납본제도는 인쇄자료에 기반한데다가 부실하며, 특히 전자출판물을 수용하는데 한계가 있어 그 개선방안의 마련이 시급한 실정이다. 한국의 지적 및 문화적 유산이 부실한 납본제도로 인하여 체계적으로 수집ㆍ보존되지 못한다면 국가적 비극이 아닐 수 없다. 이에 본 연구는 납본시스템의 법령체계와 구성내용(용어, 납본주체, 피납본기관, 대상자료, 부수와 시기, 보상과 제재, 매체변형과 접근권 등)을 중심으로 개선모형(안)을 제안하였다.

전자상거래에서의 지적재산권에 관한 문제점과 개선방안 (A Consideration for Intellectual Property Rights under Digital Environments)

  • 권상로
    • 통상정보연구
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    • 제6권1호
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    • pp.249-265
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    • 2004
  • In the current digital age, most of the countries in the world recognize the electronic business to be a very prospective area in the future and plan to activate for the preoccupation of the business. As a result, this led a rapid increase of the electronic business volume. Electronic business takes place in the cyber space, using internet. However, the intellectual property rights have a high degree of possibility of being infringed as the digitalized intellectual property is easy to receive, copy and transmit in the cyber space. The language structure on the web, represented by HTML, makes easier to copy the intellectual property. And, as the internet has no national boundary, the infringement of the intellectual property rights is easier regardless of country, which could lead to the commercial disputes between the concerned countries. There are in fact many legal disputes nowadays on the infringement of the intellectual property rights in such field as computer programming, infringement of the copyright, business model patent and infringement of the trademark right on the registered name of the domain. It is, therefore, time now to prepare a new theory or legal system to protect the intellectual property rights on copyright, patent and trademark right so as to comply with the digital environment together with such a splendid growth of "electronic business." USA and Germany are nowadays making a significant movement on the legislation of the electronic business, and this study will focus on the legislative contents, judicial precedents and interpretation of law in the above countries.

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고등교육 프로그램 평가인증기관의 정부인정 평가모형 개발에 관한 연구 (A Research on the development of evaluation model for the government's recognition regarding the program accrediting organizations in Higher Education)

  • 김경수;황명구;이태희
    • 한국산학기술학회논문지
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    • 제13권1호
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    • pp.87-98
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    • 2012
  • 교육과학기술부는 고등교육 프로그램 평가인증기관에 대한 정부 인정 사업을 추진해왔다. 이에 본 연구는 정부가 프로그램 평가인증기관을 인정하는 평가모형을 설정하고, 평가부문 및 평가항목, 평가지표를 개발하는데 목적이 있다. 이를 위해 본 연구는 프로그램 평가인증기관에 대한 정부인정의 개념을 설정하고, 프로그램 평가인증기관에 대한 정부인정 평가모형을 설계하였다. 평가 모형은 고등교육 프로그램 평가인증기관에 대한 정부인정사업의 절차를 반영하여 정부인정기관으로서의 기본적인 요건에 부합되는지 여부에 대한 적격성 검토를 수행하는 예비평가단계, 법령 및 관련 규정에 제시된 평가영역별 지정기준에 대한 충족 여부를 검증하는 본 평가단계의 과정으로 설정하였다. 아울러 평가영역에 따라 평가부문, 평가항목 및 평가지표들을 개발하였고, 심층적 검증을 위해 평가전문가들의 검토를 거쳐 2개 평가영역, 5개 평가부문, 24개 평가항목 및 33개 평가지표를 확정하였다.