• The Korean Society of Law and Medicine
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• 제9권2호
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• pp.339-382
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• 2008

Medical information is one of significant private information that includes in-dividual's own diverse information. Once opened, it exposes one's health condition and medical history to a third party, which could bring about serious troubles. On this account, the third parties are of much concerns about the information. If medical information collected through various routes is used with another purpose, oilier than the initial intention, it might cause serious results beyond one's control. Thus, it is essential to keep the information confidential. Also, the discrimination based on the medical information ought to be banned because it is likely to happen that exposed information socially stigmatizes a person, being discriminated in a work place or a school when he/she is employed or gets an insurance. In the current system, only medical institutions are responsible for protecting or securing medical records. Despite the information technology development and the increased interests in medical information, there are quite a few limitations in legal, technical, and administrative aspects. All kinds of organizations, involved in collecting and using the information, as well as medical institutions primarily producing and managing it should share the responsibilities.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• 제39권
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• pp.105-142
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• 2008

For many companies, selling in an international market place is the ultimate challenge. One of the greatest problems facing exporters is the increasing insistence by importers that trade be conducted on open account terms. This often means that payment is received many weeks or even months after delivery. Unsurprisingly, many organisations find that giving buyers credit in this way can cause severe cash flow problems. Further problems can arise if the importer delays payment beyond originally agreed terms or makes no payment at all because of financial failure. In particular, many SMEs find it difficult to finance their production cycle, since after goods are delivered most buyers demand 30 to 90 days to pay. Therefore, International factoring for SME has been developing very rapidly in the world trade financing markets. Functions of international factoring as trade financing is a comprehensive financial service that includes credit protection, accounts receivable bookkeeping, collection services and financing. Factoring can be a powerful tool in providing financing to high-risk, informationally opaque sellers. International factoring is very helpful for international exporters to get competitiveness in the world markets. In Korea, a few banks are operating international factoring. But International factoring in Korea could not play a key roll as general trade supporting service. So, This study is to suggest importances of international factoring development for trade development and to investigate real operation situations and problems by way of interviews with operators in banks that are operating international factoring and suggest development strategies for international factoring in Korea.

• Journal of the Korean Society of Safety
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• 제29권6호
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• pp.22-27
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• 2014

The market of performance arts industry such as concert, musical and opera etc is now expanding in Korea. However, the inadequate safety management in theatres often causes some accidents. The guarantee of safety in theatres is very important since the accidents in theaters can lead to many casualties and serious property damages. In particular, the small theatres which have no obligation of safety inspection by law are very vulnerable to safety mattes. This study has done the research into the improvement of safety in small theaters through the inspection and analysis of their safety status. For the purpose, this study has inspected and analyzed the safety status of small theaters over 120 in the field of theater management and operation, fire protection, electrical facilities, ceiling structure and etc. Moreover, this study had investigated the law and technical standards related to theatre safety. This study shows that the essentials to make sure of the safety in small theaters are (1) the education to improve the sense of security of people who work in theaters (2) the training to strengthen the operating skills of the facilities in theaters (3) the cooperation and support of the related organization such as technical research center, central and local government.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• 제49권
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• pp.167-188
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• 2011

The World Customs Organization (WCO) has designed standards to secure and to facilitate the ever-growing flow of goods in international commerce since 9.11 terrorism in U.S.A. These standards are set forth in the SAFE Framework of Standards, which was adopted by the WCO Council at its 2005 Sessions and the SAFE Framework incorporates the concept of the Authorized Economic Operator (AEO), and the Council directed the WCO to develop more detailed implementing provisions for the AEO concept. It is considered to be reliable in customs-related operations and ensures an equivalent level of protection in customs controls for goods brought into or out of the customs territory, whereas it is difficult for many Korean companies to make a decision of introducing the AEO certification programs because of a lack of cost and benefit information. In this article, We have reviewed the definition and the developing status of an AEO programmes and have studied the benefit and expected effect through documentary research methods. Therefore, it is essential for Korean companies to be certified the AEO programmes from Korea customs service for increasing security in international supply chains through risk management and customs compliance, in addition, the key-driver in the future will be expectations from the business community to work with AEO partners.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• 제67권
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• pp.187-208
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• 2015

The Korea China FTA was signed on June 1 2015. It includes some concessions regarding major export items in the manufacturing sector for the protection of primary industries and preferential tariffs for a number of products produced in the Kaesong Industrial Complex. Primary industries are what the Korean government paid the greatest attention to. Rice was excluded from the negotiations from the get go, and was joined by 548 other food items including pork, apples, pears, beef, chili, garlic etc. These foodstuffs account for about one-third of the agricultural and livestock products that Korea produces, and are not going to be subject to tariff elimination. The results of the study are as follows: Korean government policy is to maintain of agri-food export support system, eliminate of agri-food non-tariff barriers, foster of agri-food export SMEs and expand of investment of foreign agri-food company. Korean firms strategy is to establish of regional marketing strategy, ensure of high quality agri-food and develop of food packaging technologies, establish of agri-food export logistics center and take advantage of the FTA preferential tariff.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• 제57권
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• pp.221-241
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• 2013

Country of origin is very important in terms of consumers right to know, protection of producer, national finance and tariff preference etc. The principal issues related to country of origin are breaches of origin mark, determination of origin of OEM products, domestic products using imported raw materials, exports products, and fairness of penalties. This study focus origin mark issues on key components and set products which have not been treated so far. First, Origin mark issues on key components need to introduce multiple countries of origin for the same products. Some specific products, which are considered important key components or materials, has to mark multiple country of origin in terms of portion and significance. Next, Origin mark issues on set products need to expand the objects from 15 listed items of Korea Foreign Trade Act to all items of HS tariff schedules of Korea Customs Act. A set products which below 15% of components can mark single country of origin like FTA agreement such as Korea-EU FTA, Korea-EFTA, Korea-US FTA and Korea-Peru FTA.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• 제76권
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• pp.103-123
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• 2017

If additional condition in letter of credit is used in malicious way, it affects the international trade transaction in jeopardy. Therefore, it's significant to identify whether additional conditions are malicious or ordinary in the transaction with letter of credit. In normal cases, thanks to lots of useful features as an international payment method, such as security of payment, legal protection, and versatility, a letter of credit is widely used in international trade. However, even with these advantageous features, a letter of credit is complicate and costly to use, compared to other payment methods. Furthermore, due to its principle of independence from underlying contract, a use of letter of credit creates another type of concern for proper handling and needs significant caution upon field use. At some points, malicious additional conditions are used for buyer's advantage in deal making and fraud instance in worst situation. In addition, some countries request malicious conditions against sellers as a non-tariff barrier. Therefore it's extremely important to recognize whether malicious additional condition exists in letter of credit and, if so, how to deal with it. This study delivers the information to distinguish and categorize the malicious conditions in various cases and to figure out how to deal with them for safer trade with less risk.

• Journal of Electrical Engineering and Technology
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• 제4권4호
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• pp.499-509
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• 2009

Electric vehicles (EV) are developing fast during this decade due to drastic issues on the protection of environment and the shortage of energy sources, so new technologies allow the development of electric vehicles (EV) by means of electric motors associated with static converters. The proposed propulsion system consists of two induction motors (IM) that ensure the drive of the two back driving wheels. The electronic differential system ensures the robust control of the vehicle behavior on the road. It also allows controlling, independently, every driving wheel to turn at different speeds in any curve. This paper presents the study of an hybrid Fuzzy-sliding mode control (SMC) strategy for the electric vehicle driving wheels, stability improvement, in which the fuzzy logic system replace the discontinuous control action of the classical SMC law. Our electric vehicle fuzzy-sliding mode control's simulated in Matlab SIMULINK environment, the results obtained present the efficiency of the proposed control with no overshoot, the rising time is perfected with good disturbances rejections comparing with the classical control law.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• 제43권
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• pp.275-295
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• 2009

After a long period of development and worldwide consultation, the London-based Joint Cargo Committee has revised the Institute Cargo Clauses (A), (B) & (C) and some ancillary Institute Clauses. The revision mainly include a clarification of the exclusions within the clauses, some modernization of the language of the clauses and new definitions of some terms. With these revisions, the coverage is widened to offer more protection to the assured. This may enable the widely used Institute Cargo Clauses to receive even greater worldwide acceptance. The following are the main changes in the new 2009 ICC compared with the 1982 ICC. 1. Insufficient or unsuitable Packing or Preparation(Clause 4.3): The revised clause is more favourable to the assured because under the revised clause this sub-clause is only applicable to (a) where packing or preparation is carried out by the assured or their employees or (b) packing or preparation takes place before the attachment of the risk. 2. Insolvency or Financial Default (Clause 4.6): The insolvency and financial default wording is incorporated in the revised clauses, making it more favourable to the assured. 3. Unseaworthiness (Clause 5): The revision is more favourable to the assured in that it limits the exclusion in relation to the unfitness of vehicles, vessels or containers to cases where the assured or their employees are privy to such unfitness. 4. Terrorism (Clause 7): A new definition of "terrorism" is introduced and the revised clause also widens the acts of an individual to encompass ideological and religious motives.

• Journal of Korean Library and Information Science Society
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• 제20권
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• pp.455-470
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• 1993

In recent years, the intellectual property rights (IPR) are increasingly becoming trade goods and the subject of international trade negotiations. During the past decades, intellectual properties earned critical importance for economic development in both developed and developing countries. Developed countries, headed by the United States, that recognize the economic value of the IPR in the world market are aggressively seeking for universal protection of IPR throughout the world. Intellectual properties have unique qualities that distinguish them from other tangible goods. Most importantly, they are public goods created on the basis of knowledge and information accumulated throughout human history and shared by different cultures. However, there is a growing tendency that the quality of public goods are being etched away as the property concept in IPR expands. In this paper, I discuss how copyright and patent laws incorporated the concept of property right as natural right to one's intellectual creations in early formation of the laws in Europe. I argue that copyright law and patent law are the historical products resulting from political, economic, and ideological factors interacting in a certain society. A history of copyright and patent points to that the intellectual property rights as natural lights of authors and inventors as argued by developed countries in international disputes, are not universal, but unique historical products. Copyright and patent laws have been shaped and developed as regulatory measures by governments to promote and control industries by providing authors and inventors with monopoly incentives. Since property right was used as a regulatory device it was restricted. This is to enhance the distribution of knowledge and information rather than to ensure the property right as an absolute right.