• 무역학회지
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• 제44권3호
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• pp.137-154
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• 2019

This study analyzes the major provisions of the UK Insurance Act 2015 and Marine Insurance Act 1906 on the duty of disclosure under the doctrine of utmost good faith. Marine insurance contracts are based on "utmost good faith" and one aspect of this is that MIA 1906 imposes a duty on prospective policy holders to disclose all material facts. In the Insurance Act 2015 of the United Kingdom, the contents of the precedent were enacted such that we have borrowed the legal principles of common law until now. The insurer is required to more actively communicate with the insurer rather than passively underwriting and asking questions of the insured. The Act details the insured's constructive knowledge of the material circumstance by reviewing the current case law and introduces a new system for the insurer's proportionate remedy against the insured's breach of the duty of fair presentation of risk. This is a default regime, which may be altered by agreement between the parties.

• 영어영문학
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• 제55권1호
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• pp.199-213
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• 2009

From the perspective of pragmatics, language is a mode of act that works in the order of motive and performs human purpose. The function of language is then primarily performative rather than informational or significative. Pragmatics, however, encounters a tough question: what is the relation of the linguistic act to meaning? Many language theories including pragmatic theories admit the autonomy of meaning while defining language as act. But in Deleuze and Peirce we find examples of maximalist pragmatics that denies the autonomy of meaning. However, Deleuze and Peirce are different in their view on the function of meaning. For Deleuze, language is the transmission of act, what he calls 'order-word.' He rejects meaning except as the minimal condition for the transmission. But his theory turns out to be contradictory in that meaning as the minimal condition is actually the function of constants that he denies for order-words that are always variables. On the contrary, Peirce's pragmatism as a radical pragmatics does not exclude meaning. For him, language is interpretative act serving the purpose of understanding reality, which is performed through the function of meaning and 'habit.' This shows that meaning is indispensable to language even in maximalist pragmatics.

• 무역상무연구
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• 제16권
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• pp.331-359
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• 2001

Uniform Electronic Transactions Act (1999) Drafted by the National Conference of Commissioners on Uniform State Laws. The Act allows the use of electronic records and electronic signatures in any transaction, except transactions subject to the Uniform Commercial Code. The fundamental purpose of this act is to remove perceived barriers to electronic commerce. The Act's a procedural statute. It does not mandate either electronic signatures or records, but provides a means to effectuate transactions when they are used. The primary objective is to establish the legal equivalence of electronic records and signatures with paper writings and manually-signed signatures. With regard to the general scope of the Act, the Act's coverage is inherently limited by the definition of "transaction." The Act does not apply to all writings and signatures, but only to electronic records and signatures relating to a transaction, defined as those interactions between people relating to business, commercial and governmental affairs. The exclusion of specific Articles of the Uniform Commercial Code reflects the recognition that, particularly in the case of Articles 5, 8 and revised Article 9, electronic transactions were addressed in the specific contexts of those revision processes. In the context of Articles 2 and 2A the UETA provides the vehicle for assuring that such transactions may be accomplished and effected via an electronic medium. At such time as Articles 2 and 2A are revised the extent of coverage in those Articles(Acts) may make application of this Act as a gap-filling law desirable. Similar considerations apply to the recently promulgated Uniform Computer Information Transactions Act (UCITA). Another fundamental premise of the Act is that it be minimalist and procedural. The general efficacy of existing law, in an electronic context, so long as biases and barriers to the medium are removed, confirms this approach. The Act defers to existing substantive law. Specific areas of deference to other law in this Act include: i) the meaning and effect of "sign" under existing law, ii) the method and manner of displaying, transmitting and formatting information in section 8, iii) rules of attribution in section 9, and iv) the law of mistake in section 10.

• 산업공학
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• 제25권2호
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• pp.187-195
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• 2012

The driver model based on the ACT-R cognitive architecture was developed in order to predict the performance and cognitive workload of a driver operating HVI devices. In the 10 HVI tasks, the predicted performance time and cognitive workload by the ACT-R driver model was well matched and highly correlated with the mean of performance times and subjective workload ratings from 15 participants, respectively. It is strongly proposed that the ACT-R driver model in this study can be applied to evaluate the usability of a new HVI design with less cost in the early stage of system development.

• 여성건강간호학회지
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• 제30권2호
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• pp.101-106
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• 2024

This paper discusses the implications of the birth notification system and the Protected Birth Act in Korea. Aiming to prevent infanticide and abandonment of infants, the law will enter into force on July 19, 2024 in South Korea. The birth notification system mandates that both parents and the head of the medical institution where the birth occurred must report the event. In parallel, the Protected Birth Act will be implemented, allowing pregnant women in crisis who wish to remain anonymous, the option to give birth outside of a hospital setting in a way that safeguards the life and health of the child. However, many issues are being raised in Korean society in advance of the implementation of the Protected Birth Act. There is widespread concern that the Protected Birth Act fails to protect either women or children, especially as it raises issues regarding the need for legislation to protect children with disabilities and to address gaps for migrant women and children. This paper examines the gender and healthcare issues relating to the Protected Birth Act, focusing on women's health and human rights. The Act continues to perpetuate discrimination against out-of-wedlock pregnancies and upholds the ideology of the traditional family model. Furthermore, the legislative process did not address protective measures for the various reasons behind child abandonment. Critical issues such as women's autonomy, safe pregnancy termination, and paternal responsibility in childbirth are also notably absent. However, with the Act set to take effect soon, it is crucial for healthcare providers to comprehend the rationale and procedures associated with birth notification and the Protected Birth Act, and to prepare for its nationwide implementation. The law defines the socially vulnerable as its main beneficiaries, and it is necessary to strengthen social safety nets to improve their access to healthcare, eliminate prejudice and discrimination against out-of-wedlock pregnancies, and embrace the diversity of our society. We eagerly anticipate future discussions on gender and healthcare issues, as well as amendments to the law that reflect real-world circumstances to provide genuine protection for pregnant women in crisis and their infants.

• 의료법학
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• 제17권1호
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• pp.3-43
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• 2016

북한의 의료법규는 '헌법'을 정점으로 크게 '인민보건법'과 '의료법'으로 구성되어 있다. 인민보건법이 제정되기 이전에도 다수의 의료관계법규가 존재하고 있었으나, 그 의료관계법규가 이후 어떻게 개정되었으며, 현재에도 유효한지 여부는 알 수 없다. 1980년 제정된 인민보건법은 북한의 보건의료에 대한 기본원칙과 방침을 선언하고 있다. 1997년 제정된 의료법은 북한 의료의 기본법으로서, 북한 의료의 목표와 기본원칙을 제시하고, 이어서 '검진과 진단', '환자치료', '의료감정'에 관한 기본적인 내용을 규정하고 있다. 북한 의료법은 남한에 비해 상당히 늦게 제정되었을 뿐만 아니라, 조문의 수가 적고 추상적이거나 선언적인 내용이 많다. 특히, 북한 의료법에는 의료인의 종류나 자격요건, 의료기관의 종류와 개설요건 등에 관한 규정이 전혀 없어, 북한 의료법만을 가지고는 북한 의료체계를 한꺼번에 파악하기 어렵다. 북한 의료법상 진료에 관한 내용은 남한 의료법과 유사한 부분이 많지만, 신의학과 고려의학을 배합하고 고려의학적방법과 자연요법을 환자진료에 널리 사용하도록 한 규정, 진단내용이 환자치료에 나쁜 영향을 줄 수 있는 경우 환자 보호자에게만 알려주도록 한 부분 등은 남한 의료법과 차이가 있다.

• 무역상무연구
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• 제49권
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• pp.213-236
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• 2011

Korea Shipping Act admits shipping conferences' joint actions like rate agreement, sailing agreement in some degree for development of shipping transport industries for decades. Meanwhile, EU has prohibited all kinds of shipping conferences' joint actions since October 2008, and many advanced countries also have similar position on shipping conference. The balance development between shippers and ship owners is very important in terms of national economic growth. So it is appropriate time to revise related laws such as Shipping Act and Monopoly Regulation and Fair Trade Act. First, It is direction for revision of Korean Shipping Act. The act has to define precisely the criteria of "unfairness" in case of admitting of shipping conferences' joint actions. Shipping conferences have a conference with shipper or shipper's delegation substantially on freight and transport conditions and so on. Second, It is direction for revision of Monopoly Regulation and Fair Trade Act. The fair trade commission has to perform fair roles between shippers and ship owners. The judgement of fairness has to confirm according to the spirit of not Korea Shipping Act but Korea Monopoly Regulation and Fair Trade Act itself.

• 한국중재학회지:중재연구
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• 제22권3호
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• pp.71-92
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• 2012

The significant increase in international trade over the last few decades has been accompanied by an increase in the number of commercial disputes between Korea and India. Understanding the Indian dispute resolution system, including arbitration, is necessary for successful business operation with Indian companies. This article investigates characteristics of India's Arbitration and Conciliation Act in order to help then traders who enter into business with Indian companies to settle their disputes efficiently. The Arbitration and Conciliation Act(1996) based on the 1985 UNCITRAL Model Law on International Commercial Arbitration and the UNCITRAL Arbitration Rules 1976, has a number of characteristics including the following: (i) this act covers ad hoc arbitration and institutional arbitration (ii) parties to the arbitration agreement have no option except arbitration in case of any dispute (iii) the parties can choose their own laws, places, procedures, and arbitrators (iv) the decision of the arbitrators is final and binding (v)role of the court has been minimized and (vi) enforcement of foreign awards is recognized. However, there have been some court decisions that have not been in tune with the spirit and provisions of the Act. Therefore, Korean companies insert the KCAB's standard arbitration clause into their contracts and use India's ADR(Alternative Dispute Resolution) Methods to strategically resolve their disputes. Additionally, Korean companies investigate Indian companies' credit standing before entering into business relations with them.

• 수산해양교육연구
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• 제24권2호
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• pp.311-323
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• 2012

For establishment of post-Unification fisheries program, this research has opened a fisheries Act system for South and North Korea and searched a policy direction to make new Fisheries Act for future South and North Korean fisheries program. In addition, North Korea's present fishery industry must be accurately understood and acknowledge in its point of issues in order to develop and improve to rational direction and to overcome the present South and North's fishery industry. As a level to prepare for future unification, reform and reaction of long-termed and well organized South and North's fisheries program must be arranged. Consequently, fishing permits of South and North, licensing system, fisheries resource management system, fisheries adjustment system, foreign fishing regulations system will be compared in this research, and also find an improvement on North Korea's fisheries related act in preparation of future unification.

• 의료법학
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• 제15권2호
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• pp.195-223
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• 2014

Nurses are medical care providers most closely associated with the national health. Their works are subdivided and specialized, and it is such a factor making nurse's role more important, and with the appearance of specialized nurses, they have secured a position as an independent medical care provider. As the domain of nurse's service becomes broader, there are more accidents and disputes related to nurses. However, there are not many studies conducted on such problems, and even when medical disputes take place related to nurses, the court does not make consistent judgments as a matter of fact. Besides, as the ambiguity of nurse's range of service and the lack of nursing workforce work as a factor causing nurse's medical malpractice, more legal discussions and studies are required to seek proper solutions to such problems. Thus, as a plan to clarify legal issues likely to occur due to nurse's medical practice, this study classified nurse's work into medical assistance practice and other jobs based on their own independent judgments, and proposed establishing concrete regulations on the range of their work, while reviewing common problems extracted from precedents related nurse's medical malpractice. Moreover, while examining Japanese precedents related to the Act of Medical Service Personnel, Nurses and Midwives, which is the sole act of nurses in Japan, this study reviewed the necessity of revising the present nurse-related regulations in Medical Service Act, or enacting a sole act of nurses.