• Broadcasting and Media Magazine
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• v.13 no.1
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• pp.113-122
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• 2008

• Journal of Arbitration Studies
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• v.22 no.1
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• pp.65-88
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• 2012

Even though there are some discrepancies in detail with the legal characteristic of the issuing bank's notice to the beneficiary of opening of the letter of credit, article 25 of "the Korean Private International Act(hereunder, 'KPIA')" can be applied to the legal relation between the issuing bank and the beneficiary or the negotiating bank. According to article 26 of the KPIA, if there is no agreement between the issuing bank and its opponent party as to the governing law issues, a state's law which has the closest relationship with the subject case may be applied. In the latter case, given the facts that the issuing bank plays important roles in every phasis of the sale of goods by the letter of credit, a law of place where the issuing bank's business premises is situated(the $lex$ $situs$) can be the applicable law. Meanwhile, "the Korean Supreme Court(hereunder 'KSC')" held that the beneficiary or the negotiating bank can claim any damages arising due to the refusal or deferred payment of the issuing bank, and the law which governs the above mentioned situation is the same law that is applicable to the legal relation between the issuing bank and the beneficiary or the negotiating bank. The main reason of the KSC's ruling is that the nature of the legitimate interest rate which is stated in article 3 of "the Act on Special Cases concerning Expedition etc. of Legal Proceeding(hereunder 'ASCELP')" is substantial matters, not procedural. Taking into account, however, that the main object of ASCELP lies in expedition of legal proceeding, prompt realization of people's rights and duties, and prevention of delayed legal proceeding, it is recommendable that ASCELP, instead of the law applicable to the legal relation between the issuing bank and the beneficiary or the negotiating bank, should be applied to the cases in which the malicious debtor's only and main purpose is delaying the legal proceedings. On the other hand, even if the issuing bank's duty of examination of the documents which were tendered by the beneficiary or the negotiating bank is restricted to the formality and strict conformity of the documents and not the substantiality of the documents, the issuing bank still has to examine the documents with due diligence that is required to the banks whose main business is sales of documents, not the real goods. In this regard, under the circumstances where the document lacked the regularity and/or the formality on its face because of the forgery of the document and where it was expected that an ordinary banker might have easily found any faults with the document, the issuing bank must compensate any parties for damages when it pays money without due diligence as a banker who engaged in the sales of documents.

• The Journal of Asian Finance, Economics and Business
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• v.6 no.1
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• pp.303-314
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• 2019

Indonesia's most eastern provinces enjoy special autonomy status but still suffer from the highest poverty level in the entire nation. Using the Williamson index to test the Simon Kuznets theory, this study examines development equality at pre-and post-special autonomy in the provinces of Papua and West Papua. It uses gross domestic products per capita and population from 29 regencies/cities in Papua and 13 regencies/cities in West Papua to measure the Williamson index in addition to in-depth interviews with legislative members and document analysis to validate the findings. The study found that the regional development gap before special autonomy is relatively smaller than that existing after special autonomy. The Kuznets' curve is not proven in the special autonomy era, meaning that the imposition of autonomy status has led to the creation of a higher development gap in these provinces. Although the special autonomy status has prompted an increased opportunity for political participation by the indigenous people, greater challenges are posed by the lack of human resources, poor government administration, difficult geographical access and the issue of land acquisition. Continuous development initiatives followed up with adequate supervision, greater transparency and law enforcement from government bureaucrats and legislatures are recommended to reduce the inequality.

• Journal of the Korean Data and Information Science Society
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• v.4
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• pp.53-63
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• 1993

We consider various types of weak convergence for sums of sign-invariant random variables. Some results show a similarity between independence and sign-invariance. As a special case, we obtain a result which strengthens a weak law proved by Rosalsky and Teicher [6] in that some assumptions are deleted.

• Journal of the Korean Mathematical Society
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• v.49 no.2
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• pp.235-249
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• 2012

In the paper by Liu and Lin (Statist. Probab. Lett. 76 (2006), no. 16, 1787-1799), a new kind of precise asymptotics in the law of large numbers for the sequence of i.i.d. random variables, which includes complete convergence as a special case, was studied. This paper is devoted to the study of this new kind of precise asymptotics in the law of large numbers for moving average process under $\phi$-mixing assumption and some results of Liu and Lin [6] are extended to such moving average process.

• Journal of the Korean Mathematical Society
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• v.51 no.6
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• pp.1269-1289
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• 2014

We first find a sufficient condition for a product of theta constants to be a Siegel modular function of a given even level. And, when $K_{(2p)}$ denotes the ray class field of $K=\mathbb{Q}(e^{2{\pi}i/5})$ modulo 2p for an odd prime p, we describe a subfield of $K_{(2p)}$ generated by the special value of a certain theta constant by using Shimura's reciprocity law.

• Journal of the Korean Mathematical Society
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• v.56 no.4
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• pp.935-946
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• 2019

Hawkes process is a self-exciting simple point process with clustering effect whose jump rate depends on its entire past history. We consider Hawkes processes with uniform immigrants which is a special case of the Hawkes processes with renewal immigrants. We study the limit theorems for Hawkes processes with uniform immigrants. In particular, we obtain a law of large number, a central limit theorem, and a large deviation principle.

• International Journal of Quality Innovation
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• v.1 no.1
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• pp.97-105
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• 2000

In this paper, a two-section method for measuring is introduced and the variation sources of measurement process are analysed. Measuring is a special process in general process. Various variation source must be firstly decomposed so that the statistical distribution law of measuring process can be established, and then implement monitoring control of the measuring process. A special method to obtain the measuring variation is discussed, and a monitoring control technique for measuring process is studied based statistical distribution. Towards the end, we briefly introduce software design for the analysis and control of a measurement process.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.32 no.4
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• pp.449-455
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• 2022

Objectives: In order to provide basic data for future researchers, this study aims to explore future tasks after reviewing the changes in port safety management due to the enforcement of the Special Act on Port Safety. Methods: The provisions of the Special Act on Port Safety were analyzed and the latest literature related to port safety management was reviewed. Results: There are two major changes that have stemmed from the Special Act on Port Safety: 1. The scope of application for port participants has been expanded, safety education has been made compulsory, and safety management plans have been established and implemented for each business site. 2. The government is operating a port safety consultative body for each port and has hired one port safety inspector for each of the eleven local maritime and fisheries offices across the country. Future tasks include elaboration of port safety accident statistics, strengthening shipping companies' responsibility for stevedore safety, the unification of contracts, and government interest and support for port safety facilities. Conclusions: The primary feature of the Special Act on Port Safety is the emphasis on autonomous safety management by participants in port transportation. In addition, the enactment of the special law has allowed the Ministry of Maritime Affairs and Fisheries to actively intervene in port loading and unloading safety.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.89-109
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• 2011

Among various export financing, forfaitng and factoring give a comfort to exporters as those special financing schemes are extended to them on a without recourse basis. This is good for the exporters in terms of financing and risk cover of buyer or LC issuing banks. To enjoy this benefit, the SME exporters should, however, know the risks involved in sales contract. For example, if the export and importer set Korean law as governing law in the sales contract especially for open account exports, the exporter's receivables might be not welcome by factors according to provisions of Korean Conflict Law and it's application. Those regulations tell that the factor's position would be unstable when the sales contact limit exporter's assignment of receivables to the factor when the sales contract is subject to Korean law. Also the exporters should know related regulation of importer which might affect the assignment of receivables as well. This paper suggests the Korean exporters take internationally recognized agreement/convention such as UNI|DROIT Convention on International Factoring, UN Convention on the Assignment of Receivables in International Trade.