• 한국유기농업학회지
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• 제27권2호
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• pp.111-132
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• 2019

Recently farming succession has become an important topic in agriculture in order to secure agricultural manpower in response to the aging of farming households and declining population. This study investigates farmers and agricultural college students' perception of farming succession in Korea, especially of farming succession to a third party. Farmers and agricultural college students are potential farming transferors and successors, respectively. We surveyed 146 farmers and 95 students who graduated or were studying at the Korea National College of Agriculture and Fisheries. The questions of the survey are largely divided into four categories: 1) the will and scope of farming transfer and succession, 2) the requirements for the successors of farming, 3) the perception on the succession to third-parties, and 4) the farming succession policy. According to the survey results 41.4% of farmers and 46.3% of potential farming successors have willingness to accept a farming succession to a third party. When farming succession was carried out through the Farming Succession Exchange, 46.8% of farmers and 54.7% of successors said they are willing to carry out third-party farming succession. This means that a third-party farming succession could be activated if the reliability issue that may arise during the farming succession is resolved through the Farming Succession Exchange. Other implications for farming succession are suggested at the end of this study.

• 정보보호학회논문지
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• 제12권6호
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• pp.3-15
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• 2002

본 논문에서는 두 서버 S와 A를 가진 효율적이고 안전한 sealed-bid 경매 프로토콜을 제안한다. 제안된 기법은 Crescenzo-Ostrovskey-Rajagopalan의 Conditional Oblivious Transfer프로토콜에서 사용된 기술을 이용하며, 서버 A는 신뢰되는 제3자(third. party)가 아니고 서버 S와 공모하지 않는다고 가정된다. 이러한 가정하에서 제안된 경매 프로토콜은 어느 개체도 경매에 관한 어떠한 정보도 얻지 못하고 경매의 결과는 정확하다는 것을 보장한다. 또한 제안된 기법은 기제안된 Naor-Pinkas-Sumner의 기법보다 훨씬 적은 계산량을 요구하며 비슷한 통신 오버헤드를 가진다.

• 무역상무연구
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• 제52권
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• pp.3-22
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• 2011

This study examines the seller's liability to transfer the property to the buyer. Even though contracting parties choose CISG as the governing law regulating their obligations and rights by means of their contract, CISG does not concern with the effect generated by the transfer of property. Thus, the issues of the property is settled in conformity with the domestic law applicable by virtue of the rules of private international law. By considering the general rules of the transfer of property in goods under SGA and KCC as the lex rei sitae, the difference of requirements to pass the property between them is analyzed and then the reasons why the transfer of property is importantly considered are discussed. In addition, as CISG does not exclude completely the matters concerning the property and provides the provision like Art 41, the seller's liability to deliver goods free from the third party right or claim is examined under Art 41. Lastly, the practical advice is suggested.

• 한국중재학회지:중재연구
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• 제33권1호
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• pp.51-76
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• 2023

It is important who is bound by an arbitration agreement and what is the subject of the agreement in resolving disputes through arbitration. However, there are no provisions on them in the Korean Arbitration Act. Where an arbitration agreement is valid, the persons who are bound by the agreement cannot bring the claims which are the subject of the agreement to a court. Therefore, in determining the subjective scope of the effect of an arbitration agreement, we should make allowances for the essential qualities of arbitration to ensure the efficient resolution of disputes on the basis of the parties' agreement, and take caution not to infringe on the rights to be tried in court. Where the rights or legal relationships constituting the dispute that is the subject of the arbitration agreement have been assigned, the effect of the arbitration agreement between the predecessor and the other party should be extend to the successor, when it is agreed to transfer the status under the arbitration agreement to the successor between the three. However, in the absence of such an agreement, it is necessary to weigh the interests between the predecessor, the other party and the successor to determine whether the arbitration agreement has any effect on the successor. Arbitration is a method of resolving disputes based on the agreement of the parties. If it matters whether third parties who are not parties to the arbitration agreement is bound by the arbitration agreement or may invoke it, it should be resolved according to the intentions of the parties. Where the parties to an arbitration agreement have agreed to allow a third party to invoke the arbitration agreement, the effect of the arbitration agreement will extend to the third party. However, even if the parties to the arbitration agreement have not expressly agreed on this, when it is recognized that the parties have sought to resolve the dispute through arbitration even in relation to a third party by exploring the reasonable intentions of the parties, the effect of the arbitration agreement will extend to the third party.

• 현장농수산연구지
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• 제22권2호
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• pp.23-36
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• 2020

The purpose of this study is to understand the phenomenon of agricultural management transfer and to present a plan to activate Korean management transfer through institutional consideration. To this end, the domestic and overseas agricultural management transfer system was identified, and an appropriate institutional plan for the country was sought. There are six ways to activate the management transfer system proposed in this study. First, establishment of an agricultural management transfer agency, second, training and utilization of management transfer experts, third, establishment of an agricultural succession certification support institution, fourth, operation of specialized training courses for management transfer, fifth, (local government) linked operation of a farming support center, sixth, agricultural management transfer legislation and securing of budgets. The above agricultural management transfer system is expected to contribute to the advancement of management transfer activation.

• 한국콘텐츠학회논문지
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• 제15권9호
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• pp.126-133
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• 2015

종래의 판례에 의하면 사해행위인 매매예약을 원인으로 가등기를 마친 수익자가 그 정을 모르는 제3자에게 가등기에 의한 권리를 양도한 후 가등기 이전의 부기등기를 마치게 해 주고, 그 제3자가 그 가등기에 기한 본등기를 마친 경우에 있어서 수익자는 가등기말소등기 청구소송의 상대방이 될 수 없다고 보았다. 그 결과 수익자의 원상회복의무의 면탈 행위를 용이하게 해 줄 수 우려가 항존하고 있었다. 이에 대해 대상판결이 종래의 견해를 변경하여 수익자에게 피고적격을 인정함으로써 수익자를 상대로 사해행위인 매매예약의 취소를 청구할 수 있다고 판시한 것은 매우 바람직한 것으로 생각된다. 또한, 대상판결이 등기 명의인의 동일성이 인정되지 않는 위법한 경정등기가 마쳐졌다 하더라도, 그것이 일단 마쳐져서 경정 후의 명의자의 권리관계를 표상하는 결과에 이르렀고 그 등기가 실체관계에도 부합하는 것이라면 그 등기는 유효하다는 입장에서 경전 전 등기명의인의 권리관계가 소급적으로 소멸하지 않는 것으로 보아 이 사건 매매예약에 관한 사해행위 취소권자인 원고에 대하여 여전히 수익자의 지위에 있어 이들에게 사해행위 취소소송의 피고 적격이 있다고 판시한 것 역시 의미가 있는 것이라 생각된다.

• International Journal of Computer Science & Network Security
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• 제22권5호
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• pp.234-244
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• 2022

Tourism products involve the transfer of money that is flowing to countries with partners or borders, which do not possess any relations surrounding their business environment. Suitable platforms must be generated by the tourism industry, which are beneficial to users when their demands are satisfied based on financial, technology, knowledge, and industry matters. Intermediaries are applied to alleviate different problems that are related to the non-fulfilment of contracts of existing users and service providers who are offering their services and represent a reliable third party. However, it is significant that intermediaries must be reliable when charges are incurred for any possible commission. Cryptocurrencies rely on blockchain technology to provide smoothness in money interchange without the need for reliable third parties. This interchange allows an increasing number of different new forms, which are related to different customer-to-customer transactions. The study attempts to provide an appropriate answer to the main research question, which is: 'Will the widespread adoption of cryptocurrencies bring new types of customer-to-customer markets from a technological, organizational, and environmental perspective?'.

• 무역상무연구
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• 제12권
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• pp.377-401
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• 1999

This study is focused on the privity of the contract of carriage of goods by sea, so to speak, privity between B/L holder and carrier by transfer of bill of lading, privity by attornment to delivery order and conflict between bills of lading and charterparty terms. Under a CIF contract, possession of the bill of lading is equivalent to possession of the goods, and delivery of the bill of lading to the buyer or to a third party may be effective to pass the property in the goods to such person. The bill of lading is a document of title enabling the holder to obtain credit from banks before the arrival of the goods, for the transfer of the bill of lading can operate as a pledge of the goods themselves. In addition, it is by virtue of the bill of lading that the buyer or his assignee can obtain redress against the carrier for any breach of its terms and of the contract of carriage that it evidences. In other words the bill of lading creates a privity between its holder and the carrier as if the contract was made between them. The use of delivery orders in overseas sales is commen where bulk cargoes are split into more parcels than there are bills of lading, and this practice gives rise to considerable difficulties. For example, where the holder of a bill of lading transferred one of the delivery orders to the buyer who presented it to the carrier and paid the freight of the goods to which the order related, it was held that there was a contract between the buyer and the carrier under which the carrier could be made liable in repect of damage to the goods. The contract was on the same terms as that evidenced by, or contained in, the bill of lading, which was expressly incorporated by reference in the delivery order. If the transferee of the delivery order presents it and claims the goods, he may also be taken to have offered to enter into an implied contract incorporating some of the terms of the contract of carriage ; and he will, on the carrier's acceptance of that offer, not only acquire rights, but also incur liabilities under that contract. Where the terms of the charterparties conflict with those of the bills of lading, it is interpreted as below. First, goods may be shipped in a ship chartered by the shipper directly from the shipowner. In that case any bill of lading issued by the shipowner operates, as between shipowner and charterer, as a mere receipt. But if the bill of lading has been indorsed to a third party, between that third party and carrier, the bill of lading will normally be the contract of carriage. Secondly, goods may be shipped by a seller on a ship chartered by the buyer for taking delivery of the goods under the contract of sale. If the seller takes a bill of lading in his own name and to his own order, the terms of that bill of lading would govern the contractual relations between seller and carrier. Thirdly, a ship may be chartered by her owner to a charterer and then subchartered by the chaterer to a shipper, to whom a bill of lading may later be issued by the shipowner. In such a case, the bill of lading is regarded as evidencing a contract of carriage between the shipowner and cargo-owners.

• 한국통신학회논문지
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• 제40권3호
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• pp.568-574
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• 2015

최근 RFID는 수년 동안 재고관리, 물류 등 다양한 분야에 널리 활용되고 있을 뿐만 아니라 사물인터넷의 중요구성 요소로 진화하고 있다. RFID의 활용분야가 증가함에 따라 RFID를 위한 보안 및 프라이버시 기술들에 대한 연구가 다양하게 이루어져 왔고, 그 중에서 RFID가 내장된 제품의 구매시 필요한 RFID의 소유권 이전을 위한 보안 프로토콜에 대한 연구도 활발하게 제안되어 왔다. 최근에 Kapoor와 Piramuthu는 기존에 제안된 소유권 이전 프로토콜들이 갖고 있던 보안상의 문제점을 해결한 단일 RFID 태그의 소유권을 이전하는 새로운 프로토콜을 제안하였다. 이 논문에서는 Kapoor-Piramuthu의 프로토콜 역시 보안상의 문제를 갖고 있음을 보이며, 이 문제를 해결한 새로운 프로토콜을 제안한다. 보안 분석을 통해 새로 제안한 프로토콜은 기존 프로토콜의 문제를 해결하였음을 보였다.

• 무역상무연구
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• 제46권
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• pp.133-158
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• 2010

Independent guarantee is a creation of the need from the both sides, i.e. the applicant (principal debtor) and the beneficiary (creditor). The former used to have to deposit cash in favor of the beneficiary in case of his default, which laid a burden on his liquidity while the latter still wanted to have the equivalent to cash. Independent guarantee satisfied the both parties by freeing the applicant of a deposit and maintaining the beneficiary's right at the same time. The fact that independent guarantee has three payment mechanisms is not widely known to the public. They are (i) payment on first demand, (ii) payment upon submission of third-party documents, (iii) payment upon submission of an arbitral or court decision. From the applicant's point of view, the order in his favor is (iii), followed by (ii) and (i). As there shouldn't be a case where one party is at a disadvantage against the other, useful insight is being sought for the benefit of the applicant. First, the applicant can offer his intention to provide a payment mechanism (ii) or (iii) rather than (i) if he must deliver it. Second, if the beneficiary still wants to have (i) and the applicant is in a position not to reject it, the latter should thoroughly check any provisions that may work against him later. Third, the applicant could use counterbalancing provisions in underlying contract to cope with protective clauses in the guarantees. Forth, the applicant should review the beneficiary's sincerity to prevent unfair calling risks. The applicant may use an ECA(Export Credit Agency) in his country to which he can transfer not only unfair calling risks, but also political risks. On the other hand, a bank needs to keep the following advice in mind. The foremost important thing for the bank not to forget is that it provides a guarantee as a service provider, not as a responsible party for the feasibility of the project, etc. Credit risk of the applicant should require the greatest attention when issuing a guarantee: the bank should look into the possibility that it can procure immediate reimbursement from its customers after payment to the beneficiary. Second, the applicant's ability to complete the project should be reviewed by checking its track records, techniques and reputation, etc. Third, the bank may also use an ECA to cover the beneficiary's unfair calling risks as well as political risks. In the case of Korea, as Korea Export Insurance Corporation(KEIC) can cover all the risks mentioned above, the bank could use its service called 'Export Bond Insurance.' What's better for the bank is that ECA cover can enhance the bank's asset quality by putting it zero on its risk weighted asset.