• 한국항해항만학회지
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• 제39권4호
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• pp.313-318
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• 2015

최근 국적취득조건부나용선에 승무하는 외국인 해기사에게 우리나라의 승무자격증을 발급받아야 하는지에 대한 의문에 제기되었다. 이는 선박직원법 제25조 제1항의 준용규정과 제10조의2의 승무자격증 발급규정과의 관계에 대한 해석상 이론이 제기될 수 있어 발생하는 문제이다. 이 연구는 동 준용규정을 검토하여 그 해석론적 해결방안을 제시하는 것을 목적으로 한다. 이 연구의 결론은 다음과 같다. 첫째, 국적취득조건부나용선에 대한 관할권은 해당 선박이 치적한 그 3국에 귀속하고, STCW협약상 외국인 해기사에게 발급되는 승무자격증은 기국에 의하여 발급되어야 한다. 둘째, 법 제25조의 준용규정은 동법의 개정입법취지에 맞게 BBC/HP에 대하여 외국선박의 기국이 가지는 관할권을 침해하여 우리 선박직원법의 요건을 적용하지 않도록 하여야 한다. 셋째, 이 준용규정은 국제규범에 따라 기국이 관할권을 가지는 각종 증명서의 발급에 관한 규정을 제외하고 승무기준과 같이 STCW협약에서 규정하지 않는 분야에 대해서만 준용하도록 하여야 한다. 넷째, 제10조의2 제1항은 BBC/HP에 승무하고자 하는 외국인 해기사에게 우리나라 승무자격증을 발급받도록 요구하는 규정은 아니다. 요약하면, 제10조의2의 규정은 한국선박에 승무하고자 하는 외국인 해기사에게 승무자격증을 발급받도록 하는 규정으로만 운용되어야 할 것이다.

• 무역상무연구
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• 제19권
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• pp.96-118
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• 2003

Government tries to revise the article 25 in Korea Maritime Transport Act which describes subject of coastal carriage for exported-imported container cargoes. The subject of coastal carriage will be replaced coastal carrier by ocean liner carrier according to the revised article 25. By adopting the revised article, coastal shipping industry will be deteriorated in terms of returns on investment, sales and etc. Even though the revision is inevitable to harmonize the flow of exported-imported container cargo movement, coastal shipping industry should be developed and restructured to get competitive power and to set up an efficient international logistics system. To enhance competitive power of coastal shipping companies successfully, government must realize the importance of coastal shipping, and aid the industry through various methods such as arrangement of law and regulation, indirected financial assistance, decrease of tax rate, etc.

• 한국의사학회지
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• 제25권2호
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• pp.63-96
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• 2012

The PingMaiFa chapter, which is the second chapter of SongBon ShangHanLun, is the scholarly description(專論) of the pulse and pathological mechanism but has not been studied and published yet. This study is about article 1-13 which is the first part of The PingMaiFa chapter. We compared the original texts within the editions, comparing and analyzing the annotations of successive dynastic medical group. The articles of The SongBon ShangHanLun PingMaiFa chapter 1-13 is consisted as is shown: article 1 states about the general features of normal pulse (平脈) and its physiological mechanism and the morbid pulses (病脈) caused by wind, cold, retained fluid, pain and heat vexation, article 1,10 state about the normal pulses of Five viscera (lung, heart, spleen, liver and kidney) and their manipulations in pulse taking, article 2 states about the differentiations of deficiency and excess syndrome according to pulse conditions, article 3, 4 state about the estimation of good prognoses and a factitious disorder by the combination of pulses and symptoms, article 6 states about Latent qi (伏氣) and its diagnostic features, article 5 states about inspection and listening examination as co-diagnostic methods of the pulse diagnosis, article 7, 8, 9 state that the emotions, such as fear and shame, and the dietary are important factors to consider for making diagnosis, article 11 states about the overwhelming pulse (相乘脈) which indicates the abnormal correlations between five phases and appears in four patterns as the dissolute(縱), the unrighteous(橫), the unfavorable(逆) and the favorable(順), article 12 states about 6 harmful pulses(殘賊脈), which are string-like pulse(弦脈), tight pulse(緊脈), floating pulse(浮脈), slippery pulse(滑脈), sunken pulse(沈脈), rough pulse(澁脈), article 13 states about "JaeGoe"(災怪) which is an unexpected response after treatment and it comes because of the formulas that had before. Throughout all these articles, The PingMaiFa chapter not only offers great value for Pulse-taking diagnosis, but also leads to a better understanding of clinical applications.

• 무역상무연구
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• 제51권
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• pp.187-210
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• 2011

International transactions have the threat of non-payment by the buyer or non-performance by the seller. Parties tend to search for additional means of securing performance and payment beyond the mere agreement in the contract. Such security may be achieved by means of a letter of credit. When contracting parties have agreed to pay by means of a letter of credit, the buyer's bank takes upon itself the obligation to pay the purchase price when the seller tenders the documents that are stipulated in the letter of credit. The documents must comply strictly with the terms of the credit.. The documents play a crucial role in letter of credit transaction. The principles of abstraction, separability and strict compliance governing the letter of credit transaction are considered. The concept of fundamental breach of Article 25 CISG was discussed. This article examines whether a failure to deliver documents conforming to the terms of the letter of credit can constitute a fundamental breach of the sales contract as defined by Article 25 of the CISG by the seller and thereby enable the buyer to avoid the contract. For letter of credit transactions it should be accepted that the delivery of non-performing documents constitutes a fundamental breach, if the result of this breach is that the bank refuses to pay the price for the goods. On the other hand, in the interpretation of Article 25 CISG, it should be noted that if the parties have agreed to payment by means of a letter of credit, they have simultaneously agreed to apply the strict compliance principle to the delivery of documents in the sales contract. Finally the parties should ensure that inconsistency between the requirements under the documentary credit and the requirements under the contract of sale is avoided, since the buyer may be in breach of his payment obligation if the seller cannot get paid under the documentary credit when his documents conform with the contract of sale.

• 안보군사학연구
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• 통권7호
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• pp.25-54
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• 2009

This article is focusing on the importance, concepts, and theses of Military Thoughts. This article also tried to find the research trend on the Korean Military Thoughts History. In addition, this article makes a general overview of Yang Seong-ji in the mid 15th Century. The fundamental objects of Military Thoughts are Tactics of a person for Military Affairs and Military Tactical Manuals. The circumstances at that time, the Military System, and Weapon system are based on the preceding two essential elements on Military Thoughts. From now on, this article insist on the necessity of the Study on the History of Korean Military Thoughts focused on a military figure.

• 한국조경학회지
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• 제13권1호
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• pp.25-42
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• 1985

The objective of this article is to develop residential site planning techniques for the energy conservation by focusing on energy conscious site design process, influencing natural factors for energy conservation and suggestion of multi - family housing Prototypes. This article is the second part of the article titled "A Study on an Energy - Effective Site Planning for a Residential Environment"which is published in the previous issue (Vol. 12, No. 2) of this journal. The first part of the article dealt with how to make best use of energy conserving effect of natural forces such as sun, wind and water, and the selection techniques of suitable residential site for achieving energy conservation. The second part proposes the energy conscious design process of residential site development and suggests building forms of single family and multi -family housings. The three multi - family housing prototypes haute been developed which are most energy -effective ; the linear type, the cut -de -sac type and the atrium type. In the process of creating the prototypes, energy conserving design criteria have been also developed. These criteria can be used to develop some other alternative prototypes.

• 한국어교육
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• 제23권1호
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• pp.25-45
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• 2012

The purpose of this article is to examine types and construction method of multimedia materials for the Korean language education, finally in order to construct digital library on Nuri-Sejonghakdang. Firstly, this article reviews some major concepts such as teaching material, multimedia, learning object, meta-data, reusability, etc. Secondly, various multimedia materials are divided into three types(namely, example material, explanation material, training and evaluating material) according to their characteristics as a learning objects. And then, this article tries to propose the classification-search system and meta-data elements for effective search and use of multimedia materials. Finally, this article is concluded by presenting the long-term plan of digital library construction on Nuri-Sejonghakdang and some follow-up task of this study.

• 항공우주정책ㆍ법학회지
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• 제6권
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• pp.191-215
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• 1994

The concept of 'wilful misconduct" was initally used in article 25 of the Warsaw Convention of 1929. The concept was defined in the Hague Protocol, 1955, as having the following two differing concepts: i) "with the intent to cause damage" and ii) "recklessly and with the knowledge that damage would probably result." The concepts contained in the Hague Protocol were used in various international Conventions on carriage by sea, such as Article 2(e) and Article 3(4) of the Protocol adopted at Brussels on Feb. 23, 1968 to amend the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, signed at Brussels, Aug. 25, 1929(Hague-Visby Rules), Article 13 of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, Dec. 13. 1974, Article 4 of the Convention on Limitation of Liability for Maritime Claims, 1976, Article 8(1) of the U.N. Convention on the Carriage of Goods by Sea, 1978(Hamburg Rules) and Article 21 (1) of the U.N. Convention on International Multimodal Transport of Goods, Geneva, 1980. The same concepts were also adopted in Article 746, 789-2(1), 789-3(2) of the Korean Maritime Commercial Law, revised in 1991. As of yet, the legal system of Korean Private Law recognizes only the concepts of "Vorsatz" and "grobe Nachlassigkeit", as is the case with German Private Law. The problem is that the concepts in the Convention do not coincide precisely with the concepts of "Vorsatz" and "grobe Nachlassigkeit". The author has conducted a comparative analysis of the treatment of the concepts of wilful misconduct and its varied interpretations, that is, "with the intent to cause damage" and "recklessly and with the knowledge that damage would probably result" in the Anglo-American law and in the continental European law in the following manner: 1. Background in which the concept of wilful misconduct was introduced in the Warsaw Convention. 2. The concept of "dol" in French private law. 3. The concepts of "Vorsatz" and "grobe Nachlassigkeit" in Korean private law. 4. Analysis of the concept of wilful misconduct in Anglo-American case law. 5. Analysis of the cases interpreting the concepts of "with intent to cause damage" and "recklessly and with knowledge that damage would probably result" in various jurisdictions. 6. The need to incorporate the concepts of "with the intent to cause damage" and "recklessly and with the knowledge that damage would probably result." 7. Faute inexcusable in French private law. Based upon the comparative analysis, the author points out the difference between the concepts of "wilful misconduct" or "with the intent to cause damage" and "Vorsatz", and between the concepts of "recklessly and with the knowledge that damage would probably result" and "grobe Nachlassigkeit" in the Convention and that of the Korean Private Law system. Additionally, the author emphasizes the importance of the unification in the interpretation of the provisions of the Conventions world wide.

• 통상정보연구
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• 제13권3호
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• pp.459-485
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• 2011

본 연구는 매도인의 서류교부의무에 관하여 규정하고 있는 CISG의 제30조와 34조의 내용을 무역관습인 Incoterms 및 신용장통일규칙(UCP)과 관련하여 해석하고, 서류교부의무의 위반이 매수인에게 어떤 법적 구제권을 부여하는지를 규명한다. CISG는 제 30조와 34조에 매도인의 서류교부의무에 관한 규정을 두고 있으나 서류의 종류, 서류교부 시기, 장소, 형식 등에 대해서는 별도로 규율하지 않고 계약 및 관습(usage)에 의존하고 있다. 이에 따라 계약에 명시적인 규정이 없는 경우 Incoterms와 신용장통일규칙이 협약을 보완하여 적용된다. 매도인이 계약에 적합한 서류를 정해진 시기, 장소, 형식에 따라 교부할 의무를 이행하지 않는 경우 협약의 제45조에 의해 이행청구권, 계약해제권 및 손해배상청구권 등의 구제권이 매수인에게 부여된다. 그러나 계약해제권의 경우 협약이 계약의 유지를 기본 정신으로 하고 있으므로 매우 제한적으로 인정되는 경향이 있다.

• 한국중재학회지:중재연구
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• 제25권1호
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• pp.47-64
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• 2015

Pursuant to Article 109(1) of the Attorney-at-Law Act of Korea, a person, not an attorney-at-law, who receives or promises to receive money, articles, entertainment or other benefits or who gives or promises to give those things to a third party, in compensation for providing or mediating legal services, such as examination, representation, arbitration(emphasis added), settlement, solicitation, legal consultation, making of legal documents, etc. shall be punished by imprisonment with prison labor for not more than 7 years or by a fine not exceeding KRW 50 million or may be punished by both and there is no specific provision on qualification of arbitrator except on nationality of an arbitrator in the Arbitration Act of Korea. Then, the question arises, can any non-lawyer arbitrator who receives arbitrator's fees be punished in accordance with the Attorney-at-Law Act in Korea? To search for an answer for this matter, this paper examines the Arbitration Act or the Civil Procedure Code of 33 major countries in the world and explains a research on the participation ratio of non-lawyer arbitrators in all 360 arbitration cases registered in 2012 at the Korean Commercial Arbitration Board (KCAB).