• Journal of Arbitration Studies
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• v.19 no.1
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• pp.147-169
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• 2009

This paper deals with disputes incurred from the CISG provisions in relation with the conformity of goods with a view to finding the general way of approach made by the court and arbitration tribunal in the case laws for the interpretation of CISG based on 6(six) cases thereon. Throughout this study, it has been noted that the German Supreme Court devoted most in creating the general principle of CISG interpretation in relation with national compulsory law of regulation applicable on the conformity of goods. It was New Zealand mussels case in which the German supreme court decided that the exporting country's compulsory law of regulation would be applied in determining the conformity of goods. Furthermore, German supreme court added that CISG does not place an obligation on the exporter to supply goods, which conform to all statutory or other public provisions in force in the import state unless the same provisions exist in the export State as well, or the importer informed the exporter about such provisions existing in the import state, or the exporter had knowledge of the provisions due to special circumstances. It is stipulated in CISG that the goods conform with contract if they are fit for the purpose for which goods of the same description would ordinarily be used. When questions arise concerning matters governed by the CISG that are not expressly defined in the CISG, the question is to be settled in conformity with general principles on which the convention is based. Only when such a general principle cannot be found may the tribunal turn to other sources such as UNIDROIT Principles, Principles of European Contract Law and Lex Mercatoria, etc. Interpretation of CISG should be autonomous, in the sense that it should not depend on principles and concepts derived from any national legal system. Even where a CISG rule is directly inspired by domestic law, the court should not fall back on its domestic law, but interpret the rule by reference to the CISG with a view to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade.

• Journal of Family Resource Management and Policy Review
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• v.10 no.3
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• pp.45-62
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• 2006

This research is carried out to inspect the Apartment Management System of Japan, to examine the similarities and differences between the Korean Apartment Management System and the Japanese Apartment Management System. First, as the basis law of apartment management, there exists the Building Unit Ownership Act, the Promotion Law fur Adequate Mansion Management of Japan, the Housing Law, Housing Execution Law and Rule of Korea. Second, the Association of Apartment Owners, an organization of owners of apartments in Japan and the Commission of the Representatives of the Occupants in Korea become the subject of maintenance. The Japan structure is made of the Assembly, the Director and the President. The Korean structure is made of Regular and Temporary Conferences and elected Officers(1 president, at least 2 directors and at least 1 inspector). The Commission of the Representatives of the Occupants and the Organization of Owners of Apartments make bylaws and diverse maintenance rules. Third, the foremost reason why the Korean structure of maintenance of apartments is less efficient than Japan is because of the small number of people dispatched to the living-environment maintenance team and their short terms. It is necessary to grow professionals related to this sector and to have enough public servants that specialize in this. Fourth, although it is compulsory to make long term plans for maintenance based on the Housing Law, because the reserve fund is decided by the maintenance rule(with no compulsory standards of reservation) of each apartment, it is difficult to reserve an adequate amount of reserve fund. So as in the example of the state of Hawaii in America, based on long term plans for maintenance, an execution rule of the Housing Law should be made which enforces to reserve at least 50 percent of future maintenance expenses.

• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.343-405
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• 2009

This paper is to discuss essential business of hospital business. While the labor world and ILO made continuous recommendation for improvements towards the compulsory arbitration system along with the controversy over unconstitutionality of the system, the Constitutional Court ruled that the system is constitutional on December 23, 1996(90hunba19) and on May 15, 2003 (2001hunga31). Despite this decision from the Constitutional Court, there has been much controversy over whether the compulsory arbitration system infringes the rights of collective action against the principle of trade union & labor relations adjustment which allows Commissioner of the Labor Relations Commission to decide on submission of arbitration by virtue of his/her authority in case where industrial disputes take place in the essential public-service businesses. The revision on the above provision was closely examined from the year 2003 and an agreement was made on the abolition of the compulsory arbitration system and the introduction of essential business with a grand compromise among labor unions, employers and the government on September 11, 2006 followed by revision(Essential business system enacted on January 1, 2008) of the Trade Union & Labor Relations Adjustment Act on December 30 in the same year. Accordingly, in order to perform the essential business, parties to labor relations must have an agreement or obtain a decision by the Labor Relations Commission before taking industrial actions. This paper firstly examined the concept of essential public-service businesses and essential business, legal meaning of essential business, procedures for making agreement and decision and legal effects. Secondly it intensively explored a theory against the principle of the legality which was raised from some part of society. In other words, it is claimed that a theory against the principle of the legality is not consistent with the rule of legislation and some abstract wording is against void for vagueness doctrine because part of crime constitution requirements is delegated to the Presidential Decree or to consultation among parties to labor relations. But analysis on the rule of legislation and void for vagueness doctrine reflected in the decision by the Constitutional Court led that argument for a theory against the principle of the legality is not reasonable. Close examination was done on a formal act of essential business agreement and necessity of prior agreement before submission of decision to the Labor Relations Commission which might have difficulties in performing work. In addition, an example agreement on hospital essential business is attached to help you understand this paper better.

• Journal of Arbitration Studies
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• v.30 no.4
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• pp.163-177
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• 2020

There are several ways to implement charter parties in the operation of the vessel. Under the time charter party, the charterer borrows the vessel from the shipowner and uses the vessel to benefit his business. The time charter party's legal relationship can be divided into internal and external relationships. This article deals with an internal relationship. The legal matters between the shipowner and charterer are regulated by the agreement. The NYPE is the most widely circulated type of time charter party. According to the NYPE, navigational matters fall upon the shipowner while business matter falls upon the time charterer. There are vague parts in interpreting NYPE articles. NYPE Art. 8, called the employment clause, is one of them. The Master employed by the shipowner should follow the order of the charterer. Whether the charterer has the right to order the Master of the vessel to follow the navigating route recommended by him was addressed in the Hill Harmony case by the UK Supreme Court. The court was affirmative. Under the Ocean Victory case, whether the time charterer has an obligation to order the Master to go out to escape heavy weather from the berth at the port was at issue. The Japanese lower court decided negatively. There is a tendency that many countries insert default rule in the maritime law to apply it to the case at issue in a case where there is no agreement. It serves the enhancement of legal stability; China, Japan, and Germany are such countries. The author thinks that Korea should follow the above three countries' revision of their maritime law.

• Environmental and Resource Economics Review
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• v.20 no.2
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• pp.167-198
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• 2011

The Korean government recently announced greenhouse gases (GHG) emissions reduction target as 30% of 2020 business as usual (BAU) emission projection. As carbon emissions trading is widely used to achieve reductions in the emissions of pollutants, this study deals with the sectoral allocation of initial carbon emission permits in Korea. This research tests the effectiveness of a variety of allocation rules based on the bankruptcy problem in cooperative game theory and hybrid input-output tables which combines environmental statistics with input-output tables. The impact of initial emission permits allocation on economic growth is also analyzed through green growth accounting. According to the analysis result, annual GDP growth rate of Korea is expected to be 4.03%, 4.23%, and 3.67% under Proportional, Constrained Equal Awards, and Constrained Equal Losses rules, respectively. These rates are approximately from 0.69% points to 0.13% points lower than the growth rate of 4.36% without compulsory $CO_2$ reduction. Thus, CEA rule is the most favorable in terms of GDP growth. This study confirms the importance of industry level study on the carbon reduction plan and initial carbon emission permits should reflect the characteristic of each industry.

• Journal of Educational Research in Mathematics
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• v.24 no.4
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• pp.481-498
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• 2014

This study analyzed Japan, Taiwan, Hongkong, Finland, and China National Mathematics Curriculums to find the implications to improve Korean High school Mathematics curriculum. First, at the aspect of mathematics education goals, we can consider to select the logical thinking, the use of mathematics, and the mathematical inquiry in the cognitive domain and self-confidence, brevity, a sense of accomplishment, and the value of mathematics in the affective domain. Second, when high students consider their course, he/she should be able to select mathematics subjects according to her/his desired career and/or major. Third, I found that sine rule, cosine rule and correlation were included as compulsory contents of Japan, Taiwan and China but not Korea. Finally I suggest that we need to show and explain kindly the range of the contents and to develop the Korean mathematics curriculum model.

• Journal of Korea Trade
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• v.24 no.1
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• pp.59-81
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• 2020

Purpose - This study analyzes the scope of due diligence and risks of banks and K-Sure in trade finance covered by EFF focusing on Moneual case, one of the latest and biggest trade finance fraud cases in Korea. Also, we suggest anti-fraud measures in trade finance on the part of banks and K-Sure in order to give them a desirable way of due diligence and reasonable risk management of export insurance. Design/methodology - Based on Moneual case of trade finance fraud, this study employs the methodology of an extended literature review and analysis of court decisions. Findings - Seoul High Court of Korea failed to decide whether K-Sure was wholly obliged to pay the insurance against the banks' EFF claims, but issued a compulsory mediation order, judging that both the banks and K-Sure were responsible by 50:50. The court may have judged that both the parties had lacked their due diligence in the trade finance. It is quite difficult for trade finance providers to manually investigate whether the transaction is suspected of trade finance fraud, so digitalization of trade finance which can facilitate the prevention and detection of trade fraud needs to be realized quickly. Since there has been no international rule available for open account trade finance up till now, clearly stipulated EFF terms on the exporter's genuine export obligation might have protected K-Sure from the disaster. Originality/value - This study investigates the due diligence of the banks and K-Sure in Moneual case which few researchers have considered, to the best of our knowledge. This study also suggests several practical methods (including block chain) to prevent complicating trade finance fraud amid increasing use of an open account, and further offers reasonable risk management of EFF employing international factoring rule which is also related to problematic open account trade finance.

• Korean Journal of Construction Engineering and Management
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• v.13 no.6
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• pp.143-152
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• 2012

As the Public Procurement Service announced the compulsory of BIM adaption in every public construction from 2016, the importance of BIM is increasing. Besides, automatic code checking takes significance in terms of the quality control for BIM based design. In this study, rule-sets were defined for Act on the Promotion and Guarantee of Access for the Disabled, the Aged, and Pregnant Women to Facilities and Information. Three analytic steps were suggested to shortlist the objective clauses from the entire code; the frequency analysis using project reviews for architectural code compliance, the clause analysis on quantifiability, and the analysis for model checking possibilities. The shortlisted clauses were transformed into the machine readable rule-set definition. A case study was conducted to verify the adaptiveness and consistency of rule-set definitions. In future study, it is required the methodologies of selecting objective clauses to be specified and its indicators to be quantified. Also case studies should be performed to determine the pre-conditions in modeling and to check interoperability issues and other possible errors in models.

• Health Policy and Management
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• v.29 no.4
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• pp.394-398
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• 2019

Education on the physician continues with undergraduate medical education, graduate medical education, and continuous medical education. The countries such as the United States, Japan, the United Kingdom, German, and others are required to undergo training in the clinical field for 2 years after completing the national medical examination, and to become doctors after passing the clinical practice license test. Korea can obtain a medical license and become a clinical doctor at the same time if it passes written and practical tests after completing 6 years of undergraduate medical education or 4 years of graduate school. About 90% of medical school graduates replace clinical practice with 4-5 years of training to acquire professional qualifications, but this is an option for individual doctors rather than an extension of the licensing system under law. The medical professional qualification system is implemented by the Ministry of Health and Welfare on the regulation. In fact, under the supervision of the government, the Korean Hospital Association, the Korean Medical Association, and the Korean Academy of Medical Sciences progress most procedures. After training and becoming a specialist, the only thing that is given to a specialist is the right to mark him or her as a specialist in marking a medical institution and advertising. The government's guidelines for professional training are too restrictive, such as the recruitment method of residents, annual training courses of residents, dispatch rule of the residents, and the quota of residents of training hospitals. Although professional training systems are operated in the United States, the United Kingdom, France, and Germany, most of them are organized and operated by public professional organizations and widely recognize the autonomy of academic institutions and hospitals. Korea should also introduce a compulsory education system after graduating from medical education and organize and initiate by autonomic public professional organization that meets global standards.

• Journal of Korea Port Economic Association
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• v.30 no.4
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• pp.111-130
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• 2014

The article 742(2) of the Korean Commercial Code allowed the third party to invoke a direct action against the insurer under a liability insurance. Meanwhile, the owners of the vessel enter into the P&I Insurance Contract with the P&I Club to indemnify all kinds of liability or expenses involved in the operation of its vessel. However, the Rule Book under the P&I Insurance mostly included the Pay to be Paid Clause which precludes the third party's direct action. Recently, the Seoul Central District Court passed a judgement on the validity of the Pay to be Paid Clause under the Korean law against the third party i.e. the cargo insurer having the right of subrogation. The court held that (1) the third party's right of direct action is not the right to claim insurance money but the right to claim damages against the P&I Club, (2) the insurer under a liability insurance is deemed to assume liability jointly and severally with the insured against the third party, (3) the Article 742(2) of the Korean Commercial Code is considered as a compulsory provision because it was invented to protect the innocent third party, the Paid to be Paid Clause is thus null and void. The purpose of this article is to evaluate the appropriateness of this court's judgments by comparative analysis of Korean and English law, and to suggest the relevant amendments of the Korean Commercial Code in order to prevent further legal disputes. The article criticizes the decision of the Seoul Central District Court, taking the attitude that, since the third party's right is the right to claim insurance money, the Paid to be Paid Clause is valid against the third party.