• 제목/요약/키워드: conflict of laws

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지방자치단체 갈등관리 분야 법규 분석 (An Analysis of the Local Laws and Regulations in Conflict of the Local Government)

  • 변성수;류상일;최호택
    • 한국콘텐츠학회논문지
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    • 제9권12호
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    • pp.797-804
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    • 2009
  • 이 연구는 지방자치단체의 효율적인 갈등관리를 위한 기초연구로서, 갈등관리 분야의 법규에 관한 내용을 분석하였다. 이를 통하여 효율적인 갈등관리를 위한 법규의 개선방안을 모색하고자 하였다. 이 연구의 주요 분석내용은 법규의 기초 사항, 목적 및 갈등당사자, 용어, 심의기구, 조정기구, 중요 특이 사항 등을 포함하고 있다. 그리고 이 연구는 갈등관리 분야 법규의 개선방안으로서 자치단체장의 갈등관리에 대한 인식 전환 및 의지 강화, 갈등관리기구의 역할과 심의 조정 내용의 반영 및 이행 강화, 행 재정적 지원 규정의 확산 등을 제시하고 있다.

개정 국제사법(國際私法)의 소개 : 국제거래(國際去來)에 미치는 영향을 중심으로 (The New Conflict of Laws Act of the Republic of Korea)

  • 석광현
    • 무역상무연구
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    • 제20권
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    • pp.23-62
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    • 2003
  • The Law amending the Conflict of Laws Act of the Republic of Korea ("Korea"), which had taken two years to prepare, was promulgated on April 7, 2001 and finally took effect as of July 1, 2001. Accordingly, the old earlier Conflict of Laws Act which was called "Seoboesabeop" in Korean ("Prior Act"Old Act) was replaced by the new Conflict of Laws Act called "Gukjesabeop" in Korean ("New Act"). In fact the Old Act Prior Act was promulgated in 1962, but it was regarded as outdated from the moment of its promulgation. However, since the Old Act because it was modeled after the chapter of the Private International Law of the Einfuehrungsgesetz zum Buergerlichen Gesetzbuch (EGBGB) of the Federal Republic of Germany ("German PIL") and the Japanese Private International Law ("Japanese PIL") which had been promulgated toward the end of the 19th century., the Old Act was viewed as outdated from the moment of its promulgation. As a result of the drastic change of the environment for international trade of which that has taken took place in parallel with the global information technology revolution on a global basis, the scope of issues to be addressed which should be resolved by the conflict of laws principles has been remarkably expanded, and various new issues of an entirely which are quite new in its type and nature have arisen been raised. In the field of conflict of laws in its narrow sense, a revolution or crisis of the traditional conflict of laws has been brought about by the advent in the United States rise of a the new methodology for of the conflict of laws, of the United States of America and in the process of overcoming the such crisis the conflict of laws of the European continent has undergone substantial changes such as the diversification of the connecting principles, the expansion of the principle of party autonomy and the consideration of the value of the substantive law to protect socio-economically weaker parties of. The Prior Act, which was based on However, with the mechanical connecting principles and contained various outdated the inappropriate provisions, the Old Act could not cope with the issues raised by the internationalization and globalization of the Korean society. Furthermore In addition, the Old Act Prior Act was regarded as insufficient in that it lacked rules on international jurisdiction to adjudicate, or international adjudicatory jurisdiction, whereas the expectation of the public was that the Conflict of Laws a Act should function as the "Basic Law of the International Legal Relationships"encompassing rules on international jurisdiction given the increase of international disputes. Furthermore the private international law has also attracted more attention from the Korean At the beginning of the new Millennium, thanks to the promulgation of the New Act, I believe that Korea has succeeded in achieving the modest goal of reflecting in the its codification substantial parts of the major developments of the private international law which the leading advanced continental European countries had achieved during the last century. The New Act has followed the approach of the traditional conflict of laws of the European continent. It is a product of the efforts to eliminate the then existing problems of the Prior Old Act and to adapt the Korean private international law regime to the standard of international conventions and national laws of advanced countries. Unlike the Prior Old Act which was heavily dependent upon the prior Japanese PIL and the prior German PIL, the New Act has been prepared by taking into full account the Rome Convention, the Swiss PIL, the new German PIL which took effect in 1986 and various conventions adopted by the Hague Conference. Therefore, the New Act has substantially reduced dependence upon the Japanese PIL and the German PIL, and has gained relatively greater universal validity. The fact that the New Act expressly declares that the determination of international jurisdiction is a matter of conflict of laws is a clear sign that it has departed from the German tradition which confines the conflict of laws principles to choice of laws rules, and moved toward a broader and more practical approach widely accepted in the area of conflict of laws. It is hoped, and I am personally confident, that the New Act will be able to achieve its intended objectives in the 21st century as the basic law for the ever-increasing legal relationships with a foreign element.

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3D 프린팅 실무 적용을 위한 건설 관련법 제도적 개선 방향 (Institutional Improvement of Construction-Related Laws for Practical Application of 3D Printing)

  • 이성민;박상훈
    • 한국공간구조학회논문집
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    • 제19권4호
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    • pp.85-94
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    • 2019
  • Then 3D printing is used practically at construction sites, there is a serious lack of studies on the conflict with construction-related laws and expected operational problems. Accordingly, the purpose of this study is to present obstacles and directions for improvement in construction-related laws (Building Act, Construction Technology Promotion Act, Housing Act, Construction Machinery Management Act, etc.) for practical operation of 3D printing. The important results are as follows. Amending existing construction-related laws for 3D printing is irrational and inefficient in terms of structure and material. This study proposed a method of satisfying performance required by laws or standards based on the performance design method presented in existing laws and systems through structure and material performance certification procedure. In addition, inclusion of 3D printing equipment in the Construction Machinery Management Act results in various restrictions such as equipment inspection and certification of machine parts. As such restrictions can block vitalization of 3D printing, a long-term and step-wise approach was suggested.

Reparation for Victims of the International Civil Aviation Arising from Armed Conflict Zones

  • Huaping, QIN
    • 항공우주정책ㆍ법학회지
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    • 제30권1호
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    • pp.245-271
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    • 2015
  • The downing of the MH17 reminds the world that the international civil aviation is not as safety and security as people expected. Such tragedy is partly due to the risk and danger of the armed conflict zones, but is more attributed to the ignorance to the international law by the responsible parties concerned. International laws applicable to the armed conflict zones shall be strictly followed, and the reparation shall be provided to the victims, otherwise such disaster could not be avoided in the future.

장애인차별금지법에 대한 건축 관련법의 보완에 관한 연구 - 문화예술시설을 중심으로 - (A Study on the Supplement of the Architecture Act Related to the Act of Disability Discrimination - Focusing on the Cultural and Arts Facilities -)

  • 조철호;소준영
    • 한국실내디자인학회논문집
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    • 제20권6호
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    • pp.340-349
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    • 2011
  • The Act of Disability Discrimination and Rights Restriction established in 2008 states that all services including cultural and artistic activities should be fair and easily accessible for both disabled and non-disabled. While the previous society focused on providing the basic necessaries of life to disabled, the modern society gradually tuming their attention to improving quality of the life of disabled, especially in culture and art related activities. The Act of Disability Discrimination and Rights Restriction also states that the services for cultural and artistic activities should be provided from 2010. However in reality, there are contradictions among the Disability Discrimination Act, the Convenience Improvement Act for the Disabled, the Aged, and the Pregnant Woman, and the laws related architecture. So they are having difficulties technically with applying these laws. First, this research contains the comparison of domestic and foreign acts related to the legitimate accommodation uses of cultural and arts facilities for the disabled. Second, this research also lists the facts of conflict between the laws of legitimate accommodation uses for the disabled and the Architecture related laws. Finally, several suggestions are stating for the complementarily improved architecture-related laws which were based on the standard of foreign countries for the disabled.

CISG and Arbitration Agreements: A Janus-Faced Practice and How to Cope with It

  • Flecke-Giammarco, Gustav;Grimm, Alexander
    • 한국중재학회지:중재연구
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    • 제25권3호
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    • pp.33-58
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    • 2015
  • Arbitration clauses or institutional arbitration rules rarely, if ever, specify the law applicable to the arbitration agreement. A wide range of laws may thus govern this question, such as the law at the place of arbitration, the law where the agreement or the award is enforced or the law of the main contract between the parties. It is also conceivable that international uniform law or soft law may play a role. Tribunals and courts seized with this question must consequently decide which of these various laws shall apply to verify the existence and validity of the arbitration agreement. This paper picks up on this controversially debated conflict of laws issue. At times, this debate is characterized by a strong divide between arbitration and international trade law practitioners. But are the different approaches really leading to diverging results in arbitral practice?

신문기사를 통해 본 이혼 양상에 대한 내용분석(II) - $1940\~1990$년대 조선$\cdot$동아일보를 중심으로 (Content Analysis of Newspapaer Articles on Divorce(II) - Focusing on Chosun and Donga from the 1940's to 1990's -)

  • 이강이;최혜영
    • 대한가정학회지
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    • 제43권9호
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    • pp.129-141
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    • 2005
  • In this study, the major tendencies of divorce as represented in articles of Korea's major daily newspapers from the 1940's to the 1990's were explored. The method used for this study was content analysis, and 1,741 articles related to divorce were selected for analysis from the Chosun and Donga. The main categories and subcategories were classified as attitude toward divorce(negative, accepting, neutral), present condition of divorce(statistics, survey, analysis), cause of divorce(marital conflict, conflict with family, health-related troubles, financial troubles, and others), and information offered about divorce(related-laws, prevention and adaptation, and others). The major findings of this study were as follows. 1) The most frequently found category was information offered about divorce, and the following categories were featured in the newspapers in the order of cause of divorce, present condition of divorce, and attitude toward divorce. 2) The major discussions of divorce as represented in articles of Korea's daily newspapers from the 1940's to 1990's have been reflecting the changes of related laws, policy and legislation in our society. 3) The content analysis of newspaper articles on divorce indicated that concepts of marriage, divorce and family in our society have been diversified.

농업진흥지역(農業振興地域)의 문제점(問題點)과 개선방안(改善方案) (An Institutional Approach on Land Problems; Concentrate on Agricultural Development Areas)

  • 김재홍
    • 농업과학연구
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    • 제22권2호
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    • pp.223-230
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    • 1995
  • Agricultural land act was promulgated 1994, 12, 22. Now this is the time to evaluate present agricultural land related laws and its implications. Land problem is a conflict between private characteristics of ownership and public characteristics of utilization. Agricultural development aeras are the key areas where the conflict is intersected. Agricultural development aeras have many regulations to their use, so the price is relatively low. However to keep the food sufficiencies and public purposes, government have to keep agricultural development aeras. To compensate the owners of agricultural development aeras, I suggested some measures. One is direct payment to the owners of agricultural development aeras, the others are environmental subsidies.

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신문기사를 통해 본 이혼 양상에 대한 내용분석(I) - 1920∼1930년대 조선ㆍ동아일보를 중심으로 - (The Content Analysis of Newspaper Articles on Divorce -Focusing on Choseun ilbo and Donga ilbo in the 1920′s and 1930′s -)

  • 이강이;최혜영
    • 대한가정학회지
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    • 제42권11호
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    • pp.47-60
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    • 2004
  • In this study, the major tendencies of divorce as represented in articles of Korea's daily newspapers in the 1920's and 1930's were explored. The method used for this study was content analysis, and 432 articles related to divorce were selected for analysis from Choseun and Donga ilbo. The main categories and subcategories were classified as attitude toward divorce(negative, acceptive, neutral), present condition of divorce(statistics, suvey, analysis), cause of divorce(marital conflict, conflict with family, health-related troubles, financial troubles, and the others), and information offered about divorce(related-laws, prevention & adaptation, and the others). The major findings of this study were as follows. 1) The most frequently found category was the cause of divorce(given in 47.5% of the total articles), and especially noticeable was an increase of marital conflict. 2) In the case of attitude toward divorce(12.5%), percentiles of negative, acceptive, and neutral attitudes appeared nearly similarly, which is a representation of the transitional tendency of those times. 3) In the 1930's, information offering articles(25.2%) increased quantitatively as well as qualitatively compared with the 1920's.

뉴턴 운동법칙에 관한 문제에서 갈등상황의 유형이 학생들의 인지적 갈등 유발에 미치는 영향 (The Effects of Conflict Situation Types on Inducing Students' Cognitive Conflicts in Newton's Laws)

  • 임이숙;이영직;권재술
    • 한국과학교육학회지
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    • 제18권4호
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    • pp.473-483
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    • 1998
  • 학생들의 개념변화를 위해서는 갈등상황을 제시하여야 한다고 여러 연구자들이 주장하였다. 본 연구에서는 뉴턴 운동법칙에 관한 문제에서 갈등상황을 제시하여 그 유형이 학생들의 인지적 갈등 유발에 미치는 영향을 알아보고자 하였다. 연구 대상은 읍소재지의 남자 고등학교 1학년으로 사전검사를 통하여 연구 목적에 합당한 34명을 선발하였다. 본 연구에서는 여러 가지 갈등상황의 유형 중 시범기구로 '현상'을 직접 보여주거나 논리적인 '논증'을 제시하는 두 가지 갈등상황을 이용하였다. 인지적 갈등 정도는 본 연구에서 개발한 준거에 따라 4단계의 Likert 척도로 연구자 외 2인이 면담에 함께 참여하여 판정하였다. 연구 결과는, 정확하고 눈금이나 수치로 나타나는 '현상'이 효과적이며 외부변인이 개입된 현상은 학생의 주의를 오도하므로 갈등유발이 어려웠다. '논리'를 제시할 때, 오개념을 가진 학생은 과학적 논리에 대변하여 갈등을 회피하며 오히려 다른 오개념의 논리에 의하여 갈등유발이 잘되었다. 과학적 개념을 가지고 있는 학생은 논리제시로써 갈등을 유발하기 어려웠다. '현상'을 제시할 때와 '논리'를 제시할 때, 유발된 갈등을 비교해 보면 '논리'보다는 '현상'이 효과적이었다. 따라서 학생들의 개념변화를 위해서는 직접 현상을 보여주는 인지적 갈등 전략이 바람직하며 이 때 제시되는 현상은 정확하고 분명한 것이 효과적이라 하겠다.

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