• Title/Summary/Keyword: domestic law

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An alternative study on Intervention of "Family Welfare Specialist" on the Domestic Violence Law (가정폭력방지법상 '가정복지사'의 개입에 관한 대안적 연구)

  • 박옥임;유숙영
    • Journal of Families and Better Life
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    • v.19 no.4
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    • pp.201-210
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    • 2001
  • The purpose of this dissertation is to examine role and license of family welfare specialist and suggest in the occurrence of domestic violence crime family welfare specialist compulsory intervention rules legislate in the Domestic Violence Law. As for the methodology of the study, by a plan of the role and intervention of family welfare specialist on the Domestic Violence Law. First, role and its license of family welfare specialist, second, intervention for domestic violence defense of family welfare specialist system, third, for support legislation of family welfare specialist on the Domestic Violence Law. Namely, family welfare specialist of role in a report obligation of domestic violence accident, family welfare specialist of intervention in an emergency aid process of police, family welfare specialist of intervention in decision process of a court, family welfare specialist of intervention in the nation obligation in regard to domestic violence accident, family welfare specialist of intervention in the domestic violence counselling center. Finally, for the successful outcome of the role and intervention of family welfare specialist on the Domestic Violence Law, after all, not only the fulfillment of the condition of the system described above but also changes in peoples understanding are important.

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A study on developing domestic law classification scheme (법률학 전문분류표 창안을 위한 국내법체계 연구)

  • 김자후
    • Journal of Korean Library and Information Science Society
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    • v.23
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    • pp.439-469
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    • 1995
  • The purpose of this study is to develop a new domestic (national) law classification scheme with universality. An underlying reason for the development of this scheme reset upon the fact that Civil law system, Common law system, Socialistic law system have had difficulties each other and that current classification scheme covering three law systems have not been still in existence. From the comparative discussion of classification schemes that are the representative of each law system, a new national law classification scheme with universality was designed. If law classification scheme have been completeness, this new scheme must be combined with jurisprudence and international law classification scheme which was developed already.

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Consideration on the Convention of Space Station as Law-Making Process among Nations (다수국간법정립행위로서의우주기지협정에관한고찰(多数国間法定立行為としての宇宙基地協定に関する一考察))

  • Horish, Saito
    • The Korean Journal of Air & Space Law and Policy
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    • v.14
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    • pp.87-110
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    • 2001
  • This Article examines a structure of two Conventions of Space Station, compares 1988 Convention and 1998 Convention, and tries to apply "model" to it. The structure of 1988 Convention shows us three phases: the Convention as a framework, the bilateral memorandum of understanding and the legislation by domestic process of United States. There were many advantageous provisions for United States. In 1998 Convention, however, those provisions are dampened and provisions become impartial, for example, the criminal jurisdiction, the right of intellectual property and the codes of conducts in Space Station. On the other hand, we sets the "model" up, that is "input of national benefits and ideas ${\Rightarrow}$ process of law-making ${\Rightarrow}$ output of common benefits, universal ideas and wastes." In the case of applying this "model" to 1988 and 1998 Conventions, we are convinced of enough possibility to understand and explain the legal system of Space Station by this "model." This result awakes us that study of legal system of Space Station according to the "model" influences the fundamental theory of International Law Study: the relation between international law and domestic law. This "model" has possibility to change the theory of relation between from "international law and domestic law" to "domestic law and domestic law through international legal system." In the end, we should reconsider on "policy-oriented jurisprudence" by professor McDougal to use his key words for explanation of concepts in the "model," because his theory contains important suggestions to the study of law-making process and legal system for outer space activities in the near future.

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A Study on the Changes and Recognition and Enforcement of Foreign Arbitration Awards System in China (중국 중재제도의 새로운 발전과 외국중재판정 승인 및 집행에 관한 연구)

  • Park, Kyu-Yong;Xu, Shi-Jie
    • Journal of Arbitration Studies
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    • v.25 no.2
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    • pp.49-70
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    • 2015
  • There are three categories of arbitration - domestic arbitration, foreign-related arbitration and foreign arbitration. Although the meaning of foreign arbitration and International Commercial Arbitration is different, they are used to mean the same in practice. In fact, there is significant controversy about the meaning of non-domestic arbitration because it is too difficult to distinguish between non-domestic arbitration and domestic arbitration. In the Chinese arbitration system, there are two main laws,Chinese Arbitration Law and Chinese Civil Procedure Law. Chinese Arbitration Law regulates the internal matters, while Chinese Civil Procedure Law regulates the external legal regulations. After the 2012 revised Chinese Civil Procedure Law, a number of laws and regulations have been revised, and almost every Arbitrations Rules have been revised, and will be in effect in 2015. Depending on the nationality of arbitration, the applicable laws will be different. The nationality of arbitration is so important that this paper will pay more attention to it. Although the case in China has no precedent effect, it is so important to the parties that this paper will address it. This paper will analyze the process and the cases of the recognition and enforcement of the award system in China.

A Study on Influence of Korea-EU FTA Ratification upon Legal Service and Forensic Investigation (한-EU FTA 비준에 따르는 법률서비스가 포렌식 수사에 미치는 영향 연구)

  • Lee, Gyu-An
    • The Journal of the Korea institute of electronic communication sciences
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    • v.6 no.5
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    • pp.683-688
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    • 2011
  • Korea-EU FTA, which came to an agreement in April of 2007, was resolved at the National Assembly in May of 2011, thereby having been concluded the ratification. As for the procedure of opening a market in legal service according to settlement and ratification of Korea-EU FTA, Step 1 is allowed the establishment of representative office(law firm with foreign-law consultation) at home by EU member countries' law firms. Step 2 is made available for law firm with foreign-law consultation to jointly handle and distribute profits as for a case that is mixed the domestic law firm and the domestic & foreign laws. Step 3 is allowed EU member countries' law firm to establish a joint venture with domestic law firm. This study researches into a change and influence upon legal service and forensic investigation according to Korea-EU FTA ratification. Also, it researches into position and prospect that digital forensic evidence, which possesses the majority of legal evidences, takes up in the middle of court-oriented trials. The prediction of influence in digital evidence as professional proof upon judgment will led to being capable of coping with the opening of legal service market and of wisely preparing for the advance to domestic market by law firm of Anglo-American Law.

Design Criteria in Barrier Free Housing (장애물 없는 주택 설계기준에 관한 연구 - 국내 공동주택의 무장애(barrier free) 설계수준 평가를 중심으로 -)

  • Kim, Sang-Woon;Park, Kwani-Jae;Kang, Byoung-Keun
    • Journal of The Korea Institute of Healthcare Architecture
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    • v.10 no.2
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    • pp.107-115
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    • 2004
  • In this paper, the all units of residential housing that is not legislated in facility development law are analyzed and foreign design criteria that is related to barrier-free unit housing is comparing to domestic. Through the comparison in front door, living room, bathroom, bedroom, and kitchen, this paper aims to suggest internal barrier-free design criteria. This paper is limited to internal housing which are front door, living room, bedroom, bathroom, and kitchen. Also, the objectives of facility development law are U.S, Japan, German, and in case of U.S, UFAS is established by ADA, in Japan, Heart Building law and detail standard drawing are used, in German, DIN is used. The objective of domestic case study is the latest residential housings that are built over 2003. The flow of study is as follows ; First, the internal items of residential housing are abstracted, and each item is checked in facility development law that is legislated in. Next, through comparison of domestic and foreign facility development law related to housing, common items are abstracted and detail standards are defined. Domestic residential housings are analyzed in those standards. Finally, the problems that is the result of analysis are analyzed and the barrier free design criteria is abstracted in unit housing. Also, more developed items and future study are suggested.

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Study concerning the Scope of the Interpretation of Like Product and Domestic Industry in USITC's Antidumping Injury Determination (USITC의 반덤핑 피해판정에서의 동종상품과 국내산업의 해석범위에 관한 연구)

  • Ha, Choong-Lyong;Han, Na-Hee
    • International Commerce and Information Review
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    • v.9 no.4
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    • pp.159-175
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    • 2007
  • Under U.S. Antidumping law, dumping occurs when 'subject merchandise' is imported into the United States and sold at less than 'fair value'. The administration of U.S. antidumping law is shared between the U.S. Department of Commerce(USDOC) and the U.S. International Trade Commission(USITC). USDOC's task is to determine whether imports are being dumped, and if so, to estimate the margin of dumping. In determining whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of the subject imports, the USITC must first define the 'like product' and the 'domestic industry'. One of the crucial factors on antidumping measures is the interpretation's scope of the 'like product' and the 'domestic industry', leading the most controversial issues in U.S. antidumping law. The primary purpose of this paper is to examine the 'domestic industry' and 'like product' considering U.S. antidumping law. Most USITC's determinations regarding like product and industry as flexible conception have been supported by the U.S. Courts.

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Livestock price change after anti-corruption law using VAR

  • Jeon, Sang Gon;Ha, Su Ahn;Lee, Kyun Sik
    • Korean Journal of Agricultural Science
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    • v.45 no.1
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    • pp.128-136
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    • 2018
  • The Anti-corruption Law has been enforced since Sep. 28, 2016 to prevent public servants from colluding with people for political favors and financial gain by giving bribes to public servants. Generally, most people in Korea think that the law has had a positive effect on society. Under this law, people believe that our society has become more transparent. However, domestic producers think the law has had negative effects on the Korean livestock industry. Statistics from the domestic livestock industry show that the Hanwoo price has dropped after the law was enforced. This study attempts to show how livestock prices in the Korean livestock industry have changed after the enactment of the law. We chose three important livestock industries, Hanwoo, pork, and chicken, to determine and compare the effects of the law on them. For the analysis, we used a time-series model, VAR, to incorporate the interactions of the three industries. We selected the average wholesale prices of these industries. Daily prices during the last 5 years were used to estimate and forecast the impacts of the law. The results show that the price of Hanwoo decreased after the enforcement of the law; however, the other livestock prices did not decrease. Additionally, we clearly saw this negative effect on the Hanwoo industry during the high demand season and New Year's Day (solar and lunar together).

A Case Study on imposing anti-dumping duty against Chinese Ceramic Tile (중국산 도자기질 타일 반덤핑관세부과 사례에 관한 연구)

  • Kim, Hee-Kil
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.42
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    • pp.337-364
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    • 2009
  • Trade remedy is the system that additional duty or import quantity restriction would be imposed on the import products, in case that unfair imports damage domestic industry or even proper import products damage significantly domestic industry. The system is secured by the act of unfair trade practice investigation & industrial damage remedy, tariff act, WTO agreement. Anti-dumping duty act is the system that duties are assessed with the equal or less amount of the difference between normal transaction price and dumping price, in case that the product imported under dumping price causes or may cause damages in domestic industry, or the development of domestic industry should be delayed practically. Recently, the problems related with anti-dumping duty imposed as the part of the trade remedy occur frequently. It is necessary to discuss whether the anti-dumping duty act is practically trade remedy which does comply with GATT regulations and WTO agreements as the criteria of international law and is in line with the intent of domestic act in the suffered country, or it does return to protective trade or reduce the protection of consumer. On the basis of this discussion, it would be difficult to impose the antidumping duty on industrial products in order to protect domestic industry, when considering the expected free trade agreements of Korea-US, Korea-China and Korea-Japan. In order to survive under the current severe competition of world trade market, companies should raise the competitiveness by themselves without relying on the current trade acts to provide with a certain protection. This thesis should bring those attentions.

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