• Title/Summary/Keyword: domestic law

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Analysis of Initial Cost by Law Standards Alteration of Domestic Windows (국내 창호의 법적기준 변화에 따른 초기투자비 검토)

  • Jin, Su-Hwuy;Kim, Sam-Uel;Park, Yul
    • 한국태양에너지학회:학술대회논문집
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    • 2011.11a
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    • pp.111-114
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    • 2011
  • Building components such as walls and windows causes the loss of many energy. The current of windows are using by the law standards that have been every reinforce the year from 2008. As the more reinforcement of legal standards, benefits of energy is possible to raising, But it is must to considered LCC and connectivity. In this study, the alteration for Law Standards is examining influence for initial cost. Accordingly, We are searches by using to windows products in domestic office building which choosing to window types in Law Standards, we are analyzed for initial cost of building out of the apartment.

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A Study on the Efficiency of Trade Arbitration by the New Arbitration Law of Korea (무역중재의 특성과 개정중재법의 효율성에 관한 고찰)

  • Chung, Ki-Ihn
    • Journal of Arbitration Studies
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    • v.16 no.1
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    • pp.3-44
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    • 2006
  • Arbitration, which involves a final determination of disputes, has elements of the judicial process. Although an alternative to formal court litigation, it does not replace it in all aspect, but rather coexists with court procedure as an adjunct and part of administering justice. As the international trade has the basic problems of business managed between the parties of other countries having different laws, customs, cultures, currencies and religions. It has been known that these defects caused the commercial disputes and suspended economic fluence in world economic development through the foreign business. The United Nations launched 'the United Nations Convention on the Enforcement and Recognition of the Foreign Arbitral Awards' in 1958 to give effect to the international commercial arbitration. However, the convention has the limitation in excluding the legal obstacles originated from domestic arbitration systems of every states. As the result, the UN succeeded in making world wide arbitration law named 'The UN Model Law on International Commercial Arbitration' in 1983 and recommended all member countries to accept it to revise their domestic arbitration laws thereafter. Korea revised national arbitration law accepting 100% of the model law in 2000. In this respect korea became to have the international dispute settlement system. Korea will be able to settle more business disputes arisen from the international trade and enjoy the world credibility through the new arbitration system.

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A Study on the Legal Issues on Chinese Security Law (중국의 독립보증에 관한 법률문제연구)

  • SONG, Soo-Ryun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.71
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    • pp.85-105
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    • 2016
  • Independent guarantee is new financial product developed in international commercial transaction. The nature of independent guarantee is an independent undertaking, which takes the form of documentary transaction. As long as the documents presented by the beneficiary are on their face complying with the terms and conditions of the guarantee, the guarantor is obliged to pay upon the complying presentation. Where parties choose to apply for issue of independent guarantee in international commercial transactions in China, Chinese court shall respect the autonomy of parties. If either the guarantor or the beneficiary is located outside of China, or the facts which cause the establishment, change or cancellation of independent guarantee relationship occurred outside of China, it shall be deemed as foreign related independent guarantee. If the interested parties requests for confirmation of the independence of foreign related independent guarantee, it shall be supported by Chinese court. However, parties dealing with Chinese domestic commercial transaction have not fully realized the severity of independent guarantee liability. The market credit is being cultivated and the financial innovation is being explored at present in China. In order to guard against the systematic and the regional financial risk, before relevant rules are promulgated, Chinese court shall not recognize the independence guarantees issued for the domestic commercial transaction, but treat it as joint liability surety.

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韓-歐FTA中与ILO相關條款紛爭及對中國的啓示

  • Go, Cheon-Cheon;Mun, Cheol-Ju
    • 중국학논총
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    • no.72
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    • pp.101-122
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    • 2021
  • Over the past 20 years, labor standards have been widely used in free trade agreements. The U.S., the European Union and China have all aggressively signed free trade agreements with their trading partners, developing different styles on labor standards. According to the study, the implementation of the KOREa-EU FREE trade agreement has been hampered by ongoing disputes over the terms of the FREE trade agreement and the ILO since the korea-EU free trade agreement was signed. Because in order to break this deadlock, relevant scholars have done a lot of research, but mainly focused on the economic and trade field. Therefore, this paper for the first time systematically studies the substantive focus of disputes over FTA and ILO clauses, and carefully analyzes the domestic law amended by South Korea, and provides suggestions and inspirations for China by drawing lessons from the revision model of South Korea's domestic law. This is from a newperspective: the essence of the korea-EU FTA and ILO disputes is the conflict between international law and domestic law, and the conflict between free trade agreements and human rights protection. It holds that the essence of disputes should be sorted out from the perspective of legal principles and human rights protection, and the free trade and human rights protection should be actively coordinated. In order to make China more actively integrate into the international economy, China should adopt a positive attitude to revise and perfect its own laws, so as to realize the purpose of common development of international trade and human rights protection.

Legal Sources of Fraud Rule and It's Standard in Documentary Credit (화환신용장에서 사기배제법칙의 법원과 표준)

  • Oh, Won-Suk;Kim, Jae-Seong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.21
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    • pp.99-127
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    • 2003
  • Legal sources of fraud rule in documentary letter of credit, which have their origin in Sztejn Case can be traced to various rules or laws of international or domestic level ; URCG, URDG and ISP98 as ICC Rules, and UNCITRAL Convention as an international uniform law, and UCC as a domestic law and U.K. cases. Among them the combination of "material fraud" in UCC ${\S}5-109$ and the detailed list of the types of misconduct in UNCITRAL Convention may provide the best solution or standard in real application of the fraud rule in letter of credit transaction.

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A Study Countermeasures Method of Domestic Small and Medium Enterprise According to Product Liability Law (PL(제조물책임법)시행에 따른 국내 중소기업 대응 방안에 관한 연구)

  • 박주식;성호경;강경식
    • Journal of the Korea Safety Management & Science
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    • v.4 no.1
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    • pp.81-92
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    • 2002
  • The modern society is changed into mass production, complicated circulation society and mass consuming society because of the development of the fast science technology since the occurrence of the industrial revolution. Also, the human life style is changed into the abundant consumption society because of the appearance of the various products. The society change like the above provide comfortable life to us. but We are facing with danger for the bad food, illegal medicines and bad products. So, To solve the danger like the above, The Product Reliability Law be made. The both The enterprise and consumer need The Product Reliability Law to protect one's own interest. The consumer is claiming to use the product of safety of the resonable price and good quality in modern society, So, 1 studied on countermeasures of domestic enterprise to increase the competitive power of the enterprise according to Product Reliability Law

Domestic Law and Legal Countermeasures for Ground Excavation related Accidents (지반굴착분야에서의 사고발생시 법률적 대응방안)

  • Lee, Sang-Ho;La, Seung-Min
    • Proceedings of the Korean Geotechical Society Conference
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    • 2009.09a
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    • pp.671-676
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    • 2009
  • Accidents during ground excavation and temporary or permanent structure construction have always occurred regardless of how much technology improved. Many causes can be derived from various cases and technical revision has always been a matter of interest to the geotechnicians. But the legal procedures that follow the construction accidents have scarcely been studied by the geotechnical society even though it influences most on the everyday lives of the parties of interest. In this respect, this paper describes the current judicial system, law and legal practices for ground excavation related accidents along with several case studies on judicial precedents and presents methods that should be taken to improve the current judicial system.

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Proposal of Legislation of Smoke Compartment for Prevention and Control of Smoke Diffusion in Buildings (건축물의 연기확산 방지 및 제어를 위한 방연구획의 법제화 제안)

  • Kwon, Young-Jin;Jin, Seung-Hyeon;Kim, Hye-Won
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2019.11a
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    • pp.96-97
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    • 2019
  • According to building law, there are only regulations on the fire prevention compartments that can perform the function of partial smoke compartment, but the building law management of the smoke compartment for effective smoke diffusion prevention and control is not possible. The lack of control on the smoke compartment such as leakage rate on the penetrating part, and the lack of leakage rate in the design of smoke control of fire safety law resulted in the absence of fundamental safety technology. Therefore, this study seeks to find solutions to domestic problems after reviewing relevant domestic laws and regulations.

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The Legislation of the Part VI (the Carriage by Air) of the Korean Commercial Code (국내 항공운송법 제정안에 관한 고찰)

  • Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.3-29
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    • 2008
  • The volume of air passengers and cargo transportation has increased rapidly in recent years. This trend will be even more noticeable as the high-tech service industry expands and the globalization progresses. In an effort to reflect and to cope with this trend, many conventions concerning international air transportation have been concluded. The Republic of Korea has also acceded to the Montreal Convention of 1999 on September 20th, 2007 which became effective on December 29th 2007. However, Korea currently does not provide any private law on the liability of domestic air carrier, leaving the regulation wholly to the general conditions of carriage of private air lines. These general conditions of carriage, however, are not sufficient to regulate the liabilities of domestic air carriers, because they cannot be fully recognized as a legitimate source of law applicable in the court. This situation is inconvenient for both air carrier and their customers. Thus, the Ministry of Justice of Korea has decided to enact a law that will regulate domestic air transportation, namely, "Domestic Carriage by Air Act", as a part of the Korean Commercial Code. So was composed a special committee for legislation of the Domestic Carriage by Air Act. This writer has led the committee as a chairman. The committee has held in total 10 meetings so far and has completed a draft bill for the part VI of the Korean Commercial Code, "Air Carriage." The essentials of the draft are as follows: First, the establishment of Part VI in the Commercial Code. The Korean Commercial Code already includes a series of provisions on road transportation in part II and carriage by sea in part V. In addition to these rules regulating different types of transportation, the Domestic Carriage by Air Act will newly establish part VI to regulate air carriages. Eventually, the Commercial Code will provide an integrated legal system on the transportation industry. Second, the acceptance of the basic liability system which major international conventions, such as Montreal Convention of 1999 and Guadalajara Convention of 1961, have adopted. This is very important, because the law of air carriage is unified worldwide through various international conventions, making it necessary and significant for the new act to achieve conformity between rules of international air carriage and that of domestic air carriage. Third, the acceptance of Rome Convention system on damage caused by foreign aircraft to third parties on the surface. Fourth, the application of rules on domestic road carriage or carriage by sea mutatis mutandis with necessary modifications. This very point is the merit of inserting domestic air transportation law into the Commercial Code. By doing so, the number of articles can be reduced and the rules on air carriage can conform to that of road transportation and carriage by sea. The bill is expected to be passed by the parliament at the end of this year and is expected to be effective by end of July 2009.

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