• 제목/요약/키워드: domestic law

검색결과 878건 처리시간 0.022초

Unlimited Liability

  • Mckay, John S.
    • 항공우주정책ㆍ법학회지
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    • 제6권
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    • pp.137-147
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    • 1994
  • Clearly there are many legal arguments and criticisms surrounding the proposals for change in the Warsaw Convention and the need for a radical review. The question remains is unlimited liability the answer or should there be some other form of supplemental compensation and if so, what limits should be applicable. It does seem that the adopted limits of the Convention are seen by many as the first line of defence, which, dependent on political and cultural differences, the legal interpretation of contractual wording and the legal system globally have resulted in enormous differences in compensation paid whether or not the Convention limits were imposed. An example of this is in the United States, which highlights the significance of the problem in that domestic travellers without Convention Limits can, through the American legal system, obtain compensation in the multi-million dollar area for a death claim, whereas a passenger t1ying internationally would in the first instance be subject to Convention Limits. expensive legal action through litigation. To date, we can advise that insurers have not charged additional premium for unlimited liability coverage. Insurance rates as we have stated are hardening considerably. To date, average rate increases have been plus 56% for aircraft hull and plus 45% for liabilities. Insurers last year suffered global losses of around US $ 1.1 Billion against a premium income of US $ 800,000. The target premium income for 1993 is believed to be in the region of US $1.4 Billion.

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건설공사 품질관리비 신출기준 개선방안 (Improved Estimating Guideline for Quality Management Cost)

  • 김균태;안방률;박형근;김경주
    • 한국건설관리학회논문집
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    • 제3권3호
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    • pp.75-83
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    • 2002
  • 1997년 건설교통부는 건설기술관리법 개정을 통해 국내 품질관리체계를 정립하였다. 개정된 법제도하에서는 발주자가 건설공사비에 품질관리비용을 계상하여야 한다. 그러나 국내 법제도 및 관련규정들 간에 품질관리원의 역할 책임 등에 다소 차이가 있어 비용계상의 대상업무 범위가 불분명한 실정이며, 이로 인하여 규정된 업무를 수행하기 위한 비용 계상에도 어려움이 있다. 이러한 어려움을 해결하기 위하여 본 연구에서는 국내법에서 요구하고 있는 품질관리원의 역할을 해석하고, 이러한 해석을 바탕으로 품질관리비 산출기준(안)을 제시하였다.

재난관리 국제표준 개발에 대한 인증의 효율적인 대응 방안에 관한 연구 - ISO 22301과 경감법의 우수기업인증제도를 중심으로 - (A Study on an Effective Countermeasure for Certification of Development of Disaster Management International Standards - Focus on ISO 22301 and Top Company Certification System in the Reduction Law -)

  • 정종수
    • 한국방재안전학회논문집
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    • 제5권1호
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    • pp.49-56
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    • 2012
  • BCM(BCP) 관련 재난관리 국제표준(ISO22301)이 5월 제정되어 금년 말에 국가표준(KS A ISO22301)으로 제정될 예정이다. 따라서 해외 각국 및 국내에 진출한 국외 인증기업들의 인증사업이 활성화 되고 기업간 통상 시 표준준수 요구 등의 무역장벽이 예상되어 이에 대한 우리 기업들의 대응 방안을 모색 하고자 한다. 또한 경감법에서의 우수기업인증제도의 활성화 방안을 도출하고자 한다.

철근콘크리트 구조물의 염해에 의한 사용수명 예측에 관한 연구 (A Study on the Service Life Prediction of Reinforced Concrete Structures with Chloride Penetration)

  • 김동백;권기준;박병욱
    • 한국안전학회지
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    • 제20권2호
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    • pp.113-118
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    • 2005
  • Recently, the corrosion of reinforced concrete structures has received great attention related with the deterioration of sea-side structures, such as new airport, bridges, and nuclear power plants. In this regards, many studies have been done on the chloride attack in concrete structures. The purpose of the present study is to explore the influences of chloride attack parameters to service life of reinforced concrete structures and to propose the rational program for the guarantee of service life. for this purpose, several codes for durability design have been examined and the diffusion analysis based on Fick's second law has been performed with various parameter value. The present study indicates that durability design code of Japan Society of Civil Engineers is more rational than other codes but the application of durability design code of JSCE to domestic durability design needs more studies to the various parameter values related with chloride penetration.

대외무역법 원산지표시제도 쟁점사항 개선방안 (A Study on the Improvement of the Origin Marks Issues in the Korea Foreign Trade Act)

  • 박광서
    • 무역상무연구
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    • 제57권
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    • pp.221-241
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    • 2013
  • Country of origin is very important in terms of consumers right to know, protection of producer, national finance and tariff preference etc. The principal issues related to country of origin are breaches of origin mark, determination of origin of OEM products, domestic products using imported raw materials, exports products, and fairness of penalties. This study focus origin mark issues on key components and set products which have not been treated so far. First, Origin mark issues on key components need to introduce multiple countries of origin for the same products. Some specific products, which are considered important key components or materials, has to mark multiple country of origin in terms of portion and significance. Next, Origin mark issues on set products need to expand the objects from 15 listed items of Korea Foreign Trade Act to all items of HS tariff schedules of Korea Customs Act. A set products which below 15% of components can mark single country of origin like FTA agreement such as Korea-EU FTA, Korea-EFTA, Korea-US FTA and Korea-Peru FTA.

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화학사고시 토양오염 사전관리제도 도입을 위한 국내외 제도 분석 및 시사점 (A Study on the Introduction of Pre-management System to Prevent Soil Contamination by Chemical Accident)

  • 유근제;양지훈;황상일
    • 한국지하수토양환경학회지:지하수토양환경
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    • 제21권4호
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    • pp.20-29
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    • 2016
  • Although a number of chemical accidents have been occurred in South Korea, the effective prevention act for soil contamination has not been established so far. To effectively protect soil contamination from chemical accidents, decision support laws and regulations are absolutely essential. Regarding this situation, this study was aimed at diagnosing problems in current chemical safety management and prevention and response system against chemical accidents through analyzing the domestic and foreign causes of chemical accidents and the accident response procedures and finally suggesting policy measures for solving those problems. In order to clarify management of soil contamination by chemical accident, this study suggests the establishment of chemical accident preparedness, response, and making of local chemical management law and policy. This law needs to be supported by a clear management framework to guide government officials and all other stakeholders in the management of soil contamination by chemical accident.

전자무역(電子貿易)에서 제도상(制度上) 인증(認證)시스템의 문제점(問題點)에 관한 고찰(考察) (A Study on Problems of Certification System in International Electronic Commerce)

  • 오현석
    • 무역상무연구
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    • 제23권
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    • pp.291-320
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    • 2004
  • Electronic transaction using electronic documents be carried without direct person to person meeting, there is the possibility to use other's identity illegally without notice and to verity authenticity of transaction. It is very hard to find out that the electronic documents on the process of submitting is forged documents or not and also has much difficulty in maintaining transmitting secret. Therefore, to solve such problems on electronic transactions, certification system with cryptography skill are inevitably necessary. Also there is needed legal base in the electronic document as functional equivalent of the paper document. Recently there are so many commercial certification service provider(CPS) such as Identrus, Bolero, TEDI but their establishment of CPS, certification process, guideline and so on are different each CPS. Therefore, this kind of situation can make user confuse. To introduce and develop the electronic certification in the international electronic commerce not domestic electronic commerce, it need to authorize and operate certification authority under the uniform regulation base. But, because the laws and guidelines that related to electronic certification system are different among the nations and international organizations, it need to compare laws and guidelines. In conclusion, the most important thing to resolve problems surrounded certification and develope certification system in the international electronic commerce make uniform rule of international electronic certification to recognize internationally from each nation or at least, need to harmony laws and guideline in each nations.

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무역경기지수(TBI) 개발에 관한 연구 (A Study on Trade Business Index Development)

  • 박종문;오현진;홍승린
    • 무역상무연구
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    • 제50권
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    • pp.309-331
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    • 2011
  • Today, the world is considered to indispensable basic data in specific gravity of international trade is increasing in economic activity of every country with globalization, and trade connection index number analyzes an economy or part of trade that contribute to economic growth of a country along with other foreign trade statistics and evaluates along with this. Also, it is becoming one of big subject for economic policy person in charge and related economists I do how measure movement of amount, price and amount of materials in trade. But, about till now interest lack about trade index and trade index creation theoretical, it is actuality that export, import connection index number or similar research is not attained much into domestic and overseas from study tribe which is gone ahead. Moreover, study that try to judge and forecast stream of market applying trade connection index number is hard to find on study until now. And, in this research, there is the objective to figure out stream of Korean market change through trade business index creation that base on Korea Customs Administration export and the importation data and this is differences with several study, and at the same time, it is value of this study.

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URDG 하의 지급청구를 위한 제시요건과 그 일치성 기준 (A Study on the Requirements and Compliance Standard of a Presentation for Demand for Payment under URDG)

  • 채진익
    • 무역상무연구
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    • 제50권
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    • pp.109-136
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    • 2011
  • Bank Guarantee system is commonly used as useful financial instruments to support various overseas and domestic business activities by providing bank guarantees. Therefore, it will be able to develop as a useful socio-economic useful system. However, some procedural problem can arise from the processes under demands for payment. Therefore, it is very important to review the requirements of the demand for payment and compliance standard for the examination of a presentation under the guarantee system. It is necessary to examine main issues under the revised URDG 758. The URDG introduced the same examination principle of "need not be identical to, but shall not conflict with' as that of UCP 600. The main changes of the URDG 758 like this imply the mitigation of the compliance standard for examination. So, This paper is to provide a comparative study of the regulations and laws for the examination standard and propose their implications and practical notes under bank guarantee system. For this purpose, this study will be examined the practical and legal issues focusing on the relative regulations of the revision URDG 758. It will also be reviewed and compared with the URDG, ISP98, UCP 600 and so on.

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보증신용장통일규칙과 청구보증통일규칙 비교분석 (A Comparative Analysis regarding Difference of ISP98 and URDG758)

  • 박세운;한기문
    • 무역상무연구
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    • 제51권
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    • pp.263-283
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    • 2011
  • There are two typical international rules in issuing guarantee for obligations of party which is responsible to provide some duties such as services, construction, plants, loan repayment, etc. The two internationally recognized rules are currently ISP98 and URDG758. ISP98 was firstly introduced in 1998 for American banks to issue standby letter of credit domestic and overseas for the area where UCP does not cover. URDG was introduced first in 1991 in the name of URDG458 but it has not been widely used and therefore new URDG named URDG758 came out in 2010 to accommodate more standard guarantee practice. At the face of these two prevailing international rules, the users are sometimes confused which rule would be more suitable for their individual transaction. This led us to conduct a comparative analysis on these two rules. Our study suggests that URDG758 is more adequate for construction, ship-building and plants-supply obligations whilst ISP98 is for financial obligations. Also attentions are required when issues such as counter guarantee, governing rule, presentation period, document examination period and default statement exist. This is because ISP98 and URDG758 have different view points.

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