• 제목/요약/키워드: domestic law

검색결과 880건 처리시간 0.025초

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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재난안전드론 도입을 위한 법규 및 성능기준 기초연구 (Related Laws and Performance Criteria for Public Service Drones for Disaster Safety)

  • 김노준;이성은;김황진
    • 한국안전학회지
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    • 제31권4호
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    • pp.150-155
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    • 2016
  • This study is to suggest legislation and criteria for public service drones for disaster safety in order to enhance the research and development of the drones by helping setting right direction of the R&D. Many foreign governments are now conducting research and development on using drones as public service for disaster safety. Although there are also some efforts to using drones for public service in Korea, domestic laws and performance criteria for the drones for the purpose have not prepared yet. To set a right direction of the R&D, the laws and criteria shall be legislated and established immediately and then we can enhance the efforts to develop related technology for the drone. So this study proposed a performance criteria to fit various circumstances and situations by analyzing the aviation law in overseas. We hope this study can help R&D on the public service drones for disaster safety.

중국 반덤핑법제상의 문제점과 해결방안 (The Problems and Solutions in the Laws and Regulations regarding Anti-Dumping in China)

  • 최석범
    • 통상정보연구
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    • 제12권3호
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    • pp.361-387
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    • 2010
  • China has been the number one target of anti-dumping cases. In the middle of 1990s, China began to make anti-dumping rules to protect its domestic markets. The first anti-dumping regulation was mentioned in 1994 and the anti-dumping and anti-subsidy regulation was published in 1997. In 2001, China entered into the WTO and as a member of WTO, China is obliged to revise its anti-dumping rules in accordance with WTO's requirements. After that China amended anti-dumping rules in 2004 and it is still valid. Even though China makes considerable efforts to make the rules to be consistent with WTO Rules, China is still facing various difficulties such as lack of transparency, absence of definite deadlines, mismatch between rules, lack of clear interest criteria, overly hard questionnaires and inadequacy of judicial review and non-market economy. This paper deals with the current situation of anti-dumping system in China and the scheme of antidumping law and regulations and the main contents of that law and regulations. The purpose of this paper is to contribute to the enhancement of China's anti-dumping rules by studying the problems and solutions of the anti-dumping rules in China.

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추진제 급 과산화수소 증류를 위한 기초 연구 (Basic Study for Distillation of Rocket Grade Hydrogen Peroxide)

  • 정승미;안성용;권세진
    • 한국추진공학회:학술대회논문집
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    • 한국추진공학회 2009년도 춘계학술대회 논문집
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    • pp.67-70
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    • 2009
  • 고농도 과산화수소를 이용한 연구가 활발해짐에 따라 과산화수소의 국내 생산을 위한 증류 방법에 대한 연구가 요구된다. 증류 방법에는 증류할 물질의 공급방식과 증류 회수, 증류 압력 등의 증류 조건에 따라 여러 가지 방법이 존재하며 과산화수소 증류에는 진공증류법이 사용된다. 진공 증류는 과산화수소의 열분해와 공기 중 입자와의 반응을 줄일 수 있다. 증류 조건은 Raoult's law를 이용하여 결정하였다. 실험 장치의 낮은 진공도와 진공도의 조절이 중요한 문제로 나타났으나 진공 챔버의 교체로 진공의 누설을 막아 진공도를 높였으며, 실험 장치에 정량밸브를 설치하여 진공도를 조절하였다.

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온도 조건에 따른 추진제급 과산화수소의 진공 증류 (Vacuum Distillation of Rocket Grade Hydrogen Peroxide with Temperature)

  • 정승미;안성용;권세진
    • 한국추진공학회:학술대회논문집
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    • 한국추진공학회 2009년도 제33회 추계학술대회논문집
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    • pp.89-92
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    • 2009
  • 고농도 과산화수소를 추진제로 이용하는 연구가 활발해짐에 따라서 고농도 과산화수소의 국내 생산을 위한 과산화수소 증류에 관한 연구가 필요하게 되었다. 과산화수소의 열분해를 막기 위하여 진공 증류법을 이용하였으며, 증류 압력은 Raoult's law를 이용하여 $40^{\circ}C$ 이하에서 증류가 이루어 질 수 있도록 30 torr로 선정하였다. 실험을 위한 변수로는 증류 온도를 선정하였으며, 증류에 걸린 시간과 증류 후에 계산한 수득율을 성능 평가 대상으로 선정하였다. 실험 결과, 대체로 증류에 소요된 시간이 짧을수록 수득율이 낮으며, 리시버 내의 물의 과산화수소 농도도 더 높은 것을 확인하였다. 또한 비슷한 시간 동안 증류를 수행하였을 경우, 증류 온도가 높을수록 더 높은 농도에 도달하며, 수득율이 낮은 경향을 보였다.

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부품 및 유닛 DB를 이용한 유닛 모듈라 주택의 설계자동화 연구 (A Study on the Automatic Design of Unit Modular House Using Component and Unit DB)

  • 임석호;김수암;황은경
    • 한국주거학회논문집
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    • 제17권3호
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    • pp.41-49
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    • 2006
  • Precast concrete apartments were main stream of domestic industrialized housing around 90's, and Steel Houses applying Steel Stud technique with light weighted steel have been dominant portion since 1995. On the other hand, various building techniques including Steel Stud method and highly prefabricated and industrialized Unit method are prevailing in developed countries like Japan. Steel stud and unit box have their own merits and demerits, but the more crucial aspect is that the constant design standard should be applied in each design procedure. It entails the necessity of industrial housing development on the open system basis. In this study, the design standard for unit house will be established coping with the established preparing standard for design specifications defined by architectural law and promotion law of housing construction. That is for design standard of industrialized private housing on the open system basis. This study attempts to propose the design automation, with the method of unit construction of which the rate of pre-fabrication is the biggest, that can cope with the demand of user on the basis of open-system. Ticky-tacky is the biggest technical problem in suppling industrialization housing. Therefore, we will suggest a basic plan for design automation of unit modular housing which can raise the productivity of industrialization housing by applying open system, utilized by DB of component and unit, and solve the problem concerned about ticky-tacky.

ICSID 중재 이용을 위한 투자계약서상의 중재조항의 유효성과 추가쟁점 (A Study on the Validity and Other Issues of Arbitration Clause for ICSID Arbitration)

  • 오원석
    • 통상정보연구
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    • 제9권4호
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    • pp.141-158
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    • 2007
  • The purpose of this paper is to examine the validity or effectiveness of the Arbitration Clause such as Model Clause I, and to confirm how other issues such as arbitrable "investment", appointment of arbitrators and law governing the agreement be reflected in the agreement. However, the parties should be sure that the arbitration clause is valid if they have checked whether, for their particular situation, the ICSID Centre has jurisdiction. For the validity of the Arbitration Clause, first the host country and the country which the investor belong to must be "contracting states" to the ICSID Convention. Second, the specific consent to arbitrate must be expressed in writing in the investment contract or in a national investment law or in an investment protection treaty. The issue of "nationality" of an other contracting state is determined by the place of incorporation or the location of the head office. In case the parties have doubts about a valid consent to arbitrate, Art. 41 of the ICSID Convention provides, regarding ICSID jurisdiction, that the tribunal shall be the judge of its own competence. It follows that ICSID Arbitration has an autonomous and exclusive character. As a consequence, domestic courts may not interfere with the question of ICSID's jurisdiction, which is called as "rule of abstention".

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국내의 지열에너지 열펌프 시스템 활용현황과 활성화 방안 (Application and Revitalization Method of Domestic Geothermal Heat Pump System)

  • 박혜리;고영호;김민태;박종일
    • 대한설비공학회:학술대회논문집
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    • 대한설비공학회 2009년도 하계학술발표대회 논문집
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    • pp.922-927
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    • 2009
  • Due to the law of use of sustainable alternative energy recently legislated, many public institutions are ordered to use renewable energy. So it gets people's eyes on Geothermal energy system among other suggested renewable energy. Since there is hardly existence of a volcanic region, Geothermal heat pump system is generally used most in Korea. However, the important technology and materials are not localized and further, with only our technical skills it is arduous to popularize and develop Geothermal energy because of lack of revitalization related to the law and the regime for locally suitable Data-base. Moreover, an access of renewable energy is too much hard because of people's low interests about Geothermal energy. But fortunately, the well-studied about Geothermal heat system started to be adopted in many other provinces. Therefore, we study this with intend to popularize and develop Geothermal energy.

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국내중재판정의 강제집행에서 법원의 역할에 관한 한미간 비교 고찰 - 한국의 중재법과 미국연방중재법을 중심으로 - (A Comparative Study On the Roles of The Courts in Enforcement of Domestic Arbitral Award : Korea and The U.S.)

  • 하충룡
    • 한국중재학회지:중재연구
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    • 제15권3호
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    • pp.85-112
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    • 2005
  • The purposes of this paper are to investigate how deeply the courts in Korea and the U.S. are involved in the enforcement process of the arbitral award. The extent of judicial review of arbitral award and the procedures to execute the arbitral award were explored and compared in each of the countries. In Korea the winning party should file a suit for enforcement judgement to execute the arbitral award, while the winning party in the U.S. should file an application for motion. Such difference in the execution process between Korea and the U.S. may be led to a higher burden on the Korean winning party in the execution process due to the complexity and instability during the new litigation for enforcement judgement. In addition, the Korean Arbitration Act does not grant any authority for the court to intervene with the substantive matters in the arbitral award, while in the U.S. the Common Law allows the court to vacate the arbitral ward when the arbitral award is entered with the manifest disregard of the law by the arbitral tribunal. It would be more practical for the court to supplementarily intervene with the arbitral award which obviously hurts the legal interest of the arbitral parties.

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ODR을 통한 해외직구 분쟁해결방안 (A Study on Resolution Methods of Overseas Direct Purchase Dispute by ODR)

  • 신군재
    • 한국중재학회지:중재연구
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    • 제25권1호
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    • pp.3-23
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    • 2015
  • As the Internet rapidly emerges as a speedy and cost-effective way of purchasing goods from overseas websites, the number of disputes arising out of overseas direct purchases also increases. In such situations, a disgruntled consumer might be left without an effective remedy. Providing an alternative approach to redress such grievances might assist in resolving such disputes and in increasing consumer confidence in e-commerce. Online Dispute Resolution (ODR) will allow consumers to solve their disputes without going to court, in a quick, low-cost, and simple way. It also helps to eliminate complex jurisdictional and choice-of-law problems. On the other hand, it has many problems such as having inadequate confidentiality and security, not being able to meet the "writing" requirement for arbitration of disputes, having difficulty in enforcing online arbitration agreements, having difficulties in enforcing online decisions and so on. This article investigates relationship online disputes and ODR and suggests ways that ODR can work best in resolving disputes arising out of overseas direct purchases. To expand the ODR system in online disputes, it is very important for domestic consumers to recognize the concept and usefulness of the Alternative Dispute Resolution (ADR) and ODR systems. The Korean government must also help consumers recognize the ADR mechanisms of dispute resolution by public campaign advertisement of ADR systems. Further education of dispute resolution in higher educational institutions is also required as well as assisting the KCAB with funds and the establishment of ADR Law.