• International Commerce and Information Review
• /
• v.9 no.2
• /
• pp.351-371
• /
• 2007

This study article is a study on the rules of origin review and rules of origin judgement. and The purpose of this article shall be studies to korea foreign law and Korea American FTA in origin country regulation. this article are two most important elements in determining market access in a FTA. that is the coverage of tariff elimination and rules of origin. The rule of origin in a FTA greatly influences the creation of economic profit and distribution. Therefor, The Result of the article is review to protection of domestic customers and domestic industries in rules of origin. This study contributes to a understanding of judgement of rules of origin and extend level of generalization of exchange law, WTO, FTA Regulations by review interaction relation.

• Proceedings of the Korean Institute of IIIuminating and Electrical Installation Engineers Conference
• /
• 2008.10a
• /
• pp.359-362
• /
• 2008

Middle domestic the occurrence size which stews recently from the Korean Peninsula circumference country is augmenting on a large scale about earthquake about safe countermeasure part from the existing Natural Countermeasure Law 2008. Refers with the Earthquake Disaster Countermeasure Law to be new standard contents establishment by law and strengthened in March. Consequently the research is propelled about electric equipment earthquake-proof plan and countermeasure. The present paper investigated an equipment by domestic facility present condition about the change disappointment electric equipment which can supply all the member in the building an investigation analysis about problem point and improvement fact. Also about overseas electric equipment investigated about earthquake-proof plan relation system and facility present condition. Investigated the electric equipment earthquake-proof plan pertinent data which is advanced from like this existing nation and the equipment and application direction must apply to domestic presented. With character presents following the guide about electric equipment earthquake-proof plan becomes feed with the fact that will be able to use.

• The Korean Journal of Air & Space Law and Policy
• /
• v.21 no.1
• /
• pp.191-214
• /
• 2006

The right to the spectrum frequency and orbit is required for the broadcasting by satellite, whether the broadcaster might be given any license or authorization for the broadcasting. The reason is that the ITU Convention and Radio Regulation provide very specific and detailed rules regarding the utilization of the frequency spectrum and orbit. Outstanding issue arises as to the implementation process of the rules of international character. Domestic implementation of the Radio Regulation, in the way of letter to letter should be discouraged when the competitiveness of domestic industry vis-a-vis foreign competitor is taken into account.

• Journal of Arbitration Studies
• /
• v.19 no.1
• /
• pp.147-169
• /
• 2009

This paper deals with disputes incurred from the CISG provisions in relation with the conformity of goods with a view to finding the general way of approach made by the court and arbitration tribunal in the case laws for the interpretation of CISG based on 6(six) cases thereon. Throughout this study, it has been noted that the German Supreme Court devoted most in creating the general principle of CISG interpretation in relation with national compulsory law of regulation applicable on the conformity of goods. It was New Zealand mussels case in which the German supreme court decided that the exporting country's compulsory law of regulation would be applied in determining the conformity of goods. Furthermore, German supreme court added that CISG does not place an obligation on the exporter to supply goods, which conform to all statutory or other public provisions in force in the import state unless the same provisions exist in the export State as well, or the importer informed the exporter about such provisions existing in the import state, or the exporter had knowledge of the provisions due to special circumstances. It is stipulated in CISG that the goods conform with contract if they are fit for the purpose for which goods of the same description would ordinarily be used. When questions arise concerning matters governed by the CISG that are not expressly defined in the CISG, the question is to be settled in conformity with general principles on which the convention is based. Only when such a general principle cannot be found may the tribunal turn to other sources such as UNIDROIT Principles, Principles of European Contract Law and Lex Mercatoria, etc. Interpretation of CISG should be autonomous, in the sense that it should not depend on principles and concepts derived from any national legal system. Even where a CISG rule is directly inspired by domestic law, the court should not fall back on its domestic law, but interpret the rule by reference to the CISG with a view to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.4 no.2
• /
• pp.53-62
• /
• 1998

International Maritime Organizatin(IMO) has been chosen some of agreements for regulating the international stability criteria of fishing vessels and recommended that each goverment adopts theirs into the domestic law. As a result, 77/93 Fishing Safety Agreement was ratified. Among the above agreement, contents of stability was not only applied to domestic law, but also strenghten considerably compared with existing stability criteria. And even if the calculation guide of stability with recommendations was regualted, Analysis of stability on domestic fishing vessels never have been used according to such a caculation method. Moreover, the caculation of stability criteria caused by strong wind, rolling effect and deck inflow was not considered in the existing basic design program. Therefore, the development of stability criteria program available for such a caculation has been of vital impotance. This research has developed a stability criteria program under 77/93 Fishing Safety Agreement. Also through development of stability criteria program, the stability performance of fishing vessel with 69ton stow-nesting was evaluated.

• Journal of Aerospace System Engineering
• /
• v.5 no.1
• /
• pp.24-29
• /
• 2011

The industry related to commercial space transport is growing rapidly as a futurity industry all over the world and America is leading them. If this trend continues, domestic individuals or private enterprises may plan for the commercial space transport business by adopting the advanced technology. Therefore it is necessary to make a law to control the business in our country for the industrial development and the growth related to commercial space transport. This paper provides outline for domestic commercial space transport law by the study and analysis of U.S. commercial space transport laws.

• The Korean Society of Law and Medicine
• /
• v.25 no.1
• /
• pp.117-148
• /
• 2024

This study attempted to examine the ambiguity of work from the legal, social perspective, and actual performance differences in domestic nursing work compared to foreign countries. We compared the historical background of nurses' expanded work through overseas situations, compare and analyze the legal basis for nurses' qualifications and work in each country, and what changes they have undergone to clarify their work. Through this, we would like to consider the current status of the absence of a legal basis for professional work of domestic nurses and seek a direction for the development of domestic medical care. This study applied the case study method as one of the comparative institutional research methods. Among OECD countries, developed countries such as the United States, Australia, and Japan were selected and compared among developed countries that are solving medical gaps using nurses. In the United States, Australia, Japan, and Korea, nurses' professional work has been created by changes in the medical environment due to an aging society, chronic diseases, and lack of doctors. We looked at the start of their professional work, the establishment of legal grounds, the timing of qualification recognition, the development of the credential system and scope of work. Foreign countries have legal grounds for their roles and tasks, but domestic countries are before legislation. The country still has not narrowed the gap between the position of the legislative and judicial branches and actual work, and the current status of the domestic healthcare system has been measured through overseas development cases.

• Journal of Arbitration Studies
• /
• v.25 no.2
• /
• pp.97-118
• /
• 2015

As China has quickly emerged as a global economic power, the total number of international commercial disputes arbitrated by Chinese arbitral institutions has increased dramatically. Along with this, the annulment procedure of arbitral awards in China have been newly brought to the fore. In accordance with the historical background and the demand of the times, the Chinese annulment procedure of arbitral awards reveals distinctive Chinese features. Although it was enacted in the face ofof an unwarranted prejudice against the dispute settlement system by arbitration as well as a deep mistrust of domestic arbitral institutions, the annulment procedure of arbitral awards showed a certain degree of justification and rationality in its initial stages of legislation. However, it is also the case that it has not adapted well to new domestic or foreign arbitration circumstances in the last twenty years. At present, there is a keen interest in revisions to and debates on arbitration law of China. It is necessary to take an active part in the amendment discussion and process of arbitration law. Moreover, we need to reform the annulment procedure of arbitral awards in order to meet the global trend of arbitration law.

• Korea Trade Review
• /
• v.47 no.6
• /
• pp.39-53
• /
• 2022

This study conducted a conformity review of Korean shipping industry policy and suggested that the Korean five-year shipping reconstruction policy has not violated the WTO (World Trade Organization) trade law agreement yet. In order to investigate the latest Korean shipping policy, domestic and foreign reports were reviewed, and after that, the WTO's published data and domestic and foreign journals were analyzed. Through this process, this study tried to review the conformity of trade laws by major Korean shipping policies. The shipping industry is a representative service industry, and subsidies for this are not subject to WTO-level regulation in principle. The purpose of Korean shipping industry policy is to support the shipping industry, a type of service industry, and even if the ship-building and manufacturing industries (shipper) indirectly spread benefits in the process, this is unintentional or private-level support. That is, this study concluded that It is understood that Korea's five-year shipping reconstruction policy does not violate the WTO trade law agreement.

• Journal of Arbitration Studies
• /
• v.9 no.1
• /
• pp.161-182
• /
• 1999

The purpose of this paper is to examine the applicability of the UNIDROIT Principle in international commercial arbitration. For this purpose, I have studies the basic two characters of this Principles: One is of general rule(principle); Another is of international and commercial character. According to CISG, questions concerning matters governed by the CISG which are not expressly settled in it are to be settled in conformity with the general principles, so this Principles will cover many questions which are not expressly settled in the applicable law, by gap-filing, analogy or usage. In the preamble of this Principles, there are five cases in which the Principles shall be applied or may be applied. If the disputes are submitted to the any national court, the application of this Principles would be restricted because of the mandatory rules of national, international or supranational origin. But the disputes are submitted to arbitration, the arbitrator would have more discretional powers to apply the Principles than the judge. The reason is that in the arbitration, the arbitrators do not bear obligation to act in conformity with the law applicable by virtue of the rules of rules of private international law. I also examined the applicability of the Principles in cases which there are no mentions in preamble: When the international arbitrators choose the Principles; When the arbitrators decide ex aequo et bono; When the both parties have not chosen the governing law; When there are gaps in domestic law chosen by the parties; When the applicable domestic law is insufficient. In all these cases, the Principles may be applied more easily and conveniently in arbitration than in litigation. Thus to envisage the application of this Principle in international arbitration, first both parties in international commercial contracts should incorporate this Principle as a governing law in their contracts, and second, the arbitrators should try to apply this Principles in their arbitrations by choice, analogy, general principles or usage.