• Title/Summary/Keyword: domestic law

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"There Was No Violence, But...": Study on Coercive Control of Intimate Partner Violence and Reconceptualization of Domestic Violence ("폭력이 있었던 것은 아니지만..." : 친밀한 관계에서의 강압적 통제와 가정폭력 재개념화를 위한 연구)

  • Heo, Min-Sook
    • Issues in Feminism
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    • v.12 no.2
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    • pp.69-103
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    • 2012
  • By reviewing relatively recent theory of coercive control, which considers gender as a key concept to conceptualize domestic violence, this article explores battered women's experiences with police responses and institutional law enforcement. Using data and interviews from Korea Women's Hotline, this article analyzes the effects of state intervention which fails to support battered women and sends a message to the community that domestic violence is not such a serious crime. Specifically, this study found some problematic responses and attitudes of police and legal system: first, police is equating domestic violence with physical attacks or serious harms. Second, police and law enforcement personnel blame victims based on her gender performance or gender roles. Third, by individualizing the problem of domestic violence, state intervention ignores important structural factors that cause and perpetuate it. Finally, police and the justice system disempower and discourage battered women by exacerbating victim's fears and risks. Viewing domestic violence as a liberty crime, this study concludes that enhanced understanding of the nature of domestic violence only can contribute to solving the problem and protecting women's human rights.

A Study on the International Factoring Agreement for Improvement of Korean Civil Law (국제팩토링계약과 한국민법의 개선점에 대한 연구)

  • HAN, Ki-Moon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.70
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    • pp.21-38
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    • 2016
  • The trend of payment terms of an international trade has been changed from letter of credit to open account. In this regard factoring has come out to support SMEs in terms of financing on a without recourse basis. However, factoring is in Korea is not workable softly due mainly to legal system affecting smooth assignment of receivables. Therefore this study suggest the following solutions : Korean Civil Law shall be modified to protect factor's position as a right creditor to debtor and protect factor's position when perfection among several creditors are incurred. However, formal modification to this end would not be easy in short run and it is suggested that a special law be established in case a commercial receivable assignment both domestic and internationally happens between seller and factor.

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The Analysis on Managing Costs of Rules of Origin by Korean Companies in their Application of FTAs (국내기업의 FTA 활용에 따른 원산지 관리비용 분석)

  • CHO, Mee-Jin;LEE, Byung-Mun;SONG, Kyoung-Eun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.67
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    • pp.163-186
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    • 2015
  • This study attempts to analyze the trade costs of domestic firms utilizing the FTAs in terms of burden of expenses in managing the rules of origin. In doing so, we classify the managing costs of FTA rules of origin into three categories (that is, (i) ex ante costs from acquiring necessary information and building the infrastructure in the advance stage before the FTAs, (ii) the actual costs of the origin management in the application stage of FTA preferential treatment, (iii) ex post management cost in the preparation stage of origin verification) and perform a survey on the greater details on each category. Using the comprehensive results from the survey regarding domestic firm's use of FTAs, this paper also discusses the issues related to small and medium-sized firms and addresses the concerns involved with their managing costs of FTA rules of origin. Importantly, this paper emphasizes the importance of government supports to reduce inefficiency induced by the additional costs that domestic firms face in their use of FTAs and proposes the various policy implications regarding the managing costs of rules of origin.

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A Study on the Brazil Logistics Environment and Benchmarking Case for Domestic Enterprises advancing into Brazil Market (국내 기업들의 브라질 진출을 위한 물류환경 분석과 사례 연구)

  • Kim, Youn-Jung;Son, Byung-Seok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.51
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    • pp.391-414
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    • 2011
  • The advance into the overseas markets of domestic enterprises has been increasing continuously. Brazil, for domestic companies, has been emerging as the huge potential country in the development of markets and resources. According to the reports from World Bank and Brazil government, one of the biggest difficulties of businesses in Brazil for foreign enterprises is the lack of Transportation Infrastructure and high logistics costs. However, until now, there is no professional institute and systematic DB in Korea to provide the overall information of Brazil logistics or details oriented to enterprises' needs; furthermore, enterprises have the difficulties to gather or investigation the logistics information by themselves due to the constraints of language and budget. For these reasons, with the latest data, this study reviews the overall information of Brazil logistics environment and provides the status of Brazil logistics that is necessary for enterprises to advance into Brazil market. Also, this explains the reason for why Brazil has such a high logistics cost with the objective data. In addition, this paper carried out the benchmarking case study as an example of logistics strategy and plan in Brazil. This study can contribute to serve as useful information for domestic enterprises which planning or doing business in Brazil.

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Estimating the Impact of Trade Cost on Export: A Case Study Vietnam

  • Tu, Mai Thi Cam;Giang, Huynh Thi Thuy
    • The Journal of Asian Finance, Economics and Business
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    • v.5 no.3
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    • pp.43-50
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    • 2018
  • The paper aims to investigate the impact of trade cost on export: A Case Study Vietnam. The study conducts a static linear panel data analysis on annual data covering bilateral export between Vietnam and 70 major importers of Vietnam from 2001 to 2013. The gravity model has been one of the most successful applications in empirical trade. In this paper we apply the gravity model to estimate the impact of trade cost on Vietnamese bilateral export value. The paper uses gravity model to estimate the impact of trade cost on Vietnamese bilateral export value. The empirical results derive from a static linear panel data analysis (fixed effects model) indicates that trade cost plays a crucial role in determining the export value that occurs between Vietnam and trading partners. Besides, population of importing country, trade openness of importing country, gross domestic product of importing country and gross domestic product of Vietnam are also significant determinants of Vietnamese bilateral export value. The main findings indicates that trade cost plays a very important role in the Vietnamese bilateral export performance. This suggests that the Vietnamese government should attempt to improve domestic trade costs to enhance competitiveness and increase export growth sustainably.

A Study of Conflict between Monther-in-law and daughter-in-law in the Changing Korean society with Special reference to Pusan Area (변화하는 한국사회에 있어서 고부 갈등에 관한 연구)

  • 고정자
    • Journal of the Korean Home Economics Association
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    • v.26 no.4
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    • pp.129-160
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    • 1988
  • The purpose of the present study is to understand the change in the relation between mother-in-law and daughter-in-law according to the social change in comparison with the survey effects in 1974 (ko Jung-Ja) and 1985 to find out the cause of conflict in both side of power structure and affection structure, indicating behavior, the influences on the relationships among family, possible meditators. this thesis was made by an experimental research. Data were collected from 146 mothers-in-law and 141 daughters-in-law in Pusan. The collected data were analysed by statistical methods such is as follows, 1. cause of conflict In power structure the cause of conflict is, in the case of mother-in-law opinion opposion and shaughty attitude by daughter in-low and, in the case of daughter-in-law, domestic dominance. It is thought that there is a difference of viw\ew between mother-in-law and daughter-in-law about the possesion of economic dominance and many conflicts rises because of economic dominance. but the study in 1985 than 1974 suggests the possibility of conflict meditator because mother-in-law and daughter-in-law do homework dependently in the practice of power. In affection structure, the chief dissatisfaction toward daughter-in-law showes the change in time. In 1974, there was no affection and respect. In 1985, the rate of doing without consultation was high. Also, the lack of communication of mother-in-law and daughter-in-law is the cause of conflict. 2. Indicating behavior the rate of thinking alone if high in both sides. But in the survey of 1985, the covert verbal aggressive action with which mother-in-law appeals to her daughter and daughter-in-law to husband is rising. 3. Influence on the relationship among family by the conflict between mother-in-law and daughter-in-law. the conflict between mother-in-law and daughter-in-law play negative effects on the intimacy and relation between husband and wife. 4. Conflict mediation behavior As compremiser, it is suggested that in the case of daughter-in-law the position and role of husband is important and, in the case of mother-in-law respects mother-in-law, daughter-in-law and gives her the role.

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A Study on the Regulations of U.S. Government Procurement (미국(美國)의 정부구매(政府購買) 관련법규(關聯法規)에 관한 고찰(考察))

  • Yoon, Choong-Won;Ha, Hyun-Soo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.19
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    • pp.7-31
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    • 2003
  • The governments of almost countries have the rules and procedures that the purchasing entities have to follow, in order to ensure that the best value for money spent is obtained in procuring goods and services. However, there are often some of important problems in their rules relating to government procurement. Namely, almost countries have a variety of discriminatory regulations for foreign suppliers in the government procurement laws with the object of national security, economic welfare, and protection of domestic market from international competition. For this reason, several advanced countries had reached the Plurilateral Agreement on Government Procurement during Tokyo Round(1973-1979) and Uruguay Round(1986-1994). However, the provisions of two agreements do not apply to all products made by the government but only to those made by purchasing entities specified by each member country in its list in the Appendix. Accordingly, the size of goods and services purchased from foreign suppliers were comparatively not large. As we know well, the United States have spent a large amount of money from federal and state government budget. But the portion of procurement from foreign suppliers is still small, compared with the portion of procurement from domestic suppliers. The main reason are that U.S. has applied for long time the so-called Buy American Act to government procurement positively and maintained many kinds of other domestic regulations which have discriminatory provisions for foreign goods and foreign suppliers. On the recognition of these points, this thesis deals with the Buy American Act and other U.S. domestic laws, regional and bilateral, and plurilateral agreements including WTO Agreement on Government Procurement. As a result, the author found that there are several concerns and problems in the U.S. regulations relating to government procurement. It include the provisions on priority procurement of U.S.-produced products, local contents requirements, set-aside procurement from small business, and exclusion of preferential procurement from the developing countries.

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A Study on the Improvement of Depreciation Management for Construction Equipment Considering Economic Efficiency (경제성에 의한 건설중장비 감가상각관리 개선)

  • Lee, Yongsu
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.32 no.4D
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    • pp.357-366
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    • 2012
  • Construction equipment has applied to depreciation over the years, however, the price index for construction equipment is not properly reflected in existing quantity per unit and the local tax law. Thus, this study shows the analysis of the corporate tax law, the local tax law and business accounting standards, characteristics of the domestic depreciation system and depreciation methods, and the capital recovery factor of construction equipment applying the theory for economic efficiency. It also presents cases of depreciation on the basis of quantity per unit and tax law using straight-line depreciation method and declining balance method. It is proposed that the relations of the application system of permissible period for construction equipment and the existing system be explained and the application system of permissible period for construction equipment be imposed. Furthermore, it proposes the development of depreciation tables of construction equipment monthly expenses based on the domestic price index and applications. In addition of that, it proposes the analysis of pros and cons of the methods suggested and application limits of the study and subsequent improvement plans. This study should reflect more rational and objective reality in quantity per unit and tax law.

A Study on the Liability of Air Carrier for Damages of the Third Parties (지상제삼자(地上第三者)의 손해(損害)에 대한 공중운송인(空中運送人)의 책임(責任)에 관한 고찰(考察))

  • Park, Heon-Mok
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.163-191
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    • 1989
  • The accident of the midair collision, passengers' falling or goods' dropping occurs or supersonic aircraft make a sonic boom during their conveying passengers or goods to the destination. The accident in transmit damages the their parties on the surface or their properties. In these cases, the third parties who were harmed to their lives or properties have the right to claim damages against the air carrier who caused them. These matters have become one of the important things since aircraft conveyed passengers and goods. Therefore, it is a great concern to settle these matters by law. But the Safety of the present aircraft has been much increased and the aircraft have become larger in size. Its flight altitude became higher than before. So the relationship of the aircraft to the third parties is much different from that of the earlier aircraft. The air transport is now indispensable to our life. It is not so easy to control these matters. In the early part of 20th century, when the third parties suffered the damage, many European countries made laws on the basis of the principle of liability without fault. But each country had a variety of its own law, and different kinds of difficulties have been brought about. Accordingly, the Rome Convention on Surface Damage (1933, 1952, 1978) has been made and revised. In spite of being revised, it contains many problems, and is not carried into effect world-wide. On the other hand, there are no regulations about the compensation of the third parties damaged in Korean existing laws. In case the damage is brought about to them, it is obviously true that the settlement of the liability of compensation for damage should be made by the general principle on the tort in domestic laws. At this point, it is urgent that we make a special law though the domestic legislation as a preliminary measure before we sign the international convention to save third damaged. It is desirable that we should, for the responsibility of the air carriage for the demage of the third parties on the surface, bring in the theory of the absolute liability in view of the legislation of many conutries. As the aircraft fly in the sky, their flight always contains some danger. It is very difficult to prove the fault, and the operator should suffer the principle of liability without fault or the similiar one. In case the liability without fault will be imposed upon the operator for the damage of the third parties, it is necessary to bring in the liability protection system for the protection and up upbringing of the air carriage. The Burden of danger of the air carriage will be reduced by introducing the system. A domestic legislation measure should be necessarily taken as soon as possible as a legal security measure on these matters.

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