• 한국항해항만학회:학술대회논문집
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• 한국항해항만학회 2007년도 추계학술대회 및 제23회 정기총회
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• pp.43-45
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• 2007

국제노동기구가 2006년 2월 23 일 채택한 2006년 해사노동협약은 제 4편 규정 제 4.5조에 선원에게 적용되는 사회보장에 관한 내용을 포함하고 있다. 우리나라가 이 협약을 비준하기 위하여서는 국내 관련법령이 협약상 선원 사회보장 요건을 충족할 수 있는지를 검토하고, 불충한 부분에 대하여는 이를 정비할 필요하다. 따라서 이 연구에서는 선원의 사회보장에 관한 협약의 요건과 국내법의 차이를 밝히고, 이 과정에서 도출된 문제점에 관하여 그 해결 방안을 제시하고자 한다.

• 무역상무연구
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• 제46권
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• pp.61-104
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• 2010

The purpose of this work aims to analyse the principles of good faith under international transaction with CLOUT and UNILEX cases. Article 7(1) CISG sets the stage for the interpretation by promoting a uniform approach using good faith and the international charter of the convention. In other words, article 7(1) defines the purpose and the principle of interpretation and is applied to the Convention as a whole. As such, it also includes article 7(2), which goes beyond the big picture and settles the problems of gap filling. It is also important to understanding that the mandate of the CISG is to look for a solution, which is not only restricted to interpretation but extends to solving a problem. The problem in this work is to find out how gap filling is achieved and, because of the autonomous mandate of interpretation, to explain and understand its relationship with domestic law. The solution to the interpretation of article 7(2) must be found within the four corners of the CISG. To restate, article 7(2) describes two situations where gap filling is needed. First, if the matter is governed by the Convention but not expressly settled, then a gap must be filled in conformity with general principles on which it is based. Second, if the matter is not covered then the gap must be filled taking domestic law into consideration. There are two reasons why a matter may not be covered by the Convention. First and most obviously, it has been specifically exclude from the sphere of Application by the CISG itself, such as validity in article 4. Second, changes in business methods will lead to gaps. The United Nations has established a service known as CLOUT. This contains abstracts of hundreds of selected decisions of both courts and arbitration tribunals. And UNILEX is cosponsored by the Italian Centre for Comparative and Foreign Law Studies and UNIDROIT Contract Principles. The cases are in abstract format, but, when available, the full text of the case in the original language is also supplied.

• 자동차안전학회지
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• 제7권4호
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• pp.31-38
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• 2015

In the United States, when NHTSA initiates the vehicle defect investigation, the most of automotive manufactures voluntary start their vehicle's recall campaign immediately. However, in the domestic market, NGOs, medias and even the National Assembly complaint the attitude of domestic and foreign makers tendencies of retardation of recall campaign. Also there were criticism for the manufacturer's concealing or downsize of their vehicle defects to the publics. In general, the manufactures may wait until MLIT's decision to recall orders. Therefore, in this study, from the survey of foreign countries legal recall systems and it is recommended reinforcement of the current vehicle management law to promote more frequent voluntary recall campaign from makers. In this study, it is also includes summarize all previous recall related research works and proposes the more stringent regulations to punish of concealing or downsize their vehicle safety defects.

• 무역상무연구
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• 제61권
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• pp.249-272
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• 2014

The purpose of this study is to seek the revitalization plans of export platform for supporting export enterprise of the domestic public services. To activate the export platform, alternatives to two aspects are required as follows. First of all, a governance plan of export platform should be established. At present, an operation entity of export platform, which is still developing stage, is not yet established. In this situation, even though export platform developed, it will faced with inefficient operation. Therefore, an operation entity and appropriate business model are important to the platform activation. second, to activate platform, it is necessary to support export process of life cycle. In particular, the service, which can support the business strategies setting and project implementation stage, is required. In addition, in order to activate the export platform is need to operate with he government's support program.

• 대순사상논총
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• 제34집
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• pp.203-238
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• 2020

外國宗教或外國宗教法人到臺灣發展可能會遇到的法律風險以及該如何控管, 本文先以外國宗教到臺灣發展的可能性做法, 該法律規範, 類型, 流程, 注意事項…等作為本文撰寫之目的, 以便外國宗教一開始來臺灣發展時, 可以選擇適合自己的方式參考進行之。外國宗教若欲來臺發展, 其發展方式可能有幾種方法可以遵循 : 1. 宗教人士個別在臺傳教 2. 宗教團體在臺傳教, 樣態可為幾種 : 1) 以寺廟(或有宗教稱為「靈臺」)型態呈現。2) 以人民團體 (非法人宗教團體) 方式呈現。3) 未辦理登記寺廟(或有宗教稱為「靈臺 」) : 係事實上已存在之募建寺廟(或有宗教稱為「靈臺」)建築物, 因未符合辦理寺廟(或有宗教稱為「靈臺」)登記規定者, 而依據『未辦理登記寺廟(或有宗教稱為「靈臺」)補辦登記作業要點』要點所稱之未辦理登記寺廟(或有宗教稱為「靈臺」)。3. 非屬前者之具有辦事處及獨立之財產與宗教目的, 但未經政府立案或未經登記為寺廟(或有宗教稱為「靈臺」)者 (非法人宗教團體)。4. 在臺設立研究中心 : 外國宗教在外國已經設立財團宗教法人時, 來到臺灣設立分部, 得以研究中心的形態出現。5. 在臺設立法人 : 區分為「學校法人」, 「宗教社團法人」與「宗教財團法人」。以上各種類型各有不同對應的設立準據法適用依據, 本文將介紹各該準據法內容, 並介紹重要內容, 例如有關經費的部分, 對於績優宗教團體設有獎勵規範, 宗教團體申請外籍人士來臺研修教義的要點規範, 如為外文文件, 並應備具中文譯本等規定。外國宗教在臺發展因有涉外因素, 涉外民事法律適用法為我國選擇法規適用的母法, 該外國法人之屬人法事項依據涉外法規定, 係參考1979年泛美商業公司之法律衝突公約第2條及義大利國際私法第25條第1項等立法例之精神, 均採法人之設立準據法主義, 明定所有法人均以其所據以設立之法律為其本國法, 故外國宗教法人在臺之法律問題涉及到屬人法事項時, 係以其據以設立之法律為其本國法, 而外國法人之下列內部事項, 亦是依其本國法為準據法。

• 품질경영학회지
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• 제31권3호
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• pp.19-36
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• 2003

The manager of manufacturing industry just not to have known what to do related to the law of product liability(PL) that was put into operation in July 1, 2002. The law of PL is a public law about defective product, which was established in order to compensate consumer's damages of property and body caused by product, to make sound society by the safety products and to take international competitiveness. But the existing civil law has been having clause that compensation to be taken is limited. The law of PL is resolving this limitations and is characterized by the easy relief from damages of defective product. The decision in the case of Green-man has been a precedent since the court sentenced the manufacturer to liability. The law of PL has been in force in 27 countries, including all of the EU countries, Japan, Philippines and China. It has been shown that the corporations which meet the Global Standard, could survive in global competition. The economic effects by the law of PL are the increase of consumers relief production cost by the lawsuits. This paper will recommend more biref method that is able to cover PSMS by use of QMS. It will make domestic corporation improve in the plan, manufacture and sale of products to meet the Global Standard.

• 패션비즈니스
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• 제13권4호
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• pp.37-50
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• 2009

Recently, as individual 3D avatars are rapidly generalized in internet sites, its commercial applications for fashion business are being tried in ubiquitous fashion shopping era. In this research, we have investigated and analyzed patent problems of 3D avatar including personal body data to activate the fashion business using 3D avatars. Here, considering the patents for 3D face and body generation methods are already published, this research is focused on whole 3D body avatar obtained from individual body information. Firstly, definition of 3D avatar and its application cases have been investigated and then it has been researched whether or not legal protections by patent law, copyright law, computer program protection law, design protection law and fair competition laws are feasible in view of the subjects to be protected in each law and requirements for such protections. It was revealed that patent law may provide legal protections for 3D avatar and domestic and foreign patents related to 3D avatar have been researched.

• 무역상무연구
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• 제71권
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• pp.217-243
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• 2016

As the rapid development of IT and the internet changed the trading method from the traditional offline transaction into the online e-Trading, the international documentation standards, the eUCP and the domestic laws and legislations have been established, adapting to the new e-Trading environment. This study was conducted to analyze the factors which affect the use of uTradeHub on the domestic trading companies and trade-related organizations and suggest how to activate e-Trading. To do this, classify the users into the enterprises and the trade-related organizations, set up the hypothesis of the study with the measurement variables of the user convenience, the new service, the system suitability and the legislation environment and carry out a survey targeting the trading companies and the trade-related offices to do an actual proof analysis. The analysis was performed by using the statistical program, SPSS IBM22.0, and the study hypothesis was tested by the multiple regression analysis methodology. The test result showed that the trading companies set a high value on the user convenience, the new service and the legislation environment of uTradeHub, meanwhile the trade-related organizations regarded the system security and reliability, the user convenience and the legislation environment as the major affecting factor on the use of uTradeHub.

• 한국철도학회:학술대회논문집
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• 한국철도학회 2004년도 추계학술대회 논문집
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• pp.393-398
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• 2004

From the research which it sees the noise of the high-speed railroad use nation it gave and the vehicle sound arresting tile masturbation which is a sound arresting unit standard it slept and in an environment noise standard side from it classified. The case foreign nation vehicle of the KTX vehicle where vehicle sound arresting from the side the high speed railroad use nations from the open ground with 64-68 dBA are used first of all from domestic and it compares and the efficiency almost is a possibility of knowing the beginning of history box from the interior sound arresting side. Also it will be developed from domestic and to case of the position KHST vehicle the speed 50 km/h is more speed up the KTX vehicle than in spite of the standard which is equal will pay with 350 km/h and it will be having and the possibility the strong point is knowing very from the interior sound arresting side it was. For railroad area along resident at the comfort improvement of the second the environment noise standard which it presents from the nation of most the patronage standard inland conforms in the law standard and the case high speed railroad of the place comparing domestic which is presented is not in spite of still prepared 2004 April commerce is operated standard easily not to be, it appeared with the fact that the speed governing one standard establishment by law is necessary.

• 대한안전경영과학회지
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• 제23권3호
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• pp.67-82
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• 2021

The domestic professional engineer qualification system has been changed after the enactment of the law in 1963. However, the domestic professional engineers have been unaccepted and unrecognized internationally. In addition, the domestic professional engineer system is operated in accordance with the individual laws of each ministry, but the official qualification examination is conducted by the Human Resource Development Service of Korea. Thus, the domestic professional engineer system has many problems in system itself and operating. In this research, we compare the domestic qualification system with the systems of other foreign countries, and propose how to improve the qualification system. This study limits the scope to the qualification examination for P·E. We suggest 3 ways to improve the qaulification examination; (1) The structure of the qualifications, (2) The testing method, and (3) The unification of the qualification system and operation.