• Title/Summary/Keyword: improvement of law

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A Study on the Amended Arbitration Law of Mongolia

  • Woo, Jae-Hyong;Lee, Min Kyu
    • Journal of Arbitration Studies
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    • v.27 no.3
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    • pp.95-107
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    • 2017
  • Mongolian government enacted the Foreign Trade Arbitration Law to modernize the practice of commercial arbitration. Nevertheless, the Foreign Trade Arbitration Trade Law fell short on a number of fronts and arbitration itself remained a distant second option to litigation within Mongolia. Law on Arbitration of 2003 aimed to modernize the Mongolian arbitration framework so that it would mirror the UNCITRAL Model Law on International Commercial Arbitration. At the same time, the Law on Arbitration 2003 made a conscious decision to deviate from international norms with respect to certain aspects in order to accommodate for the unique circumstances and characteristics of Mongolia. For example, unlike its UNCITRAL counterpart, the Law on Arbitration of 2003 did not include an exhaustive list of grounds for refusing the recognition and enforcement of arbitral awards. In that sense, the Law on Arbitration of 2003 was a resounding success and a drastic improvement on the Foreign Trade Arbitration Law. These factors convinced the Mongolian government to once again revise its arbitration law. This process, which started in 2008 with the help of foreign law firms and institutions, ultimately culminated in the Law of Arbitration of 2017. The chief objective of the Law of Arbitration of 2017 was to more closely adhere to preexisting international norms on arbitration such as the Model Law on International Commercial Arbitration, and there is no question that Mongolia has succeeded in doing so. This article thus concludes by explaining some of the noteworthy improvements made by the 2017 revisions, and by noting that Mongolia is now equipped with a truly international legal framework for arbitration.

A Study on the Improvement of System Performances of a Direct Adaptive Controller (직접 적응 제어기의 시스템 성능 개선에 관한 연구)

  • Cha, Jong-Hawn;Rhee, Hyung-Chan;Kim, Hong-Phil;Yang, Hai-Won
    • Proceedings of the KIEE Conference
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    • 1992.07a
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    • pp.316-318
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    • 1992
  • The proposed algorithm uses a modified adaptive law which consists of switching -modification, normalized augmented error and low-pass filtered signal of output tracking error, furthermore, the proportional term that is a product of the output tracking error and the bounded signal having an information of output tracking error is added to the conventional control law for improvement of robustness and performance of an adaptive system. For the arbitrary nth order system, mathematical analysis and computer simulation are used to demonstrate improvement of output error characteristics, guaranteeing boundedness of all signals in the overall system.

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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.

Comparative Study on UNIDROIT Principles and Korean Civil Law about Illegality of Contract in International Trade (국제무역상 계약의 위법성에 관한 UNIDROIT원칙과 한국민법 비교연구 - 한국민법의 개선방안을 제시하며 -)

  • Chang-Won Ryu
    • Korea Trade Review
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    • v.45 no.1
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    • pp.221-239
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    • 2020
  • Among various export contracts, the contents of contracts are very important. Various companies make use of this method. [Which method are you talking about?] However, the Korean law system has an insufficient understanding of the international legal system. This paper looks into the conditions related to contracts in relation to the legal system. This paper analyzes not only the Korean civil law system about illegality of contracts but also makes a comparison with other international systems, such as the UNIDROIT Principles. Especially, the Korean civil law system about the illegality of contracts is comparable with the UNIDROIT Principles system about illegality of contracts. The purpose of this paper is to examine the revitalization of Illegality of Contract. This paper also deals with improvement of International Commercial Activation. Thus, this paper will offer directions to International Trade Practitioners. There is disagreement regarding methods of action related to international trade practice. Especially, this study is good for commercial parties, especially overseas sales people.

A Study on Problems and Improvement Measures of Occupational Safety and Health Law Policies in Korea: Focused on Administrative Rules and Guidelines (산업안전보건법정책의 문제점과 개선방안 - 행정규칙과 행정지침을 중심으로 -)

  • Jung, Jinwoo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.28 no.1
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    • pp.18-34
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    • 2018
  • Objectives: This study aims to identify and solve problems in the consistency, procedural justification, effectiveness, and other matters concerning approaches to occupational safety and health legislation, administrative rules, and administrative guidelines. Methods: In this study of policy on the industrial safety and health law of Korea, problems were raised based on important information on the approach to occupational safety and health legislation and administrative guidelines such as notices, ordinances, and instructions, as well as on their interpretation and operation standards. Secondly, based on the identified problems in the occupational safety and health law policy, core practical methods to present improvement directions for occupational safety health policy in Korea were sought. Results: It is absolutely necessary to actively promote the infrastructure for occupational safety and health by developing and disseminating notices, guidelines, and manuals that act as contact points between laws and the field in various ways at the administrative institution level. In addition to sanctions, efforts to systematically guide and promote complex professional matters must be supported. Efforts should be made to strengthen administrative expertise so that administrative authorities can secure professional authority and fully enforce legal policies according to the purpose of legislation. In order to ensure the effectiveness of occupational safety and health law policies, it is necessary to shift the focus of the legal policy toward confirming and guiding substantial compliance with legal standards. Conclusions: As a result of the above efforts, when reliable occupational safety and health law policy is implemented, the understanding and acceptance of the legal policy for the administrative object will be increased, and the safety and health management of the enterprise will be maximized to its full extent.

A introductory study of prohibition agaist using similar terms (유사명칭 사용 금지론에 관한 서설적 연구)

  • 이항구
    • Journal of Applied Tourism Food and Beverage Management and Research
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    • v.9
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    • pp.7-13
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    • 1998
  • It is stipulated in Article 22, Paragraph 3 of Tourism Promotion Law that those who do not work for tourism can not use trade name including "Kwan Kwang" or terms similar with it, and even signs with Kwan Kwang or terms similar with it at a business establishment. The stipulation is, however, away from a reality. It only has a sort of apparent meaning even though it is the positive law. However, times are changed and are changing. A rule should reflect the stipulation suitable for contemporary culture. A term, restructuring, exists in the law related to tourism which is connected with tourist industry. In other words, there are many assumed stipulations away from the practical aspect, because of wrong systems. However, what does the restructuring mean in the law related to tourism\ulcorner The thing is to make new system or base appropriate to the present situation, and to study improvement ordinances in Article 12 of Tourism Promotion Law and stipulations for those. In order to do these, the contents of Tourism Promotion Law from Article 1 to 60 and stipulations of law related to tourism law should be studied. In doing so, limited paper could not cover all.cover all.

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A Comparative Analysis on the Korean and Chinese Electronic Signature System (한.중 전자서명제도에 관한 비교 연구)

  • Kim, Sun-Kwang;Kim, Jong-Hun
    • International Commerce and Information Review
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    • v.11 no.4
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    • pp.47-73
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    • 2009
  • Electronic Commerce has become the leading method of business in many countries. And related laws are being established and is operating in Korea and China. In this circumstance, Korea's electronic signature law was enacted on February 5, 1999, and has been applied from July 1, 1999. But China's electronic signature law was enacted on August 28, 2004, and has been formally applied from April 1, 2005. This paper is to drive problems of the electronic signature system and law and to show the whole point to be considered in enterprise and the present status of internal and external service under the basis of electronic trade. The purpose of this study aims to present a comparative analysis on the Korean and Chinese electronic signature system and law. In addition to, another point of this paper is suggestions for improvement of legal problem.

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A Study on the Improvement Direction of Shipping Conference Related Domestic Laws (해운동맹 관련 국내법의 개선방향에 관한 연구)

  • You, Kwang-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.43
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    • pp.371-393
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    • 2009
  • The biggest issue of the current international maritime transport is that EU had decided to apply the Competition Law about Shipping Conference since 2008 and UNCITRAL Convention which is the substitute of international rules related with existing maritime transport passed UN General Assembly. This movement indicates that international rules of international maritime transport are not focusing on shipping companies or forwarders anymore but consignors. According to the current circumstances, it is time for us to convert existing shipping companies and forwarders centered rules system into consignors centered international rules system as well. Thus, this study has compared and analyzed between each country's law of Shipping Conference and Korean governing law, Ocean Shipping Act.

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Systematic Improvement of Safety Management-Related Laws in Domestic Demolition Works (국내 해체공사 안전관리 관련 법령의 체계적인 개선방안)

  • Ha, Gee-Joo;Ha, Jae-Hoon
    • Journal of the Korea institute for structural maintenance and inspection
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    • v.14 no.5
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    • pp.169-178
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    • 2010
  • Generally speaking, the demolition works is the subsequent construction activity which has been done after building life-span of twenty two years or so. However, it was not prepared suitable systems and laws and regulations as long-term solutions. In this study, it was suggested the improvement guideline of safety management-related laws in domestic demolition works. The three improvement of laws was suggested as follows. ${\bullet}$ First, it was suggested proposals for demolition works standards in safety management plan of management law for construction activity. ${\bullet}$ Secondly, it was provided improvements for standard safety work guide of demolition works of industrial safety and health law. ${\bullet}$ Third, it was proposed integration method of redundancy in safety management plan and risk assessment regulations.

A study Improvement Direction for Arc Interruption Equipment and On-line Monitoring System of Consumer Low Voltage Facilities (수용가 저압 전기설비의 원격 감시시스템 및 아크차단 장치 활성화 방안에 관한 연구)

  • Kim, Gi-Hyun;Park, Chee-Hyun;Lim, Young-Bai;Choi, Myeong-Il;Bae, Suk-Myong
    • Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
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    • v.22 no.1
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    • pp.79-86
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    • 2008
  • Domestic and foreign follows the trend which is that safety checkup of electrical facilities is serviced by on-line system with joining information technology. This paper research improvement of what kind of system and law for market environment of electric power value added service. For improvement of market environment of electric power value added service, this paper researches improvement of on-line monitoring system and necessity of arc interruption and revision of arc related law.