• Title/Summary/Keyword: injunction

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Development Plan Belt Tourism Resource of Kyeonggi Ceramics for Customer Satisfaction (경기도자기 산업의 고객만족을 위한 관광벨트 상품 개발)

  • Yang, Kwang Mo;Jun, Hyun Jong;Kang, Kyong Sik
    • Journal of Industrial Convergence
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    • v.2 no.1
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    • pp.121-137
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    • 2004
  • Is entering in age that brand becomes consumer's goods purchase standard as income level is improved, dying injunction brand is trend that governing power in the world market is expanded as international economy does single market. Situation to develop Kyonggi Province area to universal tourist attraction area keeping in step with national large size event holding such as sun of Korean visit with opening a port of the In-chon International airport, the world ceramics Expo, World Cup was made up. Growth possibility is big to culture tourism resources and representative tourist resort of the Korea that use view of nature photon circle properly such as ceramics that target area possesses. Area development plan through growth possibility should be arranged to international ceramics production complex and distribution complex. Therefore, plan analyzing future district theme establishment and strength in priority via past and present of target area.

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Legal Issues Regarding the Civil Injunction Against the Drone Flight (토지 상공에서의 드론의 비행자유에 대한 제한과 법률적 쟁점)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.75-111
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    • 2020
  • The civilian drone world has evolved in recent years from one dominated by hobbyists to growing involvement by companies seeking to profit from unmanned flight in everything from infrastructure inspections to drone deliveries that are already subject to regulations. Drone flight under the property right relation with the land owner would be deemed legal on the condition that expeditious and innocent passage of drone flight over the land be assured. The United Nations Convention on the Law of the Sea (UNCLOS) enshrines the concept of innocent passage through a coastal state's territorial sea. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state. A vessel in innocent passage may traverse the coastal state's territorial sea continuously and expeditiously, not stopping or anchoring except in force majeure situations. However, the disturbances caused by drone flight may be removed, which is defined as infringement against the constitutional interest of personal rights. For example, aggressive infringement against privacy and personal freedom may be committed by drone more easily than ever before, and than other means. The cost-benefit analysis, however, has been recognjzed as effective criteria regarding the removal of disturbances or injunction decision. Applying that analysis, the civil action against such infringement may not find suitable basis for making a good case. Because the removal of such infringement through civil actions may result in only the deletion of journal article. The injunction of drone flight before taking the information would not be obtainable through civil action, Therefore, more detailed and meticulous regulation and criteria in public law domain may be preferable than civil action, at present time. It may be suitable for legal stability and drone industry to set up the detailed public regulations restricting the free flight of drone capable of acquiring visual information amounting to the infrigement against the right of personal information security.

A Study on the Judicial Precedent regarding a Right to a View (조망권에 관한 판례연구)

  • Koo, Jae-Koon
    • Journal of Environmental Policy
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    • v.7 no.3
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    • pp.63-88
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    • 2008
  • In this treatise I have advanced a theory to regulate legal problems rationally arising from a right to a view and I have checked some precedents dealing with the temporary injunction, compensation for damage and the demolition of a house(mainly apartment) owing to an infringement of a right to a view. Relating to an infringement of a right to a view, there are more lawsuits which are instituted together with an infringement of a right to enjoy sunshine than lawsuits related only to the right to a view. In the cases of an infringement of a right to a view connects with educational or religious environment, the court made it a decision that the construction is prohibited from constructing more than a certain-story building to protect a right to a view. Plaintiffs won a case their suit in the original judgement regarding a claim for damages owing to an infringement of a right to a view, but the Supreme Court reversed the decision of a lower court. The right to a sky view should not be infringed in case of a dwelling house which is not built for the purpose of business or a view.

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Honour and Dishonour Relating to the Fraud and Forgery in Letter of Credit Transactions (신용장거래에서 사기 및 서류위조에 따른 지급이행과 지급거절에 관한 고찰)

  • Kang, Won-Jin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.49
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    • pp.139-164
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    • 2011
  • Traditionally courts have been adopted over the years two standards of dealing with compliance of documents such as strict compliance and substantial compliance and the substantial compliance, which was somewhat less demanding than the strict compliance. However the new guidelines of ICC's international standard banking practice for the examination of documents under documentary credits set up how the UCP is to be applied in practice. The payment obligations of an issuing bank to a beneficiary are independence of the performance or the nonperformance of any contract underlying the letter of credit. However, strictly applying the principle of independence and abstraction could produce unfair results by operating unjustly enrich an unscrupulous beneficiary in case of fraud. Accordingly, when a beneficiary presents complying documents, the issuing bank is bound to honour the presentation unless the fraud rule applies on the facts of the case such as forged or material fraud. If it does, the issuing bank(issuer) needs not pay despite the complying presentation of documents by the beneficiary under the Uniform Commercial Code Article 5-109 and case law in America. However the fraud rule was not addressed in UCP 600. In conclusion, view in terms of legal principle and the court cases is variable and difficult to honour or dishonour the presentation in case of application of the independence principle and fraud rule such as the problems on burden of proof timely, possibility of granting injunction in order to protect against victim for bona fide applicant.

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Perception of Parent Education Programs during Divorce Procedure (이혼하려는 부부의 ‘이혼 전 부모교육프로그램’에 관한 인식)

  • Kim, Jae-Yeon;Lee, Jae-Yeon
    • The Korean Journal of Community Living Science
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    • v.18 no.4
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    • pp.539-553
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    • 2007
  • The present study examined the effects of parent-education administered during divorce procedure on the perception of parent-education programs. The subjects were 60 couples who were in divorce procedure at the Seoul Family Court and had children under 20 Subjects were divided into three groups of 20 couples each: a control group, and experimental group 1 and experimental group 2 that were homogeneous in demographical and legal backgrounds. Experimental group 1 was shown pamphlets and videos on the role of divorced parents, and experimental group 2 was shown pamphlets and videos on the role of divorced parents as well as given explanations about the contents of the pamphlets and videos. No treatment was applied to the control group. According to the results of the experiment, the two experimental groups showed improvement in their perception of the necessity for parent-education programs. Demand for the number of sessions and hours, and the effect was higher in experimental group 2 than in experimental group 1. With regard to the necessity of parent-education programs, experimental group 2 was positive particularly to mandatory injunction, the payment of education fees and expectation of helpfulness. All three groups expected that parent-education programs would be helpful.

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The surface stress effects on the buckling analysis of porous microcomposite annular sandwich plate based on HSDT using Ritz method

  • Mohsen Emdadi;Mehdi Mohammadimehr;Borhan Rousta Navi
    • Computers and Concrete
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    • v.32 no.5
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    • pp.439-454
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    • 2023
  • In this article, the surface stress effects on the buckling analysis of the annular sandwich plate is developed. The proposed plate is composed of two face layers made of carbon nanotubes (CNT) reinforced composite with assuming of fully bonded to functionally graded porous core. The generalized rule of the mixture is employed to predict the mechanical properties of the microcomposite sandwich plate. The derived potentials energy based on higher order shear deformation theory (HSDT) and modified couple stress theory (MCST) is solved by employing the Ritz method. An exact analytical solution is presented to calculate the critical buckling loads of the annular sandwich plate. The predicted results are validated by carrying out the comparison studies for the buckling analysis of annular plates with those obtained by other analytical and finite element methods. The effects of various parameters such as material length scale parameter, core thickness to total thickness ratio (hc/h), surface elastic constants based on surface stress effect, various boundary condition and porosity distributions, size of the internal pores (e0), Skempton coefficient and elastic foundation on the critical buckling load have been studied. The results can be served as benchmark data for future works and also in the design of materials science, injunction high-pressure micropipe connections, nanotechnology, and smart systems.

How to deal with Fraud Cases in L/C-based Transactions in International trade business (국제무역거래(國際貿易去來)에서의 신용상거래(信用狀去來) 사기사건(詐欺事件)의 대처방안(對處方案))

  • Nam, Seon-Mo
    • Journal of Arbitration Studies
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    • v.18 no.2
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    • pp.173-199
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    • 2008
  • A letter of credit transaction of the preexistence have been raising one's head fraud charge problem as a result of abusing the principles of independence and abstraction. Every society has certain rules and conventions which it regards as important and most of people in any society. The paper document means a document in a traditional paper form. The eUCP credit must specify the formats in which electronic records are to be presented. In these present times, the issuance of documentary credit are performed by the SWIFT(Society for Worldwide Inter bank Financial Telecommunication) system. The eUCP have been written to allow for presentation completely electronically or for a mixture of paper documents and electronic presentation. Presentation is deemed not to have been made if the Beneficiary's notice is not received. An electronic record that cannot be authenticated is deemed not to have been presented. The e-UCP is the supplement of current existing UCP but is superior to UCP under some circumstances. The document shall include an electronic record. The place for presentation of electronic records means an electronic address. The current e-UCP is not clear on this matter. We have to note followings in case of presenting the documents electronically and applying the e-UCP. There are three principles in the letter of credit transaction, that is to say, independence and abstraction, document dealing, strict compliance. IN the electronic letter of credit, these principles are called as independence and abstraction, electronic document dealing, strict compliance.

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Analysis on Timely Refusal to Accept Discrepant Documents in Documentary Credit Transactions -with a special emphasis on Federal Bank Ltd. v. VM Jog Engineering Ltd, Indian Supreme Court Decision- (화환신용장 거래에서 은행의 불일치서류 거절의 적시성에 관한 연구 -Federal Bank Ltd. v. VM Jog Engineering Ltd.의 사건에서의 인도 최고법원의 판결을 중심으로-)

  • Hahn, Jae-Phil
    • Journal of Arbitration Studies
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    • v.16 no.3
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    • pp.161-189
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    • 2006
  • This paper is aiming at analyzing case law of India in relation with reasonable time to make decision whether to accept or to refuse the documents received from the presenter in credit transactions. As specified in UCP, the failure to refuse to accept the documents within a reasonable time precludes the Issuing Bank, Confirming Bank (if any) and Nominated Bank from asserting that they are discrepant. Compliance of the stipulated documents on their face with the terms and conditions of the credit shall be determined by international standard banking practice as reflected in this Articles of UCP 500. The Issuing bank is only to be held responsible for honoring the documents presented by beneficiary through the nominated banks if they are strictly in compliance with terms and conditions of the Credit. As any well experienced banker knows, however, a word-by-word, letter-by-letter correspondence between the documents and the credit terms means a practical impossibility. Thus the notion of reasonable care in conjunction with the doctrine of strict compliance mixed with International Standard Banking Practices has not played a right functional standard for checking the documents as stipulated in the credit and UCP 500. And so the rejection rate is highly estimated at approximately 50% in EU and 40 to 70% according to their geographical locations in the USA. As a result, it can possibly be inferred from this fact that the credit industry would be facing the functional failure as the international trade credit facility, if not supported with motive power as a relevant scheme in UCP 500. It is quite important to note that UCP 500 Article 13(b) which specify the time limit for the banks to notify the presenter their decision not to accept the documents within a reasonable time not to exceed seven banking days following the day of receipt of documents would be the motive engine to improve the negotiability of documents in international trade financial facility.

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A Study on the Improvement of the Intelligent Robots Act

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.24 no.1
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    • pp.217-224
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    • 2019
  • The intelligent robot industry is a complex which encompasses all fields of science and technology, and its marketability and industrial impact are remarkable. Major countries in the world have been strengthening their policies to foster the intelligent robot industry, but discussions on liability issues and legal actions that are accompanied by the related big or small accidents are still insufficient. In this study, therefore, the patent law by artificial intelligence robots and the legislation for relevant legal actions at the criminal law level are presented. Patent law legislation by artificial intelligence robots should comply with the followings. First, the electronic human being other than humans ought to be given legal personality, which is the subject of patent infringement. Even if artificial intelligence has legal personality, legal responsibility will be varied depending on the judgment of whether the accident has occurred due to the malfunction of the artificial intelligence itself or due to the human intervention with malicious intention. Second, artificial intelligence as a subject of actors and responsibility should be distinguished strictly; in other words, the injunction is the responsibility of the intelligent robot itself, but the financial repayment is the responsibility of the owner. In the criminal law legislation, regulations for legal punishment of intelligent robot manufacturing companies and manufacturers should be prepared promptly in case of legal violation, by amending the scope of application of Article 47 (Penal Provisions) of the Intelligent Robots Development and Distribution Promotion Act. In this way, joint penal provisions, which can clearly distinguish the responsibilities of the related parties, should be established to contribute to the development of the fourth industrial revolution.

Effects of Carbenoxolone and P2X recepter antagonist combined therapy on oral neuropathic pain in rat (신경병증 통증 모델에서 Carbenoxolone과 P2x receptor 길항제의 효과)

  • Ku, In-Young;Moon, Seon-Jeong;Ka, Kyung-Hwan;Park, Min-Kyoung
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.17 no.2
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    • pp.123-128
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    • 2016
  • The study was conducted to confirm the analgesic effects of the Carbenoxolone(CBX)and P2X receptor antagonist(iso-PPADS), which separates the gap junction in the facial neuropathic pain model. The experiment used white male Sprague-Dawley rats (240~280g). The second left molars on the lower jaw was extracted to induce facial neuropathic pain, and small dental implants were implanted to induce damage to the inferior alveolar nerve. When CBX was injected twice daily to the abdominal cavity, a significant analgesic effect at 5ug/kg was observed(p<0.05). In addition, when iso-PPADS was injected twice daily into the abdominal cavity, a significant analgesic reaction was observed at $25{\mu}g/kg$(p<0.05). When the two drugs were injected together at a low concentration, in which they did not display an effect, they displayed a significant analgesic reaction at CBX 1ug/kg and iso-PPADS 2.5ug/kg(p<0.05). When a gap injunction block using a low concentration of CBX and a low concentration P2X receptor antagonist was injected together, the pain suppressing effect was observed against the orofacial neuropathic pain mechanism. These results make it possible to determine that the gap junction block using CBX and the injection of the P2X receptor antagonist plays an important role in the pain management of the facial region.