• The Journal of Korean Physical Therapy
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• 제10권1호
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• pp.253-263
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• 1998

To provide physical therapy service of good quality keeping people healthy and obstain structural reformation coping with the demands of in medical service market to foreign intercourse on 21C, we should make legal system fer the physical therapy practice. Thus we suggest the Ministry of Health and Health and the authorities should, 1. Exclude the provision of physical therapist from the classfication of medical technician on the Medical Technician Law Article 2. and establish the independent Physical Therapist Law 2. Eliminate the provision of physician or dentist's guide the Medical Technician Law Article 1. or reform it to physician or dentist's request so that physical therapists may have a independent practice, or 3. Add the provision of the physical therapy center to the Medical Technician Law, the enforcement ordinances and enforcement regulations, such as the provision of optometrist or dental technician.

• 정보학연구
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• 제4권2호
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• pp.137-154
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• 2001

본 연구는 정부의 전자상거래 활성화 종합대책의 일환으로 산업자원부가 추진하여 2000년 6월 17일 입법 공고되어 2001년 3월부터 시행된 대외무역법의 디지털제품(온라인거래)의 수출이입실적 인정 및 전자무역중개기관도입 관련조항 등의 개정내용을 중심으로 전자무역지원법령으로의 대외무역법이 개정되는 의미를 평가하고, 개정 내용의 조문에 나타난 문제점을 구체적으로 지적함으로써 실무자들로 하여금 적용상의 유의점들을 제시하고 향후 입법의 방향을 제시하는데 일조함을 목적으로 한다.

• 무역상무연구
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• 제61권
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• pp.139-163
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• 2014

Recently with making of 'The Consumer Insurance (Disclosure and Representations) Act 2012(hereunder CIA)', the UK revised the duty of disclosure especially with the consumer insurance contract. According to the CIA, if the misrepresentation was careless, the insurer may have the three options based upon what the insurer would have done had the consumer taken care to answer the question accurately; a compensatory remedy, avoidance of the insurance contract or, amendment of the contract. I realized that the establishment of CIA has been exposed to pro-actively relieve the breach of Warranty and Disclosure, Representations as far as required by the Global Insurance market. It was found that it is expected to bring significant changes in UK Insurance Act system of the 21st century, and prepares competition from neighboring countries. On the other hand, in the common law system, countries under MIA(1906) are trying to address the breach of warranty and Disclosure, Representations, except the UK cannot completely adhere with a positive attitude.

• The Journal of Asian Finance, Economics and Business
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• 제8권3호
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• pp.655-664
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• 2021

The purpose of this research paper is to overcome the impact the COVID-19 in Indonesia, the Government of the Republic of Indonesia has set Perpu No.1 of 2020 concerning State Financial Policies and Financial System Stability for Handling COVID-19 Pandemic. This paper uses a descriptive analysis method with a normative juridical approach, namely by explaining the politics of law in the stipulation of Perpu No. 1 of 2020 into Law, then analyzing its effect on the character of legal products contained in the Act. The data sources used in this paper are the 1945 Constitution of the Republic of Indonesia, Perpu Number 1 of 2020 which has been ratified into Law Number 2 of 2020, Legislation in the field of state finance, literature books, and several articles from print and electronic media. This paper concludes that the legal politics of establishing Perpu No.1 of 2020 into Act was born from a democratic political system and configuration, but the character of its legal products was conservative. The aim of the paper is to focus on the discussions related to the new regulations that have been made by the Indonesian government and analyse the impact resulting from the enactment of these regulations.

• 한국농촌건축학회논문집
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• 제22권4호
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• pp.87-95
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• 2020

People with disabilities are an important part of society. The world has a huge population of disabled people. Therefore, it is important to study the establishment and improvement of the disability welfare law. To carry forward the humanitarian spirit and develop the cause of the disabled is a signㄴ of social civilization. Improving the welfare system for the disabled is conducive to social progress. Disabled people have the same right to pursue a happy life as non-disabled people. Now, South Korea, China and Japan all have disability welfare laws. But the content of welfare law is not the same. China's welfare law for the disabled is also very detailed, but there are many problems. Such as education, medical care and so on. Therefore, through this study, to understand the perfect disabled persons' system in other countries, will play a positive role in the development of China's disabled persons' welfare law in the future. By comparing the welfare laws of the three countries, we can learn from each other and make progress. To contribute to the development of the cause of the disabled.

• 무역학회지
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• 제45권3호
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• pp.133-146
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• 2020

In the UK's the insurance law 2015, a remedy for breach of warranty in marine insurance was introduced. Also, if the insured proves that breach of warranty in marine insurance does not affect damages, the insurer pays the insurance money to the insured. The UK's marine insurance law has served as the governing law that has been the standard for the marine insurance industry for a long time. Korea and China were heavily influenced by the UK maritime insurance law. Therefore, this study analyzed the cases of breach of warranty in marine insurance in Korea and China. Through this, the insurer avoid the insurance contract for an accident that occurred after the breach of warranty. this result will be different under the new revised insurance law system. With the revision to The Insurance Act 2015, one of the biggest change in the insurance system is that it is possible to remedy of the violations of warranty. However, such a revision of the law requires considerable attention as it also changes the interpretation and judgment of the courts. Accordingly, a practical response of the insurance industry is required. It is necessary to prepare for possible disputes in practice.

• 무역상무연구
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• 제29권
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• pp.39-61
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• 2006

The governing law in international commercial arbitration may be divided into governing arbitration law and governing substantive law. The former governs the parties' arbitration agreement and the conduct of any subsequent arbitration. But the later governs the parties' substantive rights and obligations, which means the law that governs contract formation and performance, and the law to be applied by the arbitrator to the merits of the dispute. The purpose of this paper is to examine how to determine the substantive governing law when there is express choice or implied choice between parties. Moreover this author checked any restrictions on party autonomy and also any possibilities to deviate from the governing law. In case of express choice the sources of the law or rules of law might be the national law of one of the parties, the neutral law, the general principles of law or lex mercatoria according to the arbitration law selected by the arbitral tribunal. Some arbitration laws or rules empower the arbitrator to decide the case ex aequo et bono or to act as amiable compositions. If the governing law could be determined expressly or impliedly by the parties, the arbitral tribunal would make a selection. In this case the criteria for selecting a governing law are not exactly same from country to country. But failing any indication by the parties as to governing law, the arbitral tribunal should apply the rules of law, the law or the law under the rule of conflict that the arbitrators consider applicable, according to the governing arbitration law. Among the connecting factors offered by the conflict rules, (which means the factors that the arbitrators consider applicable), some legal systems give precedence to the formation of the contract, other system to the place of performance of the contract, and others to the closest connection or centre of gravity. But the Rome Convention, which unified the conflict rules of the contracting states, gives precedence to the law of the domicile of the party which has to effect the performance which is characteristic of the contract. Finally this author suggested the Choice of Law Clause which covers governing substantive law and governing arbitration law at the same time. Thus the UNIDROIT Principles as well as any national law may be included as a governing law in international arbitration. So when we make sales or service contract, we should take into consideration of the UNIDROIT Principles as a governing law or a supplement to the governing law.

• KIEAE Journal
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• 제13권4호
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• pp.95-102
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• 2013

In modern society, it is necessary to develop sustainable housing to protect environment. There should be a study on long life housing that satisfies living condition which residents require. Long life housing research is already activating in many developed countries. Although activation of long life housing is urgent, domestically, immaturity of technology development and law and system are barrier to progression of long life housing. Increase of early construction expenses is also problematic in activation of long life housing. The purpose of this research is to clarify a necessity of long life housing, to provide high quality of sustainable residence and to protect environment. This research also suggests a need of change from previous housing to long life housing. Moreover, it will look at related law and system of domestic long life housing and compare it to international law and system. From this comparison, it will point out a need of improvement and suggest appropriate long life housing system.

• 산학경영연구
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• 제13권
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• pp.207-221
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• 2000

신기술에 의한 체제정비가 요구되는 시점에서 1999년 채택된 미국 통일전자거래법은 우리나라에 주는 시사점이 크다. 통일전자거래법은 개인간의 거래에서의 지침에 중점을 두는 반면 우리나라의 전자거래기본법과 전자서명법은 정부의 역할을 중시한 것이 특징이다. 통일전자거래법에는 우리나라와 동일하게 전자기록, 전자서명등에 대한 정의가 있고 자동화된 거래, 컴퓨터 프로그램, 전자대리인, 정보, 정보처리시스템, 보안절차등 우리나라에 없는 정의가 들어 있다. 제16조에서 규정하는 양도가능한 기록(Transferable Record)도 우리나라에 없는 특이한 개념이다. 여기서 명시하고 있는 전자어음은 법제정이 있기도 진에 우리나라에 도입하려고 하는 개념으로 금융산업의 지각변동을 예고하는 조항이기도 하다. 우리나라는 사이버몰, 인증기관을 강조하고 소비자의 보호지침을 도입한 것이 미국과 다른 특징이다. 미국의 경우는 각종 분쟁의 경우 법원의 해석을 강조하여 전통적인 사법부우위의 모습을 보여주고 있다. 향후 예상되는 각종 분쟁에 대한 미국의 판례연구는 한국에서도 신속하게 연구되어 적용되어야 할 분야라 하겠다.

• 대한토목학회논문집
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• 제32권4D호
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• pp.357-366
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• 2012

기존의 품셈과 지방세법은 건설중장비가 수 년에 걸친 감가상각 대상임에도 불구하고, 물가지수를 제대로 반영하지 못하고 있다. 이에 본 연구에서는, 법인세법과 지방세법 및 기업회계기준서를 분석하여 국내 감가상각제도의 특징과 상각방법을 정리하여 제시하였고, 경제성 이론이 반영된 건설중장비 자본회수계수를 제시하였고, 정액법과 정률법을 사용하여 표준품셈을 기준으로 한 감가상각과 세법을 기준으로 한 감가상각 사례를 제시하였다. 개선방안으로는, 건설중장비의 자발적 사용기간 신청제도와 현행제도와의 관계를 설명하고 도입을 제안하였으며, 국내물가지수를 기초로 월단위 기계경비 감가상각율표를 개발하여 제공하였으며, 그 적용방안을 예시하였다. 또한, 제안한 방안의 장점과 단점을 분석하여 연구의 적용한계와 차후 개선방향도 제시해 보았다. 본 연구를 통해 품셈과 세법에 보다 합리적이고 객관적인 현실성을 반영할 수 있을 것으로 판단된다.