• Title/Summary/Keyword: law & system

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The Public Policy Ground for Refusing Enforcement of Arbitral Awards and Rule of Law in Chinese (중국에 있어서 외국중재판정의 승인 및 집행 거절 사유인 공서와 법의 지배)

  • Kim, Sun-Jeong
    • Journal of Arbitration Studies
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    • v.18 no.3
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    • pp.23-50
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    • 2008
  • In a global economy where, private parties increasingly favour arbitration over litigation, many foreigners are unfortunately reluctant to arbitration with China's parties because the China national courts do not scrutinize the merits when deciding whether to recognize and enforce foreign awards. As a result, the finality of arbitral awards hangs in uncertainty. Overseas concern is that China's courts may abuse "Public Policy" grounds provided for in the New York Convention to set aside or refuse to enforce foreign awards. The purpose of this article is to examine the distrust to enforcement of arbitral awards whether that is just an assumption. In spite of the modernize and internationalize her international arbitration system and many reforms provided in the related law and rules, the most vexing leftover issues are caused of the lack of "rule of law" in China. This situation imply the risk of pervert 'Public Policy' as the ground for refusing enforcement of arbitral awards. Some cases reflect the fear. But it is unclear whether those cases caused from the lack of "rule of law" in China. Same uncertainty present between Hon Kong-China under th one country-two legal system after the return of Hong Kong to China on 1 July 1997. While China is striving to improve its enforcement mechanism in regard to the enforcement of arbitral awards, it can only be expect following the establishment of rule of law in the future.

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Considerations in Allowing Voluntary Non-Reimbursable Treatments from a Public Law Perspective - A Commentary on Supreme Court Judgment 2010 Doo 27639, 27646 (ruled on June 8, 2012 by the Grand Bench) - (임의비급여 진료행위의 허용여부에 관한 공법적 고찰 - 대법원 2012. 6. 18. 선고 2010두27639, 27646 전원합의체 판결에 대한 평석 -)

  • Ha, Myeong-Ho
    • The Korean Society of Law and Medicine
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    • v.14 no.2
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    • pp.173-214
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    • 2013
  • Traditionally, the Supreme Court has held that medical treatment agreements covered by national health insurance should be distinguished from other medical treatment agreements which are viewed as a consummation of the autonomous free will between doctor and patient. Namely, the Supreme Court views medical treatment agreements covered by national health insurance to be bound by the National Health Insurance Law with the intent to promote the applicability and comprehensiveness of the national health insurance scheme. Yet, issues of voluntary non-reimbursable treatments are triggered not only by the mistakes or moral hazard of medical care institutions but also by systemic limitations of national health insurance coverage criteria. Thus, there is a need for legislative measures that allow certain medical treatments to be included or reflected in the national health insurance coverage system so that patients may receive prompt and flexible medical treatments. To reflect such concerns, the Supreme Court made an exception for voluntary non-reimbursable treatments and developed a strict test to be applied in such cases in Supreme Court Judgment 2010 Doo 27639, 27646 (ruled on June 8, 2012 by the Grand Bench). Such judgment, however, is not a fundamental overturn of the Supreme Court's prior rulings that voluntary non-reimbursable treatments are not allowed under the law. It is only a slight revision of its previous stance for cases in which there is a lack of legislative measures to make coverage of a new yet valid medical treatment possible under the current national health insurance coverage system.

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A Point Navigation Guidance Law for Unmanned Helicopter Using Predicted Position (위치 예측에 기반한 무인헬기 점항법 유도법칙 개발)

  • Kim, Seong-Pil;Lee, Jang-Ho;Kim, Bong-Ju;Gwon, Hyeong-Jun;Kim, Eung-Tae;An, Lee-Gi
    • Aerospace Engineering and Technology
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    • v.5 no.2
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    • pp.1-7
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    • 2006
  • This paper presents a new point navigation guidance law which is useful for unmanned helicopters. Predicting the future position, the guidance law generates velocity and heading commands, which are used as input to autopilot. This method differs from conventional guidance law in that it reorients the direction of flight velocity vector directly, not by bank angle indirectly. For flight tests, we have developed a flight control system for a R/C helicopters. The system consists of a flight control computer, navigation sensors, and a ground station The results of the test show that the proposed law guides a unmanned helicopter along a line path within a given area. In the future, we are planning to extend the guidance law to the mission of path following. i.e., waypoint navigation.

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Legal Problems of Crimes against Aircraft Safety in Korean Law (항공안전 관련 형사특별법에 대한 연구)

  • Song, Seong-Ryong;Kim, Dong-Uk
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.69-100
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    • 2011
  • The penalty clauses of 'Aviation Act' and 'Aviation Safety and Security Act' going into effect now were legislated because the aviation safety is being more influenced by the aviation safety system compared to the ground or maritime transportation and it is possible the aircraft can harm to people and wealth located in the ground as well as threaten the safety of the passengers and crew on board when it is the target of crimes. However, analyzing the current acts, applicable objects and behavioral requirements of some provisions are too general, and they are providing severely high penalties in many clauses without separating applicable objects and behavioral requirements. In addition, there are some critical legislative defects and there is a problem in terms of law-applicable area in the legal system. It is inferred that these legislative problems of the criminal special-law related to the aviation were caused by following reasons; first, aviation security experts or policy-makers than criminal law experts attended more actively in the enactment process, second, the communication among specialist groups were not accomplished well enough.

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A Study on the Normative Validity and Factual Effectiveness of the 'Library Law' with a Focus on [Law No. 18547, December 7, 2021, Comprehensive Amendment] (「도서관법」의 규범적 타당성 및 사실적 실효성 분석에 관한 연구 - [법률 제18547호, 2021. 12. 7. 전부개정]을 중심으로 -)

  • Myung Hee Yoon;Jee Yeon Lee
    • Journal of the Korean Society for Library and Information Science
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    • v.57 no.4
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    • pp.233-262
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    • 2023
  • It is essential to have adequate legal regulations to achieve the policy objectives in libraries. This study aims to analyze the structure and critical amendments of the Library Act (Law No. 18547), which was comprehensively revised on December 7, 2021 and has been in effect since December 8, 2022. This analysis examines the normative validity and effectiveness from a policy legislation perspective. As a fundamental law, we explore whether the Library Law possesses legal validity and can contribute to achieving policy objectives by elevating the societal value and qualitative improvement of libraries from an effectiveness standpoint. The analysis results suggest proposing enhancements to the content of objectives and fundamental principles, specifying the responsibilities of the state and local authorities, improving the library policy system, and enhancing the substantial influence of the National Library Commission.

Error analysis of a missile system with command to line-of-sight guidance law (시선지령식 유도방법을 사용한 유도무기시스템의 오차해석)

  • 이규택;이연석;이장규;장상근
    • 제어로봇시스템학회:학술대회논문집
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    • 1991.10a
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    • pp.389-394
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    • 1991
  • The surface-to-air missile system using Command to Line-Of-Sight (CLOS) guidance law is represented by complex nonlinear differential equations with 6 degree-of-freedom. This paper presents the characterictics of missile system and the effect of various error sources by Monte-Carlo simulation method. By simulation the part of playing a main role in the surface-to-air missile system is radar. Therefore for the performance of missile system the development of the technique reducing the error of radar is required. And the effect of accelerometer error is a few large, too. But, because accelerometer costs cheap this problem is solved easily. And the main error source of missile system data is the thrust, which affects directly to acceleration. The result is the important information about designing and fabricating missile system. And this makes the missile system best because of sharing elaborate and expense effectively.

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A Study on the Process to Amend Laws Concerning Employer-Supported Child Care and the Improvement of Its Service (직장보육 관련법의 변화과정 및 직장보육서비스의 개선방안)

  • Kim, Ji-Hyun
    • Korean Journal of Human Ecology
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    • v.14 no.2
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    • pp.251-268
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    • 2005
  • This study analyzes the amendment history of Educare Law of Infants and Children, the Equal Employment Opportunity Law, and Employment Insurance Law, and also examines the present status of the employer-supported child care service through secondary analysis of other policy studies. The three laws concerning employer-supported child care can be said to hold in itself two main concepts: employers' obligations to provide child care, and government's financial support and administrative management. In terms of the first concept, laws have been amended to enlarge the number of enterprises legally-responsible for child care service and to relieve the financial burden from them. In terms of the second, laws have been amended to gradually extend the magnitude of government's financial support and to establish the systematic administrative management. Approximately a half of the policy target enterprises, however, is not complying the laws. In addition, employer-supported child care centers are only occupying less than 1% of the whole child care market. Thus, this study evaluates the current employer-supported child care service system and suggests several principles for its improvement.

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A Study on the Trademark Registration and Nullity in China - Focused on 'Michael Jordan' Case - (중국 상표법상 등록과 무효에 관한 연구 - '마이클 조단' 행정판결을 중심으로 -)

  • SONG, Soo-Ryun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.699-720
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    • 2016
  • In the past 10 years, there have been lots of misuses of the trademark system in China. For example, some Chinese companies have registered same or similar oversea's well-known trademark as a prior rights holder, and oversea's companies lost a chance to register their own trademarks or commence cases to acquire their own trademark determination in China. So Chinese government revised Chinese Trademark Law in 2014 to remedy these mistakes. Article 30 is intended to crack down on preemptive registration and compensate for the possible unfair consequences resulted from the principle of prior registration. Under the principle of prior registration, only where the unregistered trademarks of prior use have certain influence, and where the applicant of latter applied trademark knows or should know the prior trademark and the applicant has the bad faith of obtaining unjustified interests from goodwill of such unregistered marks, it shall be curbed by Article 30. Furthermore, trademark oppositions could be filed by anybody previously. Under the revised Trademark Law Article 44, oppositions based on absolute grounds can still be filed by anyone, but oppositions based on other available grounds can only be filed by a prior rights holder or a materially-interested party with undefined but similar to the standing requirement for filing nullities under Article 41 of the old law, and likely intended to cover trademark licensees and successors.

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Analysis of Korea Internet AS-Level Topology (한국 인터넷 AS 레벨 위상 분석)

  • Oh, Dong Ik;Lee, Kang Won
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.37B no.10
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    • pp.901-911
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    • 2012
  • Over the last decade, the Internet in Korea has developed rapidly. The number of ASes in Korea is 755. However, there has been no significant effort to obtain an accurate picture of the Internet AS-level topology. To construct more complete set of Korea AS-level topology data all the available data sources are critically reviewed and compared. Three data sources, which can be used to infer Korea Internet AS-level topology, are selected; BGP data of UCLA "Internet Topology Collection", IRR data and IXP data. It is known that global Internet AS-level topology follows power-law distribution. In this paper, we also investigate if the Korea Internet AS-level topology follows power-law distribution.

A Study on the Fire Prevention of Temporary Constructions Connected with Factory Buildings (공장건물에 연결된 가설건축물 화재예방에 관한 연구)

  • 이정용;이창섭
    • Fire Science and Engineering
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    • v.17 no.1
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    • pp.68-75
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    • 2003
  • Temporary constructions are defined as constructions for temporary use, but frequently they are used long like permanent constructions and connected with main constructions. In this case, fire hazardousness increase. But there is no way to control this hazard in our system. This study include investigation of present related law survey about sample complex, collection of related lawsuit result and estimation of hazardousness of each contemporary construction type. The conclusion is that the article that specify distance between main construction and temporary one should be created in the architectural law. Or to apply fire service law to area of temporary construction, fire service law should be changed properly.