• Title/Summary/Keyword: legal commentary

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A Study on Legal Commentary Information Services Based on the Usage Patterns of Legal Information Sources (법률정보원 이용행태에 기반한 주석서 정보서비스에 관한 연구)

  • Won, Jong Sam;Lee, Jee Yeon
    • Journal of the Korean Society for information Management
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    • v.37 no.1
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    • pp.127-151
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    • 2020
  • The court has the responsibility to determine the final interpretation of the law. The court hands down final decisions on personal disputes and conflicts between individuals and the state. Legal commentaries will stay true to their intention of providing diverse legal theories and enabling a unified legal interpretation only when law practitioners are allowed to discuss in depth laws, cases, and legal theories within the boundaries set by commentary authors. If law practitioners include the latest laws, cases, and legal theories as well as their opinions to existing commentaries in their judicial roles and legal studies, they will be able to obtain a unified legal interpretation without referring to other legal literature.

Some Problems in the Official Commentary on UCP 600 published by KCCI (대한상공회의소 발간 "UCP 600 공식 번역 및 해설서"상의 문제점과 그 보완에 관한 연구)

  • Lee, Shie-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.38
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    • pp.71-96
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    • 2008
  • Letters of Credit are the most common method of payment for goods in the export trade, and banking practice relating to letters of credit is standardised by the Uniform Customs and Practice for Documentary Credits, which are a set of rules issued by the International Chamber of Commerce. The current version is UCP 600, which took effect on July 1, 2007. To assist the practitioners of Documentary Credits, the KCCI(Koea Chamber of Commerce and Industry) authorised a new publication-Official Commentary on UCP 600. This new publication added the word "official" in the title. In order to being an official commentary, the terms and expression should be correct and unified. But there is some problems in official commentary and legal phraseology. The problem was appeared that ICC UCP 600's were translated into Korean UCP 600 version. For example, "Issuing Bank", "Applicant", "Port of discharge", "A date of pick-up", "Shipper's load and count", "Courier Receipt", "Charter Party", "Bill of Lading", "Cover Note", "Exclusion Clause", "Insurance Certificate", "Declaration, Underwriter". If can be used 'Official Commentary on UCP 600', the above statements should be a compliment though take a wide professional opinions or held a public hearings. The Purpose of this paper is to point out the problems and substitute the term used and unify the expression in official commentary.

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On Estimation of Indication, Property and Processing of Rhus Verniciflua Stokes (옻의 주치(主治).효능(效能).수치법(修治法)에 관(關) 소고(小考);11종 한약서를 중심으로)

  • Eom, Seok-Ki;Kim, Kyung-Suk
    • Journal of Korean Medical classics
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    • v.21 no.2
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    • pp.29-37
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    • 2008
  • Based on 11 Classics of Materia Medica designated by Ministry of health and welfare bulletin 1995-15 as legal basis in scope and preparation of herbal prescription, we reviewed indication, property and processing of Rhus Verniciflua Stokes which appear extensively in literature since earlier Joseon Dynasty. Following is the conclusion of this review after comparing with 'Korean Pharmacopoeia: commentary on herbal product standard'. 1. The properties of Rhus Verniciflua Stokes in 'Korean Pharmacopoeia :commentary on herbal product standard' should be changed as 'Tonifying the middle, restoring the muscle, fulfilling marrow, breaking old static blood, tonifying and activating after removing mass, unblocking the meridian, killing worms' and indication should be changed as 'Old static blood, deep rooted mass, wind-cold-dampness arthralgia, cough, 9 types of chest pain, abdominal or flank accumulation of stagnated qi[氣], amenorrhea, hernia mass, small bowel or bladder colic pain, abdominal pain due to worm accumulation'. 2. The processing of Rhus Verniciflua Stokes in 'Korean Pharmacopoeia: commentary on herbal product standard' should include 'natural drying or steaming drying followed by grinding and stir-baking until ripened or smoking appears'.

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A Study on the Practical Suggestions in the Contract for the Turnkey Supply of an Industrial Plant - Focused on the Commentary of ICC Model Contract - (턴키방식 플랜트계약의 실무상 유의점에 관한 연구 - ICC 표본 계약서의 해설을 중심으로 -)

  • Oh, Won-Suk;Lee, Ki-Ok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.53
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    • pp.3-29
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    • 2012
  • This article examines the Practical Suggestions in the Contract for the Turnkey Supply of an Industrial Plant based on a study focused on the commentary of "ICC Model Contract" clause which is encouraged by ICC. Especially practical issues are inquired into on business and legal perspective as follows. First, in regard to supply of technical documentation, equipment and spare parts, it is important to supplier and purchaser to agree on obtaining technical documents necessary for installing and operating plant, and also components necessary for it's maintenance. Second, it is about erection, testing, taking over and training chapter. Both parties need to agree about the process of the arrival of equipments and assembly conducted by the supplier and following examination and also training purchaser to operate it Third, when it comes to price, payment conditions, bank guarantees, parties are to make decision on the pricing, payment conditions and currency of contract-payment. Lastly, it is necessary to reach an agreement of the issue of whether it is to be defined as delay or non-performance of the contract and also it's consequences about rights and obligation.

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Newspaper analysis of research on dental hygienists in Korea from 2005 to 2008 (한국 신문에 게재된 치과위생사 관련 기사 분석: 2005~2008년 기사를 중심으로)

  • Oh, Sang-Hwan;Nam, Yong-Ok;Jang, Jong-Hwa
    • Journal of Korean society of Dental Hygiene
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    • v.9 no.1
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    • pp.59-71
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    • 2009
  • Objectives : The purpose of this study is to devise a way of the dental hygienist to explore the articles of dental hygienist that were presented in the newspaper during the recent 3 years of Korea. Methods : This study is to examine dental hygienist articles with content analysis in the KINDS(Korean Integrated News Database System) of the Korean Press Foundation. Data were gathered from the printed newspaper of Korea over a period of 3 years - 1 March, 2005 to 30 March 2008. News reports, comments and letters to the editor were analysed, which revealed an image of dental hygienist that we would like to explore and debate. The obtained data from the frequency, percentage, chi-squared test between categories after inter-coder reliability test (reliability 0.96). Results : The articles of dental hygienist according to type of newspaper, 'local newspaper' showed higher frequency than 'metropolitan newspaper'. It mix '치과위생사'(42.3%), '치위생사'(49.4%), and '위생사'(3.9%) in use of name. The article pattern, 'news' 40.0%, 'information commentary' 18.3%, 'interview man' 15.8%, 'special news' 14.2% in metropolitan newspaper, then, 'news' 72.6%, 'information commentary' 23.2% in local newspaper (p<0.05). Most plenty of subject is 'administration system', and then 'celebration', 'publicity'. It showed 'seoul' was 'information commentary', 'country' was 'administration system', 'whole' was 'legal duty', 'unrelated area' was 'social living' in the topic of article according to newsbeat(p<0.05). Conclusions : These results suggest that it is necessary to publicity name, duty of dental hygienist in metropolitan newspaper officially.

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Commentary on the Seoul High Court's Judgement for the Formation and Performance of Contract for the International Sale of Goods (국제물품매매계약의 성립과 이행에 관한 서울고등법원의 판례평가)

  • Shim, Chong-Seok
    • Korea Trade Review
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    • v.43 no.4
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    • pp.27-50
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    • 2018
  • This study focuses on the judgement of Seoul High Court' regarding the formation and performance of contracts applying the CISG. The purpose of this study is to provide legal understanding to contracting parties involved in contract for the international sale of goods that can be considered in raising the understanding of the CISG within the scope of the subject. This study aimed at the legal validity of judgments, the defects in reason for judgments and legal standards that could be established. The main contribution of this study is summarizing the facts of judgments and arguments of the parties and furthermore, in accordance with the order, the judgment order of the court and the decision criteria of the application law, the CISG articles comment and interpretation on the formation of the contract, legal bases of fundamental breach of contract, termination of contract, concurrent fulfillment and other supplementary matters and so on.

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The Legal Effect of Criteria for the Medical Care Benefits and The Illegality Determination on Violation of Criteria for the Medical Care Benefits on Outpatient Prescription - A Commentary on Supreme Court Judgment 2009 Da 78214 Delivered on March 23, 2013 - (요양급여기준의 법적 성격과 요양급여기준을 벗어난 원외처방행위의 위법성 -대법원 2013. 3. 28. 선고 2009다78214 판결을 중심으로-)

  • Hyun, Dooyoun
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.123-164
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    • 2014
  • Under the new system of 'Separation of pharmaceutical prescription and dispensing' in Korea, which was implemented in 2000, physician could not dispense a medicine, and outpatient should have a physician's prescription filled at a drugstore. After pharmacist makes up outpatient's prescription, National Health Insurance Service(NHIS) pay for outpatient's medicine to pharmacist, except an outpatient's own medicine charge. And NHIS only pay for outpatient's prescription fee to physician and, physician doesn't derive profit from dispensing medicine in itself. Nevertheless, if physician writes out a prescription with violation of 'Criteria for the Medical Care Benefits', NHIS clawed back the payment of outpatient's prescription and medicine from the physician or the medical institution which the physician belongs to. In the past, NHIS's confiscation was in accordance with 'the National Health Care Insurance Act, Article 52, Clause 1'. But, since 2006 when the Supreme Court declared that there was no legal basis on the NHIS's confiscation of outpatient's medicine payment, NHIS had put in a claim for illegal prescriptions on the basis 'the Korean Civil law, Article 750(tort)'. So, Many medical institutions filed civil actions against NHIS. The key point of this actions was whether the issuing outpatient prescriptions with violations of Criteria for the Medical Care Benefits constitute of the law of tort. On this point, the first trial and the second trial took different position. Finally the Supreme Court acknowledged the constitution of the law of tort in 2013. In this paper, the author will review critically the decision of the Supreme Court, and consider the relativeness between the legal effect of Criteria for the Medical Care Benefits and the constitution of the issuing outpatient prescriptions with violations of Criteria for the Medical Care Benefits as the law of tort.

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A HS tariff classification service based on a knowledge convergence performance system supporting decision elements and field terms (결정요소 및 현장용어 지원 지식융합 수행 시스템 기반의 HS 관세분류 서비스에 관한 실증 연구)

  • Kim, Eunsoo;Song, ByungJun;Lee, Jong Yun
    • Journal of the Korea Convergence Society
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    • v.6 no.1
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    • pp.49-55
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    • 2015
  • In the FTA environment, it is necessary to comply with the rules of origin in order to receive duty-free benefits. To do this, they have to precede the Harmonized System(HS) tariff classification of the goods and understand thoroughly the basic principles that constitute the tariff schedule of HS classification. For the correct classification, they should understand exactly the product name of "Heading" about the items, "Legal Note" in the relevant "Section" or "Chapter" as well as provisions of the commentary. Therefore, this paper proposes to develop a HS classification services based on the performance system of knowledge convergence of field terms commonly used in various industries. In result, our services can provide users the conveniences which users first selects one of seven decision elements of the classification and perform the classification easily and accurately.

Multi-Agent Systems: Effective Approach for Cancer Care Information Management

  • Mohammadzadeh, Niloofar;Safdari, Reza;Rahimi, Azin
    • Asian Pacific Journal of Cancer Prevention
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    • v.14 no.12
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    • pp.7757-7759
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    • 2013
  • Physicians, in order to study the causes of cancer, detect cancer earlier, prevent or determine the effectiveness of treatment, and specify the reasons for the treatment ineffectiveness, need to access accurate, comprehensive, and timely cancer data. The cancer care environment has become more complex because of the need for coordination and communication among health care professionals with different skills in a variety of roles and the existence of large amounts of data with various formats. The goals of health care systems in such a complex environment are correct health data management, providing appropriate information needs of users to enhance the integrity and quality of health care, timely access to accurate information and reducing medical errors. These roles in new systems with use of agents efficiently perform well. Because of the potential capability of agent systems to solve complex and dynamic health problems, health care system, in order to gain full advantage of E- health, steps must be taken to make use of this technology. Multi-agent systems have effective roles in health service quality improvement especially in telemedicine, emergency situations and management of chronic diseases such as cancer. In the design and implementation of agent based systems, planning items such as information confidentiality and privacy, architecture, communication standards, ethical and legal aspects, identification opportunities and barriers should be considered. It should be noted that usage of agent systems only with a technical view is associated with many problems such as lack of user acceptance. The aim of this commentary is to survey applications, opportunities and barriers of this new artificial intelligence tool for cancer care information as an approach to improve cancer care management.

A Study on Radio Wave Management Regulations in the United States to Improve the Domestic Radio Wave Management System (국내 전파관리 제도 개선을 위한 미국의 전파관리규제에 대한 연구)

  • Yoon, Chan-Ho;Seok, Gyeong-Hyu
    • The Journal of the Korea institute of electronic communication sciences
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    • v.15 no.3
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    • pp.379-388
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    • 2020
  • The contents and scope of this study are to analyze the problems of the current radio service and radio station classification system, and to investigate the radio wave management cases in the United States to provide a reasonable and efficient radio wave management method. The results of this study can be used as basic data when revising the legal system regarding radio wave enforcement regulations, radio service and radio station classification standards. It is expected that in the future, a detailed commentary on the definition and classification system of new radio / radio stations will be prepared to increase policy compliance in practice, while contributing to enhancing the consistency and efficiency of radio station licensing and inspection.