• Title/Summary/Keyword: legal terms

Search Result 536, Processing Time 0.022 seconds

The Validity of Consumer Arbitration Agreement - Focusing on U.S. Cases - (소비자 중재합의의 유효성 - 미국판례를 중심으로 -)

  • PARK, Eunok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.77
    • /
    • pp.43-67
    • /
    • 2018
  • Arbitration is one of alternative dispute resolution systems which settle a dispute by arbitrators(private persons) based on a contract between contracting parties without a judicial litigation system involved. As a valid arbitration agreement is an essential requirement for commencement of arbitration, the first thing to be determined is whether there is a valid arbitration agreement or not when a dispute is submitted. A consumer arbitration agreement usually exists as an arbitration clause in an adhesive contract between consumers and a seller. When consumers buy a product from a seller, they are requested to agree on a general terms and conditions which are unilaterally drafted by a seller in advance. These terms and conditions are not negotiable because it is an adhesive contract and consumers are placed in "take-it-or-leave-it" position. Therefore, even though there is an arbitration agreement between consumers and a seller, it has to be carefully considered whether it has a legal effect or not. In this respect, a court will examine if an arbitration agreement has procedural unconscionability and substantive unconscionability. Therefore, as U.S is a well-advanced and arbitration-friendly country, this paper analyzes four U.S cases to find out (i) what a court considers, (ii) how a court examines and interprets procedural and substantive unconscionability and (iii) if there has been a change in regard to a court's decision. By doing so, it will provide some suggestions and guidelines for a consumer arbitration in Korea.

  • PDF

A Study on Utilization by the Demand Guarantee for the Underlying Contract Performance (기초계약이행을 위한 청구보증 활용에 관한 연구 - 청구보증의 성립과 지급청구 요건을 중심으로 -)

  • Jeon, Jae Woong;Yu, Kwang Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.61
    • /
    • pp.213-245
    • /
    • 2014
  • This study has significance in examining the formation requirements and notes for concluding the guarantee contract of minimizing interests and conflicts with the concerned parties by examining issues related to the legal relation and demand payment in the concerned parties and by figuring out the provisions of conformity related to the requirements for demand payment pertinent to the documentary provision in relation to characteristics of demand guarantee. What the concerned parties of using demand guarantee grasp the requirements for demand payment of being compliant with the essence and the guarantee condition of the demand guarantee will lead to possibly preventing a dispute caused by disagreement and being secured the fulfillment of underlying contract. To fulfill a underlying contract that is the objective of issuing the demand guarantee, an effort is needed that minimizes a contract-based risk and a cost by being fully aware of a relevant rule that will be recorded in the terms of payment in the demand guarantee, by reflecting the interests between the concerned parties, and by discussing the payment terms.

  • PDF

A Study on Parenting Education in the View of Lifelong Education -Focused on the Lifelong Education Act- (평생교육관점에서의 부모교육에 대한 고찰 -평생교육법을 중심으로-)

  • Kim, Eun-Joo
    • The Korean Journal of Community Living Science
    • /
    • v.22 no.3
    • /
    • pp.471-484
    • /
    • 2011
  • Recently, there has been an increase in the importance of parenting education within the society of life long learning. Parenting education should be dealt with in the view of lifelong education. This article focused on parenting education as outlined in the Lifelong Education Act. After analyzing the legal systems and the current limitations of the Lifelong Education Act in terms of parenting education, future directions were proposed. To do this, this article analyzed the Lifelong Education Act in relation to parenting education. Based on the relevant data, this article derived the following conclusions. First, it found that parenting education in terms of lifelong education that is available to anyone at anytime should be open for all parents. Second, parenting education should be clearly specified in the contents of the Lifelong Education Act. Third, the values of civic education such as dignity, consideration, and love should be included in the contents of parenting education programs. In addition, it is note worthy to comment that creative education has been important for future society. Forth, it is recommended to specify parenting education in the subject list of lifelong educator training programs in the lifelong education act. Finally, parenting education should be practiced in the various lifelong education institutions. Fundamentally, parenting education as Lifelong Education should be established not only for parent's benefits, but also for children's well-being.

Research on ITB Contract Terms Classification Model for Risk Management in EPC Projects: Deep Learning-Based PLM Ensemble Techniques (EPC 프로젝트의 위험 관리를 위한 ITB 문서 조항 분류 모델 연구: 딥러닝 기반 PLM 앙상블 기법 활용)

  • Hyunsang Lee;Wonseok Lee;Bogeun Jo;Heejun Lee;Sangjin Oh;Sangwoo You;Maru Nam;Hyunsik Lee
    • KIPS Transactions on Software and Data Engineering
    • /
    • v.12 no.11
    • /
    • pp.471-480
    • /
    • 2023
  • The Korean construction order volume in South Korea grew significantly from 91.3 trillion won in public orders in 2013 to a total of 212 trillion won in 2021, particularly in the private sector. As the size of the domestic and overseas markets grew, the scale and complexity of EPC (Engineering, Procurement, Construction) projects increased, and risk management of project management and ITB (Invitation to Bid) documents became a critical issue. The time granted to actual construction companies in the bidding process following the EPC project award is not only limited, but also extremely challenging to review all the risk terms in the ITB document due to manpower and cost issues. Previous research attempted to categorize the risk terms in EPC contract documents and detect them based on AI, but there were limitations to practical use due to problems related to data, such as the limit of labeled data utilization and class imbalance. Therefore, this study aims to develop an AI model that can categorize the contract terms based on the FIDIC Yellow 2017(Federation Internationale Des Ingenieurs-Conseils Contract terms) standard in detail, rather than defining and classifying risk terms like previous research. A multi-text classification function is necessary because the contract terms that need to be reviewed in detail may vary depending on the scale and type of the project. To enhance the performance of the multi-text classification model, we developed the ELECTRA PLM (Pre-trained Language Model) capable of efficiently learning the context of text data from the pre-training stage, and conducted a four-step experiment to validate the performance of the model. As a result, the ensemble version of the self-developed ITB-ELECTRA model and Legal-BERT achieved the best performance with a weighted average F1-Score of 76% in the classification of 57 contract terms.

Study on the Standardization of Korean Distribution Terminology through its Usage Survey (유통분야 전문용어 사용실태 조사를 통한 용어 표준화 연구)

  • Han, Kyu-Chul;Lee, Sang-Youn
    • Journal of Distribution Science
    • /
    • v.13 no.4
    • /
    • pp.77-87
    • /
    • 2015
  • Purpose - This study aims to investigate the current state of distribution terminology usage by retailers and consumers nationwide, and to suggest a practical improvement plan for its standardization. The Korean distribution industry is closely related to consumers' daily lives. However, in reality, there exists a gap among producers, distributors, and consumers in terms of the definition, understanding, and perception of the terminology. Therefore, standardizing this terminology is essential for more smooth communication. This paper suggests the necessity of committing overall research and survey activities to the actual conditions of using Korean distribution terminology by organizations and their respective management situations, and further, the necessity of probing the problem and its measures in line with the objective and mission of the "Fundamental Law of the Korean Language." Research design, data, and methodology - This study's scope is limited to wholesale and retail including some information systems. First, the study covers most written material including lexicons and glossary of distribution terminology, university textbooks and teaching material for national certificate of qualification, and related laws and ordinances. Second, the survey covers retailers' management situations by store format. The retailers used as the sample for the survey include department stores, discount stores, SSM, and convenience stores. Altogether, 20 specialists were interviewed in their respective sectors or retail formats. Finally, the project team surveyed a sample of 1,300 consumers nationwide on 50 distribution terms mainly used by consumers, including those about awareness, understanding, usage, and attitude. Results - In total, 1,249 terms are drawn through literature research including distribution terminology used in the related literature, glossary and lexicons, distribution terminology in textbooks, and legal terminology. A classified table comprises four large categories including general distribution, distribution marketing, distribution information, and merchandise. The results of the three-step research including literature survey, field survey of retailers, and consumer survey were advised to be screened by academia (retail associations, faculty etc.), retailers (major retail management by store format), retail specialists and consultants, consumers, and Korean linguists. In total, 1,300 questionnaires for 50 terms of the distribution terminology closely associated with consumers were distributed to subjects nationwide. Conclusions - The desired and expected results from this study are summarized from three perspectives as follows: First, from retailers' perspective, a new concept, or coinage of new terms of the distribution industry stems from advanced countries such as America and Europe. However, the original meaning and definition are diluted and distorted with changes in the language users' situations and context. This study provides basic guidelines for standardization of distribution terms used among various retail formats in most daily life situations that consumers encounter. Second, from the nation's perspective, this study suggests optimal choices of distribution terminology in the context of laws and ordinances regarding concerned Ministries. Last, from the consumers' perspective, this paper enables consumers to understand and use distribution terms properly in their daily life.

Safety and Risk Assessment of 3-Monochloro-1,2-propanediol (3-MCPD) (3-Monochloro-1,2-propanediol(3-MCPD)의 안전성 및 위해성 평가)

  • 이병무
    • Toxicological Research
    • /
    • v.18 no.1
    • /
    • pp.1-11
    • /
    • 2002
  • 3-Monochloro-1,2-propanediol(3-MCPD) is currently being a matter of concern because of its toxicity. 3-MCPD produced during the acid hydrolysis of soybean products has been reported to be mutagenic, neurotoxic, nephrotoxic and spermatotoxic. Howerer, the carcinogenicity of 3-MCPD is a controversial issue over the past several decades. 3-MCPD characteristically showed a variety of toxicities in reproductive system such as, decrease in sperm number and sperm motility, infertility, loss of sperm function, and weight decrease in ovary. Due to the toxicity of 3-MCPD, exposure to 3-MCPD has been proposed to be reduced to as low a level as technologically feasible. 3-MCPD can be detected in soy sauce or non-soy sauce products. The legal limit for 3-MCPD this year has been suggested to be 20 ppb($\mu\textrm{g}$/kg)in the European Community. In Korea, the permissible level of 3-MCPD is expected to be 0.3 ppm. In this study, 3-MCPD was toxicologically evaluated in terms of risk assessment in humans.

A Study on the Recognition for Food Caused by Broadcasting, through Big Data Analysis - Based on the incident of Giant Castella

  • Cho, Myunggeun;Oh, Jungjoo;Jung, Hyun;Lee, Hwansoo
    • Agribusiness and Information Management
    • /
    • v.9 no.1
    • /
    • pp.23-36
    • /
    • 2017
  • The incidents of garbage dumplings in 2004 and the report on giant castella are the examples that shows how big the influence of broadcasting on the industry is. There were discussions on the importance of securing the objectivity of broadcasting, however, the existing related researches have lacked the analysis of actual proof for the influence of broadcasting contents, and as that of the law and system was confined to theoretical arguments, there were not enough suggestions for realistic alternatives. In this paper, we will examine the influence of broadcasting contents on the food industry through an analysis of actual proof, and propose alternatives in terms of the law and policy for securing the objectivity and fairness of broadcasting, to solve this problem.

Some Strategies to Improve Recycling of Glass Bottles (유리용기의 재활용 증진을 위한 제도 개선 방안)

  • Chung, Jae-Chun;Chung, Won-Tae
    • Journal of the Korea Organic Resources Recycling Association
    • /
    • v.4 no.1
    • /
    • pp.83-98
    • /
    • 1996
  • Recently, signigicant interest is given to the recycling of glass bottles. This is because the importance of glass bottle recycling is growing in terms of resource conservation and waste minimization. In this paper, authors analyzed the present situation and problems in glass bottle recycling, summarized the recycling activity in foreign countries and suggested legal and institutional strategies based upon citizen's attitude survey to improve glass bottle recycling activity

  • PDF

A Study on the Related Laws and Regulations of the Neighborhood Facilities in the Residential Area (주거지역의 근린시설 관련법규에 관한 일 연구)

  • 김재경;안옥희
    • Proceeding of Spring/Autumn Annual Conference of KHA
    • /
    • 1996.11a
    • /
    • pp.29-38
    • /
    • 1996
  • The purpose of this study is to provide a basic information for the plan of neighborhood facilities as residential environment. For the purpose of this study, this paper is to investigate all criteria of neighborhood unit on the related laws and regulations, As a result, the legal criteria of neighborhood unit has come to no conclusion of terms(the neighborhood life facilities, the life benifit facilities, the neighborhood facilities, etc.) and ranges(the density of population, the number of floors, etc). Therefore a consistent neighborhood unit can be applied to the development plans of new cities as well as new residential areas for the future.

  • PDF

Incoterms 2010 and CISG (Incoterms 2010과 CISG)

  • Park, Nam-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.49
    • /
    • pp.43-59
    • /
    • 2011
  • Incoterms 2010 have been revised in line with the latest changes in contemporary commercial practice. An understanding of Incoterms 2010 is essential. The Incoterms rules on the use of domestic and international trade terms, facilitate the conduct of global trade. Reference to an Incoterms 2010 rule in a sale contract clearly defines the parties' respective obligations and reduces the risk of legal complications. In 1980 the United Nations Convention on Contracts for the International Sale of Goods(CISG) was introduced to create international certainty and uniformity in the law and to govern issues that arise in an international sale of goods transaction. This paper focuses on harmony and ability of the CISG and Incoterms 2010 to govern contracts for the sale of goods.

  • PDF