• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.71
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• pp.59-84
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• 2016

Among various export financing, Receivable Assignment is very important. Various countries make use of this method. But Korean law system have shortage of legal structure. This paper looks into Receivable Assignment relation to legal structure. And this paper analyze not only detail Korean civil law system about bond and receivable but also comparative other civil law system. Especially, Korean civil law of bond compare Germany civil law of bond or Japanese civil law of bond. In the context, This paper compares Korean civil law system about bond with International standard rule about bond. For example, It is UN convention on the Assignment of Receivables in International Trade and Principles of International Commercial Contract(PICC). This is good for the commercial party in terms of financing and receivable assignment. Thus this paper will establish Korean legal system direction. There are argument on method of making article and modifing article. The purposes of this paper is to examine revitalizing of Receivable Assignment. And this paper deals with improvement of International Commercial Activation.

• Journal of Korean Library and Information Science Society
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• v.48 no.2
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• pp.1-21
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• 2017

According to the library act, the regional central library is not only a public library but also a library representing the metropolitan municipalities in Korea. But the status and role of current representative libraries are so weak that they are nothing more than large public libraries. Focusing on realistic vulnerability, this study analyzed the major weaknesses and limitations of regional central libraries and suggested ways to normalize legal positions and operations in terms of revising and supplementing the library act, restructuring and strengthening the tasks to be performed, and expanding the manpower and operating organization directly connected with core competencies.

• Korea Trade Review
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• v.44 no.6
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• pp.1-21
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• 2019

In the case of a sea transport contract, the decision of the governing law, together with the choice of lex fori, shall be a legal issue in all legal disputes involving damage to the goods. In sea transport contracts, a paramount clause is often established in conjunction with the governing law clause, which can lead to conflict between these two clauses. Most B/L's back clauses contain a paramount clause that provides that the Hague Rules, Hague-Visby Rules, or foreign laws that prevail over other provisions of the terms. The Hague Rules and the Hague-Visby Rules, however, set different standards regarding the extent of the sea carrier's liability. Therefore, in the interpretation of ground conditions, it is an important question whether the Hague Rules or the Hague-Visby Rules are applied or whether each rule is applied as a law. For example, the paramount clause in the Superior Pescadores case was problematic in the interpretation of the term 'Hague Rules.' In this case, the English Court held that the expression 'Hague Rules' could be used to mean the Hague-Visby Rules, and not exclusively the Hague Rules. Therefore, the Hague-Visby Rules were applied in the judgment of this case, which suggests that this case can be a valuable precedent in future legal matters.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.61
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• pp.57-90
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• 2014

International sales contract, in general, is concluded through the exchange of written forms which contain each of their own business terms and conditions among the contractual parties. To illustrate, A sends the other an offer on A's general terms and conditions of business and B accepts the offer subject to the use of B's own general terms and conditions. Where the two sets of terms and conditions do not coincide, the question may arise whether the parties(A and B) have contracted and, if so, whose general terms and conditions apply. This situation is referred to as "the battle of forms". This article would try to make, in terms of the battle of forms, a comparison between the classical perspectives and opinions which are based on the principle of the English Common Law and the modernistic perspectives and opinions which are applied to the provisions in the UCC, CISG, and PICC. Therefore, the aim of this article is to provide the increase self-consciousness with respect to the battle of forms between the contractual parties that may frequently happen in the international business transactions and will pave the way for further research in the future.

• Journal of the Korean Society of Industry Convergence
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• v.11 no.2
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• pp.49-58
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• 2008

This study aims to identify the structure and system to make close relationship among planning elements, legal regulation and evaluation index toward sustainable development in the ecological housing estate. Through these close relationships the ecological housing estate could get more sustainability. With this consideration, this study consists of following three parts. First, we review the key issues of sustainability in ecological housing which are focused on the energy-efficient planning. Second, we extract the planning elements, legal regulation and evaluation index using the qualitative system dynamics that is found out all phenomenons from viewpoint of closed loop thinking and circular feedback system. Third, we analyse the correlationship among them in terms of energy efficient planning in the ecological housing estate. Finally, we summarize the findings toward sustainability in ecological housing estate through these analysis.

• Journal of the Ergonomics Society of Korea
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• v.34 no.3
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• pp.265-278
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• 2015

Objective:To study the sources of indoor noise, its effects on human health, noise assessment and regulation through the use of standards, and techniques used to reduce noise. Background: Noise significantly affects the living environment, and there are an increasing number of reports of its impacts on human health. Method: We reviewed domestic and foreign data regarding environmental noise, and examined its effects and the standards used to regulate noise levels. Results: We describe the major sources of indoor noise and suggest possible legal standards, as well as recommended criteria for the control of noise. Conclusion: South Korea has higher legal standards of environmental noise than international standards in terms of threshold values. People in Korea are exposed to various sources of noise, and therefore the reduction of noise is urgently required. Application: Depending on the features of indoor spaces, an appropriate degree of indoor noise can be determined and techniques to reduce excess noise are required.

• The Korean Journal of Franchise Management
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• v.10 no.2
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• pp.7-18
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• 2019

Purpose - This paper attempts to provide an understanding of practice of franchising in eight countries - USA, UK, Australia, Brazil, China, Malaysia, South Africa and Nigeria. The bases of the review are: number of systems and outlets, employment generation, annual turnover, GDP contribution, legal and regulatory frameworks and country-specific franchise business practice nuances. Research design, data and methodology - the paper is descriptive, highlighting elements of the business practice that distinguish one country from another. Documentary data - mainly industry publications supplemented by empirical literature - was used for the review. Result - Although there are commonalities in the technical design and implementation of franchise business practice - especially the business model type - differences exist in terms of legal and regulatory frameworks guiding the industry across the eight countries studied. Conclusion - There are no two countries that have the same franchise practices. Franchise markets in the developed, and to some extent, the emerging economies have saturated. Franchise markets in African countries are at infant stage and thus, these countries are strategizing to attract foreign brands into their domains.

• The Journal of Economics, Marketing and Management
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• v.6 no.1
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• pp.25-30
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• 2018

Purpose - This paper mainly studied the role of the logistics legal system in promoting international transport logistics, building marine economy international cooperation demonstration zone and deepening the economic and financial cooperation etc between China and Korea. Research design, data, and methodology - The study conducted a survey on China and Korea's 2012-2017 years data. After empirically analyzing the data, we believe that cultural industry in Korea and China will maintain its growth momentum. Results - This study explored the way to establish an integrated logistics system between China and Korea to match the e-commerce certification system, online payment system and logistic distribution, thereby gradually promoting economic development and logistics integration in Asia. Conclusions- China-Korea FTA can encourage private flow to take on enterprises. In terms of improving logistics efficiency, reducing logistics costs and establishing a unified logistics industry standardization system. This will accelerate logistics industry integration in Northeast Asia, build a unified logistics management center in Northeast Asia, and promote a new model of integrated logistics cooperation in Northeast Asia. Therefore, it has a practical and reference significance.

• Journal of the Korea Society of Computer and Information
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• v.25 no.1
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• pp.187-198
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• 2020

In this paper, We purpose an improvement plan for the settlement of smart contracts into legal norms through the recognition of the norms of blockchain-based smart contracts and the main influence factors on the norms of smart contracts. First, in terms of the normative necessity of smart contracts, legal protection against technical errors, government-level public relations education, and basic laws governing smart contract business are needed. Second, the contract norms will be accepted by the contract norms based on the blockchain designed to make the responsible material clear in terms of smart contract usability. Third, in terms of regulation of smart contracts, it can be seen that smart contracts are subsumed from existing laws or considering new legislation, but the norm of smart contracts cannot be prioritized over ease of use.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.7-35
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• 2002

In many international financing transactions Korean companies are required to issue a guarantee. Thus far, however, legal issues on international guarantees have not been fully discussed in Korea. This is partly because most of the international guarantees are governed by a foreign law such as English law or the laws of the State of New York. In this articles the author examines major concepts or terms and conditions of a typical international guarantee, e.g., language on consideration, primary obligor, joint and several guarantee, unconditional and irrevocable guarantee, continuing guarantee, right of subrogation, representations and warranties, covenant or undertaking, currency indemnity, assignment, participation, governing law and jurisdiction clause, etc. For reference, standard forms of a guarantee and a standby letter of credit are attached to the article. In examining the terms and conditions, the author compares them with similar or equivalent concepts under Korean law. The author further discusses some Korean law issues that may arise under international guarantees governed by a foreign law. These issues include the application of the ultra vires doctrine under Article 34 of the Civil Code of Korea, the validity of an international guarantee which a Korean company has issued in violation of the guarantee ceiling set under Article 10 of the Law on Monopoly Regulation and Fair Trade of Korea and the validity of an international guarantee which a Korean party has issued in violation of the Foreign Exchange Transaction Law. In addition, the author discusses some issues under a so-called independent guarantee and a standby letter of credit. In this regard, reference is made to the Uniform Rules for Demand Guarantee (URDG), International Standby Practices (ISP98) and the Convention on Independent Guarantees and Stand-by Letters of Credit adopted by the United Nations in 1995. Finally, the author examines major terms and conditions of typical comfort letters and discusses some legal issues, such as the binding force of the comfort letter. In dealing with the issues the author underscores that to the extent the issues are not properly dealt with by an international norm such as Uniform Customs and Practice for Documentary Credits or ISP 98, the issues must be analyzed by reference to the governing law of the relevant instrument.