• Title/Summary/Keyword: legitimacy

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A Case Study on Final Voyage of the Time Charter (정기용선계약의 최종항해에 대한 사례연구)

  • Yeo, Seong-Gu
    • Journal of Korea Port Economic Association
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    • v.21 no.4
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    • pp.75-101
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    • 2005
  • Every time charter must have a final terminal date, that is a date by which the charterer is contractually obliged to redeliver the vessel. Where the law implies a margin or tolerance beyond an expiry date stipulated in the charter party, the final terminal date comes at the end of such implied extension. When the parties have agreed in the charter party on the margin or tolerance to be allowed, the final terminal date comes at the end of such agreed period. But the nature of a time charter is that the charter is for a finite period of time and when the final terminal date arrives the charterer is contractually bound to redeliver the vessel to the owner References to delivery and redelivery are strictly inaccurate since the vessel never leaves the possession of the shipowner, but the expression are conventionally used to describe the time when the period of the charter begins and ends. The legitimacy or otherwise of what is to be regarded as a vessel's final voyage must be judged at the time when the charterers give an order for the vessel to carry out the voyage in question, and then by reference to what they order her to do. The purpose of this paper aims to analyse cases on the final voyage of time charter, and specially to explore implications of the final voyage in time charter through the Gregos case.

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A Study on the Relation between King Hyeonjong's Diseases and the Controversy about the Confucian Funerary Rituals (조선 현종의 질병과 예송논쟁의 관계에 대한 연구)

  • Lee, Sang-Won;Cha, Wung-Seok
    • The Journal of Korean Medical History
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    • v.24 no.1
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    • pp.17-30
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    • 2011
  • King Hyeonjong, the 18th king of the Chosun Dynasty, reigned for 15 years. During his reign, he underwent a political incident named the Controversy about the Confucian Funerary Rituals. This incident was carried out 2 times: 1 time during early days of his reign and 1 time during later days. Although it started out as a trivial dispute over the period Queen Dowager Ja-eui(stepmother of King Hyojong, Hyeonjong's father) had to wear a mourning dress, it advanced to a political incident concerning the acknowledgement of King Hyeonjong's legitimacy and political pride of the king and the vassals. Although existing researches focus on the historical context of this incident, this study focuses on the relationship between this incident and King Hyeonjong's disorders. During the First Controversy about the Confucian Funerary Rituals, King Hyeonjong was treated for various symptoms concerning hypochondria. During the Second Controversy, he suffered from septicemia as well as diabetic complications. This study is based on the texts of "The Daily Records of Royal Secretariat of Chosun Dynasty".

Progress in the Direct Application of Pharmacogenomics to Patient Care: Sustaining innovation

  • Frueh, Felix W.;Lesko, Lawrence J.;Burckart, Gilbert J.
    • Biomolecules & Therapeutics
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    • v.15 no.1
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    • pp.1-6
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    • 2007
  • The application of the knowledge from the Human Genome Project to clinical medicine will be through both industrial drug development and the application of pharmacogenomics (PG) to patient care. The slow uptake of clinical innovations into clinical practice can be frustrating, but understanding the history of acceptance and sustaining medical innovation is critically important to position PG to succeed. This primarily means that PG tests must have legitimacy; they must be thoroughly validated, must be cost-effective, must be widely accepted by medical practitioners, must be supported by public policy, and must have a way of being easily incorporated into current medical practice. They must also lead to actionalble decisions by health care providers for their patients. Innovative PG assays should be tested in the best US laboratories, and reimbursement for testing must be accepted at the federal and state level. The companies providing these PG tests should be capable of sup-porting the interpretation and use of the test throughout medical practice. Advances such as the addition of PG information to drug labeling and the routine use of validated biomarkers to determine choice of cancer chemotherapy have been made. The PG research community must pay attention to the principles that have been previously described for acceptance and sustaining medical innovations in order for PG to be widely accepted in clinical medical practice.

Problems and its Remedy of the New Citizen Participation in Criminal Trial (국민참여재판의 문제점과 개선방안)

  • Jeong, Byeong-Gon
    • The Journal of the Korea Contents Association
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    • v.11 no.12
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    • pp.250-257
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    • 2011
  • 3 years and 10 months has passed since the New Citizen Participation in Criminal Trial was first enforced to secure reliability of people by reinforcing democratic legitimacy of jurisdiction and raising transparency. It can be evaluated positive in that procedural democracy as well as fair and prudent trial is realized, enabling people to participate at criminal justice procedure. However, new citizen participation in criminal trial targets only a very few case and recognize hortatory effects of jury's verdict only, not the binding effects. In addition, it still has various problems including limit to target cases, selection system of defendants, exclusion determination system, participation of conference of the judge and verdict by majority vote of the jury. In this regard, this study aims to examine several issues and problems, and to present alternative for this.

The Necessity for Introduction of ICSID Appellate System (ICSID 상소제도의 도입 필요성)

  • Kim, Yong Il
    • Journal of Arbitration Studies
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    • v.29 no.4
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    • pp.187-210
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    • 2019
  • This article examines the necessity for the introduction of an ICSID Appellate System. In comparison with the WTO appellate system, the ICSID ad hoc Committee has a very limited mandate. An annulment inquiry under the ICSID arbitration system barely focuses on whether the arbitral decision resulted from a justifiable process. As long as there is procedural legitimacy, the resulting awards remain unaffected under the annulment procedure, irrespective of mistakes of fact or law. In contrast, in the WTO DSS the AB substantively reviews panel rulings and suggestions that are founded on any deficiency of objectivity or error in the interpretation of a particular WTO provision. This defect intrinsic in the annulment procedure could cause injustice to a party earnestly interested in correcting recognized misapplication of law by ICSID tribunals. Accordingly, the establishment of an appellate system would result in a more substantive and procedural review of awards. The creation of such an ICSID appellate system would ensure thorough scrutiny of the decisions of the tribunal of first instance, leading to better reasoned outcomes. This could lead to a crystallization of predictability in investment relations. The end result would be that fairness, clarity, reliability, and legality in the ICSID adjudicative process would be unassailable, to the advantage of all the contracting parties.

Remote Login Authentication Scheme based on Bilinear Pairing and Fingerprint

  • Kumari, Shipra;Om, Hari
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.9 no.12
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    • pp.4987-5014
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    • 2015
  • The bilinear pairing, also known as Weil pairing or Tate pairing, is widely used in cryptography and its properties help to construct cryptographic schemes for different applications in which the security of the transmitted data is a major concern. In remote login authentication schemes, there are two major requirements: i) proving the identity of a user and the server for legitimacy without exposing their private keys and ii) freedom for a user to choose and change his password (private key) efficiently. Most of the existing methods based on the bilinear property have some security breaches due to the lack of features and the design issues. In this paper, we develop a new scheme using the bilinear property of an elliptic point and the biometric characteristics. Our method provides many features along with three major goals. a) Checking the correctness of the password before sending the authentication message, which prevents the wastage of communication cost; b) Efficient password change phase in which the user is asked to give a new password after checking the correctness of the current password without involving the server; c) User anonymity - enforcing the suitability of our scheme for applications in which a user does not want to disclose his identity. We use BAN logic to ensure the mutual authentication and session key agreement properties. The paper provides informal security analysis to illustrate that our scheme resists all the security attacks. Furthermore, we use the AVISPA tool for formal security verification of our scheme.

Is It Necessary for Government to Recruit Professional Social Welfare Workers? (사회복지 전담 공무원 제도 과연 필요한 것인가?)

  • Song, Keun-Won
    • Korean Journal of Social Welfare
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    • v.48
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    • pp.271-301
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    • 2002
  • This paper is to provide the legitimacy of the recruit system of professional social welfare workers in public sector with government by analyzing the evaluation results of the supervisors. In order to evaluate the public welfare workers recruit system, 500 supervisors are selected randomly from the universe of 2,880 supervisors working in the public welfare field. They are not a professional social worker, but an administrative supervisor in hierarchical structure. Among them 302 supervisors give their views on the recruit system, social welfare workers' job achievement, job attitude, ability, and professional values. They assess the workers' job achievement very positively, which are affected by job attitude, ability, and professional values. They agree that it is very valuable to exist the recruit system of professional social welfare workers in public sector, because it has contributed to increasing the workers' job achievement level in the public welfare field. This study concludes that it is successful to adopt the recruit system of social welfare workers in public sector, and suggests that the system be developed further in public welfare field. Besides, this paper insists that professional public welfare workers recognize that they are one of the members of the organization and they work together with administrative staffs.

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Application of Standard of Review for Safeguard Measure (세이프가드조치의 적법성 평가를 위한 심사기준의 적용에 관한 연구)

  • Lee, Eun-Sup;Kim, Sun-Ok
    • International Commerce and Information Review
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    • v.9 no.2
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    • pp.307-325
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    • 2007
  • Examining the standards of review adopted by the dispute settlement body of the WTO in its decision on safeguard measures, the Appellate Body offers no coherent guidance or theory as to the legitimation of the safeguard measures adopted by the domestic authorities. It faults the lack of reasoned and adequate explanation in the national authorities' decision to impose safeguard measures, yet its own explanation of the permissible role for safeguard measure could hardly be less instructive. The Appellate Body has consistently emphasized fidelity to text in its decision but that approach can not work properly when the text is fundamentally deficient from the viewpoints that neither Article XIX nor the safeguard Agreement establish a coherent foundation for safeguard measures due to their vague and abstract provision. Without any coherent theory on guidance as to the legitimation of the safeguard measures, it would be absurd to expect WTO members to produce a reasoned and adequate explanation as to how their safeguard measures are in compliance with the WTO roles. In the absence of a thorough renegotiation for the proper operation of the WTO safeguard system, which seems quite unlikely for the foreseeable future, perhaps the unique method out of the current predicament is for the Appellate Body to lead a movement in establishing a sensible common law of safeguards, drawing on extra-textual guidance including the standards of review about their proper role in the WTO safeguard mechanism.

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The Role of Rural Revitalization Support Centers in Facilitating Community Innovation in Korea (지역사회 혁신을 촉진하기 위한 농촌활성화지원센터의 역할)

  • Im, Sang Bong
    • The Korean Journal of Community Living Science
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    • v.25 no.1
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    • pp.39-49
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    • 2014
  • This study identifies the necessity and importance of innovation in rural communities and highlights the role of rural revitalization support centers in facilitating the diffusion of community innovation. The study provides a literature review and employs the survey method to verify the arguments. There is an urgent need for rural communities to be distinct, attractive, and competitive in the wake of globalization. It is clear that they must recognize the need to facilitate innovation under growing trends toward trade liberalization, environment-oriented life styles, diversified consumer needs, and a knowledge-based society. The results provide support for the legitimacy of establishing rural revitalization support centers to help community leaders and local stakeholders develop their communities. More specifically, rural communities should employ R&D outcomes from diverse fields and capacity building by community members, leaders, and local governments to foster sustainable growth by overcoming limitations in spatial access and resources. The results suggest that rural revitalization support centers can be established as intermediary organizations that can be operated to facilitate community innovation in rural development. In addition, these centers should play key roles such as empowering communities, facilitating region-specific rural development policies, motivating R&D applications for rural development, encouraging rural development networks. Further, close attention should be paid to facilitate mutual learning by expanding networks and interactions between these centers.

Verification of Validity of Governing Factors in High Accurate Prediction of Welding Distortion (용접변형의 고정도 예측을 위한 지배인자의 정당성 검증)

  • Lee, Jae-Yik;Chang, Kyong-Ho;Kim, You-Chul
    • Journal of Welding and Joining
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    • v.31 no.5
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    • pp.7-14
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    • 2013
  • The legitimacy of dominating factor in the high accuracy prediction of welding distortion was investigated for butt welding and fillet welding. When out-of-plane distortion was measured by the experiment objecting to butt welding, if tack welding was easily performed, the position of a neutral axis was variously changed by the irregularity. Then, there have been a case that out-of-plane distortion was generated in the unexpected direction. This case should be especially noted. New model for the experiment was proposed so as to solve this problem. As it was elucidated by the case of fillet welding, it was verified that the analysis should be carried out with satisfying the yield condition (especially at high temperature above 700 degree Celsius) and with closely simulating the penetration shape (heat input in weld metal) in order to solve the proposition that is the high accuracy prediction of welding distortion. It was confirmed that residual stress is highly predicted because welding distortion is highly predicted, too.