• 제목/요약/키워드: obligation

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유럽공통매매법(CESL)상 계약의 종료단계에서의 법적 기준 - CISG와의 비교를 중심으로 - (Legal Bases for the Termination of a Contract under Common European Contract Law)

  • 심종석
    • 무역상무연구
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    • 제67권
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    • pp.23-47
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    • 2015
  • European Commission drafted and proposed the Common European Sales Law(CESL) to the European Parliament for the realization of a uniform set of international private law rules within the EU internal market. Since its purpose is for free international commercial activities for the sale of goods, for the supply of digital content and for related services, it was proposed to enable EU Member States to adopt or supplement as their substantive law according to their options. This study is relate to the legal bases on termination of a contract under CESL, they are composed of three parts: damages and interest, restitution and prescription. Damages and interest are divided into damages, general provisions on interest on late payments, and late payment by traders. Damages are explained by dividing into right to damages, general measure of damages, foreseeability of loss, loss attributable to creditor, reduction of loss, substitute transaction, and current price. Restitution is described by dividing into restitution on revocation, payment for monetary value, payment for use and interest on money received, compensation for expenditure and equitable modification. Prescription is explained by dividing into general provisions, periods of prescription and their commencement and extension of periods of prescription. General provisions explain right subject to prescription into a right to enforce performance of an obligation and any right ancillary to such a right. Regarding period of prescription, the short one is two years and the long one is ten years. However, in the case of a right to damages for personal injuries, period of prescription for such right is thirty years. Regarding commencement, the short one begins to run from the time when the creditor has become, or could be expected to have become, aware of the facts as a result of which the right can be exercised, while the long one begins to run from the time when the debtor has to perform. However, in the case of a right to damages, the CESL clarifies that it begins to run from the time of the act which gives rise the right.

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기업특성에 따른 판매관리비가 기업 가치에 미치는 영향 (The Impact of Sales and Management Expenses on Firm Value)

  • 손정근;배기수
    • 경영과학
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    • 제34권1호
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    • pp.71-84
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    • 2017
  • The purpose of this study is to extract the characteristic cost through the time series analysis of each cost from 2003 to 2014, and to grasp the performance and relevance of the enterprise. Therefore, in this section, we analyzed the time-series analysis of selling, administrative, and non-operating expenses as described above. First, depreciation cost, advertising cost, transportation cost, research cost, current research cost, and ordinary development cost were extracted as the variables of interest to be verified in the empirical analysis. However, in the analysis of non-operating expenses, we could not extract the specific cost, but we could grasp the time-series flow of cost data before and after two epochs such as financial crisis and introduction of IFRS obligation. The results of this study show that sales management costs have a positive (+) effect on firm value. Empirical analysis confirms that management is trying to increase or decrease the cost This can be confirmed by the empirical results of this paper. At present, general enterprise accounting is done through ERP system. However, since the ERP system does not have an analysis system for each sales and management cost, the current system has difficulty in knowing the budget item for each cost each time the expenditure resolution for each cost item is made, It is a reality that the expenditure plan must be managed separately and it is inconvenient to keep it. However, if this practical difficulty is solved by the cost analysis system such as sales management cost, the present accounting information system will be further developed. Furthermore, the management will increase the profit item It is thought that coordination actions can also be prevented in advance.

조선시대 규방문화와 침선소품에 관한 연구 (A Study on the Kyubang Culture and Sewing Craft-works in the Chosun Dynasty)

  • 이미석;이선재
    • 복식
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    • 제52권8호
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    • pp.87-98
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    • 2002
  • Recently, we consist in the crucial juncture have to develope culture goods which is worth standing for our nation's endemism. In this vein, this study tried to reproduce and apply it to the present time by the consideration of various elements such as the kind, the use and the fabrication of sewing craft-works was beloved in women's quarter called Kyubang in the Chosun dynasty. With this, this study was designed to develope craft-works which can make an appeal to foreigners with the merits between contemporary factor and traditional factor. The findings of this study were as follows; First, since economic system in the Chosun dynasty was based on home handicrafts and self-sufficiency, it was a commonplace of the Chosun dynasty that home industry such as sewing, spinning and sericulture was thriving among all the women without social ladder. And also, since women of the day were governed by confucian tradition and moral obligation, they mainly have to live in women's quarter called Kyubang restricted to visitors. For the reasons, Wives of the time have no choice but to spend their time by sewing in the promotion of virtues for woman. In additions, they made an effort to pray for the longevity, the wealthy and the fertility of their family members. Second, the sewing instruments is necessary for women's sewing. And also, since sewing instruments was considerably scientific, efficient in those shape and structure, this instruments could save wives a lot of trouble. Third, since many people were convinced of the functions as practicality as well as fanciness, the sewing craft-works were very useful to them in leading their daily life. Fourth, the reappeared works were a total of 22, and the applied works were a total of 17.

고위험 유전성 유방암을 지닌 한국계 미국 여성의 질병경험 (Experiences of Korean-American Women with High Risk Hereditary Breast Cancer)

  • 최경숙;전명희
    • 종양간호연구
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    • 제12권2호
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    • pp.175-185
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    • 2012
  • Purpose: This micro-ethnographic study aimed to understand coping experiences of Korean-American (K-A) women after diagnosis with breast cancer due to a hereditary gene mutation. Methods: Participatory observation and in-depth interviews were performed at one breast cancer screening center in Southern California, in 2005 with eleven first generation K-A immigrant women. All transcribed interviews and field notes were analyzed using ethnographic methodology. Results: K-A women's experience varied based on acculturation risk factors including: limited English speaking ability; disrupted family relationships, individualistic family values, or intergenerational communication barriers; lack of Korean speaking nurses; and Korean physicians' who lacked knowledge about hereditary breast cancer risk. These risk factors led to isolation, loneliness, lack of emotional and social support. In comparison to Korean homeland women in a similar medical situation, these K-A immigrants felt disconnected from the healthcare system, family support and social resources which increased their struggling and impeded coping during their survivorship journey. These women were not able to access self-support groups, nor the valuable resources of nurse navigator programs. Conclusion: Professional oncology associations for nurses and physicians have a moral obligation to support and promote knowledge of hereditary cancer risk and self-help groups for non-native speaking immigrants.

국내 신문의 '스캔들' 보도 프레임 분석 : 실재의 사회적 구성 논의를 중심으로 (Analysis of the 'Scandal' News Frame : Based on the Social Construction of Reality)

  • 최믿음;태보라
    • 한국콘텐츠학회논문지
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    • 제17권8호
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    • pp.98-109
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    • 2017
  • 대중매체는 정치인, 연예인, 저명 기업인과 같은 공인에 대한 소식을 대중에게 전달한다. 그러나 대중이 판단하고 평가하는 공인의 모습은 실재(實在)가 아닌 미디어에 그려진 모습에 불과하다. 사람들은 객관적으로 존재하는 실재를 인식하는 것이 아니라 사회적으로 정의된 주관적 실재를 인식하며 살고 있는 것이다. 이 연구는 공인을 다루는 언론 보도 프레임을 분석함으로써 우리 사회에서 어떠한 집단, 계층이 공인으로 규정되고 있는지, 공인에게 요구되는 역할과 의무는 무엇인지, 공인의 행동의 옳고 그름을 판단하는 기준은 무엇인지 살펴보았다. 이를 위해 언론이 인간이 연루된 부도덕하고 불명예로운 사건 즉, 스캔들을 보도하는 방식을 분석하였다. 연구결과 언론은 정치인, 방송인을 공인으로서 가장 많이 언급하고 있었고 정치인의 경우 업무/자질과 관련된 스캔들을, 방송인은 윤리적 문제와 관련된 스캔들을 가장 비중 있게 다루고 있었다. 이밖에 국내 신문이 활용하고 있는 스캔들 기사의 보도 프레임을 다각적으로 분석하고 해석함으로써 언론보도가 수용자의 사회적 실재 구성 과정에 미칠 수 있는 영향을 가늠해보았다는 데에서 본 연구의 의의를 찾을 수 있다.

온실가스 감축사업에 대한 정부 지원 정책 효과 분석 (A Study on the Effects of Governmental Support on KERRP: Case of Descending Clock Auction)

  • 장원익
    • 자원ㆍ환경경제연구
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    • 제16권4호
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    • pp.923-946
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    • 2007
  • 지구온난화에 따른 온실가스 감축이 국가적인 관심사로 대두됨에 따라, 정부는 기후변화협약에 대응하기 위하여 온실가스 감축사업에 대한 다양한 지원 정책을 추진하고 있다. 본 연구의 목적은 온실가스 감축사업에 대한 정부 지원 정책들 중에서 경매 방식에 의한 지원의 경제적인 효과를 분석하는 것이다. 분석 결과, 경매 방식에 의하여 50억 원의 예산으로 온실가스 감축사업을 지원할 경우, 톤당 8,000원씩 총 61만 2,000톤의 온실가스 저감량에 대한 지원이 가능한 것으로 나타났다. 또한 감축사업으로 인한 부가적인 수익인 에너지 절감액을 감안할 경우에는 전체41개 저감사업으로 인한 총 저감량인 101만 톤에 대하여 톤당 4,900원의 지원이 가능한 것으로 나타났다. 이러한 정부 지원 정책은 온실가스 감축을 유도하여 향후 직면하게 될 온실가스 감축 국가 의무를 달성하기 위한 학습효과의 습득이라는 차원에서 그 의미가 있다고 할 것이다.

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국제가맹계약시 당사자의 주요의무에 대한 소고 (A Study on the Main Obligations in Entering into the International Franchising Agreement)

  • 이규창;박종삼;김재성
    • 무역상무연구
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    • 제51권
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    • pp.465-495
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    • 2011
  • Domestic franchised businesses have been showing relatively fast growth, but the growth is expected to slow down as in those developed countries. In face of this changing market environment, domestic franchisers will have to turn their eyes abroad to achieve sustainable growth. On the other hand, more international franchisors could pursue expanding into the Korean market due to economic or strategic reasons in their home countries. In general, enterprises are faced with several barriers when entering foreign markets by franchising their operation. Issues relating to such entry barriers can be broadly classified into legal and managerial. To begin, international franchising necessitates enterprises to handle various aspects of legal issues. There are no internationally unified rules for franchise agreements as in international goods purchase contracts. This forces franchisors to have deep knowledge of concerned regulations and practices of each of the individual target countries, in particular franchising practices which differ from those of their own countries in terms of rights and obligations of the involved parties. Having regard to this situation, this study reviewed the EU's PEL CAFDC and other domestic and overseas regulations governing franchising. From the results, several contractual obligations were derived that need to be taken into account when handling the issues around the international franchise agreement. In closing this paper mainly having in mind enterprises in various business lines seeking to expand into international franchising, some unmet needs are worth commenting. First, there is an urgent need to establish practical guidelines along with the model agreement addressing the issues of international franchising in the absence of any unified international rules. Second, to meet the first need above, it is needed that the relevant authorities conduct a comprehensive review of the existing franchising regulations available across overseas countries and, based on the results, embark on gathering good common elements in the existing franchising regulations in individual countries, ultimately developing the best possible guidelines and examples.

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개인정보보호법 기반 디지털 포렌식 수사 모델 연구 (Study on Digital Investigation Model for Privacy Acts in Korea)

  • 이창훈
    • 한국항행학회논문지
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    • 제15권6호
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    • pp.1212-1219
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    • 2011
  • 최근 개인정보보호법이 시행됨에 따라 국내 기업의 개인 정보 관리에 대한 안전 조치 의무의 요구가 높아지고 있으며, 이는 곧 개인정보의 수집, 이용, 제한, 관리, 파기 등과 같이 개인정보 처리에 대한 구체적 규제 조항에 따른 기술적 대응이 필요하고 있다. 이에 따라 기업에 대한 침해 사고가 발생하였을 경우, 개인정보 관리체계가 올바르게 동작하도록 운영되었는지 확인할 수 있도록 안전 조치를 취해야 하며, 이를 확인할 수 있는 구체적인 준비 과정이 수행되어야 하므로, 이는 곧 디지털 포렌식 수사 모델의 첫 번째인 조사 준비 단계에 해당한다. 또한 현장에 출동한 조사팀은 이러한 조치 행위가 올바르게 수행되었는지 점검할 수 있도록 적절한 조사를 수행해야 하므로 이는 현장 대응 단계와 관련이 있다. 본 논문에서는 디지털 포렌식 수사 모델의 조사 준비 및 현장 대응 단계에 대하여 개인정보보호법 이행 및 점검을 위해 보완해야 할 점은 무엇이고, 이를 통해 개인정보보호법에 대응하는 디지털 포렌식 수사모델의 개선 방안을 제시한다.

보건진료원(保健診療員) 훈련생(訓練生)의 제특성(諸特性) 및 교육실태(敎育實態) 분석(分析) - 1982년도(年度) 보건진료원(保健診療員) 훈련생(訓練生)을 대상(對象)으로 - (Analysis of the Status of CHP Trainees and the Management of CHP Training Course)

  • 황나미;김정태
    • 농촌의학ㆍ지역보건
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    • 제7권1호
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    • pp.57-65
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    • 1982
  • A special law on health care for rural areas was enacted, as of Dec. 31, 1980, in order to provide effective health care service in rural areas through the primary health care approach. The implementation of the PHC developed the CHP(Community Health Practitioner) and provided the training program lasted 24 weeks. The qualification of CHP is a registered nurses or midwivies. This study was conducted in order to analyze the characteristics of trainees of CHP and training environments. The data was collected from personal questionnaire by means of mailing. Respondent was 338 out of 356 trainees. The summary of the findings are as follows : 1) The 38.0% out of trainees is 25-29 years of age (minimum : 20, maximum 55, mean : 30.3). 2) The 59.0% of respondent come from county area and the 52.5% are married. 3) The 61.0% didn't receive any in-service education. 4) In their experience related to health care service, the 29.8% of them experienced during 4 year 6 year and the 50.8% of the holders in experience was engaged in clinical field. 5) As to motivation of application of CHP, the 55.1% respond to "Independently workable" and the 35.1% respond to "Worthwhile". 6) The 45.1% got any information sources on CHP from Newsletter of KNA. 7) The 46.8% of respondent showed that instructor had utilized both teaching materials and reference book. 8) During the training, the 49.4% stayed at own house but the 35.0% stayed with lodgings and flat. 9) The 52.8% of trainees comment on very short of living allowance. 10) The 19.3% of respondent is willing to serve as CHP for ten years or more, but the 42.1% respond to serve for obligation namely 2 years. This study result could be utilized as a basic data for improving the CHP training program and management of the CHP's field activity in the future.

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국제상사중재(國際商事仲裁)에서 UNIDROIT 원칙(原則)의 적용가능성(適用可能性) (The Applicability of he UNIDROIT Principles in Interactional Commercial Arbitration)

  • 오원석
    • 한국중재학회지:중재연구
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    • 제9권1호
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    • pp.161-182
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    • 1999
  • The purpose of this paper is to examine the applicability of the UNIDROIT Principle in international commercial arbitration. For this purpose, I have studies the basic two characters of this Principles: One is of general rule(principle); Another is of international and commercial character. According to CISG, questions concerning matters governed by the CISG which are not expressly settled in it are to be settled in conformity with the general principles, so this Principles will cover many questions which are not expressly settled in the applicable law, by gap-filing, analogy or usage. In the preamble of this Principles, there are five cases in which the Principles shall be applied or may be applied. If the disputes are submitted to the any national court, the application of this Principles would be restricted because of the mandatory rules of national, international or supranational origin. But the disputes are submitted to arbitration, the arbitrator would have more discretional powers to apply the Principles than the judge. The reason is that in the arbitration, the arbitrators do not bear obligation to act in conformity with the law applicable by virtue of the rules of rules of private international law. I also examined the applicability of the Principles in cases which there are no mentions in preamble: When the international arbitrators choose the Principles; When the arbitrators decide ex aequo et bono; When the both parties have not chosen the governing law; When there are gaps in domestic law chosen by the parties; When the applicable domestic law is insufficient. In all these cases, the Principles may be applied more easily and conveniently in arbitration than in litigation. Thus to envisage the application of this Principle in international arbitration, first both parties in international commercial contracts should incorporate this Principle as a governing law in their contracts, and second, the arbitrators should try to apply this Principles in their arbitrations by choice, analogy, general principles or usage.

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