• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.19
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• pp.224-242
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• 2003

The author believes that the main task of study in international trade usage and practice is the management of transactional risks involved in international sale of goods. They are foreign exchange risks, transportation risks, credit risk, risk of miscommunication, etc. In most cases, these risks are more serious and enormous than those involved in domestic sales. Historically, the merchant adventurers organized the voyage abroad, secured trade finance, and went around the ocean with their own or consigned cargo until around the $mid-19^{th}$ century. They did business faceto-face at the trade fair or the open port where they maintained the local offices, so-called "Trading House"(商館). Thererfore, the transactional risks might have been one-sided either with the seller or the buyer. The bottomry seemed a typical arrangement for risk sharing among the interested parties to the adventure. In this way, such organizational arrangements coped with or bore the transactional risks. With the advent of ocean liner services and wireless communication across the national border in the $19^{th}$ century, the business of merchant adventurers developed toward the clear division of labor; sales by mercantile agents, and ocean transportation by the steam ship companies. The international banking helped the process to be accelerated. Then, bills of lading backed up by the statute made it possible to conduct documentary sales with a foreign partner in different country. Thus, FOB terms including ocean freight and CIF terms emerged gradually as standard trade terms in which transactional risks were allocated through negotiation between the seller and the buyer located in different countries. Both of them did not have to go abroad with their cargo. Instead, documentation in compliance with the terms of the contract(plus an L/C in some cases) must by 'strictly' fulfilled. In other words, the set of contractual documents must be tendered in advance of the arrival of the goods at port of discharge. Trust or reliance is placed on such contractual paper documents. However, the container transport services introduced as international intermodal transport since the late 1960s frequently caused the earlier arrival of the goods at the destination before the presentation of the set of paper documents, which may take 5 to 10% of the amount of transaction. In addition, the size of the container vessel required the speedy transport documentation before sailing from the port of loading. In these circumstances, computerized processing of transport related documents became essential for inexpensive transaction cost and uninterrupted distribution of the goods. Such computerization does not stop at the phase of transportation but extends to cover the whole process of international trade, transforming the documentary sales into less-paper trade and further into paperless trade, i.e., EDI or E-Commerce. Now we face the other side of the coin, which is data security and paperless transfer of legal rights and obligations. Unfortunately, these issues are not effectively covered by a set of contracts only. Obviously, EDI or E-Commerce is based on the common business process and harmonized system of various data codes as well as the standard message formats. This essential feature of E-Commerce needs effective coordination of different divisions of business and tight control over credit arrangements in addition to the standard contract of sales. In a few word, information does not alway invite "trust". Credit flows from people, or close organizational tie-ups. It is our common understanding that, without well-orchestrated organizational arrangements made by leading companies, E-Commerce does not work well for paperless trade. With such arrangements well in place, participating E-business members do not need to seriously care for credit risk. Finally, it is also clear that E-International Commerce must be linked up with a set of government EDIs such as NACCS, Port EDI, JETRAS, etc, in Japan. Therefore, there is still a long way before us to go for E-Commerce in practice, not on the top of information manager's desk.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.83-139
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• 2019

Recognition of liability for damages due to medical malpractice has been developed largely on the basis of two paths. First is the case where there is an error in a physician's medical practice and this infringes upon the legal interests of life and body, and the compensation for monetary and non-monetary damages incurred from such infringement on life and body becomes an issue. Second is the case where there is a breach of a physician's duty of explanation that results in a infringement on the patient's right of autonomous decision, and the compensation for non-monetary damages incurred from such infringement becomes an issue. However, even if there is a medical error, since it is difficult to prove the causation between the medical error of a physician and the infringement upon legal interests, the physician's responsibility for damage compensation is denied in some cases. Consider, for example, a case where a patient is already in the final stage of cancer and has a very low possibility of a complete recovery even if proper treatment is received from the physician. Here, it is not appropriate to refuse recognition of any damage compensation based on the reason that the possibility of the patient dying is very high even in the absence of a medical error. This is so because, at minimum, non-monetary damage such as psychological suffering is incurred due to the physician's medical error. In such a case, our courts recognize on an exceptional basis consolation money compensation for losing the chance to receive proper treatment. However, since the theoretical system has not been established in minutiae, what comes under the benefit and protection of the law is not clearly explicated. The recent discourse on compensating for damages incurred by patients, even when the causation between the physician's medical error and infringement upon the legal interests of life and body is denied, by establishing a new legal interest is based on the "legal principle of loss of opportunity for treatment." On what should be the substance of the new legal interest, treatment possibility argument, expectation infringement argument, considerable degree of survival possibility infringement argument and loss of opportunity for treatment argument are being put forth. It is reasonable to see the substance of this protected legal interest as "the benefit of receiving treatment appropriate to the medical standard" according to the loss of opportunity for treatment argument. The above benefit to the patient is a value inherent to human dignity that should not be infringed upon or obstructed by anyone, and at the same time, it is a basic desire regarding life and a benefit worthy of protection by law. In this regard, "the benefit of receiving treatment appropriate to the medical standard" can be made concrete as one of the general personal rights related to psychological legal interest.

• The Korean Society of Law and Medicine
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• v.7 no.2
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• pp.9-74
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• 2006

Due to the awareness of their rights for medical liability and the advancement of legal principles, it becomes also not hard to find those who seek damages against hospitals, doctors and nurses for the suicide committed under the protection of psychiatric institute in Korea these days. Judgements on these kinds of cases are not enough yet, so that it may be too early to try to find principles used in these cases, however it is hardly wrong to read following things from above cases. That is, to gain the case, plaintiffs should show (1) there exists an obligation of "due care"(there is a special relation between patients and hospitals), (2) the duty is violated on the basis of the applicable standard of care, (3) whatever injures or damages are sustained are proximately caused by the breach of duty and (4) the plaintiff suffers compensable damages. To specific, whether a psychiatric institute was liable for wrong death or not depends upon the patients conditions, circumstances and the extent of the danger the patients poses to himself or herself; in short, the foreseeability of self-inflicted harm(the doctor should have or could reasonably have foreseen the patient's suicide and the doctor's negligence actually caused the suicide). In this context if a patient exhibit strong suicidal tendencies, constant observation should be required. Negligence has been found not exist, however, when a patient abruptly and unexpectedly dashes from an attendant and jumps out a window or otherwise attempts to injure himself or herself. And the standard of conduct that is required to meet the obligation of "due care" is based on what the "reasonable practitioner" would do in like circumstances. The standard is not one of excellence or superior practice; it only re quires that the physician exercise that degree of skill and care that would be expected of the average qualified practitioner practicing under like circumstances. Most of these principles have been established at cases of the U.S.A and Japan. In this article you can also find the legal organizations of medical liability and medical contacts on the suicide of patients who have psychiatric diseases under Korean negligence law.

• Korean Security Journal
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• no.47
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• pp.85-117
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• 2016

These days, ISIS terrorists have been expanding not only to european countries, but also to asian countries so South Korea is no longer safe from terrorists' attacks. Especially, 'soft target terrorism' makes many people maximizing fear of terrorism because it is caused by small groups - those who are armed with small arms and light weapons - and they are able to carry out hit and run attacks on civilian targets. It poses even more dangerous to kill massively. That is why November 2015 Paris attacks and January 2016 Jakarta attacks killed and injured many people because of 'soft target terrorism.' Therefore, the South Korea has also recognized the seriousness of terrorism by ISIS. The study has shown the precautionary measures about 'soft target terrorism' and how to defend against 'soft target terrorism' by looking through overseas examples. It is for the possibilities of 'soft terrorism' in South Korea because of the expansion of ISIS. As a result, 'soft target terrorism', caused by ISIS, could happen in South Korea. The counterplan is as in the following. First of all, 'soft target terrorism', which is collaborated with ISIS and domestic terrorists, could be caused by negative awareness of foreign residents and xenophobia so the public should change stereotypes about the foreign residents and there should be legislation about racial discrimination enacted by parliament and the government must practice the law. Second, the Korean anti-terrorism laws should be modified to minimize violations of human rights, related to the Korean citizens' personal information, and to stop the concentration of power into the hands of one law enforcement. Third, the government has to develop and to initiate the refuge&evacuation simulation, which prepares for 'soft target terrorism' and minimizes the damages if terrorists attack hot spots like central commercial areas or event halls.

• Journal of Arbitration Studies
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• v.15 no.1
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• pp.113-146
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• 2005

Bankruptcy proceedings serve the purpose of the collective satisfaction of the debtor's creditors through the realisation of the debtor's assets and the distribution of the proceeds therefrom. Upon the adjudication bankruptcy, the debtor's right to administer and dispose of the property belonging to the bankruptcy estate shall be vested in the administrator. If a mutual contract was not or not completely fulfilled by the debtor and the other party at the time of the adjudication of bankruptcy, the administrator has right to choose wether to fulfil or terminate the contractual relation. Legal acts that have been conducted prior to the adjudication of bankruptcy and that are detrimental to the debtor's creditors may be contested by the administrator. However, these effects of bankruptcy will have not great influence on the arbitration agreement between the debtor and another party. An arbitration agreement that has been conducted prior to the adjudication of bankruptcy is binding the administrator as an universal legal successor of debtor. Only the arbitration agreement directly disadvantageous to the debtor's creditors may be contested by the administrator. Furthermore, it is not at the discretion of administrator whether or not to submit the dispute to arbitration because an arbitration agreement does not belong under the category of Art. 50 Korean bankruptcy Act which demands a mutual contract. Arbitral proceeding upon the property of the bankruptcy estate and pending for the debtor as plaintiff or against the debtor as defendant at the date of the adjudication of bankruptcy may be taken up at the given status by the administrator. This leads to a change of the party. If a duly summoned party fails to appear in arbitration court, the arbitrator, if satisfied there is no valid excuse, may continue the proceedings and make the award as if all the parties were present. This may be disadvantagious to the debtor's creditors because the arbitral award have the same effects on the participants as the final and conclusive judgement of the court. Even if there is a change of party on side of debtor to the administrator in bankruptcy, the arbitral proceedings will not be automatically postponed or suspended. The matter of how to proceed is at discretion of administrator, when the parties haven't agree on the arbitral proceedings. He can continue the arbitral proceedings without to grant an adjournment of hearing. However, an arbitration award may be challenged by a party dissatisfied and set aside by the court based upon the misconduct that violates the basic rights of the parties to a fair hearing. The arbitrator must treat the parties equally in the arbitral proceedings and give each party a full opportunity to present his case. The arbitrator, therefore, will carefully exercise his discretion in determining whether to continue the arbitral proceedings or to grant a postponing. In the practice, the arbitral proceedings may be usually postponed to grant due process.

• Journal of the Economic Geographical Society of Korea
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• v.21 no.2
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• pp.119-138
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• 2018

The Hmong people are one of the largest ethnic groups in Vietnam. They traditionally practice shifting cultivation for their daily subsistence. This group has a traditional governance system as well as strong clan and kinship relationships that occupy an important role in maintaining Hmong culture and livelihoods. The state's approval of the legitimate and statutory law for the Nature Reserve largely excluded local rights of access to and the use of natural resources. This study focusses on Hmong responses to the state interventions of the establishment of the Nature Reserve as well as forest land allocation. Based on Scott's contribution of Moral Economy (1976), the authors argue that local responses function as a 'risk-averter' against state intervention. Meanwhile, the intra and inter-ethnic relationships based on the 'subsistence ethic' help locals successfully mitigate state intervention. These findings help the state rethink their interventions, which have been constructed with very little respect for local differences or the desires of ethnic peoples. Furthermore, the main findings, which reveal that not only the intra-ethnic relationship but also the inter-ethnic relationship among ethnic minorities can play an important role in maintaining the Moral Economy, are expected to deepen the previous understanding on the Moral Economy, which has previously constrained its scope to the intra-ethnic relationship.

• Korean Security Journal
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• no.19
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• pp.187-205
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• 2009

In this study, Horgan(2005)'s argument highlights the centrality to any successful counter-terrorism strategy of understanding the social context in which terrorist ideologies take root. Counter-terrorism refers to the practices, tactics, techniques, and strategies that governments, militaries, police departments and corporations adopt in response to terrorist threats and/or acts, both real and imputed. Pickering et al.(2008) historically explained four counter-terrorism strategies as traditional counter-terrorism model, community intelligence model, belonging model, social cohesion model. It is thus proposed that counter-terrorism strategies are based in established networks within the community and proactively seeks to continually renew these relationships between the community and police. This approach must embrace an explicit recognition of multiculturalism and its political imperative and drive in a policing organization explicitly committed to social cohesion and human rights in both discourse and practice. We, therefore, suggests community tree counter-terrorism approaches, or community intelligence model, belonging model and social cohesion model to apply to counter-terrorism agencies in Korea. These models are on the basis of Pickering et al.'s counter-terrorism models, which by using community policing to boot socially cohesion police are better able to position themselves as mediators to negotiate settlements between the competing demands of different social groups.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.377-401
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• 1999

This study is focused on the privity of the contract of carriage of goods by sea, so to speak, privity between B/L holder and carrier by transfer of bill of lading, privity by attornment to delivery order and conflict between bills of lading and charterparty terms. Under a CIF contract, possession of the bill of lading is equivalent to possession of the goods, and delivery of the bill of lading to the buyer or to a third party may be effective to pass the property in the goods to such person. The bill of lading is a document of title enabling the holder to obtain credit from banks before the arrival of the goods, for the transfer of the bill of lading can operate as a pledge of the goods themselves. In addition, it is by virtue of the bill of lading that the buyer or his assignee can obtain redress against the carrier for any breach of its terms and of the contract of carriage that it evidences. In other words the bill of lading creates a privity between its holder and the carrier as if the contract was made between them. The use of delivery orders in overseas sales is commen where bulk cargoes are split into more parcels than there are bills of lading, and this practice gives rise to considerable difficulties. For example, where the holder of a bill of lading transferred one of the delivery orders to the buyer who presented it to the carrier and paid the freight of the goods to which the order related, it was held that there was a contract between the buyer and the carrier under which the carrier could be made liable in repect of damage to the goods. The contract was on the same terms as that evidenced by, or contained in, the bill of lading, which was expressly incorporated by reference in the delivery order. If the transferee of the delivery order presents it and claims the goods, he may also be taken to have offered to enter into an implied contract incorporating some of the terms of the contract of carriage ; and he will, on the carrier's acceptance of that offer, not only acquire rights, but also incur liabilities under that contract. Where the terms of the charterparties conflict with those of the bills of lading, it is interpreted as below. First, goods may be shipped in a ship chartered by the shipper directly from the shipowner. In that case any bill of lading issued by the shipowner operates, as between shipowner and charterer, as a mere receipt. But if the bill of lading has been indorsed to a third party, between that third party and carrier, the bill of lading will normally be the contract of carriage. Secondly, goods may be shipped by a seller on a ship chartered by the buyer for taking delivery of the goods under the contract of sale. If the seller takes a bill of lading in his own name and to his own order, the terms of that bill of lading would govern the contractual relations between seller and carrier. Thirdly, a ship may be chartered by her owner to a charterer and then subchartered by the chaterer to a shipper, to whom a bill of lading may later be issued by the shipowner. In such a case, the bill of lading is regarded as evidencing a contract of carriage between the shipowner and cargo-owners.

• The Journal of Art Theory & Practice
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• no.13
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• pp.7-33
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• 2012

The memory of the Korean War is about the time period when people lived toughly during evacuation, due to being exposed to the natural climate such as intense cold or heat without any protection, leaving their comfortable home and living in temporary built shelters which were barely enough to avoid the wind. 'Death is concealed and only the figures of evacuation for survival were expressed, just as how the government ordered. Since the experience of the battlefield is personal and fragmentary, that is broken into pieces, it does not have compatibility. As war is a distorted experience that cannot be placed in a big picture, it is not possible to take a view of the war's big picture. Having this individualized experience as a common collective memory is an issue and it is the will that people tries to pursue. The reason why the evacuees from north to south, and as well as from the south to further south were all able to be adopted as the theme of artworks due to the military action that emptied the occupied territories of the North Korean Army under the forced removal command. In such situations, the natural state of the 'snow' was like a symbol of the 1.4 Recession. The group of people who were thrown into the intense cold displaced the war damage of loosing their base livelihood, and symbolized the obedient citizens who faithfully follow their government's command. The figure of advocating anti-communism is projected as a figure of a refugee during cold winter-time and it contains ones past which he or she obeyed its own country's commands. Evacuation, especially the evacuation during the winter is a visual device that can confirm these kinds of country's command. The consequences were same for the artists as well. Therefore, the situation being communal could be found due to the individual experiences during war are ideological. The image of the refuge shown in the picture played the role of strengthening the consciousness of defecting to South Korea into the meaning of the 'Finding Freedom.' I would like to express that the reason of them leave their home during the harsh winter is in order to avoid the oppression of the Communist Party. The evacuation that people went through was not to 'Finding Freedom', but 'To Survive'. Later, this evacuation has been imprinted as a behavior of choosing free Republic of Korea, which was an ideological issue. Anti-communism was the rule of survival in South Korea society, and people have the tendency to remember what they want to remember. As it is not the people who possesses an incident, but the memory that possesses ones, people cover their memory with disguised plots in order to forget the violence and to live a different prologue. They share the incident of violence as a hurtful memory. The tragedy of the Korean War was the result of Ideology and being in between the powerful nations' rights, but the violence during the war has been depicted as a natural disaster, which was the evacuation in heavy snow.

• Journal of Korean Society of Transportation
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• v.27 no.6
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• pp.97-106
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• 2009

The purpose of this study is to analyze factors for resolving problems of Jejusi Residential Parking Permit Program and to draw up a plan by examining Jejusi case. This program was started by way of showing an example in October, 2005, and then has been put in practice in the heart of Jejusi since October, 2007. Jejusi government introduced this system to prevent all kinds of accidents by the indiscreet parking near the residental street and to guarantee the rights to live comfortably by encouraging a pleasant parking environment. As the result of the survey which is about residents' participation from the process of decision-making, the answers such as "Should Participate" and "Surely should participate" are at the high rate of 87.5 percent. A matter of the utmost importance is that this system should be reformed to make the visitors pay parking if they want to park near there. Almost 36 percent of the respondents have a negative opinion, and this is because they consider their visitors. Especially the important factors from the Logistic Regression Analysis are that the government should exercise stricter control over illegal parking, that the system should be improved for the visitors to pay parking, and that the government should support the declining sales of the shops near shopping streets. The suggestions are as follows. First, the government should enforce on reducing the illegal parking. Second, they should secure the parking lots for visitors. Third, they should minimize the impact on the declining sales of the shops near shopping streets.