• International Commerce and Information Review
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• v.5 no.1
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• pp.137-158
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• 2003

The rapid growth of electronic commerce increases the potential for conflicts over contracts which have been entered into online(e.g. about price, late delivery, defects, specifications...). Using arbitration as a dispute resolution alternative is becoming increasingly popular especially in cases involving intellectual property rights and technology disputes since speed and secrecy are essential. The use of online dispute resolution(ODR) mechanisms to resolve such e-commerce conflicts is crucial for building business, consumer confidence and permitting access to justice in an online business environment. However, the use of the Internet and the World Wide Web in dispute resolution has an impact on the types of communication implied in the relevant processes(negotiation, mediation and arbitration). This paper deals with legal issues with respect to the practice of online arbitration. The paper begins with a brief introduction to the theories behind arbitration. These sections will be followed by a discussion on the specifics of online arbitration and the problems the process faces online arbitration by the legal community.

• Journal of the Korean Home Economics Association
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• v.39 no.9
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• pp.189-207
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• 2001

The purpose of this study is to explore an implied meaning of family ethics consciousness from the interpretation of early marriage discourse during the enlightenment period of Korea. For the analysis, the estimated time frame of the enlightenment period wile be from 1860 to 1910 that was the time when the Japanese annexed Korea. The discourse of newspapers, Shinsoseols and magazines which are the text of the study have been analysed with the qualitative research technique. The major findings were as follows: 1. The intellects stated that the traditional practice of early marriage should be abolished, and should be replaced by a marriage that the groom and the bride dually agree upon. This argument meant that marriage was not an event for the parents or the family, but a life event for the couples themselves. 2. The practice of early marriage was criticized as it was one of the main reason of making marital relationship miserable. Also it was stated that the children could not follow the role of husband and wife. The importance of marital relationship was emphasized with the recognition that the marital relationship was the basic relationship within family and society. 3. The discourse, criticizing the parents'behavior that enforced the early marriage of children, stated that the children should not be the possession of parents but the public being of society. 4. The discourse also stated that the society and the parents should recognize their children as the human being to be protected from the early marriage which would result in physical damage of their children. Also the discourse asserted the rights of the children including their rights of education. The childhood were being formed in these discourses.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.25
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• pp.41-71
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• 2005

"UNIDROIT Principles 2004" focused on an enlargement rather than a revision. An additional Section or Chapter so to speak, which are about, the Authority of a Agents, Third Party Rights, Set-off, Assignment of Rights, Transfer of Obligations and Assignment of Contracts, and Limitation Periods have been added, while the only change of substance made to the 1994 Edition, apart from two paragraphs in the Preamble, and three new provisions in Chapter 1 and 2 which are necessary to adapt the Principles to the needs of electronic contracting. The Principles which have the nature of the restatement of international uniform laws (for example CISG) are continuous exercise. Therefore we should note whether in the future our concerns would be on a additional topics on a improvement of the current text by monitoring the reception of the "UNIDROIT Principles 2004" in practice, and the application by contracting parties. The purposes of the Principles may be classified into three ; the rules of law governing the contract, means of interpreting and supplementing international uniform law or domestic law, or models for national and international legislator. Among them, the function of governing law may be applied by the express choice by the parties or by the implied choice like "general principles of law" or "les mercatoria", and it may be applied in the absence of any choice of law by the parties. Among there importance functions, this writer would like to emphasize the function to supplementing international uniform law instruments. The reason is that the CISG which has been established as an international uniform sales act and to which our country would be a contracting State from March, 2005, needs a lot of gap-filling. For this purpose it is advisable the parties to insert following provisions in their contract. "This contract shall be governed by the CISG, supplemented when necessary by the UNIDROIT Principles 2004" Thus success in practice of the UNIDROIT Principles over the last then years has surpassed the most optimistic expectations. It is hoped that the 2004 Edition of the UNIDROIT Principles will be just as favorably received by legislators, business persons, lawyers, arbitrators and judges and become even better known and more widely used throughout the World.

• 한국무역상무학회:학술대회논문집
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• 2004.12a
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• pp.9-40
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• 2004

"UNIDROIT Principles 2004" focused on an enlargement rather than a revision. An additional Section or Chapter so to speak, which are about, the Authority of a Agents, Third Party Rights, Set-off, Assignment of Rights, Transfer of Obligations and Assignment of Contracts, and Limitation Periods have been added, while the only change of substance made to the 1994 Edition, apart from two paragraphs in the Preamble, and three new provisions in Chapter 1 and 2 which are necessary to adapt the Principles to the needs of electronic contracting. The Principles which have the nature of the restatement of international uniform laws (for example CISG) are continuous exercise. Therefore we should note whether in the future our concerns would be on a additional topics on a improvement of the current text by monitoring the reception of the "UNIDROIT Principles 2004" in practice, and the application by contracting parties. The purposes of the Principles may be classified into three ; the rules of law governing the contract, means of interpreting and supplementing international uniform law or domestic law, or models for national and international legislator. Among them, the function of governing law may be applied by the express choice by the parties or by the implied choice like "general principles of law" or "les mercatoria", and it may be applied in the absence of any choice of law by the parties. Among there importance functions, this writer would like to emphasize the function to supplementing international uniform law instruments. The reason is that the CISG which has been established as an international uniform sales act and to which our country would be a contracting State from March, 2005, needs a lot of gap-filling. For this purpose it is advisable the parties to insert following provisions in their contract. "This contract shall be governed by the CISG, supplemented when necessary by the UNIDROIT Principles 2004" Thus success in practice of the UNIDROIT Principles over the last then years has surpassed the most optimistic expectations. It is hoped that the 2004 Edition of the UNIDROIT Principles will be just as favorably received by legislators, business persons, lawyers, arbitrators and judges and become even better known and more widely used throughout the World.

• Journal of the Korea Convergence Society
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• v.12 no.11
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• pp.301-310
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• 2021

This study is qualitative research with an aim of assessing experience of prospective social work student enrolled in social welfare field practice during COVID-19 pandemic. The results are shown below. First, the major negative answers of responders were the work-study imbalance of the student, the institution's concern for spread of infection, limited experience due to low-quality-of supervision, the difficulty on choosing institution, and worries on stop of practice due to the COVID-19 pandemic. Second, the key positive answers of responders were awareness of true meaning of social welfare, a major of them, significance of field practice, importance of human rights in their field, and finally, dearness of rapport building between social workers and clients in social welfare practice settings.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.47
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• pp.337-353
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• 2010

On payment of the insurance money the insurer is entitled to be subrogated to all right and remedies of the assured in respect of the interest insured in so far as he has indemnified the insured. The purpose of subrogation is to prevent the assured from recovering more than once for the same loss, e.g. where goods are lost owing to a collision, the assured cannot claim the insurance money from the insurer and then sue the owners of the ship that negligently caused the collision. Under the doctrine of subrogation the right to sue owners of the negligent ship passes from the assured to the insurer on payment of the insurance money. The insurer is subrogated to the assured 'rights against the carrier under the contract of carriage. To defeat the cargo underwriters' subrogation righters, the carriers inserted in their B/L a clause allowing the carriers to have the "benefit of the shipper's insurance. But, in the Hague Rules, Hamburg Rules, Rotterdam Rules, its makes void any clause that assigns a benefit of insurance of the goods in favour of the carrier. In practice the insurer asks the assured to sign a letter of subrogation and retains the documents in order to prosecute the rights subrogated to him.

• Journal of Information Science Theory and Practice
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• v.9 no.3
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• pp.31-41
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• 2021

The growing number of threats to society through the uncontrolled distribution of information is forcing library communities in many countries to reconsider their views on free access to collections. Based on the content of numerous documents of international importance, it can be concluded that in any democratic country access to information is one of the most important human rights, along with the right to life, liberty, and security of person. However, the state has the right to restrict citizens' access to information within the framework of existing legislation. Constantly, restrictions on access to information are established in order to protect the ethical foundations of the constitutional order, morality, health, rights, and legitimate interests of others, to ensure the country's defense and state security. It goes without saying that each country has the right to independently decide where the boundaries lie between permitted and prohibited information, including printed information, contained in library collections. This article describes three levels of access restriction: foreign, state, and regional. The authors have analyzed the legal and regulatory documents that govern libraries, as well as the reasons and methods of limitation. A comparative analysis of the restriction of access to information in the countries of Europe and Asia is presented.

• International Journal of Computer Science & Network Security
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• v.21 no.8
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• pp.51-54
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• 2021

The article is devoted to the study of the features of administrative liability for offenses in the informational sphere, the definition of the concept and features. Based on the examples of implementation of instruments of European legislation into the national legal system and examples of national legal practice, the authors have identified the features of informational and legal sanctions aimed at restricting the rights of access of subjects to information, prohibiting them to disseminate certain information, restricting the rights to disseminate certain information, and suspending informational activities. It has been substantiated that the administrative liability for informational offenses as a protective legal institution is created to contribute to the solution of such acute problems of legal support of human and society interests in the new informational dimensions.

• International Journal of Computer Science & Network Security
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• v.22 no.9
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• pp.244-250
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• 2022

Reforming social relations requires changing the system of relations between state executive bodies, institutions subordinate to them and a citizen, which is characteristic for most of the country, in which the latter is a petitioner even if his indisputable rights and legitimate interests are satisfied. One of the most important areas of public administration reform is the formation and development of a system of administrative services and appropriate information support. The result of the implementation of this direction should be the creation of such a legal framework and its real implementation in administrative and legal practice, in which consumers of administrative services will have broad rights and powers and will not be passive subjects manipulated by civil servants.Thus, the main task of the study is to analyze the normative legal aspects of information support for the provision of administrative services in the field of public administration. As a result of the study, the main aspects of normative legal aspects of information support for the provision of administrative services in the field of public administration were investigated.

• Korea Trade Review
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• v.41 no.4
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• pp.111-129
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• 2016

In this paper, I reviewed the analysis of possible ICC model of international sale contract terms used in the international artwork trade. Based on this, the provisions proposed considering the specialties of the international artworks trade. The purpose of this research study is to help practitioners draw up a contract of international artworks trade. In Chapter II, I reviewed the highlights of the international sale of goods contract. In Chapter III, I discussed the issues that arise in creating specific provisions on the international artworks trade agreements. In Chapter IV, I discussed the issues in creating the general provisions on the international artworks trade agreements. Quantity provisions of the international artworks sales contract should include the "more or less" clause. And it should also clearly define the scope of the author's property rights transfer in the copyright provisions. Even if a buyer has been assigned the copyright of artworks from the artist, if the buyer modifies the artworks without permission, moral rights can be violated. In addition, even if a buyer has been assigned all of the intellectual property rights of the artists, if the buyer does not have the specific provisions, the buyer must keep in mind that the unauthorized publication of artworks, film production, merchandising, etc, may infringe the right to create derivative works.