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Regulating Exclusion Clauses of the Seller's Liability for Non-Conforming Goods: Comparative Accounts (매도인의 하자물품책임 면책약관의 규제에 관한 비교연구)

  • Lee, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.32
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    • pp.29-56
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    • 2006
  • This article primarily concerns the various aspects of the rules to control express terms particularly in standard form which seek to absolve either wholly or in part from the seller's liability for non-conforming goods. It describes and analyzes in detail how English law regulates such terms. In this analysis, it places the following questions; first, whether each jurisdiction treats the seller's liability for non-conformity in quality and quantity as mandatory rules, second, if it does, to what extent it is treated so and third, if not, in what way it controls the seller's attempt to exclude or restrict his liability for non-conformity in quality and quantity. In addition, it attempts to compare the rules under English law with those under Korean law and to evaluate them in light of the discipline of comparative law. In an attempt to evaluate them, it asks the question of whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. The evaluation is based upon the idea that the problems of fairness associated with the use of standard terms occur where the customer is unfairly taken by surprise due to his ignorance of the terms, or where even if he knows of the substance of the terms and objects to it, he is met with a take-it-or-leave-it situation.

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A Comparative Study on the Seller's Duty to Deliver the Goods in Conformity with the Contract in the Sale of Goods (국제물품매매거래에서 매도인의 계약적합성물품 인도의무에 관한 비교연구)

  • Oh, Won-Suk;Lee, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.37
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    • pp.3-33
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    • 2008
  • This study primarily concerns the seller's duty to deliver the goods in conformity with the contract under the United Nations Convention on International Sale of Goods(1980) in comparison with the Draft Principles of European Sales Law. It describes and analyzes the provisions of the CISG as to the seller's duty, focusing on main controversial issues among scholars in their application. It also attempts to compare the rules of the CISG with those of the Draft PESL and to evaluate them in light of the discipline of comparative law. This is for the purpose of facilitating the systematic development and reform of one jurisdiction by any solution from the other jurisdiction found by the comparative study. In addition, this study provides legal and practical advice to the contracting parties when they intends to insert the CISG or the Draft PESL in their contract as a governing law. The comparative study particularly focuses on the following aspects; first, requirements for conformity with the contract which deals with the concept of conformity with the contract, contractual requirements agreed between contractual parties, and implied requirements otherwise not agreed between contractual parties, second, the time when the goods must be in conformity with the contract, third, exclusions of the seller's duty to deliver the goods in conformity with the contract.

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Expected Miss Distance Concept and Its Applications to Aircraft Guidance Law for Arbitrary Flight Trajectory Tracking (기동오차 개념을 이용한 임의형상 비행궤적 추종을 위한 유도법칙에 관한 연구)

  • 민병문;노태수
    • Journal of Institute of Control, Robotics and Systems
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    • v.9 no.6
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    • pp.478-488
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    • 2003
  • A guidance scheme that is suitable for controlling the aircraft flight path is proposed. The concept of miss distance which is commonly used in the missile guidance laws, and Lyapunov stability theorem are effectively combined to obtain the aircraft's trajectory-tracking guidance law. Guidance commands are given in terms of speed and flight path angles, but they perfectly reflect any position and velocity errors between real aircraft trajectory and reference one. The proposed guidance law is easily integrated into the existing flight control system. The new guidance law was extensively tested with various mission scenarios and the fully nonlinear 6-DOF aircraft model. Furthermore, the new guidance law was compared with previous guidance schemes in nonlinear simulation. Results from the numerical simulation show that the proposed guidance law yields better performance than previous ones.

Approach to History and Problems of Health Insurance through Politics of Law (국민건강보험법의 발전과정과 법정책적 과제)

  • Cho, Hyong-Won
    • The Korean Society of Law and Medicine
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    • v.8 no.2
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    • pp.37-68
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    • 2007
  • Health insurance has gone far toward solving Korea's health related problems through thirty years. Health Insurance as social security system has a role of national system to secure national health. But there are many problems in health insurance. There is a dispute about many issues, coverage of health security, compulsory appointment of health insurance organization, coverage and level of health insurance benefit, decisionmaking right of health insurance price, examination of health insurance etc. Generally, the opinion for health insurance policy to be leaded by nation sets against the opinion to be leaded by private sector. It is necessary to study politics of law, constitute law and comparative law for rational solving these problems. If desirable setting of health law system can be made, legal system must be set during a long time and be discussed synthetically in different standpoint.

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Noncommerciality and problem of a medical corporation under the present law (현행법상 의료법인의 비영리성과 문제점)

  • Baek, Kyoung-Hee
    • The Korean Society of Law and Medicine
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    • v.8 no.2
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    • pp.291-328
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    • 2007
  • Under the present law, a medical corporation has the legalistic character of a noncommercial corporation and its commerciality is restricted by public service. In a recent precedent, however, a judgment has considered the service part in medical practice. The tendency of a precedent is that both commerciality of a medical institution and medical corporation are allowed to be pursued under fundamental order-observance. This change is found in china and india, which consider a medical service as national industry. In the case of ours, the now government demonstrate the industrialization or the market of medical service through promotion of commerciality of a medical corporation. This paper deal with the meaning of a medical corporation and the present condition of medical market under the present law and recommends a tendency of law policy through study of foreign's and our precedent for commerciality of medical advertisement and medical corporation.

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A Study on Subjective Residential Crowding of Three Generation Family (3세대 동거가정의 주관적 주거과밀에 관한 연구)

  • 문숙재
    • Journal of the Korean Home Economics Association
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    • v.26 no.4
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    • pp.67-85
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    • 1988
  • This study focused o investigating the variables dauther-in-law and mother-in=-law's subjective household crowding. And which is the best index among space per person, persons per room, and the number of family members was the next issue. the results of this study were as follows. 1. Variables that effected on the dauther-in-law's subjective household crowding were expectation about the number of rooms, the educational level of the dauther-in-law, duration of marriage, educational level of mother-in-law, space per person. In the case of mother-in-law, these were duration of marriage, space per person, expectation about the number of rooms, educational level of mother-in-law. 2. The best objective household crowding index was the space per person. Finally we need to look at the suv-dimension that composed of subjective household crowding of the old.

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The role of The Ministry of Commerce and The Capital Market Authority (CMA) in Protecting Shareholders and Holding Directors accountable in Saudi's Corporations

  • Alzhrani, Abdulrahman AA
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.187-196
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    • 2022
  • The law gives the Ministry of Commerce the power of monitoring, oversight, and accountability for corporations in general. However, Article 219 of the Companies Law has made oversight of listed companies within the jurisdiction of the Capital Market Authority, but this exception, in the author's opinion, is not clear because the law obligated the Ministry of Commerce to monitor and account for joint-stock companies, whether they were listed or not included in some cases.

A Study on the Analysis of Circulation and Usage of Law Library Collection: A Case Study of Law Library in S University (법학도서관 장서의 대출현황 분석 및 이용에 관한 연구 - S 대학 법학도서관을 중심으로 -)

  • Ahn, Jooyeon;Kim, Seonghee
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.30 no.4
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    • pp.255-274
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    • 2019
  • In this study, we analyzed Circulation data of Law library in the S university for one year in 2018 and analyzed whether the Library holdings are actually used for education and research. First of all, this study analyzed user patterns by analyzing subjects, languages, and publication years for books that were circulated for one year from the ALMA system which is an S university library system. In addition, we analyzed how the current library holdings were used or cited in course syllabi and research papers written by members in S university. The results from this study can be used as an important basic data for effective collection development.

A Criminal Abortion and Protected in the Right to Life (낙태죄와 생명보호)

  • Jung, Hyo-Sung
    • The Korean Society of Law and Medicine
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    • v.10 no.1
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    • pp.323-361
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    • 2009
  • In Korea, Abortion in the Criminal Law is an illegal act in exception of on which abortion may be carried out through the grounds are very limited and related such a emergency situation of women's physical health, rape, incest and genetic diseases. The Criminal Law regulates the mother's act of abortion and the doctor's surgical performance of abortion. The Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. Many people tend to abuse of abortion even though they are fully aware of its illegality. The law lead to be inconsistent with its enforcement. In this paper, I would like to suggest some proposals about the legal analysis of the Abortion Regulations th reform the existing regulation and increase th effectiveness of the regulations. Recently, in a case of the a maternity hospital where a midwife left alone a diabetes pregnancy women who had a baby, and the overweight baby(5.2Kg) died in the uterus due to hypoxic states. Supreme Court of Korea 2007.6.29. 2005do3832) had given a verdict of "not guilty". It looked like there were very fair with current crime law. But, we want this case to be investigated if there weren't any logical contradictions as well as concurrent translation within Constitution Law. Now the Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. But this law does not include social and economic grounds.

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Contextual Factors in Conflicts in Multicultural Mother and Daughter In-law Relationships: A Qualitative Approach with Dyadic In-depth Interviews (결혼이민자가정 고부갈등의 맥락적 요인에 대한 탐색적 연구: 시어머니와 며느리의 인터뷰를 중심으로)

  • Kang, Hyekyung;Auh, Seongyeon
    • Human Ecology Research
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    • v.52 no.4
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    • pp.355-369
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    • 2014
  • The in-law relationship traditionally plays a major role in Korean marriages and families because parents-in-law prefer to stay with their son under the same roof. The recent spike in the number of intercultural matches in South Korea may be provoking changes in the traditional family experience. The object of this qualitative study was to explore the contextual factors causing conflicts between mothers-in-law and their daughters-in-law in multicultural families. Six mother and daughter in-law dyads from rural areas of South Korea were recruited and interviewed. We found that the mothers-in-law and daughters-in-law had had different motives for the marriage at first. Five major themes emerged from the analysis of the dyadic interviews: the conflicts of the participants were embedded in the alternative family formation, in financial strains and the power structure, barriers in communication, cultural insensitivity and conflicts between value systems, as well as in role conflicts due to differing role expectations and hegemony. In conclusion, the authors of this study suggest that increasing cultural sensitivity and communication skills in immigrant daughter-in-law an Korean mother-in-law relationships will be crucial for a healthy in-law relationship. The need for the availability of Multicultural Family Centers' services in the community was highlighted. In order for mothers-in-law and daughters-in-law to form positive relationships, it is important to facilitate a variety of easily accessible educational programs in the community focusing on fostering the mother-in-law's understanding of the daughter-in-law's perspective.