• KDI Journal of Economic Policy
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• 제44권3호
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• pp.1-26
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• 2022

This paper analyzes the effects of the cut in the legal maximum interest rate (from 27.4% to 24%) that occurred in February of 2018 on loan interest rates, the default rates, and the loan approval rate of borrowers in the non-banking sector. We use the difference-in-difference identification strategy to estimate the effect of the cut in the legal maximum interest rate using micro-level data from a major credit-rating company. The legal maximum rate cut significantly lowers the loan interest rate and default rate of low-credit borrowers (i.e., high-credit-risk borrowers) in the non-banking sector. However, this effect is limited to borrowers who have not been excluded from the market despite the legal maximum interest rate cut. The loan approval rate of low-credit borrowers decreased significantly after the legal maximum interest rate cut. Meanwhile, the loan approval rate of high-credit and medium-credit (i.e., low credit risk and medium credit risk) borrowers increased. This implies that financial institutions in the non-banking sector should reduce the loan supply to low-credit borrowers who are no longer profitable while increasing the loan supply to high- and medium-credit borrowers.

• 한국중재학회지:중재연구
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• 제31권1호
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• pp.55-81
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• 2021

Awarding interest in international arbitration remains one of the most challenging areas for tribunals and parties given the myriad of issues that arise. This article seeks to provide an overview of how international arbitral tribunals grant delay interest. It reviews the various issues that international arbitral tribunals face concerning pre-award and post-award interest, determining the appropriate interest rate, surrounding simple or compound interest, and the complex issue of choice of law. A comparative context is provided by surveying the laws of major jurisdictions from both the common law and civil law and the regulations of leading arbitral institutions. It concludes with a review of the law, jurisprudence, and practice in Korea related to delay interest and how Korean tribunals under the KCAB Domestic and International Rules have determined delay interest in recent years.

• 무역상무연구
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• 제21권
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• pp.3-37
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• 2003

English law accepts the basic principle of freedom of contract that the parties should be free to agree on any terms that they like unless their agreement is illegal or otherwise contrary to public policy because it infringes some public interest. On the other hand, it has been limited for hundreds of years on the basis that certain contract terms, particularly in standard form, may alter a distribution of risks that the customer would reasonably intended. The alteration may often result from his simple ignorance caused by either lack of opportunity to become aware of clauses or inability to understand their full potential implications. In addition, it may also result from disparity in bargaining power which does not allow the customer to look after their own interests even if he is fully aware of the unacceptable clauses. In response to this problem, English law has employed both judicial and statutory intervention techniques to control unfair contract terms. This study describes and analyzes in detail how English law regulates such terms, particularly, in standard form, in order to provide legal advice to our sellers residing either in UK or in Korea who plan to enter into UK markets. It also attempts to explore any problem in the existing double legislations of UCTA and UTCCR and put forward future direction of English law in light of the Draft Unfair Terms Bill which was currently proposed by the Law Commissioners. The main concern of this paper will be confined to some of the various aspects of both judicial and statutory control of unfair contract terms in English law which may draw our attention in terms of domestic or international business sales.

• Architectural research
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• 제8권1호
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• pp.17-23
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• 2006

Brownfield redevelopment is relatively a new area of interest for federal and local government in the U.S. In the past years, there are continuing interests by urban planners, policy makers and scholars in the effects of neighborhood amenities on brownfield. This paper intends to introduce brownfield redevelopment efforts and assess the approaches to implement such efforts by reviewing current federal legislation in the U.S. for brownfield, especially in the case of the Seattle Region. This paper provides an understanding of the brownfield phenomenon, statutory dilemmas, barriers and strategies of brownfield redevelopment. This paper also addresses the need of more policy adoption and implementation for successful brownfield redevelopment.

• 의료법학
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• 제6권2호
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• pp.291-310
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• 2005

Most of all countries have a governmental system for regulating the certification of nursing. In Korea, certification of advanced practice nurse(APN) is statuary regulation under supervision of government. In this article, the writers discuss the legal characters and effects of certification and regulatory body for certification and suggest the new regulatory system. The advanced practitioner may be recognize "new" health provider in the future. The nursing specialist have right to use title and practice expanded role. It's different things with physicians certification. The regulatory body is important because certification protected the title and empower APN authorize of expanded role. The certification of nursing is closely connected with public interest. The Korea government delegate power of national examination to private institute. To improve utility and publicity of certification system, we suggest that statutory empower the certification authority to public institute which composed with nursing professionals.

• 한국환경과학회지
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• 제13권10호
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• pp.863-870
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• 2004

The main objectives of this research are to analyse and evaluate the demolishing walls initiative in Daegu city as the collaborative urban environment improvement initiative in South Korea using the actor network theory concept. Local authorities are unable to effectively and efficiently improve urban environment because of their limited statutory and financial powers. This inability crucially led to the formation of the demolishing walls initiative in Daegu city with building a coalition of the local people, interest groups and public and non-governmental organisations in the operational processes in order to improve the physical and social urban environments. Furthermore, co-ordination between local authorities and landscape architecture specialists not only to change the way in which they tackle urban environmental problems but also to make the local people aware of their potential ability in positively improving the urban environment.

• 한국중재학회지:중재연구
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• 제15권2호
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• pp.263-292
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• 2005

In China, as far as the enforcement of the award is concerned, a three-pronged regime exists : each for domestic, foreign-related and foreign awards. As opposed to domestic awards, foreign-related awards are defined as those involving 'foreign-element.' Among them, this article focuses on the enforcement regimes of foreign-related and foreign arbitral award, and strives to provide a practical outlook of the arbitral award enforcement regime in China. For that, this article consists of five chapters. In chapter I, the purpose and scope of this study are mentioned; In Chapter II, the types, the statutory framework, the related measures, the statistical assessment on enforcement of arbitral awards are addressed. Chapter III points out some issues on the enforcement regimes of foreign-related and foreign arbitral awards, with focus paid to the recognition of foreign-related arbitral awards, the substantive judicial review of foreign-related arbitral awards, and the refusal of enforcement with the social and public interest ground. Chapter VI introduces two non-enforcement cases of foreign-related and foreign arbitral awards. Lastly in chapter V, the author makes a proposal to improve the enforcement regime in China. Although China already obtained a certain level of achievement, she still need to be undertaken by the government and judicial authorities to offset the negative effects of some obstacles to hamper the enforcement such as protectionism so that she may create a more favorable arbitration environment.

• 대한치과의사협회지
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• 제56권9호
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• pp.479-490
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• 2018

3D printing technology supporting the specific patient medical services is actively being implemented in dentistry. The purpose of this study is to introduce the legal and institutional considerations to the medical practitioners in dentistry who must observe when they manufacture medical devices using 3D printers, and to provide a ways to activate and enhance their utilization in the domestic approval point of view for medical devices. Through the public data of government agencies and related organizations, the statutory system and compliance matters related to the manufacture of 3D printing medical devices have been examined and reviewed for the government's improvement efforts. Through the study, the government has been actively improving the system and making policy, but the active interest and participation of medical professionals and related workers are continually required to solve the problems which are scattered. 3D printing technology is expected to be more frequently utilized in the field of dentistry in near future. Therefore, it is essential to establish measures to improve the regulation through continuous cooperation with the related ministries with the long-term point of view enhancing smooth entry to the market for the medical devices by taking data from the continued research.

• 한국건축시공학회지
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• 제10권1호
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• pp.111-120
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• 2010

우리나라의 공공 건설 산업은 다양한 이해관계자로 구성되어 있다. 발주자와 수급인, 수급인과 하수급인간의 중층 구조로 이루어져 있으며, 발주자인 국가와 수급인과의 계약관계 및 수급인과 하수급인과의 관계로 이루어져있다. 이러한 계층 구조에서 중간 역할을 하는 수급인의 파산, 부도 등의 경영위기는 발주자 및 하수급인에게 예측하지 못한 피해를 가져오게 된다. 이에 발주자에게 하도급대금 지급에 대한 후견적 지위를 부여함으로써 대기업인 수급인과 하도급 거래 관계에 있는 중소기업자를 보호함으로써 국민 경제의 균형 발전이라는 정당한 공익실현을 위하여 하도급대금 직접지급 관련 내용을 법령에 규정하였다. 그러나 관련 법령마다 지급기준과 지급방법이 다르고 법령해석에 있어 차이가 있기 때문에 분쟁이 많고 또한 판결 내용에도 차이가 있다. 따라서 직접지급 관련 법령의 비교, 분석뿐 만 아니라 이들의 실제 적용사례 중 쟁점이 되었던 사안에 대한 검토가 필요하다. 본 연구의 목적은 건설 사업을 관리, 감독하는 발주자의 입장에서 하도급대금 지급과 관련한 쟁점판례를 분석하는 것이다. 이는 향후 하도급대금 지급 관련 법규의 개선 방안을 제시, 관련 분쟁 발생 시 효과적인 해결에 도움을 줄 것이다.

• 무역상무연구
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• 제69권
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• pp.407-426
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• 2016

The Marine Insurance Act 1906 (MIA 1906) has been a successful piece of legislation, having rarely been amended and having established, or served as an influence in the development of, the basis of marine insurance legislation in several countries. However, it has been recognised that some parts of the MIA 1906 have begun to show their antiquated nature, especially where established principles which were once thought to reflect undoubted propositions of law are now being openly criticised. Since 2006, the Law Commission and Scottish Law Commission (the 'Law Commissions') have been engaged in a major review of insurance contract law, finally leading to the Insurance Act 2015. The Insurance Act 2015 received Royal Assent on 12 February 2015, and was based primarily on the joint recommendations of the Law Commissions. The 2015 Act made substantial changes to several main areas of marine insurance law & practice: (i) the replacement of the pre-contractual duty of disclosure with a duty to make a "fair presentation of the risk"; (ii) the abolition of the "insurance warranty" under the Marine Insurance Act 1906, s.33, and provision of a new default remedy of suspension of liability until the breach is cured; (iii) partial codification of the fraudulent claims rule in insurance contract law, etc. The Act did not provide for any new statutory duty for insurers to investigate or pay claims in a timely fashion, although this may be revisited in the next Parliament. Moreover, the Law Commissions have reopened their consideration of the doctrine of insurable interest. The 2015Actmay not then signal the end of the legislative programme in this area.