• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.28
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• pp.3-36
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• 2005

Most legal systems provides the aggrieved buyer with a right to put an end to the contract. Unlike Civil Law systems, the right is rather complicated and uncertain in Common Law systems because they do not sharply distinguish between a refusal which amounts merely to a defence in the nature of the exceptio non adimpleti contractus, and one which is intended to abrogate the aggrieved party's obligations completely and to seek restitution of what he has already performed. That is, they do not draw any sharp distinction between the right of rejection or revocation and the right to put an end to the contract. This explains why the right to put an end to the contract under Civil Law systems are often compared with the right of rejection or revocation under Common Law systems in most academic papers. Having said that, this article describes and analyzes in detail the relevant UCC rules to the buyer's right of rejection and revocation, particularly the rules on the requirements for the right of rejection or revocation. This is for the purpose of providing legal advice to our sellers residing either in U.S.A. or in Korea who plan to enter into U.S.A markets and take academics' interest in the buyer's right which is deemed to be unique compared to the Civil Law systems. In addition, the study attempts to compare the rules as to the right of rejection and revocation under the UCC with those of English law which are stipulated mainly in the Sale of Goods Act (1979) in a statutory form. This may help one better to understand the rules of the UCC which are mostly originated with English law and to find in what way the rules of the UCC depart from those of English law.

• The Journal of the Korea Contents Association
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• v.17 no.12
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• pp.180-190
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• 2017

This is Kangwon Land casino case due to the damages of betting money, which is likely to affect the contents industry in the future. The reason why the gambler and his family's suit is that why the manager did not control their own access or did not supervise the wagering rules. The provisions of the "Restriction on the amount of money to be paid to the casino" in the Article 14 of the Enforcement Decree of the Act on the Support for the Development of the Abandoned Mine Area are not intended to increase the duty of the casino managers. It is just one of many public regulations imposed. No matter what legislation is made for public interest, it can not be considered equally in the private duty. If so, too much effort will be required to enact or amend the public law and this makes the legislative activity impossible. The Act on the Restriction on Access to the Casino shall be construed accordingly. From the point of view of economic efficiency theory, if we overestimate statutory duties (liability for compensation) excessively, the price goes up on the market, and the volume of transaction decreases drastically. This reduces the economic utility of resources in the society as a whole (total output, foreign currency acquisition amount, etc.).

• Journal of Korean Society of Forest Science
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• v.76 no.3
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• pp.249-255
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• 1987

Forestry as with all land matters, under the Constitution, is a State matter. Thus the States, numbering 14, have considerable autonomy in decisions on forestry and related matters. However, the Federal Government, having jurisdiction over such issues as defence, education and research, endeavours to coordinate, standardise and advise the States on matters where the States have jurisdiction. However, forestry being a major revenue earner, is jealously guarded by the States. Under such circumstances and recognising the interdependencies of impacts of decisions at the State level, the institutional organisations play an important role in coordinating state activities to ensure that the benefits to the country as a whole are not sacrificed in favour of interests of individual state. Various legislative mechanisms have been established to ensure this coordinated effort. A National Forestry Council forms the apex of national political coordination. The Federal Forestry Department is responsible for coordination of developmental activities at the State level, which are implemented be the State Forestry Departments within Peninsular Malaysia. Research is carried out centrally by the Forest Research Institute of Malaysia(FRIM), a statutory body formed in 1985 from a research division of the Forestry Department. The Stares of Sabah and Sarawak have their own Forestry Departments, independent of the Federal Department, and each with its own research unit independent of FRIM. Tertiary education in forestry is the sole responsibility of the Agricultural University at Serdang with a campus for Diploma level training in Sarawak. In the developmental area in the State of Sabah, institutions have been formed to focus on specific areas of activities. The Sabah Foundation is responsible for the long term development of the State forests with a concession of about one million ha. Sabah Forest Development Authority(SAFODA) was formed to carry out reforestation of denuded areas. Sabah Forest Industries Ltd.(SFI) is responsible for the country's only integrated pulp and paper industry with its own afforestation program to support its resource supply. In Peninsular Malaysia various states have established State Corporations to manage large "sustained yield" concessions. While wildlife and state parks are managed by the respective forestry departments in Sabah and Sarawak, it is the responsibility of a separate department in Peninsula Malaysia called the Department of Wildlife and National Parks(under the Ministry of Science, Technology and Environment). Timber trade legislation and promotion in the Peninsular is the responsibility of the Malaysian Timber Industries Board(MTIB) for Peninsular Malaysia and the Sarawak Timber Industries Development Corporation(STIDC) in Sarawak. In the area of NGOs ; the Institute of Foresters Malaysia, is the professional body of forestry in the country. A Malaysian Forestry Society caters for the public participation and interest. Other environmentally related NGOs such as the Malayan Nature Society, the Environmental Protection Society, World Wildlife Fund, Friends of the Earth and the Consumers Associations also involve themselves in specific forestry activities. A number of timber trade associations are also formed by the private sector to assist the industries.

• Land and Housing Review
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• v.8 no.4
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• pp.285-294
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• 2017

Recently, as the paradigm of regional development has been transformed into characterization, decentralization and cooperation, small and medium scale development is in the spotlight. In particular, as the transfer of planning authority to local governments accelerates, LH is in the process of seeking to transform itself into a system that is in line with local government demand. The purpose of this study is to elaborate the regional pending projects that meet the demand of the region. The Jeju Special Self-Governing Province is the area where land and housing prices have increased more than three times recently, which is the area of interest in recent years due to the various demand for development projects. Another objective is to establish a local government based on LH's system, it is aimed to derive a collaboration method with local government, province corporation and local researchers. The criteria for deriving the cooperation projects between the local government and LH are basically the ones that can be carried out by LH and future-oriented projects. The process of deriving has undergone the process of statutory planning, unscrupulous plan analysis, and consultation of experts' advisory committees. In order to derive the regional cooperation project, four criteria such as local uniqueness, future possibility, business promotion efficiency, and local cooperation project were set. Major projects of the Jeju Special Self-Governing Province are improvement of the surrounding traffic system, construction of the hinterland due to the construction of the second airport, and establishment of Cruise Port(Jeju Port, Seogwipo Port). The role of each entity in the implementation of regional cooperation projects is as follows. Local government should request subsidies for the projects in case of lack of budget support and secure them through competition with other regions. In addition, it should be responsible for the operation and management of the facility once it has been supported and completed smoothly. The Ministry of Land, Infrastructure and Transport affects each region through approval and subsidy of the development plan. After the development project is completed, it evaluates the development project through monitoring and plays a role of continuously improving the system. As a business operator, the provincial corporation will carry out small-scale projects including non-physical projects such as community participation. In the case of LH regional headquarters, the general manager of the region will establish a comprehensive business plan, secure development availability, and carry out large-scale growth promotion projects.

• Ocean policy research
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• v.33 no.2
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• pp.83-119
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• 2018

Under the Korean Marine Environment Management Act (hereunder, the KMEMA), the duty to arrange spill clean-up equipments, including spill clean-up vessels, required by the article 67 of the KMEMA is in essence the provision of public goods since it is a precautionary or preventive measure for the efficient performance of oil spill cleaning up. Also the obligation to control marine pollution and the duty to arrange of anti-pollution measures imposed on polluters is the obligation imposed by the public law in accordance with "the Polluter-Pays Principle". Therefore, the execution of such obligations shall be accompanied by the minimum legal and institutional arrangements. On the other hand, judging whether to form the roles of the public and private sectors in providing public goods is basically a matter of policy decision. However, even if the private sector is allowed to participate in the provision of public goods, it is imperative that a minimum requirement be provided to secure the public interest. Although major countries allows polluters to conclude a preliminary contract with a civil anti-pollution management company, these civilian institutions are in principle constituted by the owners of oil storage facilities. Additionally it is worth noting that it operates as a non-profit organization. In particular, if the practitioner performs pollution control for commercial purposes, their profitability may depend on the size of the pollution, the period spent on pollution control, the size of the equipment and manpower mobilized in the pollution control, and so on. Considering the above problems, caution should be taken to allow marine environmental management companies to be un-limitedly entrusted with the responsibility of arranging measures such as pollution control. In order to allow the marine environmental management contractor to be entrusted for the assignment of duty to protect the marine environment, the marine environment management business should be expanded so that the marine pollutant management capacity satisfies the statutory control capacity. For this purpose, it is necessary to manage and supervise the maintenance and improvement of the control capability of the marine environment management business. It is also necessary to discuss the introduction of the grading system for the control ability of the civil control companies alike in major countries.

• 한국사회정책
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• v.25 no.2
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• pp.429-446
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• 2018

The $4^{th}$ Industrial Revolution, symbolizing the explosive innovation of digital technologies, is expected to have a great impact on labor relations and produce a lot of contested issues. The labor-management issues, created by the $4^{th}$ Industrial Revolution, are as follows: (1) employment restructuring, job re-allocation, and skill-reformation, driven by the technological displacement, resetting of worker-machine relationship, and negotiation on labor intensity and autonomy, (2) the legislation of institutional protection for the digital dependent self-employed, derived from the proliferation of platform-mediated labor, and the statutory recognition of their 'workerness', (3) unemployment safety net, income guarantee, and skill formation assistance for precarious workeforce, (4) the protection of worker privacy from workplace surveillance, (5) protecting labor rights of the digital dependent self-employed and prcarious workers and guaranteeing their unionization and collective bargaining. In comparing how labor unions in Western countries have responded to the $4^{th}$ Industrial Revolution, German unions have showed a strategic approach of policy formation toward digital technological innovations by effectively building and utilizing diverse channel of social dialogue and collective bargaining, while those in the US and UK have adopted the traditional approach of organizing and protesting in attempting to protect the interest of platform-mediated workers (i.e. Uber drivers). In light of the best practice demonstrated by German unions, it is necessary to build the process of productive policy consultation among three parties- the government, employers, and labor unions - at multi levels (i.e. workplace, sectoral and national levels), in order to prevent the destructive damage as well as labor-management confrotation, caused by digital technological innovations. In such policy consultation procesess, moreover, the inclusive and integrated approach is required to tackle with diverse problems, derived from the $4^{th}$ Industrial Revolution, in a holistic manner.

• Korean Journal of Heritage: History & Science
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• v.37
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• pp.371-405
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• 2004

International circulation of cultural assets involves numerous countries thereby making an approach based on international law essential to resolving this problem. Since the end of the $2^{nd}$ World War, as the value of cultural assets evolved from material value to moral and ethical values, with emphasis on establishing national identities, newly independent nations and former colonial states took issue with ownership of cultural assets which led to the need for international cooperation and statutory provisions for the return of cultural assets. UNESCO's 1954 "Convention for the Protection of Cultural Property in the Event of Armed Conflict" as preparatory measures for the protection of cultural assets, the 1970 "Convention on the Means of Prohibiting and Preventing the Illicit Import and Transfer of Ownership of Cultural Property" to regulate transfer of cultural assets, and the 1995 "Unidroit Convention on Stolen or Illegally Exported Cultural Objects" which required the return of illegally acquired cultural property are examples of international agreements established on illegal transfers of cultural assets. In addition, the UN agency UNESCO established the Division of Cultural Heritage to oversee cultural assets related matters, and the UN since its 1973 resolution 3187, has continued to demonstrate interest in protection of cultural assets. The resolution 3187 affirms the return of cultural assets to the country of origin, advises on preventing illegal transfers of works of art and cultural assets, advises cataloguing cultural assets within the respective countries and, conclusively, recommends becoming a member of UNESCO, composing a forum for international cooperation. Differences in defining cultural assets pose a limitation on international agreements. While the 1954 Convention states that cultural assets are not limited to movable property and includes immovable property, the 1970 Convention's objective of 'Prohibiting and preventing the illicit import, export and transfer of ownership of cultural property' effectively limits the subject to tangible movable cultural property. The 1995 Convention also has tangible movable cultural property as its subject. On this point, the two conventions demonstrate distinction from the 1954 Convention and the 1972 Convention that focuses on immovable cultural property and natural property. The disparity in defining cultural property is due to the object and purpose of the convention and does not reflect an inherent divergence. In the case of Korea, beginning with the 1866 French invasion, 36 years of Japanese colonial rule, military rule and period of economic development caused outflow of numerous cultural assets to foreign countries. Of course, it is neither possible nor necessary to have all of these cultural properties returned, but among those that have significant value in establishing cultural and historical identity or those that have been taken symbolically as a demonstration of occupational rule can cause issues in their return. In these cases, the 1954 Convention and the ratification of the first legislation must be actively considered. In the return of cultural property, if the illicit acquisition is the core issue, it is a simple matter of following the international accords, while if it rises to the level of diplomatic discussions, it will become a political issue. In that case, the country requesting the return must convince the counterpart country. Realizing a response to the earnest need for preventing illicit trading of cultural assets will require extensive national and civic societal efforts in the East Asian area to overcome its current deficiencies. The most effective way to prevent illicit trading of cultural property is rapid circulation of information between Interpol member countries, which will require development of an internet based communication system as well as more effective deployment of legislation to prevent trading of illicitly acquired cultural property, subscription to international conventions and cataloguing collections.