• Title/Summary/Keyword: legal position

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A Legal Position of Confirming Bank and Limits of Responsibilities between the Confirming Bank and the Contract Parties at the Documentary Credit Transactions (화환신용장거래(貨換信用狀去來)에서 확인은행(確認銀行)의 법적(法的) 지위(地位)와 관계당사자(關係當事者)에 대한 책임(責任)의 한계(限界))

  • Jang, Heung-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.605-630
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    • 2000
  • A letter of credit plays very important roles in rational and smooth international trade. But the parties to letter of credit transactions can bring about many troubles and losses in such transactions because of ignorance and limits of their rights and responsibilities. The purpose of this study is to analyze a legal position of confirming bank and limits of responsibilities of the confirming bank on the UCP and authoritative decisions by ICC. I attempts to analyze a legal position of confirming bank and limits of responsibilities between the confirming bank and the contract parties at the documentary credit transactions on the basis of theoretical, lawful, and international transactions.

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THE PROBABILISTIC METHOD MEETS GO

  • Farr, Graham
    • Journal of the Korean Mathematical Society
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    • v.54 no.4
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    • pp.1121-1148
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    • 2017
  • Go is an ancient game of great complexity and has a huge following in East Asia. It is also very rich mathematically, and can be played on any graph, although it is usually played on a square lattice. As with any game, one of the most fundamental problems is to determine the number of legal positions, or the probability that a random position is legal. A random Go position is generated using a model previously studied by the author, with each vertex being independently Black, White or Uncoloured with probabilities q, q, 1 - 2q respectively. In this paper we consider the probability of legality for two scenarios. Firstly, for an $N{\times}N$ square lattice graph, we show that, with $q=cN^{-{\alpha}}$ and c and ${\alpha}$ constant, as $N{\rightarrow}{\infty}$ the limiting probability of legality is 0, exp($-2c^5$), and 1 according as ${\alpha}$ < 2/5, ${\alpha}=2/5$ and ${\alpha}$ > 2/5 respectively. On the way, we investigate the behaviour of the number of captured chains (or chromons). Secondly, for a random graph on n vertices with edge probability p generated according to the classical $Gilbert-Erd{\ddot{o}}s-R{\acute{e}}nyi$ model ${\mathcal{G}}$(n; p), we classify the main situations according to their asymptotic almost sure legality or illegality. Our results draw on a variety of probabilistic and enumerative methods including linearity of expectation, second moment method, factorial moments, polyomino enumeration, giant components in random graphs, and typicality of random structures. We conclude with suggestions for further work.

A Review of Wetland Policies and Related Guidelines of Leading Nations and Korea with Emphasis on Creation of Artificial Wetlands

  • Lee, Yong-Hee;Lee, Mi-Jin
    • Ocean and Polar Research
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    • v.24 no.1
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    • pp.93-114
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    • 2002
  • Legal regimes of major countries actively involved in wetland programs including USA, Japan, Germany, Netherlands, and Denmark, show that these leading nations have developed their own legal regimes and policies for the conservation and restoration of wetlands since early 1990s. The main feature of their position is to preserve, create and restore wetlands, including tidal flats. However, this approach, so called 'mitigation' policy, is thus far, not a fully established policy but an evolving one. For Korea, there are only a few laws and policies which hint at the importance of creating coastal wetlands as a conservation measure, however, most of those systems only exist as vague provisions which lack any tangible and compulsory implementing procedures and technical guidelines. It seems that it is necessary to strengthen the legal measures for conserving coastal wetlands in Korea including specifying economic assessment methods and funding sources for the creation, restoration and rehabilitation of tidal flats to firmly establish a national wetland mitigation policy.

The Legal Analysis of Limitations for Teacher's Corporal Punishment on Students (교사의 학생체벌 한계에 대한 법리적 분석)

  • Lee, Woo-Tae
    • Journal of Fisheries and Marine Sciences Education
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    • v.22 no.3
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    • pp.445-459
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    • 2010
  • The purpose of this paper was to discern the nature of socially acceptable corporal punishment through legal analysis. To do this, the researcher attempted to clarify the concept of corporal punishment, to figure out the current legal position about corporal punishment, and to examine the court cases against corporal punishment. The results of the study were as follows: Firstly, corporal punishment is intentional physical or emotional aversive stimuli to students who violated the rules and norms, to reduce or fix specific undesirable behaviors, by the person who is in charge of discipline of students. Secondly, current regulations do not accept corporal punishment in principle. Thirdly, court cases did not admit the corporal punishment in principle, but did not charge legal liability if the corporal punishment was done in proper manner in view of education. However, the judicial precedents are getting more strict focusing on the human rights of students.

A Study on the legal status about chief of fishing boats (어로장의 법률상의 지위에 관한 연구)

  • Lim, Seok-Won
    • Journal of Fisheries and Marine Sciences Education
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    • v.23 no.4
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    • pp.723-733
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    • 2011
  • On the general fishing boat in the same person of the fishing Chief and the Captain, the fishing chief positions are not separately. In this case, in Civil, Criminal and Administrative law, does not cause any problems. Just he take only responsibility for the legal effect of each, this is a natural solution for the effects of laws. But, if make one work unit, the fishing chief take fishing work from the position of the dominant of the captain, and moreover throughout the voyage work commands the captain. Such fishing chief center structure have roots institutive. In the case, according to legal liability by presenting solutions to the problem are as follows : firstly, The legal division Of the Sailing courses and operation course are necessary. Secondly, In the adminstrative ship official law, obligatory acquisition of the fishing Chief marine engineer qualification is necessary.

Formation of Legal and Professional Competence of Students of Higher Educational institutions in the Context Of The COVID-19 Pandemic

  • Myroslav Kryshtanovych;Iryna Khomyshyn;Viktor Bardachov;Hryhorii Bukanov;Iryna Andrusiak;Liudmyla Antonova
    • International Journal of Computer Science & Network Security
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    • v.23 no.12
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    • pp.175-180
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    • 2023
  • The main purpose of the study is to identify the key aspects of the formation of legal and professional competence of students of higher educational institutions in the context of the COVID-19 pandemic. The modern system of public relations tightens the requirements for the professional and legal competence of specialists in all spheres of life. The development of a unified nationwide strategy in the field of education focused on the formation and development of young people's skills for life in the information society, is aimed at finding ways to form an active position of a future specialist, developing an experience of a holistic understanding of the professional activity, systemic action in solving new problems and tasks. The methodology includes a number of theoretical methods. Based on the results of the study, the main elements of the formation of legal and professional competence of students of higher educational institutions in the context of the COVID-19 pandemic.

A Study on the Legal Bases for the Gross Disparity under PICC (국제상사계약에 관한 일반원칙(PICC)하에서 현저한 불균형에 관한 법적 기준)

  • YOON, Sang-Yoon;SHIM, Chong-Seok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.127-151
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    • 2016
  • UNIDROIT Principles of International Commercial Contracts(PICC) was published in 1994. PICC has been functioned as a guideline of international commercial contracts, an applicable law to govern a contract by the agreement of the parties to a contract, general principles of law and lex mercatoria. In addition, PICC has a role of interpreting or supplementing international uniform law instruments as well as domestic laws, and also has served as a model for national and international legislations. PICC has been accepted as a authoritative source of knowledge of international trade usages of international commercial contracts to the arbitral tribunal rather than domestic court because it excluded the characteristics of hard law at the drafting stage. This article dealt with the rule on gross disparity of validity which fall outside the scope of UN Convention on Contract for the International Sale of Goods(CISG), which has obtained a leading legal position of uniform law in international sales of good. In other words, PICC suggests a series of meaningful solutions to the issue of gross disparity of contract which is the most complicated among legal disputes occurring during the process of conclusion of contact and also extremely different and diverse between legal systems. This article covered the issue of gross disparity of contract at the conclusion of contact and suggested the legal basis of several rules related to the gross disparity by analysing gross disparity rule of PICC. Furthermore, this article suggested legal check points or implication as well as interpretation and evaluation on doctrine of laesio enormis and undue influence or unconscionability. This article also dealt with a comparative analysis with Principles of European Contract Law(PECL) and Common European Sales Law(CESL) which have important legal positions in the area of international commercial contract as well as in terms of close relationship to PICC by linking with recent court or arbitral tribunal rulings.

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Russia's Perception of Influence on Eurasia and Changing Position on the Caspian Sea (러시아의 유라시아 영향력 인식과 카스피해 입장 변화)

  • Son, Moogab
    • Maritime Security
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    • v.1 no.1
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    • pp.31-59
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    • 2020
  • The purpose of this study is to clarify why Russia has changed its position on the Caspian Sea Convention to allow cross-Caspian routes. The theory that explains Russia's change of position on Eurasian integration suggests isolation from the West and rising political and economic importance in the Asia-Pacific as cause, but fails to explain the cause of the change in position that could allow Western influence. Thus, this article suggests that a change in Russia's perception on expanding Eurasia's influence as the cause of the change on its position on the Caspian Sea.

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