• Title/Summary/Keyword: 準據法

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The Writing Requirement of Contracts for International Sales of Goods: the CISG and the US Laws (국제물품매매계약에서의 서면요건에 대한 고찰: 미국계약법과 CISG 비교를 중심으로)

  • Ha, Choong-Lyong
    • International Commerce and Information Review
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    • v.14 no.4
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    • pp.203-225
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    • 2012
  • This paper investigates the difference of writing requirements between the UCC2. and the UN convention on international sales of goods (CISG). To do it, the U.S writing requirement by statute of frauds was introduced by two sources of laws including common law and UCC${\S}$2-201. Although the U.S. statute of frauds requires some contract to be written with formalities, the way the requirement is satisfied is quite flexible in terms of its formalities. The UCC is more flexible than the common law in its formalities. The CISG does not require the sales contract to be written with any format, which is totally different from the U.S statue of frauds. Such differences between the U.S laws and CISG in writing requirement were investigated in the context of conflicts of laws.

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The Development of the Process-oriented Evaluation Criteria for the Cyber Education Program of Human Resource Development (인재개발 사이버 교육 프로그램의 과정중심 평가준거 개발)

  • Lee, Kyu-Nyo;Choi, Won-Sik;Park, Ki-Moon
    • Journal of vocational education research
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    • v.29 no.3
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    • pp.157-185
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    • 2010
  • This study aims to develop a process-oriented evaluation criteria that can be applied during the collection, description, and the provision of information necessary to improving and sustaining the cyber education program for human resource development. The conclusion obtained in the study is as described below. First, the process-oriented evaluation criteria of cyber education program for human resource development was divided into 4 dimensions, 13 evaluation categories, 29 evaluation sub-categories, and 125 evaluation clauses. Secondly, the process-oriented evaluation criteria of cyber education program for human resource development was divided into 4 dimensions, 13 evaluation categories, 29 evaluation sub-categories, and 125 evaluation clauses through the Delphi research method. Thirdly, the contents validity ratio (CVR) of each clauses ranged between .31-1.00 and therefore can be said to be valid. Also, the Cronbach's credibility for the validity of the developed evaluation criteria scored .980.

A Study on the Determination of Applicable Law to the Arbitration Agreement in International Arbitration (국제중재에 있어서 중재합의의 준거법 결정에 관한 연구)

  • Lee Kang-Bin
    • Journal of Arbitration Studies
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    • v.15 no.2
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    • pp.197-224
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    • 2005
  • The purpose of this paper is to make research on the party's autonomy principle and the applicable law to the arbitration agreement, the applicable law to the validity of the arbitration agreement, the applicable law to the arbitrability of the arbitration agreement, the applicable law to the contracting ability of the arbitration agreement, and the applicable law to the method of the arbitration agreement. If no choice of law is made by the parties with respect to the arbitration agreement-which is the stand situation-the validity of the agreement may have to decided under its proper law, or under the law of the place of arbitration, or the law of the place of enforcement. If the subject matter is not arbitrable, the arbitration agreement remains without effect. The rules determining arbitrability may differ from one country to another, from one legal system to another. If a party is lacking capacity to enter into an arbitration agreement, the recognition and enforcement of the arbitral award may be refused at the request of the party against whom it is invoked. This principle is laid down in the New Yark Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The validity of an arbitration agreement sometimes also depends on the form in which it is made. Article II. 2 of the New York Convention states that the term 'agreement in writing' shall include an arbitral clause in a contract or an arbitration agreement, signed by the parties of contained in exchange of letters or telegrams.

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Legal Issue in Case of Death or Injury of an International Crew While on Board (국제항공운송 승무원이 항공기내에서 사상(死傷)을 당한 경우 법률관계 - 국내외 판례의 분석을 중심으로 -)

  • Kim, Sun-Ah
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.137-168
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    • 2020
  • Air passengers may be compensated for damages based on the above agreement when the passenger suffers an accident to the extent that they are recognized as an accident under Article 17 of the Montreal Convention in 1999. If a flight or cabin crew and passengers both undergo an accident, passengers are subjected to compensation under the Montreal Convention however flight cabin crews will be compensated by the Labor Law, which is the governing law in the labor contract with the airline. The flight or cabin crew boarding the aircraft work is on a work contract, not a passenger transport contract. Therefore, if the flight or cabin crew on the aircraft is injured due to an accident, and the air carrier is liable for default due to a labor contract, the Labor Law, workers or survivors claim damages due to illegal acts against the employer. In which case, civil law will apply. In this regard, if a Chinese cabin crew working for a Chinese airline dies due to an accident in the Republic of Korea, whether the family of the deceased claims damages against the Chinese airline or not has international court jurisdiction in the Republic of Korea, which is the place of tort. We examined whether it is the law of the Republic of Korea or whether it's the Chinese law, the law applicable to the work contract, is applied. Also, Seoul District Court 1995.5.18. The sentence 94A 14144 was found that if the injured crew during the flight work was not satisfied with the insurance compensation under the Labor Standards Act and the Industrial Accident Compensation Insurance Act, he could claime to damage under the civil law against an air carrier or third parties responsible for the accident. This law case shows that you can claim a civil damage as a cause. In case of death due to an existing illness while on the way to work, the Korea Workers'Compensation and Welfare Service did not recognize the death of the deceased as an occupational accident, and the trial was canceled by the parents of the deceased for the survivor's benefit and funeral expenses. (Seoul Administrative Court 2017.8. 31. Although the sentence was judged as an occupational disaster in 2016, the 2016 8816 Decision), it was defeated in the appeals court (Seoul High Court 2018.7.19.Sentence 2017 No. 74186) and I criticized the judgment of the appeal by analyzing the deceased's disease and related the cause of it to workload. Sometimes, a flight or cabin crew is on board not for the flight duty such as transferring to another flight or returning to the home base or lay-over place after their scheduled flight, this is called "Deadheading". If the crew who is not considered the same as a passenger, but is not on duty, is injured in an accident, does the crew claim compensation for damages under the labor contract or whether the Montreal Convention is applied to the passenger. In conjunction with the discussion, there was a similar case, In re Mexico City Aircrash of October 31, 1979, 708 F.2d 400 (9th Cir. 1983), Demanes v. United Airlines, 348 F.Supp. 13 (C.D.Cal. 1972), Sulewski v. Federal Express Corp., 749 F.Supp. 506 (S.D.N.Y. 1990) and reviewed by the European Court of Justice (CJEU) at Wucher Helicopter GmbH and Euro-Aviation Versicherungs AG v. After examining several acts in several countries it's undeniably crucial to clearly understand the definition of "passenger" as stated in the Fridolin Santer case.

A study of performance assessment system that used academic achievement analysis and prediction for promotion of self-directed learning ability (자기주도적 학습능력 촉진을 위한 학업성취도 분석 및 예측 수행평가 시스템 연구)

  • Kim, Hyun-Jeong;Choi, Jin-Seek
    • Proceedings of the IEEK Conference
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    • 2008.06a
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    • pp.677-678
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    • 2008
  • 이 연구는 프로그래밍 교과의 수행평가에서 자기주도적 학습능력 촉진을 위하여 학업성취도를 분석 및 예측하는 시스템을 목적으로 하였다. 이 연구에서 학업성취도의 평가는 루브릭을 적용하여 프로그래밍 수행평가의 채점을 논리력, 문제해결력, 창의력으로 측정하였으며 학업성취도를 분석하기 위해 학습자별 학업성취도를 측정 준거 별로 그래프로 표현하며 이동평균법을 적용하여 향후 점수를 예측하였다. 이로 인해 학습자는 평가 결과 그래프로 현재 자신의 학습상태를 파악하고 예측 결과로 자신의 학습의 준거 별 장 단점을 분석하여 학습 방향 및 학습시간에 대한 자기 성찰에 도움을 주어 자기주도적 학습능력을 촉진시킬 수 있도록 하였다.

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The Application and Prospects of UNIDROIT Principles(2004) in International Commercial Arbitration (국제상사중재에서 UNIDROIT원칙(2004)의 적용과 전망)

  • Hong Sung-Kyu
    • Journal of Arbitration Studies
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    • v.16 no.2
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    • pp.151-182
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    • 2006
  • The International Institute for the Unification of Private Law (UNIDROIT) established UNIDROIT principles, which could be applicable as international unified rules. The UNIDROIT Principles plays the role of interpreting and complementing CISG and functions as a law applicable to international commercial disputes. As shown by cases of practical application so far, the principles are expected to be applied frequently to international commercial arbitration in the future. In the situation that there is no internationally unified judicature, it is necessary to promote rational dispute resolution and legal stability through arbitration by adopting the UNIDROIT Principles of Lex Mercatoria as a governing law of international commercial contracts. In conclusion, UNIDROIT principles, along with CISG, are expected to playa great role as the applicable law of international commercial contracts and as standards for resolving international commercial disputes.

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Comparison of Pectin Hydrogel Collection Methods in Microfluidic Device (미세유체 장치에서 수거 방법에 따른 펙틴 하이드로겔 입자의 특성 비교)

  • Kim, Chaeyeon;Park, Ki-Su;Kang, Sung-Min;Kim, Jongmin;Song, YoungShin;Lee, Chang-Soo
    • Korean Chemical Engineering Research
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    • v.53 no.6
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    • pp.740-745
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    • 2015
  • This study investigated the effect of different collection methods on physical properties of pectin hydrogels in microfluidic synthetic approach. The pectin hydrogels were simply produced by the incorporation of calcium ions dissolved in continuous mineral oil. Then, different collection methods, pipetting, tubing, and settling, for harvesting pectin hydrogels were applied. The settling method showed most uniform and monodispersed hydrogels. In the case of settling, a coefficient of variation was 3.46 which was lower than pipetting method (18.60) and tubing method (14.76). Under the settling method, we could control the size of hydrogels, ranging from $30{\mu}m$ to $180{\mu}m$, by simple manipulation of the viscosity of pectin and volumetric flow rate of dispersed and continuous phase. Finally, according to the characteristics of simple encapsulation of biological materials, we envision that the pectin hydrogels can be applied to drug delivery, food, and biocompatible materials.

Investigation on Desorption Characteristics of VOCs Adsorbed on used Activated Carbons Collected from Painting Process (도장공정에서 수거한 폐활성탄에 흡착된 VOCs의 탈착특성 연구)

  • Kim, Joo Yeon;Yoon, Sung Min;Park, Kunyik;Yoon, Soo Kyung;Kil, In Sub;Park, Hui Jae;Rhee, Young-woo
    • Korean Chemical Engineering Research
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    • v.48 no.6
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    • pp.752-756
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    • 2010
  • Desorption reaction characteristics of the used activated carbons collected from painting process in Shiwha/Banwal industrial complex were investigated. Thermogravimetric analyzer was used to investigate the desorption characteristics. Activation energies and reaction orders for desorption reaction characteristics of used activated carbons were estimated by employing Friedman method and Freeman-Carroll method. In the used activated carbons collected from painting process, it was found that the activation energies were 20.6~43.2 kJ/mol in Friedman method and 12.3~26.5 kJ/mol in Freeman-carroll method, and reaction orders were 0.1~1.7.

A Case Study on Battle of Forms in International Commercial Contracts (국제상사계약에서 서식분쟁 사례에 관한 연구)

  • Han, Na-Hee;Ha, Choong-Lyoung
    • Korea Trade Review
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    • v.42 no.5
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    • pp.19-42
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    • 2017
  • Nowaday typically international commercial transaction, buyer and seller communicate with each other using standard forms. So called "the battle of forms" results from the exchanges of these forms. There are several problems that have to be solved in the battle of the forms. For example, Do the exchanges of the different terms form a contract? What are the contract terms? Which party's terms could apply? etc. Around the world, two basic types of rules are applied to solve the problem as to the battle of forms : last-shot rule and knock-out rule. In 2015, Hague Conference in Private International Law finally approved Hague Principles. The principles deal with the battle of the forms. Also in 2013, CISG Advisory Council adopted the "Black letter rules" to provide an effective way of resolving regarding the inclusion of standard terms under the CISG. This study would try to comprehensively review the battle of forms concerning Hague Principles and CISG. The aim of this study is to propose the most appropriate way to resolve the problem of the battle of forms both parties.

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