• Title/Summary/Keyword: 계약해석

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Construction of Korean Experiance Life Table (한국인의 경험생명표 작성 및 통계적 해석)

  • Hong, Yeon-Woong;Lee, Jae-Mann;Cha, Young-Jun
    • Journal of the Korean Data and Information Science Society
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    • v.8 no.2
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    • pp.153-161
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    • 1997
  • A Korean exporience life table(male) is constructed by using a mixture of weighted moving average(WMA) model and Gompertz' parametric survival model based on 25,000,000 insured of major 6 life insurance companies from 1988 to 1992. The graduated values are taken as those which minimize the composite measure of fittness and smoothness. Moreover, we propose closed form estimators for three parameters of Gompertz' model.

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Optimization of the Heat Input Condition on Arc Welding (아아크 용접시 입열 조건의 최적화에 관한 연구)

  • 박일철;박경진;엄기원
    • Journal of Welding and Joining
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    • v.10 no.2
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    • pp.32-42
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    • 1992
  • A method of optimization of process parameters in Arc Welding has been discussed in this paper. The method of investigation is based on the numerical calculation of weld bead by a finite element method and non-linear optimization technique is applied to estimated the optimization process parameters from the numerical calculation. The common package program(ANSYS 4.4A) was used to obtain the process parameters for a thin plate arc welding (TIG, CO$_{2}$). The results on some test are satisfactory and the used method of this paper is a useful guide to the optimum welding condition.

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Case Analysis on Dispute Resolution in International OEM Transactions (국제 OEM 거래상의 분쟁해결에 관한 사례연구)

  • Park, Won-Hyung;Kim, Sung-Man
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.47
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    • pp.79-104
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    • 2010
  • The Original Equipment Manufacturer(OEM) Export is one of the most frequent trading system in international transactions, especially for Korean export companies. Even with vast majority of benefits of OEM Export, it still has two sides: bright and dark. Frequently, uneven position between parties drives a party to endure transactional practices harsh and unconscionable. A Recent case in one Korean court shows another aspect of OEM transactions. For the provisional measure against unilateral termination of the contract, it contain essential legal issues that can arise in international OEM transactions, like international jurisdiction, interpretation of contracts, termination of contracts, etc. Deep analysis of several issues in the case, apart from the court's decision, is expected to give insight into the legal status of the parties for strategic operations of OEM practices.

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물가안정(物價安定)을 위한 선진제국(先進諸國)의 중앙은행제도(中央銀行制度) 개혁(改革): 그 이론적(理論的) 기초(基礎)

  • Yu, Yun-Ha
    • KDI Journal of Economic Policy
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    • v.19 no.2
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    • pp.3-71
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    • 1997
  • 물가안정을 위해 중앙은행제도를 근본적으로 개혁하려는 움직임이 90년대 들어 전세계적으로 번져가고 있다. 이같은 움직임은 전후 50년간 통화정책을 통하여 성장과 완전고용, 대외균형, 물가안정 등 복수목표를 동시에 달성하려던 정책운영방식에 대한 반성으로부터 출발하고 있다. 따라서 제도개혁은, 통화정책 목표의 우선순위를 정비함으로써 정책목표를 물가안정으로 일원화하고 동시에 중앙은행의 독립과 책임을 강화하는 형태를 취하고 있다. 본고에서는, 최근 이같은 선진국 중앙은행제도 개혁의 개념적 기초가 된 재량적 통화정책의 인플레성향이론을 개관하고 대안으로 제시되고 있는 위임방식, 성과급 계약제, 성가(reputation)메커니즘 등을 요약하였다. 또 선진제국이, 특히 뉴질랜드가 도입하고 있는 '인플레 타깃팅제도'의 내용을 이론적 모형에 비추어 해석함으로써 현재 진행중인 우리나라 중앙은행제도 개혁방향에 대한 시사점을 얻고자 하였다.

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A Study on Real Estate Title Trust (부동산 명의신탁에 관한 연구)

  • Park, Jong-Ryeol
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2021.07a
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    • pp.417-419
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    • 2021
  • 명의신탁이란 신탁자와 수탁자 간의 대내적 관계에서는 신탁자가 부동산소유권을 보유하고 신탁목적물이 부동산을 관리하고 수익 및 처분하면서 등기의 공부상 소유명의만을 수탁자로 하여 두는 제도로서 구법시대 부터 판례에 의하여 인정되어왔다. 부동산소유권과 그 밖의 물권을 실체적 권리관계에 부합하도록 실권리자 명의로 등기함으로써 부동산등기제도를 남용한 불법행위 등 반사회적 행위를 예방하고 부동산 거래의 안정화를 도모하여 국민경제의 건전한 성장에 기여함을 목적으로 1995년 제정된 부동산실명법에 의하여 원칙적으로 명의신탁이 금지될 뿐만 아니라 엄격하게 해석되어야 함에 불구하고 아직도 명의신탁은 척결되지 않고 있는 것이 사실이다. 특히 명의신탁에 있어서 부동산실명법에 의거 명의신탁약정이 무효가 된 경우에 명의신탁 대상의 부동산소유권이 누구에게 귀속되는가 등 여러 가지 문제점이 대두되고 있다. 따라서 명의신탁은 계약자유의 원칙이 지배하는 현시점에서 법률행위 논리가 반영되어야 할 것으로 본다.

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Comparative Analysis of Unjust Enrichment as a Governing Law in International Arbitration Between The U.S. and Korea (국제중재 준거법으로서의 부당이득법리에 관한 한미간 비교 연구)

  • 하충룡
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.657-682
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    • 2004
  • The method of finding the laws in the common law countries is significantly different from that in French civil code countries. The former usually derives the laws from the previous court decisions and applies the derived rules to the current case, called inductive, while the latter prescribes the laws beforehand and then applies the prescribed rule to the current case, called deductive. Such dichotomy in comparative legal research seems to be most recognizable and common. Accordingly, the mainstream of comparative legal research would come from comparison of common laws with civil codes. (omitted)

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A Legal Study on liability for damages cause of the air carrier : With an emphasis upon liability of passenger (항공운송인의 손해배상책임 원인에 관한 법적 고찰 - 여객 손해배상책임을 중심으로 -)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.3-35
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    • 2013
  • Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passenger transportation accident is a need more discussion of legal discipline for this particular. Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the "working for the elevation" or "aircraft" on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of "working for the lifting of" the concepts defined in the same way from Warsaw Convention "accident". In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the "personal injury" in the damage of the passenger is in the range of damages. If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence "for" intentional or negligent "Korean Air's Terms" I considered judgment of compatibility is required, and that gross negligence is appropriate. The "Korean Air international passenger Conditions of Carriage", airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.

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A study on the exemption of liability of air carriers (항공운송인의 손해배상책임 면제에 관한 법적 고찰)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.95-116
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    • 2015
  • Air transport agreement can be divided into air passenger contract of carriage and aviation also of the contract of carriage. And air carriers for damages greater (1) cause reason, of (2) limit reason, (3) exemption reason. Exemption reason for the extinction of the liability for damages in our Commercial Code, the Convention and domestic law are mixed. Convention on the Commercial Code and air transport, air transport people, if it is proved and that it has taken all the measures that are needed for the prevention of damage to overdue damage of passengers, liability is waived. So what was to achieve the requirements of all the actions that are reasonably necessary in any case is a problem. Amendment has the feature that the treaty for the International Air Transport reflect in accordance with the domestic situation, while being struck by international standards encompassing land, sea and air transport, even on the system. However, Commercial Code while mainly reflect the Montreal Convention governing air carrier's liability issues on the contract of carriage, a problem which the Convention had also began to occur together. So the problem due to accept the treaty to fit the domestic situation occurs. There is a need for analysis of all of the actions that are "reasonably necessary, which is defined in the Commercial Code. If there is no claim within Value Date rotor two years to air carriers on the court for the damage caused by air transport, the responsibility of air carriers disappear, sued the period of such two years, what kind of meaning on domestic law extension and stop to be whether it is interpreted, it should be determined to do their aggressive measures for the reasonable care and accident prevention.

A Study on the legal position of the carrier under the right of stoppage in transit of CISG (국제물품매매계약(CISG)의 운송유보권 하에서 운송인의 법적지위에 관한 연구)

  • Lim, Jaewook
    • International Commerce and Information Review
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    • v.16 no.3
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    • pp.159-182
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    • 2014
  • CISG Article 71 (1) states that a party may suspend the performance of his obligations if, after the conclusion of the contract, it becomes apparent that the other party will net perform a substantial part of his obligations as a result of a serious deficiency in his ability to perform or in his creditworthiness or his conduct in preparing to perform or in perfoming the contract. CISG Article 71 (2) states a 'right of stoppage in transit' that if the seller has already dispatched the goods before the grounds described in the preceding paragraph become evident, he may prevent the handing over of the goods to the buyer even though the buyer holds a document which entitles him to obtain them. The present paragraph relates only to the rights in the goods as between the buyer and the seller. Under the right of stoppage in transit, the carrier copes with risks that the seller may claim damages arose from the handing over the goods, if he hand over the goods to the buyer and that the buyer may claim damages, if he deny handing over the goods to the buyer who has the document which entitles him to obtain the goods. Therefore the legal position of the carrier may become weak. This paper purpose to point out the legal weakness of the carrier under the right of stoppage in transit and to provide the proper legal act of the carrier and possible practice related to various characters of the contract of sale of the goods. Although there is the opinion it prevent from handing over the goods to the buyer actually under the interpretation that the buyer should take claim damages to the seller, if the goods are handed over to the buyer under the right of stoppage in transit, it is not appropriate because the opinion may disable the right of stoppage in transit. The right of stoppage in transit could be carried out under any payment conditions except letter of credit and under any mode of transportation except the cases that carrier is the buyer himself or the agent of the buyer. It could be executed regardless the forms of the transport document.

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Securement Method of proper actual unit cost by historical construction costs in the electrical construction works (전기공사 실적공사비 적정 실적단가의 확보 방안 연구)

  • Kim, Gwang-Gon;Choi, Seung-Dong;Park, Min-Young;Hyun, So-Young
    • Proceedings of the KIEE Conference
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    • 2011.07a
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    • pp.2120-2121
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    • 2011
  • 현재 정부가 추진하고 있는 전기분야 실적공사비 적산제도와 관련된 최근의 움직임은 당초의 취지와 달리 실적공사비에 대한 개념 부족과 임의적 해석 등으로 실적공사비 적산제도 도입의 바람직한 방향성에도 불구하고, 실적단가 축적의 기초 자료인 계약내역서의 직접 공사비 낙찰률 적용 관계 등 실적단가의 적정성에 대한에 근본적인 접근보다 예산절감, 물가안정 측면으로 접근하여 시장단가 반영에 대한 왜곡현상이 발생 할 수 있는 제도상의 문제점으로 실적단가 축적에 대한 적정성 판단에 따른 실적단가의 보정 수단이 미약하여, 현행 법제도 하에서 실적단가의 적정성 확보를 위한 대응 방안을 제시하여 실적공사비를 정착시킬 필요가 있다. 왜냐하면 품셈에 의한 문제점 등으로 실적공사비 적산제도로 공공 건설공사의 예정가격산정 방식을 전환 하였다고 볼 때, 본 제도의 실패는 또 다른 제도로의 전환 또는 보완이 필요하다고 판단된다.

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