• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.55
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• pp.3-32
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• 2012

CISG article 74 establishes the general formula applicable in all cases where an aggrieved party is entitled to recover damages. It provides that damages for breach of contract comprise all losses, including loss of profits, caused by the breach, to the extent that these losses were foreseeable by the breaching party at the time the contract was concluded. An aggrieved party may claim under article 74 even if entitled to claim under article 75 or 76. The latter articles explicitly provide that an aggrieved party may recover additional damages under article 74. Articles 75 and 76 apply only in cases where the contract has been avoided. Article 75 measures damages concretely by reference to the price in a substitute transactions, while article 76 measures damages abstractly by reference to the current market price. Article 76 (1) provides that an aggrieved party may not calculate damages under article 76 if it has concluded a substitute transaction under article 75. If however, an aggrieved party concludes a substitute transaction for less than the contract quantity, both articles 75 and 76 may apply. Pursuant to article 77, damages recoverable under articles 74, 75 or 76 are reduced if it is established that the aggrieved party failed to mitigate losses. The reduction is the amount by which the loss should have been mitigated. Article 78 entitles a party to interest on the price and any other sum that is in arrears.

• Korean Journal of Construction Engineering and Management
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• v.6 no.5 s.27
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• pp.157-165
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• 2005

Recently, the term 'Provisional Sum(PS)' has been used in domestic public construction projects especially for civil works. Nevertheless, the guideline for PS has not been clearly stipulated in contract documents or construction-related laws. Due to these ambiguous contract situations, disputes between owners and contractors are surely expected to settle down PS in construction projects. This paper focused on suggesting a guideline to settle down PS in these ambiguous contract situations. The guideline suggested in the paper is expected to be used as a reasonable method to settle down PS avoiding nonproductive disputes about PS in construction projects

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.83-103
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• 2000

Through the this paper, a conclusion could be derived from CISG PICC MISC made by UNIDROIT, UNCITRAL, ICC of representative system making out a draft for uniform law, convention, trade usages. (1) In short, like most int'l sales rules applicable to commercial contracts, these rules play a supporting role, supplying answers to problems arising from transaction between the parties. (2) Though every one has in its own way a special feature, use of MISC made on the basis of actual facts which the parties are faced with their daily transactions, CISG and Incoterms being now in force, is desirable. (3) In case of use of MISC similar to a system of Incoterms, as PICC, it is necessary for MISC to set forth definitions about important terminology which is possible to give concerned parties confusion. (4) In a sense, PICC has a character complementing problems which CISG can not solve, therefore, if int'l agreement is given, it is desirable to adopt revised PICC adding specials conditions (A) of MISC as appendix of PICC such as Llouyd's Form in an appendix to MIA, as int'l convention.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.20 no.2
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• pp.13-20
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• 2020

One of the major issues surrounding big data is the availability of massive time-based or telemetry data. Now, the appearance of low cost capture and storage devices has become possible to get very detailed time data to be used for further analysis. Thus, we can use these time data to get more knowledge about the underlying system or to predict future events with higher accuracy. In particular, it is very important to define custom tailored contract offers for many households and businesses having smart meter records and predict the future electricity usage to protect the electricity companies from power shortage or power surplus. It is required to identify a few groups with common electricity behavior to make it worth the creation of customized contract offers. This study suggests big data transformation as a side effect and clustering technique to understand the electricity usage pattern by using the open data related to smart meter and KNIME which is an open source platform for data analytics, providing a user-friendly graphical workbench for the entire analysis process. While the big data components are not open source, they are also available for a trial if required. After importing, cleaning and transforming the smart meter big data, it is possible to interpret each meter data in terms of electricity usage behavior through a dynamic time warping method.

• The Korean Journal of Financial Management
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• v.9 no.1
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• pp.223-262
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• 1992

This paper develops a theory of the demand for insurance. The present model incorporates insurance demand time value of insurance premium, and demand for listless and risky assets simultaneously within the expected utility framework. For a special case of CARA, an insurance decision can be made separately from other portfolio decisions. However, in general, the interactions of both decisions cannot be ignored even when insurable and speculative risks are stochastically independent. In particular, the role of risky investment in hedging insurable risk is demonstrated and it is shown that this role cannot be duplicated by an insurance contract. When the investment decision is made simultaneously with the insurance decision, some of the classic theory on insurance should be modified. As an example, the authors characterize the sufficient conditions, under which the Bernoulli criteria (without and with premium loadings) hold or are violated in terms of the net gain of risky investment, the net cost of insurance, and the stochastic relationship between insurable and speculative risks. The authors interpret the results using the Rothschild and Stiglitz's (1970) notion of 'increase in riskiness'.

• Proceedings of the CALSEC Conference
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• 2003.09a
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• pp.78-83
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• 2003

본 연구에서는 건설CALS/EC 기반의 정보화 추진을 위한 정보시스템을 개발할 때 적용되는 기존의 소프트웨어 개발방법론의 문제점을 분석하고, 표준화되지 않은 개발방법론의 적용으로 시스템 개발에 비효율적인 비용을 투자하는 문제점과 특성상 입찰, 구매, 계약 등 분야별로 상이한 기능의 업무에 따라 구축되는 건설산업 정보화에 있어서 상호간에 데이터 및 프로세스를 원활히 통합하지 못하므로 인하여 발생되는 개발의 중복성, 정보 활용의 비효율성 등의 문제점을 개선하고자 하였다. 이를 위하여 최근 새로이 부각되고 있는 방법론인 컴포넌트 기반 개발방법론(CBD: Component-Based Development)을 사용하여 건선CALS/EC 표준지침 웹서비스를 위한 시스템의 업무프로세스를 모델링하여 사용자가 쉽게 재사용가능하고 타업무분야에 확대 가능한 방향을 제시하였다. 본 연구를 위하여 기존의 소프트웨어 개발 방법론의 적용상 문제점 분석을 통하여 컴포넌트 기반 개발방법론의 필요성을 증명하고 비즈니스 컴포넌트 프레임워크를 사용하여 건설 CALS/EC 표준지침 웹서비스의 업무프로세스에 적용할 기술적인 방법론을 고찰하고 업무에 효과적으로 적용할 수 있는 업무프로세스 컴포넌트를 제시하였다. 본 연구에서 도출된 컴포넌트 모델은 향후 타업무분야의 시스템을 개발할 때 사용자요구분석 단계부터 별도의 재 작업이 없이 사용될 수 있으며 시스템을 구현할 때 개발 모듈의 중복방지와 용이한 비즈니스로직의 변경 등이 가능하며, 추가의 업무 프로세스나 연관된 다른 분야의 업무프로세스의 반영 및 추가 시 컴포넌트의 활동모델을 쉽게 수정하여 정의함으로써 쉽게 시스템의 기능을 확장할 수 있다.LE 산정에 관한 지속적인 실험적 연구가 이루어져야 하겠다. 증가할 것이다. 또한 부분육을 이용한 완전제품, 적색육제품, 유기농이나 별미식 제품과 같은 형태의 다양한 포장육 제품이 도입 될 것으로 생각되어진다.e in vitro SPF test method will be able to be used as an alternative method for in vivo SPF in case of lotion and cream. replica. A statistically significant improvement of Star Fruit Leaf Extract BG30-treated site was seen in decreased wrinkles. Star Fruit Leaf Extract BG30 results in clinically visible improvement in wrinkling when used topically for 5 weeks. 또한 관계마케팅, CRM 등의 이론적 배경이 되고 있는 신뢰와 결속의 중요성이 재확인하는 결과도 의의라고 할 수 있다. 그리고 신뢰는 양사 간의 상호관계에서 조성될 수 있는 특성을 가진 반면, 결속은 계약관계 초기단계에서 성문화하고 규정화 할 수 있는 변수의 성격이 강하다고 할 수가 있다. 본 연구는 복잡한 기업간 관계를 지나치게 협력적 측면에서만 규명했기 때문에 많은 측면을 간과할 가능성이 있다. 또한 방법론적으로 일방향의 시각만을 고려했고, 횡단적 조사를 통하고 국내의 한 서비스제공업체와 관련이 있는 컨텐츠 공급파트너만의 시각을 검증했기 때문에 해석에서 유의할 필요가 있다. 또한 타당성확보 노력을 기하였지만 측정도구

• Korean journal of communication and information
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• v.36
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• pp.135-161
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• 2006

The aim of this study is to examine who had participated as members of the editorial staffs and their role in the Independent. In spite of the historical significance of the Independent, this topic was not treated properly by related studies. Moreover many studies mainly based on the Philip Jaisohn's autobiography showed the tendency to overemphasize his role. This study tried to overcome the limitations of the existing studies by critical reinterpretation of the historical materials and some new documents. The result of this study shows that 9 persons participated in the Independent. They are Philip Jaisohn, Joo Si-kyung, Yoon Chi-ho, Homer B. Hulbert, Son Seung-yong, Lee Jun-il, Henry Gerhart Appenzeller, H. Emberley and George Cobb. Five person including Jaisohn were Koreans and the rest were foreigners. Hulbert took part in editing English edition confidentially during some month from the beginning. Son Seung-yong seems to be the only one man to participate from beginning to end. Lee Jun-il was not a editorial staff but a treasurer, and Cobb participated temporarily in proofreading. Hulbert and Cobb were not official staff.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.7
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• pp.1267-1273
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• 2022

Although the Korea shipbuilding industry has recently been receiving most of the orders for ships in the world, production processes are being disrupted due to a shortage of manpower at the production site. This is because the workers quit the shipyard as both work and wages were reduced due to the long slump in the shipbuilding industry. The main reason for the increase in orders was the large-scale orders for Qatar LNG carriers, and the situation in which the technical specifications required for ships are becoming more complex is also working to an advantage. Because the contract delivery time is of utmost importance for ships, the dock launch plan is the most important management item among the shipyard's major processes. The structure to be built in the dock may be a hull that has left the design work or a finished vessel, and in some cases, it is often at the level of some blocks of the hull. When launching, the hull is affected by the hogging or sagging moment due to the fluid force, and securing the safety of the structural strength of the block connection is of utmost importance. In a normal process, the connecting member launches after welding has been completed, but in actual shipbuilders, quick decision-making is needed on the conditions for securing structural safety to comply with the docking schedule. In this study, a detailed analysis method and applicability using a bending stress evaluation method and finite element analysis modelling were analyzed to rationally judge the above-mentioned problems from an engineering point of view. The main contents mentioned in the thesis can be used as good examples when conducting similar structural strength evaluations in the future.

• Journal of Legislation Research
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• no.41
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• pp.337-366
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• 2011

In this article, I intend to analyze the definition of an employee under the Trade Union Act in Japan. Recently, the Supreme Court of Japan held that not only opera singer but also customer engineer is an employee under the Act. Conclusions are as follows:First, it is noteworthy that the Supreme Court reaffirmed the principle of all circumstances established by CBC case. The case focused on deciding that who is an employee under the Act. Notwithstanding this holding of the Supreme Court, district courts and courts of appeals, in deciding this kind of question, have emphasized especially on the side of a legal right and obligation on a contract between an employer and a potential employee. Therefore an independent contractor has not been generally recognized as an employee under the Act. However, even though he or she was, as an independent contractor in name, offering its work to his or her putative employer, the Supreme Court applied the principle of all circumstances to both cases and held in favor on the workers on April, in 2011. Second, the Supreme Court failed to make a general legal principle for deciding that who is an employee under the Act. According to the above holdings of the Supreme Court, nobody can anticipate wether he or she is an employee or not in a concrete case. Finally, the Supreme Court did not also make its opinion clearly about the relations between an employee of the Section 3 of the Act and an employee whom an employer employs under the Section 7(2) of the Act. In conclusion, it can be said that the Supreme Court has narrowly and strictly interpreted an employee of the Section 3. That is to say, only where an employee is recognized as an employee of the Section 7(2), the employee will be also an employee of the Section 3. In Japan, however, the majority interprets that an employee by the Section 3 should be distinguished from the employee whom an employer employs by the Section 7(2). Consequently, according to the majority opinions, unemployed persons, students and citizens will be also included in the definition of an employee by the Section 3.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.39-77
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• 2019

Crew members engaged in international air transportation provide work in many countries due to the nature of their work. According to the Private International Act, the place where the employee habitually carries out his/her work plays an important role in the determination of the governing law of the international labor contract (Article 28, Paragraph 2) and in the decision of international jurisdiction (Article 28, Paragraphs 3 and 4). The concept of the place where the employee habitually carries out his/her work was proposed by the EU to determine international jurisdiction and governing law. In international aviation law, the legislative purpose of the place where the employee habitually carries out his/her work is different from that of home base, which is a concept introduced for fatigue management of the crew in order to secure the aviation safety; thus the place where the employee habitually carries out his/her work and home base are not the same concept. In order to determine the place where the employee habitually carries out his/her work, following matters should be considered comprehensively; (i) where the crew starts and ends work, (ii) where the aircraft the crew is performing work on is primarily parked, (iii) where the crew is informed of the instructions and organizes his/her work activities, (iv) where the crew is obliged to reside according to the labor contract, (v) where there is an office provided by the employer and available to the crew, (vi) where the crew is obliged to be when he/she is ineligible for the work or subject to discipline. However, since all of the above items are the same as the location of the home base, it is reasonable to consider the home base as the most important factor when deciding on the place where the employee habitually carries out his/her work. In contrast, the state where the aircraft is registered (Article 17 of the Chicago Convention), should not be regarded as a place of where the employee habitually carries out his/her work. In this case, CJEU provided the first judging standard for the concept of the place where the employee engaged in international air transportation habitually carries out his/her work. It is the interpretation of the Brussels regulations which became a model -for the Korean Private International Act,- so it would be helpful to understand the concept of the place where the employee habitually carries out his/her work.