• International Commerce and Information Review
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• v.14 no.3
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• pp.231-251
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• 2012

The remedies available to a seller that has suffered a breach of contract by the buyer are addressed in Section III of Chapter III of Part III. The first provision in the section, 61, catalogues those remedies and authorizes an aggrieved seller to resort to them. The remaining provisions of the section address particular remedies or prerequisites to remedies. The subject matter of the current section remedies for breach of contract by the buyer obviously parallels that of Section III of Chapter II of Part III remedies for breach of contract by the seller. Many individual provisions within these sections form matched pairs. Thus 61, which catalogs the seller's remedies, which catalogs the buyer's remedies. Other provisions in the current section that have analogues in the section on buyer's remedies include 62, seller's right to require buyer's performance 63, seller's right to fix an additional period for buyer to perform and 64, seller right to avoid the contract. As was the case with the provisions on buyers' remedies, the articles governing sellers' remedies operate in conjunction with a variety of provisions outside the current section. Thus the seller's right to require performance by the buyer is subject to the rule in 28 relieving a court from the obligation to order specific performance in circumstances in which it would not do so under its own law. The authorization in 61 for a seller to claim damages for a buyer's breach operates in connection with 74-76, which specify how damages are to be measured. 49, stating when an aggrieved seller can avoid the contract, is part of a network of provisions that address avoidance, including the definition of fundamental breach, the requirement of notice of avoidance, provisions governing avoidance in certain special circumstances, measures of damages available only if the contract has been avoided and the provisions of Section V of Part III, Chapter V on effects of avoidance.

• Journal of the Korean Institute of Landscape Architecture
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• v.37 no.2
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• pp.14-25
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• 2009

We live in an age which is exponentially growing as the knowledge paradigm is changing. New sites are subject to contemporary landscape architecture function as "fields" in which this hybrid aspect is both actively practiced and becoming a catalyst for change in the area of landscape architecture. With this as its background, this study attempts to deal with how the aspect of integration in environmental design is manifested. For this purpose, the tendencies for the discussion of integration in various fields of practice were examined: planning theories, urban theories, architecture, public environment, engineering, and landscape architecture. As yet, the discussions of interdisciplinary integration, which occur in practice in these respective fields, mainly tend to be oriented toward the effective implementation of the merits of other related fields. Seen from these examples of practice, integrated design approaches can be found in the following three aspects: design objects, respective professional areas, and methodologies of approaches and design. In terms of design objects, the positions of individual design subjects present themselves as most obvious, and integration or combination of the physical targets that come to exist through design can be easily seen. Most examples of integration turn out to be this, in almost every case of which the theme and the target of expression are integrated via a small number of certain methods. In terms of professional areas, what can be mainly evidenced is how the individual subject acts when the subject designs. The strong points of professionals from each field seem to create synergy, achieving through integration optimum results. In terms of methodologies of approaches and design, there are attempts to create integrated approaches as ways of effective decision-making, in which case the integration of all of the interest parties is of primary concern. As yet, few instances have been found in which integrated design has had enough strength to be seen as a concrete design methodology based on practical examples. However, it is encouraging that theoretical approaches and the necessity for integrated design have been identified from multiple perspectives, and that a practical movement such as landscape urbanism has come into active being. The authors of this study find this point in time to be ripe for discussions on integrated practices in terms of environmental design, on the basis of the synthetic approaches mentioned above.

• Korean Journal of Environmental Biology
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• v.36 no.1
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• pp.33-42
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• 2018

The tropical peatlands have been deforested and converted to agricultural and plantation areas in Indonesia. To manage water levels and increase the overall productivity of crops, canals have been constructed in tropical peatlands. The canals destructed the structure of the tropical peatlands, and increased the subsidence and fire hazard risks in the region. The Indonesian government enacted regulations and a moratorium on tropical peatlands, in order to reduce degradation. A practical method under the regulations of rewetting tropical peatlands was to permit a canal blocking. In this study, four canal blocking projects were investigated regarding their planning, construction priority, design, building material, construction, monitoring, time and costs associated with the canal blockings. In the protected areas, regulations restricted the development of the tropical peatlands areas that were noted as deeper than 3 m, and the administration stopped issuing new concessions for future work projects for this noted criteria of land use. A noted purpose of canal blockings in these areas was to effectuate the restoration of the lands in the region. The main considerations of the restoration efforts were to maintain a durability of the blockings, and to encourage the participation of the area stakeholders. In the case of a concession area, regulations were set into place to restrict clear-cutting and shifting cultivation, and to maintain groundwater level in the tropical peatland. The most significant priorities identified in the canal blocking project were the efficiency and cost-effectiveness of the project. Nevertheless, the drainage of tropical peatlands has been continued. On the basis of a literature review on regulations and rewetting methods in tropical peatlands of Indonesia, we discussed the improvements of the regulations, and adequate canal blockings to serve the function to rewet the tropical peatlands in Indonesia. Our results would help establishing an adequate direction and recommended guideline on viable rewetting methods for the restoration of drained tropical peatlands in Southeast Asia.

• Journal of Korea Technology Innovation Society
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• v.20 no.1
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• pp.127-152
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• 2017

China's utility model as a supplement to the invention patent, has short application duration, fast authorized speed, and has the same exclusive rights with patents, so companies can quickly dominate the market. But the utility model does not need to carry out substantive examination, so has lower stability, high frequency of invalid to accepted, so compare with the invention patent, difficult to be protected. In order to actively encourage the small and medium-sized enterprises to promote their inventions, and protect domestic patents, China established a protection policy of patent evaluation report for the utility model rights, especially the patent evaluation report can be used as evidence in a patent infringement trial, to provide judicial remedies for utility model patentee and the party of patent disputes. Many experts believe that the establishment of patent evaluation report system can improve the stability of the utility model patent right, and when the defendant request for invalidation of the patent right in the defense period, if there is no novelty, creativity lost or no other reason has not led to the stability of patent right given in a patent evaluation report of the utility model patents, the court may not suspend the trial, without having to wait for the Patent Reexamination Board makes the patent invalid declaration decisions, can improve the efficiency of the judicial process, accelerate the patentee's time. However, in practical patent infringement, the patent evaluation report system and invalidation system are in conflict. In this paper, through the analysis of the current China utility model system and compared with the South Korean utility model system, review the role and character of the patent evaluation report system, and through the actual cases of the utility model patent infringement litigation, analysis possible variates from the decision of patent evaluation report, to find out the reason of the patent evaluation report system being in conflict with the invalidation system, and research on the effectiveness for protecting Utility Model with China's Patent Evaluation Report.

• Journal of the Korea Society of Computer and Information
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• v.6 no.4
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• pp.188-205
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• 2001

Insurer's duty of declaration is based on reciprocity of principle of the highest good, and recently it is widely recognized in the British and American insurance circles. The conception of fiduciary relationship is no longer equity or the legal theory which is only confined to the nations with Anglo-American laws. Therefore, recognizing the fiduciary relationship as the essence of insurance contract, which is more closely related to public interest than any other fields. will serve an efficient measure to seek fair and reasonable relationship with contractor, and provide legal foundation which permits contractor to bring an action for damage against violation of insurer's duty of declaration. In the future, only when the fiduciary relationship is approved as the essence of insurance contract, the business performance and quality of insurance industry is expected to increase. Therefore, to keep well this fiduciary relationship, or increase the fiduciary relationship persistency rates seems to be the bottom line in the insurance industry. In this paper, we developed a fiduciary relationship maintenance ratio based on comparison by case, which is represented with usually maintained contract months to paid months, based on each contract of the basis point. In this paper we have developed a new business model seeking the maximum profit with low cost and high efficiency, management policy of putting its priority on its substantiality, as an improvement measure to break away from the vicious circle of high cost and low efficiency, and management policy of putting its priority on its external growth(expansion of market share).

• 한국사회정책
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• v.25 no.2
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• pp.367-402
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• 2018

This study analyzed the relationship between the act on the guarantee of rights of and support for persons with developmental disabilities(Act for PWDD) and the similar ordinance of the local governments based on this law and focused on the correspondence(the rate of reflection) and the autonomy(differentiation). As of October 2017, 63 local government regulations and Act for PWDD were analyzed in this study. The results of the analysis are as follows: First, the rate of reflection in the ordinance of Act for PWDD was different according to the clause. In the aspect of emphasizing welfare support, the agreement between local ordinance and rate was high. While the Act for PWDD emphasized the rights of persons with developmental disabilities, there was little information about their right in the ordinance of local governments. This is evidence that current ordinance is based on the protective point of view for people with developmental disabilities. In the future, policy measures will be needed to ensure that respect for decision-making by persons with developmental disabilities and rights guarantees are included in the bylaws. Second, there is a provision that the rate of ordinance reflection is 0%, which may be guaranteed by other laws in the area, so it does not mean the absence of related system in the region, but there is possibility of institutional blind spot. In the future, consideration should be given to the complementarity of other legal systems in the area with developmental disabilities, so that persons with developmental disabilities should not be placed in institutional blind spots. Third, the autonomy(differentiation) of local ordinance was examined from the contents aspect and the administrative aspect to help practical implementation. The differentiation between the ordinances vary. Emphasizing the responsibilities of the head of the organization, emphasizing the fact-finding survey, setting up the welfare committee, or adding local needs were included to the ordinance. Local governments considering the enactment of ordinances in the future should refer to these cases and establish enactable local ordinances that take advantage of the characteristics of local autonomy.

• The Southeast Asian review
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• v.28 no.3
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• pp.213-261
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• 2018

On May 9, 2018, regime change took place in Malaysia. It was the first regime change that took place in 61 years after independence in 1957. The regime change was an unexpected result not only in Malaysian experts but also in political circles. Moreover, the outcome of the election was more shocking because the opposition party was divided in this general election. The regime change in Malaysia was enough to attract worldwide attention because it meant the collapse of the oldest regime in the modern political system that exists, except North Korea and China. How could this have happened? In particular, how could the regime change, which had not been accomplished despite opposition parties' cooperation for almost 20 years, could be achieved with the divided opposition forces? What political implications does the 2018 general election result have for political change and democratization in Malaysia? How will the Malaysian politics be developed in the aftermath of the regime change? It is worth noting that during the process of finding answers, a series of general elections since the start of reformasi in 1998 tended to be likened to a series of "tsunami" in the Malaysian electoral history. This phenomenon of tsunami means that, even though very few predicted the possibility of regime change among academia, civil society and political circles, the regime change was not sudden. In other words, the regime in 2018 was the result of the desire and expectation of political change through a series of elections of Malaysian voters last 20 years. In this context, this study, in analyzing the results of the election in 2018, shows that the activation of electoral politics triggered by the reform movement in 1998, along with the specific situational factors in 2018, could lead to collapse of the ruling government for the first time since independence.

• (The)Study of the Eastern Classic
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• no.32
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• pp.71-101
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• 2008

This study is intended to review the war and the living of the common people of Choseon dynasty, through the true stories of captives kidnapped in the region of the Qing(胡地) during the Pyeongja horan in the 17th century. The common people, Kim seung kyung and Ahn chu won, who had been kidnapped in their young age, managed to escape from the region of the Qing to Choseon after having experienced a painful living as a captive for 27 years. Kim seung kyung and Ahn chu won had to make a choice to run away from the Qing in order to bring their war distorted life back to its original state. Kim seung kyung who had successfully escaped, could live without severe difficulties by the aid of his family living at his hometown, but Ahn chu won who had not found his own family or relatives, couldn't have got any helping hand from the people mentally or financially. So, he tried to escape again to Beijing, but discovered and captured so that a diplomatic problem was caused between the Choseon and the Qing Dynasty. Through the true story of Kim seung kyung and Ahn chu won, we can see the lives of Choseon common people who were trying to overcome the difficulties with their own iron will without being undaunted by hardships. Even though the captives had terrible experiences hating to remember, their experiences gave a chance to the Choseon people opening their eyes to the foreign cultures and the new world. At that time, the Choseon government was too weak to estimate how many captives were or what the captive's real fact was. Meanwhile the Choseon government managed to do the least duty in order to protect its people, by breaking the provisions of repatriation that the fled captives should be returned back to the Qing Dynasty. Through reviewing the captive's true story of the Choseon common people, we can ruminate the Choseon society in the 17th century which failed to establish an independent national history, and the issue of the Korean War captives in the modern history forgotten under the shade of the dustbin of history.

• Journal of the Daesoon Academy of Sciences
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• v.38
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• pp.115-151
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• 2021

According to Lee Young-geum, the ideas of grievance resolution and mutual beneficence were already present in shamanism. She also insists that Jeungsan merely theorized upon these ideas by inheriting them and his religious activities must be identified from within a shamanistic worldview. Contrary to Lee's claim, Cha Seon-keun argues that the grievance resolution of Jeungsan is far beyond the contents and level of development found in shamanism. He also insists that Jeungsan's religious activities must be identified as having a certain orderly uniqueness distinct from shamanism. The argument between these two different perspectives has not attracted other researchers besides those who are directly involved. However, this debate deserves attention with regard to the problem of how one approaches a given religion and which academic perspective should be applied. Based on the perspective of the Daesoon Jinrihoe, this study examines their debate by considering four issues. Firstly, whether Jeungsan inherited or expanded upon the subject of grievance resolution and its range remains undetermined. Secondly, the ethics of mutual beneficence and grateful reciprocation in Jeungsan's concept of grievance resolution should be analyzed as to whether that idea reasserts the ethics of shamanism. Thirdly, it is necessary to study whether his method of grievance resolution fully embraced the methods of grievance resolution that exist in shamanism. Lastly, it should be determined whether or not Jeungsan's religious activities and system of thought should be identified within a shamanistic worldview. Through this review, Lee and Cha can be shown to have different opinions on the academic approach to research on religion. Accordingly, this study concludes that Lee's method of only interpreting Jeungsan's religious thought via a shamanic worldview is incompatible with academic methodology. A scholar of religious studies should discuss Jeungsan on his own merits rather than just imply that Jeungsan thoroughly reflects the worldview of shamanism, doctrinal studies of Buddhism, and Daoist thought as well as other theologies. In other words, if certain tangible and intangible elements found in shamanism, Buddhism, Confucianism, Daoism, and Christianity are also observed in Jeungsan's religious thought, it is necessary to comprehend how different or similar those elements are or whether they are re-interpreted in any manner. In the case of Lee, her method of overemphasizing similarities is now criticized as outdated. Nowadays, it is necessary to demonstrate awareness of modern religious studies tendency to pay equal attention to similarities and differences.

• Analyses & Alternatives
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• v.8 no.2
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• pp.65-86
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• 2024

This study delves into the geopolitical tensions surrounding Ukraine throughout modern European history, aiming to shed light on its significance in geopolitical discourse. Since the 19th century, European powers, particularly the Anglo-Saxons and Germans, have formulated distinct geopolitical strategies concerning the Eurasian continent, with Ukraine at its focal point. The Crimean War and the German-Soviet War serve as key events to analyze these powers' geopolitical ambitions and interests. The British Empire, driven by its doctrine of thwarting land powers with sea power, intervened in the Crimean War against Russia. Its objective was to disrupt Russian dominance over Ukraine, thereby hindering Russian expansion into the Black Sea and Central Europe. On the other hand, the Third Reich of Germany, fixated on creating a European sphere exclusive from Anglo-Saxon sea powers and the Russian land power, initiated the German-Soviet War. This move aimed to secure a vast territory, including Ukraine, to facilitate expansion into the Caucasus and establish a buffer zone against the Soviet Union. Three key insights emerge from this analysis. Firstly, the absence of a dominant power rooted in Ukraine since the fall of the Principality of Kiev made geopolitical clashes inevitable. Secondly, these clashes ultimately result in a hollow victory for all involved parties, signifying the high costs and minimal gains of such confrontations. Lastly, the root cause of these clashes lies in the discord between exclusive geopolitical visions that fail to accommodate sustainable coexistence among diverse geopolitical spheres. In essence, the study underscores Ukraine's pivotal role in shaping European geopolitics and highlights the recurring clashes driven by competing visions of dominance and control over its territory. From the Crimean War to the German-Soviet War, the struggle for influence over Ukraine reflects broader geopolitical dynamics and the pursuit of strategic advantage by major powers. Ultimately, the study emphasizes the enduring significance of Ukraine in European geopolitics and the complexities inherent in managing its geopolitical tensions.