• Title/Summary/Keyword: 법적근거

Search Result 477, Processing Time 0.026 seconds

Payment Refusal against Discrepancy in Transport Document under L/C Transaction (신용장거래에서 운송서류 불일치에 대한 지급거절)

  • Lee, Jung-Sun
    • Korea Trade Review
    • /
    • v.42 no.2
    • /
    • pp.205-225
    • /
    • 2017
  • The study attempts to verify the case related to the notice of payment refusal by issuing bank regarding discrepancy in transport document under L/C(Letter of Credit) transaction. Considering the high portion of trade between Korea and China, Korean companies and banks in L/C transaction should be careful about many unpredictable situations. The case of this study is that Chinese seller(beneficiary) initiated a civil suit against Industrial Bank of Korea to Chinese court and Chinese courts in the first and second trials judged that the notice of payment refusal by Industrial bank of Korea doesn't satisfy Article 16, (c) (ii) (iii) in UCP 600. However, Industrial Bank of Korea implements the judgement even though the judgement is highly biased to Chinese seller. Considering the judgement by Chinese courts, the study suggests some countermeasures to Korean companies and banks which opened L/C. First, the issuing bank should describe the contents of discrepancy specifically based on Article 16, (c) in UCP 600. Second, it is necessary to insert a clause regarding governing law in the L/C contract like sales contract. Third, considering the biased judgement by Chinese court and difficulty in execution of foreign judgement in China, it is recommended to using arbitration as a method of dispute resolution such as ICLOCA and DOCDEX Rules which are international system operated by international instruments because it has legal effects to parties in L/C contracts if the issuing bank inserts arbitration clause in L/C.

  • PDF

The Development and Application of Lex Mercatoria in the international commercial transaction : Focus on CISG and PICC Principles (국제물품매매계약에 있어서 상관습법(Lex mercatoria)의 발전과 전개, 그리고 향후 과제 - CISG와 PICC 원칙을 중심으로 -)

  • Jung, Jae-Woo;Lee, Kil-Nam
    • Korea Trade Review
    • /
    • v.41 no.5
    • /
    • pp.15-39
    • /
    • 2016
  • Over the past couple of decades, we can see the emergence of a new lex mercatoria. It consists of international conventions or treaty, model laws and international principles. And such new lex mercatoria is driven by the international institutions such as UNCITRAL, UNIDROIT and ICC. The international convention and international principles in the field of international commercial transaction are considered : UN Convention on Contracts for the International Sale of Goods(CISG) and The UNIDROIT Principles(PICC Principles). The former is the statue law for the latter, and the latter sometimes supports the former as an interpretation and supplementation of CISG. So, the purpose of this article is to evaluate and investigate the current status of CISG and PICC Principles in terms of application and interpretation principles. The results are as follows. First, PICC are used for the interpretation and supplementation of international law such as CISG, but CISG is a law, not a rule. Second, CISG and PICC Principles are not often chosen when parties chose the law governing their contract. The parties very often chose a national law ; the number of the parties choosing CISG and PICC Principles as a governing law was very low.

  • PDF

The Protection of Third Parties of the Transactions Made by the Representative Director without Resolution Adopted by the Board of Directors (대표이사의 이사회 결의를 흠결한 거래행위와 제3자의 보호)

  • Shin, Tae-Seop
    • The Journal of the Korea Contents Association
    • /
    • v.22 no.8
    • /
    • pp.392-402
    • /
    • 2022
  • The purpose of this study is to examine the protection of third parties of the transactions made by the representative director without resolution adopted by the board of directors. The legal effect of a transaction conducted by a representative director without board resolution in violation of internal restriction or statutory restriction is at issue. The Supreme Court of Korea('SCK') made a new ruling that revised the prior case law(Supreme Court en banc Decision 2015Da45451, Feb. 18, 2021). The SCK in the subject case proclaimed a legal doctrine that 'a third party acting in good faith' shall be protected according to Article 389(3) and 209(2) of the Korean Commercial Act, except that 'a third party with gross negligence' is considered as 'a person acting in bad faith' and thus is excluded from protection. The subject case law can be evaluated as broadening the scope of protection of the third party. In addition, the subject case is meaningful in that it is balance with the related SCK ruling, which considered a third party with gross negligence as a person acting in bad faith while protecting a third party with ordinary negligence in the case of transactions involving apparent representative directors, etc.

The Relationship of European Landscape Painting and the Scientific (Visual) Instruments in the Pre-modern Period: On the Using of Camera obscura and Camera lucida in the Artistic Works by Canaletto·Sandby·Talbot (근대 유럽 풍경화와 과학(영상)기구의 연관성 - 카날레토·샌드비·탈보트의 미술작업에서 카메라 옵스쿠라와 카메라 루시다의 사용에 대해)

  • LEE, Sangmyon
    • Korean Association for Visual Culture
    • /
    • v.23
    • /
    • pp.329-368
    • /
    • 2013
  • This thesis investigates the relationship of the 18th century European landscape painting and the scientific (optical) instruments like Camera obscura and Camera lucida. Based on the fact that some landscape painters, 'veduta painters', at that times might have used or surely used these optical instruments in their sketches/drawings, it explores the reasons for using them and their working process with them, and analyses the advantages/disadvantages here as well as the aesthetic problems in the cases of the Italian painter Antonio Canaletto (or Canal, 1697-1768), the British topographic artist Thomas Sandby (1721-98) and the British chemist/optician Willian Henry Fox Talbot (1800-77). Advantages of using Camera obscura/lucida are rapidity in drawing, truthful representation of nature/reality and 'accurate' fulfilling of perspectival structures. But partly 'inaccurate' or simplified depictions as disadvantages can be traced in drawings/sketches made by using these instruments. Another problem lie in the subordination of the artistic work to the technical devices, but for artists still remain the creative working process in painting like coloring, tone and chiaroscuro etc. Therefore, it can be maintained that the optical instruments have played a role of the subsidiary tool as an aid to painting.

Optimal Supply Calculation of Electric Vehicle Slow Chargers Considering Charging Demand Based on Driving Distance (주행거리 기반 충전 수요를 고려한 전기자동차 완속 충전기 최적 공급량 산출)

  • Gimin Roh;Sujae Kim;Sangho Choo
    • The Journal of The Korea Institute of Intelligent Transport Systems
    • /
    • v.23 no.2
    • /
    • pp.142-156
    • /
    • 2024
  • The transition to electric vehicles is a crucial step toward achieving carbon neutrality in the transportation sector. Adequate charging infrastructure at residential locations is essential. In South Korea, the predominant form of housing is multifamily dwellings, necessitating the provision of public charging stations for numerous residents. Although the government mandates the availability of charging facilities and designated parking areas for electric vehicles, it bases the supply of charging stations solely on the number of parking spaces. Slow chargers, mainly 3.5kW charging outlets and 7kW slow chargers, are commonly used. While the former is advantageous for installation and use, its slower charging speed necessitates the coexistence of both types of chargers. This study presents an optimization model that allocates chargers capable of meeting charging demands based on daily driving distances. Furthermore, using the metaheuristic algorithm Tabu Search, this model satisfies the optimization requirements and minimizes the costs associated with charger supply and usage. To conduct a case study, data from personal travel surveys were used to estimate the driving distances, and a hypothetical charging scenario and environment were set up to determine the optimal supply of 22 units of 3.5kW charging outlets for the charging demands of 100 BEVs.

A Study on the Collection and Application Measures for Media Platform Based Materials (매체 플랫폼 기반 자료의 수집 및 적용 방안 연구)

  • Younghee Noh;Youngmi Jung;Aekyoung Son;Inho Chang;Hyunju Cha
    • Journal of Korean Library and Information Science Society
    • /
    • v.55 no.1
    • /
    • pp.193-214
    • /
    • 2024
  • This study aimed to propose a method for collecting and applying media platform based materials at the National Library of Korea. Firstly, we analyzed the current status and limitations of data collection based on domestic media platforms, including the National Library of Korea. Secondly, a literature review method was used to investigate the current status and types of digital content based on media platforms. Thirdly, we identified the types of materials based on media platforms that are not currently included in the National Central Library's online material collection guidelines through the examination of cases from major overseas libraries. Fourthly, after reviewing technical and legal elements such as the definition of collection targets and scope for each new media, and collection methods, we established collection criteria. Fifthly, based on the research results, the policies proposed in this study are as follows: 1) there is a need to establish a clear legal basis for the collection of media platform based materials; 2) the development and presentation of collection guidelines for media platform based materials is necessary; 3) the development of collection tools and infrastructure for media platform based materials is required; 4) for the collection of media platform based materials, it is necessary to obtain permission for collection from targeted social media organizations, and to cooperate in linkage with organizations that produce and service extended reality content; 5) for the service activation of media platform based materials, it is necessary to improve accessibility for the usage activation of these materials, to enhance the content extensibility and ease of use of the e-deposit system including extended reality content, and to advance and construct spaces for reproducing extended reality content.

Enhancing Empathic Reasoning of Large Language Models Based on Psychotherapy Models for AI-assisted Social Support (인공지능 기반 사회적 지지를 위한 대형언어모형의 공감적 추론 향상: 심리치료 모형을 중심으로)

  • Yoon Kyung Lee;Inju Lee;Minjung Shin;Seoyeon Bae;Sowon Hahn
    • Korean Journal of Cognitive Science
    • /
    • v.35 no.1
    • /
    • pp.23-48
    • /
    • 2024
  • Building human-aligned artificial intelligence (AI) for social support remains challenging despite the advancement of Large Language Models. We present a novel method, the Chain of Empathy (CoE) prompting, that utilizes insights from psychotherapy to induce LLMs to reason about human emotional states. This method is inspired by various psychotherapy approaches-Cognitive-Behavioral Therapy (CBT), Dialectical Behavior Therapy (DBT), Person-Centered Therapy (PCT), and Reality Therapy (RT)-each leading to different patterns of interpreting clients' mental states. LLMs without CoE reasoning generated predominantly exploratory responses. However, when LLMs used CoE reasoning, we found a more comprehensive range of empathic responses aligned with each psychotherapy model's different reasoning patterns. For empathic expression classification, the CBT-based CoE resulted in the most balanced classification of empathic expression labels and the text generation of empathic responses. However, regarding emotion reasoning, other approaches like DBT and PCT showed higher performance in emotion reaction classification. We further conducted qualitative analysis and alignment scoring of each prompt-generated output. The findings underscore the importance of understanding the emotional context and how it affects human-AI communication. Our research contributes to understanding how psychotherapy models can be incorporated into LLMs, facilitating the development of context-aware, safe, and empathically responsive AI.

A Review Examining the Dating, Analysis of the Painting Style, Identification of the Painter, and Investigation of the Documentary Records of Samsaebulhoedo at Yongjusa Temple (용주사(龍珠寺) <삼세불회도(三世佛會圖)> 연구의 연대 추정과 양식 분석, 작가 비정, 문헌 해석의 검토)

  • Kang, Kwanshik
    • MISULJARYO - National Museum of Korea Art Journal
    • /
    • v.97
    • /
    • pp.14-54
    • /
    • 2020
  • The overall study of Samsaebulhoedo (painting of the Assembly of Buddhas of Three Ages) at Yongjusa Temple has focused on dating it, analyzing the painting style, identifying its painter, and scrutinizing the related documents. However, its greater coherence could be achieved through additional support from empirical evidence and logical consistency. Recent studies on Samsaebulhoedo at Yongjusa Temple that postulate that the painting could have been produced by a monk-painter in the late nineteenth century and that an original version produced in 1790 could have been retouched by a painter in the 1920s using a Western painting style lack such empirical proof and logic. Although King Jeongjo's son was not yet installed as crown prince, the Samsaebulhoedo at Yongjusa Temple contained a conventional written prayer wishing for a long life for the king, queen, and crown prince: "May his majesty the King live long / May her majesty the Queen live long / May his highness the Crown Prince live long" (主上殿下壽萬歲, 王妃殿下壽萬歲, 世子邸下壽萬歲). Later, this phrase was erased using cinnabar and revised to include unusual content in an exceptional order: "May his majesty the King live long / May his highness the King's Affectionate Mother (Jagung) live long / May her majesty the Queen live long / May his highness the Crown Prince live long" (主上殿下壽萬歲, 慈宮邸下壽萬歲, 王妃殿下壽萬歲, 世子邸下壽萬歲). A comprehensive comparison of the formats and contents in written prayers found on late Joseon Buddhist paintings and a careful analysis of royal liturgy during the reign of King Jeongjo reveal Samsaebulhoedo at Yongjusa Temple to be an original version produced at the time of the founding of Yongjusa Temple in 1790. According to a comparative analysis of formats, iconography, styles, aesthetic sensibilities, and techniques found in Buddhist paintings and paintings by Joseon court painters from the eighteenth and nineteenth centuries, Samsaebulhoedo at Yongjusa Temple bears features characteristic of paintings produced around 1790, which corresponds to the result of analysis on the written prayer. Buddhist paintings created up to the early eighteenth century show deities with their sizes determined by their religious status and a two-dimensional conceptual composition based on the traditional perspective of depicting close objects in the lower section and distant objects above. This Samsaebulhoedo, however, systematically places the Buddhist deities within a threedimensional space constructed by applying a linear perspective. Through the extensive employment of chiaroscuro as found in Western painting, it expresses white highlights and shadows, evoking a feeling that the magnificent world of the Buddhas of the Three Ages actually unfolds in front of viewers. Since the inner order of a linear perspective and the outer illusion of chiaroscuro shading are intimately related to each other, it is difficult to believe that the white highlights were a later addition. Moreover, the creative convergence of highly-developed Western painting style and techniques that is on display in this Samsaebulhoedo could only have been achieved by late-Joseon court painters working during the reign of King Jeongjo, including Kim Hongdo, Yi Myeong-gi, and Kim Deuksin. Deungun, the head monk of Yongjusa Temple, wrote Yongjusa sajeok (History of Yongjusa Temple) by compiling the historical records on the temple that had been transmitted since its founding. In Yongjusa sajeok, Deungun recorded that Kim Hongdo painted Samsaebulhoedo as if it were a historical fact. The Joseon royal court's official records, Ilseongnok (Daily Records of the Royal Court and Important Officials) and Suwonbu jiryeong deungnok (Suwon Construction Records), indicate that Kim Hongdo, Yi Myeong-gi, and Kim Deuksin all served as a supervisor (gamdong) for the production of Buddhist paintings. Since within Joseon's hierarchical administrative system it was considered improper to allow court painters of government position to create Buddhist paintings which had previously been produced by monk-painters, they were appointed as gamdong in name only to avoid a political liability. In reality, court painters were ordered to create Buddhist paintings. During their reigns, King Yeongjo and King Jeongjo summoned the literati painters Jo Yeongseok and Kang Sehwang to serve as gamdong for the production of royal portraits and requested that they paint these portraits as well. Thus, the boundary between the concept of supervision and that of painting occasionally blurred. Supervision did not completely preclude painting, and a gamdong could also serve as a painter. In this light, the historical records in Yongjusa sajeok are not inconsistent with those in Ilseongnok, Suwonbu jiryeong deungnok, and a prayer written by Hwang Deok-sun, which was found inside the canopy in Daeungjeon Hall at Yongjusa Temple. These records provided the same content in different forms as required for their purposes and according to the context. This approach to the Samsaebulhoedo at Yongjusa Temple will lead to a more coherent explanation of dating the painting, analyzing its style, identifying its painter, and interpreting the relevant documents based on empirical grounds and logical consistency.

The Morpho-Imaganary Viewpoints of Lee Je-ma and the Morpho-Imaganary recognitions of Sasang Constitutional Medicine (동무공(東武公)의 형상관(形象觀)과 사상의학(四象醫學)의 형상의학정신(形象醫學精神))

  • Song, Il-byung
    • Journal of Sasang Constitutional Medicine
    • /
    • v.11 no.1
    • /
    • pp.1-13
    • /
    • 1999
  • Lee Je-ma created Sasang Constitutional Medicine from the insight of different congenital formation of Viscera which was based on his own Morpho-Imaganary recognition of human beings. The basic principles to understand human beings are as follows. The first, human beings are morphologically figured based on the human nature. The Second, Morpho-lmaganary recognition was the understanding to all the things including human with the rule of society and the relationships. affairs-mind-body-objects. The Morpho-Imaganary characteristics of Sasang Constitutional Medicine are as follows. The first, Sasang Constitutional Medicine recognize the symptoms and diseases as the aspect of structure and function at the same time. The second, it recognize the symptoms and diseases with the viewpoint of Change.

  • PDF

A Review Essay on Legal Mechanisms for Orbital Slot Allocation (정지궤도슬롯의 법적 배분기제에 관한 논고)

  • Jung, Joon-Sik;Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.29 no.1
    • /
    • pp.199-236
    • /
    • 2014
  • This paper analyses from the perspective of distributive justice the legal mechanisms for international allocation of orbital slots, which are of co-owned nature and thereby limited natural resources in outer space. The allocative function is delegated to the International Telecommunication Union. The Radio Regulation, amongst such other legal instruments as the Constitution and Convention, by which the ITU and contracting States thereof abides, dictates how the orbital positions are distributed. Thus, the RR is thoroughly reviewed in the essay. The mechanisms are in a broad sense categorized into two systems: 'a posteriori system' where the 'first come, first served' principle prevails; and 'a priori system' designed to foster the utilisation of the slots by those who lack space resources and are, in especial, likely to be marginalised under the former system. The argument proceeds on the premise that a posteriori system places the under-resourced States in unfavourable positions in the securement of the slots. In contrast with this notion, seven factors were instantiated for an assertion that the degradation of the distributive justice derived from the 'first come, first served' rule, which lays the foundation for the system, could be either mitigated or counterbalanced by the alleged exceptions to the rule. However, the author of this essay argues for counterevidences against the factors and thereby demonstrating that the principle still remains as an overwhelming doctrine, posing a threat to the pursuit of fair allocation. The elements he set forth are as in the following: 1) that the 'first come, first served' principle only applies to assignments capable of causing harmful interferences; 2) the interoperability of the principle with the 'rule of conformity' with the all the ITU instruments; 3) the viability of alternative registrations, as an exception of the application of the principle, on the condition of provisional and informational purposes; 4) another reference that matters in deciding the priority: the types of services in the TFA; 5) the Rule of Procedure H40 proclaiming a ban on taking advantage of coming first to the Register; 6) the technical factors and equity-oriented norms under international and municipal laws along with; 7) the changes of 'basic characteristics' of registered assignments. The second half of this essay illustrates by examining the relevant Annexes to the Regulation that the planned allocation, i.e., a priori system, bear the structured flaws that hinder the fulfillment of the original purpose of the system. The Broadcasting and Fixed Satellite Systems are the reviewed Plans in which the 'first come, first served' principle re-emerges in the end as a determining factor to grant the 'right to international recognition' to administrations including those who has not the allotted portions in the Plan.