• Title/Summary/Keyword: 서면성

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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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Runoff Analysing Considering the Distribution of Conentration Time and Slope Length for a Small Basin (소유역의 홍수도달시간과 서면길이의 분포특성을 고려한 홍수유출해석)

  • 조홍재
    • Water for future
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    • v.19 no.2
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    • pp.139-148
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    • 1986
  • The hydrologic response function in a small basin is expressed by the distribution function of slope length. The characteristics of topographical factors is represented to the concentration time, and the instantaneous unit hydrograph is derived as a hydrologic rsponse function by application of probobility density function. The averaging process of runoff characteristics within watershed was analyzed for a few small watershed where was split up the small basin itself. The method of calculation of the effective rainfall should play important roles in the transformation process from hydrologic response function to runoff hydrograph. In this paper, the Horton's infiltration quation is used as a method of calculation of effective rainfall, a new response function of runoff process is derived. The $\Phi$-index method and the infiltration method are tested by comparing the observed and estimated values.

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An Analysis of Electronic Commerce Systems and Related Laws (전자거래시스템 및 관련법 분석)

  • Chung, H.S.;Lee, D.I.
    • Electronics and Telecommunications Trends
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    • v.14 no.5 s.59
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    • pp.124-134
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    • 1999
  • 전자거래는 비대면적, 비서면적, 무형의 상품, 탈 국경화의 성격을 갖게 됨에 따라 전자거래의 활성화를 위해서는 서면거래에서와 같은 가치 인정을 위한 법적 마련이 필요하다. 또한, 시스템 측면에서도 정보 및 정보통신기반들이 적시에 적절한 방법으로 접근될 수 있고 이용될 수 있는 유용성, 정보의 프라이버시 보호를 유지하거나 선택된 수신자만이 정보에 접근하도록 허락하는 기밀성, 정보가 전송중에 변경되지 않았음을 보장하는 무결성, 정보의 원천지를 보장하는 진정성, 정보가 송신자에 의해 전송되었음을 보장하는 부인봉쇄 등의 기능구현이 필요하다. 이에 따라 전자거래로 발생할 수 있는 문제들과 전자상거래 유형, 전자거래시스템의 구성요소 및 기능, 전자거래기본법과 전자서명법의 특징 그리고 법 제정으로 발생한 법적 효과들을 제시하였다.

Legal Bases and Cases for the Form Requirement under PICC (국제상사계약에 관한 일반원칙(PICC)하에서 계약의 형식요건에 관한 법적 기준과 판결례)

  • Shim, Chongseok
    • International Commerce and Information Review
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    • v.18 no.4
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    • pp.143-164
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    • 2016
  • PICC are dealing with form requirements of international commercial contract under writings in confirmation, conclusion of contract dependent on agreement on specific matters or in a particular form, contract with terms deliberately left open, merger clauses, modification in a particular form. If a writing which is sent within a reasonable time after the conclusion of the contract and which purports to be a confirmation of the contract contains additional or different terms, such terms become part of the contract, unless they materially alter the contract or the recipient, without undue delay, objects to the discrepancy. Where in the course of negotiations one of the parties insists that the contract is not concluded until there is agreement on specific matters or in a particular form, no contract is concluded before agreement is reached on those matters or in that form. If the parties intend to conclude a contract, the fact that they intentionally leave a term to be agreed upon in further negotiations or to be determined by a third person does not prevent a contract from coming into existence. A contract in writing which contains a clause indicating that the writing completely embodies the terms on which the parties have agreed cannot be contradicted or supplemented by evidence of prior statements or agreements. However, such statements or agreements may be used to interpret the writing. A contract in writing which contains a clause requiring any modification or termination by agreement to be in a particular form may not be otherwise modified or terminated.

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A Study on the Health Screening Solution by Using Electronic Medical Record (전자의무기록을 활용한 건강검진 솔루션에 관한 연구)

  • Lee, Hyo-Seung;Oh, Jae-Chul
    • The Journal of the Korea institute of electronic communication sciences
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    • v.10 no.7
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    • pp.825-830
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    • 2015
  • The Electronic Medical Record(: EMR) is to store medical data not in the form of document, but in the data storage. Such EMR can not only solve various problems of document use such as storage/arrangement of and securing space for document, but also make it possible to provide customized-treatment based on large quantity of customer data, so that hospitals can reduce the management cost and also improve the work efficiency. Customers also can receive the great quality of medical service. Owing to such strengths, the EMR has been rapidly introduced and applied to many hospitals and clinics since 1990s. In case of the current health screening system, however, paper forms used for health screening is also stored, on top of EMR. There would be various reasons why it is stored in the form of document. While the EMR used in hospitals is comprised of a unit program performing medical record, the health screening system is comprised of a unit program performing logics related to health screening. For this reason, it might be unavoidable for the health screening system to store document forms. If the EMR function is applied to the health screening system, it is expected to be able to operate more efficient health screening solution.

Korea's New Arbitration Act and Its Implications for International Commercial Arbitrations in Korea (한국에서 개정 중재법이 한국에서 국제상사중재에 미치는 영향에 관한 연구)

  • Shin, Chang-Sop
    • Journal of Arbitration Studies
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    • v.16 no.3
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    • pp.3-22
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    • 2006
  • 이 논문은 지난 10월 26일 및 27일 양일간에 걸쳐 서울의 Grand Intercontinental Hotel에서 개최된 국제중재학술대회 ICC/KCAB/KOCIA Conference에서 발표된 것으로 외국 변호사들의 이해를 돕기 위해 우리나라 중재법의 주요 내용을 설명하되, 특히 뉴욕협약과 국제상사중재에 관한 유엔모범법과 차이가 있는 부분을 주로 설명하였다. 이 논문은 우리나라 중재법이 규율하는 분야 중에서 그 적용범위, 중재적격, 통지의 서면성, 중재합의의 형식, 중간구제조치의 집행, 중재의 준거법 및 중재인의 선정 등에 관하여 설명하였다. 또한 이 논문은 우리나라가 일본, 중국 및 우리나라를 포함하는 동북아무역과 관련한 분쟁에서 중재의 중심지가 되어야 할 것을 역설하고, 이를 위해서 우리나라 유일의 중재기관인 대한상사중재원이 중재인 및 사무국 분야에서 개선이 필요함을 주장하였다.

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Relation between Groundwater Inflow into the Waterway Tunnel and Hydrogeological Characteristics in Hyeonseo-myeon, Cheongsong-gun, Korea (청송군 현서면 일대 도수로터널내 지하수 유입량과 수리지질 특성의 관련성)

  • 박재현;함세영;성익환;이병대;정재열
    • The Journal of Engineering Geology
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    • v.11 no.2
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    • pp.141-152
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    • 2001
  • The waterway tunnel zone (length 1,484m) in the Hyeonseo-myeon area that is a part of Yeongcheon dam waterway tunnel has been studied to characterize the relationship between groundwater inflow into the waterway tunnel and hydrogeologic characteristics. The effects of sandstone thickness in the tunnel section. fracture density, fracture aperture and spacing, fault zone width and hydraulic conductivity on the early inflow (inflow prior to the lining and grouting) are investigated. The relationship between fracture density and hydraulic conductivity is also considered. The result of the study suggests that fault zone width has the greatest effect on groundwater inflow into the tunnel, and sandstone thickness, hydraulic conductivity and fracture density in order shows an influence on the inflow.

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Estimation of the Biodiversity Conservation Value about the Heory Stock in Sun-Cheon (순천 히어리 군락지역의 생물다양성 보전가치 추정)

  • Yeo, Jun Ho;Jang, Woo Whan
    • Journal of Korean Society of Forest Science
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    • v.96 no.4
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    • pp.483-493
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    • 2007
  • The purpose of this study is to estimate the biodiversity conservation value of Heory stock in Sun-Cheon. Expected values of residents' Willingness To Pay (WTP) was estimated using Contingent Valuation Method (CVM) which is the most popular method in estimating conservation values of biological diversities. Three different estimation methods were used in statistical estimation, and the results were different from each other. Results of statistical analysis show that the expected value of WTP in logit model is highest, 5,772 Won per month. Those of A model which conducted OLS estimation using open ended questionnaire and B-1 model which conducted OLS estimation using dichotomous choice questionnaire were 1,978 Won per month and 2,391 Won per month respectively. The average expected value of WTP from three model was 3,380. This average value was expected to reduce methodological biases.

A Study on the Channel forming Discharge Estimation and the Hydraulic Geometry Characteristics of the Alluvial Stream (충적하천의 하도형성유량 산정과 수리기하특성에 관한 연구)

  • Lee, Hee-Chul;Lee, Eun-Tae
    • Journal of Korea Water Resources Association
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    • v.36 no.5
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    • pp.823-838
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    • 2003
  • For many rivers and streams, it has been observed that a single representative discharge may be used to determine the hydraulic geometry of a stable channel. This representative channel forming discharge has been given several names by different researchers, including bankfull, specified recurrence interval, and effective discharge. Therefore, The purpose of this study is to estimate channel forming discharge for study areas using the hydrological characteristic parameters and recording data, and to determine the hydraulic geometry relationships for the relating bankfull dimensions to bankfull discharge. In the Munmak and Seomyun gauging stations, the estimated bankfull discharges are found to have a return period of 1.8 and 1.5 years on the maximum annual series, respectively. The estimated effective discharges at those stations are largely different from bankfull discharges. The hydraulic geometry relationships between bankfull discharge and bankfull width, bankfull depth, velocity, bed slope are established. But the statistical parameters, such as R2, are calculated lower.