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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 Rational Improvement of the Pension Income and Retirement Income Taxation (연금소득 및 퇴직소득 세제의 합리적 개선방안에 관한 연구)

  • Lim, Sung-Jong
    • Management & Information Systems Review
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    • v.36 no.1
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    • pp.215-232
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    • 2017
  • [Purpose] The purpose of this study is to point out the issue of pensions and retirement income tax which were amended from 2012 to 2016 and present a rational and intellectual improvement to this issue. [Methodology] This study was carried out a literature survey about the tax laws of pension income and retirement income. In order to confirm the differences between the case-by-case tax burden, calculated the effect of tax burden by presenting the examples in the case of retirement income. [Findings] It is necessary to apply the differential multiples in accordance with the seniority when leaving the company rather than applying the five times or 12 times in the tax base as the current retirement income tax. Also, It should be given the flexibility of pension income to ease the requirements of inevitable temporary receipt of a pension income. In addition, it is needed to expand separate taxation threshold which is current 12 million won. Finally, the annual limit of tax incentives for IRP should be increased significantly more than the current 7 million won. [Implications] The improvement of the study is to offer suggestions on the revision of retirement income and pension income taxation to the tax authorities or National Pension Service and retirement pension providers. The result of this study is expected to be used as reference to develop policy options on the legislative process.

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Mapping Method for a Detailed Stock Map Plan(Age-Class) for a Small-Scale Site for Development Work (소규모 개발 사업지의 정밀 임상도(영급) 작성 방안 연구)

  • Lee, Soo-Dong;Kim, Jeong-Ho
    • Korean Journal of Environment and Ecology
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    • v.22 no.4
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    • pp.396-408
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    • 2008
  • Gwangtan-myeon, Paju-si, Gyeonggi-do was classified as a 4 grade age-class deciduous tree forest, however as a result of vegetation survey, this site was found to consist of natural forest with deciduous trees, thus causing difficulty in judging which age class it belongs to. Subsequently, the necessity of drawing up a detailed stock map plan was raised. For this reason, this research was designed to propose a mapping method for a detailed stock map plan based on a detailed survey on actual vegetation, vegetation structure, and analysis data on tree rings. The detailed analysis of actual vegetation pattern showed that there exist 22 patterns of vegetation, in which the natural forest has 11 patterns, such as Quercus mongolica forest and Q. variabilis forest, etc. while the artificial forest was found to have 6 patterns including Castanea crenata, etc. In order to verify their age-class, this research measured a tree age by collecting 42 quadrats and 89 specimen tree cores on the basis of a detailed actual vegetation map; as a result, an artificial forest and oak trees with small diameters located at low-lying areas, was categorized as 2-grade age class(covering 29.8%), and other areas were judged to be available for land use as 3-grade age-class(covering 57.6%) while the areas judged to be 4-or-more grade age-class (covering 8.8%) was impossible for land use because they are located on a steep slope ridge line on a boundary. In case a proposed site for a small-scale development is judged as a natural forest with deciduous trees as mentioned above, it is necessary that a detailed stock map plan should be drawn up through a detailed investigation into actual vegetation and analysis of plant gathering structure & specimen trees. A detailed stock map plan includes the data that makes it possible to comprehensively judge natural property, scarcity, and diversity of vegetation; thus, it is considered that a detailed stock map plan will be useful in judging the development propriety of a small-scale site.

A Study on the Diameter Increment of Major Conifers in Middle Area of Korea (중부지방(中部地方) 주요침엽수(主要針葉樹)의 직경성장(直徑成長) 추정(推定)에 관(關)한 연구(研究))

  • Chung, Seung Ho
    • Journal of Korean Society of Forest Science
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    • v.68 no.1
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    • pp.52-59
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    • 1985
  • This study was carried out to compare the diameter increment of Pinus densiflora for.erecta, Pinus koraiensis, Larix leptolepis, Abies holophylla and Abies koreana growing in middle area of Korea. The results obtained were summarized as follows; 1) The difference in annual diameter increment among five species according to D.B.H classes showed to be the strongest in Pinus koraiensis the second rank Larix leptolepis, the third rank Pinus densiflora erecta, the fourth rank Abies holophylla and the weakest in Abies koreana. 2) It was inferred that when the D.B.H of Pinus densiflora for.erecta comes to 95cm, Pinus koraiensis 80cm, Larix leptolepis 80cm, Abies holophylla 140cm and Abies koreana 85cm respectively, their diameter do not increase. 3) Total D.B.H increment among five species according to tree age classes were ranked as follows; Larix leptolepis, Pinus koraiensis, Pinus derasiflora for.erecta, Abies holophylla and Abies koreana. 4) It was inferred that when the age of Pinus densiflora for.erecta comes to 200yrs, Pinus koraiensis 120yrs, Larix leptolepis 120yrs, Abies holophylla 260yrs and Abies koreana 300yrs respectively, their diameter do not increase. 5) Abies koreana showed the lowest diameter increment in comparison with other four species, while diameter increment in Abies holophylla and Abies koreana decreased in later age than other species.

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Studies on the Regeneration Process of a Quercus mongolica Forest in Mt. Jumbong (점봉산(點鳳山) 신갈나무(Quercus mongolica Fischer)림(林)의 갱신(更新) 과정(過程)에 관(關)한 연구(硏究))

  • Kim, Seong Deog;Kim, Yoon Dong
    • Journal of Korean Society of Forest Science
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    • v.84 no.4
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    • pp.447-455
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    • 1995
  • Regeneration process of a mongolian oak forest in Bukam-Ryeong area, Mt. Jumbong, Kangwon-Do, was studied in relation to its structure. The dominant trees of the stands came up beyond 10m in height. The upper-tree layer was highly dominated by oaks, and they distributed horizontally in random. Oak trees of the middle layer and the lower layer were few in number and small in basal area, and tended to be distributed contagiously. In the trees of the upper layer, the distribution of the age tended to be two modal type which has the mode of 70 and 230 years in plot. In the horizontal distribution of these trees, some of the even-aged cluster which were constituted of several trees, were found. The rate of the stern diameter increment during first 25 years of the oaks in upper layer were higher than those of the same species in the middle layer. These results showed that after the forest canopy had been broken out, the seedlings which were established in dense there grow with the decreasing density and some of these, of which distribution became in random, would constitute the canopy.

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Survey and analysis of mulberry tree for mulberry production (오디 생산용 뽕나무 재배 현황 조사)

  • Sung, Gyoo Byung;Kim, Kee Young;Ji, SangDuk
    • Journal of Sericultural and Entomological Science
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    • v.51 no.1
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    • pp.48-55
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    • 2013
  • Though mulberry fruit is known to a by-product that was produced from mulberry tree after harvesting leaves for silkworm rearing, as a yield and consumption of mulberry fruit was increased, it has been fixing to a new income crop. But, a stable production of mulberry was issued on damage by the weather disaster, so it is requires that agricultural disaster insurance import. So, in this study as a basic research for a importation of agricultural disaster insurance, the cultivation of mulberry for produce mulberry fruit, the shape of tree, the number of a bearing fruit from each cultivar, the occurrence of mulberry fruit sclerotic disease, and a yield and the market price of mulberry fruits were investigated and that results obtained were as follows; The number of mulberry tree each 10a was abundant in Buan and Yangpyung region that cultivated a suitable cultivar on low cut shape, however, a large cultivated Gochang region was little. The number of a bearing fruit each the longest branch was abundant in the order of Gwasang No. 2, Suwonppong, Iksuppong, and Cheongilppong. Yield of mulberry fruit each 10a was abundant in the order of Cheongilppong, the second number of Gwasang No. 2, Suwonppong, Iksuppong, and yield of mulberry fruit each the age of three mulberry tree was abundant in older tree, however, the second number of Gwasang No. 2 was the opposite. Sale price of the mulberry fruit was highest in Gyeonggi Yangpyeong, and Jeonbuk Gochang was the opposite.

Property of Uljin-Geumgangsong Wood (Pinus densiflora forma erecta Uyeki): Appearance Pattern of Resin Canal and Ray (울진 금강송재의 재질: 수지구 및 방사조직의 출현형태)

  • Kim, Dong-Woo;Hwang, Sung-Wook;Lee, Won-Hee
    • Journal of the Korean Wood Science and Technology
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    • v.42 no.1
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    • pp.78-87
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    • 2014
  • It was examined the key criterion of the time of property revelation as Uljin-Geumgangsong wood. For this purpose, we investigated in physical properties in pine wood (Pinus densiflora Sieb. et Zucc.) and representative Uljin-Geumgangsong wood (Pinus densiflora forma erecta Uyeki). The results are as follows; Air-dry density of Uljin-Geumgangsong wood have higher values over about 20 percent than that of pine wood. And also heartwood rate of Uljin-Geumgansong wood have higher values above 70 percent. The number of vertical resin canals per $1mm^2$ in Uljin-Geumgangsong wood was 40 percent greater than in pine wood. As the average diameters of axial resin canals were 67.8 mm and 67.3~69.9 mm in pine wood and in Uljin-Geumgangsong wood, respectively, there was no significant difference among wood species. There tends to be an increase in diameters as annual rings increase. The number of horizontal resin canals in Uljin-Geumgangsong-1 was approximately 55 percent greater than in pine wood and Uljin-Geumgangsong-2. The number of resin canals in pine wood and Uljin-Geumgangson-2 decreased while it increased in Uljin-Geumgangsong-1 as annual rings increased. No significant difference was found in the number of rays among wood species and between earlywood and latewood of same wood species. As annual rings increased the number of rays decreased in both pine wood and Uljin-Geumgangsong. The heights of rays were greater in pine wood than Uljin-Geumgangsong and no difference was found between earlywood and latewood. In conclusion, rings of tree for the time of property revelation as Uljin-Geumgangsong wood is assumed about more than 150 years.

An Analysis of Narrative Structures of Korean Animations Using Formation of Archetypes of Korean Culture As Their Motifs - Focusing on Animation 'Dalbitgungjeon' (2016) - (한국문화원형성을 모티브로 한 한국 애니메이션의 서사 구조 분석 -애니메이션 <달빛궁궐>(2016)을 중심으로-)

  • Lim, Yong-seob
    • Cartoon and Animation Studies
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    • s.51
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    • pp.83-105
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    • 2018
  • In the actantial model of Algirdas Julius Greimas, a story makes 3 kinds of relationships with 6 actants, and, in these relationships, the desires of subjects and objects are operated. And, when the subject performs its desire, there are both assistance of helper and disturbance of opponent. And, the object of desire wanted by the subject is provided by sender and receiver. Using this actantial model, this study analyzed the narrative structure of the animation 'Dalbitgungjeon', and, by rearranging the subject of capacity, examined general stream of communication. Korean animations have tried to approach using archetypes of Korean culture as motifs with various perspectives. But, it is true that, compared with foreign animations dramatized using cultural archetypes, Korean animations still have something to be desired. Thus, this study analyzed the narrative structure of 'Dalbitgungjeon' which was recently producted using archetypes of Korean culture as its motif, and, rearranging the subject of capacity, examined general stream of communication. By doing this, this study tried to search for the method of producing an animation equipped with more advanced narrative structure. Of course, narrative structure of Greimas has been studied in various aspects. However, there are still not enough animation researches using cultural archetypes of Greimas. Considering such aspects, this study focused on searching for a method of using the formation of cultural archetypes based on the analysis of fables of Greimas.

Studies on North Korean Documentary Films: Structures as to How Meanings of Film Literature are Made (북한 기록영화 연구: 영화문헌의 의미생성 구조)

  • Kim, Seung
    • The Journal of the Korea Contents Association
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    • v.17 no.11
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    • pp.82-89
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    • 2017
  • This paper intends to examine how North Korea has incited and persuaded its people by figuring out the structure regarding the meaning creation of its documentary film "Kim Jong-un, the Respected Comrade Supreme Commander, Giving On-site Guidance on the Grand Project of the People's Army" produced in 2015, which was North Korea's politically important year. The analysis results show that its narrative structure of the film took the form of an introduction, body, and conclusion to substantiate it obviously given theme. Its imaging techniques are geared towards uplifting the public's combat mentality and its sound contributes to achieving their adherence. In this regard, its film literature has the following meaning structure: first, the film takes the form of both film annals and the structure for the public to easily comprehend; second, the film clearly demonstrates its deep-rooted theme asking for the public to follow in the footsteps of the party's late father for its leadership; and third, the film also aims to establish the images of an always awake working leader by implanting and arranging the leader's diligence about his revolutionary activities in the documentary film. North Korea's documentary films serve as a weapon used for instigating revolution and construction. Given this, the producers of all documentary films have made sure to turn film literatures into the film literatures of the great leader. It was identified that under the social vision that the Kim Jong-un regime is a "socialist civilized country", he has tightened his grip on power in North Korea through the propaganda tool of film literatures.

Regeneration Process in Gap of Quercus mongolica Forest (신갈나무림의 Gap 내 재생과정)

  • 강상준;최철수
    • The Korean Journal of Ecology
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    • v.23 no.1
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    • pp.1-8
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    • 2000
  • The pattern of gap regeneration and vegetational changes were carried out in gaps with different ages and in an intact forest in a Quercus mongolica (mongolian oak) stand located at Munsubong of Mt. Worak. In the early stage of gap formation, Lespedeza maximowiczii, Fraxinus rhynchophylla, Tripterygium regelii, Quercus mongolica, and Stephanadra incisa were dominants in shrub layers. The numbers of shrubs with smaller diameters at ground surface were abundant in the early stage of gap formation. On the other hand, as gap age increased, the number of individuals of Quercus mongolica and Fraxinus rhynchophylla forming tall tree layer decreased. However the diameter at ground surface of Quercus mongolica and Fraxinus rhynchophylla increased. There were few young Quercus mongolica, but those over 130 years old appeared in mature Quercus mongolica stands. The last regeneration episode ended about 130 years ago and the new one started 40 years ago in this study site. Considering the presence of Quercus mongolica below 40 years old in gap and the absence of Quercus mongolica from 40 to 130 years old in closed stand, it is concluded that Quercus mongilica forest is maintained by discontinued regeneration.

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