• Title/Summary/Keyword: 원칙

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A Specification of Charterparty Incorporated in a Bill of Lading under English Law (영국법상 선하증권에 편입된 용선계약의 특정)

  • Lee, Won-Jeong
    • Journal of Korea Port Economic Association
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    • v.25 no.1
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    • pp.169-190
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    • 2009
  • In order to establish whether any charterparty terms are incorporated into the bill of lading, the first necessity is to specify the charterparty alluded to the incorporation clause in the bill of lading. However, this becomes a potential problem where the date of a charterparty is not inserted on the face of the bill of lading in case a vessel is in operation under a number of charterparties. Over many years this issue has frequently been raised before the English courts, but it is still causing problems. The purpose of this study is to examines the several English authorities which dealt with the issue relating to the specification of charterparty incorporated into the bill of lading and to present some interpretation rules and the order of priority. As a result, the comparative analysis of English authorities shows that they failed to give dear guidance on this issue. This article therefore suggests four interpretation rules such as the precedence of a B/L's face, the rule of appositeness, surrounding circumstances, the contra proferentem rule and shows that the precedence of a B/L's face is most applicable for all parties.

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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
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    • v.29 no.1
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    • pp.199-236
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    • 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.

Web Service for Maritime Boundary Delimitation (해양경계 획선 웹 서비스)

  • 권혁종;이종기;김병국
    • Proceedings of the Korean Association of Geographic Inforamtion Studies Conference
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    • 2003.04a
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    • pp.56-61
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    • 2003
  • 해양경계 획선은 해양 국가들 사이의 협상 중 매우 중요한 쟁점이었다. 각각의 협상의 문제는 공평의 법적 원칙이 엄격하게' 적용되는 국제적 경계를 결정하는 것이다. 하나의 공식이 각국의 경제적, 지형적 그리고 주위요소와의 전략적 경우에 모두 적용될 수 없기 때문에 어떠한 특별한 방법이 정해지지 않았다. 그러나 균등한 경계를 얻기 위한 몇 가지 지침이 1953년부터 International Law Commission(ILC)에 의해 제안되었다 이 지침들 중에 하나는 등거리 원칙(the principle of equidistant)에 의거한 일반적인 규칙을 사용한다. 이 등거리 원칙은 경계상의 모든 점들은 해안의 한 폭에서 측정된 기준선(baseline)상의 최근접점에서 항상 등거리에 있어야 한다. 이 원칙을 구현하기 위한 여러 가지 기하학적 방법이 적용되어왔다. 본 연구에서는 등거리 원칙을 기본으로 하는 알고리즘 중 광범위하게 사용되고 있는 Two-Point 알고리즘과 Three-Point 알고리즘을 정립한 후, 이 알고리즘 결과를 확인할 수 있는 해양경계 획선 프로그램을 웹으로 구현하였다.

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The Development of User Interface Design Principles for Improving the Usability of University Course Management System (대학 강의지원시스템 이용성 향상을 위한 이용자 인터페이스 설계 원칙 개발)

  • Chae, Hyun-Soo;Lee, Jee-Yeon
    • Journal of the Korean Society for information Management
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    • v.29 no.3
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    • pp.123-144
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    • 2012
  • The study goal is to develop the user interface design principles to improve the usability of university course management systems. To achieve the goal, a usability study was conducted using a survey questionnaire and usability test. Eleven user interface design principles for university course management system were developed based on the usability study. This study has significance in that student opinions were incorporated directly into the user interface design principles of university course management system.

A Study on the Nature of the Electronic Letter of Credit Transaction and the Presentation of the Documents (전자신용장의 본질과 서류의 전자제시에 관한 연구)

  • Choi, Seok-Beom
    • International Commerce and Information Review
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    • v.2 no.1
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    • pp.67-95
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    • 2000
  • Owing to the Boero Service, Global Trading will be materialized as international Business to Business E-Commerce. There are three principles in the letter of credit transaction, that is to say, independence and abstraction, document dealing, strict compliance. In the electronic letter of credit, these principles are called as independence and abstraction, electronic document dealing, strict compliance. As a joint venture between SWIFT and TT Club, bolero.net is changing the way the world trades by providing a web-based, paperless mode of commerce that is designed to become a global standard. As bolero.net supplies the service of the title registry resolves the problem of Electronic Bill of Lading, the electronic letter of credit will be easily introduced. Thus, this study deals with the Nature of the Electronic Letter of Credit Transaction and the Presentation of the Documents, in particular, the Bolero Bill of Lading.

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Analysis of Squash & Stretch Principle for Animation Action (애니메이션 동작을 위한 Squash & Stretch 원칙의 분석)

  • Lee Nam-Kook;Kyung Byung-Pyo;Ryu Seuc-Ho
    • Proceedings of the Korea Contents Association Conference
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    • 2005.11a
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    • pp.111-114
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    • 2005
  • Squash & Stretch principle is playing an essential principle for animation action. The application of this principle gives the illusion of weight and volume to an animation character, and makes it possible that an animation action be the smooth and soft by escaping from the stiffness and rigidity. If an action of human or object on animation is expressed like a real world, it seems to be unnatural. Any action without Squash & Stretch will look rigid, uninteresting and not alive. It can be applied to movement of all objects, characters' actions, dialogues and facial expressions with a basic rule of mass, volume and gravity. Any action will not be well expressed without this principle. To be a good animation action, it should be deeply applied in 3D animation, not only 2D animation. Thus, a systemic analysis of Squash & Stretch principle is required.

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Usability Evaluation Framework for Ubiquitous Computing Device (유비쿼터스 디바이스를 위한 사용성 평가 프레임워크 개발 - 디바이스의 Graphical User Interface 중심으로)

  • Kim, Han-Joon;Choi, Jong-Kyu;Ji, Yong-Gu
    • 한국HCI학회:학술대회논문집
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    • 2008.02b
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    • pp.131-135
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    • 2008
  • Nowadays various information devices using electronic technology has been released. And these digital devices will be continuously developed to make a satisfaction of customer's needs. So digital device will support network service using communication technology, so users will use the internet service anywhere, anytime. Also the networked device which is used in ubiquitous computing environment should be evaluated by new evaluation framework. Therefore previous usability evaluation framework need to reflect the characteristics of ubiquitous computing. However most of pervious research about ubiquitous computing was about conceptual issues like rules and characteristics of ubiquitous computing, so the research of usability testing and evaluation method for ubiquitous computing is rarely conducted. This research's purpose is developing the evaluation framework for ubiquitous computing device and usability model for ubiquitous computing. To develop the evaluation framework, we collect the evaluation indexes which have need used in GUI evaluation And we extract evaluation indexes for ubiquitous computing based on literature review.

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A Study on the Improvement Method of the Capital Gains Tax in Korea (양도소득세 결정방법의 개선에 관한 연구)

  • Kim, Ju-Taek
    • Korean Business Review
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    • v.17
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    • pp.111-136
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    • 2004
  • The aim of this study is to review the improvement method of Korea capital gains tax according to the alienation of the real estate, and to suggest an improvement plan. The study has been carried out by reviewing the related literatures. Capital gains tax could be calculated either using the actual price of sale or the standard prices. Korea capital gains tax has been revised many times since 1975 when it was first enacted. Initially the actual price of sale was the default rule and the standard prices was allowed only exceptionally if the actual price of sale could not be detected. The actual price of sale rather than the standard prices should be used for determining the capital gains tax on the transfer. By doing so, the desired principles of taxation such as "principle of taxation on tax paying ability". In conclusion, the present capital gains tax of Korea should be improved in many aspects in order to promote income redistribution function and efficient allocation of resources.

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Usability Evaluation for Smart Phone Augmented Reality Application User Interface (스마트폰 증강현실 애플리케이션 사용자 인터페이스의 사용성 평가 방안)

  • Chang, Won-Suk;Ji, Yong-Gu
    • The Journal of Society for e-Business Studies
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    • v.16 no.1
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    • pp.35-47
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    • 2011
  • Augmented reality applications offering location based service on smart phone require attention to users and new usability evaluation methods. The aim of this paper is to introduce new usability principles for application development and usability evaluation, and conduct expert evaluation on the augmented reality applications. We created a set of usability principles by analyzing characteristic of augmented reality applications, and conducted expert evaluation on three augmented reality applications primarily used by smart phone users. In expert evaluation and filtering procedure, we identified six usability problems that three applications have in common and the improvement guideline for the usability problems. The results of expert evaluation was verified by user test with a prototype that was developed using the guidelines. It is expect that the results of this study can be presented usability principles of the augmented reality application and a method of usability evaluation in the middle of new technology development process.