• Title/Summary/Keyword: 의무구매

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A Study on the Buyer's Duty to Mitigate Seller's Damages in CISG (CISG상의 매수인의 손해경감의무에 관한 고찰)

  • HA, Kang-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.66
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    • pp.1-23
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    • 2015
  • A party who relies on a breach of contract must take such measures as are reasonable in the circumstances to mitigate the loss, including loss of profit, resulting from the breach. Appropriate measures are those aimed at lessing the loss as far as reasonably possible. Such measures will typically be a resale of the goods by the seller or a cover purchase by the buyer. The measures the injured party is expected to take in order to mitigate the loss must be reasonable in the circumstances. Article 77 will be applied to the difference between the amount by which the loss should have been mitigated under Article 77. A reduction of damages is the only remedy available to the party in breach in cases covered by Article 77. If the buyer has received the goods and intends to exercise any right under the contract or this Convention to reject them, he must take such steps to preserve them as are reasonable in the circumstances. If goods dispatched to the buyer have been placed at his disposal at their destination and he exercises the right to reject them, he must take possession of them on behalf of the seller. Article 86(1) requires that the buyer manifest his intention at the moment of receipt of the goods. Article 86(2) envisages that the goods have been dispatched to the buyer and that they have been placed at his disposal at their destination. Article 87 allows him to deposit them in the warehouse of a third person. It is not necessary that the warehouse by public, or that it be a general warehouse for storage. A party who is bound to preserve the goods in accordance with articles 86 may sell them by any appropriate means taking possession of the goods or in taking them back or in paying the price or the cost of preservation. If the goods are subject to rapid deterioration or their preservation world involve unreasonable expense, a party who is bound to preserve the goods must take reasonable measures to sell them. A difference exists between paragraph Article 88 (1) which grants the right to sell, and paragraph (2 )which imposes the duty to take reasonable measures to sell the goods. According to Article 88(2), the party who wishes to sell must give notice to the other party of such intention, to the extent possible.

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보험산업(保險産業)의 가격자유화(價格自由化)에 관한 연구(硏究)

  • Na, Dong-Min
    • KDI Journal of Economic Policy
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    • v.16 no.2
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    • pp.91-109
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    • 1994
  • 본고(本稿)는 피보험자(被保險者)의 위험정도(危險程度)에 관하여 정보의 불균형이 존재하고 있는 보험시장에서 전체(全體) 시장참여자(市場參與者)의 효용(效用)과 기대이익(期待利益)을 증대시키기 위하여 어떠한 가격정책을 수립하여야 하는지를 분석(分析)하고, 이 분석을 토대로 현재 정부가 추진중인 가격자유화 추진계획방향을 평가하고 개선방향(改善方向)을 제시하고자 하였다. 본고(本稿)의 분석결과(分析結果)에 따르면 정보(情報)의 불균형하(不均衡下)에서 자유화 초기단계의 제한적인 가격자유화는 전체 보험이용자의 효용을 증대시키는 효과를 가져오나 자유화의 폭이 커질수록 사회전체적인 효용증대효과는 불명확해진다. 이 경우 일정범위에 대해서는 요율(料率)과 보장범위(保障範圍)를 위험에 따라 차별화하지 않는 단일(單一) 공동요율(共同料率)을 제시하는 계약(契約)을 주계약(主契約)으로 구매하게 하고, 보충계약(補充契約)인 특약부분(特約部分)에서 각 이용자가 위험정도에 따라 차별화된 가격으로 적절한 보장범위를 선택하게 하도록 정부가 유도하는 것이 바람직하다. 주계약과 보충계약으로 구성된 이러한 보조계약(補助契約)은 기존의 단일(單一) 공동요율(共同料率)에 의한 계약보다 파레토개념에서 우월한 계약으로 시장전체에 순효용증대(純效用增大)의 효과(效果)를 가져올 것이다. 또한 고지의무(告知義務)의 강화(强化), 위험분류(危險分類) 및 선택(選擇) 업무(業務)의 효율화(效率化) 등으로 보험시장내에서 정보의 불균형현상이 해소되고 나면 실질적(實質的)인 가격(價格)의 완전자유화(完全自由化)를 실시하여 파레토최적(最適)을 이루어야 할 것이다. 따라서 정부는 보험시장(保險市場)의 특성(特性)을 고려하여 주어진 조건에서 전체 시장참여자의 효용과 기대이익을 극대화하는 가격정책(價格政策)을 펴야 하며, 현재 추진중인 보험상품(保險商品) 가격자유화계획(價格自由化計劃)도 이런 관점에서 재조명되어야 할 것이다.

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Needs for the Conversion of Social Enterprise (사회적 기업 전환을 위한 욕구분석)

  • Lee, Yong-Jae
    • The Journal of the Korea Contents Association
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    • v.10 no.4
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    • pp.367-374
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    • 2010
  • The purpose of this study is suggesting proper support policy for the social enterprises by investigating the agency's needs of aiming social enterprise. The major findings of this research are as follows. Inter obstacle factors are the lack of operating and investment funds, and preceding condition for social enterprise's conversion is most important is finance support. The preparation of social enterprise's establishment and operating fund is needed in the conversion's process for social enterprise, and the important issues that central and local government have to solve are the support of labor cost and the obligation of trusts and purchases. Therefore, central and local government have to support initially funds for having facilities and staffs in social enterprises, and support forming market for the goods and services of social enterprises.

Educational Program for the Elder's Daily Life as a Consumer (노인 소비자를 위한 소비생활 교육 프로그램)

  • Lee, Yoon-Jung
    • The Journal of the Korea Contents Association
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    • v.10 no.4
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    • pp.265-273
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    • 2010
  • The aim of this paper is developing the educational program for the elder's daily life as a consumer, according as recognize the important of their consumption function and role in modern society. This paper consider the studies for elder consumption needs and activities for educational program, then present six principles and contents in four areas. The principals are empirical, socialization, interrelation, spontaneity, individualization and respect for the aged principal. The program themes are preventive education for elder consumer, advisable transaction, advisable transaction through cases and consumer's right, responsibility, duty and process of decision for purchase.

U.S. Rules on Enhancing Airline Passenger Protections (미국 연방법규상 항공여객보호제도에 관한 연구)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.63-96
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    • 2013
  • Recently, U.S. Department of Transportation (DOT) expanded the "Enhancing Airline Passenger Protections" on August 23, 2011 and October 24, 2011. The Rule regulates tarmac delays, denied boarding compensation, customer service plans, and fare advertising. The adopted rule is to protect passengers by improving passenger service requirements on U.S. national or domestic carriers and foreign air carriers as well. The major issues are as follows: First, regarding to so called Tarmac Delay, carriers must establish a Tarmac Delay Contingency Plan setting forth the number of hours the carrier will permit an aircraft to remain on the tarmac at U.S. airports before allowing passengers to deplane. Carriers also must provide passengers with food and water in the event the aircraft remains on the tarmac for two or more hours and must provide operable lavatories and medical attention while the aircraft remains on the tarmac, irrespective of the length of the delay. Carriers also must create and retain records regarding tarmac delays lasting more than three hours. Also they need to update passengers every 30 minutes during a tarmac delay of the status of the flight and the reason for the delay, allow passengers to deplane if the aircraft is at the gate or another disembarkation area with the door open. Second, carriers now must adopt a "Customer Service Plan" that addresses offering customers the lowest fares available, notifying customers about delays, cancellations, and diversions; timely delivery of baggage; accommodating passengers' needs during tarmac delays and in "bumping cases"; and ensuring quality customer service. Third, the new regulations also increase minimum denied boarding compensation limits to $650 / $1,300 or 200% / 400% of the fare, whichever is less. Last, the DOT also has modified its policies related to enforcement of Rules pertaining to full fare advertising. The Rule states that the advertised price for air transportation must be the entire price to be paid by the customer. Similarly, Korea revised the passenger protection clauses within Aviation Act. However, it seems to be required to include various more issues such as Tarmac Delay, oversales of air tickets, involuntary denied boarding passengers, advertisements, etc.

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Semantic Segmentation for Roof Extraction using Official Buildings Information (건물 통합 정보를 이용한 지붕 추출 의미론적 분류)

  • Youm, Sungkwan;Lee, Heekwon;Shin, Kwang-Seong
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2021.10a
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    • pp.582-583
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    • 2021
  • As the production of new and renewable energy such as solar and wind power has diversified, microgrid systems that can simultaneously produce and consume have been introduced. . In general, a decrease in electricity prices through solar power is expected in summer, so producer protection is required. In this paper, we propose a transparent and safe gift power transaction system between users using blockchain in a microgrid environment. A futures is simply a contract in which the buyer is obligated to buy electricity or the seller is obliged to sell electricity at a fixed price and a predetermined futures price. This system proposes a futures trading algorithm that searches for futures prices and concludes power transactions with automated operations without user intervention by using a smart contract, a reliable executable code within the blockchain network. If a power producer thinks that the price during the peak production period (Hajj) is likely to decrease during production planning, it sells futures first in the futures market and buys back futures during the peak production period (Haj) to make a profit in the spot market. losses can be compensated. In addition, if there is a risk that the price of electricity will rise when a sales contract is concluded, a broker can compensate for a loss in the spot market by first buying futures in the futures market and liquidating futures when the sales contract is fulfilled.

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Design and Implementation of Ethereum-based Future Power Trading System (이더리움 기반의 선물(Future) 전력 거래 시스템 설계)

  • Youm, Sungkwan;Lee, Heekwon;Shin, Kwang-Seong
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2021.10a
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    • pp.584-585
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    • 2021
  • As the production of new and renewable energy such as solar and wind power has diversified, microgrid systems that can simultaneously produce and consume have been introduced. In general, a decrease in electricity prices through solar power is expected in summer, so producer protection is required. In this paper, we propose a transparent and safe gift power transaction system between users using blockchain in a microgrid environment. A futures is simply a contract in which the buyer is obligated to buy electricity or the seller is obliged to sell electricity at a fixed price and a predetermined futures price. This system proposes a futures trading algorithm that searches for futures prices and concludes power transactions with automated operations without user intervention by using a smart contract, a reliable executable code within the blockchain network. If a power producer thinks that the price during the peak production period is likely to decrease during production planning, it sells futures first in the futures market and buys back futures during the peak production period to make a profit in the spot market. losses can be compensated. In addition, if there is a risk that the price of electricity will rise when a sales contract is concluded, a broker can compensate for a loss in the spot market by first buying futures in the futures market and liquidating futures when the sales contract is fulfilled.

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A Study on Environmental Information Disclosure of Hospitals (의료기관의 환경정보공개 현황에 관한 고찰)

  • Kang, Jung-Kyu
    • Journal of Digital Convergence
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    • v.11 no.12
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    • pp.577-588
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    • 2013
  • Main purpose of this study is to suggest improvement of environmental information disclosure system and to find out counterplan for hospitals based on literal review and 41 hospitals/clinic's environmental information data(2011) released by the Korean ENV-INFO SYSTEM. The research methodology used to analyze 18 items divided between 7 for compulsory and 11 for voluntary was primarily quantitative. Research subjects was comprised of 33 general hospitals, 6 hospitals and 1 clinic. Environmental information disclosure system needs to be improved as follows: (1) enlargement of citizen participation, (2) upgrade of 'Company Overview', (3) clear definition of items, (4) unifying measure unit, (5) close verification, (6) creating standards for additional informations. The following activities are critical for hospitals: (1) reliability enhancement of hospital's data, (2) reorganization strategy & green management system, (3) water/energy reduction data accumulation, (4) greenhouse gas emission reduction planning, (5) introduction of green purchase guidelines, (6) digital publication of environmental(sustainable) report.

Methods to Improve the Design of Household Fire Extinguishers through an Empirical Analysis of Consumer Compatibility (소비자의 적합성 실증분석을 통한 가정용 소화기의 디자인 개선방안)

  • Lee, Sung-Woo
    • Fire Science and Engineering
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    • v.34 no.3
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    • pp.58-66
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    • 2020
  • Households are categorized as exceptions in the Fire Services Act; oftentimes, the 'Golden Time' is missed at the early stages of a fire, resulting in loss of life. As such, due to the high number of deaths caused by household fires, the Korean government amended the Fire Services Act to make it mandatory for all detached houses to be equipped with a fire extinguisher from 2017 onwards. Only 34.8% of households were properly equipped with a fire extinguisher, according to the 2018 factual survey on fire extinguishing facilities in households conducted by the Fire Department. Fire extinguishers are crucial in case of fire but many households avoid them because they are red and have a rough aesthetic, which does not suit the household environment. There is now a need for diverse simple fire extinguisher designs so that they can be used as interior décor in the household in the day-to-day while being available for putting out a fire when necessary. If fire extinguishers have designs that go well with any household space like other decorative ornaments, this will greatly increase consumers' motivation to purchase them. It is greatly anticipated that various companies will work on developing designs for fire extinguishers to commercialize them for households in the future.

Spring Boot-based Programming Education and Online Scoring System (Spring boot 기반의 프로그래밍 교육 및 온라인 채점 시스템)

  • Cho, Minwoo;Lee, Taejun;Choi, Jiyoung;Lee, Sungock;Jung, Heokyung
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2021.05a
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    • pp.450-452
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    • 2021
  • Recently, as interest in programming and artificial intelligence has increased, software education has been compulsory from elementary school. In order to achieve this goal of programming education, it is necessary to basically establish a lab environment suitable for students and teachers. However, there is a problem with performance problems caused by old computers in the lab environment of the school, and there is a problem that students must purchase and use the existing online platform while implementing an algorithm contest program in which students access and evaluate their problem-solving ability at the same time. Therefore, in this paper, to solve this problem, we propose a web-based online practice environment and algorithm contest scoring system using React and Spring boot. Through this, it is believed that even in a computer with low specifications, programming can be studied using only a web browser.

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