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A Study on 'Romalpa' Clause under SGA (SGA상 'Romalpa' 조항에 관한 연구)

  • Min, Joo-Hee
    • Korea Trade Review
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    • v.42 no.2
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    • pp.391-410
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    • 2017
  • This study examines Romalpa clause as an extended or enlarged retention of title clause under SGA. Under a simple retention of title clause, the seller retains title to goods supplied until the goods have been paid. A simple retention of title gives the seller super-priority interest in other creditors of the buyer without registering a charge. Aluminium Industrie Vaassen BV v. Romalpa Aluminium Ltd introduced the concept of 'extended reservation of title(so called 'Romalpa clause') in English law. It is because the Court of Appeal held that under an extended reservation about title clause the seller can trace his title into money which constitutes the proceed of sale by the buyer of goods supplied by the seller. However, since Romalpa case, the courts are reluctant to uphold the seller's extended title. Under Romalpa clause, the seller attempts to extend his protection by laying claims to new products manufactured from his goods or to proceeds of sale by the buyer. Where the seller's goods are lawfully used by the buyer to create new goods, the property in the new goods will generally vest in the buyer. It is because there has been discomfort if the seller gains the windfall profit of the new goods. Moreover, regarding tracing proceeds of sale by the buyer, the courts held that the seller must establish fiduciary relationship with the buyer. If the fiduciary requirement cannot be established, the extended retention of title clause is seen as a charge over the proceeds, and void if not registered. For these reasons, it is difficult that the claims based on the extended retention of title clause would be upheld.

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The Impact of Exchange Rate Volatility on Korea's Exports of Machinery Intermediate Goods to East Asian Countries: Around the Global Financial Crisis (환율변동성이 동아시아 국가에 대한 한국의 기계류 중간재 수출에 미치는 영향: 글로벌 금융위기 전후를 중심으로)

  • Jung, Moon-Hyun
    • Korea Trade Review
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    • v.43 no.3
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    • pp.169-198
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    • 2018
  • The purpose of this paper is to investigate the impact of exchange rate volatility on the export of Korean machinery intermediate goods to East Asian countries using the export demand model. In order to secure the validity of the estimation of the exchange rate volatility for the export of machinery intermediate goods, various methods of volatility measurement are used including the GARCH model, the moving average standard deviation and the 12-month fixed average standard deviation. The long-term relationship between variables was analyzed by applying the panel cointegration tests and DOLS & FMOLS panel estimations. Analysis results found that prior to the global financial crisis in 2008, the total exports of machinery and exchange rate volatility positively affect the exports of intermediate goods such as general machinery, electronic machinery and transportation equipment, but did not affect the exports of precision machinery intermediate goods. After the global financial crisis, however, exchange rate volatility negatively affected total exports and the exports of all machinery intermediate goods. When analyzing the period before and after the global financial crisis, it had a positive impact on exports of precision machinery intermediate goods and a negative effect on total exports and the exports of other machinery intermediate goods.

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A Study on the Right of the Suspension of Performance under SGA (SGA상의 이행정지권에 관한 연구)

  • Min, Joo-Hee
    • Korea Trade Review
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    • v.41 no.5
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    • pp.187-211
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    • 2016
  • This study discusses the right of suspension of performance against anticipatory breach under SGA. Anticipatory breach originated in Hochster v De La Tour allows the innocent party to exercise immediately the right or rights reserved for the non-performance of obligations. But it has not been codified in English Law. Instead, under SGA s. 41 and s. 44, the seller may suspend his performance against the buyer' anticipatory breach. Lien under s. 41 and stoppage in transit under s. 44 are given only to the seller in a narrowly-defined situation. Under SGA s. 41, the unpaid seller is entitled to retain possession of goods where the buyer becomes insolvent. But under SGA s. 43, the unpaid seller loses the right of lien when he delivers goods to a carrier or other bailee or custodian for the purpose of transmission to the buyer without reserving the right of disposal, or when the buyer or his agent lawfully obtains possession of the goods, or by waiver of lien. Under SGA s. 44, the unpaid seller may exercise the right of stoppage in transit if the buyer becomes insolvent, despite the fact that the property of goods has passed or a bill of lading has been transferred to the buyer. But, under s. 45, the right of stoppage in transit is ended when the buyer or his agent takes delivery of goods. And where the buyer transfers a bill of lading to a sub-buyer, the unpaid seller loses his right to stop goods in transit.

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The Study of the Correlation between Media Art Creative City and Local festival - with Lyon, Sapporo, Linz as the central figure - (미디어아트 창의도시와 지역축제의 연관성 연구 - 리옹, 삿포로, 린츠를 중심으로 -)

  • Jeong, Hye Young;Kim, Kyoung Soo
    • Korea Science and Art Forum
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    • v.24
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    • pp.399-409
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    • 2016
  • This study's purpose is to research the correlation between property and the major festivals with media art of exemplary 3 cities among 8 Unesco Media Art Creative Cities. As a result, it is drawn a conclusion that the below strategies are necessary to achieve success for Unesco Media Art Creative City. First, from the Creative City's point of view, on the basis of the maximization of various merits such as history, natural surroundings, and human resources of the city, it is necessary to reconcile a vision of the city and an identity of Media Art Creative City, and to seek for continuous growth of the city by consistency and durability of control tower within the local government. Second, from the local festival's point of view, it is necessary to provide a differentiated service in the existing media art festivals, to attract the fusion of media art and festivals, and the diversification and the popularization of media art programs. And, it needs to lead to involvement of young people with the fusion of on-line and off-line festivals, the fusion of analogue and digital festivals. In the conclusion, for the successful constructing of Media Art Creative City, it is necessary to maximize the merits of the city's own, to enhance the image for Media Art Creative City with the correlation between the merits and media art, and to differentiate the city's own various festivals, ant the same time, to converge them with media art technology. With these strategies, the local festival can make a new leap for global festival when it constitutes a whole with Media Art Creative City.

A Study on the Application of SPA brand to BI Color and User Preference (SPA 브랜드의 BI 색채 적용 현황과 사용자 선호도 조사)

  • Park, Han Na;Paik, Jin Kyung
    • Design Convergence Study
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    • v.17 no.2
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    • pp.45-57
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    • 2018
  • Sales for SPA brand names of private label apparels are on the rise in the domestic clothing market. The aim of this study is to analyze the characteristics of SPA brands and how each color system is proposed within the BI system. In this study, 8 brands were selected as the most popular SPA brands in Korea and abroad with stores based on brand power and sales and preference by consumers. Therefore, among information factors such as brand identity (BI) and color characteristic. sign system, package, and environmental factors, buildings facade and interior design of eight brands were investigated. Research into color application of BI revealed that four brands used red colors with different tones with different identity differentiation. For the other four brands, the company applied BI designs that gained the brand's character such as a black-and-white or dark blue one. Thus, it is considered important to select BI color in order to differentiate and enhance preferences in brand identity.

Study on Wearable Health Care Devices Function Using Quantified Self - Focusing on Cardio-cerebrovascular Disease - (수치화 된 자아를 활용한 헬스케어 웨어러블 디바이스 기능 분석 - 심뇌혈관 질환 중심으로 -)

  • Lee, Ye Rim;Jung, Jung Ho
    • Design Convergence Study
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    • v.16 no.5
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    • pp.1-20
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    • 2017
  • Cardio-cerebrovascular disease is one of the chronic diseases that often attack people in Korea, and in fact, it ranks second in terms of death rate. This disease can be prevented by improving lifestyle, usual health care is important. But, in Korea most of the prevention or management programs adopt passive methods like using guide books or giving lectures, so it is not very effective in preventing the disease. Presently, the smart health care market is being developed in Korea and overseas. As an example, quantified self is being spread through wearable devices which are intended to measure each individual's health conditions and quantify body data into numbers for bettering habits. Accordingly, this author will explore and discuss wearable health care devices so as to prevent and manage cardio-cerebrovascular disease in a more active way. First, this study has classified wearable health care devices presently commercialized or related with cardio-cerebrovascular disease into wrist, clothes, or attaching types by the way of their attachment and analyzed them. After that, summing that up, this author performed cross-tabulations with other ways of preventing cardio-cerebrovascular disease. This will contribute to improving one's health care behavior about disease more actively and also work as an active interdisciplinary mechanism in research dealing with how to prevent disease afterwards.

The effect of preference color of children's hospital lobby on the visual attention (어린이병원 로비공간에서 선호 색채가 시지각 주의집중에 미친 영향)

  • Cho, Eun Kil;Son, Kwang Ho
    • Korea Science and Art Forum
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    • v.23
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    • pp.347-358
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    • 2016
  • The design of children's hospitals is highly dependent on color schemes. As a space shared together by both adults and children, the design of children's hospitals require color coordination that takes account of the users' characteristics. However, because the majority of prior research on color perception has focused overly on the emotional aspects, there is a necessity for more rational and scientific analyses to identify the characteristics of the visual perception of colors. Adopting this perspective in analyzing the characteristics of the visual perception of colors, this study aims to move beyond the abstract to focus on more objective methods, such as eye-tracking experiments, to examine the characteristics of hospital visitors' visual attention with respect to colors. Visual perception tracking experiment was conducted on the 2 chosen experimental images with a target group made up of adults and children, the following results were found. Firstly, spaces created with the preference colors of the different groups were found to develop a characteristic of developing higher attention. Secondly, observing the common tendencies for attention for adults and children, the highest region for visual concentration was formed towards the middle, as attention progresses to lower stages visually focused area changes in the order of upper-middle, left and right, and lower regions and edge regions show characteristics of not triggering attention Thirdly, it is understood that children's level of attention drops a lot faster than adults when identifying space therefore it is suspected that children need more elaborate color coordination than adults.

Using frequency and needs for walking sphere of neighborhood facilities by the elderly - Focused on the elderly who lived in Busan - (노인의 근린생활시설 이용정도와 도보권 시설요구 - 부산지역 거주 노인을 중심으로 -)

  • Oh, Chan Ohk
    • Korea Science and Art Forum
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    • v.20
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    • pp.279-292
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    • 2015
  • As the aging society is rapidly coming, the needs for the elderly-friendly living environments was also increasing. The purpose of this study was to examine how frequently 25 neighborhood facilities were used by the elderly and what facility they wanted to be arranged within their walking distance. The subject of this study were 158 elderlies who were their ages of more than 65 years and lived in Busan. The data were collected by using an one to one interview method. Findings were as follows; 1) The elderly used very frequently facility for the elderly such as a senior center, walking road, and park and green space. Also, bus stop, traditional market, and resting facilities were used relatively frequently. 2) Some neighborhood facilities were used not frequently, but periodically. 3) Using frequencies of some neighborhood facilities were different by the elderly's characteristics. 4) Among 25 neighborhood facilities, the facilities which the old persons wanted to be arranged within walking distance were medical clinics, facilities for the elderly, subway station, bus stop, traditional market, park and green space, walking road, and food market/convenience store.

A Study on the Space Vitalization Combining Historical and Cultural Speciality of Traditional Cultural Heritage. - Focusing on Developing the Fashion art Contents of Gwangheemun - (전통 문화재의 역사·문화적 특수성을 융합한 공간 활성화 방안 연구 - 광희문(光熙門)의 패션예술 콘텐츠 개발을 중심으로 -)

  • Kim, Ji Eun;Kim, Ga Young;Park, Eun Soo
    • Korea Science and Art Forum
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    • v.24
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    • pp.143-157
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    • 2016
  • Focusing on the Gwangheemun that have a history of spatial specificity. Gwangheemun increase the value of space in the surrounding area, focused to derive a plan that can be activated. Research method was to analyze the characteristics and advantages and disadvantages of the surrounding space and the associated cultural content through SWOT analysis around the base of Gwangheemun. After considering the potential of the current location of physical characteristics and spatial resources, the possibility Gwangheemun development were mainly fashion and art content for the Space Vitalization in the surrounding area. Fashion and art space of Gwangheemun activated based on the possibility of Gwangheemun cultural meaning and value in the history of the past and the present time presented the main directions and strategic approach. The results of this research suggested Fashion art Hotel in applying urban regeneration methodologies, Cheongguro-16 plan for content development, arts and culture fashion street planning. Through this research, we want to establish the strategic control strategy between the policy decision making structures for the successful development of the fashion arts content.

A Study on the Type and Sense of Place of the Lighting Design of Urban Public Space (도시 공공공간 조명디자인 유형과 장소성에 관한 연구)

  • Ma, Dong Qing;Yoon, Ji Young
    • Korea Science and Art Forum
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    • v.27
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    • pp.101-114
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    • 2017
  • Based on the relationship between urban public space, urban lighting and the sense of place, this paper aims to analyze the lighting environment types with the sense of place and their characteristics. First, with the theory study as the research foundation, it extracts six spatial factors of public space lighting design and then analyzes 12 relevant cases on the basis. Finally, it divides the 12 cases into four types, Basic types, Storytelling, Interactive and Multi-Media and analyzes the core design factor and characteristics of various types. The results show that: first, functionality, sustainability and aesthetics are the basic factors to realize the urban public space lighting places. Second, the six cases of "Storytelling" show that the theme of specific areas, namely the exploration of "story" is conducive for lighting design to form clear and definite environment recognition. Third, for "Interactive" and "Multi-Media", the intervention of new media technology and new lighting way has made the wide expansion of urban lighting design connotation and extension. The research results show that strengthening the urban location performance by the lighting design could improve the city image, which provides the basis for the development of urban public space lighting design.