• Title/Summary/Keyword: 한국 상법

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A Critical Review and Proposal to Legislation in respect of Actual Carrier's Liability under the Commercial Act (상법상 실제운송인의 손해배상책임에 관한 비판적 고찰과 입법론)

  • KIM, Chan-Young
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.327-348
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    • 2016
  • Under the Korean legal system, as an actual carrier is not the contractual party to the contract for carriage of goods by sea, it has been tortiously liable for the damage to, or loss of cargo, should there be the negligence by its part. However, the Rotterdam Rules introduces a revolutionary liability regime for the actual carrier. According to the Rotterdam Rules, the liability of the actual carrier is same with that of a contractual carrier with the result that a shipper is entitled to bring the direct action to the actual carrier, as well as the contractual carrier on the same basis. Nevertheless, it is expected to take long time for the new approach in respect of actual carrier's liability to be confirmed by many countries, and furthermore most of shipping countries including Korea still adopt the Hague-Vis by Rules where the shipper is not allowed to bring the direct action to the actual carrier. This study reviews on whether or not the alteration of actual carrier's liability based on Rotterdam Rules would be reasonable, considering the current Korean legal system. Furthermore, this study, whilst recognizing that the overall introduction of the new liability regime is somewhat premature, suggests the imposition of contractual liability to the actual carrier from a long-term perspective. Having in mind that the article 809 of the Korean Commercial Act allows the shipper to bring the direct action to the shipowner only in the case that a time charterer is the contractual carrier, this study explores a method to apply the contractual liability to the actual carrier in the case that a slot charterer or freight forwarder is the contractual carrier, in order to establish the uniform liability system.

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The Allocation of Risk under Sale of Goods in American Law - Focused on the Uniform Commercial Code and Cases - (미국법상 물품매매계약에서의 위험의 분배 - 통일상법전(UCC)의 규정 및 사례를 중심으로 -)

  • Kim, Young Ju
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.58
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    • pp.59-98
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    • 2013
  • Risk of loss is a term used in the law of contracts to determine which party should bear the burden of risk for damage occurring to goods after the sale has been completed, but before delivery has occurred. Under the Uniform Commercial Code (UCC), there are four risk of loss rules, in order of application. First, it is agreement that is the agreement of the parties controls. Second, the breaching party is liable for any uninsured loss even though breach is unrelated to the problem. Hence, if the breach is the time of delivery, and the goods show up broken, then the breaching rule applies risk of loss on the seller. Third, the delivery by common carrier other than by seller is necessary: Risk of loss shifts from seller to buyer at the time that seller completes its delivery obligations; If it is a destination contract, then risk of loss is on the seller; If it is a delivery contract, then the risk of loss is on the buyer. Fourth, if the seller is a merchant, then the risk of loss shifts to the buyer upon buyer's receipt of the goods. If the buyer never takes possession, then the seller still has the risk of loss. This paper discusses problems of risk of loss under the American law. Specifically, this paper focuses on the interpretation of UCC sections and analysis of various cases. By comparing, also, UCC and Korean law, the paper proposes some implications of risk of loss issues for Korean law.

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A sensorless speed control of brushless DC motor by using direct torque control (직접토크제어에 의한 브러시리스 직류전동기의 센서리스 속도제어)

  • Yoon, Kyoung-Kuk;Oh, Sae-Gin;Kim, Deok-Ki
    • Journal of Advanced Marine Engineering and Technology
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    • v.39 no.9
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    • pp.935-939
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    • 2015
  • This paper describes sensorless speed control of brushless DC motors by using direct torque control. Direct torque control offers fast torque response, robust specification of parameter changes, and lower hardware and processing costs compared to vector-controlled drives. In this paper, the current error compensation method is applied to the sensorless speed control of a brushless DC motor. Through this control technique, the controlled stator voltage is applied to the brushless DC motor such that the error between the stator currents in the mathematical model and the actual motor can be forced to decay to zero as time proceeds, and therefore, the motor speed approaches the setting value. This paper discusses the composition of the controller, which can carry out robust speed control without any proportional-integral (PI) controllers. The simulation results show that the control system has good dynamic speed and load responses at wide ranges of speed.

Field Application of a Cable NDT System for Cable-Stayed Bridge Using MFL Sensors Integrated Climbing Robot (누설자속센서를 탑재시킨 이동로봇을 이용한 사장교 케이블 비파괴검사 시스템의 현장 적용)

  • Kim, Ju-Won;Choi, Jun-Sung;Lee, Eun-Chan;Park, Seung-Hee
    • Journal of the Korean Society for Nondestructive Testing
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    • v.34 no.1
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    • pp.60-67
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    • 2014
  • In this study, an automated cable non-destructive testing(NDT) system was developed to monitor the steel cables that are a core component of cable-stayed bridges. The magnetic flux leakage(MFL) method, which is suitable for ferromagnetic continuum structures and has been verified in previous studies, was applied to the cable inspection. A multi-channel MFL sensor head was fabricated using hall sensors and permanent magnets. A wheel-based cable climbing robot was fabricated to improve the accessibility to the cables, and operating software was developed to monitor the MFL-based NDT research and control the climbing robot. Remote data transmission and robot control were realized by applying wireless LAN communication. Finally, the developed element techniques were integrated into an MFL-based cable NDT system, and the field applicability of this system was verified through a field test at Seohae Bridge, which is a typical cable-stayed bridge currently in operation.

Development of MFL Testing System for the Inspection of Storage Tank Floor (저장탱크 바닥면 검사를 위한 누설자속 탐상 시스템 개발)

  • Won, Soon-Ho;Cho, Kyung-Shik;Lee, Jong-O;Chang, Hong-Keun;Joo, Gwang-Tae
    • Journal of the Korean Society for Nondestructive Testing
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    • v.22 no.1
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    • pp.38-44
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    • 2002
  • MFL method is a qualitative inspection tool and is a reliable, fast and economical NDT method. The application of MFL method to the inspection of storage tank floor plates has been shown to be a viable means. Examination of tank floors previously depended primarily upon ultrasonic test methods that required slow and painstaking application. Therefor most ultrasonic inspection of storage tank has been limited to spot testing only. Our NDE group have developed magnetic flux leakage system to overcome limitation of ultrasonic test. The developed system consists of magnetic yoke, array sensor, crawler and software. It is proved that the system is able to detect artificial flaw like 3.2mm diameter, 1.2mm depth in 6mm thick steel plate.

Neuro-Anatomical Evaluation of Human Suitability for Rural and Urban Environment by Using fMRI (자연과 도시환경의 인체친화성에 대한 신경해부학적 평가: 기능적 자기공명영상법)

  • Kim, Gwang-Won;Song, Jin-Kyu;Jeong, Gwang-Woo
    • Progress in Medical Physics
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    • v.22 no.1
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    • pp.18-27
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    • 2011
  • The purpose of this study was to identify different cerebral areas of the human brain associated with rural and urban picture stimulation using a 3.0 Tesla functional magnetic resonance imaging (fMRI) and further to investigate the human suitability for rural and urban environments. A total of 27 right-handed participants (mean age: $27.3{\pm}3.7$) underwent fMRI study on a 3.0T MR scanner. The brain activation patterns were induced by visual stimulation with each rural and urban sceneries. The participants were divided into two groups as 26 subjects favorable to rural scenery and 14 subjects unfavorable to urban scenery based on their filled-in questionnaire. The differences of the brain activation in response to two extreme types of pictures by the two sample t-test were characterized as follows: the activation areas observed in rural scenery over urban were the insula, middle frontal gyrus, precuneus, caudate nucleus, superior parietal gyrus, superior occipital gyrus, fusiform gyrus, and globus pallidus. In urban scenery over rural, the inferior frontal gyrus, parahippocampal gyrus, postcentral gyrus, superior temporal gyrus, amygdala, and posterior cingulate gyrus were activated. The fMRI patterns also clearly show that rural scenery elevated positive emotion such as happiness and comfort. On the contrary, urban scenery elevated negative emotion, resulting in activation of the amygdala which is the key region for the feelings of fear, anxiety and unpleasantness. This study evaluated differential cerebral areas of the human brain associated with rural and urban picture stimulation using a 3.0 Tesla fMRI. These findings will be useful as an objective evaluation guide to human suitability for ecological environments that are related to brain activation with joy, anger, sorrow and pleasure.

Bias Correction for GCM Long-term Prediction using Nonstationary Quantile Mapping (비정상성 분위사상법을 이용한 GCM 장기예측 편차보정)

  • Moon, Soojin;Kim, Jungjoong;Kang, Boosik
    • Journal of Korea Water Resources Association
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    • v.46 no.8
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    • pp.833-842
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    • 2013
  • The quantile mapping is utilized to reproduce reliable GCM(Global Climate Model) data by correct systematic biases included in the original data set. This scheme, in general, projects the Cumulative Distribution Function (CDF) of the underlying data set into the target CDF assuming that parameters of target distribution function is stationary. Therefore, the application of stationary quantile mapping for nonstationary long-term time series data of future precipitation scenario computed by GCM can show biased projection. In this research the Nonstationary Quantile Mapping (NSQM) scheme was suggested for bias correction of nonstationary long-term time series data. The proposed scheme uses the statistical parameters with nonstationary long-term trends. The Gamma distribution was assumed for the object and target probability distribution. As the climate change scenario, the 20C3M(baseline scenario) and SRES A2 scenario (projection scenario) of CGCM3.1/T63 model from CCCma (Canadian Centre for Climate modeling and analysis) were utilized. The precipitation data were collected from 10 rain gauge stations in the Han-river basin. In order to consider seasonal characteristics, the study was performed separately for the flood (June~October) and nonflood (November~May) seasons. The periods for baseline and projection scenario were set as 1973~2000 and 2011~2100, respectively. This study evaluated the performance of NSQM by experimenting various ways of setting parameters of target distribution. The projection scenarios were shown for 3 different periods of FF scenario (Foreseeable Future Scenario, 2011~2040 yr), MF scenario (Mid-term Future Scenario, 2041~2070 yr), LF scenario (Long-term Future Scenario, 2071~2100 yr). The trend test for the annual precipitation projection using NSQM shows 330.1 mm (25.2%), 564.5 mm (43.1%), and 634.3 mm (48.5%) increase for FF, MF, and LF scenarios, respectively. The application of stationary scheme shows overestimated projection for FF scenario and underestimated projection for LF scenario. This problem could be improved by applying nonstationary quantile mapping.

A Legal Study on liability for damages cause of the air carrier : With an emphasis upon liability of passenger (항공운송인의 손해배상책임 원인에 관한 법적 고찰 - 여객 손해배상책임을 중심으로 -)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.3-35
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    • 2013
  • Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passenger transportation accident is a need more discussion of legal discipline for this particular. Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the "working for the elevation" or "aircraft" on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of "working for the lifting of" the concepts defined in the same way from Warsaw Convention "accident". In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the "personal injury" in the damage of the passenger is in the range of damages. If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence "for" intentional or negligent "Korean Air's Terms" I considered judgment of compatibility is required, and that gross negligence is appropriate. The "Korean Air international passenger Conditions of Carriage", airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.

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천상열차분야지도(天象列次分野之圖)와 소주천문도(蘇州天文圖)의 별자리 비교 연구

  • Choe, Go-Eun;Yang, Hong-Jin;An, Yeong-Suk
    • The Bulletin of The Korean Astronomical Society
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    • v.36 no.2
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    • pp.138.1-138.1
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    • 2011
  • 천상열차분야지도와 소주천문도는 전통 별자리를 돌에 새긴 한국과 중국의 대표 천문도이다. 이들 천문도는 조선 초기인 1395년과 남송시대인 1247년에 각각 만들어졌다. 비슷한 시기에 만들어진 두 천문도에는 한양(漢陽)과 개봉(開封)의 위도를 기준으로 밤하늘에 보이는 동양의 전통 별자리가 새겨져있다. 본 연구에서는 이들 두 천문도의 별자리를 비교 분석하여 각각의 특징을 찾아내고 이들을 한국과 중국의 전통 별그림과 비교하였다. 천상열차분야지도 별그림의 가장 큰 특징은 밝기에 따라 별의 크기를 다르게 새긴 과학적인 표현법이다. 이 외에도 한국과 중국 석각천문도의 별그림에는 몇 가지 차이점이 있다. 두 천문도에서 보이는 별그림의 차이를 조사한 결과 다르게 그려진 별그림에서 각각의 공통된 특징을 찾아냈다. 두 천문도의 대표적 차이점은 별자리 연결방식과 별의 상대적 위치 차이에 의한 별자리 모양이다. 아울러, 두 천문도에 그려진 서로 다른 별그림을 한국과 중국의 보천가(步天歌)와 신의상법요(新儀象法要)의 별그림과 비교하였다. 한국과 중국의 석각 천문도를 비교한 결과 두 천문도 별그림의 가장 큰 차이점은 천문도 제작의 완성도와 별그림의 유래 그리고 별자리 표현 방식의 차이에서 기인하고 있음을 확인하였다.

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기업지배구조 관련 제도와 그 변화에 관한 고찰 -한국과 일본의 비교를 중심으로-

  • Sin, Dong-Ryeong
    • The Korean Journal of Financial Studies
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    • v.9 no.1
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    • pp.37-67
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    • 2003
  • 현재 기업지배구조의 개선은 OECD 및 세계은행, CalPERS 등의 국제기관투자자는 물론이고 각국정부의 주요 과제로 등장하고 있다. 한국의 경우 기업지배구조의 개선이 핵심적인 경제이슈로 부각된 것은 1997년말에 닥친 외환위기와 극심한 불황을 당하고 나서라고 할 수 있다. 그후 외환위기의 극복과정에서 기업지배구조 모범규준 제정, 이사회 및 감사기구의 강화, 소수주주의 권한 강화, 기관투자자(외국인투자자 포함) 및 시민단체의 활동강화, 기업지배권 시장의 활성화 등 주로 정부주도에 의한 제도변화가 급속하게 도입 시행되었다. 일본의 경우에는 기업지배구조 개선에 대한 공식적인 논의는 한국보다 앞섰으나 제도의 도입과 실행은 한국에 비하여 상당히 늦었다. 2001년 12월의 상법개정에서 감사역의 독립성 강화, 사외감사역 제도의 충실화, 취체역의 책임경감, 주주대표 소송의 합리화 등 비교적 큰 폭의 제도개선이 이루어졌다. 그러나 사외이사를 중심으로 하는 미국식 이사회 제도의 채택은 향후의 개혁방향에 포함되어 있다.

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