• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.71-91
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• 2002

The purpose of this paper is to examine the viewpoints of the different legal systems for the validity of LD Clause and the possibility of gap-filling function of UNIDROIT Principles in International Sales Contract. The results of comparative study between common law system and civil law system, and between CISG and UNCDROIT Principles is as follows: First, common law system distinguishes LD Clause and Penalty Clause, but civil law system including Korean law does not strictly distinguish the difference between them, provided that the liquidated damages are not grossly excessive. Second, CISG does not concerned with the validity of LD Clause but entrust this matter to the law applicable by virtue of the rules of private international law; conversely the Principles follow similar position of civil law system. The possibility of gap-filling of the Principles is more positive in the case of arbitration than in the case of litigation. On the basis of above study, I also checked the LD Clauses of ICC Model International Sales and the Model Contracts of Korean Commercial Arbitration Board. The LD Clauses of there two Model Contract seem very appropriate and reasonable for the reference in practical application. The appropriate, not excessive, LD Clause will contribute not only to eliminate the burden of proof for the actual damages, but also to enforce both parties to perform their obligations in their contracts. Therefore, When we make contract, we should keep in our mind to insert the reasonable and appropriate LD Clause in the sales contract. If not, so to speak, litigated damages are grossly excessive, the Clause may be invalid in some legal system.

• The Korean Journal of Air & Space Law and Policy
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• v.17
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• pp.133-152
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• 2003

Certification by Civil Aviation Law is necessary for aircraft parts and appliances as well as aircraft, engines, and propellers to ensure safety and reliability in operation. Advanced countries in aerospace industry as like U.S.A require Parts Manufacturer Approval for aircraft parts and Technical Standard Order Authorization for designated appliances. However, there are no legal requirements for certification of aircraft parts and appliances in Korea until now. This study presents the draft to revise Civil Aviation Law, which is applicable to set up domestic certification system and maintain it equivalent to U.S. Federal Aviation Regulation.

• Journal of the Korean Institute of Landscape Architecture
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• v.28 no.6
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• pp.96-105
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• 2001

The purpose of this study is to establish landscape planning, and to find out to administrative system and improvement way on landscape plan in Korea. We have sought for research trend and the concept of landscape planning related to the landscape planning through the investigation of books and documents, and have analyzed the characteristics on the law for landscape plan in United State of America, United Kingdom,, France, Germany, Japan and Korea. As the results of this study are as follows; 1) A state developing local self-governing body as United State of America, United Kingdom and Germany carried out individually landscape plan. Especially, it raises clarity of administration to fix residents participation(Nonprofit Organization : NPO) and secures responsibility. 2) A state of centralized authoritarian rule as France and Japan applies common law to the nationwide but commission's concrete management or conference. 3) And so in Korea and applicable landscape plan was made on the basis of town-planning law and managed with ordinances for landscape. In here the important thing is division of role of central and local government and residents. This study proposes the system of planning and analyzed the related laws for the landscape formation and management. The future research on the character of the local areas, providing many chances with people in the community through publicity activities, and rearing the expert group on this matter should be made in the future.

• International Journal of Aeronautical and Space Sciences
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• v.8 no.1
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• pp.46-53
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• 2007

In this paper, a guidance law for vision-based automatic landing of unmanned aerial vehicles (UAVs) is proposed. Automatic landing is a challenging but crucial capability for UAVs to achieve a fully autonomous flight. In an autonomous landing maneuver of UAVs, the decision of where to landing and the generation of guidance command to achieve a successful landing are very significant problem. This paper is focused on the design of guidance law applicable to automatic landing problem of fixed-wing UAV and rotary-wing UAV, simultaneously. The proposed guidance law generates acceleration command as a control input which derived from a specified time-to-go ($t_go$) polynomial function. The coefficient of $t_go$-polynomial function are determined to satisfy some terminal constraints. Nonlinear simulation results using a fixed-wing and rotary-wing UAV models are presented.

• Journal of the Korean Society for Aeronautical & Space Sciences
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• v.30 no.5
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• pp.41-47
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• 2002

In this paper, a guidance law applicable to aircraft automatic landing is proposed and its performance is compared with the conventional ILS-type landing approach. The concept of miss distance, which is commonly used in the missile guidance laws, and Lyapunov stability are effectively combined to obtain the landing guidance law. The new landing guidance law is integrated into the existing controller and is applied to the landing approach and flare phases of landing procedure. Numerical simulation results show that the new landing guidance law is a viable alternative to the conventional strategies that directly control the longitudinal deviation or altitude.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.129-146
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• 2002

The electronic technology development have occurred in the face of existing legal barriers to legal efficacy of computer information goods, and the liberating promise of electronic transactions cannot fully realized unless there is predictability in the legal rules that govern such transactions. This study analyzes some theoretical fundamentals of the Act. First, it proposes that the Act clarify and set forth uniform legal principles applicable to computer information transactions. Secondly, it suggests that if the individual is risk averse, the acceptance set for electronic transactions will be a convex set, and that the application of the Act will make the acceptance set more expanded by lowering the probability of conflicts and by downsizing the risk averness. Thirdly, it also suggest that through the mothod of contingent commodities analysis, the application of the Act by means of its restricted regulations will give more expected utility than the absence of the Act. Fourthly, it derives some implications that the degree of legitimate restriction will be affected by the objective risk inherent to the electronic transactions, and the individual's subjective risk-averseness. Finally, it concludes that harmonization of restriction and protection of individual's rights in electronic transaction process will be a necessary condition for more efficient body of law from the law-economic perspectives.

• Computers and Concrete
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• v.3 no.4
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• pp.249-260
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• 2006

Self-consolidating concrete (SCC) in the fresh state is known for its excellent deformability, high resistance to segregation, and use, without applying vibration, in congested reinforced concrete structures characterized by difficult casting conditions. Such a concrete can be obtained by incorporating either mineral or chemical admixtures. This paper presents the results of an investigation to asses the applicability of Abram's law in predicting the compressive strength of SCC to any given age. Abram's law is based on the assumption that the strength of concrete with a specific type of aggregate at given age cured at a prescribed temperature depends primarily on the water-to-cement ratio (W/C). It is doubtful that such W/C law is applicable to concrete mixes with mineral or chemical admixtures as is the case for SCC where water to binder ratio (W/B) is used instead of W/C as the basis for mix design. Strength data of various types of SCC mixtures is collected from different sources to check the performance of Abram's law. An attempt has been made to generalize Abram's law by using various optimization methodologies on collected strength data of various SCC mixtures. A set of generalized equations is developed for the prediction of SCC strength at various ages. The performance of generalized equations is found better than original Abram's equations.

• Korea Trade Review
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• v.44 no.6
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• pp.1-21
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• 2019

In the case of a sea transport contract, the decision of the governing law, together with the choice of lex fori, shall be a legal issue in all legal disputes involving damage to the goods. In sea transport contracts, a paramount clause is often established in conjunction with the governing law clause, which can lead to conflict between these two clauses. Most B/L's back clauses contain a paramount clause that provides that the Hague Rules, Hague-Visby Rules, or foreign laws that prevail over other provisions of the terms. The Hague Rules and the Hague-Visby Rules, however, set different standards regarding the extent of the sea carrier's liability. Therefore, in the interpretation of ground conditions, it is an important question whether the Hague Rules or the Hague-Visby Rules are applied or whether each rule is applied as a law. For example, the paramount clause in the Superior Pescadores case was problematic in the interpretation of the term 'Hague Rules.' In this case, the English Court held that the expression 'Hague Rules' could be used to mean the Hague-Visby Rules, and not exclusively the Hague Rules. Therefore, the Hague-Visby Rules were applied in the judgment of this case, which suggests that this case can be a valuable precedent in future legal matters.

• Journal of Arbitration Studies
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• v.23 no.3
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• pp.81-99
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• 2013

One of the most defining characteristics of arbitration is that an arbitral tribunal's jurisdiction is established by parties' mutual agreement. If a party to the arbitral proceedings believes that a tribunal constituted lacks jurisdiction to conduct the arbitral proceedings, it may challenge the jurisdiction of the tribunal in different ways. Although the concept of kompetenz-kompetenz and the grounds to challenge the Tribunal's jurisdiction are readily accepted in the arbitration community, what parties often fail to observe is the time limit imposed by the relevant laws in bringing such objections. This article aims to examine several main ways of challenging the tribunal's jurisdiction and the applicable time limits in each scenario. The article will then focus on the consequences of a party's failure to adhere to the strict time limits and its effect at the post-award stage. These issues will be considered in the light of case law from different Model law jurisdictions with particular illustrations from the arbitration law of Singapore.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.45
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• pp.3-31
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• 2010

The passing of property in goods affects contractual rights and duties. It is the point on which depend issues as diverse as the seller's entitlement to sue for the price and the incidence of risk of loss of casualty to the goods. The passing of property may also have an incidental effect on the remedies of the parties, including specific performance. But Incoterms do not deal with how the goods should reach the agreed point of delivery. While Incoterms specifically deal with questions of division of risk of loss of or damage to the goods between seller and buyer, they do not deal with property or transfer of title of the goods. Indeed, it was not even possible to agree on uniform rules on these questions in the CISG. Therefore, the parties to a contract of sale should provide for these matters themselves in the contract of sale and closely observe what the applicable law requires for the transfer of ownership to the goods and other property rights.