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국제상사중재에 관한 UNCITRAL 모델법의 개정동향 (The Revision Trend of UNCITRAL Model Law on International Commercial Arbitration)

  • 이강빈
    • 한국중재학회지:중재연구
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    • 제16권3호
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    • pp.53-89
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    • 2006
  • At its thirty-second session(Vienna, 17 May-4 June 1999), the UNCITRAL decided that the priority items for the Working Group(Arbitration and Conciliation) should include enforceability of interim measures and the requirement of written (on for the arbitration agreement. The Working Group, at its forty-third session(Vienna, 3-7 October 2005), it had undertaken a detailed review of the text of the revised article 17 of UNCTTRAL Model Law on International Commercial Arbitration, and it had resumed discussions on a draft model legislative provision revising article 7, paragraph (2) of UNCITRAL Model Law. The purpose of this paper is to make research on the contents and issues of the draft legislative provisions on interim measures and preliminary orders, and on the form of arbitration agreement which the Working Group discussed and adopted at its forth-fourth session(New York, 23-27 January 2006). The draft legislative provisions on interim measures and preliminary orders are composed of the following provisions : Article 17-power of arbitral tribunal to order interim measures; article 17 bis-conditions for granting interim measures; article 17 ter-applications for preliminary orders and conditions for granting preliminary orders; article 17 quater-specific regime for preliminary orders; article 17 quinquies- modification, suspension, termination; article 17 sexies-provision of security; article 17 septies-disclosure; article 17 octies-costs and damages; article 17 novies recognition and enforcements; article 17 decies-grounds for refusing recognition or enforcement; article 17 undecies-court-ordered interim measures. There are the following issues in the draft legislative provisions on interim measures and preliminary orders : form of issuance of an interim measures in article 17(2); conditions for granting interim measures in article 17 bis; purpose, function and legal regime of preliminary orders in article 17 ter; obligation of arbitral tribunal to give notice, and non-enforceability of preliminary orders in article 17 quater; burden of proof, interplay between article 17 decies and article 34, and decision on the recognition and enforcement of the interim measures in article 17 decies; placement of article 17 undecies; amendment of scope exception of application in article 1(2). The draft legislative provisions on the form of arbitration agreement are composed of the following provisions : article 7(1) definition of arbitration agreement; article 7(2) arbitration agreement in writing; article 7(3) arbitration agreement if its terms(content) are (is) recorded in any form; article 7(4) arbitration agreement by an electronic communication; article 7(5) arbitration agreement in an exchange of statements of claim and defence; article 7(6) reference to any document containing an arbitration clause. There are the following issues in the draft legislative provisions on the form of arbitration agreement : arbitration agreement in writing in article 7(2); terms or contents of arbitration agreement in article 7(3); arbitration agreement by electronic communication in article 7(4); existence of arbitration agreement in article 7(5); reference to any document containing an arbitration clause in article 7(6); the alternative proposal on article 7; amendment to article 35(2).

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The Effect of Network Position on the Efficiency of Open Collaboration: A Study of Wikipedia Featured Article Edits

  • Naveed Khan;Jongwoo Kim;Hong Joo Lee
    • Asia pacific journal of information systems
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    • 제29권1호
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    • pp.50-64
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    • 2019
  • The success of Wikipedia is due to the large number of volunteers collaborating to provide content to Wikipedia articles. In this paper, we study the effect of network position on the promotion of an article to a featured article. We focus on the edits of featured Wikipedia articles to study the effects of the centrality of editors and centrality of articles on the promotion of featured articles. Considering the editing precedence among editors within an article, editor collaboration networks for a single article are generated using the total English-written featured articles on Wikipedia. In addition, based on the affiliation network of editors and articles, an article-to-article network and an editor-to-editor collaboration network are constructed. Based on the investigation of the networks, we find that article centrality in an article-to-article network has a negative effect on the promotion of an article, and editor centrality in an article-to-article networks has a positive effect on promotion. In addition, editor centrality in an editor-to-editor network has a negative effect on promotion. Some theoretical and managerial implications are provided in view of these results.

국제물품매매계약에 관한 UN협약(CISG)상 손해배상액 산정기준의 해석과 적용 (A Study on the Legal Assessment and Cases of Damages under CISG)

  • 심종석
    • 무역상무연구
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    • 제55권
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    • pp.3-32
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    • 2012
  • CISG article 74 establishes the general formula applicable in all cases where an aggrieved party is entitled to recover damages. It provides that damages for breach of contract comprise all losses, including loss of profits, caused by the breach, to the extent that these losses were foreseeable by the breaching party at the time the contract was concluded. An aggrieved party may claim under article 74 even if entitled to claim under article 75 or 76. The latter articles explicitly provide that an aggrieved party may recover additional damages under article 74. Articles 75 and 76 apply only in cases where the contract has been avoided. Article 75 measures damages concretely by reference to the price in a substitute transactions, while article 76 measures damages abstractly by reference to the current market price. Article 76 (1) provides that an aggrieved party may not calculate damages under article 76 if it has concluded a substitute transaction under article 75. If however, an aggrieved party concludes a substitute transaction for less than the contract quantity, both articles 75 and 76 may apply. Pursuant to article 77, damages recoverable under articles 74, 75 or 76 are reduced if it is established that the aggrieved party failed to mitigate losses. The reduction is the amount by which the loss should have been mitigated. Article 78 entitles a party to interest on the price and any other sum that is in arrears.

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『상한론』 제 39조에 대한 문헌적 연구 (A Documentary Study on Article 39 of Shanghanlun)

  • 김준기
    • 동의생리병리학회지
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    • 제16권1호
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    • pp.45-51
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    • 2002
  • This paper deals with the documentary study on article 39 of Shanghanlun(傷寒論). It has been reported that symptom of Daqinglong-tang(大靑龍湯) of article 39 of Shanghanlun is caused by the following four factors: 1) the additional evidence of article 38 2) the transformation into heat-syndrome of cold evil 3) the chronic and less acute process of Taiyangshanghan(太陽傷寒) 4) a kind of anasarca coming from an evil of wind-warm. After studying and comparing the above artide with the article of Daqinglong-tang of Jinguiyaolue, I found that symptom of Daqinglong-tang of article 39 is anasarca.

미국통일상법전(美國統一商法典) 제(第)5-109조(條)에 대한 일고찰(一考察) (A Study on Uniform Commercial Code Article 5-109)

  • 김순자
    • 무역상무연구
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    • 제13권
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    • pp.537-561
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    • 2000
  • In these days, there are various types of fraud in L/C transaction. But we has no article on fraud in the UCP. So the matter of fraud has been depended on the judgement of court of each country. But the judgements are different in each case. These cause the difficulties in practice. To solve this problem, it is desirable to insert the relative article in the UCP. I considered the article 5-109 of UCC for pre-study on this matter. But the article 5-109 of UCC has some problems. To arrange the relative article on fraud in the UCP, we have to consider more severely on article 5-109 of UCC. Especially, it should be studied on cases in practice. This is left for next study.

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기사데이터베이스의 분류항목과 데이터표시형식에 관한 비교분석 (Analysis on classification item and data display format of newspaper article database)

  • 한상길
    • 한국도서관정보학회지
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    • 제23권
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    • pp.329-362
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    • 1995
  • Newspaper Article Information is an important source of information on social phenomenon with historical value. The development of computer and technology of information communication enables the construction of Newspaper Article Database by CTS and service through computer communication. It made it possible for the peoples to utilize the Newspaper Article Information easily. However, it is very difficult to utilize the currently prevailing system. There are differences in classification system of Newspaper Article Database and the Data Display Format. This survey aims to review the characteristics of Newspaper Article Database and current domestic computer communication service system. By comparing the classification system of Retrieval Menu and Data Display Format, I intended to suggest the standardized way of utilization which enables the users utilize them more easily and conveniently. The results of this survey is as follows : 1. More sub-divided distinction of classification item is required. 2. Separate classification item should be established for the distinction of article form which is very difficult to classify the subject. 3. Data Display Format should be equi n.0, pped with standardized format and signal which enables the users recognize it easily.

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공동주택관리법 하자담보책임 종료 확인 절차의 문제점 및 개선방안 (On the problem and improvements about 'End of Confirmation for Defect Liliability' on the Management of Apartment Houses Decree)

  • 김진국;방홍순;김옥규
    • 한국건축시공학회:학술대회논문집
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    • 한국건축시공학회 2017년도 춘계 학술논문 발표대회
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    • pp.274-275
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    • 2017
  • Decree on the Management of Apartment Houses. Article 36 (Liability for warranty Repair Defects), Article 37 (About Repair Defect, etc), and its implementing ordinances, Article 36 (Term of warranty liability) Article 37 (Defect criteria), Article 38 (procedure of Repair defect), Article 39 (type of warranty liability), Enforcement Rule Article 17 (Certifiation of warranty liability). On the basis of the upper Decree, In spite of Standard and forms of 'Completion of Repair Defect' was exist, it was hard to receive 'End of Confirmation' in practice. The purpose of this study is to propose basics in order that Practitioners can apply problems and improvements about Decree on the Management of Apartment Houses.

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일간지를 통해 본 주거환경문제의 연구 ( I ) - 동아일보 (1920년~1990년) 기사 유형의 변천 - (A Study of Housing Environment Problems through the Daily newspapers ( I ) - The Change of a type of the Dong-A daily papers (1920~1990) -)

  • 신경주
    • 한국주거학회논문집
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    • 제2권2호
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    • pp.41-53
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    • 1991
  • This study discussed the change of housing environmental problems from the early 1900s to the present.The reason is to find the solution of serious housing environment problems. The documentary research method was used for this study.Articles of content analysis(N= 1129)were published in 1920(the first edition)to December. 31, 1990 which were The Dong - A daily news article about housing environment. The main content of this study was examined the change, such as the number of whole article by time series and importance of article(column number of article), classification of article subject, and the number of article by subject. On the basis of this data, was made by chronological classification of the change of housing environment problems for 70 years. Since overall results will become supply of right information about housing environment to fur peoples, will provide the oppronment that oneself ran participate the protection of housing environment, and further will take a part solution of housing environment problems.At the future, I am going to design deep analysis of article content by subject.

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TPIPF로 계산된 이용자프로파일을 적용한 논문추천시스템에 대한 연구 (A Study on Scientific Article Recommendation System with User Profile Applying TPIPF)

  • 장령령;장우권
    • 정보관리학회지
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    • 제33권1호
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    • pp.317-336
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    • 2016
  • 오늘날 폭발적인 정보의 증가로 이용자들은 자신이 원하는 정보를 찾기 위해 엄청난 시간과 노력을 기울여야 한다. 이 문제를 해결하기 위하여 이용자의 정보요구를 분석하고 이용자에게 적합한 논문을 추천해주는 논문추천시스템이 등장하고 있다. 그러나 대부분의 논문추천시스템은 논문추천시스템의 핵심인 이용자 프로파일을 간과하고 있다. 따라서 이 연구는 논문추천시스템의 성능을 좌우하는 이용자 프로파일을 기존의 평균으로 계산하지 않고 새로운 TPIPF(Topic Proportion-Inverse Paper Frequency)로 계산하는 방법을 제안하였다. 제안된 방법과 기존의 방법을 모두 논문추천시스템에 적용하여 각각의 성능을 온라인 참고문헌 관리도구인 CiteULike에서 제공된 데이터 실험을 통하여 비교하였다. 그 결과 제안된 TPIPF 방법을 적용한 논문추천시스템의 성능이 더 높다는 것을 알 수 있었다.

주문형 전자신문 시스템에서 사용자 접근패턴을 이용한 기사 프리패칭 기법 (Article Data Prefetching Policy using User Access Patterns in News-On-demand System)

  • 김영주;최태욱
    • 한국정보처리학회논문지
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    • 제6권5호
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    • pp.1189-1202
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    • 1999
  • As compared with VOD data, NOD article data has the following characteristics: it is created at any time, has a short life cycle, is selected as not one article but several articles by a user, and has high access locality in time. Because of these intrinsic features, user access patterns of NOD article data are different from those of VOD. Thus, building NOD system using the existing techniques of VOD system leads to poor performance. In this paper, we analysis the log file of a currently running electronic newspaper, show that the popularity distribution of NOD articles is different from Zipf distribution of VOD data, and suggest a new popularity model of NOD article data MS-Zipf(Multi-Selection Zipf) distribution and its approximate solution. Also we present a life cycle model of NOD article data, which shows changes of popularity over time. Using this life cycle model, we develop LLBF (Largest Life-cycle Based Frequency) prefetching algorithm and analysis he performance by simulation. The developed LLBF algorithm supports the similar level in hit-ratio to the other prefetching algorithms such as LRU(Least Recently Used) etc, while decreasing the number of data replacement in article prefetching and reducing the overhead of the prefetching in system performance. Using the accurate user access patterns of NOD article data, we could analysis correctly the performance of NOD server system and develop the efficient policies in the implementation of NOD server system.

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