• Proceedings of the Korea Water Resources Association Conference
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• 2005.09a
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• pp.751-752
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• 2005

• Journal of the Korea Institute of Information Security & Cryptology
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• v.27 no.1
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• pp.129-145
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• 2017

This study proposes a methodology to estimate the financial damages by personal information breach of a company and to analyse risk systematically through a case study of a company which experiences private information breach. Using FAIR(Factor Analysis of Information Risk) model, estimate the loss amount and to analyse risk objectively of a company by personal information breach. This study estimates adequacy and importance of corresponding factors applying AHP(Analytic Hierarchy Process) on each factors for assessing loss amount. By adopting proposed methodology in this study, the person in charge of actual work can assess and prove the loss amount though the latest risk estimation methodology. In addition, the person in charge can select the proper parameters for the corresponding company and can obtain the objective quantitative estimation. Hence it can be reported to the management by accurately assessing loss amount caused by personal information breach.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.187-210
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• 2011

International transactions have the threat of non-payment by the buyer or non-performance by the seller. Parties tend to search for additional means of securing performance and payment beyond the mere agreement in the contract. Such security may be achieved by means of a letter of credit. When contracting parties have agreed to pay by means of a letter of credit, the buyer's bank takes upon itself the obligation to pay the purchase price when the seller tenders the documents that are stipulated in the letter of credit. The documents must comply strictly with the terms of the credit.. The documents play a crucial role in letter of credit transaction. The principles of abstraction, separability and strict compliance governing the letter of credit transaction are considered. The concept of fundamental breach of Article 25 CISG was discussed. This article examines whether a failure to deliver documents conforming to the terms of the letter of credit can constitute a fundamental breach of the sales contract as defined by Article 25 of the CISG by the seller and thereby enable the buyer to avoid the contract. For letter of credit transactions it should be accepted that the delivery of non-performing documents constitutes a fundamental breach, if the result of this breach is that the bank refuses to pay the price for the goods. On the other hand, in the interpretation of Article 25 CISG, it should be noted that if the parties have agreed to payment by means of a letter of credit, they have simultaneously agreed to apply the strict compliance principle to the delivery of documents in the sales contract. Finally the parties should ensure that inconsistency between the requirements under the documentary credit and the requirements under the contract of sale is avoided, since the buyer may be in breach of his payment obligation if the seller cannot get paid under the documentary credit when his documents conform with the contract of sale.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.3-29
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• 2009

The PECL have been drawn up by an independent body of experts from each member state of the european union under a project supported by the european commission and many other organizations. Salient features of the general provisions of the PECL, freedom of contract and pecta sunk servanda, good faith and fair dealing, most of the PECL are non-mandatory. The CISG uses the term fundamental breach in various setting. The concept of fundamental breach is a milestone in its remedial provisions. Its most important role is that it constitutes the usual precondition for the contract to be avoided(Art. 49., Art. 51., Art. 64., Art. 72., Art. 73). In addition, where the goods do not conform with the contract, a fundamental breach can give rise to a requirement to deliver substitute goods. Furthermore, a fundamental breach of contract by the seller leaves the buyer with all of his remedies intact, despite the risk having passed to him(Art. 70). Basically, PECL, PICC generally follows CISG, it was similar to all the regulation's platform though the terms and content sometimes differ. For example regarding to the non-performance and remedies, in the case of non-performance, that is the PECL/PICC term analogous to breach of contract as used in the CISG. Furthermore the PECL/PICC used fundamental non-performance refered to in PECL Art. 8:103 ; PICC Art. 7.1.1. correspond generally to the concept of fundamental breach referred to in CISG Art. 25. The main significance of the fundamental non-performance, in any systems, is to empower the aggrieved party to terminate the contract. The need for uniformity and harmony in international commercial contracts can be expected to lead to growth of international commerce subject to the CISG, PICC, and PECL. It is hoped that the present editorial remarks will provide guidance to improve understanding between the contractual party of different countries in this respect and following key-words.

• Journal of Korean Neurosurgical Society
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• v.56 no.4
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• pp.330-333
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• 2014

Objective : To identify the accuracy and efficiency of the computed tomographic (CT)-based navigation system on upper cervical instrumentation, particularly C1 lateral mass and C2 pedicle screw fixation compared to previous reports. Methods : Between May 2005 and March 2014, 25 patients underwent upper cervical instrumentation via a CT-based navigation system. Seven patients were excluded, while 18 patients were involved. There were 13 males and five females; resulting in four degenerative cervical diseases and 14 trauma cases. A CT-based navigation system and lateral fluoroscopy were used during the screw instrumentation procedure. Among the 58 screws inserted as C1-2 screws fixation, their precise positions were evaluated by postoperative CT scans and classified into three categories : in-pedicle, non-critical breach, and critical breach. Results : Postoperatively, the precise positions of the C1-2 screws fixation were 81.1% (47/58), and 8.6% (5/58) were of non-critical breach, while 10.3% (6/58) were of critical breach. Most (5/6, 83.3%) of the critical breaches and all of non-critical breaches were observed in the C2 pedicle screws and there was only one case of a critical breach among the C1 lateral mass screws. There were three complications (two vertebral artery occlusions and a deep wound infection), but no postoperative instrument-related neurological deteriorations were seen, even in the critical breach cases. Conclusion : Although CT-based navigation systems can result in a more precise procedure, there are still some problems at the upper cervical spine levels, where the anatomy is highly variable. Even though there were no catastrophic complications, more experience are needed for safer procedure.

• Journal of Korea Water Resources Association
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• v.42 no.7
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• pp.571-578
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• 2009

Levee-break Analysis model is developed to predict the variation of breach width according to time and to estimate inundation area and depth in protected lowland. This Model calculate flood depth using 4 point implicit finite difference method in river channel and analyze breach flow based on physical theory introducing soil transport equation and erosion process. Breach analysis model and channel flood model are combined into Levee-Break Model and this model is applied to actual levee break case. Then, this model can simulate reasonably many levee-break parameters such as river stage, breach width, breach formation and so on. If the applicability of this model is proved through applications to more various actual levee-break cases, the suggested model is expected to do more accurate flood analyses on levee break site.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.119-148
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• 2015

Generally, the liability for breach is defined as the civil liability that arises from the conduct of violation of a contract. There are two notable principles governing liability for breach that have fundamental impacts on the unified Contract Law of the People's Republic of China (hereinafter Chinese Contract Law) in the remedies. In China, during the drafting of the Contract Law, there was a great debate as to whether damages for breach of contract ought to follow the fault principle or to follow the strict liability principle. Ultimately the Chinese Contract Law follows the model of the CISG on this point, namely, it follows the strict liability principle (article 107) with an exemption cause of force majeure. Under Chinese Contract Law, it is interpreted as strict liability in principle. Strict Liability is a notion introduced into Chinese Contract Law from the Anglo-Saxon Law. The strict liability or no fault doctrine, on the contrary, allows a party to claim damages if the other party fails to fulfill his contractual obligations regardless of the fault of the failing party. Pursuant to the strict liability doctrine, if the performance of a contract is due, any non-performance will constitute a breach and the fault on the party in breach is irrelevant. This paper reviews problems of legal character or legal ground of contractual liability in Chinese contract law. Specifically, focusing on the interpretation of Chinese contract law sections and analysis of three cases related contractual liability in freight agency, the paper proposes some implications of structural features of Chinese contract law and international commercial transactions.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.291-319
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• 2004

The seller may take a warranty with respect to the goods. If they are not as warranted, they may be held liable for the breach of warranty. Even when they has not made a warranty, the law will in some instances hold them responsible as though they had made a warranty. An express warranty is a part the basis for the sale. That is, the buyer has purchased the goods on the reasonable assumption that they were as stated by the seller. When the buyer intends to use the goods for a particular or usual purpose, as contrasted with the ordinary use for which they are customarily sold, the seller makes an implied warranty that the goods will be fit for the purpose when the buyer relies on the seller's skill or judgment to select or furnish suitable goods, and when the seller at the time of contracting knows or has reason to know the buyer's particular purpose and his reliance on the seller's judgment. A merchant seller who makes a sale of goods in which he customarily deals makes an implied warranty of merchantability. The Uniform Commercial Code expressly abolishes the requirement a privies to a limited extent by permitting a suit for breach of warranty to be brought against the seller by members of the buyer's family, his household, and his guests, with respect to personal injury sustained by them. Apart from the express provision made by the Code, there is a conflict of authority as to whether privies of contract is required in other cases, with the trend being toward the abolition of that requirement. At common law the rule was that only the parties to a transaction had my rights relating to it. Accordingly, the buyer could sue his immediate seller for breach of warranties. The rule was stated in the terms that there could be no suit for breach of warranty unless there was a privies of contract. The code expressly abolishes the requirement of privies to a limited extent by permitting a suit for breach of warranty to be bought against the seller by members of the buyer. Apart from the express provision made by the Code, there is a conflict of authority as to whether privies of contract is required in other cases, with the trend being toward the abolition of that requirement.

• Journal of Digital Convergence
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• v.11 no.11
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• pp.1-13
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• 2013

Every big online security breach seems to end in a big lecture. Thus, although a predominant weakness in properly securing information assets is the individual user within an organization, much of the focus of extant security research is on technical issues. The purpose of this study is to explain why insiders breach security policy by applying the moral disengagement theory. There are no consistent, widely accepted theories or theoretical frameworks in the literatures as to why insiders breach of information security, and therefore no clear, effective guidance on what to do to prevent employees from violating information security policy in organization. To do this, we theorize that moral disengagement may play a mediating role connecting stable individual differences to intention to breach security policy, because of some of the individual differences. We found that policy awareness and perceived punishment have a negatively significant effect on moral disengagement. However, negative affectivity has a positively significant influence on moral disengagement. Furthermore, moral disengagement has a positive effect on intention to breach security policy. Conclusions and implications are discussed.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.21 no.5
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• pp.169-179
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• 2011

Recent personal data breach incidences draw the public's attention to their privacy and personal rights. The new personal data protection law effective in September 2009 imposes additional legal responsibility on personal data controllers and processors. For instance, if a data breach occurs, this new law requires that the processors must notify individuals (data subjects) and data protection authorities of the nature of incidents. This research reviews the U.S. forty six state laws and related acts, and offers a framework for managing incidents. This framework includes five major components: (1) type of personal data required to be reported and notified, (2) the ultimate subject notifying data subjects, (3) event occurrence and notification time phases, (4) notification message details, and (5) direct/indirect communication media. Along with this framework, we also offer directions for effective/manageable guidelines on data breach notification act.