• Korea Trade Review
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• v.42 no.5
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• pp.19-42
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• 2017

Nowaday typically international commercial transaction, buyer and seller communicate with each other using standard forms. So called "the battle of forms" results from the exchanges of these forms. There are several problems that have to be solved in the battle of the forms. For example, Do the exchanges of the different terms form a contract? What are the contract terms? Which party's terms could apply? etc. Around the world, two basic types of rules are applied to solve the problem as to the battle of forms : last-shot rule and knock-out rule. In 2015, Hague Conference in Private International Law finally approved Hague Principles. The principles deal with the battle of the forms. Also in 2013, CISG Advisory Council adopted the "Black letter rules" to provide an effective way of resolving regarding the inclusion of standard terms under the CISG. This study would try to comprehensively review the battle of forms concerning Hague Principles and CISG. The aim of this study is to propose the most appropriate way to resolve the problem of the battle of forms both parties.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.61
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• pp.57-90
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• 2014

International sales contract, in general, is concluded through the exchange of written forms which contain each of their own business terms and conditions among the contractual parties. To illustrate, A sends the other an offer on A's general terms and conditions of business and B accepts the offer subject to the use of B's own general terms and conditions. Where the two sets of terms and conditions do not coincide, the question may arise whether the parties(A and B) have contracted and, if so, whose general terms and conditions apply. This situation is referred to as "the battle of forms". This article would try to make, in terms of the battle of forms, a comparison between the classical perspectives and opinions which are based on the principle of the English Common Law and the modernistic perspectives and opinions which are applied to the provisions in the UCC, CISG, and PICC. Therefore, the aim of this article is to provide the increase self-consciousness with respect to the battle of forms between the contractual parties that may frequently happen in the international business transactions and will pave the way for further research in the future.

• Journal of the Korean Society for Aeronautical & Space Sciences
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• v.37 no.1
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• pp.105-112
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• 2009

For the purpose of facing battle damage that a fighter is subject to in combat, following recovery procedures such as damage assessment, repair design and structural integrity evaluation are investigated. A sample study is presented on the battle damage of F-15 ECS bay, which is comprised of damage assessment and repair design based on ABDR(Aircraft Battle Damage Repair) skills and work procedure complying with AFTO(Air Force Technical Order) forms. Further, the flight safety of repaired structure is validated and the time the permanent repair should be done is estimated through the evaluation of structural integrity such as the calculation of static strength and fatigue life.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.5
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• pp.45-72
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• 1993

• Journal of the Korea Academia-Industrial cooperation Society
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• v.18 no.5
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• pp.200-210
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• 2017

This Research is focused on ancient battle formation basing on the layout drawing of Yijinchongbang (manuals of learning military formations) in a strategy book in the late Joseon dynasty. The research topic is the principles of organic composition of battle formation and battlefield operating system by reforming the basic model of ancient battle formation. The research method is comparative analysis by reforming the battlefield operating system of types of disposition such as Obangjindisposition(Bangnjin; battle formation, Jikjin; direct battle formation, Gokjin; bend battle formation, Wonjin; round battle formation, and Yejin; keen battle formation), and Hyunmoojindo; turtle battle formation, Paljindo; all-rounder battle formation, Yookhwajindo; six flowers battle formation, Gugunjindo; nine forms battle formation. From the study results, Standoff Bombing of the battle formation in the late Joseon Dynasty basically started out from magic battle formation, but was then transformed into square, rectangle, pentagon, and circle. Also, the battle array composition used a 5-linear structure and was composed of 5 systems of circulation such as rectangle, square, diagonal, curve, and circle. The research findings elucidate the battlefield of the Joseon dynasty by establishing the real battle formation, and thus have military and academic value in suggesting possible tactics that can be used by modern training of military.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.9
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• pp.137-152
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• 1996

• Journal of Korean Society of Industrial and Systems Engineering
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• v.46 no.4
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• pp.263-271
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• 2023

In the (3,3) close combat model based on the Lanchester Square Law, this study proposes a plan to optimally allocate residual combat power after the battle to other battlefields. As soon as the two camps of three units can grasp each other's information and predict the battle pattern immediately after the battle began, the Time Zero Allocation of Force (TZAF) scenario was used to initially allocate combat power to readjust the combat model. It reflects travel time, which is a "field friction" in which physical distance exists from battlefields that support combat power to battlefields that are supported. By developing existing studies that try to examine the effect of travel time on the battlefield through the combat model, this study forms a (3,3) combat model, which is a large number of minimum units. In order to achieve the combat purpose, the principle of optimal combat force operation is presented by examining the aspect that support combat power is allocated to the two battlefields and the consequent battle results. Through this, various scenarios were set in consideration of the travel time and the situation of the units, and differentiated results were obtained. Although the most traditional, it can be used as the basic logic of the training or the commander's decision-making system using the actual war game model.

• Journal of Digital Contents Society
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• v.7 no.4
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• pp.271-277
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• 2006

Recently, the mobile game market is growing due to the extension of mobile devices and internet. The mobile games are became a popular culture in society. But the existing mobile games have two simple forms. There are tow models in the mobile games. The first is as follows. The user downloads a game one time and play the game at off-line field. The second is as follows. The user play a battle game at on-line field. In the paper, we propose a new on-line "tug of war" game model which the user can play two kinds of game. They are the on-line battle mode game and the character raising mode game. Thus, this game model is different to existing mobile games and innovative model in mobile game market. This paper proposes a new research field in mobile game market with the characteristic that the user tan play two modes. One mode is the on-line tug of war battle mode and the other is the character raising mode.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.85-106
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• 1999

To the extent that CISG and UNIDROIT Principles address the same issues, the rules laid down in the latter are normally taken either literally or at least in substance from the corresponding provisions of the former. Nevertheless, we may find cases where the latter depart from the former. The purpose of this paper is comparison of the two instruments, especially in part of contract formation. The result of this paper shows the fact that in the chapter of UNIDROIT Principles on formation provisions are included on the manner in which requirements that an offer and an acceptance must meet are more comprehensive, and in result a contract may be concluded more easily.

• Korea Trade Review
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• v.42 no.1
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• pp.257-281
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• 2017

It becomes a common feature of business practices in International Trade to use a standard terms for the formation of their contracts. However, because of differences in legal systems, business practices and so on in their own countries, there have been many conflicts and disputes happening between parties concerned in International Trade. The CISG, which has long been used as the governing law in many cases of International Trade, could not be free from those conflicting issues in its usage and application. This study analyzes the "Black Letter Rules" which was adopted by CISG Advisory Council in 2013 to provide an effective way of resolving the conflicting issues regarding the inclusion of standard terms in International Trade Contracts under the CISG. This study scrutinizes, the relevant rules and requirements for the inclusion of standard terms into a contract. It also deals with the offeror's duty of making clear reference to the standard terms, transmitting the contents of standard terms to the other party. As the other rules for the inclusion of standard terms, this study reviews the principle of denying the inclusion of standard terms after the formation of contracts, exclusion of surprising or unusual terms, preference of individually negotiated terms to the standard terms, contra preferentum rule and preference of the "knock-out rule" to "last-shot rule" in resolving the issue of so called, "Battle of Forms." Lastly, on the basis of analyzed opinion, this study suggests the practical implications for the people working at International Trade-related business sector to facilitate International Trade.