• 제목/요약/키워드: Choice of Law

검색결과 151건 처리시간 0.027초

Active feedback control for cable vibrations

  • Ubertini, Filippo
    • Smart Structures and Systems
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    • 제4권4호
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    • pp.407-428
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    • 2008
  • The nonlinear mechanics of cable vibration is caught either by analytical or numerical models. Nevertheless, the choice of the most appropriate method, in consideration of the problem under study, is not straightforward. A feedback control policy might even enhance the complexity of the system. Thus, in order to design a suitable controller, different approaches are here adopted. Devices mounted transversely to the cable in the two directions, close to one of its ends, supply the feedback control action based on the observation of the response in a few points. The low order terms of the control law are, at first, analyzed in the framework of linear models. Explicit analytic solutions are derived for this purpose. The effectiveness of high order terms in the control law is then explored by means of a finite element model(FEM), which accounts for high order harmonics. A suitably dimensional analytical Galerkin model is finally derived, to investigate the effectiveness of the proposed control strategy, when applied to a physical model.

건설중재에 있어서 선택적중재합의의 유효성에 관한 연구 (A Study on the Validity of the Selective Arbitration Clause on Construction Arbitration)

  • 서정일
    • 무역상무연구
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    • 제25권
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    • pp.165-187
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    • 2005
  • Arbitration is a creature of contract. The parties agree that selective dispute resolution clause provides them with a choice to litigate or arbitrate certain disputes. Under the agreements, the parties had the option in the action. In the event any dispute arises between the parties concerning our representation or payment of our fees and disbursements which cannot be promptly resolved to our mutual satisfaction, you agree that dispute will be submitted to arbitration. Arbitration is a matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit. The selective arbitration agreement has become an accepted method of dispute resolution. However, the trend of dispute settlement has changed. The selective arbitrations clauses are to be construed as broadly as possible, and arbitration will be compelled unless it may be said with positive assurance that arbitration clause is not susceptible of an interpretation that covers the asserted dispute.

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Incoterms(R) 2010상 수출입 당사자의 보안관련 의무에 관한 연구 (A Study on the Security related Obligations of Contracting Party under the Incoterms(R) 2010 Rules)

  • 양정호
    • 무역상무연구
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    • 제54권
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    • pp.45-80
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    • 2012
  • Since the 9.11 terror attack, the event which caused supply chain disruption, supply chain security has become more important than ever before. With this as a momentum, a customs supply chain security paradigm emerged intended to guarantee secure flow of cargo across boarder. Under this circumstances Incoterms(R) 2010 rules have allocated obligations between the buyer and seller to obtain or to render assistances in obtaining security clearances. Thus, security related obligations such as providing advance manifest information is the mandatory requirements for any export and import. The impact on the seller and buyer of security related obligations under the Incoterms(R) 2010 rules environment is obvious. Assistance to provide the security information in advance has become indispensable obligations to the seller and buyer. As such assistances is at the cost and risk of the party responsible for the clearances of the goods, the choice of recognised partner and compliance with the relevant security program, in order to enjoy the relevant benefits, becomes paramount.

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한국 다국적기업의 해외진출에 대한 지분선택 : 현지합작 대비 단독투자 (The Choice between Shared vs. Full Ownership : The Case of Korean Multinational Corporations)

  • 박영규;박영렬
    • 무역상무연구
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    • 제24권
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    • pp.107-125
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    • 2004
  • This study is based on the survey data of 74 Korean multinational corporations, which undertook foreign direct investments from 1980 to 1996. The study examined the firm-specific as well as the host country-specific factors affecting the decision between shared and full ownership. According to the results of this study, as for the firm-specific factors, Korean firms entering foreign markets in order to penetrate local markets prefer shared ownership while those pursuing core business diversification prefer full ownership. As for the host country factors, the more advanced the host country(such as OECD countries) is, the more preference is given to full ownership.

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스탠드바이 신용장(信用狀)의 준거법(準據法)으로서의 UCP 500과 ISP98의 비교연구(比較硏究) (A Comparative Study on UCP 500 and ISP98 as the Governing Law for Standby Letters of Credit)

  • 박석재
    • 무역상무연구
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    • 제20권
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    • pp.295-315
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    • 2003
  • Since the end of World War II, the standby letters of credit have been used as a surety device, serving as a performance bond and guarantee in the world. UCP has been used a governing rule for standby letters of credit transactions in international commercial transactions. But the UCP may be sufficient for certain simple standbys, it is not fully applicable nor appropriate for standbys - as is recognized in UCP 500 Article 1. On the other hand, the International Standby Practices(ISP98) provide rules of practice drafted specifically for standby letters of credit intended as an alternative to UCP 500. It became effective on January 1, 1999. In addition to restating general rules applicable to all independent undertakings with greater precision than does UCP 500, thereby reducing the possibility of litigation, it addresses issues that commonly arise in standby practice not addressed in UCP 500. UCP 500 is valid and still applies to standby letter of credit "to the extent to which they may be applicable." Since ISP98 and UCP 500 coexist and may be applicable to standby letters of credit by incorporation, applicants, beneficiaries and issuers have a choice. This study will assist all interested parties in establishing the right rules for the right product, for the right standby letters of credit.

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Time-to-go 다항식 유도 법칙의 표적 가관측성 분석 (Target Observability Analysis of Time-to-go Polynomial Guidance Law)

  • 이창훈;김태훈;탁민제
    • 한국항공우주학회지
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    • 제38권7호
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    • pp.664-672
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    • 2010
  • 본 논문은 표적의 방향 정보만을 측정할 경우 $t_{go}$-다항식 유도법칙의 표적 가관측성 분석을 다룬다. 본 연구에서는 직접적인 방법으로 표적의 가관측성을 분석한다. 등속도 표적에 대해 가관측성을 갖기 위한 조건들이 시선각의 함수로만 주어지기 때문에, $t_{go}$-다항식 유도법칙을 적용 했을 때 시선각의 닫힌 해를 도출하고, 이 닫힌 해를 가관측성 조건에 직접 대입하므로, $t_{go}$-다항식 유도법칙의 표적 가관측성 특성을 해석한다. 표적의 가관측성은 유도법칙의 유도이득, 초기 유도 조건과 유도명령의 형상에 따라 달라진다. 최종적으로 시뮬레이션을 통해 $t_{go}$-다항식 유도법칙의 표적 가관측성을 검증한다.

낙태죄 허용한계에 관한 규범해석과 사회인식도 (The Study on Legal Analysis of the Abortion Regulations and National Survey)

  • 이인영
    • 의료법학
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    • 제8권2호
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    • pp.205-290
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    • 2007
  • In Korea, abortion in the Criminal Law is an illegal act in exception of limited cases stated in the Mother and the Child Health Law. There are grounds on which abortion may be carried out - though the grounds are very limited and related such as emergency situation of woman's physical health, rape, incest and genetic diseases. The Criminal Law regulates the mother's act of abortion and the doctor's surgical performance of abortion. The Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. Many people tend to abuse of abortion even though they are fully aware of its illegality. The law lead to be inconsistent with its enforcement. In this paper, I would like to suggest some proposals about the legal analysis of the Abortion Regulations to reform the existing regulations and increase the effectiveness of the regulations. A national survey was carried out using telephone interview with Korean citizens from August 1th to August 31th in 2005. A total of 1,025 citizens (male: female = 49.2%:50.8%) were randomly sampled in proportion to the number of population of 17 regions. The major findings of this survey were as follows. First, 91.4% of the respondents approved of abortion based on the medical grounds. Second 83.3% of the respondents perceived that abortion may be carried out based on ethical grounds for example rape. Third, 74.3% were agreed to abortion based on genetic diseases. Forth, 64.7% were approved the abortion that unmarried woman may be carried out. In contrast 45.0% were approved the abortion that girls may be carried out, whereas 46.4% were perceived that the abortion may not be permitted. Fifth, 58.3% were disagreed the permission of abortion based on social and economic grounds. According to the survey Korean citizens seem to have positive perception on the abortion that may be carried out based on medical, ethical and genetic grounds. Whereas they worried about the abortion based on social and economic grounds. Now the Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. But this law does not include social and economic grounds. In cases of when the mother has a impossibility to breed her child because of her social situations and financial conditions, we should accepted the legal acceptance of abortion due to social and economic grounds.

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산모들의 산후조리원 이용에 영향을 미치는 요인 (Factors that Affect the choice of the Utilization of Sanhujoriwon among the Postpartal Women)

  • 김주형;송주은;유재은;이유미;한미경;김소연;홍기선;이윤정;오진
    • 여성건강간호학회지
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    • 제7권1호
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    • pp.56-66
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    • 2001
  • This study examines the factors that are associated with the choice of the Sanhujoriwon utilization among the Korean postpartal women. Data were collected from 140 postpartal women in 9 hospitals around Seoul. Data were analyzed based on descriptive statistics and chi-square test. The results were as follows: 1. Forty percent of the respondents chose to go to a Sanhujoriwon while they were in a hospital after having given birth to a child. 2. The number of persons who could help a respondent beside her husband showed a statistically significant association with the choice of the Sanhujoriwon utilization. In addition, burden from multiple roles expected after the birth was positively associated with the choice of the Sanhujoriwon utilization. Recommendations by husbands or friends to use the Sanhujoriwon also increased the proportion of the choice of the Sanhujoriwon utilization. 3. Knowledge about the Sanhujoriwon appeared to be an important factor. Having heard about the Sanhujoriwon, an appropriateness of the price, and a positive image of the Sanhujoriwon were positively associated with the choice of the Sanhujoriwon utilization. It was expected that the degree of depressive symptoms and confidence of raising a newborn baby would affect the Sanhujoriwon utilization. This was not the case in this study. Intimacy developed between the postpartal women, their husbands and their relatives as well as parents in-law did not show a statistically significant relationship to the choice of the utilization. Implication of these findings and major findings of this study were discussed.

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外國宗教(法人)在臺行為之準據法適用初探: 以設立與起始發展為研究核心 (A Probe into the Laws Applicable to Foreign Religious Actions and the Actions of Foreign Religious Legal Persons : Observations Regarding Establishment and Initial Development in Taiwan)

  • 蔡佩芬
    • 대순사상논총
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    • 제34집
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    • pp.203-238
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    • 2020
  • 外國宗教或外國宗教法人到臺灣發展可能會遇到的法律風險以及該如何控管, 本文先以外國宗教到臺灣發展的可能性做法, 該法律規範, 類型, 流程, 注意事項…等作為本文撰寫之目的, 以便外國宗教一開始來臺灣發展時, 可以選擇適合自己的方式參考進行之。外國宗教若欲來臺發展, 其發展方式可能有幾種方法可以遵循 : 1. 宗教人士個別在臺傳教 2. 宗教團體在臺傳教, 樣態可為幾種 : 1) 以寺廟(或有宗教稱為「靈臺」)型態呈現。2) 以人民團體 (非法人宗教團體) 方式呈現。3) 未辦理登記寺廟(或有宗教稱為「靈臺 」) : 係事實上已存在之募建寺廟(或有宗教稱為「靈臺」)建築物, 因未符合辦理寺廟(或有宗教稱為「靈臺」)登記規定者, 而依據『未辦理登記寺廟(或有宗教稱為「靈臺」)補辦登記作業要點』要點所稱之未辦理登記寺廟(或有宗教稱為「靈臺」)。3. 非屬前者之具有辦事處及獨立之財產與宗教目的, 但未經政府立案或未經登記為寺廟(或有宗教稱為「靈臺」)者 (非法人宗教團體)。4. 在臺設立研究中心 : 外國宗教在外國已經設立財團宗教法人時, 來到臺灣設立分部, 得以研究中心的形態出現。5. 在臺設立法人 : 區分為「學校法人」, 「宗教社團法人」與「宗教財團法人」。以上各種類型各有不同對應的設立準據法適用依據, 本文將介紹各該準據法內容, 並介紹重要內容, 例如有關經費的部分, 對於績優宗教團體設有獎勵規範, 宗教團體申請外籍人士來臺研修教義的要點規範, 如為外文文件, 並應備具中文譯本等規定。外國宗教在臺發展因有涉外因素, 涉外民事法律適用法為我國選擇法規適用的母法, 該外國法人之屬人法事項依據涉外法規定, 係參考1979年泛美商業公司之法律衝突公約第2條及義大利國際私法第25條第1項等立法例之精神, 均採法人之設立準據法主義, 明定所有法人均以其所據以設立之法律為其本國法, 故外國宗教法人在臺之法律問題涉及到屬人法事項時, 係以其據以設立之法律為其本國法, 而外國法人之下列內部事項, 亦是依其本國法為準據法。

국제상사계약(國際商事契約)에서 중재조항(仲裁條項) 삽입시 중재기관 선택에 따른 고려사항 (A Study on Consideration factors for Selection of Institution, When Arbitration Clause Inserted in International Commercial Contracts)

  • 오원석;정희진
    • 무역상무연구
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    • 제55권
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    • pp.63-93
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    • 2012
  • The purpose of this paper is to examine the consideration factors, from both parties' perspective, to select the most appropriate arbitral institution when they inset an arbitration clause in their contract. Accordingly, the author analyzed the advantages of institutional arbitration compared to non-institutional arbitration. The typical advantages of institutional arbitration would include: $\bullet$ Benefits of using an established set of rules $\bullet$ Services provided by the institution $\bullet$ Low risks of obstruction $\bullet$ Enhancement of the possibilities of enforcement $\bullet$ Forecast of the estimated cost $\bullet$ Specially useful for existing disputes Next, this author examined the consideration factors when selecting the institution in respect of the following factors: $\bullet$ Institution's arbitration rules $\bullet$ Institution's rule regarding the appointment of arbitrators $\bullet$ Ability of administrators of each institution $\bullet$ Reputation of the arbitral institution and the likability of enforceability of its award $\bullet$ Cost $\bullet$ Choice of the arbitral institution in relation to the choice of place of arbitration Finally, this author reviewed Model Arbitration Clause of major international or local Institutions, including ICC, AAA, LCIA, KCAB, CIETAC, ICSID and WIPO. Further examination was given to the selection of the numbers of the arbitral tribunal, the seat of arbitration and the language of arbitration, according to the designated articles in each institution's arbitration rules.

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