• 무역상무연구
• /
• 제44권
• /
• pp.57-84
• /
• 2009

This Study attempts to compare and analyze on Principle of Change Circumstances under th CISG, PICC and PECL which are covered international commercial contract. In many international commercial contract, time is very important because delays in performance are sanctioned heavily by substantial penalty clauses. When change in circumstances affects contract performance, the contract will often not be suspended or terminated. Therefore, principle of change circumstances is being prepared of fluidity of contract environment and its effect in general. Taking into consideration the problems relating to the renegotiation or adaptation in the cases of radical change of circumstances where the CISG applies, it is suggested that the contracting parties should make clear their intentions, that is, whether they will provide for the possibility of renegotiation where the price of goods has been altered by inserting a hardship clause or for the possibility of mutual discharge from liability in the cases of economic impossibility or hardship by inserting a force majeure clause. Such provision will be desirable especially in situations where there is a long term contract, the price of goods sold tends to fluctuate in the international commerce, or where especially in contracts subjected to arbitration, the parties subject their contract to legal sources or principles of supranational character. Therefore, this study has shown that the hardship provisions in the CISG, PICC and PECL has similarities to each a validity defense and an excuse defense. it was provisions that CISG governs this issue in Article 79, PICC Article 6.2.1, 6.2.2, 6.2.3 and PECL Article 6.111.

• 벤처창업연구
• /
• 제2권2호
• /
• pp.23-47
• /
• 2007

본 연구는 금융기관을 중심으로 사원부정에 관한 자료를 수집하였다. 경남지역의 제1금융권 68건 및 제2금융권 87건과 서울 등 그 밖의 지역 46건 등 모두 201건을 표본을 확보하고 설문을 조사 분석하였다. 그 결과 금융기관에서 종사자들이 느끼는 금융사고의 인지 및 경험은 다양한 형태의 사원부정 형태 또는 사원부정 욕구들 가운데 편취, 부정대출, 금품수수의 형태로 조사되었으며, 이러한 금융사고의 인지 및 경험은 성별과 담당업무에 따라서 부정의 욕구를 느끼는 정도가 유의한 차이를 보였다. 주로 남성이 여성에 비해 금품수수의 욕구가 높은 것으로 조사되었으며, 경제사업 관련 업무 종사자들이 타 업무종사자에 비해 금품수수의 욕구를 보다 더 빈번하게 느끼는 것으로 조사되었다.

• Journal of Chest Surgery
• /
• 제55권4호
• /
• pp.307-312
• /
• 2022

Adverse events or emergency situations that are unacceptable in the context of lung transplantation may occur during the procedure. These adverse events and circumstances are not problems that are caused by insufficient experience or can be solved by increasing surgical experience. The purpose of this review is to describe the adverse events and circumstances that occur during lung transplantation and to identify an appropriate surgical approach through an analysis of case reports in the global literature.

• 동아시아식생활학회지
• /
• 제18권3호
• /
• pp.405-414
• /
• 2008

The purpose of this study was to understand the relationship between a chef's physical pain complaints and occupational circumstances. Cause-and-effect analysis of employees whose work was related to cooking was analyzed in relation to, - factor of cooking circumstances (kitchen condition, cooking operation, cooking allocation and distance of movement, cooking facilities) in order to ascertain possible links to physical pain. Cooking operations appeared to causes pain, especially in neck, shoulders, and legs. Cooking allocation and distance of movement, affected backache, eye-tiredness, and change of body-weight. Cooking space and facilities was related to, pain in waist, neck, shoulders, legs, arms, wrists, and back. Because cooking operations require extended concentrations and intensive effort, inappropriate occupational circumstances can lead to employees who usually suffer from accumulated.

• 무역상무연구
• /
• 제51권
• /
• pp.159-185
• /
• 2011

This paper is intended to discuss the controversial issue of the principles of change circumstances under the legal system of international commercial transactions. The principles of change circumstances, so called clausula rebus sic stantibus is the legal doctrine allowing for treaties to become inapplicable because of a fundamental change of circumstances. It is essentially an "escape clause" that makes an exception to the general rule of pacta sunt servanda (promises must be kept). The practical needs of international transactions differ from the established concepts of national contracts law. The purpose of this paper is to analyze the legal system and theories under the regimes of international commercial transactions such as the CISG, the PICC, and the PECL. Clausula rebus sic stantibus does not apply if the parties to a treaty had contemplated for the occurrence of the changed circumstance. It only relates to the changed circumstances that were never contemplated by the parties. This paper has shown that the hardship provisions in the CISG, PICC, PECL has similarities to each a validity defense and an excuse defense. it was provisions that CISG governs this issue in Article 79, PICC Article 6.2.1, 6.2.2, 6.2.3(in addition to Article 7.1.7), PECL Article 6.111(in addition to 8.108). It is time when we should reconsider its legal system with great interest in order to harmonize with the international standpoint. It will be the turning point of our viepoint under the international commercial transactions.

• 대한가정학회지
• /
• 제27권4호
• /
• pp.11-20
• /
• 1989

Teen-agers are much concerned for their appearances. Their clothes reflect their living conditions and serve as a means to represents themselves as well. They also show great concern for the clothes of students of an age. So to guide their clothing behaviours in school plays a very important role in the living guidance of students. From this point, this study was aimed at examing closely the differences of recations as to the girl students' clothing behaviours between boy students and girl students of high school, and the correlation between environment condition and reaction upon the clothing behaviours of girl students. To check the physical environment condition of the family, the family circumstances test, made and standardized by Jung Won Sik, was used. To check the clothing behaviours of girl students, four items-modesty, fashion and esthetics were made and each item had five questions, wihich comprised fifteen questons all told. The subjects of this study included students in eight high schools located in Incheon, totaling 930 boys and girls. The results of this study were summarized as follows: 1. There are great differences in students' reaction upon girl students' clothing behaviours according to their physical circumstances level, sex, grade years and the degree of concern for other sex. (A) The correlation between students' physical circumstances level and their reaction upon the girl students' clothing behaviours is high in all the three items. The higher the students' circumstancses level is, the lower their reaction upon modesty is, and the higher their reaction upon fashion. In case of esthetics, only girl students show great concern for it. (B) As to the reaction upon the girls students' clothing behaviours by sex, girls show higher concern for modesty, fashion and esthetics than boys. (C) As to the reaction upon the girl students' clothing behaviours by the grade years, the first year students as a whole show higher concern for modesty than second grade year students. (D) As to the reaction upon the girl students' clothing behaviours by the degree of concern for other six, the more concern both the boy and the girl students have for other sex, the higher their reactions are upon fashion and esthetics, but the lower upon modesty. 2. From the point of reactions upon the girl students' clothing behaviours, (A) as to fashion, free variables can explain by 7.8 percent the degree of concern for other sex, physicial circumstances level, and sex in that order. (B) as to fashion, free variables can explain by 5.4 persent the concern for other sex, physicial circumstances level, and sex in that order. (C) as to esthetics, free variables can explain by 4.8 percent the concern for other sex, physicial circumstances level, and sex in that order. From the above analysis, the following are included: The concern for other sex has the greatest influence on the girl students clothing behaviours, the physicial circumstances level the nest, sex the third and the grade year the last.

• 한국중재학회지:중재연구
• /
• 제21권3호
• /
• pp.3-20
• /
• 2011

An arbitrator is an impartial person chosen to decide the issue between parties engaged in a dispute. But the arbitrator appointed by a party or arbitration institution shall be impartial or independent and should disclose to the administrator any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. If, at any stage during the arbitration, new circumstances arise that may give rise to such doubts, the arbitrator shall promptly disclose such circumstances to the parties and to the administrator. Upon receipt of such information from an arbitrator or a party, an party must challenge any arbitrator whenever circumstances exist that give rise to justifiable doubts as to arbitrator's impartiality or independence. Under these circumstance, there were two cases declared by the Korean Supreme Court in relation to the cancellation of the arbitration award. One arbitral case was cancelled for the reason of the having been arbitral procedure without disclosure arbitrator's impartiality, and the other case was refused to cancel the ward for the reason of the having been arbitral procedure without challenge an arbitrator. There are not, however, the standard to decide what is definitely the arbitrator's impartiality or independence and the difference on qualification between arbitrator chosen by an party and neutral arbitrator in korean arbitration law and rules. Nevertheless, korean court require arbitrator to be impartial and independent and the arbitration parties to challenge arbitrator' impartiality or independence.

• 대한교통학회지
• /
• 제8권2호
• /
• pp.7-25
• /
• 1990

In road traffic, road circumstances, vehicle, and driver are closely related each other. When road facilities are established in road planning, only road structure has been considered. However, relatively little work has been done regarding the relation between road circumstances and human with respect to a driver. This dissertation focuses on analysis of driver's visual characteristics to improve road circumstances. In this study, driver's visual characteristics are measured with eye-mark recorder and analyzed statistically. This study includes that visual characteristics, visual range, visual time, distribution of fixation duration, and visual moving angle with respect to road circumstances are established qualitatively and quantitatively by driving testing vehicle on streets, roads and high-ways. The main features of this study are : The driver's visual ranges are different over 10% depending on lane in multi-lanes. The visual range on two-lanes is more than twice as big as that on multi-lanes at 85% of whole vision. The right and left visual ranges by as big as that on multi-lanes at 85% of whole vision. The right and left visual ranges by as big as that on multi-lanes at 85% of whole vision. The right and left visual ranges by as big as that on multi-lanes at 85% of whole vision. The right and left visual ranges by speed are $34^{\circ}$ for 30-50km/hr, $28^{\circ}$ for 50-70km/hr, $22^{\circ}$ for 70-90km/hr and 16^{\circ} for over 90km/hr at 95% of visual rate. Accordingly, increasing speed results in narrow visual range.

• 한국전자통신학회논문지
• /
• 제6권4호
• /
• pp.581-587
• /
• 2011

무선센서네트워크는 높은 수준의 상황정보를 추론할 수 있기 위해 이질적인 다중센서로 이루어질 필요가 있다. 다중센서에 의해 수집된 데이터를 상황 정보추론에 활용할 때 다중센서 데이터 융합이 필요하다. 본 논문에서는 Dempster-Shafer의 증거이론에 입각하여 무선센서네트워크에서의 데이터 융합할 때 센서별 가중치를 부여하는 방안을 제안하였다. 센서별 이벤트 발생빈도수를 기준으로 하였는데, 센서별 이벤트 발생 빈도수는 해당 센서가 입수한 상황데이터의 가중치를 계산하는데 반영해야 할 요소이다. 센서별 이벤트 발생빈도에 기초하여 가중치를 계산하였으며 이 가중치를 부여하여 다중센서 데이터 융합하였을 때 신뢰도가 더욱 뚜렷한 격차를 보이게 함으로써 상황정보를 추론함에 있어서 용이할 수 있었다.

• 대한한방부인과학회지
• /
• 제21권2호
• /
• pp.214-231
• /
• 2008

Purpose: The purpose of this research is a comparative study of the actual, the perceptive and the ideal body shape of the obese and non-obese female in their twenties and thirties Methods: The actual, the perceptive and the ideal body shape of the obese female and the non-obese female were collected and statistically analyzed in 25-34 years old. Results: In 25-29 years old the obese group and the non-obese group shows considerable difference in the weight, abdomen, calf circumstance in their actual body shape, but they recognize similar size as their ideal body shape in the hip, thigh and calf circumstances. They recognized that they are fatter than the actual body shape in the thigh, hip, and calf circumstances in common. In 30-34 years old the obese group and the non-obese group shows considerable difference in the weight, upper arm, abdomen, hip, thigh, calf circumstances in the actual body shape, but they recognize similar size as their ideal body shape in the thigh, hip, and calf circumstances. They recognized that they are fatter than the actual body shape in the weight, upper arm circumstances in common. Conclusion: These new data about body shape in 25-34 years women could be adopt as a useful clinical tool for body image related patients such as obesity, PCOD and postpartum patient in Korean women.