• Title/Summary/Keyword: Clauses

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The Complementizer That-Deletion in English

  • Kim, Yangsoon
    • International Journal of Advanced Culture Technology
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    • v.9 no.3
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    • pp.112-116
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    • 2021
  • The aim of this study is to analyze the complementizer that-deletion in embedded complement clauses in English. This paper is concerned with the alternation between the overt that-complementizer and the zero complementizer by the complementizer deletion (C-deletion or that-deletion) in constructions with a nominal complement that-clause, i.e. [VP Verb [CP that-TP]]. In this paper, we compare that-complementation and zero-complementation in a diachronic grammaticalization and corpus, and show that the complementizer that has its origin in pronouns diachronically and finally becomes to form a C-head of the functional category CP. We provide the syntactic and semantic explanation on the optionality of that-deletion while answering the question why and how that-deletion is getting increasing in use especially with the verb, think, in the informal contexts. With the major causes for the currently increasing use of that-deletion, we are concerned with the contexts in which the overt complementizers or the covert complementizers are preferred.

ISO 26262 and ISO/PAS 21448 as Exemption Clauses of Product Liability (제조물 책임 면책 수단으로서의 ISO 26262와 ISO/PAS 21448)

  • Lee, Seongsoo
    • Journal of IKEEE
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    • v.23 no.1
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    • pp.346-349
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    • 2019
  • Product liability is an important regulation factor in automotive industry. ISO 26262 international standard was established as an exemption clause of product liability. In autonomous car, product liability becomes more important, and ISO/PAS international standard was additionally established, but it can be applied to only sensing stage, which can partly make the autonomous car companies exempt the product liability but not completely. Therefore, reform of current legal system is absolutely necessary to commercialize autonomous car until a new international standard is established as a complete exemptions clause.

Defining a "Safe System of Work"

  • Caponecchia, C.;Wyatt, A.
    • Safety and Health at Work
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    • v.12 no.4
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    • pp.421-423
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    • 2021
  • Providing a "safe system of work" is the essence of the general duties that employers have to their employees under workplace health and safety regulations. Despite this, consistent and appropriate definition of what constitutes a safe system of work is almost non-existent. Available definitions tend to confuse a safe system of work with management practices intended to bring about a safe system, or conflate the broad system suggested in general duties clauses with procedures or work methods that are focused on particular hazards or tasks. This article develops a definition of safe systems of work which recognises the broad scope of the concept and includes psychological health and return to work processes. This definition can be used by a range of stakeholders to better communicate the scope of occupational health and safety duties and more consistently assess whether a safe system has been provided both before and after incidents occur.

Performance Test Circuit for a Valve of MMC Based HVDC Power Converter (MMC 기반 HVDC 전력변환기의 밸브 성능 시험회로)

  • Chi-Hwan Bae;Kwang-Rae Jo;Hak-Soo Kim;Eui-Cheol Nho
    • The Transactions of the Korean Institute of Power Electronics
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    • v.28 no.1
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    • pp.76-81
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    • 2023
  • A new test circuit for an MMC-based valve HVDC power converter is proposed. The proposed scheme satisfies the required clauses from IEC-62501. The valve test current contains second harmonic component and DC offset as well as a fundamental component that is quite similar to the real operating arm current of MMC based HVDC power system. The structure of the proposed test circuit is simple compared to conventional test circuits. Furthermore, the power supply voltage rating of the proposed test circuit is reduced dramatically around 20% of the conventional scheme with the same current rating. The validity of the proposed test circuit is verified through simulation and experimental results.

The Comparative Study of Incoterms 2020 and 2010 in International Physical Distribution

  • KIM, Jin-Hwan
    • Journal of Distribution Science
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    • v.20 no.4
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    • pp.101-110
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    • 2022
  • Purpose: This study is a comparative study to examine the differences between Incoterms 2010 and Incoterms 2010 through a study on the revision contents and conditions of Incoterms 2020. Research design, data, methodology: This study is composed of 5 chapters through literature study. Chapter 1 is an introduction, and Chapter 2 explains the significance and change of standard trading conditions. Chapter 3 compares Incoterms 2020 and 2010. Chapter 4 deals with major revisions and considerations of Incoterms 2020, and Chapter 5 mentions conclusions and implications. Results: In comparison with Incoterms 2020 and Incoterms 2010, first, the selection of the correct Incoterms rules was emphasized through the introduction; second, the division and connection between the sale contract and the ancillary contract were more clearly explained; and third, each Incoterms An explanatory note was presented by improving the existing guidance note for rules, and finally, the order of clauses within individual Incoterms rules was changed to further emphasize delivery and risk. Conclusions: This study pays attention to the understanding of academic content related to standard trade terms and conditions and how usefully it can be used in the business process of users in practice.

Legal Bases and Cases for the Form Requirement under PICC (국제상사계약에 관한 일반원칙(PICC)하에서 계약의 형식요건에 관한 법적 기준과 판결례)

  • Shim, Chongseok
    • International Commerce and Information Review
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    • v.18 no.4
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    • pp.143-164
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    • 2016
  • PICC are dealing with form requirements of international commercial contract under writings in confirmation, conclusion of contract dependent on agreement on specific matters or in a particular form, contract with terms deliberately left open, merger clauses, modification in a particular form. If a writing which is sent within a reasonable time after the conclusion of the contract and which purports to be a confirmation of the contract contains additional or different terms, such terms become part of the contract, unless they materially alter the contract or the recipient, without undue delay, objects to the discrepancy. Where in the course of negotiations one of the parties insists that the contract is not concluded until there is agreement on specific matters or in a particular form, no contract is concluded before agreement is reached on those matters or in that form. If the parties intend to conclude a contract, the fact that they intentionally leave a term to be agreed upon in further negotiations or to be determined by a third person does not prevent a contract from coming into existence. A contract in writing which contains a clause indicating that the writing completely embodies the terms on which the parties have agreed cannot be contradicted or supplemented by evidence of prior statements or agreements. However, such statements or agreements may be used to interpret the writing. A contract in writing which contains a clause requiring any modification or termination by agreement to be in a particular form may not be otherwise modified or terminated.

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Fundamental Rights Reflected by the Legislation Regarding Radiation and Nuclear Power (방사선 및 원자력 관련 법제가 반영하는 기본권)

  • Han, Eun Ok;Lee, Jae Seong;Cho, Hong Jea
    • Journal of Radiation Protection and Research
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    • v.41 no.1
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    • pp.15-29
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    • 2016
  • Research background: Despite the visible growth in radiation usage and nuclear power development, the analysis of their relationship with fundamental rights, a subject of public concern regarding issues including the right to health, environmental rights, safety rights, the right to know, the right to development, and the right to life, is currently non-existent. Methods: By examining various fundamental rights in the context of positive laws regarding radiation and nuclear power in an idealistic perspective that guarantees the maximum degree of rights, this paper aims to propose legislative supplements that will lead to improvements in quality of life. Result and discussion: In the South Korean Constitution, radiation and nuclear power is a subject incorporating several rights, including at least 12 clauses that are directly related to fundamental rights; these constitutional rights are manifested in the various clauses of the 14 positive laws regarding radiation and nuclear power. The question on the relative importance of each fundamental right as reflected in these positive laws- whether the right to life should be prioritized or considered equal in weight to the right to health, environmental rights, the right to know, and safety rights- requires careful deliberation and is difficult to humanly resolve in the short term. Conclusion: Making policy that expands the usage of radiation and nuclear power while simultaneously preventing their associated risks is an important task for the Republic of Korea, and a proper value judgment is necessary to find a balance in its associated rights.

A Case Study on the Resolution of International Investment Disputes Caused by Aggravation of Political and Economic Situation of the Host State - Focusing on the case of CMS Gas Transmission Company v. Argentine Republic (투자유치국의 정치.경제상황 악화로 인한 국제투자분쟁의 해결에 관한 사례연구 -CMS Gas Transmission Company v. Argentine Republic 사건을 중심으로)

  • Oh, Won-Suk;Hur, Hai-Kwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.36
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    • pp.87-109
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    • 2007
  • This Comment explores the ICSID case of CMS Gas Transmission Company v. Argentine Republic, awarded on May 12, 2005. The Part II of this Comment first describes the relevant facts of the case including the some background for readers' understanding and the Part III summaries the claimant's requests and the decisions rendered by the Arbitral Tribunal in the Award. At Part IV, the Comment addresses the issue of determinating laws applicable to the merits of dispute in case that the parties of the case have not chosen a governing law, and at Part V, takes a close look into three main issues of (i) the indirect expropriation of the investment, (ii) the breach of fair and equitable treatment and (iii) the protections under umbrella clauses. In this CMS case, we see first that while the Tribunal affirmed that any indirect expropriation can occur from incidental interference depriving the foreign investor of the use or reasonable-to-be-expected economic benefit even if not necessarily to the obvious benefit of the host State, the Tribunal denied the occurrence of indirect expropriation in this case by holding that the Government of Argentina has not breached the standard of protection laid down in the Treaty. Secondly, however, regarding the issue of fair and equitable treatment, we see that the Tribunal, finding Argentina's breach of obligations, affirmed that the foreign investor can expect the host State to act in a consistent manner, free from ambiguity and totally transparently in its relations with the foreign investor, which can give the foreign investor certain degree of foreseeability. Thirdly and finally, we see that, on base of the effect of the umbrella clause, the Tribunal recognized the obligation of the host State undertaken not to freeze the tariff regime or subject it to price controls and not to alter the basic rules governing contracts between the foreign investor and the host State without the first's written consent. However, the protection under the umbrella clause is available only when there is a specific breach of rights and obligations under BIT or a violation of contract rights protected under BIT.

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A Global XQuery Query Processing based on Local XQuery Query Generation (지역 질의 생성기반 전역 XQuery 질의 처리 기법)

  • Park, Jong-Hyun;Park, Won-Ik;Kim, Young-Kuk;Kang, Ji-Hoon
    • Journal of the Korea Society of Computer and Information
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    • v.15 no.11
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    • pp.11-20
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    • 2010
  • XML view is proposed to integrate between XML data and heterogeneous data over distributed environment and global XML view is used to search distributed heterogeneous data. At this time, standard query language for user is XQuery and the method for processing global XQuery queries over distributed environment is one of the new research topics. One of the basic and simple methods to process distributed SQL queries is that generates local queries for processing a global query and constructs the result of the global query from the results of the local queries. However, the syntax of XQuery differs from SQL because the XQuery contains some special expressions like FOR clauses for querying to semi-structured data, of course, FOR clauses are not used in SQL. Therefore, there are some problems to adopt the method for processing global SQL queries for generating local XQuery queries. This paper defines some problems when generates local XQuery queries for processing global XQuery queries and proposes a method for generating local XQuery queries considered these problems. Also we implement and evaluate a Global XQuery Processor which uses our method.

An Effect of Concreteness and Fairness of Service Contract on Performance of Service Provider in Logistics Outsourcing (물류계약 조항의 구체성과 공정성이 물류기업의 성과에 미치는 영향)

  • Kim, Jin-Su;Song, Sang-Hwa
    • Journal of Korea Port Economic Association
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    • v.28 no.2
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    • pp.129-153
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    • 2012
  • Even though logistics service outsourcing becomes widespread in manufacturing and service industries, logistics service providers encounter fierce competition and lower profit. Decreased profit has negative impact on service providers' competitiveness, which in turn threats successful relationship with shippers. In this paper, we investigate the factors which influence the performance of service providers. Factors related to service contract are examined and we test an effect of concreteness and fairness of service contract. PLS (Partial Least Square) modeling method is applied and validated using data from logistics service providing companies in Korea. In the model, service contract clauses are classified into two categories including cost and risk sharing terms. PLS analysis shows that partnership and performance of service relationship is improved when contract clauses are specified in detail. This study will contribute in providing an operational direction in effectively establishing a positive relationship between the logistics service provider and the shipper.