• Title/Summary/Keyword: Clauses

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Price Escalation Clause of Letter of Credit (신용장의 에스컬레이션 조항)

  • Park, Sae-Woon
    • International Commerce and Information Review
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    • v.16 no.2
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    • pp.89-109
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    • 2014
  • The purpose of price escalation clauses has the effect of increasing the L/C value subject to external pricing mechanisms. This will be found inter alia in metals and oil products transactions. Such a clause gives rise to a question. That is, whether it is enforceable or whether it constitutes a letter of credit. The problem is what to reference to a source outside the context of a letter of credit constitutes a non-documentary condition rendering the undertaking something other than a letter of credit. Reference to an objective and readily available index is not something that renders the undertaking obscure and is not "non-documentary in the sense that it is possible to make an objective verification of the data. The possible solution is that not every non-documentary condition will be disregarded. For example, an index specified in the credit will not be disregarded as stipulated in ISP98 and URDG758. If a non-documentary is "central and fundamental", it seems that the parties intended a dependent payment obligations. The most common means of overcoming this conflicts of interests is to issue an instrument incorporatingan escalation clause, but capping the bank's maximum payment obligation.

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A Study on Definition and Classification of Expressions Dealt with in Elementary Mathematics (초등학교 수학에서 취급하는 식의 정의와 분류에 관한 연구)

  • Ko, Jun Seok;Kim, Ji Won;Park, Kyo
    • School Mathematics
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    • v.16 no.2
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    • pp.303-315
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    • 2014
  • Even though the variety of expressions are dealt with in Korean elementary mathematics, the systematization of the subject matter of expressions is still insufficient. This is basically due to the failure of revealing clearly the identity of expressions dealt with in elementary mathematics. In this paper, as a groundwork to improve this situation, after the classification of signs as elements constituting expressions, in a position to consider elementary mathematics using transitional signs such as ${\square}$, ${\triangle}$, etc and words or phrases in expressions, expressions were defined and classified based on that classification of signs. It can be presented as the conclusion that the following four judgements which helps to promote the systematization of the subject matter of expressions are possible through this definition and classifications. First, by clarifying the identity of the expressions, any mathematical clauses or sentences can be determined whether those are expressions or not. Second, Forms of expressions can be identified. Third, the subject matter of expressions can be identified systematically. Fourth, the hierarchy of the subject matter of expressions can be identified.

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SPARQL Query Processing in Distributed In-Memory System (분산 메모리 시스템에서의 SPARQL 질의 처리)

  • Jagvaral, Batselem;Lee, Wangon;Kim, Kang-Pil;Park, Young-Tack
    • Journal of KIISE
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    • v.42 no.9
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    • pp.1109-1116
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    • 2015
  • In this paper, we propose a query processing approach that uses the Spark functional programming and distributed memory system to solve the computational overhead of SPARQL. In the semantic web, RDF ontology data is produced at large scale, and the main challenge for the semantic web is to query and manipulate such a large ontology with a high throughput. The most existing studies on SPARQL have focused on deploying the Hadoop MapReduce framework, and although approaches based on Hadoop MapReduce have shown promising results, they achieve a low level of throughput due to the underlying distributed file processes. Therefore, in order to speed up the query processes, we suggest query- processing methods that are based on memory caching in distributed memory system. Our approach is also integrated with a clause unification method for propagating between the clauses that exploits Spark join, map and filter methods along with caching. In our experiments, we have achieved a high level of performance relative to other approaches. In particular, our performance was nearly similar to that of Sempala, which has been considered to be the fastest query processing system.

Director's Self-Dealing and Criminal Liability (주식회사(株式會社) 이사(理事)의 자기거래(自己去來)와 형사책임(刑事責任))

  • Lee, John-Girl;Kim, Pyung-Key
    • The Journal of the Korea Contents Association
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    • v.9 no.9
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    • pp.210-217
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    • 2009
  • Discussions about unfavorable acts of corporations in managing activities include many legal considerations. In general cases, first of all, legality of the given acts should be verified. If they are judged to be illegal in their procedures, whether it is possible to assert nullification for the acts by the corporation law or not should be examined. Next, the claim for damages against the actors should be considered. After that, whether the actors have criminal liability or not should be discussed. In this case, it is difficult and complicated to judge what clauses of the Criminal Code in the substantive law apply to the unfavorable acts. when the director's business judgement in the long run causes the corporation to be unprofitable or suffer damage, the Question of whether criminal punishment can be imposed on the director is a very important one requiring careful consideration.

Study on Drafting Appropriate Dispute Resolution Clause in International Contract

  • Lee, Se-In
    • Journal of Arbitration Studies
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    • v.29 no.3
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    • pp.39-52
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    • 2019
  • There are various factors to consider when parties to an international agreement draft a dispute resolution clause in their written contract. These factors can be classified into two categories. The first category is about the parties and the nature of the contract, such as the parties' places of business and whether the contract contains a simple transaction or has a complicated nature. The second category is about the applicable rules of the parties' places of business or performance such as the private international law, service of process rules, and enforcement of court judgment and arbitration award rules. When parties to an international contract agree to a litigation, they normally choose a forum court and a governing law. In selecting a forum court and a governing law, the parties must consider private international law, service of process rules, and enforcement of judgement rules of candidate forums. In case the parties agree to an arbitration, they have to choose between institutional arbitration and ad hoc arbitration. For ad hoc arbitration, parties still need to further agree on which arbitration rules to use, and in which place the arbitration shall take place. Mediation involves a similar kind of decision as with arbitration. Traditionally, national courts of the parties' places of business have been used as litigation forums in dispute resolution clauses but, recently, arbitration is being increasingly employed as an alternative dispute resolution method in international contracts. Moreover, there have been international efforts to utilize mediation as a dispute resolution method in international commercial issues. Rather than simply taking a dispute resolution clause provided in a sample written contract, parties to an international contract must carefully consider various relevant factors in order to insert a dispute resolution clause which will work well for a particular contract.

Historic Status and Grammatical Characteristics of Korean language in the Early 20th Century (한국어사에서 20세기 초 한국어의 위상과 문법 특징)

  • Hong, Jongseon
    • Korean Linguistics
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    • v.71
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    • pp.1-22
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    • 2016
  • The early 20th century is a period of time when Korea confronted with the surging waves of modernization, and made a variety of internal reactions. The Korean language, not immune to the upheaval, also experienced new changes and gradually gained characteristics of today's Korean. Although scholars have not yet fully agreed upon the time division of Korean, Gabo reformation (1896) is usually considered to be the beginning of modern Korean. Thus, the early 20th century was also the beginning of modern Korean. Phonological, lexical, and grammatical characteristics of modern day Korean began to appear during this period of time. Phonologically, the 10 vowel system was established, glottal sounds and aspirated sounds increased, vowel harmony declined. Phenomena such as vowel raising, front-vowelization, monophthongization, and the word-initial rule appeared. Meanwhile, hangul-Chinese mix writing became common practice, and hangul-only writing also started to take place in narrative writing, and elements of spoken language began to reflect in written language. All those pointed to the unification of written and spoken language. Under the influence of modernization, a great amount of new words appeared. Especially, Japanese and other foreign words flooded in in great quantities. Grammatically, '-eos-(-엇-), -neun-(-는-), -ges-(-겟-)' trichotomy system of tenses was established, and hearer-oriented honorific system also formed a binary system of 'hasoseo(하소서), hasibsio(하십시오), hao(하오), hage(하게), haera(해라)' and 'hae (해), haeyo(해요)'. In word formation and sentence construction, the use of '-gi(-기)' became more frequent than '-eum(-음)', while '~geot(~것)' also significantly increased. In negative, causative and passive expressions, the use of long form, which has fewer restrictions than the short form, became more frequent. A tendency towards simplicity appeared. In the same vain, long and complex sentences with several clauses tend to be avoided. Instead, short simple sentences became more favorable. Korean linguistics scholars should pay closer attention to the modernization period, which includes the early 20th century. In order to fully understand today's Korean language, more thorough research on this immediately preceding period is necessary.

A Pragmatic Approach to Ellipsis in Russian and Polish Colloquial and Informal Texts of the Novel "Exit to the South" (러시아어와 폴란드어 문학텍스트 내 생략의 화용적 분석 - 므로제크의 "남쪽으로의 도주"를 중심으로 -)

  • Chung, Jung Won
    • Cross-Cultural Studies
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    • v.33
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    • pp.407-459
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    • 2013
  • The paper pragmatically analyzes ellipsis in Russian and Polish colloquial and informal texts. The famous Polish writer Sławomir $Mro{\dot{z}}ek^{\prime}s$ "Exit to the South", written in Polish and Russian is used as a material for the analysis. Russian and Polish ellipsis in colloquial and informal texts have in common that the givenness and subjecthood of the elliptical co-referent play a crucial role. However, the ellipsis in two languages also has differences in many ways. Above all, in the Polish texts of colloquial and informal style, a theme is likely to be elliptical and the coreferential relation reaches to an extra-sentential antecedent, while the ellipsis in analysed Russian texts in most cases requires coordinate, subordinate or relative clauses, and the elliptical co-referent tends to have an intra-sentential antecedent. The ellipsis of the theme-subject is unmarked in Polish, where every verbal form has an ending denoting person. Unlike formal style which often allows explicit noun subject, Polish text of colloquial and informal style prefer null form of the subject in most cases. If Polish sentences have explicit theme-subjects, they disambiguate intervening and main themes, and indicate the contrast, the focus, the introduction of new narratives or the change of speaker's point of view. Sometimes direct speeches and deictic pronouns also need explicit theme-subjects in Polish sentences. On the other hand, the ellipsis of the theme-subject is marked in Russian even in colloquial and informal texts. The theme-subject can be deleted in Russian colloquial and informal texts, if the subject is a form of the first or the second person, or if the aspect and the tense of the antecedent sentence's verb are the same as those of the given sentence's verb and both the antecedent and the coreferential word have the nominative case.

Improvement of Small-size Multi-housing Area Reconstruction Project Using AHP Analysis (AHP분석을 통한 가로주택정비사업의 개선방안)

  • Kim, Suk-Joon;Lee, Sang-Ho;Huh, Young-Ki
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.2
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    • pp.79-85
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    • 2019
  • The policy introduced recently in order to promote small-size reconstruction housing projects for rehabilitating downtown area consists of aged multi houses has been little practiced, as preferential provisions for such projects are more likely applicable for large projects. Several expert interviews and surveys were conducted to find efficient clauses to overcome the problems and their relative weights. As the results, it is revealed that 'relation of floor area ratio' and 'relaxation of building height limit criteria' are the most effective whereas 'purchasing and operating of residents' common facilities with public fund' is little. The study results would be a great interests for public institutions to rebuild aged housing area without destroying local communities and to provide socially disadvantaged class with rental housing at the same time.

A Study on the Third Party Incorporation of Arbitration Clause in China Maritime Disputes (중국해사분쟁에서 중재조항의 제3자 편입에 관한 연구)

  • Kim, Sung-Ryong;Hwang, Uk;Hwang, Seok-Joon;Tian, Peng
    • Journal of Arbitration Studies
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    • v.28 no.4
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    • pp.153-172
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    • 2018
  • In solving international commercial disputes, arbitration has a unique advantage. Therefore, when most parties sign a charter party, they contain arbitration clauses. Whether the arbitration clause in the charter party can be effectively incorporated into the bill of lading and bind to the third party-bill holder becomes an important issue. Based on the problem above, this paper compares the arbitration system between Korea and China, and discusses the composition of the Chinese Maritime Court and the Chinese court's adjudication of arbitration for foreign countries, which are recognized and enforced in China. What is most important in this study is observing the Chinese case from the beginning of 2000 to the present in order to rule whether the Chinese court can effectively incorporate the arbitration clause in the charter party into the bill of lading, as well as whether it constitutes an effective binding force for third parties and changes in standard of recognition. Finally, through comparative analysis, the study concludes that in China, the arbitration clause in the charter party can be effectively incorporated into the bill of lading, and that the conditions for the third parties can be effectively restrained. There must be several points to be noted when recording the bill of lading. This would then help reduce the legal risks and promote the sustainable development of international transactions.

Judicial Review on Pre-arbitration Agreement in Terms to Resolve Franchise Dispute (프랜차이즈 분쟁계약상 사전중재합의에 관한 법리적 검토)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.29 no.1
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    • pp.3-29
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    • 2019
  • A franchise business is a business in which the owners, or "franchisors," sell the rights to their business logo, name, and model to third party retail outlets, owned by independent, third party operators, called "franchisees." There are a number of features in franchising or terms in franchise agreements that may lead to disputes between franchisors and franchisees. These disputes may arise because of underlying risks in the franchise relationship, franchise agreement, or conduct of the parties. In this case, ADR is an effective way to resolve disputes in a quicker and often less costly way than having to go to court. If an agreement cannot be reached through mediation, then arbitration becomes the next step to resolving the differences. Whereas mediation is non-binding and focused on facilitating the parties to find a resolution that is acceptable to both, arbitration is binding and may result in a decision that is not acceptable to one of the parties. These situations can be resolved through experienced arbitration as arbitration allows franchisees to settle matters promptly and outside of the public eye. In addition, franchise dispute arbitration is usually less costly than going to traditional court. Considering all of these, reaching an agreement will also have typical clauses that address the issue of dispute resolution. It is again a more efficient process than going through the legal process and courts and is often less costly. By going through arbitration, the parties agree to give up their rights to pursue the dispute in the courts. However, there is a problem that the arbitration prior to the agreement and under the terms would be contrary to the restriction of jurisdiction under the "ACT ON THE REGULATION OF TERMS AND CONDITIONS" in Korea.