• Title/Summary/Keyword: Commercial Law

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Small and Large Deformation Rheological Behaviors of Commercial Hot Pepper-Soybean Pastes

  • Choi, Su-Jin;Kang, Kyoung-Mo;Yoo, Byoung-Seung
    • Food Science and Biotechnology
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    • v.15 no.6
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    • pp.871-876
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    • 2006
  • Rheological behavior of commercial hot pepper-soybean paste (HPSP) was evaluated in small amplitude oscillatory and steady shear tests. Storage modulus (G'), loss modulus (G"), and complex viscosity (${\eta}^*$) as a function of angular frequency (${\omega}$), and shear stress (${\sigma}$) as a function of shear rate (${\gamma}$) data were obtained for 5 commercial HPSP samples. HPSP samples at $25^{\circ}C$ exhibited a non-Newtonian, shear-thinning flow behavior with high yield stresses and their flow behaviors were described by power law, Casson, and Herschel-Bulkley models. Time-dependent flow properties were also described by the Weltman, Hahn, and Figoni & Shoemaker models. Apparent viscosity over the temperature range of $5-35^{\circ}C$ obeyed the Arrhenius temperature relationship with activation energies (Ea) ranging 18.3-20.1 kJ/mol. Magnitudes of G' and G" increased with an increase in ${\omega}$, while ${\eta}^*$ decreased. G' values were higher than G" over the most of the frequency range (0.63-63 rad/sec), showing that they were frequency dependent. Steady shear viscosity and complex viscosity of the commercial HPSP did not fit the Cox-Merz rule.

Effect of Corporate Governance on Corporate Social Responsibility Disclosure: Empirical Evidence from Vietnamese Commercial Banks

  • TRAN, Quoc Thinh;LAM, To Trang;LUU, Chi Danh
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.11
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    • pp.327-333
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    • 2020
  • Corporate social responsibility is an inevitable trend in the global context. It is the responsibility of the organizations to the community and society to ensure the fairness of the interests of stakeholders. This is an issue that deserves attention, not in the national or regional level, but as a global issue. The purpose of article is to examine the effect of corporate governance on corporate social responsibility disclosure of 155 samples of 31 Vietnamese commercial banks from 2015 to 2019. The data of this study is employing time-series data and used the ordinary least squares to test the model. The results show that there are three factors that positively affect corporate social responsibility disclosure, namely, board size, foreign members of board, and audit committee. Thereby, the article proposes that board of director in Vietnamese commercial banks needs to raise awareness about corporate social responsibility, and the Central bank of Vietnam should monitor the disclosure of information regularly with severe sanctions on commercial banks that do not comply with the regulations of corporate social responsibility disclosure. This contributes to improving the information quality of the banking sector to meet the trend of international economic integration.

A Study on the Effective System of the Construction Arbitration (건설중재 활성화를 위한 시스템 구축방안 연구 - 미국의 건설중재운영시스템을 중심으로 -)

  • Kim Suk-Chul
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.103-132
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    • 2004
  • This paper suggests the establishment of construction arbitration tribunal in The Korean Commercial Arbitration Board or the construction arbitration institution under the Ministry of Construction for effective system of Construction Arbitration. Our conclusion tells that it is desirable to establish construction arbitration institution under the Ministry of Construction upon the result of analyzing some factors such as participation of construction workers, sophistication of construction field. In contrast, it is more desirable to establish the construction arbitration tribunal in The Korean Commercial Arbitration Board when we consider the feasibility, sophistication of ADR, organization, rules, arbitrator availability, internationalization Therefore, our final suggestion is to establish construction arbitration tribunal in The Korean Commercial Arbitration Board for effective system of Construction Arbitration. More detailed are as follows: . Establishment of the committee for resolution of construction disputes consisting of experts and specialists from construction-related institution, union, law firm and universities. 1 The committee manages finance, rules on construction arbitration and arbitrator members. 1 Establishment of intermediation team, construction arbitration team, housing arbitration team, real estate arbitration team under the construction arbitration tribunal . Establishment of a committee of arrangements consisting of experts and specialists from The Korean Association of Arbitration Studies, Korea Arbitrators Association, The Korean Commercial Arbitration Board, The Construction Association of Korea in order to accomplish effective system for construction arbitration.

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A Study on the Vietnam's International Commerce Policy and Commercial Cooperation between Korea and Vietnam (베트남의 통상정책과 한·베트남 통상협력에 관한 연구)

  • Kang, Young-Moon
    • Korea Trade Review
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    • v.42 no.2
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    • pp.97-116
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    • 2017
  • This study aims to analyze Vietnam' international commerce policy which is affected Korean's customs policy and fta policy, oda policy to develop diverse commercial cooperation between Korea and Vietnam. commercial cooperation between the two nations accomplished various co-development in vertical specialization of international commerce. Vietnam has exerted intense efforts to ameliorate its commercial environment for becoming WTO member and attracting FDI as next China. Vietnam has become WTO member and Vietnam's system and law relating to international commmerce has been changed for global standard. Vietnam hope to become international commerce leader in ASEAN. so Korea should take diverse efficient measures to assist Vietnam's continuous industrial development and advanced system in international commerce. the two nations should more mutually assist in mega international commerce round negotiation to intensify the two nation's international commerce policy in the international commerce system.

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A Review on the Air Carrier's Liability for the Cargo under the Montreal Convention and the Commercial Law through the Recent Supreme Court's Case (최근 판례를 통해 본 몬트리올 협약과 상법상 항공운송인의 책임 - 대법원 2016. 3. 24. 선고 2013다81514판결 -)

  • Kim, Kwang-Rok
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.33-66
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    • 2017
  • The Korean government enacted the Chapter 6 as of Air Transportation to the Korean Commercial Act, which was enforced in 2011, in order to treat some arguments occurred from air transportation Contracts since air transportations has rapidly increased in Korea. Air transportations has been used more in the field of international market than in the field of domestic market under it's own characteristic. Therefore, many international agreements and protocols related to the air transportations has been appeared from old times and the 1999 Convention for the Unification of Certain Rules for International Carriage by Air ("Montreal Convention") is one of them. The Montreal Convention was adopted in May 28, 1999 at International Conference of Air Law hosted by the International Civil Aviation Organization ("ICAO") in Montreal, Canada where the Headquarter of ICAO is located. The Montreal Convention has been effected from September 5, 2003 and the Korean government ratified the convention in 2007. Therefore, the Montreal Convention came in to force in Korea since 2007. This year, 2017, is the 10th anniversary year since the Montreal Convention has taken effect in Korea. However, there are rare cases that argued the Montreal Convention's scope of application and this Article examines the Korean Supreme Court's case that argued the Convention's scope of application. Thus the Article basically analyzes the case from the perspective of the Montreal Convention's scope of application and examines the Montreal Convention's articles related to the air carrier's liability and extent of compensation for damage that occurred from the international carriage by air. Also this Article analyzes the Korean Commercial Act Chapter 6, which regulated the air carrier's liability and the Article tries to make a comparison between the Montreal Convention and the Korean Commercial Act in order to draw some scheme for the betterment of Korean Commercial Act. It is the hope that the Article contribute to the improvement of Korean Commercial Act through the comparison with the chance of the 10th Anniversary of the Montreal Convention in Korea.

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Legal Issues on the Franchise Disputes and their Settlement by Arbitration (가맹계약분쟁과 중재에 관한 법적 문제)

  • Choi, Young-Hong
    • Journal of Arbitration Studies
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    • v.17 no.1
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    • pp.57-75
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    • 2007
  • Ever since franchising emerged in the industry of distribution, it has been growing explosively in the U.S.A. and all other countries as well. It is a method of expanding a business by licensing independent businessman to sell the franchiser's products and/or services or to follow a format and trade style created by the franchiser using the franchiser's trade marks and trade names. Franchising is a form of business that touches upon many different areas of law including, but not limited to, general contract law, general principles of commercial law, law of intellectual property, competition law, fair trade practices law and other industry specific laws e.g., the Fair Practices in Franchising Act in Korea. Arbitration is a long established, legally recognized procedure for submitting disputes to an outside person(s), mutually selected by the parties, for a final and binding decision. Despite its merits as an alternative dispute resolution, it has been criticized, on the other hand, particularly by franchisees' attorneys on the ground that even though it is required to protect the franchisees against the enforcement of pre-dispute arbitration agreements because of the franchisees' paucity of bargaining power vis-a-vis the franchiser, arbitration cannot afford it. Until recently, however, little has been written about the legal issues pertaining to franchise agreement and arbitration clause contained therein in Korea. This treatise reviews the cases and arguments in relation to the subject especially of the U.S.A., which have been accumulated for decades. The issues addressed herein are the pre-emption by the FAA, the disputes to be arbitrated, the selection and qualification of arbitrators, the place of arbitration hearings and the evidentiary rules applicable, the expenses of arbitration, theory of fiduciary duty and the like, all of which are relevant to franchise agreement.

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Potentials for Uniform Treatments of E-Commerce

  • Song, Keyong-Seog;Kim, Min-Choul
    • 한국디지털정책학회:학술대회논문집
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    • 2004.11a
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    • pp.55-73
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    • 2004
  • The Internet is a wonderland that can be enjoyed by the young, old, and those in-between. It is also a vast commercial market where many contracts are formed every second. The Internet and E-Commerce have created new situations that have generated sweeping proposals for fundamental changes in contract law. During the first half of the 20th Century. when many businesses expanded their geographic scope, there was a tremendous desire for uniform treatment of contracts for the sale of goods throughout the U.S.A. and the whole world. That same dynamic is now occurring in E-Commerce. There is a general recognition of the desirability of uniform contract law to govern E-commerce, but to date that does not exist, though there are extensive proposals for reform of contract law on the Internet. E-Commerce is currently plagued by some of the same problems that led to the passage of the UCC. In the absence of uniform legislation, state-by-state differences are inevitable with respect to E-Commerce. State-by-state differences in E-Commerce contract law is widely viewed as undesirable. To deal with this problem, a number of uniform bills have been proposed including UCITA, UETA, and revisions to Article 2 of the UCC (Subpart B). The thrust of these uniform acts is to create legal parity between paper records and electronic records. There is considerable resistance by consumer groups to this parity and progress towards Passage of UCITA, UETA, and revised Article 2 has been slow. The UCITA covers licenses of computer software but does not cover the sale oil goods on the Internet. The scope of the UCITA includes computer software. multimedia interactive products, computer data and databases, and Internet and online information, The UETA deals comprehensively with E-Commerce and contract law. The UCC covers the sale of goods, which does not necessarily involve E-Commerce. The basic principles of contract law are modified to deal with Internet transactions. Intent is inferred from the operations of electronic agents and "signatures" can occur with a response to an invitation to click to accept.

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Legal Bases for the Termination of a Contract under Common European Contract Law (유럽공통매매법(CESL)상 계약의 종료단계에서의 법적 기준 - CISG와의 비교를 중심으로 -)

  • SHIM, Chong-Seok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.67
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    • pp.23-47
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    • 2015
  • European Commission drafted and proposed the Common European Sales Law(CESL) to the European Parliament for the realization of a uniform set of international private law rules within the EU internal market. Since its purpose is for free international commercial activities for the sale of goods, for the supply of digital content and for related services, it was proposed to enable EU Member States to adopt or supplement as their substantive law according to their options. This study is relate to the legal bases on termination of a contract under CESL, they are composed of three parts: damages and interest, restitution and prescription. Damages and interest are divided into damages, general provisions on interest on late payments, and late payment by traders. Damages are explained by dividing into right to damages, general measure of damages, foreseeability of loss, loss attributable to creditor, reduction of loss, substitute transaction, and current price. Restitution is described by dividing into restitution on revocation, payment for monetary value, payment for use and interest on money received, compensation for expenditure and equitable modification. Prescription is explained by dividing into general provisions, periods of prescription and their commencement and extension of periods of prescription. General provisions explain right subject to prescription into a right to enforce performance of an obligation and any right ancillary to such a right. Regarding period of prescription, the short one is two years and the long one is ten years. However, in the case of a right to damages for personal injuries, period of prescription for such right is thirty years. Regarding commencement, the short one begins to run from the time when the creditor has become, or could be expected to have become, aware of the facts as a result of which the right can be exercised, while the long one begins to run from the time when the debtor has to perform. However, in the case of a right to damages, the CESL clarifies that it begins to run from the time of the act which gives rise the right.

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The Application of CISG to International Commercial Arbitration (聯合國國際貨物銷售合同公約在國際商事仲裁中的适用(국제물품매매계약에 관한 유엔협약이 국제상사중재에서의 적용))

  • Li, Wei
    • Journal of Arbitration Studies
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    • v.26 no.1
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    • pp.107-134
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    • 2016
  • International arbitration is the important field of applying CISG and the backbone of uniform law developed by CISG. Now CIETAC tribunals like courts of contracting states apply CISG precisely, which is beneficial to improving the quality and the credit of arbitral cases. Arbitration has the characters of independence and the non-government. the legal foundation of arbitral tribunal's applying CISG are the national arbitral law, the applicable arbitral procedures and usages of arbitration, not for performing international obligations under the CISG. CIETAC mainly use China Contract Law and CISG over the cases of sale of goods. Because of no provisions on recovery of differential price loss (equal to article 75 and 76 of CISG) Chinese tribunals have more discretion in determining the sum of damages under the China Contract Law. Applying China Contract Law may not beneficial to aggrieved party.

A Study on Reaction Kinetics in Steam Reforming of Natural Gas and Methane over Nickel Catalyst (니켈촉매 상에서 천연가스와 메탄의 수증기 개질 반응에 관한 Kinetics 연구)

  • Seong, Minjun;Lee, Young-Chul;Park, Young-Kwon;Jeon, Jong-Ki
    • Applied Chemistry for Engineering
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    • v.24 no.4
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    • pp.375-381
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    • 2013
  • Kinetics data were obtained for steam reforming of methane and natural gas over the commercial nickel catalyst. Variables for the steam reforming were the reaction temperature and partial pressure of reactants. Parameters for the Power law rate model and the Langmuir-Hinshelwood model were obtained from the kinetic data. As a result of the reforming reaction using pure methane as a reactant, the reaction rate could be determined by the Power law rate model as well as the Langmuir-Hinshelwood model. In the case of methane in natural gas, however, the Langmuir-Hinshelwood model is much more suitable than the Power law rate model in terms of explaining methane reforming reaction. This behavior can be attributed to the competitive adsorption of methane, ethane, propane and butane in natural gas over the same catalyst sites.