• Title/Summary/Keyword: Commercial Law

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Design of an Autonomous Air Combat Guidance Law using a Virtual Pursuit Point for UCAV (무인전투기를 위한 가상 추적점 기반 자율 공중 교전 유도 법칙 설계)

  • You, Dong-Il;Shim, Hyunchul
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.42 no.3
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    • pp.199-212
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    • 2014
  • This paper describes an autonomous air combat guidance law using a Virtual Pursuit Point (VPP) in one-on-one close engagement for Unmanned Combat Aerial Vehicle (UCAV). The VPPs that consist of virtual lag and lead points are introduced to carry out tactical combat maneuvers. The VPPs are generated based on fighter's aerodynamic performance and Basic Fighter Maneuver (BFM)'s turn circle, total energy and weapon characteristics. The UCAV determines a single VPP and executes pursuit maneuvers based on a smoothing function which evaluates probabilities of the pursuit types for switching maneuvers with given combat states. The proposed law is demonstrated by high-fidelity real-time combat simulation using commercial fighter model and X-Plane simulator.

Analysis of Deliberations by UNCITRAL Working Group on the Draft Revised Version of UNCITRAL Arbitration Rules (UNCITRAL 중재규칙(仲裁規則) 개정초안(改正草案) 내용(內容)의 분석(分析)과 방향검토(方向檢討))

  • Kang, Pyoung-Keun
    • Journal of Arbitration Studies
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    • v.18 no.2
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    • pp.3-31
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    • 2008
  • At its thirty-ninth session(New York, 19 June - 7 July 2006), United Nations Commission on International Trade Law(hereinafter referred to as the Commission) agreed to give priority to the topic of revising the UNCITRAL Arbitration Rules. From the forty-fifth through the forty-seventh session, the Working Group checked various issues based on the draft revised version of the UNCITRAL Arbitration Rules prepared by the Secretariat. At its forty-eighth session, the Working Group is going to finish its first reading of articles 38 to 41 of the draft revised version of the UNCITRAL Arbitration Rules, and to commence its second reading of the draft revised version of UNCITRAL Arbitration Rules. Korea is keen on enticing foreign direct investment into its territory. From the 1960s, Korea has concluded more than 80 BITs. Korea is making efforts to conclude FTAs with its trading partners. As of January, 2008, 3 FTAs have taken into effect with respect to Korea. According to provisions on dispute settlement found in such BITs and FTAs involving Korea, the Rules can be chosen for Investor-State Arbitration. Furthermore, the Rules is followed by the arbitration rules for domestic and international arbitrations administered by the Korean Commercial Arbitration Board. If the Commission adopts the revised version of UNCITRAL Arbitration Rules, the Rules will be able to give impact on the arbitration law and practice around the world of arbitration. That is the reason why we should keep attention to the development of the deliberations of the Working Group.

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A Study on Grounds for Challenging Arbitral Awards in Korea and China (우리나라와 중국 중재법에서 중재판정의 취소사유에 관한 연구)

  • Shin Chang-Sop
    • Journal of Arbitration Studies
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    • v.16 no.2
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    • pp.51-88
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    • 2006
  • The obligation on a national court to recognize and enforce arbitral awards as provided in Article III New York Convention, which both Korea and China have ratified, is subject to limited exceptions. Recognition and enforcement will be refused only if the party against whom enforcement is sought can show that one of the exclusive grounds for refusal enumerated in Article V(1) New York Convention has occurred. The court may also refuse enforcement ex officio if the award violates that state's public policy. This article explores the circumstances where arbitral awards may be refused enforcement under the Korean and Chinese arbitration laws. It first analyzes the relevant statutory provisions. In Korea and China, which have adopted the UNCITRAL Model law, the grounds of challenge are exhaustively defined within their respective arbitration laws. According to their arbitration laws, an arbitral award may be set aside if a party making the application proves that (i) a party to the arbitration agreement was under some incapacity or the agreement is not valid under the applicable law, (ii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case, (iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration, or (iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties. An arbitral award may also be set aside ex officio by the court if the court finds that (i) the subject-matter of the dispute is not capable of settlement by arbitration under the applicable law or (ii) the award is in conflict with the public policy. This article then reviews relevant judicial decisions rendered in Korea and China to see how the courts in these countries have been interpreting the provisions specifying the grounds for challenging arbitral awards. It concludes that the courts in Korea and China rarely accept challenges to arbitral awards, thereby respecting the mandate of the New York Convention.

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A Comparative Study on International Convention and National Legislation Relating to the Liability of the Air Carrier

  • Lee, Kang-Bin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.40
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    • pp.97-144
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    • 2008
  • The purpose of this paper is to review the text of national legislation relating to the carrier's liability in respect of the carriage of passengers, baggage and cargo by air in major states such as United Kingdom, Germany, France, Canada, Russia and China, and to compare the air carrier's liability under the national legislations of above states with them under the Warsaw System relating to the international carriage by air. Also this paper reviews the text of the draft legislation relating to the carrier's liability in respect of the carriage by air in Korea. The Warsaw Convention for the Unification of Certain Rules Relating to International Carriage was adopted in 1929. In 1999, the ICAO adopted the Montreal Convention for the Unification of Certain Rules for International Carriage by Air vastly modernizing the unification of private air law. The Montreal Convention replaced the instruments of the “Warsaw System”, and came into force on 4 November 2003. The Montreal Convention is not only an international convention. It has also exercised a considerable influence on national legislation. A the Convention, or certain of its principles, with the object of regulating their national air transport. The main feature of the liability regime of the air carrier under the Montreal Convention is the two-tier liability system for death or injury of the passenger with strict liability up to 100,000 SDR and presumptive liability with a reversed burden of proof without any limit above that threshold. The principles of the liability of the air carrier under the Montreal Convention have been adopted into national legislations by the United Kingdom, Germany, France, Canada, Russia and China. Now the Ministry of Justice of Korea is proceeding to make a new national legislation relating to the liability of the air carrier in respect of the carriage by air. The draft legislation of the Part VI the Carriage by Air of the Commercial Code of Korea has adopted the main principles of the liability of the air carrier under the Montreal Convention. In conclusion, the national legislation relating to the liability of the air carrier in Korea will contribute to settle efficiently the dispute on the carrier's liability in respect of the carriage of passengers, baggage and cargo by air.

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Design and Validation of Model Inversion Flight Control Law for Fly By Wire Helicopter (FBW 헬리콥터 모델 역변환 비행제어법칙 설계 및 검증)

  • Kim, Chong-Sup;Cho, In-Je;Lee, Seung-Duck;Lee, Han-Ju
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.40 no.8
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    • pp.678-687
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    • 2012
  • The Fly-By-Wire(FBW) flight control system is essential to improve the stability and flying quality of the helicopter. Advanced aerospace companies, such as Bell-Sikorsky (USA) and NHI (European Consortium), have already applied the FBW flight control system to manufacture V-22 and NH-90 helicopters, respectively. This paper addresses the development of control law design using model inversion method improve the hover and low speed handling qualities of helicopter based on BO-105 model in 'Day' and 'Degraded visual environments(DVEs)' in accordance with ADS-33E-PRF. Design parameters are optimized to satisfy the handling qualities specification using Control Designer's Unified Interface (CONDUIT) commercial control law software. The result of the analysis based on CONDUIT and non-real time simulation in-house software, HETLAS (HElicopter Trim Linearization And Simulation) reveals that the provides an efficient mean to achieve Level 1 handling qualities.

A Proposal of the Usage Metering Functions on Cloud Computing-Based Building Information Modeling (BIM) and the Law for the Open BIM Ecosystem (열린 BIM 생태계 조성을 위한 클라우드 컴퓨팅 기반 BIM 서비스 환경의 사용량 측정 기술 및 법 규정 제안)

  • Kim, Byungkon;Kim, Jongsung
    • Journal of KIBIM
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    • v.6 no.3
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    • pp.49-56
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    • 2016
  • As project opportunities for the Architecture, Engineering and Construction (AEC) industry have grown more complex and larger, the utilization of Building Information Modeling (BIM) technologies for three-dimensional (3D) design and simulation practices has been increasing significantly; the typical applications of the BIM technologies include clash detection and design alternative based on 3D planning, which have been expanded over to the technology of construction management in the AEC industry for virtual design and construction. As for now, commercial BIM software has been operated under a single-user environment, which is why initial costs for its introduction are very high. Cloud computing, one of the most promising next-generation Internet technologies, enables simple Internet devices to use services and resources provided with BIM software. Recently in Korea, studies to link between BIM and cloud computing technologies have been directed toward saving costs to build BIM-related infrastructure, and providing various BIM services for small- and medium-sized enterprises (SMEs). This study addressed development of the usage metering functions of BIM software under cloud computing architecture in order to archive and use BIM data and create an optimal revenue structure so that the BIM services may grow spontaneously, considering a demand for cloud resources. For the reason, we surveyed relevant cases, and then analyzed needs and requirements from AEC industry. Based on the relevant cases, customizing for cloud BIM and design for the development was performed. We also surveyed any related-law to support cloud computing-based BIM service. Finally, we proposed herein how to optimally design and develop the usage metering functions of cloud BIM software.

Records Management Business Analysis of Certified Electronic Document Center as the 'External Electronic Records Storage Facilities' ('외부전자기록물저장시설'로서 공인전자문서센터의 업무 분석)

  • Lee, Kyungnam
    • The Korean Journal of Archival Studies
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    • no.47
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    • pp.227-254
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    • 2016
  • The purpose of this study is to review whether Certified Electronic Document Center can perform electronic records preservation work as 'external electronic records storage facilities'. It began with addressing the current state of Certified Electronic Document Center. And then reviewed the key concepts of archival science in archival science literature and the meaning of electronic records preservation. The results of the review pointed out that these concepts are confused depending on each designated community's interests while the revision of the Archives Law. And finally we inspected whether Certified Electronic Document Center has an ability to perform the electronic records preservation work. For this, we compared and analyzed Archives Law, national archives' standards and regulations related to Certified Electronic Document Center. As a result, we may confirm that the current Certified Electronic Document Center did not have the capability for records management.

Website and Digital Content between Material Property and Intellectual Ownership Rights within the Legal Regulation of Internet

  • Azab, Rania S.
    • International Journal of Computer Science & Network Security
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    • v.22 no.2
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    • pp.424-435
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    • 2022
  • When the owners of the intellectual property rights of digital content have lost control over it in the digital environment, there emerged fears that the intellectual property laws, especially copyright law, would not be effective as in the material (Offline ) world. The reason is that the digital environment helps to reproduce copies in high quality and at almost no cost, while copyright law protection has been limited to programs embedded in CDs. According to copyright laws, the owner of the program did not have the right to prevent buyers of the initial physical copy of the program from copying and reselling it to more than one individual without the permission of the original owner. As a result, business owners have invented the idea of licensing digital content and programs instead of selling them. They set out terms that serve their commercial interests regardless of their abuse to intellectual property laws or even the rules of the traditional contract to sell a material property. The abuse has resulted from the way those terms are concluded and the heavy rules that are unfair to consumer rights. Therefore, business owners insisted on dealing with the website and its programs and digital content as material property. Here raises the question of whether the website and its digital content are subject to the protection of copyright law or the rules of the traditional contract or licensing contracts. As the answer to this question affects the protection of consumer rights, is it possible to find a balance between it and the protection of the owners of digital programs' rights.That is what we will discuss in this paper.

Guarantees of Applying Disclosure and Transparency on the Companies Listed in the Saudi Capital Market

  • Moanes, Hani Mohamed
    • International Journal of Computer Science & Network Security
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    • v.22 no.4
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    • pp.274-284
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    • 2022
  • By explaining the essence of corporate governance as well as disclosure and transparency, the study examined the guarantees of applying disclosure and transparency to firms listed on the Saudi stock exchange. The research also addressed the disclosure and transparency duties of firms listed on the Saudi stock exchange. Finance to prepare a prospectus, as the Capital Market Authority's regulations required that the prospectus includes information that enables the investor in securities to make his investment decision based on real foundations based on the issuing company's financial position and to ensure that companies fulfill that disclosure in the prospectus. Firms who fail to disclose are required by law to do so, and the Capital Market Authority's laws mandate companies listed on the financial market to regularly report fundamental events linked to the issuer or the securities issued by it. The Capital Market Authority must make it available to the public dealing with the business issuing the securities, and The Capital Market Authority's Law and Regulations have imposed fines on corporations that do not comply with disclosure and make the Board of Director's report available. The research focused on activities that the legislator deemed to be a breach of the obligation of openness, such as the danger of many measures aimed at ensuring the impartiality and transparency of trading in the Saudi financial market, as well as the absence of conflicts of interest. The research also addressed the sanctions imposed on The source for failing to meet the obligation of disclosure and openness, as well as the mechanisms of compensating persons harmed by the failure to meet that responsibility.

A study on the Regulatory Environment of the French Distribution Industry and the Intermarche's Management strategies

  • Choi, In-Sik;Lee, Sang-Youn
    • The Journal of Industrial Distribution & Business
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    • v.3 no.1
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    • pp.7-16
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    • 2012
  • Despite the enforcement of SSM control laws such as 'the Law of Developing the Distribution Industry (LDDI)' and 'the Law of Promoting Mutual Cooperation between Large and Small/medium Enterprises (LPMC)' stipulating the business adjustment system, the number of super-supermarkets (SSMs) has ever been expanding in Korea. In France, however, Super Centers are being regulated most strongly and directly in the whole Europe viewing that there is not a single SSM in Paris, which is emphasized to be the outcome from French government's regulation exerted on the opening of large scale retail stores. In France, the authority to approve store opening is deeply centralized and the store opening regulation is a socio-economic regulation driven by economic laws whereas EU strongly regulates the distribution industry. To control the French distribution industry, such seven laws and regulations as Commission départementale d'urbanisme commercial guidelines (CDLIC) (1969), the Royer Law (1973), the Doubin Law (1990), the Sapin Law (1993), the Raffarin Law (1996), solidarite et renouvellement urbains (SRU) (2000), and Loi de modernisation de l'économie (LME) (2009) have been promulgated one by one since the amendment of the Fontanet guidelines, through which commercial adjustment laws and regulations have been complemented and reinforced while regulatory measures have been taken. Even in the course of forming such strong regulatory laws, InterMarche, the largest supermarket chain in France, has been in existence as a global enterprise specialized in retail distribution with over 4,000 stores in Europe. InterMarche's business can be divided largely into two segments of food and non-food. As a supermarket chain, InterMarche's food segment has 2,300 stores in Europe and as a hard-discounter store chain in France, Netto has 420 stores. Restaumarch is a chain of traditional family restaurants and the steak house restaurant chain of Poivre Rouge has 4 restaurants currently. In addition, there are others like Ecomarche which is a supermarket chain for small and medium cities. In the non-food segment, the DIY and gardening chain of Bricomarche has a total of 620 stores in Europe. And the car-related chain of Roady has a total of 158 stores in Europe. There is the clothing chain of Veti as well. In view of InterMarche's management strategies, since its distribution strategy is to sell goods at cheap prices, buying goods cheap only is not enough. In other words, in order to sell goods cheap, it is all important to buy goods cheap, manage them cheap, systemize them cheap, and transport them cheap. In quality assurance, InterMarche has guaranteed the purchase safety for consumers by providing its own private brand products. InterMarche has 90 private brands of its own, thus being the retailer with the largest number of distributor brands in France. In view of its IT service strategy, InterMarche is utilizing a high performance IT system so as to obtainas much of the market information as possible and also to find out the best locations for opening stores. In its global expansion strategy of international alliance, InterMarche has established the ALDIS group together with the distribution enterprises of both Spain and Germany in order to expand its food purchase, whereas in the non-food segment, it has established the ARENA group in alliance with 11 international distribution enterprises. Such strategies of InterMarche have been intended to find out the consumer needs for both price and quality of goods and to secure the purchase and supply networks which are closely localized. It is necessary to cope promptly with the constantly changing circumstances through being unified with relevant regions and by providing diversified customer services as well. In view of the InterMarche's positive policy for promoting local partnerships as well as the assistance for enhancing the local economic structure, implications are existing for those retail distributors of our country.

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