• Title/Summary/Keyword: Commercial Law

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Characteristics and Optimization of the Formula of Mashed Potatoes Using Purple-fleshed Potato (Solanum tuberosum L.) by Mixture Design (혼합물 실험계획법을 이용한 유색감자 자영(Solanum tuberosum L.) 매쉬드 포테이토 분말의 혼합비 최적화 및 매쉬드 포테이토의 특성)

  • Jung, Hwabin;Choi, Ji-il;Yoon, Won Byong
    • Food Engineering Progress
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    • v.21 no.2
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    • pp.167-173
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    • 2017
  • Purple-fleshed potato powder (PFPP) was investigated to determine optimal mixing ratio with milk powder and dextrin to produce a ready-to-eat mashed potato powder. The rheological characteristics, color, and anthocyanin contents were studied at a different concentration of ingredients. The power-law model was applied to explain the mechanical spectra of mashed potatoes which represented the change in structure induced by different mixing ratios. Mixture design was used to obtain the experimental points used to establish the empirical models to describe the effects of each ingredient on the characteristic of the mashed potato. The results of mechanical spectra showed that both storage and loss moduli (G' and G'') were significantly influenced by PFPP and milk powder concentration. The power law parameters n' and n'' showed higher values for the mashed potato with a lower concentration of PFPP and a higher concentration of milk powder, which showed that the gel networks involved in the mashed potato were weaker. The optimum mixing ratio with the highest redness and anthocyanin content, while maintaining the rheological properties similar to the commercial mashed potato, was determined as PFPP:milk powder:dextrin = 90.49:4.86:4.65 (w/w). The proportions of PFPP and milk powder in the formulation significantly changed the characteristics of mashed potato, whereas no significant effect of dextrin was observed in this formulation.

The Protection of Third Parties of the Transactions Made by the Representative Director without Resolution Adopted by the Board of Directors (대표이사의 이사회 결의를 흠결한 거래행위와 제3자의 보호)

  • Shin, Tae-Seop
    • The Journal of the Korea Contents Association
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    • v.22 no.8
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    • pp.392-402
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    • 2022
  • The purpose of this study is to examine the protection of third parties of the transactions made by the representative director without resolution adopted by the board of directors. The legal effect of a transaction conducted by a representative director without board resolution in violation of internal restriction or statutory restriction is at issue. The Supreme Court of Korea('SCK') made a new ruling that revised the prior case law(Supreme Court en banc Decision 2015Da45451, Feb. 18, 2021). The SCK in the subject case proclaimed a legal doctrine that 'a third party acting in good faith' shall be protected according to Article 389(3) and 209(2) of the Korean Commercial Act, except that 'a third party with gross negligence' is considered as 'a person acting in bad faith' and thus is excluded from protection. The subject case law can be evaluated as broadening the scope of protection of the third party. In addition, the subject case is meaningful in that it is balance with the related SCK ruling, which considered a third party with gross negligence as a person acting in bad faith while protecting a third party with ordinary negligence in the case of transactions involving apparent representative directors, etc.

The Rules of Law on Warranty Liability in Contracts for the International Sale of Goods - With Special Reference to CISG - (국제물품매매계약에 있어서 하자담보책임에 관한 법리 - CISG를 중심으로 -)

  • Hong, Sung-Kyu
    • Journal of Arbitration Studies
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    • v.24 no.4
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    • pp.147-175
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    • 2014
  • In contracts for the international sale of goods, a seller must deliver appropriate goods and hand over relevant documents according to a contract, which will transfer the ownership of the goods to a buyer. In this case, if there are defects in the contracted goods, the warranty liability will occur. However, in the United Nations Convention on Contracts for the International Sale of Goods (CISG), a term-the conformity of the goods to the contract-is used universally instead of the warranty. According to the CISG, a seller must deliver goods in conformance with the relevant contract in terms of quantity, quality, and specifications, and they must be contained in vessels or in packages according to the specifications in the contract. In addition, a certain set of requirements for conformity will be applied implicitly except when there is a separate agreement between parties. Further, the base period of conformity concerning the defects of goods is the point when the risk is transferred to the buyer. A seller shall be obliged to deliver goods that do not belong to a third party or subject to a claim then, and such obligations shall affect the right or claim of a third party to some extent based on intellectual property rights clauses. If the goods delivered by the seller lack conformity, or incur right infringement or claim of a third party, then it shall be regarded as a default item per the obligation of the seller. Thus, the buyer can exercise diverse means of relief as specified in Chapter 2, Section 3 (Article 45-Article 52) of the CISG. However, such means of relief have been utilized in various ways for individual cases as shown in judicial precedents made until now. Contracting parties shall thus keep in mind that it is best for them to make every contract airtight and they should implement each contract thoroughly and faithfully to cope with any possible occurrence of a commercial dispute.

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The introduction of a criminal case arbitration on premise the civil and commercial arbitration (민상사(民商事) 중재제도(仲裁制度)를 전제(前提)로 한 형사중재제도(刑事仲裁制度)의 도입방안(導入方案))

  • Nam, Seon-Mo
    • Journal of Arbitration Studies
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    • v.19 no.3
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    • pp.93-119
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    • 2009
  • Nowadays the number of crimes is increasing rapidly and society is getting more and more dangerous. Recently the criminal aspect of our society, the intelligence, diversity, localized area, as well as for the crime victims also difficult to predict the damage recovery is not easy to change their level of pain and are also serious. This phenomenon is increasingly expected to intensify, the proper response is a factory. The more so if the victim of murder. The criminal mediation working on the operational adjustments Borrower payment, Construction charges, investments and financial transactions due to interpersonal conflicts that occurred as a fraud, embezzlement, breach of trust property crimes such accused, individuals between the defamatory, offensive, encroachment, violating intellectual property rights and private Disputes about the complaint case and other criminal disputes submitted to mediation to resolve it deems relevant to the case who are accused. But the core of a detective control adjustment, adjust the members' representative to the region, including front-line player or a lawyer appointed by the attorney general at this time by becoming parties to this negative view may be ahead. Some scholars are criticizing the current criminal justice system for the absence of proper care for the criminal victims, as an alternative to the traditional criminal justice system. The introduction of the summary trial and related legal cases, the command structure, compensation system, crime victims' structural system can be seen as more classify, crime subject to victim's complaint, By case with a criminal misdemeanor in addition to disagree not punish criminal, minor offense destination, traffic offenders, regular property crime, credit card theft, intellectual property rights violators can be seen due to more categories can try. They sued in law enforcement, Prosecution case has been received and if any one party to the criminal detective Arbitration request arbitration by the parties can agree to immediately contact must be referred to arbitration within 15 days of when the arbitration case will be dismissed. These kinds of early results of the case related to, lawyers are involved directly in the arbitration shall be excluded. Arbitration system is the introduction of criminal justice agencies working to help resolve conflicts caused by adjustment problems will be able to. This article does not argue that we should stick to the traditional justice system as a whole. Instead it argues that the restrictive role of the traditional justice is to be preserved.

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The Efficient Education Program for the Activation of the ADR System (ADR제도 활성화를 위한 효율적인 교육프로그램에 관한 연구)

  • Lee, Kang-Bin
    • Journal of Arbitration Studies
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    • v.18 no.1
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    • pp.3-30
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    • 2008
  • This paper is to research the current status of ADR in Korea, the qualifications of mediator (or conciliator) and arbitrator, the ADR education program of major foreign arbitration-related institutions and the efficient management device of ADR education program for the activation of the ADR system. In 2007, arbitration applications received at the Korean Commercial Arbitration Board numbered 320 and the amount involved those cases was US$ 216 millions. Mediation applications received at the KCAB numbered 552 and the amount involved those cases US$ 29millions. As of December 2007, the total numbers of arbitrators on the KCAB Panel of Arbitrators was 978. There are no provisions for the qualification of arbitrator in the UNCITRAL Model Law on International Commercial Arbitration and Arbitration Act of Korea. The KCAB has the consolidation regulation of the Panel of Arbitrator of which purpose is to regulate the criteria and procedure regarding the drawing up and maintenance of the panel of arbitrators. The UK Chartered Institute of Arbitrators has the criteria and qualifications for membership of which three grades are associate, member and fellow. The American Arbitration Association has the qualification criteria for admittance to the AAA National Roster of Arbitrators and Mediators. The Japan Association of Arbitrators has the official authorization regulation for membership of which three grades are special associate, ordinary associate and fellow. The UK Chartered Institute of Arbitrators has the ADR education programs which are composed of the mediation courses and arbitration courses. The American arbitrators Association has the ADR education programs which are composed of in-person training and online training. The Japan Association of Arbitrators has the ADR education programs which are composed of the cultivation courses of conciliator and the practical training courses of arbitrator. The efficient management devices of ADR education program are as follows: the execution of official authorization system of arbitrator, the establishment of specialized division for training and official authorization, the establishment of ADR regular training courses, the publication of ADR training texts and obtaining of instructors, and the consolidation of regulations related to the official authorization of arbitrator and ADR training. In conclusion, for the activation of ADR system, the KCAB and Korean Association of Arbitrators should make further effort to provide the ADR regular education and training programs for potential and practicing conciliators and arbitrators.

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A Study on the SAR Measurement System Validation at 150 MHz Band (150 MHz 대역에서의 SAR 측정시스템의 유효성 연구)

  • Choi, Donggeun;Kim, Kihwea;Choi, Jaehoon
    • The Journal of Korean Institute of Electromagnetic Engineering and Science
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    • v.24 no.10
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    • pp.1008-1016
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    • 2013
  • SAR measurement which was applied only to the mobile phone has been expanded in the Korean radio regulation law to the portable wireless communication equipments within 20 cm from the human body since Jan. 2012. The two-way radio operating at 150 MHz frequency band was newly included following the revised radio regulation in the target equipment of measurement. SAR measurement system at 150 MHz satisfying this regulation is necessary accordingly for SAR conformity assessment. The international SAR measurement standard(IEC 62209-2) includes the evaluation method on frequencies above 300 MHz, and the commercial SAR measurement system can measure SAR above 300 MHz only. The size of the reference dipole antenna(760 mm, return loss: -27.57 dB) and flat phantom ($1,300 mm(L){\times}900 mm(W){\times}200 mm(H)$), targeted SAR values for numerical analysis(1 g: 1.08 W/kg, 10 g: 0.77 W/kg) for SAR validation evaluation at 150 MHz frequency are proposed in this paper. The suggested dipole antenna and flat phantom are assembled and used to verify the conformity assessment of commercial SAR measurement system. The measured SAR values of 1 g and 10 g were obtained respectively to be 1.13 W/kg, 0.81 W/kg, and they satisfied the effective range(within ${\pm}10$ %) of IEC international standard. The standards based on this study are expected to be used for the domestic SAR measurement standard and IEC(International Electrotechnical Commission) international standard.

Industrial Fluctuations and Locality of Busan with Records (기록으로 본 부산의 산업변동과 로컬리티)

  • Song, Jung-Sook
    • Journal of Korean Society of Archives and Records Management
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    • v.16 no.2
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    • pp.143-172
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    • 2016
  • This study analyzes the process of growth of Busan from a fishing village to the capital city of South Gyeongsang Province and the central city of transportation and commerce, and an industry with records. The results of the analysis are as follows: after the port opened in 1876, there has been a decline in settlement spaces in Dongnae; on the other hand, there has been an increase in migration spaces around the port of Busan. Waegwan (倭館) nearby Yongdusan Mountain (龍頭山) was changed to the Japanese concession; thus, the number of Japanese moving into Busan had rapidly increased. As a result, the Japanese government carried out reclamation work for securing available lands for the construction of port facilities and other facilities. The Japanese government built public offices and houses, as well as production facilities for daily necessities around the port of Busan. The opening of the Seoul Busan railway (京釜線) and the cross-channel liner between Busan and Shimonoseki (釜關連絡船) led to the growth of Busan and the development of its status. At this time, as the main industry of Busan was trade, Busan had grown as a commercial city. As Busan had grown as a central city of transportation and commerce, the provincial government building of Gyeongsangnam-do (慶尙南道) moved to Busan. Thus, Busan became the central city of local politics and administration. After the Land Survey Project, a large scale of farmers were recruited for low-wage work in the new port. Because of the abolition of the corporation law, Japanese capitalists moved into their colony in Busan. There, large-scale factories, such as the Joseon cotton textile factory, were established. Through this process, the locality of Busan was changed from a fishing village to a commercial city and, finally, to a city of commerce and industry.

A Study on Consumer Arbitration System by Empirical Analysis on Redemption for Consumer′s Claim (소비자피해구제 실태분석을 통한 소비자중재제도 도입방안 연구)

  • 김석철
    • Journal of Arbitration Studies
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    • v.12 no.1
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    • pp.207-239
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    • 2002
  • The redemption system for consumer's claim is intended to deal with the conflicts between consumers and firms in their transaction of goods and service ensuring consumer's basic right. In general, the redemption system for consumer's claim requires promptness of redemption, free charge of claim procedure for consumers and constructive response of firms. However, the current redemption system in Korea has some limitations in its authority in the sense that it has only the right for mediation of consultation and agreement and thus the involved consumer should forfeit his/her claim or should go to legal suit which requires high cost and time when the mediation work is failed between two parties. As it is shown in result of survey on empirical cases produced by the Consumer Dispute Mediation Committee in Consumer Protection Board of Korea in 2001, the 20.3% of total claims have failed to reach final mediation, while the BBB case in the U. S. has recorded 19% of arbitration success after its failure in mediation. Therefore, it is strongly recommended for Korea to augment current. arbitration system toward assuring firm's cost liability, the principle of quick procedure through agreement on arbitration upon consumer's request. It is thus prerequisite for firms to be armed with the concrete entrepreneurship of responsibility on cost liability. In conclusion, we suggest restructuring of currently existing institution, rather than establishing new one through substantial augmenting the role of Consumer Dispute Mediation Committee In Consumer Protection Board of Korea and enlarging its business criteria of The Korean Commercial Arbitration Board by progressive development of the consumer protection program through amendment of current law for consumer protection.

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Strength Properties and Elastic Waves Characteristics of Silicon Carbide with Damage-Healing Ability (손상치유 능력을 가지는 탄화규소의 강도 특성과 탄성파 특성)

  • KIM MI-KYUNG;AHN BYUNG-GUN;KIM JIN-WOOK;PARK IN-DUCK;AHN SEOK-HWAN;NAM KI-Woo
    • Proceedings of the Korea Committee for Ocean Resources and Engineering Conference
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    • 2004.05a
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    • pp.337-341
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    • 2004
  • Engineering ceramics have superior heat resistance, corrosion resistance, and wear resistance. Consequently, these art significant candidates for hot-section structural components of heat engine and the inner containment of nuclear fusion reactor. Besides, some of them have the ability to heal cracks and great benefit can be anticipated with great benefit the structural engineering field. Especially, law fracture toughness of ceramics supplement with self-healing ability. In the present study, we have been noticed some practically important points for the healing behavior of silicon nitride, alumina, mullite with SiC particle and whisker. The presence of silicon carbide (SiC) in ceramic compound is very important for crack-healing behavior. However, self-healing of SiC has not been investigated well in detail yet. In this study, commercial SiC was selected as sample, which can be anticipated in the excellent crack healing ability. The specimens were produced three-point bending specimen with a critical semi-circular crack of which size that is about $50-700{\mu}m$. Three-point bending test and static fatigue test were performed cracked and healed SiC specimens. A monotonic bending load was applied to cracked specimens by three-point loading at different temperature. The purpose of this paper is to report Strength Properties and Elastic Waves Characteristics of Silicon Carbide with Crack Healing Ability.

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Dynamic Modeling of Gasification Reactions in Entrained Coal Gasifier (석탄 가스화 반응의 동적 거동 전산 모사)

  • Chi, Jun-Hwa;Oh, Min;Kim, Si-Moon;Kim, Mi-Young;Lee, Joong-Won;Kim, Ui-Sik
    • Transactions of the Korean hydrogen and new energy society
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    • v.22 no.3
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    • pp.386-401
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    • 2011
  • Mathematical models for various steps in coal gasification reactions were developed and applied to investigate the effects of operation parameters on dynamic behavior of gasification process. Chemical reactions considered in these models were pyrolysis, volatile combustion, water shift reaction, steam-methane reformation, and char gasification. Kinetics of heterogeneous reactions between char and gaseous agents was based on Random pore model. Momentum balance and Stokes' law were used to estimate the residence time of solid particles (char) in an up-flow reactor. The effects of operation parameters on syngas composition, reaction temperature, carbon conversion were verified. Parameters considered here for this purpose were $O_2$-to-coal mass ratio, pressure of reactor, composition of coal, diameter of char particle. On the basis of these parametric studies some quantitative parameter-response relationships were established from both dynamic and steady-state point of view. Without depending on steady state approximation, the present model can describe both transient and long-time limit behavior of the gasification system and accordingly serve as a proto-type dynamic simulator of coal gasification process. Incorporation of heat transfer through heterogenous boundaries, slag formation and steam generation is under progress and additional refinement of mathematical models to reflect the actual design of commercial gasifiers will be made in the near futureK.