• Title/Summary/Keyword: Commercial Law

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A Study on the Adoption of Convention on the Use of Electronic Communications in International Contracts and its Application to the Arbitration Agreement (국제계약에서 전자통신의 이용에 관한 협약의 채택과 중재합의에의 적용에 관한 연구)

  • Lee, Kang-Bin
    • Journal of Arbitration Studies
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    • v.16 no.1
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    • pp.45-80
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    • 2006
  • The purpose of this paper is to make research on the method of arbitration agreement, the adoption and contents of the Convention on the Use of Electronic Communications in International Contracts, and the standpoint and problem with reference to the new Convention's application to the method of arbitration agreement in New York Convention. Last year the UN General Assembly and UNCITRAL adopted a new Convention on the Use of Electronic Communications in International Contracts that makes agreements by electronic communications enforceable, including arbitration agreements under the Convention on the Recognition and Enforcement of Foreign Arbitral A wards (New York Convention). Aimed at enhancing legal certainty and commercial predictability where electronic communications are used in relation to international contracts, the provisions of the Convention deal with, among other things, determining a party's location in an electronic environment; the time and place of dispatch and receipt of electronic communications; and the use of automated message systems for contract formation. Under the New York Convention, arbitration agreements in international contracts must be reduced to writing before they can be enforced. But under the new Convention, an arbitration agreement made entirely in electronic form would be enforceable. The working group expressed overall support in favor of the inclusion of a reference to the New York Convention in the new Convention. However, one proposal was that the exclusions provided under article 2 of the new Convention might be too broadly worded to adequately accommodate the New York Convention. In conclusion, Korea's government authorities should take prompt measures to sign and ratify the new Convention, and declare on the scope of its application. Also Korea's arbitration institute should make preparation for the amendment of the arbitration act and arbitration rules in accordance with the new Convention.

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A Study on a Rhabilitation Design, Decision Making and Housing Management Policies for Reuse of Deteriorated Apartments in Korea (노후아파트 재활용을 위한 건축디자인 의사결정 및 관리정책 연구)

  • Shon, Seung-Kwang;Cho, Hyung-Geun;Cho, Sun-Chul;Choi, Il
    • Journal of the Korean housing association
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    • v.13 no.5
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    • pp.77-88
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    • 2002
  • This article deals the investigations how to solve the social deficiencies of deteriorate apartments, which is a half cycle of a building and it goes slum clearance and redevelopment. And this proposes an active remodeling and design strategy, management, and housing policies for extending the usage of the resource. Most of apartment housing in Korea is built by the panel wall and slab structure system fur economic price. To remake is possible, even though not designed in flexibility and variation. The remodeling strategies are dwelling unification, transformation of two units to one or three units, addition of a room, changing into commercial and community required spaces, and reshaping of a envelop and facade by addition of a dwelling or dwellings, roof floors, change of materials and colors, and so on. And, all activities in structural aspect are proposed removal in upper part and addition in lower part of an apartment housing. Active remodeling cost a great deal compare to new construction, so any remodeling activities should be based on a minimal interfere and budgets to enhancing the quality in existing building. The final aim of an active remodeling is to enhance the quality in economic values, and to keep original state and to put on the new one in a small part. To promote the active and careful management and rehabilitation, it is necessary to give the positive incentive in terms of architectural law, bank loan, and any redevelopment project should get the remodeling record in national resources.

EVALUATION OF LAGRANGIAN AND EULERIAN APPROACHES FOR PREDICTION OF HEMOLYSIS IN BLOOD PUMPS (혈액펌프내 혈액 변성 예측에 대한 Lagrangian 및 Eulerian 기법의 평가)

  • Hong, S.;Son, C.;Kang, S.;Hur, N.;Kim, W.;Kang, S.H.
    • Journal of computational fluids engineering
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    • v.20 no.3
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    • pp.79-86
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    • 2015
  • A blood pump is an important part of a cardiac assist device. Since the shear rate in blood is known to be a primary factor on hemolysis generation, it has been very important to evaluate hemolysis inside blood pumps for understanding performance and reliability of cardiac assist devices. In this study, hemolysis generation inside blood pumps is analyzed using CFD with power-law based models for the blood damage index(BDI), in order to overcome difficulties in measuring hemolysis by experiment. The BDI values in blood pumps can be evaluated using Lagrangian or Eulerian approaches. In this study, several Lagrangian and Eulerian approaches are compared to estimate the efficiency of the numerical methods in a practice sense. It is found that the Eulerian approaches are advantageous in terms of the efficiency and robustness. Two different Eulerian approaches are used to evaluate the BDI values of a few commercial blood pumps. For the conditions of extracorporeal membrane oxygenator(ECMO) and ventricular assist device(VAD), local generation of hemolysis is analyzed using divided regions of blood pumps, in order to investigate the effects of the pump geometry.

Principal Conclusions of Timber Consumption Survey (목재(木材) 소비량(消費量) 조사(調査))

  • Shim, Chong-Supp;Lee, Yong-Dae
    • Journal of the Korean Wood Science and Technology
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    • v.10 no.3
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    • pp.194-195
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    • 1982
  • Recommendaton: These are the highlights of the findings of the Timber Consumption Survey carried out by the Project in 1966, and covering consumption for the period from 1961 to 1965. The survey was oriented towards consumption for structural, commercial and industrial purposes and existing estimates for local (village-level) consumption as fuel and the like were adopted. A full report on the survey was submitted to the Bureau of Forestry in 1966. Long-term Trends: After allowance for anticipated population increase, this ten year's increase in industrial wood consumption represents a gain of about 30% in per capita consumption (from 0.0913 cu.m. per capita to 0.118 cu.m. per capita). This is only about half the expected general economic growth of about 75% (7% per annum). It is therefore likely (a) that the 1975 estimate is conservative, (b) that the consumption demand beyond 1975 may be expected to build up at a greatly increased rate. Estimated income elasticity coefficients are high, and with expected ir,creases in prosperity and population, the consumption is expected to rise to 10 million cu. meters by the year 2,000. Consumption Pattern: The breakdown of industrial consumption (1965) is given in Table 4-2, showing sawnwood consumption as the most important in 1965. The upward trend in all sectors over the 1961-65 period is expected to continue. The general consumption pattern is expected to change through 1975 with a sharp increase in the relative importance of pulp products (to 30% of total consumption) offset by declining relative importance of sawlogs. The following recommendations follow from the study: (i) Industrial forests. - A programme of establishment of consolidated industrial forests should be initiated as a matter of urgency. (ii) Fuelwood forests - Properly sited, protected and managed fuelwood forest, worked on a 20-year rotation, should be established as a nation wide basis. (iii) Hardwood utilization - Detailed investigations are required into the use of indigenous hardwoods for the pulp, particle board and hardboard industries. (iv) Mining timber - Preservation treatment of all mining timber should be enforced by law. (v) Sawmills - Licencing restrictions should be enforced to reduce the number of small, inefficient sawmills. b. Extension work should be undertaken bv government to improve sawmilling practices.

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Analysis of Fuel Economy Sensitivity for Parallel Hybrid Bus according to Variation of Simulation Input Parameter (병렬형 하이브리드 버스의 시뮬레이션 입력 매개변수 변화에 따른 연비 민감도 분석)

  • Choi, Jongdae;Jeong, Jongryeol;Lee, Daeheung;Shin, Changwoo;Park, Yeong-Il;Lim, Wonsik;Cha, Suk Won
    • Transactions of the Korean Society of Automotive Engineers
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    • v.21 no.6
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    • pp.92-99
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    • 2013
  • High oil price and global warming problem are being continued all over the world. For this reason, fuel economy and emission of greenhouse gas are regulated by law in many countries. Therefore many companies are researching and producing hybrid electric vehicles (HEVs) which substitute conventional internal combustion engine vehicle. However, these researches and productions are restricted to mainly passenger cars. Because of cost and physical problems, commercial vehicles are difficult to evaluate fuel economy. So simulations are important and it is necessary to know how sensitive parameters that enter into simulation affect. In this paper, forward simulations using AVL Cruise were conducted for analysis of fuel economy for parallel hybrid bus and were repeated by changing each parameter. Based on these results, root mean square errors (RMSE) are calculated for analysis of fuel economy sensitivity. The number of target parameters are 15. These parameters were classified with high and low sensitivity parameter relatively.

A Study on the Damage of Delay in Delivery in Maritime Code of P. R. China (중국(中國) 해상법상(海商法上) 인도지연손해(引渡遲延損害)에 관한 소고(小考))

  • Ma, Yanqiu;Hwang, Seok-Kap
    • Journal of the Korean Institute of Navigation
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    • v.25 no.2
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    • pp.195-205
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    • 2001
  • It has been over seven years since Maritime Code of the Peoples Republic of China (hereinafter called the Code) came into force on July 1st 1993. During this period it has played a very important roll in governing Chinas ocean shipping. However, owing to the defects of the Code, many problems have arisen in the performance of the Code, among which is the problem related to delay in delivery. Therefore, it is necessary and inevitable to revise the Code. This study is limited to a rough study on the regulations related to delay in delivery in the Code, such as the definition of delay in delivery, the carriers responsibility for delay in delivery, the carriers exemption from responsibility for delay in delivery, the limitation of responsibility, the procedures of claims for delay in delivery and the difference of the Code from the Korea Commercial Law, the Hague Rules, the Hague-Visby Rules and the Hamburg Rules. Furthermore, some defects in the Code are pointed out and suggestions are provided for the revision of the Code.

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Dispute Resolution of West and East German Trade and Internal-Korean Economic Relations (동서독 상사분쟁해결방안이 남북한 분쟁해결에 주는 시사점)

  • Jeong Sun-Ju
    • Journal of Arbitration Studies
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    • v.15 no.1
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    • pp.27-66
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    • 2005
  • From the reunification of Germany we can learn much for the reunification of Korea. That particularly applies for the dispute resolution of the trade relations between both states. The domestic trade relation, which was the only contractually regulated relation between two states for a long period of time, played a crucial role in the reunification of Germany, In this research paper, we examine how the economic disputes in divided Germany had been settled, and consider for the amicable economic relations between south and north Korea, what can we learn from that. In Germany, the disputes from the trade relations could be settled via the civil procedure, because the judicial codes of both German states were the same until 1975, However, that does not apply in Korea, as two Koreas have another law and another court system, from the start. We argue that arbitration is the best way for the completion of the economic disputes. Besides the general advantages of the arbitral procedure, the arbitration is particularly suitable to regulate the economic disputes from Korea-Korea relations, because of glaring differences of the legal status and reality of both countries. Furthermore, the standing arbitral tribunals would be in the economic relations between two Koreas more effectively than the ad-hoc arbitral tribunals. The ad-hoc arbitration generally requires a lot of time to setting up an arbitral Oibunal. For the rapid and obligatory settlement of dispute, the Convention of Currency, Economic and Social Union between West and East Germany 1990(Staatsvefrag zur Wahrungs-, Wirtschafts- und Sozialunion zwischen der Bundesrepublik und der DDR) also planned the institutional arbitration. The organizational support of the internal-Korean arbitration can take place via already existing institution, namely in south Korea 'The Korean Commercial Arbitration Board' Periodic decision reports and publication of substantial awards at the early stage seem appropriate.

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Physicochemical and Rheological Properties of a Novel Emulsifier, EPS-R, Produced by the Marine Bacterium Hahella chejuensis

  • Yim Joung Han;Kim Sung Jin;Aan Se Hoon;Lee Hong Kum
    • Biotechnology and Bioprocess Engineering:BBE
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    • v.9 no.5
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    • pp.405-413
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    • 2004
  • The rheological properties of an exopolysaccharide, EPS-R, produced by the marine bacterium Hahella chejuensis strain 96CJ 10356 were investigated. The $E_{24}$ of $0.5\%$ EPS-R was $89.2\%$, which was higher than that observed in commercial polysaccharides such as xanthan gum ($67.8\%$), gellan gum ($2.01\%$) or sodium alginate ($1.02\%$). Glucose and galactose are the main Sugars in EPS-R, with a molar ratio of ${\~}1:6.8$, xylose and ribose are minor sugar components. The average molecular mass, as determined by gel filtration chromatography, was $2.2{\times}10^3$ KDa, The intrinsic viscosities of EPS-R were calculated to be 16.5 and 15.9 dL/g using the Huggins and Kraemer equations, respectively, with a 2.3 dL/g overlap. In terms of rigidity, the conformation of EPS-R was similar to that of caboxymethyl cellulose ($5.0{\times}10^{-2}$). The rheological behavior of EPS-R dispersion indicated that the formation of a structure intermediate between that of a random-coil polysaccharide and a weak gel. The aqueous dispersion of EPS-R at concentrations ranging from 0.25 to $1.0\%$ (w/w) showed a marked shear-thinning property in accordance with Power-law behavior. In aqueous dispersions of $1.0\%$ EPS-R, the consistency index (K) and flow behavior index (n) were 1,410 and 0.73, respectively. EPS-R was Stable to pH and salts.

A Study on the Hydriding Reaction of Pre-oxidized Zr Alloys (산화막을 입힌 지르코늄 합금의 수소화 반응에 관한 연구)

  • Kim, Sun-Ki;Bang, Je-Geon;Kim, Dae-Ho;Lim, Ik-Sung;Yang, Yong-Sik;Song, Kun-Woo
    • Journal of the Korean Ceramic Society
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    • v.47 no.2
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    • pp.106-112
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    • 2010
  • This paper presents some experimental results on incubation time for massive hydriding of Zr alloys with oxide thickness. Oxide effects experiments on massive hydriding reaction of commercial Zr alloy claddings and pre-oxidized Zr alloys with hydrogen gas were carried out in the temperature range from 300 to $400^{\circ}C$ with thermo-gravimetric apparatus. Experimental results for oxide effects on massive hydriding kinetics show that incubation time is not proportional to oxide thickness and that the massive hydriding kinetics of pre-filmed Zr alloys follows linear kinetic law and the hydriding rate are similar to that of oxide-free Zr alloys once massive hydriding is initiated. There was a difference in micro-structures between oxide during incubation time and oxide after incubation time. Physical defects such as micro-cracks and pores were observed in only oxide after incubation time. Therefore, the massive hydriding of Zr alloys seems to be ascribed to short circuit path, mechacical or physical defects, such as micro-cracks and pores in the oxide rather than hydrogen diffusion through the oxide resulting from the increase of oxygen vacancies in the hypostoichiometric oxide.

The Problems and Reform Measures of Conflict Resolutions related to Constructions through ADR (ADR 에 의한 건설분쟁해결의 문제점과 개선방안)

  • Kim, Sang-Chan
    • Journal of Arbitration Studies
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    • v.21 no.1
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    • pp.87-107
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    • 2011
  • There are two methods to resolve conflicts related to constructions which are through lawsuits and ADR (Alternative Dispute Resolution) just like any other conflicts. Along with the special characteristics pertaining to the conflicts related to constructions, the advantages that ADR is in possession of such as its cost, duration and professionalism, resolving conflicts through ADR has been considered to be more logical than any other options recently. In Korea's case at present, the resolution of conflicts regarding constructions through ADR is mostly dependent on administrative mediation or through arbitration. However, in the case of the administrative mediation, its usage rate is very low due to problems caused by problems in its running and effectiveness. In the case of arbitration, the services of the Korean Commercial Arbitration Board is comparatively used more but because of the fact that arbitration relies on a single trial system and the fact that its executive powers while having the same effectiveness as the final ruling does not get acknowledged leads to the phenomena of avoiding its usage. In addition, in relation to the selective arbitration clause, the problem of effectiveness of the arbitrative agreement is becoming a hindrance to the activation and promotion of the arbitration process. Furthermore, in the case where the ordering body is the government, the public servant involved in the case avoiding the arbitration process because of concerns of being penalized by the internal and external audit within the institution is becoming a problem as well. These problems are not only limited to conflicts regarding constructions and there needs to be actions taken to promote the activation of ADR by enacting a basic law. The more important issue at hand however is offering a resolution measure that would be the most appropriate for users and this could probably be done only through actions such as implementing the American partnering system or the dispute adjudication board system so that they can supervise the resolution of conflicts through mediation, arbitration, and assistance as well as offering consultations regarding conflicts related to constructions.

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