• Title/Summary/Keyword: Commercial Law

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A Study on the Recognition and Enforcement of Arbitral Awards Applied Public Policy by Chinese Court (중국 법원의 중재판정 승인 및 집행에서 공공질서 적용에 관한 연구)

  • Ha, Hyun-Soo
    • Journal of Arbitration Studies
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    • v.21 no.3
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    • pp.115-136
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    • 2011
  • In the past, Chinese arbitral system and Chinese arbitral associations were avoided by international society due to the cases which Chinese court rejected the recognition and enforcement of foreign arbitral awards based on rural protection. Especially Chinese court adjudicated to reject the recognition and enforcement of arbitral awards by interpreting public policy broadly. The abuse of public policy by court threats the existence of commercial arbitration system. Under this awareness, the author figured out Chinese court shows what kind of attitude about public policy of Chinese court in the present through analyzing the cases about rejection of enforcement in Chinese arbitral awards in order to analyze whether Chinese court still maintain the negative attitude like past or there exist changes with public policy which is one of the rejection reasons of recognition and enforcement in foreign arbitral awards as the central figure. Chinese court behaved in an uncooperative attitude about arbitral awards like that it reached a verdict to reject the enforcement of arbitral awards by reason of violation in public policy about several foreign arbitral awards at the beginning stage of establishing arbitration law. However, the situation of abuse in public policy was improved a lot by Chinese prime court which enforces pre-inspection system about judgment of rejection of enforcement in arbitral awards. So, there is no case about rejecting the approval and enforcement of arbitral awards by reason of violation in public policy by Chinese court except Yongning Co. case. Moreover, Chinese court got the trust and support from other countries through reinforcement of applied standard. However, Chinese court had been expressed concern from international society because they highly applied public policy and rejected to enforce arbitral awards in the recent case of Yongning Co.. Therefore, this study examined whether it is appropriate to apply public policy of Chinese court in the case of Yongning Co., and then I concluded that. Although Yongning Co. case is the first case which Chinese prime court agrees with public policy by reason of rejection of approval and enforcement in foreign arbitral awards, in my opinion, it doesn't mean that Chinese court has fundamental change in basic attitude and position about the approval and enforcement of foreign arbitral awards. Chinese court keeps the cautious uses of public policy in legal judgment of foreign arbitral awards and it looks like implementing the obligation in regulation of New York Convention sincerely.

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Effective Components of Commercial Enzyme Food Products and Their HACCP Scheme (시판 효소식품의 유용성분과 HACCP 관리 방안에 관한 연구)

  • Lee, Eun-Joo;Lee, Cherl-Ho
    • Korean Journal of Food Science and Technology
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    • v.33 no.4
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    • pp.461-468
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    • 2001
  • The effectiveness and safety of Enzyme Food, a group of dietary supplements designated by Korean Food Law, were evaluated and the possibility of HACCP (Hazard Analysis Critical Control Point) application was investigated. Chemical composition, enzyme activities and the degree of bacterial contamination in 12 samples of different brands sold in Korean market were measured. The chemical composition of the selected products varied and inconsistent to those claimed in the label description. It is known that effectiveness of Enzyme Food depends on enzyme activity, but enzyme activities of ${\alpha}-amylase$ varied from $1,793\;{\mu}g/min$ g to $159\;{\mu}g/min$ g and those of ${\beta}-amylase$ ranged from $171\;{\mu}g/min$ g to $11\;{\mu}g/min$ g. The protease activities varied from $27.57\;{\mu}g/min$ g to $0.18\;{\mu}g/min$ g. In coli-form bacterial test, positive reactions were appeared in the 50 % of the samples. Numbers of bacteria ranged from $1.3\;{\times}\;10^5\;to\;1.2\;{\times}\;10^9$. Five CCPs were identified; heating, inoculation, cultivation, drying and granulation. Consideration of HACCP system indicated that the pretreatment of raw material, checking of bacterial contamination and stability of enzyme activity during fermentation process were important factors for the quality of Enzyme Foods.

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A Study on the Weight-Reduction Design of High-Speed Maglev Carbody made of Aluminum Extrusion and Sandwich Composite Roof (알루미늄 압출재와 샌드위치 복합재 루프를 적용한 초고속 자기부상 열차의 차체 경량화 설계 연구)

  • Kang, SeungGu;Shin, KwangBok;Park, KeeJun;Lee, EunKyu;Yoon, IllRo
    • Transactions of the Korean Society of Mechanical Engineers A
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    • v.38 no.10
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    • pp.1093-1100
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    • 2014
  • The purpose of this paper is to suggest a weight-reduction design method for the hybrid carbody of a high-speed maglev train that uses aluminum extrusion profiles and sandwich composites. A sandwich composite was used on the roof as a secondary member to minimize the weight. In order to assemble the sandwich composite roof and aluminum extrusion side frame of the carbody using welding, a guide aluminum frame located at the four sides of the sandwich composite roof was introduced in this study. The clamping force of this guide aluminum frame was verified by three-point bending test. The structural integrity and crashworthiness of the hybrid carbody of a high-speed maglev train were evaluated and verified according to the Korean Railway Safety Law using a commercial finite element analysis program. The results showed that the hybrid carbody composed of aluminum extrusion frames and a sandwich composite roof was lighter in weight than a carbody made only of aluminum extrusion profiles and had better structural performance.

A Study on Improvement of Test & Evaluation of Vehicle Part in Mixed Equipment and Defense Industrial Technology (혼성장비 차량부 시험평가 및 방위산업기술 보호 제도 개선에 관한 연구)

  • Yoon, Heung-Soo;Ryu, Yeon-Seung
    • Journal of the Korea Convergence Society
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    • v.9 no.7
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    • pp.241-249
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    • 2018
  • The military purpose vehicles are developed by using the platform of civil vehicles according to the commercial vehicle expansion plan and military supplied product commercialization policy. But the information related to the military purpose vehicle which adopts the same platform with the civil vehicle is forced to be exposed because its information is revealed by containing into the maintenance manual and electric circuit diagram. Especially, the information disclosure should be blocked by reviewing the application of technology protection because the military vehicle becomes combating purposed mixed equipment when the missile and radar are mounted. The mixed equipment means the one configured with more than 2 types of equipment, and it is categorized into the main and sub equipment. This study was performed to derive the problems in Korean system for vehicle part test evaluation on the mixed equipment and the defense industry technology protection system, and to derive the methods for improving through interviews with the specialists. The conflicts between the civil laws and army regulation were reduced by adding a clause that the engine reflected with the newest emission gas standard should be mounted based on the time of force integration, and the commercialized military supplies were designated as element technology of defense industry technology in consideration of its roles and functions.

A Study on the Management of the Indian Ocean Tuna Fishing Grounds (인도양 다랭이어업의 어장관리에 관한 연구)

  • Gong, Yeong;Park, Yeong-Chull;Yang, Won-Seok;Lee, Je-Hu
    • The Journal of Fisheries Business Administration
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    • v.18 no.1
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    • pp.59-97
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    • 1987
  • Tuna and tuna fishing extend over most of the tropical waters of the world oceans, especially, this study of the Indian Ocean and the fish and the fishing vessels are highly mobile. No country can deal in isolation with the problems of its tuna fishery and of any tuna fishery in its waters, without collaborating with other countries. This cooperation is often best established through some formal international mechanism. The essential requirements are for information-on the resources, the fishery, the trade-and to identify where management actions are needed to consore the resources or to maintain the economic or social function of the fishery. These will also usually require some form of international mechanism. With the changes in the Law of the Sea, the siuuation in respect of management of tuna-considered among the highly migratory species, requirng special treatment-has also changed. At present there are both uncertainty regarding tuna management and political arguments as to how such management can be best implemented. Bearing this in mind, together with the fact that only few tuna stocks have shown clear evidence of serious depletion through over-exploitation, present emphasis will be placed on information requirements. This study included compiling the data necessary to review the state of stoks in the Indian Ocean tuna fishing grounds. Information on the resources-where the fish are, their quantity, their movements, etc. is important, whether in planning development of new fisheries, or considering the need for collaboration with other countries (in ascertaining to what extent their catches may affect catches of the natoinal fleet) or for conservation measures. A major source of information is the statistics of for conservation measures. A major source of information is the statistics of catch and fishing effort from existing commercial vessels. These need to be assembled for all fisheries on the same stock on an oceanwide basis. The statistical data also need to be analysed and intepreted, and combined with biological data(e.g., on growth, mortality and migration rates) to provide information that is intelligible and useful for administrators and other decision-makers. This must also be undertaken on a resource-wide or ocean-wide basis. Finally, because of the world-wide similarities in the methods of datching, processing and marketing fish, there is a particular tut not exclusive need in those countries just beginning to develop their tuna fisheries-to have ready access to a syntheis of information on tuna, tuna biology and tuna fisheries and tuna fisheries economics and management on the Indian Ocean.

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The Devices for Improvement against the Precedents about unfair Transactions in the Security Industries (경비업계에 있어서의 불공정거래의 사례 개선방안)

  • Kim, Tae-Wan
    • Korean Security Journal
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    • no.11
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    • pp.37-60
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    • 2006
  • The area of security service has been maintaining the high growth curve annually by improving security consciousness from increase of the income and the progress of public services's level by the accomplishment in the info-communication field, recently the demand for unmanned security system is extended form commercial purposes into public offices and individual's houses. In addition to, the possible distance of offering services is scheduled to magnify. At the period when security company's influence has been becoming significant, the injustice transaction is the serious factor which obstructs the development of security companies. Therefore, it is urgent thing to devise counterplans to extirpate injustice transactions. There are the legalistic approaches of the breakthroughs against injustice transactions. One thing is settling the standard of the judgment and the other is renovating the provision of injustice transactions. Utilizing the principles of the fair competitions and importing self-obedience programs within the range of trade actions which is permitted by law, acted as the system approach. Moreover, there are such three things which can achieve mutual balances as establishing the range of the permitted action toward business corporations, applying spontaneously the fair competition principles and introducing the system of standard agreements. Gong further, this can establish order of security service areas and control them. Besides, it is possible for every organizations to make and operate the system appropriately by importing the self-observance system.

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A Study on Exhibitional Suicide and Its Prevention (현시성 자살과 그 예방에 관한 고찰)

  • Park, Jin-Ho;Kwak, Jyung-Sik
    • Journal of forensic and investigative science
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    • v.1 no.2
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    • pp.20-30
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    • 2006
  • An exhibitional suicide is a case of death that the purpose is to demonstrate one's own real intention for others. This exhibitional suicide has a few characteristics that are different from a suicide: seriousness of suicide intention, a method of suicide attempt, and the place of a suicide. In other words, an exhibitional suicide lacks suicide intention, uses a slower method of death, and attempts a suicide at the place which others can easily find. In this light, this paper ascertains that a fair number in poisoning deaths are an exhibitional suicide on the basis of the result of an autopsy by department of forensic medicine school of medicine, Kyungpook National University. The research also confirms that juveniles and women attempt a suicide as often as adults and men, and a great number of suicides are indeed an exhibitional suicide. In terms of a commercial law, many specialists see an exhibitional suicide as an accidental death. However, if we consider an exhibitional suicide as an accidental death, we cannot verify the authenticity of death in an accident. In addition, if we observe the purpose of insurance and suicide exemption period of insurance company, we rather get to know to distinguish an exhibitional suicide from an accident. According to the research, most of the exhibitional suicide results from little or no-relation with others. Therefore, a little interest from family, friend, and neighbor plays a pivotal role in preventing this suicide. Finally, an effort to build database concerning an exhibitional suicide by a psychological autopsy will help people access a plenty of statistical materials and facilitate further study about an exhibitional suicide.

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AC transport current loss analysis for a face-to-face stack of superconducting tapes

  • Yoo, Jaeun;Youm, Dojun;Oh, SangSoo
    • Progress in Superconductivity and Cryogenics
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    • v.15 no.2
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    • pp.34-38
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    • 2013
  • AC Losses for face to face stacks of four identical coated conductors (CCs) were numerically calculated using the H-formulation combined with the E-J power law and the Kim model. The motive sample was the face to face stack of four 2 mm-wide CC tapes with 2 ${\mu}m$ thick superconducting layer of which the critical current density, $J_c$, was $2.16{\times}10^6A/cm^2$ on IBAD-MgO template, which was suggested for the mitigation of ac loss as a round shaped wire by Korea Electrotechnology Research Institute. For the calculation the cross section of the stack was simply modeled as vertically aligned 4 rectangles of superconducting (SC) layers with $E=E_o(J(x,y,t)/J_c(B))^n$ in x-y plane where $E_o$ was $10^{-6}$ V/cm, $J_c$(B) was the field dependence of current density and n was 21. The field dependence of the critical current of the sample measured in four-probe method was employed for $J_c$(B) in the equation. The model was implemented in the finite element method program by commercial software. The ac loss properties for the stacks were compared with those of single 4 cm-wide SC layers with the same critical current density or the same critical current. The constraint for the simulation was imposed in two different ways that the total current of the stack obtained by integrating J(x,y,t) over the cross sections was the same as that of the applied transport current: one is that one fourth of the external current was enforced to flow through each SC. In this case, the ac loss values for the stacks were lower than those of single wide SC layer. This mitigation of the loss is attributed to the reduction of the normal component of the magnetic field near the SC layers due to the strong expulsion of the magnetic field by the enforced transport current. On the contrary, for the other case of no such enforcement, the ac loss values were greater than those of single 4cm-wide SC layer and. In this case, the phase difference of the current flowing through the inner and the outer SC layers of the stack was observed as the transport current was increased, which was a cause of the abrupt increase of ac loss for higher transport current.

Development of UAV Flight Control Software using Model-Based Development(MBD) Technology (모델기반 개발기술을 적용한 무인항공기 비행제어 소프트웨어 개발)

  • Moon, Jung-Ho;Shin, Sung-Sik;Choi, Seung-Kie;Cho, Shin-Je;Rho, Eun-Jung
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.38 no.12
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    • pp.1217-1222
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    • 2010
  • This paper describes the Model-Based Development(MBD) process behind the flight control software of a close-range unmanned aerial vehicle(KUS-9). An integrated development environment was created using a commercial tool(MATLAB $Simulink^{(R)}$), which was utilized to design models for linear/nonlinear simulation, flight control law, operational logic and HILS(Hardware In the Loop Simulation) system. Software requirements were validated through flight simulations and peer reviews during the design process, whereas the models were verified through the application of a DO-178B verification tool. The integrity of automatically generated C code was verified by using a separate S/W testing tool. The finished software product was embedded on two different types of hardware and real-time operating system(uC/OS-II, VxWorks) to perform HILS and flight tests. The key findings of this study are that MBD Technology enables the development of a reusable and an extensible software product and auto-code generation technology allows the production of a highly reliable flight control software under a compressed time schedule.

Mycelial growth properties of an Amanita javanica strain under various culture conditions (노란달걀버섯 균주의 여러 환경 조건에 따른 균사 생장 특성)

  • Kang, Jung-A;Ka, Kang-Hyeon;Kim, Jun Young;Yoon, Seong-Tak;Kim, Seong Hwan
    • Journal of Mushroom
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    • v.17 no.4
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    • pp.191-196
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    • 2019
  • The edible ectomycorrhizal mushroom Amanita javanica is a valuable species protected by forest law in Korea. However, basic characterization data on its use as an important forest resource has been limited. This study was performed to determine mycelia growth characteristics of the domestically isolated Amanita javanica strain NIFoS 1267 on potato dextrose agar media under diverse culture conditions. Physical factors temperature, pH, and light, as well as chemical factors salts, heavy metals, and pesticides were examined for their effects on the growth of the mushroom strain. The mycelia of A. javanica strain exhibited optimal growth when cultured in dark at 30℃ in media with a pH of 5-6. Normal levels of growth were observed in media containing up to 2% saline. At a heavy metal ion content of 50 ppm, mycelial growth was not affected by arsenic ion but was affected by cadmium and lead ions. In the tests performed with two pesticides used in Korean forests, the growth of the mushroom strain was not affected by the presence of abamectin, but was inhibited in media containing acetamiprid, emamectin benzoate, or thiacloprid. These results are expected to facilitate artificial cultivation of A. javanica as a new commercial product.