• 무역상무연구
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• 제27권
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• pp.29-65
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• 2005

Northeast Asian economies have achieved high levels of growth due to a stable economic environments and economic policy reforms for free trade. As Northeast Asia has been risen as big bloc in the world and in the future in case free trade agreement could be concluded, trade volume could be increased dramatically. And it is evident that disputes will be increased in Northeast Asian economic bloc. Arbitration must be popular in resolving international commercial disputes in Northeast Asian bloc in order to increase the volume of intra-trade in the bloc. Through arbitration, the parties can have full autonomy and can resolve disputes independently, impartially and without delay. But in order for the parties to make use of arbitration in the bloc, they must be fully aware of the arbitration laws of Northeast Asian nations in view of the similarity and difference of the laws. Therefore, this paper deals with arbitral award in Northeast Asian Nations' arbitration laws in view of comparative law.

• 무역상무연구
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• 제12권
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• pp.327-348
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• 1999

Insurance lawyers have been curiously uninterested in the legal aspects of the use of insurance in export sales. It is an area which shows several doubtful points and some difficulties. According to the law of international sales and commercial credits, the primary question is whether the insurance contracts and documents that are produced satisfy the requirements of the sales and the credit contracts. From the point of view of insurance law, the question is how the insurance arrangements can be made to fit those requirements. The purpose of this study is to review problems that may occur in insuring cargoes in export sales.

• 무역상무연구
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• 제18권
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• pp.7-25
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• 2002

Owing to a tremendous progress of information technology we have faced a great change of a society. This change has happened to almost all of a society. As a result intangible goods are also included as a major concern in international trade. We may say U.S. is one of the countries transaction of software is the most flourishing. I have tried to classified the cases of software transaction in U.S. into five groups. As a result I have known the UCC had been applied to the almost transaction of standard software. However UCC had not been applied to custom software and data processing. In these days UCITA which is very similar to a previous proposal UCC 2B has been presented. This is a contract law that would apply to computer software, multimedia products, and databases. It has been designed to create a uniform commercial contract law for those products. Now therefore we should make observation of a tendency about transaction of software in U.S. The reason is that we pay attention to the symbol and dormant power of U.S. in international trade.

• 한국자동차공학회논문집
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• 제6권6호
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• pp.98-106
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• 1998

In this study a control law and performance potential of semi-active suspensions for a tractor/semi-trailer have been investigated. The control law for airbag semi-active suspensions modeled in this study is developed using feedback linearization and Linear Quadratic (LQ) optimal control method. Inherent nonlinearity of the airbag suspensions has been considered in the control law development. It has been shown that the proposed semi-active control law provides better performance than that of well known sky-hook damping control strategy.

• 무역학회지
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• 제44권6호
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• pp.201-216
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• 2019

At present, there are various standards used as the governing law of contracts for establishing, implementing, and resolving disputes between the parties to international sales contracts, called "Forum Shopping." Uncertainty and increased transaction costs, which may arise from these various norms, may hinder the activation of international commerce. This study examines the process of enacting and examining various international unification norms that have emerged through international organizations to eliminate trade barriers caused by choice of governing law concerning parties involved in the international sale of goods. Issues regarding the positive and negative perspectives are discussed to identify obstacles to international unification norms. In particular, by comparing and analyzing the differences between the regulations of the CISG and PICC, the representative international unification norms on international sales contracts, the possibility of unification of the norms on international sales contracts are reviewed. Direction for the establishment of a single international regulation is presented for reducing the transaction costs and uncertainties in the international sale of goods.

• 한국수자원학회논문집
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• 제34권1호
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• pp.31-43
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• 2001

상용관로에서의 마찰 계수는 관의 종류, 관의 크기에 따라 아주 폭넓게 변한다. 지금까지 여러 연구자들에 의하여 개발된 방법으로 정밀하게 여러 가지 마찰 계수를 산정할 수 있지만 일반적으로 간단한 경우의 해를 구하기 위해서는 반복적인 시산이 요구된다. 지수형 산정식은 양해적으로 그 해를 도출할 수 있으므로 직접적으로 해를 구하는 기법의 발전을 위하여 많이 적용되어 지고 있다. Hazen-Williams 방정식은 여러 다양성을 고려치 않았으며 단지 관의 거칠기 또는 관종에 대하여 고려하는 제한성을 보여주고 있다. 그러나 본 연구에서 사용되어지는 지수형 산정식의 매개 변수들은 폭 넓은 범위의 정밀한 해를 구하기 위하여 관의 크기, 레이놀즈수, 관의 종류를 포함한 다양성을 가질 수 있도록 허용하였다. 또한 상용관 설계를 위한 양해법 산정식을 개발하는데 있어 부차손실을 고려하였다.

• 무역상무연구
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• 제33권
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• pp.121-144
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• 2007

The International Chamber of Commerce has been the world's leading organization in the field of international commercial dispute resolution. Established in 1923 as the arbitration body of ICC, the International Court of Arbitration has pioneered international commercial arbitration as it is known today. The ICC International Court of Arbitration is the world's foremost institution in the resolution of international business disputes. While most arbitration institutions are regional or national in scope, the ICC Court is truly international. The purpose of this paper is to examine their advantages and to introduce main contents provided in ICC Rules of Arbitration as follows; First, before the actual merits of the case can be addressed, the Arbitral Tribunal must first draw up the Terms of Reference. The Terms of Reference should include the particulars listed in the ICC Rules. Apart from the full names and description of the parties and arbitrators, the place of arbitration and a summary of the parties' respective claims, they contain particulars concerning the applicable procedural rules and any other provisions required to make the Award enforceable at law Second, the Scrutiny is a fundamental feature of ICC arbitration and is one that distinguishes it from the other major international arbitration rules. The scrutiny system has two aspects ; the first is to identify or modify the defects of form, while the second is to draw the arbitrators' attention to points of substance. Third, as soon as practicable, the Court fixes an advance on costs intended to cover the estimated fees and expenses of the arbitrators, as well as the administrative expenses of ICC. Specially, the advance on costs fixed by the Court shall be payable in equal shares by the Claimant and Respondent. Finally, the parties are also free to select the arbitrator or arbitrators of their choice. The Court or the Secretary General confirms arbitrators nominated by the parties. Taking a step forward, to upgrade the quality of the award of KCAB, it is desirable to consider how to incorporate the main contents of the ICC Arbitration into Korea Commercial Arbitration Rules.

• 무역상무연구
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• 제51권
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• pp.159-185
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• 2011

This paper is intended to discuss the controversial issue of the principles of change circumstances under the legal system of international commercial transactions. The principles of change circumstances, so called clausula rebus sic stantibus is the legal doctrine allowing for treaties to become inapplicable because of a fundamental change of circumstances. It is essentially an "escape clause" that makes an exception to the general rule of pacta sunt servanda (promises must be kept). The practical needs of international transactions differ from the established concepts of national contracts law. The purpose of this paper is to analyze the legal system and theories under the regimes of international commercial transactions such as the CISG, the PICC, and the PECL. Clausula rebus sic stantibus does not apply if the parties to a treaty had contemplated for the occurrence of the changed circumstance. It only relates to the changed circumstances that were never contemplated by the parties. This paper has shown that the hardship provisions in the CISG, PICC, PECL has similarities to each a validity defense and an excuse defense. it was provisions that CISG governs this issue in Article 79, PICC Article 6.2.1, 6.2.2, 6.2.3(in addition to Article 7.1.7), PECL Article 6.111(in addition to 8.108). It is time when we should reconsider its legal system with great interest in order to harmonize with the international standpoint. It will be the turning point of our viepoint under the international commercial transactions.

• 기록학연구
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• 제47호
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• pp.197-225
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• 2016

우리 기록공동체는 규제완화를 명분으로 기록관리의 본령을 위축시키고자 하는 시도에 지속적으로 대응해왔으며, 이런 시도들을 현안이라고 불러왔다. 2015년에는 민간시설이 공공기관의 기록물보존업무를 수행하도록 허용하는 것을 골자로 하는 공공기록법 개정안이 현안이 되었다. '공공기관의 기록물관리 효율성을 제고'한다는 법 개정 이유 등 주요 쟁점을 놓고 주요 이해관계당사자들의 입장과 해석이 달라 큰 혼란이 야기되었다. 이 개정안은 2016년 1월 현재 국회에 계류 중이며, 이번에 통과되지 않을 수도 있다. 그러나 이와 유사한 이러한 위험한 시도가 계속될 것으로 예측된다. 따라서 이 논문은 '민간시설 활성화를 위한 공공기록법 개정 현안'의 진행과정에서 드러난 주요 쟁점을 검토하고, 향후 과제를 확인하기 위한 목적으로 작성되었다. 진행경과를 살펴보고, 쟁점사항을 검토한 후, (1) 균형 있는 기록생태계의 발전, (2) 전자기록 관리체제의 검토, (3) 공공기록법의 선제적 정비, 그리고 (4) 기록공동체 내부의 소통방식 개선 등의 향후 과제를 제안하였다.

• 기술사
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• 제41권3호
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• pp.30-34
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• 2008

Recently problems of soil and groundwater contamination occur in major construction sites of highway, dam and railways. Contaminants of oil fuels are also detected in the former fuel storage facilities of railroad station and army troops of transportation, etc. These facilities are planned as the sites of commercial infrastructures after restoration from pollutants by the law of soil environment conservation of Korea. In this manuscript, the contents of soil environment conservation law including soil assessment and restoration technology are introduced. Recent changes of soil environment area are also analyzed.