• 한국압력기기공학회 논문집
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• 제8권3호
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• pp.23-27
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• 2012

A seawater pumps in the nuclear power plant is responsible for providing cooling water to other components all the time. Because of the depreciation, the seawater pump with current impeller consumes too much power for maintaining the total head. Therefore the objective of this study is to reduce power with maintaining certain the total head by cutting the current impeller. By using a commercial CFD code, FLUENT, the overall performance of seawater pump with current and modified impeller was simulated. Also Affinity law was applied at pumps with various impeller diameter and evaluated the validity of the affinity law. The numerical results show that the pump efficiency is quite irrelevant to the diameters of the impellers and the pump efficiency becomes worse over the designed flow rate. And affinity law result and numerical one show good agreements at small change of impeller diameter. One of the impeller diameters was decided to modify and was applied to the nuclear power plant with the numerical study above.

• 국토계획
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• 제53권6호
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• pp.5-18
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• 2018

While the zoning system has been developed based on the rationale of separated and specialized land uses to prevent negative externalities in the modern industrial era, the emergence of office-based new industries in the post-industrial era rather encourages mixed land uses to create agglomeration economies. This study aims to find historical basis to justify the reform of zoning system to promote both specialized and mixed land uses. When the zoning system was first introduced in Japanese colonial period by Chosun Planning Ordinance enacted in 1934, Special District within Manufacturing Area, and later within Residential, Commercial, and Mixed Areas respectively was institutionalized for specialized land uses, though it was not actually designated. When City Planning Law was enacted in 1962, Special District was substituted by Exclusive Areas (Exclusive Residential Area, Exclusive Manufacturing Area). Meanwhile Undesignated Area was designated for mixed land uses by Chosun Planning Ordinance, and later it was converted mostly into Mixed Area and partially into Green Area. Finally Mixed Area was substituted by Semi-Areas (Semi-Residential Area, Semi-Manufacturing Area) by City Planning Law in 1962. These demonstrate that Korean zoning system needs to revive the tradition that clearly promoted both specialized and mixed land uses.

• 항공우주정책ㆍ법학회지
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• 제6권
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• pp.191-215
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• 1994

The concept of 'wilful misconduct" was initally used in article 25 of the Warsaw Convention of 1929. The concept was defined in the Hague Protocol, 1955, as having the following two differing concepts: i) "with the intent to cause damage" and ii) "recklessly and with the knowledge that damage would probably result." The concepts contained in the Hague Protocol were used in various international Conventions on carriage by sea, such as Article 2(e) and Article 3(4) of the Protocol adopted at Brussels on Feb. 23, 1968 to amend the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, signed at Brussels, Aug. 25, 1929(Hague-Visby Rules), Article 13 of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, Dec. 13. 1974, Article 4 of the Convention on Limitation of Liability for Maritime Claims, 1976, Article 8(1) of the U.N. Convention on the Carriage of Goods by Sea, 1978(Hamburg Rules) and Article 21 (1) of the U.N. Convention on International Multimodal Transport of Goods, Geneva, 1980. The same concepts were also adopted in Article 746, 789-2(1), 789-3(2) of the Korean Maritime Commercial Law, revised in 1991. As of yet, the legal system of Korean Private Law recognizes only the concepts of "Vorsatz" and "grobe Nachlassigkeit", as is the case with German Private Law. The problem is that the concepts in the Convention do not coincide precisely with the concepts of "Vorsatz" and "grobe Nachlassigkeit". The author has conducted a comparative analysis of the treatment of the concepts of wilful misconduct and its varied interpretations, that is, "with the intent to cause damage" and "recklessly and with the knowledge that damage would probably result" in the Anglo-American law and in the continental European law in the following manner: 1. Background in which the concept of wilful misconduct was introduced in the Warsaw Convention. 2. The concept of "dol" in French private law. 3. The concepts of "Vorsatz" and "grobe Nachlassigkeit" in Korean private law. 4. Analysis of the concept of wilful misconduct in Anglo-American case law. 5. Analysis of the cases interpreting the concepts of "with intent to cause damage" and "recklessly and with knowledge that damage would probably result" in various jurisdictions. 6. The need to incorporate the concepts of "with the intent to cause damage" and "recklessly and with the knowledge that damage would probably result." 7. Faute inexcusable in French private law. Based upon the comparative analysis, the author points out the difference between the concepts of "wilful misconduct" or "with the intent to cause damage" and "Vorsatz", and between the concepts of "recklessly and with the knowledge that damage would probably result" and "grobe Nachlassigkeit" in the Convention and that of the Korean Private Law system. Additionally, the author emphasizes the importance of the unification in the interpretation of the provisions of the Conventions world wide.

• 한국문헌정보학회지
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• 제47권1호
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• pp.249-268
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• 2013

저작권법이 규정하는 '공연'은 상식적으로 생각하는 공연의 개념보다 훨씬 그 폭이 넓다. 저작물을 가창, 연주, 연술하는 실연 행위뿐만 아니라 음반이나 영상물을 공중이 열람할 수 있도록 상영하는 행위까지도 모두 저작권법이 규정하는 '공연'에 해당이 된다. 저작권법 제29조는 공연권의 제한 사유에 관한 것이다. 제1항은 영리를 목적으로 하지 아니하는 공연과 방송에 대한 저작권 제한 사유를 규정하고 있으며, 제2항은 판매용 음반과 판매용 영상저작물을 활용한 공연에 관한 면책 요건을 규율한다. 최근 도서관의 저작물 공연이 저작권법의 주요 이슈 가운데 하나가 되고 있다. 그 가운데에는 도서관 관내에서의 영상물 열람도 공연에 해당되고, 발행 후 6개월이 경과되지 않은 저작물을 서비스할 때에는 저작권자의 사전 허락을 받아야 한다는 주장도 포함되어 있다. 이러한 주장은 정상적인 도서관 서비스를 불가능하게 만드는 것이어서 부당하며, 도서관에서의 저작물 열람과 공연을 구분할 수 있는 입법적인 조치가 시급히 이루어질 필요가 있다.

• 무역상무연구
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• 제16권
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• pp.83-114
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• 2001

This paper is focussed on the main features and problems of SGA amendment. main features and problems are as below. First, SGA section 14 uses a new term, that of "satisfactory quality", which is defined in a somewhat circular way and introduces some guidelines in order to solve other problems perceived as arising under the "merchantable quality". The change was largely to assist in the better resolution of consumer disputes and not necessary for commercial disputes because the change involves the substitution of a phrase which meant something but was inappropriate to commercial disputes. As with the definition of "merchantable quality", a court can take the new formulation as an invitation to start afresh; or it can refer to the previous case law. Second, before the SGA amendment, a contract for the sale of undifferentiated part of a bulk shipped or to be shipped on a named ship was a contract for the sale of unascertained goods. So the effect was that property could not pass to the buyer, even though he had paid the price in full, before the goods become ascertained. The main object of the SGA amendment was to improve the buyer's position where he had paid for a specified quantity of goods forming an undifferentiated part of an identified bulk and the seller then became insolvent before the goods for which the buyer had paid were ascertained. The improvement was achieved by making section 16 of the SGA 1979 subject to a new section 20A and includig section 20B, under which a buyer of a specified quantity bulk can acquire a proprietary interest in the bulk. This proprietary solution still has some problems in international sale of goods. Therefore, it would be more appropriated SGA should settle disputes between parties through payment, passing of risk, delivery of goods and/or documents etc. instead of property rights like UCC.

• 항공우주정책ㆍ법학회지
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• 제9권
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• pp.435-443
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• 1997

Passing 26 years from 1970 when the first satellite was launched into the orbit, Japan developed and successfully launched H-II from Tanegashima Space Center in 1994. During those period, Japanese space policy has experienced a big shake from independent development to technology import from the US, and back again to independent development. In general, the H-II rocket which was manufactured by 100% domestic technology, brings Japan from the old era (experimental stage) to the new era (practical use stage). Fundamental Policy of Japan's Space Activities, which decides such policy as mentioned, was revised in January, 1996 this year after an interval of 7 years. This revised outline confirms the result of Japanese space technology until present and identifies the future direction and framework of her space activities for a period of coming ten years on the basis of a ong-term perspective towards the 21st century. However, when comparing with the last Fundamental Policy in 1989, there seems no big change in it, and a long-term perspective is also not seen there. The description varies on some important points in international space law, like international cooperation, protection of environment, commercial use, etc. In addition, the immaturity as well as the necessity of broader discussion are felt because neither this Fundamental Policy nor The National Defense Program Outline treated any national and international security matters concerning outer space. Considering the present time when Japan enters into the practical use of outer space, such as application, commercial use and launching service, etc, it is doubtful whether new Fundamental Policy was properly planned or not. It seems necessary to use several measures by which the public opinion, opinions from industry and debate on the security are reflected in the policy making.

• 무역상무연구
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• 제69권
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• pp.327-348
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• 2016

Under the Korean legal system, as an actual carrier is not the contractual party to the contract for carriage of goods by sea, it has been tortiously liable for the damage to, or loss of cargo, should there be the negligence by its part. However, the Rotterdam Rules introduces a revolutionary liability regime for the actual carrier. According to the Rotterdam Rules, the liability of the actual carrier is same with that of a contractual carrier with the result that a shipper is entitled to bring the direct action to the actual carrier, as well as the contractual carrier on the same basis. Nevertheless, it is expected to take long time for the new approach in respect of actual carrier's liability to be confirmed by many countries, and furthermore most of shipping countries including Korea still adopt the Hague-Vis by Rules where the shipper is not allowed to bring the direct action to the actual carrier. This study reviews on whether or not the alteration of actual carrier's liability based on Rotterdam Rules would be reasonable, considering the current Korean legal system. Furthermore, this study, whilst recognizing that the overall introduction of the new liability regime is somewhat premature, suggests the imposition of contractual liability to the actual carrier from a long-term perspective. Having in mind that the article 809 of the Korean Commercial Act allows the shipper to bring the direct action to the shipowner only in the case that a time charterer is the contractual carrier, this study explores a method to apply the contractual liability to the actual carrier in the case that a slot charterer or freight forwarder is the contractual carrier, in order to establish the uniform liability system.

• 무역상무연구
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• 제65권
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• pp.1-20
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• 2015

International Commercial Terms, known as "Incoterms", are internationally accepted terms defining the responsibilities of exporters and importers in the arrangement of shipments and the transfer of liability involved at various stages of the transaction. The latest version of Incoterms rules were revised in 2010, so called Incoterms$^{(R)}$ 2010 which is the eighth set of pre-defined commercial terms published by the International Chamber of Commerce(ICC) in 1936. It has been already past 5 years since Incoterms$^{(R)}$ 2010 became effective January 1, 2011. At this point, we should examine the latest version of Incoterms whether the rules are not satisfied with the practical commerce because the customs and practices of commerce change constantly. The main purpose of this article is to seek a difference between the present commercial customs and practice and the rules of Incoterms$^{(R)}$ 2010. In addition, if there is any difference between them, an alternative resolution would be suggested. This article exercises the process of transition of the Incoterms rules, especially CIP, DDP, and CIF among 11 rules of Incoterms$^{(R)}$ 2010. Then this article provides some feasible alternatives to attempting to resolve some regulation problems of CIP, DDP, and CIF in the Incoterms$^{(R)}$ 2010. For examples, the practical meaning is different between "if customary or at the buyer's request" and "if agreed or customary" in CIF and CIP, especially a negotiable documentary being used. Furthermore, the interpretation of transfer of risks on the afloat goods in string sales in CIF term.

• 무역상무연구
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• 제41권
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• pp.3-21
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• 2009

To understand the procedure of international commercial transaction clearly and logically, this author would like to emphasize the contractual approach in this paper. The main contract in the transaction is the contract of sale; to perform this contract, the three subordinate or supporting contracts(including the contract of carriage, the contracts of insurance and the contract of payment) should be followed and performed. In the contract of sale, besides the express Terms, the trade Terms have very comprehensive meanings. Each trade term in Incoterms(2000) deals with the matters relating to the rights and obligations of the parties to the contract of sale with respect to the delivery of the goods sold. It also provides for the duties of seller or buyer relating to the contract of carriage, the contract of insurance and the payment in the process of the delivery of goods. Especially, it does not provide the methods of payment concretely, but it imposes the seller to hand over the documents evidencing the conformity of the contract of sale, and the delivery which includes the documents of carriage and/or insurance. Thus although the trade Terms deal with the obligations of the seller or buyer directly, they are very closely related with the contract of carriage and the contract of insurance indirectly, and also with contract of payment using the documentary draft. For the Arbitration or the litigation in the case of the breach of contract, the trade Terms play very significant roles. When an arbitrator or a judge decides the case, they should understand each obligation clearly, in which case, the trade terms give answers about who is wrong or who is right. Therefore, the contractual approach focusing on the trade terms would give very fruitful advantages to the students or teachers in understanding the procedure of the international commercial transaction systematicly and comprehensively.

• 무역상무연구
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• 제40권
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• pp.3-30
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• 2008

This article attempts to describe and analyze the rules on the buyer's remedies for lack of conformity under PELS. It shows that such remedies under the PELS operate in a two-tier remedial scheme which is alien to both domestic and international legal systems. That is, repair and replacement take the position of primary remedy, whereas termination, price reduction and damages are secondary remedies which are available only where the primary remedies cannot be invoked. Notwithstanding its superiority, the PELS have some drawbacks in several aspects. First, the PELS seems to place its focus on the factor of cost except the other factors, for instance, the significance of the lack of conformity, when one decides whether the first tier remedies cause the seller unreasonable effort or expense. It is argued that the factors can be considered by referring to art. 1:302 PECL. Second, the PELS does not expressively provide any exclusion of the seller's right to choose between repair or replacement on the basis of unreasonable uncertainty in reimbursing the expenses advanced by the buyer. It argues that if there is such uncertainty, it should be regarded as causing the buyer an unreasonable inconvenience under art. 4:204(1). Third, the PELS does not seem to properly reflect the consumer's interests in that most consumers prefer to have the absolute right of termination as against the commercial sellers who have a relatively stronger bargaining position. The reasons for that is that there is a big hurdle, i.e., a hierarchy of remedies, to be overcome by the consumer to battle with the commercial seller, and that unavoidable vagueness in defining a minor lack of conformity has been often used against the consumer, but in favour of the commercial seller with a strong bargaining position.