• 한국중재학회지:중재연구
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• 제23권3호
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• pp.185-212
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• 2013

In this paper, a conceptual model of legal culture based on Ehrlich's "living law" theory and Cole's social-cultural explanation can explain the low utilization rates of arbitration of Japan and the high utilization rates of arbitration in the United States, simultaneously. This model highlights the clash between social norms and legal provisions in Japan. Japan has developed a two-tiered system of dispute resolution. At the official level, Japanese people accept the legal system imposed by the outside world. But, at a deeper level, they utilize diverse forms of informal dispute resolution mechanisms, such as reconcilement and conciliation, reflecting their own social norms. In contrast, there is no conflict between social norms and legal provisions in United States. This study may show that there are distinctions between American-style arbitration and Japanese-style arbitration, reflecting their own respective social norms. The question of reconciliation between the American style of arbitration and the Japanese style of arbitration can be resolved by an international arbitrator.

• 항공우주정책ㆍ법학회지
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• 제9권
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• pp.421-433
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• 1997

The orbit and frequency spectrum allocation for the communication and broadcasting satellite services are coordinated between the concerned parties according to the Radio Regulations of International Telecommunication Union (ITU). Currently, the geostationary orbit is filled with too many satellites for the commercial or military uses. In addition, a number of near earth satellite programs are being introduced. As each country claims for the space orbit and spectrum, the limited space resources are being exhausted. In this paper, the current situations in the worldwide satellite orbit demand are discussed, and some ideas on the peaceful, efficient and equitable use of space resources are proposed.

• 디지털융복합연구
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• 제2권2호
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• pp.45-62
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• 2004

E-commerce is now a familiar form of commercial transaction, especially in the transactions between businesses. This online transaction poses a good deal of problems to the traditional tax system and administration. Realignment of tax system and tax administration in the e-commerce is one of the major topics on the International problem. In the area of consumption tax, they reaffirmed the destination principle. They agreed to decide the recipient's business presence and usual residence as the place of consumption. In the area of consumption tax, they reaffirmed the destination principle. They agreed to decide the recipient's business presence and usual residence as the place of consumption. Currently, the Korean VAT law does not have a basis for taxation on international transactions that are considered to be services. Considering the tax revenue loss and the inequality between domestic suppliers and foreign suppliers when international transactions are not taxed, the Korean Tax Authority needs to amend the current law.

• 한국안전학회지
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• 제12권4호
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• pp.15-20
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• 1997

This study is to investigate the behavior of fatigue crack growth with ATOS 55 steel which can be applied to the commercial car Dump Frame. It is to obtain the material coefficients after tensile and fatigue crack growth test with the variation of thickness or heat treatment. Also, that is proved the Pari's law by experiment. The summarized results are as follows ; 1) Increasing thickness, tensile and yield strength measured highly regardless to heat treatment and measured lowly as variation of heat treatment temperature. 2) Specimen of thickness 8.0㎜ measured the faster of crack growth rate than another thickness according to the results of experiment. It was the different of stress conditions in crack tip. 3) It was found that the experimental constant m was range of 2∼5 to the relationship between fatigue crack growth rate and stress intensity factor range. Also, it was to prove the Paris's law by the experiment.

• 무역상무연구
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• 제13권
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• pp.537-561
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• 2000

In these days, there are various types of fraud in L/C transaction. But we has no article on fraud in the UCP. So the matter of fraud has been depended on the judgement of court of each country. But the judgements are different in each case. These cause the difficulties in practice. To solve this problem, it is desirable to insert the relative article in the UCP. I considered the article 5-109 of UCC for pre-study on this matter. But the article 5-109 of UCC has some problems. To arrange the relative article on fraud in the UCP, we have to consider more severely on article 5-109 of UCC. Especially, it should be studied on cases in practice. This is left for next study.

• 무역상무연구
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• 제12권
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• pp.349-376
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• 1999

The objective of this paper is to identify the problems of Korean inland transportation system and suggest the improvement plan for reducing the export logistics cost. The results are as follows: (1) Expansion of logistics hub facilities : Logistics hub facilities- integrated freight terminal and ICD, etc. can shorten the empty leg and reduce the logistics cost. (2) Design for CVO(Commercial Vehicle Operations) : CVO has various functions that improve the efficiency and effectiveness of freight transportation. (3) Rationalization of freight transportation industry : In particular, the deregulation of the motor freight industry and the privatization of the railway industry induce the competition among their firms and undercut the transportation rates in the long run. (4) Use of third-party logistics : The benefits of TPL are system reliability, improved customer service, and more efficient cost performance.

• 무역상무연구
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• 제20권
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• pp.343-365
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• 2003

Dispute plays a key role in maintaining the desirable performance of trade transaction. In an effort to stay competitive in a global marketplace, the Korean companies need to become more aware of alternatives to costly and time-consuming litigation. Korean companies, therefore, should be more concerned with ADR(Alternative Dispute Resolution) system and should utilize ADR to settle their disputes effectively and efficiently. ADR encompasses all process of dispute resolution as a substitute for the traditional litigation. Generally, three kinds of ADR are available in Korea: Negotiation, mediation, and arbitration. This article investigates reasons why ADR isn't used well in Korea and suggests ways how ADR can work best in international trade disputes. To expand ADR system in international trade disputes, it is very important for both the company and the scholar to recognize the concept and usefulness of ADR system. The Korean Commercial Arbitration Board also must help both Korean companies and scholars recognize the mechanism of dispute resolution and utilize ADR system in international trade disputes.

• 한국소음진동공학회논문집
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• 제23권8호
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• pp.742-751
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• 2013

The vibration analysis of a rotating cantilever beam made-up of functionally graded materials is presented based on Timoshenko beam theory. The material properties of the beams are assumed to be varied through the thickness direction following a simple power-law form. The frequency equations, which are coupled through gyroscopic coupling terms, are calculated using hybrid deformation variable modeling along with the Rayleigh-Ritz assumed mode methods. In this study, resulting system of ordinary differential equations shows the effects of power-law exponent, angular speed, length to height ratio and Young's modulus ratio. It is believed that the results will be a reference with which other researchers and commercial FE analysis program, ANSYS can compare their results.

• 무역상무연구
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• 제49권
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• pp.139-164
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• 2011

Traditionally courts have been adopted over the years two standards of dealing with compliance of documents such as strict compliance and substantial compliance and the substantial compliance, which was somewhat less demanding than the strict compliance. However the new guidelines of ICC's international standard banking practice for the examination of documents under documentary credits set up how the UCP is to be applied in practice. The payment obligations of an issuing bank to a beneficiary are independence of the performance or the nonperformance of any contract underlying the letter of credit. However, strictly applying the principle of independence and abstraction could produce unfair results by operating unjustly enrich an unscrupulous beneficiary in case of fraud. Accordingly, when a beneficiary presents complying documents, the issuing bank is bound to honour the presentation unless the fraud rule applies on the facts of the case such as forged or material fraud. If it does, the issuing bank(issuer) needs not pay despite the complying presentation of documents by the beneficiary under the Uniform Commercial Code Article 5-109 and case law in America. However the fraud rule was not addressed in UCP 600. In conclusion, view in terms of legal principle and the court cases is variable and difficult to honour or dishonour the presentation in case of application of the independence principle and fraud rule such as the problems on burden of proof timely, possibility of granting injunction in order to protect against victim for bona fide applicant.

• 무역상무연구
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• 제15권
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• pp.211-238
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• 2001

This article discusses and analyses several issues regarding to the Electronic Signature and the Electronic Certification. The objects of the analyse are the each paragraphs of the Korean Electronic Signature Act of 1999 and that of the Korean Electronic Transaction Basic Act of 1999 in comparing to the paragraphs of the Electronic Signatures in Global and National Commerce Act' (E-Sign) of 2000, U.S.A. and that of the Draft UNCITRAL Model Law on Electronic Signature of 2000. The main issues discussed herein are the scope of the electronic signature, the definition of the electronic signature, permission of services to the non-authorized certification service providers, the effect of the electronic signature, the liability of the concerning parties of the electronic signature including liability of the certification service providers, that of the subscribers and that of the relying parties. This paper also discusses the problems of the possibility of issuing the electronic negotiable commercial papers, the validity of the electronic signatures done by electronic agents, the authority certificate, mutual certification of the foreign certification service providers, the permission of the electronic notary service, the problems of the consumer protection and the possibility of issuing electronic insurance policy, etc. The writer concludes by suggesting some measures that will activate the use of electronic signatures under the korean circumstances.