• 제목/요약/키워드: Commercial Law

검색결과 617건 처리시간 0.026초

무인전투기를 위한 가상 추적점 기반 자율 공중 교전 유도 법칙 설계 (Design of an Autonomous Air Combat Guidance Law using a Virtual Pursuit Point for UCAV)

  • 유동일;심현철
    • 한국항공우주학회지
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    • 제42권3호
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    • pp.199-212
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    • 2014
  • 본 논문은 무인전투기를 위한 일대일 근접 교전 상황에서의 가상 추적점을 이용한 자율 공중 교전 법칙에 관해 기술하였다. 가상의 지연 및 선도 추적점으로 구성된 가상 추적점은 전술 교전 기동을 수행하기 위해서 도입한 것으로 각 가상 추적점은 전투기의 공력 특성과 기본 전투 기동의 선회원, 총 에너지 및 무기 거동 특성을 고려하여 생성된다. 무인전투기는 현재의 교전 상태를 기반으로 기동 전환을 위해 각 추적 기동의 확률을 평가하는 스무딩 함수를 이용해 단일의 가상 추적점을 결정하고 추적 기동을 실시하게 된다. 제안된 기법은 상용 전투기 모델과 X-Plane 시뮬레이터를 이용한 고충실도의 실시간 교전시뮬레이션을 통해 성능을 검증하였다.

UNCITRAL 중재규칙(仲裁規則) 개정초안(改正草案) 내용(內容)의 분석(分析)과 방향검토(方向檢討) (Analysis of Deliberations by UNCITRAL Working Group on the Draft Revised Version of UNCITRAL Arbitration Rules)

  • 강병근
    • 한국중재학회지:중재연구
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    • 제18권2호
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    • pp.3-31
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    • 2008
  • At its thirty-ninth session(New York, 19 June - 7 July 2006), United Nations Commission on International Trade Law(hereinafter referred to as the Commission) agreed to give priority to the topic of revising the UNCITRAL Arbitration Rules. From the forty-fifth through the forty-seventh session, the Working Group checked various issues based on the draft revised version of the UNCITRAL Arbitration Rules prepared by the Secretariat. At its forty-eighth session, the Working Group is going to finish its first reading of articles 38 to 41 of the draft revised version of the UNCITRAL Arbitration Rules, and to commence its second reading of the draft revised version of UNCITRAL Arbitration Rules. Korea is keen on enticing foreign direct investment into its territory. From the 1960s, Korea has concluded more than 80 BITs. Korea is making efforts to conclude FTAs with its trading partners. As of January, 2008, 3 FTAs have taken into effect with respect to Korea. According to provisions on dispute settlement found in such BITs and FTAs involving Korea, the Rules can be chosen for Investor-State Arbitration. Furthermore, the Rules is followed by the arbitration rules for domestic and international arbitrations administered by the Korean Commercial Arbitration Board. If the Commission adopts the revised version of UNCITRAL Arbitration Rules, the Rules will be able to give impact on the arbitration law and practice around the world of arbitration. That is the reason why we should keep attention to the development of the deliberations of the Working Group.

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우리나라와 중국 중재법에서 중재판정의 취소사유에 관한 연구 (A Study on Grounds for Challenging Arbitral Awards in Korea and China)

  • 신창섭
    • 한국중재학회지:중재연구
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    • 제16권2호
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    • pp.51-88
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    • 2006
  • The obligation on a national court to recognize and enforce arbitral awards as provided in Article III New York Convention, which both Korea and China have ratified, is subject to limited exceptions. Recognition and enforcement will be refused only if the party against whom enforcement is sought can show that one of the exclusive grounds for refusal enumerated in Article V(1) New York Convention has occurred. The court may also refuse enforcement ex officio if the award violates that state's public policy. This article explores the circumstances where arbitral awards may be refused enforcement under the Korean and Chinese arbitration laws. It first analyzes the relevant statutory provisions. In Korea and China, which have adopted the UNCITRAL Model law, the grounds of challenge are exhaustively defined within their respective arbitration laws. According to their arbitration laws, an arbitral award may be set aside if a party making the application proves that (i) a party to the arbitration agreement was under some incapacity or the agreement is not valid under the applicable law, (ii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case, (iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration, or (iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties. An arbitral award may also be set aside ex officio by the court if the court finds that (i) the subject-matter of the dispute is not capable of settlement by arbitration under the applicable law or (ii) the award is in conflict with the public policy. This article then reviews relevant judicial decisions rendered in Korea and China to see how the courts in these countries have been interpreting the provisions specifying the grounds for challenging arbitral awards. It concludes that the courts in Korea and China rarely accept challenges to arbitral awards, thereby respecting the mandate of the New York Convention.

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A Comparative Study on International Convention and National Legislation Relating to the Liability of the Air Carrier

  • Lee, Kang-Bin
    • 무역상무연구
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    • 제40권
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    • pp.97-144
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    • 2008
  • The purpose of this paper is to review the text of national legislation relating to the carrier's liability in respect of the carriage of passengers, baggage and cargo by air in major states such as United Kingdom, Germany, France, Canada, Russia and China, and to compare the air carrier's liability under the national legislations of above states with them under the Warsaw System relating to the international carriage by air. Also this paper reviews the text of the draft legislation relating to the carrier's liability in respect of the carriage by air in Korea. The Warsaw Convention for the Unification of Certain Rules Relating to International Carriage was adopted in 1929. In 1999, the ICAO adopted the Montreal Convention for the Unification of Certain Rules for International Carriage by Air vastly modernizing the unification of private air law. The Montreal Convention replaced the instruments of the “Warsaw System”, and came into force on 4 November 2003. The Montreal Convention is not only an international convention. It has also exercised a considerable influence on national legislation. A the Convention, or certain of its principles, with the object of regulating their national air transport. The main feature of the liability regime of the air carrier under the Montreal Convention is the two-tier liability system for death or injury of the passenger with strict liability up to 100,000 SDR and presumptive liability with a reversed burden of proof without any limit above that threshold. The principles of the liability of the air carrier under the Montreal Convention have been adopted into national legislations by the United Kingdom, Germany, France, Canada, Russia and China. Now the Ministry of Justice of Korea is proceeding to make a new national legislation relating to the liability of the air carrier in respect of the carriage by air. The draft legislation of the Part VI the Carriage by Air of the Commercial Code of Korea has adopted the main principles of the liability of the air carrier under the Montreal Convention. In conclusion, the national legislation relating to the liability of the air carrier in Korea will contribute to settle efficiently the dispute on the carrier's liability in respect of the carriage of passengers, baggage and cargo by air.

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FBW 헬리콥터 모델 역변환 비행제어법칙 설계 및 검증 (Design and Validation of Model Inversion Flight Control Law for Fly By Wire Helicopter)

  • 김종섭;조인제;이승덕;이한주
    • 한국항공우주학회지
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    • 제40권8호
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    • pp.678-687
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    • 2012
  • 우천, 안개 낀 날씨 및 먼지 등에 의해 시계가 확보되지 않는 비행 환경에서의 헬리콥터의 안정성(stability) 및 비행성(flying quality)을 향상시키기 위해 모델 역변환 제어(Model Inversion Control) 방식의 전자식 비행제어시스템(Fly-By-Wire Flight Control System)의 적용은 필수적이다. 선진 항공사인 미국의 Bell-Sikorsky사와 유럽 컴소시움인 NHI(NH Industries)사는 FBW 비행제어시스템을 V-22와 NH-90의 헬리콥터 양산에 적용한 바 있다. 본 논문에서는 BO-105 모델을 기반으로 CONDUIT(Control Designer's Unified Interface)을 활용하여 제자리 비행영역에서 모델 역변환 비행제어법칙을 설계하였으며, 헬리콥터 비행조종성 국제규격인 ADS-33E-PRF을 기준으로 평가하였다. 설계된 비행제어법칙을 CONDUIT과 HETLAS(HElicopter Trim Linearization And Simulation)를 기반으로 평가한 결과, ADS-33E-PRF에서 제시하고 있는 예측 조종성(predicted handling quality) 규격에 대해 비행조종성 Level 1을 만족시킬 수 있었다.

열린 BIM 생태계 조성을 위한 클라우드 컴퓨팅 기반 BIM 서비스 환경의 사용량 측정 기술 및 법 규정 제안 (A Proposal of the Usage Metering Functions on Cloud Computing-Based Building Information Modeling (BIM) and the Law for the Open BIM Ecosystem)

  • 김병곤;김종성
    • 한국BIM학회 논문집
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    • 제6권3호
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    • pp.49-56
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    • 2016
  • As project opportunities for the Architecture, Engineering and Construction (AEC) industry have grown more complex and larger, the utilization of Building Information Modeling (BIM) technologies for three-dimensional (3D) design and simulation practices has been increasing significantly; the typical applications of the BIM technologies include clash detection and design alternative based on 3D planning, which have been expanded over to the technology of construction management in the AEC industry for virtual design and construction. As for now, commercial BIM software has been operated under a single-user environment, which is why initial costs for its introduction are very high. Cloud computing, one of the most promising next-generation Internet technologies, enables simple Internet devices to use services and resources provided with BIM software. Recently in Korea, studies to link between BIM and cloud computing technologies have been directed toward saving costs to build BIM-related infrastructure, and providing various BIM services for small- and medium-sized enterprises (SMEs). This study addressed development of the usage metering functions of BIM software under cloud computing architecture in order to archive and use BIM data and create an optimal revenue structure so that the BIM services may grow spontaneously, considering a demand for cloud resources. For the reason, we surveyed relevant cases, and then analyzed needs and requirements from AEC industry. Based on the relevant cases, customizing for cloud BIM and design for the development was performed. We also surveyed any related-law to support cloud computing-based BIM service. Finally, we proposed herein how to optimally design and develop the usage metering functions of cloud BIM software.

'외부전자기록물저장시설'로서 공인전자문서센터의 업무 분석 (Records Management Business Analysis of Certified Electronic Document Center as the 'External Electronic Records Storage Facilities')

  • 이경남
    • 기록학연구
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    • 제47호
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    • pp.227-254
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    • 2016
  • 이 연구는 공공기록물법 개정안의 주요 내용인 '외부전자기록물저장시설'의 전자기록 보존 업무에 대해 살펴보았다. 외부시설로서 공인전자문서센터가 공공기록물 법제가 요구하는 수준으로 기록의 보존업무를 위탁관리 할 수 있는지를 검토하는 것을 목적으로 한다. 이를 위해 유력한 외부시설로 거론되는 공전센터 제도의 현황에 대해 알아보았다. 그리고 기록의 보존 업무가 의미하는 바가 무엇인지를 이해하기 위해 주요 기록학 개념들을 정리하고, 법개정 과정에서 관련 공동체의 이해에 따라 주요 개념이 혼용되고 있음을 지적하였다. 마지막으로 공전센터가 현재의 관련 규정을 기반으로 기록관리 업무를 수행할 능력이 있는지를 검토하기위해, 공공기록물법 및 표준과 공전센터 업무 준칙의 규정, 그리고 공전센터 관련 국내표준의 내용을 비교하여 분석하였다. 그 결과 기록관리 법제가 요구하는 대부분의 규정이 마련되어 있지 않아 공전센터가 기록관리 업무 수행 역량을 갖추지 못한 상태임을 확인하였다. 기록관리 법제를 준수하는 업무 프로세스의 정립과 인증기준 마련이 선행되어야 함을 논의하였다.

Website and Digital Content between Material Property and Intellectual Ownership Rights within the Legal Regulation of Internet

  • Azab, Rania S.
    • International Journal of Computer Science & Network Security
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    • 제22권2호
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    • pp.424-435
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    • 2022
  • When the owners of the intellectual property rights of digital content have lost control over it in the digital environment, there emerged fears that the intellectual property laws, especially copyright law, would not be effective as in the material (Offline ) world. The reason is that the digital environment helps to reproduce copies in high quality and at almost no cost, while copyright law protection has been limited to programs embedded in CDs. According to copyright laws, the owner of the program did not have the right to prevent buyers of the initial physical copy of the program from copying and reselling it to more than one individual without the permission of the original owner. As a result, business owners have invented the idea of licensing digital content and programs instead of selling them. They set out terms that serve their commercial interests regardless of their abuse to intellectual property laws or even the rules of the traditional contract to sell a material property. The abuse has resulted from the way those terms are concluded and the heavy rules that are unfair to consumer rights. Therefore, business owners insisted on dealing with the website and its programs and digital content as material property. Here raises the question of whether the website and its digital content are subject to the protection of copyright law or the rules of the traditional contract or licensing contracts. As the answer to this question affects the protection of consumer rights, is it possible to find a balance between it and the protection of the owners of digital programs' rights.That is what we will discuss in this paper.

Guarantees of Applying Disclosure and Transparency on the Companies Listed in the Saudi Capital Market

  • Moanes, Hani Mohamed
    • International Journal of Computer Science & Network Security
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    • 제22권4호
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    • pp.274-284
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    • 2022
  • By explaining the essence of corporate governance as well as disclosure and transparency, the study examined the guarantees of applying disclosure and transparency to firms listed on the Saudi stock exchange. The research also addressed the disclosure and transparency duties of firms listed on the Saudi stock exchange. Finance to prepare a prospectus, as the Capital Market Authority's regulations required that the prospectus includes information that enables the investor in securities to make his investment decision based on real foundations based on the issuing company's financial position and to ensure that companies fulfill that disclosure in the prospectus. Firms who fail to disclose are required by law to do so, and the Capital Market Authority's laws mandate companies listed on the financial market to regularly report fundamental events linked to the issuer or the securities issued by it. The Capital Market Authority must make it available to the public dealing with the business issuing the securities, and The Capital Market Authority's Law and Regulations have imposed fines on corporations that do not comply with disclosure and make the Board of Director's report available. The research focused on activities that the legislator deemed to be a breach of the obligation of openness, such as the danger of many measures aimed at ensuring the impartiality and transparency of trading in the Saudi financial market, as well as the absence of conflicts of interest. The research also addressed the sanctions imposed on The source for failing to meet the obligation of disclosure and openness, as well as the mechanisms of compensating persons harmed by the failure to meet that responsibility.

A study on the Regulatory Environment of the French Distribution Industry and the Intermarche's Management strategies

  • Choi, In-Sik;Lee, Sang-Youn
    • 산경연구논집
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    • 제3권1호
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    • pp.7-16
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    • 2012
  • Despite the enforcement of SSM control laws such as 'the Law of Developing the Distribution Industry (LDDI)' and 'the Law of Promoting Mutual Cooperation between Large and Small/medium Enterprises (LPMC)' stipulating the business adjustment system, the number of super-supermarkets (SSMs) has ever been expanding in Korea. In France, however, Super Centers are being regulated most strongly and directly in the whole Europe viewing that there is not a single SSM in Paris, which is emphasized to be the outcome from French government's regulation exerted on the opening of large scale retail stores. In France, the authority to approve store opening is deeply centralized and the store opening regulation is a socio-economic regulation driven by economic laws whereas EU strongly regulates the distribution industry. To control the French distribution industry, such seven laws and regulations as Commission départementale d'urbanisme commercial guidelines (CDLIC) (1969), the Royer Law (1973), the Doubin Law (1990), the Sapin Law (1993), the Raffarin Law (1996), solidarite et renouvellement urbains (SRU) (2000), and Loi de modernisation de l'économie (LME) (2009) have been promulgated one by one since the amendment of the Fontanet guidelines, through which commercial adjustment laws and regulations have been complemented and reinforced while regulatory measures have been taken. Even in the course of forming such strong regulatory laws, InterMarche, the largest supermarket chain in France, has been in existence as a global enterprise specialized in retail distribution with over 4,000 stores in Europe. InterMarche's business can be divided largely into two segments of food and non-food. As a supermarket chain, InterMarche's food segment has 2,300 stores in Europe and as a hard-discounter store chain in France, Netto has 420 stores. Restaumarch is a chain of traditional family restaurants and the steak house restaurant chain of Poivre Rouge has 4 restaurants currently. In addition, there are others like Ecomarche which is a supermarket chain for small and medium cities. In the non-food segment, the DIY and gardening chain of Bricomarche has a total of 620 stores in Europe. And the car-related chain of Roady has a total of 158 stores in Europe. There is the clothing chain of Veti as well. In view of InterMarche's management strategies, since its distribution strategy is to sell goods at cheap prices, buying goods cheap only is not enough. In other words, in order to sell goods cheap, it is all important to buy goods cheap, manage them cheap, systemize them cheap, and transport them cheap. In quality assurance, InterMarche has guaranteed the purchase safety for consumers by providing its own private brand products. InterMarche has 90 private brands of its own, thus being the retailer with the largest number of distributor brands in France. In view of its IT service strategy, InterMarche is utilizing a high performance IT system so as to obtainas much of the market information as possible and also to find out the best locations for opening stores. In its global expansion strategy of international alliance, InterMarche has established the ALDIS group together with the distribution enterprises of both Spain and Germany in order to expand its food purchase, whereas in the non-food segment, it has established the ARENA group in alliance with 11 international distribution enterprises. Such strategies of InterMarche have been intended to find out the consumer needs for both price and quality of goods and to secure the purchase and supply networks which are closely localized. It is necessary to cope promptly with the constantly changing circumstances through being unified with relevant regions and by providing diversified customer services as well. In view of the InterMarche's positive policy for promoting local partnerships as well as the assistance for enhancing the local economic structure, implications are existing for those retail distributors of our country.

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