• 무역상무연구
• /
• 제14권
• /
• pp.177-218
• /
• 2000

Global Electronic Trading means that trading partners trade each other via Global Electronic Trading Network, that is, global business to business electronic commerce. Recently, where the cargo arrives ahead of the B/L, the importer cannot take delivery of the cargo without the B/L. This situation is referred to as the B/L dilemma. But the BOLERO system will resolve this B/L dilemma. Bolero Project is developing a cross industry utility platform for the secure, electronic transfer of commercial trade information world wide. After the successful testing of an original pilot project, The Bolero Association was formed in 1995 by a group of interested cross industry companies. As a joint venture between SWIFT and TT Club, bolero.net is changing the way the world trades by providing a web-based, paperless mode of commerce that is designed to become a global standard. Bolero International Limited published the first edition of Bolero Rulebook in 1999. The Bolero Rulebook as amended from time to time, governing the relationship between Users and their rights and obligations arising from the Bolero system. The Bolero service will be governed by a multilateral contract called the Bolero Rule Book which specifies the rights and responsibilities of Bolero and its users. The Title Registry and Bolero Bill of Lading provide a fully functional equivalent to the paper bill of lading. The Bolero Bill of Lading can be created, transferred, amended, and surrendered by way of designating to order party, blank endorsement, refusal by the transferee etc. Thus, this study deals with the functions of Bolero Bill of Lading and the problems and solutions in the Bolero Bill of Lading in point of definitions and operation under the Bolero Rulebook.

• 한국분말재료학회지
• /
• 제24권6호
• /
• pp.450-456
• /
• 2017

Reaction-bonded silicon carbide (RBSC) is a SiC-based composite ceramic fabricated by the infiltration of molten silicon into a skeleton of SiC particles and carbon, in order to manufacture a ceramic body with full density. RBSC has been widely used and studied for many years in the SiC field, because of its relatively low processing temperature for fabrication, easy use in forming components with a near-net shape, and high density, compared with other sintering methods for SiC. A radiant tube is one of the most commonly employed ceramics components when using RBSC materials in industrial fields. In this study, the mechanical strengths of commercial RBSC tubes with different sizes are evaluated using 3-point flexural and C-ring tests. The size scaling law is applied to the obtained mechanical strength values for specimens with different sizes. The discrepancy between the flexural and C-ring strengths is also discussed.

• 무역상무연구
• /
• 제66권
• /
• pp.25-46
• /
• 2015

The purpose of this paper is to provide a legal implication about conformity of goods in the international commercial transactions. There are so many legal relationship after the formation of contract. The most of important thing among the obligations of seller is to provide conformal goods which are of quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. If seller violate above duties, seller take the warranty liability. However, CISG describe the conformity of the goods instead of the warranty as follows. First, CISG Art.35(1) states standards for determining whether goods delivered by the seller conform to the contract and Art.35(2) describes standards relating to the goods' quality, function and packaging that, while not mandatory, are presumed to be a part of sales contracts. Article 35(2) is comprised of four subparts. Two of the subparts (article 35(2) (a) and article 35(2)(d)) apply to all contracts unless the parties have agreed otherwise. Second, CISG Art.36 and 38 deals with the time at which a lack of conformity in the goods must have arisen in order for the seller to be liable for it. If seller lack of conformity becomes apparent only after that time, seller is liable for a lack of conformity existing when risk passed to the buyer. Third, CISG Art.49 describe that a buyer who claims that delivered goods do not conform to the contract has an obligation to give the seller notice of the lack of conformity. The most of important things about CISG articles and precedents is that buyer is aware of the lack of conformity and notice it to seller. Failure to satisfy the notice requirements of article 39 eliminates a buyer's defence, based on a lack of conformity in delivered goods, to a seller's claim for payment of the price. Consequently, parties of contract had better agree to the notifying times about lack of conformity. Also, If seller fined the non-conformity, seller has to notify this circumstance to the buyer within short period or agreed time.

• 인터넷정보학회지
• /
• 제14권3호
• /
• pp.68-77
• /
• 2013

This article consists of 3 parts. Part I is multi stakeholder approach on Internet governance system. Part II is analysis of the Korean Internet governance system. In this part, I explain relevant laws in Korea, including Korean Internet Address Resources Act. Part III is my suggestion on Korean Internet governance system using a multi stakeholder approach. First of all, the keyword of the Internet governance system is decision making process: that is, consensus based versus top-down approach. Then who are major players in Internet governance in national level? Government, or Private sectors such as business and civil society. Korean legal system for Internet governance shows a top-down decision making process. Major players are the government (that is, Ministry of Science, ICT and Future Planning) and KISA affiliated with the government. Other players include Internet Address Policy Committee, Korea Internet Governance Alliance, and NGOs. The key statute for Internet governance in Korea is Internet Address Resources Act of 2004. Articles 3 and 5 require the Ministry of Science, ICT and Future Planning to take a proactive role in Internet governance. The government shall consult with the Internet Address Policy Deliberation Committee for Internet governance. Yet this Committee is established under the control of the Ministry of Science, ICT and Future Planning. All members of this Committee are also commissioned or nominated by the Chairman of the Ministry. Meanwhile, there are also non-official organizations, including Sub-committee on Address & Infrastructure of Korea Internet Governance Alliance. I suggest to reform decision making process of Korean Internet governance system based on BOTTOM-UP process for CONSENSUS BASED DECISION. My suggested system includes the following: (1) The government hands over a major role in Internet governance to INDEPENDENT Internet policy organization. And the government participates in such organization as ONE of the players. (2) Nomination of this committee member must be bottom-up process for a genuine multi-stakeholder model including civil society, commercial organization, end-users and experts. (3) The government should establish plan for supporting the private sector's international activity on the long-term basis.

• 자원환경지질
• /
• 제29권3호
• /
• pp.325-333
• /
• 1996

폐기물 매립지 내에셔 가스 흐름을 추정하기 위하여 수치 모델을 개발하였다. 가스 흐름은 밀도에 영향 받는 밀도류이고 매립지 내의 매체는 매우 불균질하므로 단순한 수학적 해법으로 가스 흐름을 추정하기 어렵다. Darcy 방정식과 절량 보존의 법칙을 결합하고 이상 기체 방정식을 도입하여 지배방정식을 만들어지고, 이 지배방정식을 유한요소법으로 풀이하였다. 정류상태 모의의 결과는 AIRFLOW 모델에 의한 모의 결과와 일치한다. 부정류 상태 모의 결과는 질량 보존 평가와 일정 시간 후의 결과를 정류상태의 결과와 비교하여 간접적으로 결과의 신뢰성을 평가하였다. 대우건설에서 1993년에 실시한 난지도 매립지 가스 추출 시험 결과를 모델을 사용하여 분석하였다. 개발된 모델은 1994년 재단법인 한국컴퓨터 프로그램 보호회에 등록되었다.

• 무역상무연구
• /
• 제72권
• /
• pp.1-24
• /
• 2016

This study focused on getting clear understanding on the legal bases in terms of plurality of obligors and plurality of obligees through a analysis the PICC(2010) which has been standing firmly as the general principles of international commercial contract. Related to the title of this paper, PICC are dealing with not only plurality of obligors but plurality of obligees. The contents of the former are as follows; presumption of joint and several obligations and obligee's rights against joint and several obligors (arts.11.1.1, 11.1.2, 11.1.3), availability of defences and rights of set-off and effect of performance and set-off (arts.11.1.4, 11.1.5), effect of release or settlement and effect of expiration or suspension of limitation period (arts.11.1.6, 11.1.7), effect of judgment (art.11.1.8), apportionment among joint and several obligors and extent of contributory claim (arts.11.1.9, 11.1.10), rights of the obligee, defences in contributory claims, inability to recover (arts.11.1.11, 11.1.12, 11.1.13) and so on. On the other hand the contents of the latter are as follows; definitions (art.11.2.1), effects of joint and several claims (art.11.1.2), availability of defences against joint and several obligees (art.11.2.3), allocation between joint and several obligees (art.11.1.4). The main subjects are one is when several obligors are bound by the same obligation towards an obligee, the obligations are joint and several when each obligor is bound for the whole obligation, the obligations are separate when each obligor is bound only for its share and the other is when several obligees can claim performance of the same obligation from an obligor, the claims are separate when each obligee can only claim its share, the claims are joint and several when each obligee can claim the whole performance and the claims are joint when all obligees have to claim performance together.

• 한국콘텐츠학회논문지
• /
• 제13권7호
• /
• pp.158-167
• /
• 2013

시청이동 및 기기이동 이용 판결논리를 토대로 슬링박스를 이용한 TV프로그램의 장소이동 시청의 법적 성격을 공정이용 관점에서 분석하였다. 분석 결과, 소니 판결과 RIAA 판결에 기초하면 장소이동 시청은 비상업적인 사적 이용으로서 공정이용에 해당된다. 냅스터 판결을 적용시킬 경우, 장소이동 시청은 슬링박스 구매자에게만 저작물이 노출되므로 공정이용이지만, 장소이동 기능의 공유는 저작권침해 책임 논란의 소지가 크다. 반면 이용자의 편의성 도모는 저작권 취지에서 벗어난다는 이유로 시간 및 공간이동 기능의 공정이용을 부인한 소니 사건의 2심과 MP3.com 판결에 따르면, 장소이동 시청은 공정이용에 포함되지 않는다. 또한 방송콘텐츠에 미치는 경제적 효과는 플랫폼 확장 차원에서 긍정적이지만, 다양한 단말이 저작권자의 후속시장이 된다는 점에서 부정적이다. 장소이동 시청의 법적 쟁점은 결국 기술혁신과 저작권의 충돌에서 비롯되었다는 점에서 새로운 매체의 법적 책임 분석기준인 "혁신매체의 항변" 을 제안해 본다.

• 시큐리티연구
• /
• 제29호
• /
• pp.7-34
• /
• 2011

우리나라의 경우 IT관련 기술뿐 아니라 반도체, 휴대폰, LCD, 자동차, 조선 등 첨단 분야에서 최고 수준의 기술력을 확보하여 세계시장을 주도함으로서 기술유출 시도가 다각적으로 대폭 증가하고 있는 것이 현실이다. 최근에는 산업스파이에 의한 불법적 기술유출뿐만 아니라 기술이전, 공동연구, 인수합병 등 정상적 기업 활동 과정에서도 기술이 유출되고 있다. 우리나라의 쌍용자동차와 중국의 상하이자동차 간의 M&A(인수 합병) 시 실제로 기술유출 문제가 발생했다. 이처럼 국가핵심기술의 유출을 목적으로 한 국내기업의 해외 합병 등과 같이 합법적이지만 국가핵심기술의 유출이 우려되는 외국인 투자가 증가하고 있지만 규제를 다루는 법들은 다양한 법으로 산재되어 있어 효과적 규율이 어려운 상황이다. 그래서 본 논문은 해외기업이 국가핵심기술을 보유한 국내기업을 대상으로 기술유출을 목적으로 한 적대적 M&A를 통해 인수하거나 합작투자로 핵심기술을 유출하는 경우에 이를 효과적으로 규율할 수 있는지 관련 법령을 살펴보고, 개선안 등 보완점을 모색해 보고자 하는 것이다.

• 영어영문학
• /
• 제54권2호
• /
• pp.281-299
• /
• 2008

The main purpose of this essay is to suggest that Faulkner's "pro"-lynching letter published in Commercial-Appeal in 1931 does not contradict his antilynching works such as "Dry September," Light in August, Go Down, Moses, and Intruder in the Dust. In the letter, Faulkner writes, "they [lynching mobs] have a way of being right." The remark has been interpreted as the expression of Faulkner's sympathetic attitude toward lynching mobs; however, it can be also seen as Faulkner's observation and criticism of the southern white people's structures of feeling in his time that stubbornly justified lynching as a way to do justice to black people who did "not" deserve to be a legal subject. This essay argues that Faulkner understood that the legislation of anti-lynching law alone could not save black people from the violence of lynching as far as white people believed that black people were not their equals and that lynching was a right means to fulfill social justice. Faulkner's fictions such as Light in August and Go Down, Moses provide moments in which white male characters feel as if they were social others, and their experiences work as an ethical urge for them to stand up for social others. This essay illuminates how Faulkner depicts the process of white male characters' identity formation as a violent break from his strong tie with black friends, how they reverse the process to blur the border again through the experiences of becoming-other, and how the experience of becoming-other has a potentiality to play the role of an ethical agency in stopping the custom of lynching in the South.

• 한국중재학회지:중재연구
• /
• 제30권4호
• /
• pp.163-177
• /
• 2020

There are several ways to implement charter parties in the operation of the vessel. Under the time charter party, the charterer borrows the vessel from the shipowner and uses the vessel to benefit his business. The time charter party's legal relationship can be divided into internal and external relationships. This article deals with an internal relationship. The legal matters between the shipowner and charterer are regulated by the agreement. The NYPE is the most widely circulated type of time charter party. According to the NYPE, navigational matters fall upon the shipowner while business matter falls upon the time charterer. There are vague parts in interpreting NYPE articles. NYPE Art. 8, called the employment clause, is one of them. The Master employed by the shipowner should follow the order of the charterer. Whether the charterer has the right to order the Master of the vessel to follow the navigating route recommended by him was addressed in the Hill Harmony case by the UK Supreme Court. The court was affirmative. Under the Ocean Victory case, whether the time charterer has an obligation to order the Master to go out to escape heavy weather from the berth at the port was at issue. The Japanese lower court decided negatively. There is a tendency that many countries insert default rule in the maritime law to apply it to the case at issue in a case where there is no agreement. It serves the enhancement of legal stability; China, Japan, and Germany are such countries. The author thinks that Korea should follow the above three countries' revision of their maritime law.