• 한국건축시공학회지
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• 제18권2호
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• pp.195-202
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• 2018

The defects that are bound to arise in most construction projects cause disputes among the contracting parties regarding the defect warranty liability (DWL)guaranteed by the retention of the contractor's performance security at the end of the performance period of the contract. Most current projects involve a multiple-tier contractual relationship, causing the liability for some defects to overlap. In addition, many construction projects are made up of multiple detailed work types which an expert hired by the owner inspects the part completed by the contractor and pays an interim payment. However, after the completion of work, the contractor will still hold the defect warranty liability. In a scenario in which the work is delayed due to reasons for which the owner is responsible, the defect warranty liability period is also increased, imposing an additional burden on the contractor. In this study, basic research was carried out with the goal of reducing problems related to defect warranty liability Problems related to defect warranty liability cases and the nature of the defect warranty liability period were investigated. Possible solutions to the problems caused by the DWL that were suggested include the separation of the negligence liability period and the strict liability period, as well as the introduction of a retention money system.

• 무역상무연구
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• 제34권
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• pp.55-74
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• 2007

The documentary credit has been functioning as an indispensable tool for making international commercial transactions safer throughout the world since ICC adopted the second revision of the Uniform Customs and Practices for Commercial Documentary Credits in 1962. Letter of Credit transaction should be cleared by the principle of the trust and integrity and vile partners sometimes make a fraud on the L/C by the misinterpretation of the documents. As there is no rule but no exception, exception from application of these principles is allowed. The fraud exception nile constitutes contracting out an application of basic principles, this rule should apply restrictively and in many authorities a court does not apply this rule to nominated bank, confirming bank, and bona fide holder of draft even if fraud is involved in L/C transactions. If not, we lose a lot of benefits from the credit as valuable commercial device through reservation of these principles to take a few benefits. So, We need to recognize that the fraud exception rule should be applied restrictively. Therefore, this study reviewed condition of application and exception from application of fraud exception rule in view of Cardozo's opinion, the Sztejn court, and UCC Sections-114(2).

• 한국도서관정보학회지
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• 제35권2호
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• pp.47-71
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• 2004

본 연구는 일본의 대학도서관에서 시행하고 있는 아웃소싱의 현황 및 실태를 조사하여 대학독립법인화로 인해 파급되는 대학도서관의 변화를 파악하여 그 대비책을 마련하고자 하는 것이 목적이다. 대학독립법인화의 핵심은 경쟁원리로 교육ㆍ연구를 통한 대학간의 경쟁을 유도하고, 국가재정 위기와 학생 수 감소에 따라 경쟁원리에 입각한 효율적 경영을 하겠다는 것이다. 이에 따라 대학의 자율권은 확대되는 대신 정부지원은 축소되므로 아웃소싱을 통해 경비절감을 추구할 것이고, 이는 인원삭감으로 이어질 가능성이 매우 높다. 따라서 이러한 환경변화에 대처하기 위하여, 아웃소싱 현황을 분석하여 대학이 요구하는 교육ㆍ연구기능의 강화와 효율적 경영에 도서관이 고려해야 할 사항과 방향을 제시하였다.

• 한국도서관정보학회지
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• 제40권2호
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• pp.47-67
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• 2009

이 연구는 편목업무 아웃소싱의 득과 실을 공공도서관의 사례를 통해 직접 검증해 보는데 목적을 두고 있다. 이번 연구에서 필자가 밝혀내고자 시도한 내용은 다음과 같다: 첫째, 편목업무에 아웃소싱을 도입함으로써 실질적으로 업무의 효율성이 증대되었는가? 둘째, 편목업무의 아웃소싱이 목록의 품질에 어떠한 영향력을 미쳤는가? 셋째, 편목업무의 아웃소싱은 이용자서비스 업무를 강화하는데 과연 도움이 되었는가? 이 연구에서는 편목업무의 아웃소싱을 시행하고 있는 공공도서관의 사례를 분석하되, 상대적 비교를 위해 편목업무의 아웃소싱을 시행하지 않고 있는 공공도서관 중에서 비슷한 예산과 인력, 장서규모를 가진 도서관의 사례를 동시에 분석하였다. 표본으로 선정한 도서관은 대규모, 중규모, 소규모에 해당하는 공공도서관 각각 3곳씩 총 6곳이었다.

• 무역상무연구
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• 제77권
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• pp.43-67
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• 2018

Arbitration is one of alternative dispute resolution systems which settle a dispute by arbitrators(private persons) based on a contract between contracting parties without a judicial litigation system involved. As a valid arbitration agreement is an essential requirement for commencement of arbitration, the first thing to be determined is whether there is a valid arbitration agreement or not when a dispute is submitted. A consumer arbitration agreement usually exists as an arbitration clause in an adhesive contract between consumers and a seller. When consumers buy a product from a seller, they are requested to agree on a general terms and conditions which are unilaterally drafted by a seller in advance. These terms and conditions are not negotiable because it is an adhesive contract and consumers are placed in "take-it-or-leave-it" position. Therefore, even though there is an arbitration agreement between consumers and a seller, it has to be carefully considered whether it has a legal effect or not. In this respect, a court will examine if an arbitration agreement has procedural unconscionability and substantive unconscionability. Therefore, as U.S is a well-advanced and arbitration-friendly country, this paper analyzes four U.S cases to find out (i) what a court considers, (ii) how a court examines and interprets procedural and substantive unconscionability and (iii) if there has been a change in regard to a court's decision. By doing so, it will provide some suggestions and guidelines for a consumer arbitration in Korea.

• 무역상무연구
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• 제13권
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• pp.105-129
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• 2000

INCOTERMS 2000 was not changed in its basic system but much improved in many minor aspects, reflecting the expansion of customs free zone, the spread of electronic communications and the changes of transportation practices. Among many points, following revisions are to be considered important to examine : First, the term 'delivery' is clearly defined in the preamble of each term, which is very significant since the risk is connected with the delivery in international trade. Second, the obligation of carrying out export customs formalities in FAS and import customs formalities in DEQ are imposed to seller and buyer respectively according to current trade practices. Third, since the customs formalities are no more needed among the countries of customs free zone, the phrase 'where applicable' is inserted in A.2 and B.2 of each term. Fourth, the method of delivery(for example, loaded or unloaded) became very concrete and clear in each term. Fifth, in the obligation of buyer's contracting insurance, the 'no obligation' is added even though the buyer has no insurance obligation to the seller. Finally the I.C.C. tried to make unification of the special terminologies be in accordance with those of CISG to achieve international harmony between the uniform law and uniform usages.

• 한국항공운항학회지
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• 제21권1호
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• pp.51-56
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• 2013

Risk assessment should be processed when physical circumstances of airspace such as establishment of new flight procedures or reconstruction of existing airspace are planned to change and one of the alternatives for the change have to be selected. This is an effort to find the best alternative which is able to maintain at or above the acceptable risk level. ICAO and its contracting states provide specialized guidance material for 'Safety Management System' relating to handing airspace matters. These manuals include a conceptual framework for managing safety as well as some of the systemic processes and criteria used to meet the objectives of a State's safety programme. This criteria must be established in compliance with the State's laws and regulations for air safety and for the fulfillment of the State's safety goals. This study is to carry out the risk assessment criteria through literature reviews relevant to the safety management, and to propose the results of criteria to be applicable for establishing flight procedure design process.

• 자원ㆍ환경경제연구
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• 제26권1호
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• pp.103-121
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• 2017

국내 ESCO 사업은 에너지효율향상 제도 중에 하나로 1992년도에 도입되어 시행되고 있다. 현재 스마트그리드, 신재생에너지 등의 에너지시장 여건의 변화와 수요반응의 중요성이 부각되었다. 이에 사업 모델의 다양화 요구됨에 따라 해외 사례를 통한 국내 활용방안을 검토하였다. ESCO 산업이 활성화되었다는 유럽이나 미국에서의 사업영역은 에너지 공급 설비 및 공급 서비스부터 최종 사용자까지를 포함한 전 영역의 에너지 설비의 효율 개선 조치를 포함한다. 이런 ESCO 해외비즈니스 모델은 다양한 유형으로 구분이 가능함을 알 수 있으며, 그 유형을 프로젝트 수행방식, 공급자 수요관리, 파이낸싱의 방법, 기후변화 및 배출권 등, 신재생에너지, 에너지투자, IT연계관련, 신 ESCO사업, 기타의 기준으로 구분하였다. 본 연구에서는 각각의 비즈니스 사례 적용방안으로 국내에서도 IEC (Integrated Energy Contracting) 계약방식을 활용하는 것을 제안한다. 또한 에너지절약이라는 목표달성을 위해 개별사업유형의 나열함으로써 이를 허용하는 형태는 오히려 관련 시장 활성화를 가로막는 장애요인으로 작용하고 있는 바, 현행 에너지이용합리화사업을 위한 자금지원지침을 개정방안으로 투자사업 및 설치사업 모두를 포함하는 다양한 에너지절약사업을 대상사업으로 추가하되, 네거티브시스템(Negative system)의 도입을 제안한다.

• The Korean Journal of Physiology
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• 제4권1호
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• pp.59-67
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• 1970

In recent observations on vestibular eye movements in mammals, reported by several different workers, it was indicated that the pattern of reflex eye movement from semicircular canal nerve stimulation in rabbits was different from that observed in the other species such as cats and dogs. Observing the different anatomical features of the extraocular muscles of rabbits, Kim ascribed the different pattern of eye movement of rabbits to the functional difference of inferior and superior oblique muscles from those of other species. Present experiment was carried out to elucidate a physiological mechanism underlying in such particular pattern of reflex eye movement in rabbits. An individual canal nerve was selectively stimulated, under a dissecting microscope, by a fine electrode induced into an ampulla through a hole provided on the wall of corresponding osseous canal, and responses of the extraocular muscles were checked by recording the isotonic changes of muscle length. Following results were obtained. 1. Direct stimulation of the superior or inferior oblique muscles Produced upward or downward movement of the eye turning toward medial side respectively. 2. Stimulation of the unilateral canal nerve Produced a marked contraction of a main contracting ocular muscle and simultaneous relaxation of an antagonistic muscle in both eyes. Less potent contraction of an additional ocular muscle was observed and it appeared to augment the function of the main contracting muscle in the ipsilateral eye. 3. Stimulation of superior semicircular canal nerve caused a primary contraction of superior rectus, synergic contraction of superior oblique and relaxation of inferior rectus in ipsilateral eye. Contraction of inferior oblique and relaxation of superior oblique were observed in the contralateral eye. 4. Stimulation of lateral semicircular canal nerve produced a primary contraction of medial rectus, synergic contraction of superior oblique and relaxation of lateral rectus in the ipsilateral eye. Contraction of lateral rectus and relaxation of medial rectus were observed in the contralateral eye. 5. Stimulation of inferior semicircular canal nerve produced a primary contraction of superior oblique, synergic contraction of superior rectus and relaxation of inferior oblique in the ipsilateral eye. Contraction of. inferior rectus and relaxation of superior rectus were observed in the contralateral eye. 6. Upon stimulation of individual canal nerve, the pattern of eye movement in rabbits is different from those of cats, however, the responses of the extraocular muscles appear to be similar in two species. Therefore, it is concluded that the different Pattern of eye movement in both species are not due to the possible difference of vestibule-ocular reflex pathways but to the functional difference of superior and inferior oblique muslces.

• 무역상무연구
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• 제20권
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• pp.387-421
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• 2003

On the above, a comparison between preliminary draft conventions and comments by the Int'l Chamber of Commerce, contents of preliminary draft convention, problems and alternative are discussed. The conclusions are as follows thereof : The laws of MLEC and MLES made preparation for electronic era of CISG. But electronic circumstances are more changed than the time of regulation of them. Therefore the business world needs a stand-alone convention dealing broadly with the issues of contract formation in electronic commerce. At last, preliminary draft convention delivered a second round. But the base of the instrument was also MLEC and MLES. The revised preliminary draft convention is much amended beyond preliminary draft convention. At its forty-one sessions, the working group reviewed articles 1-11 of the revised preliminary draft convention presented by the secretariat. The remainder was pending until the time of its forty-two sessions. Therefore, on the base of deliberations and decisions of that sessions and them of thirty-six sessions of UNCITRAL, which will be held on comming november, the draft convention which will be prepared by the secretariate, be re-revised preliminary draft convention. According to review of working group on them, preliminary draft convention will officially be draft convention or revise by secretariate. Under these situations, my points of view on draft convention are as follows : As though e-UCP is used carring out side by side with UCP, after e-CISG making in order to adjust CISG to "on" transaction, it is very easy and prompt for business worked to use CISG with e-CISG. This will facilitate ratification of the CISG. For this case, I already presented contents of e-CISG. It is very important for the preliminary draft convention to deal specially with issues related to electronic contracting or to electronic transaction, because according to which way, its contents and scope of application will be different. But the revised draft convention is regretably compromising both them. Consequently, its contents are very confusing and we could not expect its success. If e-CISG will regulate, it is desirable that, if possible, working group has to make the general rule, and the making of useful, practical, affordable rule for electronic commerce, for example Uniform Customs and Practices for Electronic Commerce(e-UEC) in order to solve the specific practical problems, if any, which business currently faces regarding electronic contracting, has to entrust ICC. If working group want to make e-CISG, it is important not to hesitate and take a significant amount of time.