• Title/Summary/Keyword: Covenant

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An Output Control Algorithm for Phase Shift Full Bridge Converter for Ballast Water Treatment (선박 평형수 처리용 Phase Shift Full Bridge Converter 출력 제어 알고리즘)

  • Lee, Sang-Ri;Kim, Hag-Wone;Cho, Kwan-Yuhl;Jung, Ho-Chul;Kim, Jong-Hyug;Park, Gwi-Cheol
    • The Transactions of the Korean Institute of Power Electronics
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    • v.18 no.6
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    • pp.530-539
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    • 2013
  • In large vessels, proper water level must be maintained with a balance for right and left equilibrium by absorbing or draining sea water in ballast water tank. However, this ship's ballast-water can be drained marine organisms to local sea area by world trade and this can be a source of ecological disturb. In order to solve these problems, marine organisms must be removed in accordance with the international covenant for the emission of microorganisms. By this reason, the seawater electrolysis rectifier of low-voltage high-current rectifiers with excellent ability for microbial treatment is required. In this paper, PSFB converter will be discussed for the seawater electrolysis rectifier. Furthermore, a new output control method with the power limit operation under the limited maximum voltage condition is proposed for this rectifier. The simulation for the proposed current control method for PSFB Converter is shown using MATLAB/SIMULINK. Finally the usefulness of the proposed control method is presented by the experimental results.

Various Issues on International Guarantee (국제적(國際的) 보증(保證)의 제문제(諸問題))

  • Suk, Kwang-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.17
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    • pp.7-35
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    • 2002
  • In many international financing transactions Korean companies are required to issue a guarantee. Thus far, however, legal issues on international guarantees have not been fully discussed in Korea. This is partly because most of the international guarantees are governed by a foreign law such as English law or the laws of the State of New York. In this articles the author examines major concepts or terms and conditions of a typical international guarantee, e.g., language on consideration, primary obligor, joint and several guarantee, unconditional and irrevocable guarantee, continuing guarantee, right of subrogation, representations and warranties, covenant or undertaking, currency indemnity, assignment, participation, governing law and jurisdiction clause, etc. For reference, standard forms of a guarantee and a standby letter of credit are attached to the article. In examining the terms and conditions, the author compares them with similar or equivalent concepts under Korean law. The author further discusses some Korean law issues that may arise under international guarantees governed by a foreign law. These issues include the application of the ultra vires doctrine under Article 34 of the Civil Code of Korea, the validity of an international guarantee which a Korean company has issued in violation of the guarantee ceiling set under Article 10 of the Law on Monopoly Regulation and Fair Trade of Korea and the validity of an international guarantee which a Korean party has issued in violation of the Foreign Exchange Transaction Law. In addition, the author discusses some issues under a so-called independent guarantee and a standby letter of credit. In this regard, reference is made to the Uniform Rules for Demand Guarantee (URDG), International Standby Practices (ISP98) and the Convention on Independent Guarantees and Stand-by Letters of Credit adopted by the United Nations in 1995. Finally, the author examines major terms and conditions of typical comfort letters and discusses some legal issues, such as the binding force of the comfort letter. In dealing with the issues the author underscores that to the extent the issues are not properly dealt with by an international norm such as Uniform Customs and Practice for Documentary Credits or ISP 98, the issues must be analyzed by reference to the governing law of the relevant instrument.

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Analysis of the Legal Effect of Settlement Agreements Prepared in Medical Litigation Following Plastic Surgery in Korea

  • Kwon, Jung Woo;Park, Bo Young;Kang, So Ra;Hong, Seung Eun
    • Archives of Plastic Surgery
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    • v.44 no.4
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    • pp.283-292
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    • 2017
  • Background Settlements between doctors and patients provide a solution to complicated disputes. However, some disputes may be renewed as a result of negligence by both parties. The purpose of this study was to review the legal issues that may potentially arise during the preparation of settlement agreements and to propose a list of requirements for ensuring the effectiveness of these settlement agreements. Methods Data from 287 civil cases concerning aesthetic surgery that took place between 2000 and 2015 were collected from a court database in South Korea. Factors that influenced the effectiveness of settlement agreements were analyzed. Results Among the 287 court precedents, there were 68 cases of covenant not to sue. Eighteen cases were dismissed because the settlement agreements were recognized as effective, and 50 cases were sent forward for judgment on their merits because the agreements were not recognized as effective. The types of surgery and types of complications were classified by frequency. We evaluated the geographical distribution of the precedents, the settlement timing, and the effectiveness and economic impact of the settlements. We found that there was no statistically significant relationship among these factors. Four major factors that made a settlement agreement legally effective were identified, and the data showed that fee-free reoperations were not considered by the court in determining the compensation amount. Conclusions When preparing a settlement agreement, it is advisable to review the contents of the agreement rather than to take the preparation of a settlement agreement per se to be legally meaningful.

A Study on Common/Private Borderline and Renovation of Apartment House (공동주택의 공사구분(共私區分)과 리모델링과의 관계에 관한 연구;한국과 일본의 공동주택 표준관리규약을 중심으로)

  • Lee, Jae-Sauk;Seo, Hyeong-Wook;Nam, Hye-Won;Chun, Jae-Youl
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2007.11a
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    • pp.562-566
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    • 2007
  • In apartment house renovation project, the project progress held up in perception gap or conflict of interest with residents as usual. These dispute occurs ambiguous borderline ordistinction of Common Useing) Parts and Exclusive Possessed Private Parts. The Maintenance Covenant now in force in Korea and Japan are considered in this paper about theses item. Summarizing the conclusion is as below. 1) In The Maintenance Covenantnow in force, in definition of Ownership, Utilization, Maintenance, Japan is more ostensive than Korea. 2) The Borderline of Common Using Parts with Exclusive Possessed Parts is [Inner line of Exterior Wall] in Korea and in Japan also. But in Korea it is not in unity in purpose and action or definition and description. 3) In Japan, the Subject of Ownership is defined with hierarchically, as Housing complex-residential Building-individual dwelling, But not in Korea. 4) In Japan, [Exclusively using Common Owned Parts] are defined, But not in Korea.

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Predictive modeling of the compressive strength of bacteria-incorporated geopolymer concrete using a gene expression programming approach

  • Mansouri, Iman;Ostovari, Mobin;Awoyera, Paul O.;Hu, Jong Wan
    • Computers and Concrete
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    • v.27 no.4
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    • pp.319-332
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    • 2021
  • The performance of gene expression programming (GEP) in predicting the compressive strength of bacteria-incorporated geopolymer concrete (GPC) was examined in this study. Ground-granulated blast-furnace slag (GGBS), new bacterial strains, fly ash (FA), silica fume (SF), metakaolin (MK), and manufactured sand were used as ingredients in the concrete mixture. For the geopolymer preparation, an 8 M sodium hydroxide (NaOH) solution was used, and the ambient curing temperature (28℃) was maintained for all mixtures. The ratio of sodium silicate (Na2SiO3) to NaOH was 2.33, and the ratio of alkaline liquid to binder was 0.35. Based on experimental data collected from the literature, an evolutionary-based algorithm (GEP) was proposed to develop new predictive models for estimating the compressive strength of GPC containing bacteria. Data were classified into training and testing sets to obtain a closed-form solution using GEP. Independent variables for the model were the constituent materials of GPC, such as FA, MK, SF, and Bacillus bacteria. A total of six GEP formulations were developed for predicting the compressive strength of bacteria-incorporated GPC obtained at 1, 3, 7, 28, 56, and 90 days of curing. 80% and 20% of the data were used for training and testing the models, respectively. R2 values in the range of 0.9747 and 0.9950 (including train and test dataset) were obtained for the concrete samples, which showed that GEP can be used to predict the compressive strength of GPC containing bacteria with minimal error. Moreover, the GEP models were in good agreement with the experimental datasets and were robust and reliable. The models developed could serve as a tool for concrete constructors using geopolymers within the framework of this research.

A new formulation for strength characteristics of steel slag aggregate concrete using an artificial intelligence-based approach

  • Awoyera, Paul O.;Mansouri, Iman;Abraham, Ajith;Viloria, Amelec
    • Computers and Concrete
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    • v.27 no.4
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    • pp.333-341
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    • 2021
  • Steel slag, an industrial reject from the steel rolling process, has been identified as one of the suitable, environmentally friendly materials for concrete production. Given that the coarse aggregate portion represents about 70% of concrete constituents, other economic approaches have been found in the use of alternative materials such as steel slag in concrete. Unfortunately, a standard framework for its application is still lacking. Therefore, this study proposed functional model equations for the determination of strength properties (compression and splitting tensile) of steel slag aggregate concrete (SSAC), using gene expression programming (GEP). The study, in the experimental phase, utilized steel slag as a partial replacement of crushed rock, in steps 20%, 40%, 60%, 80%, and 100%, respectively. The predictor variables included in the analysis were cement, sand, granite, steel slag, water/cement ratio, and curing regime (age). For the model development, 60-75% of the dataset was used as the training set, while the remaining data was used for testing the model. Empirical results illustrate that steel aggregate could be used up to 100% replacement of conventional aggregate, while also yielding comparable results as the latter. The GEP-based functional relations were tested statistically. The minimum absolute percentage error (MAPE), and root mean square error (RMSE) for compressive strength are 6.9 and 1.4, and 12.52 and 0.91 for the train and test datasets, respectively. With the consistency of both the training and testing datasets, the model has shown a strong capacity to predict the strength properties of SSAC. The results showed that the proposed model equations are reliably suitable for estimating SSAC strength properties. The GEP-based formula is relatively simple and useful for pre-design applications.

Legal approach on uniliteral changing membership in the airlines' frequent flyer program (항공사의 상용고객우대제도 변경에 관한 법적 고찰 - 미국 연방대법원의 Northwest, Inc. v. Ginsberg사례를 중심으로 -)

  • Nam, Hyun-Sook;Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.65-94
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    • 2015
  • Since American Airlines launched AAdvantage which was the first Frequent Flyer Program in 1981, many people has accumulated mileage credits, and now, frequent flyer program(FFP) is the universal marketing tool to the airlines. These days, airlines establish a strategic alliance with domestic and foreign companies of various fields ; other airlines, travel agencies, car hire firms, hotels, department stores, even credit card companies. However, more people want to use their mileage credits, more airlines reject to approve that or change frequent flyer program against their customers. Last year, Northwest, Inc. v. Ginsberg, the United State Supreme Court made a decision that the preemption provision of Airlines Deregulation Act(ADA) preempts state laws related to rates, routes and services for air carriers including implied covenant of good faith and fare dealing. Thus, the claim of Ginsberg was canceled, it means that Northwest Inc. could terminated one-sidedly his membership in the frequent flyer program. In the contrast, Korea does not have the statute like ADA. If customers file a claim on FFP like Ginsberg, the courts of Korea judge whether the clauses of standard form contract are unfair or not. Therefore, in this article, Ginsberg would be checked on legal issues and be compared briefly with the courts' ruling in Korea.

How to Reflect Sustainable Development in Overseas Investment including Equator Principles (해외투자(海外投資)와 지속가능발전 원칙 - 적도원칙(赤道原則)(Equator Principles)을 중심으로 -)

  • Park, Whon-Il
    • 한국무역상무학회:학술대회논문집
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    • 2006.06a
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    • pp.45-72
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    • 2006
  • The Equator Principles are a set of voluntary environmental and social guidelines for ethical project finance. These principles commit banks and other signatories to not finance projects that fail to meet these guidelines. The principles were conceived in 2002 on an initiative of the International Finance Corporation and launched in 2003. Since then, dozens of major banks have adopted the Principles, and with these banks among them accounting for more than three quarters of all project loan market volume the Principles have become the de facto standard for all banks and investors on how to deal with potential social and environmental effects of projects to be financed. While regarding the Principles an important initiative, NGOs have criticised the Principles for not producing real changes in financing activities and for allowing projects to go through that should have been screened out by the Principles, such as the Sakhalin-II oil and gas project in Russia. In early 2006, a process of revision of the principles was begun. The Equator Principles state that endorsing banks will only provide loans directly to projects under the following circumstances: - The risk of the project is categorized in accordance with internal guidelines based upon the environmental and social screening criteria of the International Finance Corporation (IFC). - For all medium or high risk projects (Category A and B projects), sponsors complete an Environmental Assessment, the preparation of which must meet certain requirements and satisfactorily address key environmental and social issues. - The Environmental Assessment report addresses baseline environmental and social conditions, requirements under host country laws and regulations, applicable international treaties and agreements, sustainable development and use of renewable natural resources, protection of human health, cultural properties, and biodiversity, including endangered species and sensitive ecosystems, use of dangerous substances, major hazards, occupational health and safety, fire prevention and life safety, socio-economic impacts, land acquisition and land use, involuntary resettlement, impacts on indigenous peoples and communities, cumulative impacts of existing projects, the proposed project, and anticipated future projects, participation of affected parties in the design, review and implementation of the project, consideration of feasible environmentally and socially preferable alternatives, efficient production, delivery and use of energy, pollution prevention and waste minimization, pollution controls (liquid effluents and air emissions) and solid and chemical waste management. - Based on the Environmental Assessment, Equator banks then make agreements with their clients on how they mitigate, monitor and manage those risks through an 'Environmental Management Plan'. Compliance with the plan is required in the covenant. If the borrower doesn't comply with the agreed terms, the bank will take corrective action, which if unsuccessful, could ultimately result in the bank canceling the loan and demanding immediate repayment. - For risky projects, the borrower consults with stakeholders (NGO's and project affected groups) and provides them with information on the risks of the project. - If necessary, an expert is consulted. The Principles only apply to projects over 50 million US dollars, which, according to the Equator Principles website, represent 97% of the total market. In early 2006, the financial institutions behind the Principles launched stakeholder consultations and negotiations aimed at revising the principles. The draft revised principles were met with criticism from NGO stakeholders, who in a joint position paper argued that the draft fails by ignoring the most serious critiques of the principles: a lack of consistent and rigorous implementation.

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T. Hobbes' view of man and commonwealth (홉스의 인간관과 국가관)

  • Yi, Jun-ho
    • Journal of Korean Philosophical Society
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    • v.131
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    • pp.331-352
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    • 2014
  • The aim of this study is to newly interpretate to T. Hobbes' view of man and commonwealth in his On Man and On Citizen. An established reputation of the Hobbes' view is as follows. The nature of every man is egoistic. Therefor in the state of nature every man struggles against every man to acquire the good for himself. To suppress this egoistic nature of every man commonwealth established through the covenant of every man. And every man is absolutely subject to the common power of commonwealth. By doing so, every man preserves the life of himself. In that opinion, it seems that commonwealth have absolutely superiority over a man, and suppresses the liberty and autonomy of every man. This study different from that opinion speaks as follows. The nature of every man is not egoistic, but the nature of some men is egoistic. Therefor commonwealth dose not suppress the liberty and autonomy of every man, but suppress the aggression of some egoistic men through the common power. By that work, commonwealth gives every man the hope of his safety and peace. If that hope is not preserved, the duty or need that every man is subject to commonwealth will be discharged. In that state, rather the common power of commonwealth is the power of enemy, by the law of nature man struggle against commonwealth as an enemy. Therefor we can know the meaning of 'mortal god' that commonwealth is called by Hobbes.

Park Se-chae's Theory of Rituals and eclectic features (남계 박세채의 예론과 고금절충론적 특징)

  • Yi, Nam-ok
    • (The)Study of the Eastern Classic
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    • no.68
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    • pp.209-235
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    • 2017
  • This study was conducted for a review of Park Se-chae's Theory of Rituals and eclectic features. He was in agreement with Song Si-yeol's allegation and Seoin's theory of rituals(西人禮論) in the 1659 controversy over propriety(己亥禮訟) and the 1674 controversy over propriety(甲寅禮訟). After that, he was cautious and criticized for Song's claims in 1683 discussion of Hyojong's sacrifices and Taejo's posthumous name. This tendency can be seen in his paper of rituals. He wrote "服制私議"(Private opinion of mourning clothes) etc. in his early life and wrote "關西昏喪契約束"(Covenant on wedding ceremonies and mourning ceremonies in the Gwanse province), "喪祭値疫痘說"(Mourning ceremonies and sacrifice when there is an epidemic) etc. in his later life. By comparing the books, we can identify changes in Park Se-chae's eclectic features. Early in life, he reviewed Gorye(古禮, Rituals of the old such as Liji) and the timely institutions(時制) on the "朱子家禮"(A book written by Zhuzi about family rituals). However, later in life, he reviewed Gorye and the Zhuzi Jiali on the timely institutions. The following is a summary of the above. His theory of rituals can be said that the eclectic features have changed from 'on Zhuzi Jiali' to 'on the timely institution'.