• Title/Summary/Keyword: Declaration of Avoidance

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Avoidance-based Cache Consistency Technique on Transaction Processing Using an Asynchronus Write Intention Declaration (비동기적 갱신 의도 선언에 의한 트랜잭션 처리의 회피-기반 캐쉬 일관성 유지 기법)

  • 박용문;이찬섭;최의인
    • Proceedings of the Korean Information Science Society Conference
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    • 2000.10a
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    • pp.107-109
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    • 2000
  • 고속 LAN과 같은 통신 장비의 발달로 클라이언트/서버 시스템 환경이 일반화됨에 따라 데이터베이스 시스템도 클라이언트/서버 환경을 지원하는 데이터 서버로서의 역할이 요구되었다. 또한, 다양하고 복잡한 형태의 제어 시스템들이 필요한 각 응용 분야에서 클라이언트/서버 시스템이 이용되고 있다. 이러한 상황에서 클라이언트들은 통신 비용 절감과 서버의 부하를 줄이기 위해 클라이언트의 버퍼에 데이터의 사본을 캐쉬(cache) 함으로써 클라이언트 시스템의 확장성 및 독립성을 추구한다. 하지만, 캐쉬한 데이터의 사본에 의해 갱신 연산이 수행되기 때문에 캐쉬 데이터의 일관성 유지를 위한 효율적인 방법들이 필요하다. 본 논문에서 제안한 기법은 클라이언트/서버 간의 데이터 전송이 페이지 단위로 행해지는 페이지-서버 환경에서 적용되는 회피-기반(avoidance-based) 기법으로써, 클라이언트가 데이터를 갱신할 때 갱신 의도를 비동기적으로 선언하는 캐위 일관성 유지 기법을 제안하였다. 그리고 제안한 기법과 최근에 제안된 기법들을 비교 분석하였다.

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A Study on the Cases of Seller's Fundamental Breach (근본적(根本的) 계약위반(契約違反) 조항(條項)의 적용(適用) 사례(事例)에 관한 고찰(考察) - 매도인(賣渡人)의 의무위반(義務違反)을 중심(中心)으로-)

  • Ha, Kang-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.19
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    • pp.67-93
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    • 2003
  • The CISG approach was intended to make the remedial system clear, but produced ambiguity, and complexity. The CISG does not differentiate between main, auxiliary and participatory obligations. There is no distinction between breaches of main or breaches of auxiliary obligations, rather, a distinction is made between fundamental and other breaches of contract. Articles 25 gives the definition of fundamental breach of contract. This concept is the essential of avoidance and remedial system in the CISG. This concept, however, is ambiguous. The fact that the fundamentality of a breach of contract in many cases is the condition for an avoidance of contract, is expression of the trend of the CISG to preserve contracts, which I consider as essential in international trade. The elements which define a substantial detriment are extremely complex. It will become obvious that the relevant detriment is not a static element, but in many instances occurs only when the breach of contract continues. It should be added that it is the circumstances of each individual case which are relevant. It is to be stressed that a fundamental breach of contract must constitute also a non-fulfillment of a contractual obligation.

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Avoidance-Based Cache Consistency Technique Using an Asynchronous Write Intension Declaration (비동기적 갱신 선언을 이용한 회피-기반 캐쉬 일관성 유지 기법)

  • Jang, Chang-Bok;Cho, Sung-Hoon;Kang, Woo-Suck;Kim, Dong-Hyuk;Lee, Chan-Seob;Park, Yong-Moon;Choi, Eui-In
    • Annual Conference of KIPS
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    • 2002.04a
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    • pp.23-26
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    • 2002
  • 클라이언트/서버 데이타베이스 시스템 환경이 대중화됨에 따라 클라이언트 캐쉬 데이터의 일관성을 유지하기 위한 기법들이 많이 제안되고 있다. 기존의 회피-기반 기법들은 갱신의도(write intuition) 선언을 동기적(synchronous)으로 수행하는 CB(Callback) 기법과 지연(defereed)하는 O2PL(Optimistic 2-Phase Locking) 기법을 기반으로 연구가 이루어졌다. 본 논문에서는 회피-기반(avoidance-based)에서 서버에게 갱신의도 선언을 비동기적으로 수행하는 캐쉬 일관성 유지 기법을 제안한다. 본 논문에서 제안한 기법은 갱신의도 선언을 비동기적으로 수행함으로 서버의 응답을 기다리지 않고 트랜잭션 처리를 수행함으로써 좋은 성능을 보이고, 트랜잭션 철회(abort)율이 낮다는 장점을 갖는다.

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A Study on the Cases of Buyer's Breach (CISG하의 매수인의 계약위반 사례에 관한 고찰)

  • Ha, Kang-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.26
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    • pp.87-111
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    • 2005
  • The buyer must pay the price under the contract and must take delivery of the goods of contract. The buyer's obligation to pay the price includes taking such steps and such formalities under the contract. The remedial system of the rights of the seller is easier than that of the buyer, for the obligations of the former are less complicated. The seller has the right to avoid a contract provided two conditions are fulfilled : (a) the buyer must have committed a fundamental breach of contract, or (b) the additional period for performance set by the seller in the case of non-performance must have expired. A decision is more difficult to take in the case of a delay where there is no fixed-term contract, to clarify the situation the seller may set a Nachfrist. It is essential that the contracting parties in Korea should understand the provisions of CISG.

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A Study on the Cases of Buyer's Breach (매수인의 계약위반 사례에 관한 고찰)

  • Ha, Kang-Hun
    • 한국무역상무학회:학술대회논문집
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    • 2004.12a
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    • pp.79-104
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    • 2004
  • The buyer must pay the price under the contract and must take delivery of the goods of contract. The buyer's obligation to pay the price includes taking such steps and such formalities under the contract. The remedial system of the rights of the seller is easier than that of the buyer, for the obligations of the former are less complicated. The seller has the right to avoid a contract provided two conditions are fulfilled : (a) the buyer must have committed a fundamental breach of contract, or (b) the additional period for performance set by the seller in the case of non-performance must have expired. A decision is more difficult to take in the case of a delay where there is no fixed-term contract, to clarify the situation the seller may set a Nachfrist. It is essential that the contracting parties in Korea should understand the provisions of CISG.

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Technical and Political Approaches for Successful Settling of the Environmental Agriculture System in Korea (한국 환경농업의 성공적 정착을 위한 정책적 및 기술적 접근과제)

  • 손상목;정길생
    • Korean Journal of Organic Agriculture
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    • v.5 no.2
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    • pp.13-36
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    • 1997
  • This study aims to point out the basic strategy of agrotechnical and -political approaches toward successful settling for the environmental agriculture system in Korea. Although environmental agriculture & forestry strategy toward the 21st century and it's action program were released in 1996, some scientist from environmental agriculture and organic agriculture still argue on the errors of it's strategy and action program in terms of environmental sound functions. Especially it's strategy and action program of government did not focus the reduction of fertilizer and pesticide as the matters of weight and importance to reduction of fertilizer and pesticide as the matters of weight and importance to realize an environmental sound agriculture system. And korean organic agriculture gets a point in dispute, because 1) they do not practice of Basic Standard of IFOAM and FAO/WHO Codex draft, and 2) organic farming is defined quite differently from internationally recognized core aspects of organic agriculture. Organic farming, in Korea, is taken to mean the replacement of chemical fertilizer by organic manure and avoidance of agricultural chemicals. In the paper it is discussed the necessity, purpose, effect and consequence of basic standard for korean organic agriculture. The reformation of the certification system and t he direct payment system in environmental agriculture & forestry strategy toward the 21st century and it's action program by government, and on the need of the teaching program and curriculum in high education institution, the breeding program of resistant cultivars, the soil testing for optimum fertilization strategy, the nutrient management program, the declaration for 2020 environemntal agriculture are also discussed.

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Food Allergy, a Newly Emerging Food Epidemic: Is the Current Regulation Adequate?

  • Lee, N. Alice
    • Journal of Food Hygiene and Safety
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    • v.27 no.4
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    • pp.325-331
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    • 2012
  • Food allergy refers to an immunologically mediated adverse reaction to food, mainly to proteinaceous constituents. Health implications vary between those individuals who experience mild physical discomforts to those with fast-acting, life-threatening anaphylactic reactions. The prevalence of food allergy is higher in children than in adults, estimated around 4-8% and 1-2% respectively in developed countries. Food allergy has no effective cure at the present time and total avoidance of causative foods is the most reliable prophylactic method currently recommended by the medical community. To help food allergic patients to make informed choices of their foods, mandatory labeling of selected food allergens has been introduced in several countries. All food allergen labelling provisions specify a set of allergens common to the regulated countries. Policy divergence, however, exists between countries by inclusion of additional allergens unique to specific countries and enforcement of specific labelling requirements. Such variations in food allergen labelling regulations make it difficult to manage allergen labeling in imported pre-packaged food products. This paper addresses two current issues in food allergen regulation: 1) an urgent need to determine true prevalence of food allergy in the Asia-Pacific region. This will enable refinement to the food allergen regulation to be more country-specific rather than simply adopting CODEX recommendations. 2) There is an urgent need for harmonization of food allergen regulation in order to prevent food allergen regulation becoming a trade barrier.

Discussion by UNCITRAL for Development of International Commercial Conciliation and Arbitration Systems (국제상사조정 및 중재제도 개선에 관한 UNCITRAL 논의동향)

  • Lee, Kang Bin
    • Journal of Arbitration Studies
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    • v.10 no.1
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    • pp.3-25
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    • 2000
  • At its thirty-second session in 1999, the UNCITRAL had before it the requested note entitled "Possible future work in the area of international commercial arbitration." After concluding the discussion on its future work in the area of international commercial arbitration, it was agreed that the priority items for the working group should be conciliation, requirement of written form for the arbitration and enforceability of interim measures of protection. the Commission entrusted the work to the Working Group on Arbitration which held its thirty-second session at Vienna from 20 to 31 March 2000. The Working Group discussed agenda item 3 on the basis of the report of Secretary General entitled "Possible uniform rules on certain issues concerning settlement of commercial disputes : conciliation, interim measures of protection, written form for arbitration agreement." At its thirty-three session in 2000, the UNCITRAL had before it the report of Secretary General on agenda item 3 discussed by the Working Group. The Working Group discussed the issues relating to certain aspects of conciliation proceedings ; (1) Admissibility of certain evidence in subsequent judicial or arbitral proceedings ; (2) Role of conciliatior in arbitration or court proceedings ; (3) Enforceability of settlement agreements reached in conciliation proceedings ; (4) Other possible items for harmonized treatment : a) Admissibility or desirability of conciliation by arbitrators b) Effect of an agreement to conciliate on judicial or arbitral proceedings c) Effect of conciliation on the running of limitation period d) Communication between the conciliator and parties ; disclosure of information e) Role of conciliator. It was generally considered that decisions as to the form of the text to be prepared should be made at a later stage when the substance of prepared solutions would become clearer. However, it was noted that model legislative provisions seemed to be appropriate form for a number of matters proposed to be discussed in the area conciliation. There was general support in the Working Group for the proposition to perpare a legislative regime governing the enforcement of interim measures of protection ordered by arbitral tribunals. It was generally considered that legislative regime should apply to enforcement of interim measures issued in arbitration taking place in State where enforcement was sought as well as outside that State. It was generally observed that there was a need for provisions which conformed to current practice in international trade with regard to requirements of written form for arbitration agreement. The view was adopted by the Working Group that the objective of ensuring a uniform interpretation of the form requirement that responded to the needs of international trade could be achieved by : preparing a model legislative provision clarifying, for avoidance of doubt, the scope of article 7(2) of the UNCITRAL Model Law on International Commercial Arbitration : and adopting a declaration, resolution or statement addressing the interpretation of the New York Convention that would reflect a broad understanding of the form requirement. There was general agreement in the Working Group that, in order to promote the use of electronic commerce for international trade and leave the parties free to agree to the use of arbitration in the electronic commerce sphere, article II(2) of the New York Convention should be interpreted to cover the use of electronic means of communication as defined un article 2 of the Model Law on Electronic Commerce and that it required no amendment to do that. The UNCITRAL may wish to consider to the desirability of preparing uniform provisions on any of those issues concerning conciliation and arbitration proceedings, possibly indicating whether future work should be towards a legislative text or non-legislative text.

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Discourse Analysis of Business Chinese and the Comparison of Negotiation Culture between Korea and China - Focused on Business Emails Related to 'Napkin Holder' Imports - (무역 중국어 담화 고찰과 한중 협상문화 비교 - '냅킨꽂이' 수입 관련 비즈니스 이메일을 중심으로 -)

  • Choi, Tae-Hoon
    • Cross-Cultural Studies
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    • v.50
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    • pp.103-130
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    • 2018
  • This research aims to explore the associated linguistic features and functions of Chinese as used for business trading purposes, and which is based on a discourse analysis through a case in which a Korean buyer and a Chinese supplier have exchanged Internet based e-mails. The research questions include first, the linguistic functions and characteristics of Chinese shown as identified in this trade case through e-mails, second, the use of Chinese trade specific terms, and third, the apparent and dynamic negotiation strategies that are identified as followed by the cultural value systems which are used for resolving interest conflicts and issues between the buyer and supplier in the course of negotiating business contracts between two parties. The participants of this research pertain to a Korean buyer, James and a Chinese supplier, Sonya. The associated data consists of 74 e-mails exchanged between the two parties, initiated in an effort to begin and complete a trade item, in this case namely the product of napkin holders. The research for the study is based on the discourse analysis and empirically analyses models of Chinese linguistic functions and features. The findings are the following. First, as identified, the specific Chinese functions used and sequenced in this trade case are of a procedure, request, informing, negotiation and persuasion. Second, the essential trade terms used in this business interaction involve the relevant issues of 1) ordering and price negotiating, 2) marking the origin of the products, 3) the arrangement of the product examination and customs declaration for the anticipated import items, 4) preparation of the necessary legal documents, and 5) the package and transport of the product in the final instance. Third, the impact of the similarities and differences in the cultural value systems between Korea and China on the negotiations and conflict resolution during a negotiated contract between two parties are speculated in terms of the use of culturally based techniques such as face-saving and the utilization of uncertainty-avoiding strategies as meant to prevent misunderstandings from developing between the parties. The concluding part of the study discusses the implications for a practical Chinese language education utilizing the linguistic functions and features of the Chinese culture and language strategies as useful in business associations for trading purposes, and the importance of intercultural communication styles based on similar of different identified cultural values as noted between two parties.

A Study on the Meaning of Outer Space Treaty in International Law (우주조약의 국제법적 의미에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.223-258
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    • 2013
  • 1967 Outer Space Treaty(Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; OST) is a treaty that forms the basis of international space law. OST is based on the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space announced by UNGA resolution. As of May 2013, 102 countries are states parties to OST, while another 27 have signed the treaty but have not completed ratification. OST explicitly claimed that the Moon and Other Celestial Bodies are the province of all mankind. Art. II of OST states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means", thereby establishing res extra commercium in outer space like high seas. However 1979 Moon Agreement stipulates that "the moon and its natural resources are the Common Heritage of Mankind(CHM)." Because of the number of the parties to the Moon Agreement(13 parties) it does not affect OST. OST also established its specific treaties as a complementary means such as 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention. OST bars states party to the treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications. However OST does not prohibit the placement of conventional weapons in orbit. China and Russia submitted Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT) on the Conference on Disarmament in 2008. USA disregarded PPWT on the ground that there are no arms race in outer space. OST does not have some articles in relation to current problems such as space debris, mechanisms of the settlement of dispute arising from state activities in outer space in specific way. COPUOS established "UN Space Debris Mitigation Guidelines" based on "IADC Space Debris Mitigation Guidelines" and ILA proposed "International Instrument on the Protection of the Environment from Damage Caused by Space Debris" for space debris problems and Permanent Court of Arbitration(PCA) established "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" and ILA proposed "1998 Taipei Draft Convention on the Settlement of Space Law Dispute" for the settlement of dispute problems. Although OST has shortcomings in some articles, it is very meaningful in international law in considering the establishment of basic principles governing the activities of States in the exploration and use of outer space, including the Moon and Other Celestial Bodies. OST established the principles governing the activities of states in the exploration and use of outer space as customary law and jus cogens in international law as follows; the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The principles of global public interest in outer space imposes international obligations erga omnes applicable to all States. This principles find significant support in legal norms dealing with following points: space activities as the "province of all mankind"; obligation to cooperate; astronauts as envoys of mankind; avoidance of harmful contamination; space activities by States, private entities and intergovernmental organisations; absolute liability for damage cauesd by certain space objects; prohibition of weapons in space and militarization of the celestial bodies; duty of openness and transparency; universal application of the international space regime.

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