• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.60
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• pp.47-77
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• 2013

The way for seller to procure the goods for selling is to produce the goods at his own factory and to buy the manufactured goods from the other company. In order to produce the goods for selling the seller have to obtain the resource from the domestic company or overseas. In the middle of producing the goods to sell, seller may breach the right of a third party based on intellectual property rights. That is to say, seller may use the machine that has not itself been patented and use a process which has been patented by a third party. Seller may manufacture the goods which themselves are subject to the third party industrial property rights. Nowadays it is stressed the importance of intellectual property rights such as a patent, brand, and design. These factors consist of the core elements of the competitiveness of the goods. Many embedded software have been used in the various sector. So the disputes regarding to the intellectual property rights is gradually increasing in number. Article 42 of CISG defines the seller's delivery obligations and liabilities in respect to third party intellectual property rights and claims. It contains a special rule for this similar kind of defective in title, which tries to provide an proper solution to the complex problems caused by such rights and claims in international transactions. When seller will apply this clause to the business fields, there are several points to which seller should give attention. First, Intellectual property is general terms in intangible property rights, encompassing both copyright and industrial property. Which matter fall within the scope of intellectual property? The scope of intellectual property can be inferred from the relevant international conventions, which are based on broad international consensus. Second, Article 42 of CISG governs the relationship between the seller and the buyer, that is to say, questions of who has to bear the risk of third party intellectual property rights. The existence of such intellectual property rights, the remedies available and the question of acquiring goods free of an encumbrances in good faith are outside the scope of the CISG. The governing law regarding to the abovementioned matters is needed.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2008.11a
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• pp.216-221
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• 2008

This study has been carried out in order to observe the status of performance warranty contracting system currently being implemented at the advanced countries including Europe, U.S.A., and Japan, review the introduction feasibility and possibility. For this purposes this study has surveyed the concept and necessity of performance warranty contracting system as well as the status of domestic performance warranty contracting system. Especially the application environment for the performance warranty contracting system of Europe, U.S.A., Japan and Korea in terms of maintenance guarantee liability system, performance warranty regulations for design-build contracting system, selection method of successful bidder, performance warranty means, project contracting system including maintenance cost, and specifications and contract conditions for performance warranty system have been comparatively evaluated. And introduction methods of performance warranty contracting system were suggested.

• Korean Journal of Construction Engineering and Management
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• v.12 no.1
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• pp.97-106
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• 2011

Construction Management is the overall management of the project as construction manager and the owner are united together. Construction manager's role is to conduct the overall or partial construction administration in the 'design, bid, build' process, in the owner's interests with maintaining technical neutrality. Construction manager is becoming one of new professionals in the building process and the contract defines their roles and the range of services, so high level of ethnics are required. This study suggests the legal status of the construction manager and the ethnic standards and the ethnic's characteristics. In conclusion, firstly, the legal characteristics of the administration of construction management are the delegations contract, the responsibility of negligence and the duty of due diligence, abided by the contract that ties between the owner and the construction manger. Secondly, the administerial characteristics of the construction management are the role of mediator, the service of professional technology, accountability to the owner and publicness. Thirdly, due to these characteristics, as a professional, the standard of ethnic assessment for the construction project manager are intention, act and result, so with the relation to that, morality, deontology and consequentialism have been suggested in this study.

• Journal of the Institute of Electronics Engineers of Korea SC
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• v.45 no.3
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• pp.51-58
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• 2008

This paper is a study of a prevention of power folding controller's thermal degradation. Power folding technology has been applied for many fields such as side rear vision mirror of vehicles, windshield wiper, antenna, power window. These controllers have been comprised with traditional DC moors, Switching electronic devices, and relays. But this methods have a limitation to overcome such problems of product reliability, endurance, noise margins. Therefore on this paper, to detect the movement of motor, sensing motor brush noise on a load sensing part has been used and controlling a precise RC timing control minimizes the thermal deterioration of motor. And using MOS FETs as a electronic switching device increases life-time and liability of control circuit. After testing such circuit and control method, repetition of operating time, cut-off time, wide operation voltage, power noise margin ware increased over eleven-fold.

• Proceedings of the Korea Water Resources Association Conference
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• 2012.05a
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• pp.471-471
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• 2012

도시유역에서 주로 침수피해가 발생하는 방류토구 인근의 저지대의 경우 유수지 및 빗물펌프장을 통하여 피해 발생을 방지할 수 있는 반면, 도심지 한복판에 이러한 상습 침수지역이 존재한다면 이에 대한 침수 방지 시설물의 설치에는 한계가 있다. 이러한 도심지 한복판의 침수위험지역의 경우 부지 확보의 어려움으로 인하여 유수지의 설치는 매우 제한적이며, 따라서 근래 대두되고 있는 것이 지하 저류공간의 건설 등이다. 그러나 본 연구에서는 이러한 지하 저류공간의 건설과 더불어 우수관망의 설계 자체를 침수피해 저감 측면에서 그 효과를 최대화하고자 하였다. 본 연구에서는 동일한 설계빈도하에 설계된 우수관망이라 하더라도 관망의 노선 선정에 따라서 초과강우사상에 따른 침수 발생량이 달라질 수 있다는 점에 주목하였다. 즉, 우수관망의 전체적인 구성에 있어서 설계빈도를 초과하는 강우사상에 대하여 그 부하량을 적정히 분배함으로써 관망의 전체적인 침수 발생 위험을 전반적으로 줄이는 것이다. 이를 통하여 확보되는 안전성은 지하 저류공간 등 각종 침수피해 저감 시설과 더불어 우수관망시스템의 침수피해 발생 위험을 전반적으로 줄일 수 있을 것이다. 본 연구에서는 이러한 목적하에 도시유역에서의 침수위험도 분석을 실시하였으며, 선행 연구를 통하여 제안된 우수관망의 신뢰도 산정 식을 토대로 목적함수를 아래의 식과 같이 구성하였다. $$Max.\;liability\;of\;Sewer\;Networks=1-\;{(1-N)^2+(1-V_i)^2\atop2}\;\cdots\cdots\cdots\;\;\;(1)$$ 여기서, $V_i$는 적용된 강우량당 유역의 전체 유출량 대비 월류발생량을 나타내며, $N_i$는 적용된 강우량당 해당 관망의 전체 지점 수 대비 월류 발생지점 수를 나타낸다. 이를 통하여 우수관망의 신뢰도를 최대화할 수 있는 최적설계 알고리즘을 개발하였으며, 실제 도시유역에 대한 적용을 통하여 최적 설계에 따른 신뢰도 향상 정도를 정량화하였다.

• Journal of Korea Trade
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• v.24 no.7
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• pp.73-92
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• 2020

Purpose - The letter of credit has been playing a major role to diminish overall risks which exist among concerned parties even though there are differences such as language, culture, law, and distance. This paper reviews essence of the letter of credit and its transaction principles, as well as overall practical questions based on the L/C transaction principle. It also investigates the risk of fraud occurrences in L/C transactions and the importance of fraud prevention and preventive measures in international L/C transactions, including the Fraud Rule, which is a major topic to consider in business transactions. Design/methodology - It is considered that an importing country's concerned parties and an exporting country's concerned parties face different situations. This study employs the existing framework to identify liability, responsibility, and obligation for all concerned parties across countries. Using a quite direct measurement of principles in the letter of credit, such as principle of independence, principle of abstraction, and principle of strictness and coincidence, we studied these differences. Findings - Our main findings can be summarized as follow. The paper enhances the efficiency of the L/C payment method to provide fraud generated from L/C transactions, presentation of a theoretical framework about fraud and fraud prevention, which international trading companies should acknowledge in a material way based on fraud risk resulting from taking advantage of L/C transaction principles. Originality/value - Existing studies focus on fraud accidents in L/C transactions by taking bad advantage of the characteristics of the letter of credit without suggesting risks of fraud. This paper attempts to evaluate and provide preventive measures as a solution for fraud and risky international business in a letter of credit transaction. This area of trade studies is underexplored, both empirically and theoretically, although the issue has long been important to Korean and world community foreign trade.

• Geotechnical Engineering
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• v.7 no.3
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• pp.51-64
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• 1991

The reliable estimation of pile bearing capacity is essential for the improvement of the re- liability and the cost-effectiveness of the design. There have been numerous pile bearing capacity prediction methods proposed up to now, however, execpt for the estimation made from the result of the pile loading test, not one method is appropriate for the reliable prediction. Due to the considerable time and expenses required to carry out the pile loading test, the test has seldom been utilized. The development of Simple Pile Loading Test(SPLT) which utilizes the pile skin friction as the required reaction force to cause the pile tip settlement, provides a solution to perform more pile loading tests and consequently a more economical pile design is possible. The separate measurement of skin friction and tip resistance during the course of performing SPLT provides a better understanding of the pile behavior than the result of the conventional pile loading test where only the total resistance is measured. On the other hand, there are some points to be clarified in order to apply the test results of SPLT to practical problem. They are the direction of the applied load to mobilize the skin friction and the use of reduced sized sliding core. In this research, both the SPLT and the conventional pile loading test on 406mm diameter steel pipe pile have been performed. From the result, it would be safe to use the measured SPLT skin friction value directly in the design, since the value is somewhat lower than the value measured in the conventional test. It is further assumed that the tip resistance value of the reduced sized sliding core should properly be analysed by taking the incluonce of scale effect into consideration.

• Journal of the Society of Disaster Information
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• v.17 no.3
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• pp.487-499
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• 2021

Purpose:The purpose of the paper is to review the problems of performance enhancement of safety certification standards and to suggest directions for improvement in order to rationalize safety certification standards for future industrial development and environmental changes. Method: The problems and limitations of the safety certification system are summarized through literature review and interview with manager, and the status of safety certification standards is classified into design standards, performance standards, and detailed standards, and the status analysis is performed. In addition, by synthesizing the results of the investigation and analysis, improvements are suggested to improve the performance of the safety certification standards. Result: Through the survey, the problems and limitations of safety certification could be grouped into six categories: government-led certification system operation, standardized certification standards, long time required to improve certification, poor certification standards preparation system, and lack of reflection of industry opinions. And, as a result of analyzing the certification standards by dividing them into performance and design standards, in the case of machinery, equipment, and protection devices, the design standards were high at 69.7% and 64.9%, whereas in the case of protective equipment, the performance standards were high at 61.1%. In order to improve the performance of safety certification standards centered on design standards, it is necessary to determine the possibility of performance enhancement of the certification standards and determine the feasibility of the inspection test method. In order to improve performance, it was reviewed that it was necessary to establish a systemic foundation and infrastructure, such as strengthening the Product Liability Act, systematizing market monitoring, etc., distributing certification test tasks, and participating in the preparation of certification standards by the private sector. Conclusion: Through this study, the problems and limitations of Korea's safety certification system were summarized and the necessity for performance improvement was reviewed. Performance improvement of safety certification standards is a matter that requires preparatory work, such as legislative revision and infrastructure construction, and requires mid-to-long-term promotion. In addition, rather than improving the overall safety certification standards, the performance requirements for each item subject to certification should be reviewed and promoted, and details should be specified through additional research.

• Journal of Korean Academy of Nursing
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• v.25 no.1
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• pp.30-44
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• 1995

This study aimed at analyzing the trend of re-search on pain in Korea, suggesting direction future pain research, and contributing to the use of pain interventions in nursing practice. Research studies on pain were selected from journals of medical and nursing schools, the Korean Nurse, the Korean Nurses' Academic Society Journal, the Central Journal of Medicine, the New Medical Journal, and from theses and dissertations, which were conducted between 1970 and 1994. The total number of the studies was 93. These studies were analyzed for 1) time of publication or presentation, 2) thesis for a degree or nondegree, 3) research design, 4) characteristics of subjects used in each study, 5) measurement tool, 6) types of correlated variables, 7) Korean terms for pain 8) types of nursing interventions, and 9) results of studies. The findings of the analysis can be summerized as follows : 1) The number of studies related to pain has increased rapidly since the early 1980's. The number of experimental research studies related to pain has increased chronologically, but the number of survey research studies related to pain was highest from 1981 to 1985, after that it decreased slowly. 2) The subjects in 19 studies were healthy people and, in 73 studies, patients with various illnesses. Thirty two studies were conducted with surgical patients. 3) Sixty one pain research studies were done for a thesis for a degree and 32 were nondegree research studies. 4) As measurement tools for pain, self- report pain scales were used in 54 studies and more than two tools were used in 28 studies. In the experimental studies, the trend was to use more than two tools. And in the nonexperirnental studies, the trend was to use self-report pain scales only. 5) There were 11 correlational studies. In these studies, the trend was to study anxiety, depression and variables such as intravenous infusion as related to pain.6) In the thirty six experimental studies, the effects of 16 types of nursing interventions weretested. Teaching and information, and relaxation technique were the most popular interventions for pain. 7) In eighteen methodological studies, the majority were studies testing the validity and re-liability of Dr. Lee's Korean Pain Rating Questionnaire. The following suggestions are made based on the above findings : 1) The patterns of these studies related to pain in Korea need to be compared with trends in other countries. 2) Meta - analysis should be done to analyze and integrate the results of various studies. 3) This analysis of pain research is needed to identify the present trend of pain research and to suggest the direction of future pain research, so these patterns of studies should be done in 5 to 10 year intervals. 4) More replicated pain research is needed to prove the effect of nursing interventions and more qualitative research on pain is needed to identify indepth the meaning of pain. 5) Pain researchers should make an effort to apply research result in various clinical settings and try to carry out team research with clinical nurses or with other multidiscipinary researchers.

• International Commerce and Information Review
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• v.16 no.3
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• pp.357-380
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• 2014

Buyers' Trust in suppliers is critical in all commerce, but particularly in the relationship between foreign provider and local consumer due to the liability of foreignness. This study examines (1)how local consumers trust in the product of MNCs is affected by their perceptions of the product attributes, (2)does the product trust affects customers loyalty, and (3)whether Global Corporate Citizenship moderates the relationship between the product attributes and trust. Based on previous researches, hypotheses are formulated and the statistical method used to test them was a moderated regression analysis using SPSS 20. 330 respondents from the university student group in Korea were used for this analysis. The results of this study are follows: Service communication and product perceptions such as quality, technological newness, design, and brand value have a significant effect on the product trust. The Effectiveness of product-related service communication had greater than that of the physical characteristics of product. But, price fairness is not significantly. The trust then has a positive relation to customers loyalty. When global corporate citizenship as the moderating role is introduced into the model, the interaction terms with 'price fairness' are verified to be significant. Therefore, global corporate citizenship moderates the relationship between price fairness and product trust. The results of the empirical study provide important implications for Korean firms operating in foreign markets. But, the findings are limited to the University students and to manufacturing sectors. Thus, the generalization of the results of this research remains limited.