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Comparative Study of the Requirements for the Buyer's Right to Require Delivery of Substitute Goods under the CISG and the Korean Civil Act

  • Lee, Yoon
    • Journal of Korea Trade
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    • v.26 no.1
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    • pp.81-98
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    • 2022
  • Purpose - This study aims to compare the requirements under the United Nations Convention on Contract for the International Sales of Goods (CISG) and the Korean Civil Act (KCA) regarding the buyer's right to require the delivery of substitute goods. The buyer's right to demand substitute delivery not only protect them from the seller's breach of contract but also preserves the contractual bond between the parties by providing an opportunity for sellers to protect their goodwill and circumvent the extreme remedy of avoidance. However, as substitute delivery entails additional efforts and costs for return and re-shipment, this right should not be allowed in every case of defect. Additionally, unlike the CISG, the KCA contains no specific provision related to the requirements for claiming substitute delivery. Therefore, it would be meaningful to examine and compare what requirements should be fulfilled before the buyer exercises the right in relation to non-conforming goods under the CISG and the KCA. Design/methodology - We conducted a comparative study of the requirements under the CISG and the KCA regarding the buyer's right to require delivery of substitute goods given a seller's delivery of non-conforming goods. Additionally, we referred to the opinions from the CISG Advisory Council, the draft of the KCA amendment, and related precedents, mainly focusing on the existence and severity of defects, reasonableness, and timely notice and requests as the major requirements for substitute delivery. Findings - The results of this study can be summarized as follows: First, the CISG provides more detailed requirements about the right to require delivery of substitute goods; by contrast, the KCA does not stipulate any such requirement. Thus, specific requirements for substitute delivery should be included when amending the KCA. Second, the CISG attempts to minimize overlapping and conflict with other remedies by specifying detailed requirements for the delivery of substitutes. Third, both the CISG and KCA require reasonableness for substitute delivery. Originality/value - Although there are no explicit legal requirements for substitute delivery under the KCA, there has been relatively little discussion of this issue to date. Therefore, the findings of our study can guide future revisions of the KCA to fill this loophole. Moreover, the recently released CISG Advisory Council opinion that clarifies the continuing confusion and debate, can help distinguish which remedy is suitable for a particular case. It may provide practical advice for businesspeople in international trade as well as legal implications for the future development of the KCA.

Environmental Evaluation through Low-carbon Ecotourism Index -Focusing on 6 Ecotourism Areas in Changwon City- (저탄소 생태관광지표를 통한 환경 평가 -창원시 생태관광지역 6곳을 중심으로-)

  • Jang, Yu Mi;Lee, Sung Jun
    • The Journal of the Convergence on Culture Technology
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    • v.8 no.5
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    • pp.677-684
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    • 2022
  • This study is a basic study to evaluate the ecological environment of Changwon City. The study site was 6 ecotourism districts in Changwon-si, and the ecotourism index was evaluated through direct visits and interviews with the person in charge through preliminary research and various literature data from June to July 2021. There are six ecotourism indicators: climate crisis, air quality improvement, water conservation, natural coexistence, citizen participation, and tourism resource management. When looking at the scores for the six ecotourism areas in Changwon, it received the highest score in the areas of natural coexistence and air quality improvement. However, the ecoregion received the lowest score in the water resource conservation category, indicating that the water resource conservation as a whole was weak. Next, tourism resource management, climate crisis, and citizen participation are at the same level in all regions. As a result of the evaluation through the low-carbon ecotourism index, the Changwon City low-carbon ecotourism certification system should first be operated as a measure to revitalize the ecotourism region. It is necessary to prepare a low-carbon ecotourism level for Changwon City. Second, it is very important to guide and promote ecotourism areas to revitalize ecotourism areas. Lastly, to operate a sustainable eco-environment area, it is necessary to operate using local governance above all else.

Design and Implementation of Sandcastle Play Guide Application using Artificial Intelligence and Augmented Reality (인공지능과 증강현실 기술을 이용한 모래성 놀이 가이드 애플리케이션 설계 및 구현)

  • Ryu, Jeeseung;Jang, Seungwoo;Mun, Yujeong;Lee, Jungjin
    • Journal of the Korea Computer Graphics Society
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    • v.28 no.3
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    • pp.79-89
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    • 2022
  • With the popularity and the advanced graphics hardware technology of mobile devices, various mobile applications that help children with physical activities have been studied. This paper presents SandUp, a mobile application that guides the play of building sand castles using artificial intelligence and augmented reality(AR) technology. In the process of building the sandcastle, children can interactively explore the target virtual sandcastle through the smartphone display using AR technology. In addition, to help children complete the sandcastle, SandUp informs the sand shape and task required step by step and provides visual and auditory feedback while recognizing progress in real-time using the phone's camera and deep learning classification. We prototyped our SandUp app using Flutter and TensorFlow Lite. To evaluate the usability and effectiveness of the proposed SandUp, we conducted a questionnaire survey on 50 adults and a user study on 20 children aged 4~7 years. The survey results showed that SandUp effectively helps build the sandcastle with proper interactive guidance. Based on the results from the user study on children and feedback from their parents, we also derived usability issues that can be further improved and suggested future research directions.

A Study on the Numerical Analysis Methods for Predicting Strength Test Result of Box Girder under Bending Moment (휨 모멘트를 받는 박스거더 구조 강도 실험에 대한 수치해석 방법에 관한 연구)

  • Myung-Su Yi;Joo-Shin Park
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.29 no.5
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    • pp.488-496
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    • 2023
  • Ship and bridge structures are a type of long box-shaped structure, and resistance to vertical bending moment is a key factor in their structural design. In particular, because box girders are repeatedly exposed to irregular wave loads for a long time, the continuous collapse behavior of structural members must be accurately predicted. In this study, plastic collapse behavior, including buckling according to load changes of the box girder receiving pure bending moments, was analyzed using a numerical analysis method. The analysis targets were selected as three box girders used in the Gordo experiment. The cause of the difference was considered by comparing the results of the structural strength experiment with those of non-linear finite element analysis. This study proposed a combination of the entire and local sagging shape to reflect the effect of the initial sagging caused by welding heat that is inevitably used to manufacture carbon steel materials. The procedures reviewed in the study and the contents of the initial sagging configuration can be used as a good guide for analyzing the final strength of similar structures in the future.

A Study on Personalized Emotion Recognition in Forest Healing Space - Focus on Subjective Qualitative Analysis and Bio-signal Measurement - (산림 치유 공간에서의 개인 감정 인지 효과에 관한 연구)

  • Lee, Yang-Woo;Seo, Yong-Mo;Lee, Jung-Nyun;Whang, Min-Cheol
    • Journal of Korea Entertainment Industry Association
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    • v.13 no.2
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    • pp.57-65
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    • 2019
  • This study is a scientific approach to psychological factors such as emotional stability among various effects of forest resources. In order to carry out this study, the experiment was conducted on the subjects by setting the forest healing space as various spaces. The subjects who participated in this experiment were the students in their twenties and the average age was 22±1.25 years. The subjects were assessed for emotional words through subjective sequence evaluation in different designated forest healing spot. In addition, the emotional states that they actually perceived were measured by measuring the bio-signals to their perceived emotions. BMP, SDNN, VLF, LF, HF, Amplitude, and PPI were used for the bio-signal reaction experiment applied to this study. The results of this experiment were measured by Friedman test and Wilcoxon test for statistical analysis. n this study, 'good', 'clear', and 'uncomfortable' words were found statistically significant at the spot of forest healing space for subjective emotional vocabulary. In addition, SDNN, HF and Amplitude were statistically significant in the results of quantitative bio-signal measurement at each spot in the forest healing space. Based on the results of this study, we can suggest the application direction and strategic utilization plan of forest healing spot and forest resource utilization field. This is not only a guide for the users who use the facility through the spatial facilities and physical requirements for the emotion based forest-healing, but also can be used as a personalized emotional space design aspect.

A Case Study on the Establishment of a Strategy System through the BSC of SMEs (중소기업의 BSC를 통한 전략체계 구축 사례연구)

  • Lim HeonWook;Kim WooSu
    • The Journal of the Convergence on Culture Technology
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    • v.9 no.4
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    • pp.303-308
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    • 2023
  • The purpose of this study is to provide a practical guide for establishing BSC that can be practically applied by SMEs. To this end, a case study was conducted to establish a performance evaluation system through a field-required Balanced Scorecard (BSC) for company J, a tent pole manufacturer, and to provide a management strategy system map. As a survey method, the requirements of the ordering organization were organized through a comparison of the BSC-related proposal requests in the first stage. The BSC establishment method was organized through the arrangement of the second stage result report. The 3rd stage BSC derived KPI indicators for SMEs for each of the 4 perspectives. A corporate vision was derived through a 4-step SWOT analysis. A strategy map was developed through 5-step field-required KPI, weight setting, and BSC. The 6-step final strategy system was also drawn up. As a result of the study, the four perspectives of the BSC were reconstructed by department. That is, the financial (financial) perspective is from the executives' perspective, the customer's perspective is from the sales department's perspective, the internal process perspective is from the design department/production quality department's perspective, and the learning/innovation perspective is from the management department's perspective. In addition, a total of 11 CSFs and a total of 49 KPIs of J company were derived. The limitation of the study is that the final strategy system through the company's BSC has only been carried out, and it needs to be linked with the company's compensation system in the future.

Quality Visualization of Quality Metric Indicators based on Table Normalization of Static Code Building Information (정적 코드 내부 정보의 테이블 정규화를 통한 품질 메트릭 지표들의 가시화를 위한 추출 메커니즘)

  • Chansol Park;So Young Moon;R. Young Chul Kim
    • KIPS Transactions on Software and Data Engineering
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    • v.12 no.5
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    • pp.199-206
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    • 2023
  • The current software becomes the huge size of source codes. Therefore it is increasing the importance and necessity of static analysis for high-quality product. With static analysis of the code, it needs to identify the defect and complexity of the code. Through visualizing these problems, we make it guild for developers and stakeholders to understand these problems in the source codes. Our previous visualization research focused only on the process of storing information of the results of static analysis into the Database tables, querying the calculations for quality indicators (CK Metrics, Coupling, Number of function calls, Bad-smell), and then finally visualizing the extracted information. This approach has some limitations in that it takes a lot of time and space to analyze a code using information extracted from it through static analysis. That is since the tables are not normalized, it may occur to spend space and time when the tables(classes, functions, attributes, Etc.) are joined to extract information inside the code. To solve these problems, we propose a regularized design of the database tables, an extraction mechanism for quality metric indicators inside the code, and then a visualization with the extracted quality indicators on the code. Through this mechanism, we expect that the code visualization process will be optimized and that developers will be able to guide the modules that need refactoring. In the future, we will conduct learning of some parts of this process.

Mixed Products: How Adding Different Attributes Influences Consumer Perceptions and Product Evaluation

  • Yi, Youjae;Muhn, Sunhee
    • Asia Marketing Journal
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    • v.15 no.1
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    • pp.83-105
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    • 2013
  • During recent decades, the number of mixed attribute products (henceforth mixed products), which have both utilitarian and hedonic benefits, has increased dramatically. Despite these products' growing popularity, academic research has paid little attention to them, and there remains a gap between theory and the real world. Hence, our study was undertaken to understand consumers' perceptions about and behaviors toward mixed products, as well as factors affecting the evaluation and choice of these products. We divided mixed attribute products into two categories: mixed utilitarian products (utilitarian products adding hedonic attributes) and mixed hedonic products (hedonic products adding utilitarian attributes). We then showed how adding different attributes affects consumers' perception, willingness to pay (WTP), and the choice of mixed attribute products compared to pure utilitarian or pure hedonic products. We conducted an experiment using a within-subject design. A total of 160 office workers and college students participated in the study. The pure utilitarian product used in the study was orange juice, and the mixed utilitarian product was carbonated orange juice. The pure hedonic product was chocolate, and the mixed hedonic product was polyphenol enriched chocolate. Results showed that consumers perceived a mixed utilitarian product to be less utilitarian, less pleasurable and more guilty than a pure utilitarian product. On the other hand, a mixed hedonic product was perceived to be more utilitarian, less pleasurable and less guilty than a pure hedonic product. Also, WTP for a mixed hedonic product was higher than WTP for a pure hedonic product, but WTP was lower for a mixed utilitarian product than for a pure utilitarian product. Furthermore, mixed hedonic products were likely to be evaluated more favorably when they were presented together with pure hedonic products, more so than when they were presented alone. Finally, when compared to low self-control participants, high self-control participants chose mixed hedonic products more frequently. The present study contributes to the existing literature on utilitarian and hedonic consumption by adding to the sparse literature on the consumption of products that have both utilitarian and hedonic purposes. Also, our research findings provide several useful implications for practitioners in related fields. First, the current study provides marketers with a useful guide for understanding consumers' perceptions of these types of products, and helps to predict how adding different attributes influences these products. Second, this study has examined the conditions that may moderate the evaluation and choice of hedonic base products and this finding will serve as a good reference for marketers of mixed hedonic products in marketing communication strategy, in-store marketing and targeting. Specifically, comparative advertising with a pure hedonic product will be beneficial for a mixed hedonic product. Also, displaying mixed hedonic products near pure hedonic products may enhance the effectiveness of in-store marketing of mixed hedonic products.

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Clarifying the Meaning of 'Scientific Explanation' for Science Teaching and Learning (과학 학습지도를 위한 '과학적 설명'의 의미 명료화)

  • Jongwon Park;Hye-Gyoung Yoon;Insun Lee
    • Journal of The Korean Association For Science Education
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    • v.43 no.6
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    • pp.509-520
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    • 2023
  • Scientific explanation is the main goal of scientists' scientific practice, and the science curriculum also includes developing students' abilities to construct scientific explanations as a major goal. Thus, clarifying its meaning is an important issue in the science education community. In this paper, the researchers identified three perspectives on 'scientific explanation' based on the scoping review method (Deductive-Nomological, Probabilistic, and Pragmatic explanation models). We argued that it is important to clarify and distinguish the meanings of 'scientific explanation' from other concepts used in science education, such as 'description', 'prediction', 'hypothesis', and 'argument' based on a review of the literature. It is also pointed out that there is a difference between 'scientific explanation' as a product and 'explaining scientifically' as communication, and several ways to revise achievement standard statements in the science curriculum are suggested, to guide students to construct scientific explanations and to help students to explain scientifically. By adopting the three scientific explanation models, the important factors to be considered were classified and organized, and examples of science learning activities for scientific explanation considering such factors were suggested. It is hoped that the discussion in this study will help establish clearer learning goals in science learning related to scientific explanation and aid the design of more appropriate learning activities accordingly.

Study on the Aging Transformation Scheme of Baima Tibetan Community Environment Based on ERG theory (ERG 이론을 바탕으로 한 바이마장족(白馬藏族)지역사회 환경의 고령친화적 개선 방안 연구)

  • Liu Jing Yun;Wang Lu Ming
    • Smart Media Journal
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    • v.12 no.11
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    • pp.175-184
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    • 2023
  • The elderly in rural areas are faced with the dilemma of poor community environment, weak social communication ability and insufficient pension knowledge reserve. In addition, due to the serious shortage of social security facilities in rural areas and medical resources, the elderly are struggling, and the suicide rate is far higher than that in urban areas. In order to make the elderly have a comfortable pension environment and face the increasingly serious aging problem with a positive attitude, this paper takes the community environment of the Baima Tibetan elderly in Tielou Township, Gansu Province as the research object of aging transformation. First of all, literature data were used to carry out research on the aging transformation in rural areas. On the basis of sorting out previous research topics, ERG theory was determined as the guide. Secondly, the research methods of on-site investigation, interview and other research methods are adopted to investigate the number of left-behind elderly people in this area, and classify them according to the national standards. At the same time, the image of the current situation of the community environment of the elderly. Finally, combined with the ERG theory, the transformation design of the elderly living environment is implemented, mainly from the three aspects of survival, mutual relationship and growth.