• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.45
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• pp.51-82
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• 2010

The "rules of private international law" or "conflict of law rules" work to determine the governing law, the law applicable to international contracts. These rules permit parties' autonomy to choose the law applicable to their contracts in cases of both litigations and arbitrations. In this regards, the present article examines parties' five options for the choice of the law governing their contracts, which the parties should consider when negotiating and drafting an international agreement. This means that parties in international contracting should check the contents of the law that they are to choose as the governing law before doing so. The first option is to submit the contract to its own law, which can be the safest and simplest solution generally. However this option is subject to the consent of the other party, and is not appropriate when the domestic law chosen contains mandatory rules strongly protecting the other party. Secondly, the option of choosing the other party's law is not preferable in general. Even though the other party is strong enough to succeed in insisting on applying its own law, the other party is advised to counter-offer a neutral solution by suggesting the application of a transnational set of rules and principles of international contract, such as Unidroit Principles. The third option to choose the law of a third country should be taken with the caution that it should be harmonized with either, in case of litigations, the international jurisdiction clause which makes the country chosen have the jurisdiction over the dispute arising under the contract, or, in case of arbitrations, the way of selection of the arbitrator who has good knowledge of the law chosen. The fourth option of submitting the contract to the lex mercatoria or the general principles of law including the Unidroit Principles can be a advisable solution when a dispute is designed to be submitted to experienced arbitrators. The final and fifth is to be silent on the choice of the governing law in contracting. This option can be usefully available by experienced negotiators who are well familiar with the conflict of laws rules and enables the parties to avoid the difficulties to agree on the governing law issue and leave it open until a dispute arises.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.13 no.9
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• pp.4244-4252
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• 2012

This study aims to analyze the late 18th century Hanghae-Gamsa's(黃海監司; the provincial governor of Hanghae-Do) utilization of governing institutions in Haeju-Mok(海州牧) focused on his duties and ritual ceremonies. Haeyeong-Ilgi("海營日記") which is Hangha-Gamsa's official diary written by Mae-Su Seo(1731-1818) is closely investigated for that purpose. The arrival ceremonies were held at Geumcheon and the Gyogwui(交龜; the change-over ritual ceremonies) were held at Geumcheon and Baecheon. Especially the arrival ceremony held at Haeju-Mok is very spectacular compared with other cities. Through this study it was able to confirm the place of regular and irregular ritual ceremonies held and the aspects of governing institutions' utilization in Haeju-Mok.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.57
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• pp.3-34
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• 2013

In the international sales contract, long-term contracts often face hardship in fulfilling the original contract terms by relevant parties due to rapid change and uncertainty of political and economic circumstance. In this case, party who faces hardship of fulfillment terminates contract or demands adaptation to contract condition but if opponent doesn't accept this, it proceeds to commercial dispute needing legal interpretation. Generally it is wise to set forth governing law in contract between parties in the case of international contract, for legal stability. One of universal governing law which relevant parties select by agreement to solve economical hardship of fulfillment is PICC. PICC defines the hardship in detail for renegotiation on following hardship of fulfillment unexpected. In the case of failing renegotiation, Court(arbitral tribunal) conducts termination to contract or adaptation to contract condition through arbitration or mediation. In conclusion, when signing international long-term contract, it is desirous to handle dispute effectively by inserting provisions which can deal with economical hardship in contract or defining PICC as governing law in the case of hardship incurred. It is because it is realistic to handle dispute smoothly to the extent that both parties can be satisfied in the case of hardship incurred, though international contract should be fulfilled.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.15 no.9
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• pp.5835-5843
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• 2014

This study examined the Hanghae-Gamsa's (the local governor of Hanghae-Do) utilization of the governing institutions in Hanghae-Do during the Sulryeok (an inspection tour around the Gamsa's ruling area). For this purpose, the four Hanghae-Gamsa's official diaries were closely investigated, which were written from the 18th century to the early 19th century. The main results of this study are as follows: 1) the routes of Hanghae-Gamsa's Sulryeok and some sightseeing parts; 2) the arrival route of newly appointed Hwanghae-Gamsa and the site of Gyogwui (the change-over ritual ceremonies) between old and new Hwanghae-Gamsas; and 3) utilization of governing institutions in Hanghae-Do during the Sulryeok focusing on his duties and ritual ceremonies.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.15 no.11
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• pp.6884-6889
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• 2014

To understand the governing institutions' arrangement in an old city of the late Joseon dynasty, it is necessary to compare and weigh the detailed old map with regional geographical records Eupji. In particular, the investigation of 'Closure Land Registration Map' is indispensable, which was made in the period of the Japanese occupation. This study aims to restore the urban land lots arrangement of Cheonan-Gun's old center part in the initial period of the Japanese occupation, using the oldest 'Closure Land Registration Map(1940)' of Cheonan-Gun. The results of this study will be helpful in understanding the governing institutions' arrangement of Cheonan-Gun in the late Joseon dynasty.

• Steel and Composite Structures
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• v.35 no.3
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• pp.449-462
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• 2020

This work aims to study effects of the crack and the surface energy on the free longitudinal vibration of axially functionally graded nanorods. The surface energy parameters considered are the surface stress, the surface density, and the surface Lamé constants. The cracked nanorod is modelled by dividing it into two parts connected by a linear spring in which its stiffness is related to the crack severity. The surface and bulk material properties are considered to vary in the length direction according to the power law distribution. Hamilton's principle is implemented to derive the governing equation of motion and boundary conditions. Considering the surface stress causes that the derived governing equation of motion becomes non-homogeneous while this was not the case in works that only the surface density and the surface Lamé constants were considered. To extract the frequencies of nanorod, firstly the non-homogeneous governing equation is converted to a homogeneous one using an appropriate change of variable, and then for clamped-clamped and clamped-free boundary conditions the governing equation is solved using the harmonic differential quadrature method. Since the present work considers effects of all the surface energy parameters, it can be claimed that this is a comprehensive work in this regard.

• Korean Journal of Veterinary Service
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• v.37 no.1
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• pp.67-71
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• 2014

In November 2012, a 4-month-old foal with anorexia, neurologic signs with ataxia and death was submitted for necropsy to the diagnostic laboratory of Jeju Self-Governing Provincial Veterinary Research Institute. Grossly, yellowish-white fibrinous materials were seen on the ventral cerebrum, cerebellum, medulla oblongata and cervical spinal cord of the foal. Histologically, severe fibrino-purulent meningitis characterized by the infiltration of neutrophils and fibrionous exudates with bacterial colonies were presented in cerebrum, cerebellum, brain stem and cervical spinal cord. In the bacterial isolation using meningeal exudate, the small white colonies on blood agar plate with ${\beta}$-hemolysis were observed. Isolated bacteria were Gram-positive cocci and confirmed as Streptococcus (S.) equi subsp. zooepidemicus by VITEK 2 system. Based on the histopathological features and the bacterial test, this case was diagnosed as meningitis associated with S. equi subsp. zooepidemicus infection in a foal. In our best knowledge, this is the first report for fibrino-purulent meningitis caused by S. equi subsp. zooepidemicus infection in Jeju.

• Structural Engineering and Mechanics
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• v.39 no.1
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• pp.21-46
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• 2011

The natural frequencies of continuous systems depend on the governing partial differential equation and can be numerically estimated using the finite element method. The accuracy and convergence of the finite element method depends on the choice of basis functions. A basis function will generally perform better if it is closely linked to the problem physics. The stiffness matrix is the same for either static or dynamic loading, hence the basis function can be chosen such that it satisfies the static part of the governing differential equation. However, in the case of a rotating beam, an exact closed form solution for the static part of the governing differential equation is not known. In this paper, we try to find an approximate solution for the static part of the governing differential equation for an uniform rotating beam. The error resulting from the approximation is minimized to generate relations between the constants assumed in the solution. This new function is used as a basis function which gives rise to shape functions which depend on position of the element in the beam, material, geometric properties and rotational speed of the beam. The results of finite element analysis with the new basis functions are verified with published literature for uniform and tapered rotating beams under different boundary conditions. Numerical results clearly show the advantage of the current approach at high rotation speeds with a reduction of 10 to 33% in the degrees of freedom required for convergence of the first five modes to four decimal places for an uniform rotating cantilever beam.

• Computers and Concrete
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• v.11 no.3
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• pp.201-222
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• 2013

A comprehensive simulation model for the transport process of fully coupled moisture and multi-species in non-saturated concrete structures is proposed. The governing equations of moisture and ion diffusion are formulated based on Fick's law and the Nernst-Planck equation, respectively. The governing equations are modified by explicitly including the coupling terms corresponding to the coupled mechanisms. The ionic interaction-induced electrostatic potential is described by electroneutrality condition. The model takes into account the two-way coupled effect of moisture diffusion and ion transport in concrete. The coupling parameters are evaluated based on the available experimental data and incorporated in the governing equations. Differing from previous researches, the material parameters related to moisture diffusion and ion transport in concrete are considered not to be constant numbers and characterized by the material models that account for the concrete mix design parameters and age of concrete. Then, the material models are included in the numerical analysis and the governing equations are solved by using finite element method. The numerical results obtained from the present model agree very well with available test data. Thus, the model can predict satisfactorily the ingress of deicing salts into non-saturated concrete.

• Journal of the Korean Institute of Rural Architecture
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• v.20 no.4
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• pp.9-17
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• 2018

The purpose of the study is to suggest ways to improve the Landscape Review system and Landscape Management System of Jeju Special Self-governing Province through Analysis of the Landscape Review Results and Jeju Special Self-governing Ordinance. For this purpose, the research methods were reviewed for preliminary study and reviewing the laws and ordinances related to landscape, and 318 cases of landscape review, which have been implemented since 2010, were analyzed by item by item along with the result of the review. The main results of the analysis are as follows. First, Jeju Special Self-governing Province, which currently operates an enhanced ordinance of development project review, is experiencing problems such as building the wrong construction projects due to the weak legal basis for follow-up management after landscape Review. Second, Jeju Special Self-governing Province expects efficient management of the province through expansion of the scope of the landscape review. Third, the current status of the decisions by the Landscape review showed that 57.7% of the bills passed, the lowest at 41.9% for the development projects. Fourth, analysis of the landscape review contents by categorization by item showed that ' Landscape Control Guideline' and 'Document not completed' are relatively high. Thus, eight years have passed since the start of the Landscape Management System and the Landscape Review, but systematic institutional stability is not sufficient, so it is necessary to make the Landscape Control Guideline easier to understand.