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A Study on the Legal Explanation and Cases of the Buyer's Obligation to Pay the Price for the Goods under CISG (CISG하에서 매수인의 물품대금지급 의무에 관한 법적 기준과 판결례에 관한 고찰)

  • Shim, Chong-Seok
    • International Commerce and Information Review
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    • v.15 no.3
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    • pp.199-224
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    • 2013
  • Section I of Chapter III ('Obligations of the Buyer') in Part III ('Sale of Goods') of the CISG consists of six articles addressing one of the fundamental buyer obligations described in article 53 of the CISG: the obligation to pay the price. Although the amount of the price that the buyer must pay is usually specified in the contract, two articles in Section I contain rules governing the amount of the price in particular special circumstances: article 55 specifies a price when one is not fixed or provided for in the contract, and article 56 specifies the way to determine the price when it is 'fixed according to the weight of the goods'. The remaining four provisions in Section I relate to the manner of paying the price: they include rules on the buyer's obligation to take steps preparatory to and to comply with formalities required for paying the price (article 54); provisions on the place of payment (article 57) and the time for payment (article 58); and an article dispensing with the need for a formal demand for payment by the seller (article 59). Especially article 53 states the principal obligations of the buyer, and serves as an introduction to the provisions of Chapter III. As the CISG does not define what constitutes a 'sale of goods', article 53, in combination with article 30, also sheds light on this matter. The principal obligations of the buyer are to pay the price for and take delivery of the goods 'as required by the contract and this CISG'. From this phrase, as well as from article six of the CISG, it follows that, where the contract provides for the performance to take place in a manner that differs from that set forth in the CISG, the parties' agreement prevails.

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Comparison of AndroMed and Triladyl Extender for Freezing of Jeju Native Black Bull Semen (제주흑우 정액 동결을 위한 AndreoMed와 Triladyl 희석제의 동결성 비교)

  • Cho, Sang-Rae;Cho, In-Chel;Han, Sang-Hyun;Kang, Tae-Young;Cho, Won-Mo;Chae, Hyun-Seok;Kim, Nam-Young;Park, Yong-Sang;Kang, Yong-Jun;Kim, Young-Hoon;Ko, Yeoung-Gyu;Kim, Hyun-Jong;Ko, Moon-Suck
    • Reproductive and Developmental Biology
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    • v.37 no.3
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    • pp.155-159
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    • 2013
  • This study was carried out to investigate synthetic extender for semen cryopreservation of Jeju Native Black Bull. The semen was collected using an artificial vagina and transported to the laboratory. The semen was diluted 1:1 by Tris-Egg yolk extender and contrifuged in 1,500 rpm for 15 minutes. The supernatant was removed. The pellect was diluted to final sperm concentration of $2{\times}10^8/ml$ by doubling in every 30 minutes at $4^{\circ}C$ cold chamber. The semen was equilibrated for 4 hours at cold chamber and packed to 0.5 ml straw. The semen straws were located above 5 cm for 10 minutes. The height and duration affect the freezing speed by temperature. The frozen straw was plunged to $LN_2$. The presented straws were examined the viability and motility after thawed at $37^{\circ}C$ water bath. Frozen-thawed sperm were evaluated sperm viability, membrane integrity and acrosome integrity. Post-thawed sperm viability has been significantly higher (p<0.05) in fresh sperm ($93.27{\pm}1.62%$) than frozen-thawed sperm ($73.34{\pm}3.27%$). However, there were no significant differences between fresh and frozen-thawed dead cell rate ($7.35{\pm}2.63$ vs, $13.71{\pm}2.85$). In sperm motility, between Triladyl and AndroMed Extender, there was no significant different ($72.86{\pm}2.83$ vs, $81.47{\pm}2.48$), similarly, the dead cell rates was similar ($18.41{\pm}3.42%$ and $17.26{\pm}4.25$). The results of our study suggest that AndroMed to the freezing extender showed more positive effect on the frozen-thawed spermatozoa in Jeju Native Black bull semen.

Distribution and Population Dynamics of Korean Endangered Species; Hipparchia autonoe (Lepidoptera: Nymphalidae) on Mt. Hallasan, Jeju Island, Korea (한국산 멸종위기종 산굴뚝나비(나비목, 네발나비과)의 분포와 개체군 동태)

  • Kim, Do-Sung;Cho, Young-Bok;Kim, Dong-Soon;Lee, Yeong-Don;Park, Seong-Joon;Ahn, Nung-Ho
    • Korean Journal of Environment and Ecology
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    • v.28 no.5
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    • pp.550-558
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    • 2014
  • This study was conducted to investigate the distribution and the population dynamics of Hipparchia autonoe by using a line transect and Mark-Release-Recapture (MRR) at the Mt. Halla in Jeju Island. The results showed that H. autonoe was found from 1,500 m above the sea level. Total 1,493 H. autonoe with 978 males and 515 females were captured and released in the MRR study site. Among them, 518 individuals including 284 males and 234 females were recaptured. The average survival time was 2.31 days with 2.14 days for males and 3.47 days for females, indicating longer survival time in case of females than males. The daily population size of males estimated in the MRR study site was maintained about 1,000 individuals in July and gradually decreased less than 200 in August. The number of females showed peak at 335 individuals on July 24, and gradually decreased less than 120 in August. Thus, female population was 1/3 of males. The average travel distance of male and female H. autonoe were $116.8{\pm}191.9m$ and $118.4{\pm}161.5m$, respectively, indicating almost same between sexes. H. autonoe in the Mt. Halla formed single population group in the wide meadow around the Baekrokdam Lake. The highest population density of H. autonoe was occurred in the restored area from damages, where host plants such as the sheep's fescue or the food plant are abundant by artificial restoration efforts.

A study on the exemption of liability of air carriers (항공운송인의 손해배상책임 면제에 관한 법적 고찰)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.95-116
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    • 2015
  • Air transport agreement can be divided into air passenger contract of carriage and aviation also of the contract of carriage. And air carriers for damages greater (1) cause reason, of (2) limit reason, (3) exemption reason. Exemption reason for the extinction of the liability for damages in our Commercial Code, the Convention and domestic law are mixed. Convention on the Commercial Code and air transport, air transport people, if it is proved and that it has taken all the measures that are needed for the prevention of damage to overdue damage of passengers, liability is waived. So what was to achieve the requirements of all the actions that are reasonably necessary in any case is a problem. Amendment has the feature that the treaty for the International Air Transport reflect in accordance with the domestic situation, while being struck by international standards encompassing land, sea and air transport, even on the system. However, Commercial Code while mainly reflect the Montreal Convention governing air carrier's liability issues on the contract of carriage, a problem which the Convention had also began to occur together. So the problem due to accept the treaty to fit the domestic situation occurs. There is a need for analysis of all of the actions that are "reasonably necessary, which is defined in the Commercial Code. If there is no claim within Value Date rotor two years to air carriers on the court for the damage caused by air transport, the responsibility of air carriers disappear, sued the period of such two years, what kind of meaning on domestic law extension and stop to be whether it is interpreted, it should be determined to do their aggressive measures for the reasonable care and accident prevention.

Association of SNP Markers on Chromosomes 3 and 9 with Body Weight in Jeju Horses (제주마에서 3번 및 9번 염색체상의 단일염기변이와 생체중과의 관련성 연구)

  • Kim, Nam Young;Yang, Young Hoon;Park, Nam Geon;Yang, Byoung Chul;Son, Jun Kyu;Shin, Sang Min;Woo, Jae Hoon;Shin, Moon Cheol;Yoo, Ji Hyun;Hong, Hyun Ju;Park, Hee Bok
    • Journal of Life Science
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    • v.28 no.7
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    • pp.795-801
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    • 2018
  • This study was conducted to investigate the association of single nucleotide polymorphism (SNP) markers on equine chromosomes (ECA) 3 and 9 with body weight in Jeju horses. We used DNA samples and body weight data of 320 horses provided by the Livestock Promotion Agency, Jeju Special Self-Governing Province, and the Korean Racing Association, respectively. We genotyped all the experimental animals using nine SNP markers located on ECA 3 (BIEC2-808466, BIEC2-808543, BIEC2-808967, and BIEC2-809370) and ECA 9 (BIEC2-1105370, BIEC2-1105372, BIEC2-1105377, BIEC21105505, and BIEC2-1105840). These markers were selected due to their effects on body conformation traits in horses. The joint effect of the genotypes of the two SNP markers (BIEC2-808467 and BIEC2-1105377) regarding body weight were also evaluated. The estimated breeding value (EBV) of body weight was obtained as the dependent variable for association analyses using a linear mixed model. Significant associations were detected between SNP markers (BIEC2-808543, BIEC2-808967, BIEC2-809370, BIEC2-1105370, BIEC2-1105372, and BIEC2-1105377) and the body weight EBV. In addition, the joint genotype effect of the BIEC2-808467 and BIEC2-1105377 on the body weight EBV was significant. These results indicate that the SNP markers, which showed their significant effects on body conformation, can be used as genetic markers to improve the efficiency of the selective breeding program for the body weight traits in Jeju horses.

The Activation Plan of an Agricultural Region through Resident Participation - Focusing on Jeongeupsi Naejangsangdong - (주민참여를 통한 농촌중심지 활성화 방안 연구 - 정읍시 내장상동을 중심으로 -)

  • Oh, Hyung-Eun;Kim, Young-Geun
    • Journal of the Korean Institute of Landscape Architecture
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    • v.43 no.5
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    • pp.121-131
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    • 2015
  • Village-concentrated agricultural regional development projects that aim for increased profits are now being aimed at core agricultural and fishing areas. These agricultural and fishing stimulus projects aim to not only increase the net profit of local citizens but also improve their living conditions. As the industry itself has changed, local rural areas have also changed in various ways. One such aspect is the emergence of rural-urban complexes known as "rurban" areas. These naturally occurring rurban regions are created by a combination of complex urban infrastructure while maintaining the insulated rural communities that agricultural areas are usually so readily identified by. "Jeongeupsi Naejangsnagdong", the target of this research, also specifies the unaltered surrounding natural environment of rural areas while at the same time containing complex central living areas typically found in urban areas. This research suggests that the direction of residents' participation in community-level rurban projects could solve the problems found in existing top-down government development projects. This research also suggests rurban area activation plans to improve living conditions through analysis of both local rurban agricultural characteristics and citizen demands. In order to encourage citizen autonomy and self-governing attitudes, citizen-strengthening workshop programs are proposed, such as citizen workshops or pilot activities. This research was carried out by target area analysis, rudimentary planning, development direction setting, detailed project planning, and finally project processing. This procedure established three goals, which are walking environment improvement, community infrastructure establishment, and good living environment establishments, based on actual site research and citizen demands. This research suggests plans to activate community groups that were already established and reflect citizen needs as the main avenues for local businesses. This research is predicted to promote more active and successful growth through autonomy in stimulating these increasingly emerging rurban agricultural regions.

Population Size and Home Range Estimates of Domestic Cats (Felis catus) on Mara Islet, Jeju, in the Republic of Korea (제주 마라도에 서식하는 고양이(Felis catus)의 개체군 크기 및 행동권 추정)

  • Kim, Yujin;Lee, Woo-Shin;Choi, Chang-Yong
    • Korean Journal of Environment and Ecology
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    • v.34 no.1
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    • pp.9-17
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    • 2020
  • Domestic cats (Felis catus) introduced to insular environments can be invasive predators that often threaten endemic species and cause biodiversity loss or local extinction on the island. This study was conducted from March to July 2018 to understand the population size, home range, and spatial use of cats introduced to Mara Islet (N 33° 07', E 126° 16') in Jeju Special Governing Province, the Republic of Korea. Observation records based on their natural marks revealed that there were 20 adult cats on Mara Islet. A capture-recapture method also estimated 20 adult individuals (95% confidence interval: 20-24 individuals). According to our telemetry study on ten adults deployed with GPS-based telemetry units, the home range size was 12.05±6.99 ha (95% KDE: kernel density estimation), and the core habitat size was 1.60±0.77 ha (50% KDE). There were no significant differences in the home range and core habitat sizes by sex. The home range of domestic cats overlapped with the human residential area, where they might secure easy foods. Five of ten tracked cats were active at potential breeding colonies for the Crested Murrlet (Synthliboramphus wumizusume), and six approached potential breeding areas of the Styan's Grasshopper Warbler (Locustella pleskei), suggesting the predation risk of the two endangered species by cats. This study provides novel information on the population size and home range of introduced cats on Mara Islet which is an important stopover site of migratory birds as well as a breeding habitat of the two endangered avian species. Reducing the potential negative impacts of the introduced cats on migratory birds and the endangered species on Mara Islet requires monitoring of the predation rate of birds by cats, the population trends of cats and endangered breeding birds as well as the effective cat population control and management.

Mechanical Anisotropy of Pocheon Granite under Uniaxial Compression (일축압축하에서 포천화강암의 역학적 이방성)

  • Park Deok-Won
    • The Journal of Engineering Geology
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    • v.15 no.3
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    • pp.337-348
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    • 2005
  • Jurassic granite from Pocheon area were tested to investigate the effect of microcracks on mechanical properties of the granite. Three oriented core specimens were used for uniaxial compressive tests and each core specimen are perpendicular to the axes'R'(rift plane),'c'(grain plane) and'H'(hardway plane), respectively Among vacious elastic constants, the variation of Poisson's ratio as function of the directions was examined. From the related chart between ratio of failure strength and Poisson's ratio, H-specimen shows the highest range in Poisson's ratio and Poisson's ratio decreases in the order of C-specimen and R-specimen. The curve pattern is nearly linear in stage $I\simIII$ but the slope increases abruptly in stage H-3. As shown in the related chart, diverging point of a curve is formed when ratio of failure strength is $0.92\sim0.96$ Stage IV -3 is out of elastic region. The behaviour of rock in the four fracturing stages was analyzed in term of the stress-volumetric strain me. From the stress increment-volumetric strain equations governing the behaviour of rock, characteristic material constants, a, n, Q, m and $\varepsilon_v^{mcf}$, were determined. Among these, inherent microcrack porosity$(a, 10^{-3})$ and compaction exponent(n) in the microcrack closure region(stage I ) show an order of $a^R(3.82)>a^G(3.38)>a^H(2.32)\;and\;n^R(3.69)>n^G(2.79)>n^H(1.99)4, respectively. Especially, critical volumetric microcrack strain($\varepsilon_v^{mcf}$) in the stage W is highest in the H-specimen, normal to the hardway plane. These results indicate a strong correlation between two major sets of microcracks and mechanical properties such as Poisson's ratio and material constants. Correlation of strength anisotropy with microcrack orientation can have important application in rock fracture studies.

Effects of Dry Matter Content of Liquid Swine Manure on Dry Matter Yield and Nutritive Value of Italian Ryegrass, Rye and Oat, and the Chemical Characteristics of Soil in Jeju (제주지역에서 건물 함량이 다른 돈분 액비 시용이 이탈리안 라이그라스, 호밀 및 귀리의 수량, 사료가치 및 토양 특성에 미치는 영향)

  • Song, Sang-Taek;Kim, Moon-Chul;Hwang, Kyoung-Jun
    • Journal of The Korean Society of Grassland and Forage Science
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    • v.26 no.3
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    • pp.159-170
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    • 2006
  • This study was conducted to investigate the effects of two dry matter levels of liquid swine manure on dry matter yield and nutritive value of Italian ryegrass, rye and oats, and the chemical characteristics of soil in Jeju. This experiment tested in split plot design. Three forage crops (Italian ryegrass, rye and oats) were the main plot and four fertilizers (no fertilizer=T0, chemical fertilizer=T1, liquid swine manure with DM 2.7%=T2 and liquid swine manure with DM 5.9 %=T3) were the sub plots. Yield and nutrient contents of forage crops and soil properties were determined. Application of liquid swine manure containing 5.9% dry matter resulted in highest DM yield in all three forage crops species compared with the other treatments (p<0.01). Crude protein content(%) and crude protein yield(kg/ha) of forage crops were highest in rye compared with the other forage crops species(p<0.01). K and Mg contents of soil were higher(p<0.01) in rye than in the other species while Na contents was higher(p<0.01) in Italian ryegrass than others. Mg content of soil appeared higher in rye than in the others and higher(p<0.05) in forage crops applied with liquid manure containing 2.7% DM compared with the other species. $NO_3-N$ contents in soil was lower in rye than the other species and higher in species with chemical fertilizer. These findings indicate that most of liquid swine manure produced on local pig farms containing low levels of dry matter and other nutrients suggest a low efficiency of its use as a fertilizer. The liquid swine manure is recommended as a fertilizer for rye production in winter, compared with Italian ryegrass or oat.

The Effects of Liquid Pig Manure Application on the Production of Japanese Millet (Echinochloa crusgalli) Soil Properties, and the Chemical Characteristics of Leaching Water (돈분 액비 시용이 피의 생산성, 토양 특성 및 용탈수의 화학적 조성에 미치는 영향)

  • Kim, Moon-Chul;Song, Sang-Taek;Hwang, Kyung-Jun;Lim, Han-Cheol
    • Journal of The Korean Society of Grassland and Forage Science
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    • v.26 no.4
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    • pp.257-266
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    • 2006
  • Studies were carried out to evaluate the effect of liquid pig manure on the production of Japanese millet, the chemical characteristics of pasture soil and leaching water. The study was undertaken from June to September 2005. Randomized complete block design was used to allot four treatments: T1 (no fertilizer), T2 (N : 200 kg/ha, p : 150 kg/ha, K : 150 kg/ha), T3 (liquid pig manure containing 1.7% DM 200 kg N/ha) and T4 (liquid pig manure containing 7.0% DM 200 kg N/ha). Leaching water was sampled at 21 August (1st time), 9 September (2nd time) and 26 September (3rd time), 2005, respectively. No significant differences in the dry matter yield of Japanese millet was found among the four treatments, whereas the plant lengths of Japanese millet were higher in the T2, T3 and T4 than in T1 (p<0.05). Nitrogen, P and K uptake of J. millet tended to be influenced by application of chemical fertilizer or 7.0% DM liquid pig manure compared with T1 or 1.8% DM liquid pig manure. The organic matter (OM) content of soil was higher in T2, T3 and T4 than in T1. Na content was highest in T3 among the four treatments. $NO_{3^-}N\;or\;NH_{4^-}N$ content in leaching was not different among the four treatments. $SO_4$ content in leaching water sampled in 1st time was high in T4, but in T3 from 3rd time (p<0.05). Cl, Mg and Na contents were high in leaching water sampled in the 1st time from T4, whereas high in those from T3 in 2nd or 3rd time. Results show that the application of a high DM liquid pig manure is not better for producing Japanese millet and improving the properties of pasture soil than a low DM liquid pig manure. However, the contents of $SO_4$, Cl, Mg and Na in leaching water sampled in 1st time were high in a high DM liquid pig manure.