• Title/Summary/Keyword: Governing law

Search Result 491, Processing Time 0.03 seconds

Payment Refusal against Discrepancy in Transport Document under L/C Transaction (신용장거래에서 운송서류 불일치에 대한 지급거절)

  • Lee, Jung-Sun
    • Korea Trade Review
    • /
    • v.42 no.2
    • /
    • pp.205-225
    • /
    • 2017
  • The study attempts to verify the case related to the notice of payment refusal by issuing bank regarding discrepancy in transport document under L/C(Letter of Credit) transaction. Considering the high portion of trade between Korea and China, Korean companies and banks in L/C transaction should be careful about many unpredictable situations. The case of this study is that Chinese seller(beneficiary) initiated a civil suit against Industrial Bank of Korea to Chinese court and Chinese courts in the first and second trials judged that the notice of payment refusal by Industrial bank of Korea doesn't satisfy Article 16, (c) (ii) (iii) in UCP 600. However, Industrial Bank of Korea implements the judgement even though the judgement is highly biased to Chinese seller. Considering the judgement by Chinese courts, the study suggests some countermeasures to Korean companies and banks which opened L/C. First, the issuing bank should describe the contents of discrepancy specifically based on Article 16, (c) in UCP 600. Second, it is necessary to insert a clause regarding governing law in the L/C contract like sales contract. Third, considering the biased judgement by Chinese court and difficulty in execution of foreign judgement in China, it is recommended to using arbitration as a method of dispute resolution such as ICLOCA and DOCDEX Rules which are international system operated by international instruments because it has legal effects to parties in L/C contracts if the issuing bank inserts arbitration clause in L/C.

  • PDF

The Study for Reduction Effect of Riverbed Scour due to Shape of Vanes (베인 형태에 따른 하상세굴 저감 효과에 관한 연구)

  • Hae Min Noh;Ho Jin Lee;Sung Duk Kim
    • Journal of Korean Society of Disaster and Security
    • /
    • v.16 no.2
    • /
    • pp.57-63
    • /
    • 2023
  • Recently, Heavy rains and super typhoons occurred by climate change cause a lot of damage in Korea. In order to reduce such damage, various types of river maintenance projects are being promoted, but it is difficult to maintain the balance of rivers in Korea with distinct flood and dry seasons. In particular, river structures installed as a river maintenance project cause various problems such as scouring of structures and their foundations during floods and river bed changes. In order to reduce such bed scour, various vanes are installed in the bend of the river, and various bed scour reduction effects appear depending on the size, arrangement, and shape of the vanes. The vane regenerates the secondary flow in the opposite direction to the secondary flow generated by the centrifugal force, thereby reducing scour around the outer bed and promoting deposition. The theory of this study uses the governing equation applying the continuity equation that satisfies the law of conservation of mass and the momentum equation that satisfies the conservation of momentum, and measures the overall average flow velocity change rate according to design factors to investigate the effect of vanes under various conditions. Both the average and cross-sectional flow velocities decreased in both the trapezoidal vane and the square vane. In addition, vanes installed perpendicularly or inclined to the direction of river flow generate a secondary flow in the opposite direction to the secondary flow generated by centrifugal force, thereby canceling the secondary flow of centrifugal force, so the effect of the vane appears.

Optimization of impeller blade shape for high-performance and low-noise centrifugal pump (고성능 저소음 원심펌프 개발을 위한 임펠러 익형 최적설계)

  • Younguk Song;Seo-Yoon Ryu;Cheolung Cheong;Tae-hoon Kim;Junhyo Koo
    • The Journal of the Acoustical Society of Korea
    • /
    • v.42 no.6
    • /
    • pp.519-528
    • /
    • 2023
  • The aim of this study was to enhance the flow rate and noise performance of a centrifugal pump in dishwashers by designing an optimized impeller shape through numerical and experimental investigations. To evaluate the performance of the target centrifugal pump, experiment was conducted using a pump performance tester and noise experiment was carried out in a semi-anechoic chamber with microphones and a reflecting wall behind the dishwasher. Through the use of advanced computational fluid dynamics techniques, numerical simulations were performed to analyze the flow and aeroacoustics performance of our target centrifugal pump impeller. To achieve this, numerical simulations were carried out using the Reynolds-Average Navier-Stokes equations and Ffowcs-Willliams and Hawkings equations as governing equations. In order to ensure the validity of numerical methods, a thorough comparison of numerical results with experimental results. After having confirmed the reliability of the current numerical method of this study, the optimization of the target centrifugal pump impeller was conducted. An improvement in flow rate was confirmed numerically, and a manufactured proto-type of the optimized model was used for experimental investigation. Furthermore, it was observed that by applying the fan law, we could effectively reduce noise levels without reducing the flow rate.

Exploring the power of physics-informed neural networks for accurate and efficient solutions to 1D shallow water equations (물리 정보 신경망을 이용한 1차원 천수방정식의 해석)

  • Nguyen, Van Giang;Nguyen, Van Linh;Jung, Sungho;An, Hyunuk;Lee, Giha
    • Journal of Korea Water Resources Association
    • /
    • v.56 no.12
    • /
    • pp.939-953
    • /
    • 2023
  • Shallow water equations (SWE) serve as fundamental equations governing the movement of the water. Traditional numerical approaches for solving these equations generally face various challenges, such as sensitivity to mesh generation, and numerical oscillation, or become more computationally unstable around shock and discontinuities regions. In this study, we present a novel approach that leverages the power of physics-informed neural networks (PINNs) to approximate the solution of the SWE. PINNs integrate physical law directly into the neural network architecture, enabling the accurate approximation of solutions to the SWE. We provide a comprehensive methodology for formulating the SWE within the PINNs framework, encompassing network architecture, training strategy, and data generation techniques. Through the results obtained from experiments, we found that PINNs could be an accurate output solution of SWE when its results were compared with the analytical method. In addition, PINNs also present better performance over the Artificial Neural Network. This study highlights the transformative potential of PINNs in revolutionizing water resources research, offering a new paradigm for accurate and efficient solutions to the SVE.

A Study on Effect of B/L's Exemption Clauses Relating to the Governing Law of English Law (영국법의 준거법과 관련한 선하증권 면책약관의 효력에 관한 연구)

  • Han, Nak-Hyun;Jung, Jun-Sik
    • Journal of Korea Port Economic Association
    • /
    • v.22 no.4
    • /
    • pp.1-17
    • /
    • 2006
  • In the Bill of Lading of The Irbenskiy Proliv is not subject to the Hague-Visby Rules in accordance with paragraphs (A) and/or (E) of cl.1 or to the Hague Rules in accordance with paragraphs (B) and/or (D) of cl.1. The Irbenskiy Proliv is very rare case that is effective to exempt the carrier as literal words of Bill of Lading. The action concerns cargoes of perishable goods shipped from Brazil to Japan, under Bills of Lading each of which contained an extensive carrier's exemption clause. A preliminary issue was ordered to be determined on the question whether c1.4 is effective to exempt the ralliers from any potential liability for the claims in this case. The court held that there is no reason to reject c1.4 as part of each of the contracts contained in or evidenced by the bills of lading; and it protects the carrier where damage to the goods shipped results from such causes. It is therefore effective to exempt the carriers from any potential liability for those claims.

  • PDF

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
    • /
    • v.10 no.1
    • /
    • pp.3-25
    • /
    • 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.

  • PDF

Sequential Sampling Plan for Aphis gossypii (Hemiptera: Aphididae) based on Its Intra-plant Distribution Patterns in Greenhouse Cucumber at Different Growth Stages (온실재배 오이의 생육단계별 목화진딧물의 주내 분포 특성에 기초한 축차표본조사법)

  • Chung, Bu-Keun;Song, Jeong-Heub;Lee, Heung-Su;Choi, Byeong-Ryul
    • Korean journal of applied entomology
    • /
    • v.54 no.4
    • /
    • pp.401-407
    • /
    • 2015
  • This study describes the development of a method for monitoring Aphis gossypii in greenhouse cucumber fields that was used during 2013 and 2014. The dispersion pattern of A. gossypii was determined by commonly used methods: Taylor's power law (TPL) and Iwao's patchiness regression (IPR). The sample unit was determined by linear regression analysis between mean density of sample unit versus whole plant. The optimum sample unit for different plant growth stages was two leaves (median and the lowest + 1 leaf) when the total number of leaves was less than nine, and three leaves (4th, 7th from canopy, and the lowest +1 leaf) when the total number of leaves was greater than nine. A. gossypii showed an aggregated distribution pattern, as the slopes of both TPL and IPR lines were greater than 1. TPL provided a better description of the mean-variance relationship than did IPR. The slopes and intercepts of TPL and IPR from leaf samples did not differ between the surveyed years. Fixed precision levels (D) for a sequential sampling plan were developed using Green's and Kuno's equations based on the number of aphid in a leaf sample. Green's method was more efficient than Kuno's to stop sampling. The number of samples needed to estimate the density of A. gossypii increased at higher D levels and lower mean densities. The cumulative number of aphids needed to stop sampling increased at higher D levels and with fewer plants sampled. Thus to estimate 10 aphids per leaf, 13 plants needed to be sampled, and the cumulative number of aphids to stop sampling was 131.

The Comparative Research on the Theory of Self-cultivation in Neo-Confucianism and Daesoon Thought (주자학과 대순사상의 수양론 비교 연구)

  • Lee, Gwang-ju
    • Journal of the Daesoon Academy of Sciences
    • /
    • v.24_2
    • /
    • pp.231-270
    • /
    • 2015
  • This thesis examined Chu Hsi's self-cultivation theory as the representative theory of cultivation in Confucianism, while juxtaposing it to self-cultivation theory in Daesoon thought, concentrating on its similarity and difference. Neo-Confucianism is a scholarship which has wielded a tremendous influence upon East Asia, while functioning as an official scholarship for long period up to Yuan, Ming, and Ching period, after achieving its synthesis by Chu Hsi. After 13th century, Neo-Confucianism has been a representative academic system in Confucianism, and self-cultivation theory was in its center. It suggested various virtues that classical scholars have to equip to fulfill the sainthood and the politics of royal road. The self-cultivation theory of Chu Hsi was developed upon the basis of the theory 'Li-Qi' and the theory of mind. Here, the practice of Geokyung(morally awakened state with a reverent spirit in every moment) and Gyeokmul-tsiji(reaching into the utmost knowledge through investigation of things) formed a nucleus of Chu Hsi's self-cultivation theory. While Geokyung was to reveal one's true nature through cultivation of mind, Gyeokmul-tsiji was to demonstrate the complete use of mind's essence and function. Chu Hsi's self-cultivation theory attempted to realize the unity of heaven and man, and through cultivating self and governing people, it also tried to achieve its ideal of the society of Great Union(Daedong). Daesoon Thought is originated from Sangjenim who has descended to this world as a human being called Jeungsan. He went on his circuit to rectify the disorder of heaven and earth for 9 years to rectify the Three worlds of heaven, earth and human being which were faced with total annihilation due to its rule of mutual conflict, while creating an earthly paradise. Respecting the will of Sangjenim, Dojunim established the foundation of Do through launching 'Meukeukdo' and setting tenet, creed and object so that the cultivators (Doins) could believe and respect the truth of Sangje's great itineration (Daesoon). Among those, the two components of creed, which are four fundamental principles and the three fundamental attitudes are of great account as precept and cardinal point. Through this means, the cultivators of Daesoonjinrihoe aspire to guard against self-deception through transforming the human spirit, to realize earthly immortality through renewing human beings, and to create an earthly paradise through transforming the world. This thesis attempted to compare and analyze the theory of self-cultivation in Neo-Confucianism and Daesoon Thought in the aspect of ground, method, and object of cultivation. First, as for the ground of cultivation, the doctrines of Chu-tzu and Daesoon thought place the essence of cultivation on 'heaven'. Yet, whereas the former postulates Taekeuk (the Great Ultimate) as a principle as well as the heaven of a natural order, Daesoon thought postulates Sangenim as the heaven of superintendence as well as the heaven of a natural order, signified as its equation of Daesoon with circle, along with the unity of Meukeuk (Endlessness) and Taegeuk (the Great Ultimate). Further, the doctrine of Chu-zhu and Daesoon thought is identical in the point that both thoughts see mind as the subject of cultivation, while trying to restore a pure essence. Nevertheless, whereas Neo-Confucianism intends to give scope to ability of the complete use of mind's essence and function, Daesoon Thought sees mind as the essence which is used by spiritual beings and as an organ that heaven, earth and human being rely upon as the center of the universe. In the aspect of method of cultivation, the doctrine of Chuzhu lays emphasis on the rational factor in that it brightens its 'myung-deoki'(bright inner virtue),' while trying to correspond to the law of heaven on the basis of 'Geokyung' and 'Gyeokmul-tsiji.' On the contrary, Daesoon thought lays much emphasis on faith factor in that it aspires for human perfection based on the restoration of conscience by cultivating Daesoonjinri with sincerity, reverence and faith along with 'quieting the heart-mind', 'quieting the body', 'respecting the God of the Ninth Heaven', and 'observing ritual practice on the basis of the faith in Sangjenim. Yet, both thoughts have similarities in that cultivation of body forms the basis and that they attempt to realize their ideals through cultivation in daily life while taking 'Guarding against self-deception' as the key method of self-cultivation.' However, the principle of Chu-zhu can be said to be a voluntary and autonomous practice based on scripture of the saint as well as self-reflection. On the other hand, Daesoon thought reveals certain difference in that it combines faith factor with one's self-effort by concentrating on cultivation under the presence of Sangjenim as the object of belief and the spirits of heaven and earth. In the aspect of object of cultivation, both thoughts share similarities in that the saint and the perfected gentleman with a moral virtue as an ideal image of men in both thoughts attempt to realize each of their 'myung-deok' in human nature as a heavenly mandate while respecting morality. Further, they also share similarity in the point that the desirable characters in both thoughts want to participate in harmonious creation and nurturance. Yet, the perfected gentleman with a moral virtue is also characterized by its aim for a new heaven and earth where there is no mutual conflict but mutual beneficence, by promoting the moral influence and virtue of Sangjenim over one's own virtue, while practising the mutual beneficence of all life through harmonious union of divine beings and human beings.

Evaluation for Rock Cleavage Using Distribution of Microcrack Lengths (미세균열의 길이 분포를 이용한 결의 평가)

  • Park, Deok-Won
    • The Journal of the Petrological Society of Korea
    • /
    • v.24 no.3
    • /
    • pp.165-180
    • /
    • 2015
  • Jurassic granite from Geochang was analysed with respect to the characteristics of the rock cleavage. The phases of distribution of microcracks were well evidenced from the enlarged photomicrographs(${\times}6.7$) of the thin section. In this study, the length - cumulative frequency diagrams were used for expressing the distribution characteristics of microcrack. The diagrams for the six directions were arranged in the magnitude of density(${\rho}$). These diagrams show an order of H2 < H1 < G2 < G1 < R2 < R1 from the related chart. Among six diagrams, the diagram for hardway 2(H2) occupies the lowermost region on the left. On the contrary, the diagram for rift 1(R1) occupies the uppermost region on the right. Curve patterns of the two diagrams change from uniform to exponential distribution type in accordance with the increased density. The overall distribution characteristics of the diagrams were well evidenced from the magnitude of the exponent(${\lambda}$) and length of line oa related to the exponential straight line. The magnitude of exponent governing the values of slope(${\theta}$) is inversely proportional to the values of microcrack parameters such as number(N), length(L) and density. On the contrary, length of line oa is directly proportional to the values of the above three parameters. Above microcrack parameters related to the order of arrangement of diagrams show an order of hardway(H1 + H2) < grain(G1 + G2) < rift(R1 + R2). The distribution characteristics of progressive variation are found among the six diagrams. The order of arrangement of the diagrams indicates a relative magnitude of the rock cleavage. Meanwhile, the parameters such as slope, exponent, density and length of line oa were arranged in an order of H2 < H1 < G2 < G1 < R2 < R1. The variation curves of a smooth quadratic function are shown from the related chart. From the correlation chart between density and the above parameters, a common regularity following power-law correlation function was derived. Finally, the analysis for the rock cleavage was conducted through the combination between the diagram and microcrack parameter. This type of combination contribute to the progressivity in evaluation for the rock cleavage.

Improvement of State Ownership of Excavated Cultural Heritage System and Establishment of Policy Direction (발굴매장문화재 국가귀속제도의 정책 개선방안 연구)

  • Kim, Jong soo
    • Korean Journal of Heritage: History & Science
    • /
    • v.49 no.1
    • /
    • pp.22-43
    • /
    • 2016
  • State Ownership of Excavated Cultural Heritage System was originated from the legislations concerning cultural objects during the Japanese colonial period (1910~1945) and was succeeded by the present Buried Cultural Properties Act enacted in 2011. Despite the importance of the system that completes the outcomes of excavations and determines the state-owned cultural properties, the foundation of national heritage, it has been limitedly regarded as administrative area and neglected by the academic scholars or policy researchers. Recently the traditional culture has drawn increasing domestic interest and awareness that the cultural heritage contributes to building cultural identity and vitalizing tourism has led to increasing the demand of a local government's role in management of the state-designated cultural heritage and even fighting for hegemony in securing the cultural objects between the central and local governments. Despite the continuing efforts for improving the selection process of cultural heritage and its management institution, establishment of an advanced objective system has been requested. This paper is intended to suggest the policy direction through demonstrating the problem and assignment caused in the process of implementing the Buried Cultural Properties Act and reviews the State Ownership of Excavated Cultural Heritage System from the legal point of view accordingly. First, I suggest improving the selection process of the state-owned cultural properties. Even though current law states that Administrator of Cultural Heritage Administration reviews the research reports and selects the possible candidates for the state-owned cultural properties almost all the cultural objects listed on the reports are practically selected. In this regard, two possible resolutions can be made; newly establishing a separate process for selecting the state-owned cultural properties after publishing the report or adding the selection process of the state-owned cultural properties during the heritage selection meeting. Either way should contribute to strengthening the impartiality and objectivity of the policy. My second suggestion is improving the operating system of the heritage selection meeting in which the cultural properties to be listed on the reports are determined. Given the present extensive assessment criteria, there is much room for certain experts' subjective opinions. Therefore, in order to enhance the fairness and credibility of the heritage selection meeting, specifying the assessment criteria and advance review of the expert list are necessary. Third, this paper suggests increasing the local government's role in management of the state-owned cultural heritage and diversifying the heritage management institution. Development of a local self-governing system has led to the increased demand for delegating the authority of the state-owned heritage management to the local governments. Along with this, the gradual improvements of public museum management raises the need for expanding the cultural benefits through increasing the local government's role in management of the state-owned heritage. Considering the fact that overall majority of the art collections housed at national or public museums is owned by the central government, developing a variety of heritage contents and vitalizing the heritage tourism are crucial. The true meaning and value of the state-owned cultural heritage hidden at the storage of a museum can be found when they are shared together with the public.