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Understanding of the Procedure of International Commercial Transaction under Contractual Approach Method (계약을 중심으로 하는 국제무역거래과정의 이해 - 정형거래조건을 중심으로 -)

  • Oh, Won-Suk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.41
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    • pp.3-21
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    • 2009
  • To understand the procedure of international commercial transaction clearly and logically, this author would like to emphasize the contractual approach in this paper. The main contract in the transaction is the contract of sale; to perform this contract, the three subordinate or supporting contracts(including the contract of carriage, the contracts of insurance and the contract of payment) should be followed and performed. In the contract of sale, besides the express Terms, the trade Terms have very comprehensive meanings. Each trade term in Incoterms(2000) deals with the matters relating to the rights and obligations of the parties to the contract of sale with respect to the delivery of the goods sold. It also provides for the duties of seller or buyer relating to the contract of carriage, the contract of insurance and the payment in the process of the delivery of goods. Especially, it does not provide the methods of payment concretely, but it imposes the seller to hand over the documents evidencing the conformity of the contract of sale, and the delivery which includes the documents of carriage and/or insurance. Thus although the trade Terms deal with the obligations of the seller or buyer directly, they are very closely related with the contract of carriage and the contract of insurance indirectly, and also with contract of payment using the documentary draft. For the Arbitration or the litigation in the case of the breach of contract, the trade Terms play very significant roles. When an arbitrator or a judge decides the case, they should understand each obligation clearly, in which case, the trade terms give answers about who is wrong or who is right. Therefore, the contractual approach focusing on the trade terms would give very fruitful advantages to the students or teachers in understanding the procedure of the international commercial transaction systematicly and comprehensively.

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Documentational Study and Observation from the View of Hyungsang Medicine on Bangpungtongseong-san (방풍통성산(防風通聖散)의 문헌(文獻) 및 형상의학적(形象醫學的) 고찰(考察))

  • Suck, Min-Hee;Kim, Jun-Hong;Lee, Yong-Tae
    • Journal of Physiology & Pathology in Korean Medicine
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    • v.22 no.1
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    • pp.51-59
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    • 2008
  • The following conclusions were obtained from the studies on Bangpuntongseongsan both from the documents and Hyungsang medicine. Bangpungtongseong-san was created by Yu Wan-so to relieve both interior and exterior of disease from the pathogenic fire, and it cures wind syndrome and dry syndrome. Bangpungtongseong-san is of light herbal combination and it works in the upper part of the body and is mainly applied to skin disease. Perspiration without harming the exterior and purgation without hurting the interior shows that it is not a severe prescription belonging to meditation therapy. It is mostly used for curing the disease of internal heat caused by over drinking and consuming heavy food, and it has special relationship with Yangmyung meridian. It is mentioned in the chapters of spirit, head, face, eye, ear, nose, throat, skin, hair, prescription, wind, dryness, fire, internal damage, epidemic infectious disease, carbuncle and cellulitis, ulceration, and pediatrics of ${\ulcorner}$Donguibogam${\lrcorner}$. It is usually applied to those who belong to Yangmyung type of the six meridian types or wind type, who has excessive heat, people with red complexion, reddened nose, pimples over the face and nose, coarse heel, loss of hair due to wind-heat, and to those who tend to have dandruff. Through examination over the cases treated with Hyungsan medicine, Bangpungtongseong-san was found efficacious in bloodshot eyes, brandy nose, loss of hair, various skin problems, tetanus, acute alcoholism, paralysis of hand and foot, deafness, and tinnitus.

Network Connecting Structure and Contextual Meanings of Chungbuk Innovation Projects Based on the Amalgamation of Social Network Analysis and System Dynamics Approaches (SNA와 SD 방법론을 활용한 충북 지역혁신사업의 네트워크 연결구조와 함의)

  • Lee, Mi-Ra;Hong, Seong-Ho;Park, Ju-Hye;Lee, Man-Hyung
    • Korean System Dynamics Review
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    • v.10 no.2
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    • pp.103-120
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    • 2009
  • Using various data derived from the regional innovation projects in the IT and BT-sectors within Chungbuk Province, this study tries to observe formation processes of network connecting structure and their spill-over effects. Considering the dynamic nature of key issues, it applies both social network analysis and causal loop methods. After a series of simulation exercises, we find that so-called extroverted regional innovation projects, that is, ones financially supported by the central government, reveal a higher tendency in the centrality, heavily depending on a handful of well reputed organizations. It is quite similar to the reinforcing mechanism, resulting in the rich-get-richer and the poor-get-poorer. Compared with the existing documents, nonetheless, it shows relatively weak in the mechanism strength, implying the fact that regional innovation projects have significantly contributed to ameliorating the unequal distribution of innovation organizations within Chungbuk Province. On the other hand, this study concludes that all the brokerage organizations related to the regional innovation projects have settled in Chungbuk Province. Whereas the Capital Region-based organizations present a higher tendency in the knowledge-network, it seems that the regional innovation projects have significantly contributed to upgrading direct and indirect competitiveness of the local organizations.

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A Study about the Human Communication of the Oriental Medicine Nurse-Patient : 'Ritual Communication' (한방간호사-환자 관계의 인간커뮤니케이션 이해 : 의례적 커뮤니케이션)

  • Jun Myung-Hee
    • The Journal of Korean Academic Society of Nursing Education
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    • v.4 no.1
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    • pp.107-119
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    • 1998
  • This study tried to answer the question : 'How does the human communication happen at the oriental medicine hospital between nurse and patient?' To answer that, a micro-ethnographic research method was used. Researcher visited T university hospital of oriental medicine and observed nurse-patient communication from September 1997 to December 1997. The data was obtained through participant observation, interview, audio-tape recording, home video camera, field note-taking, and related documents. After reviewing the whole data and deliberate analysis, first, I learned that most oriental medicine nurses communicate with their patients for their routine nursing job like recording, hand-over to the next duty, report to doctor, etc. I named this type of communication as 'ritual communication'. Second, I can define major argument as follow : Human communication of oriental medicine between nurse and patient is performed more frequently and variously when nurse contacts the patient for the routine nursing activities than for the incidental activities. As a result of these understandings, I suggest that oriental nursing need to develop the body of knowledge and expand its role and independent nursing activity. Also the bureaucratic hospital management centered doctors must be changed reasonalbly.

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A STUDY ON THE PROCESS OF LARGE-SCALE REPAIR OF A CONDOMINIUM

  • Seki, Eiji;Akiyama, Tetukazu
    • Proceeding of Spring/Autumn Annual Conference of KHA
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    • 2002.11a
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    • pp.295-300
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    • 2002
  • Since the contents of large-scale repair of a condominium were various, a plan document was not prepared. The owners association of the condominium has given priority to decision-making of price priority over quality. Examination is not performed about the contents of the construction supervision business, which checks whether suitable construction is performed, either. On the other hand, the know-how for builders, such as decision of the process plan under which the repair work lessens influence to the safety and life as much as possible since the place where the resident is living turns into a construction site, and selection of a method of construction, is just going to ask. It is an important subject how the structure of the construction contractor selection, which considered quality, is built. Then, this research focuses on large-scale repair construction of the condominium, and arranges the actual condition of a series of processes from plan document creation to construction supervision. The method of research collects the construction documents of the condominium that carried out Barge-scale repair construction. Next, collection arrangement of the data of construction builder selection is carried out. The method of the construction builder selection of those other than a construction price is examined. The method of quality control of large-scale repair construction is examined.

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Before Serindia: The Achaemenid Empire Along and Astride the Silk Roads

  • Marco, FERRARIO
    • Acta Via Serica
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    • v.7 no.2
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    • pp.133-152
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    • 2022
  • Both in popular perception and specialized literature, the Achaemenid Empire, for over two centuries the most important player from the Aegean to the Indus, is rarely evoked in correlation with the complex of socio-cultural dynamics which shaped the spaces of what has become known as the Silk Road(s). Building on the case study of the Pazyryk carpet on the one hand (King 2021, 353-361, Linduff and Rubinson 2021, 88-97), and of the spread of an artistic motive such as the quatrefoil on the other (Kim 2021), this paper explores the rich and complex nature of the commercial networks that flourished across Central Asia under the aegis of Achaemenid Great Kings. Both archaeological and literary evidence shall be discussed (especially the Aramaic Documents from Ancient Bactria: Naveh and Shaked 2012, and now King 2021, 315-320). If taken together and read against the grain, such material is significant for the following reasons. First, it suggests the existence - and the scale - of commercial activities directly fostered or indirectly promoted by the imperial administration in Central Asia, an area of crucial importance within the Achaemenid domains, but for which our evidence is rather scanty and difficult to assess. Second, it shows how the Achaemenid "Imperial Paradigm" (Henkelman 2017) affected the social and economic landscape of Central Asia even after the demise of the Empire itself, thus considerably shaping the world of the Silk Road(s) a century before the Ancient Sogdian Letters (de la Vaissière 2005, 43-70) or Zhāng Quiān's famous report.

Research on the Status of Domestic Wedding Industry - Focusing on Dress, Studios, Makeup Firms -

  • Shin, Kyeong-Seob
    • Journal of Fashion Business
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    • v.12 no.3
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    • pp.153-166
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    • 2008
  • The purpose of this research is to analyze the overall process of the wedding industry - arranging domestic wedding firms and formulating a database related to the business. Simultaneously, with all the data in hand the research attempts to seek flaws within the wedding industry and tries to offer solutions to revitalize the industrial section. Because the list of articles is enormously expansive, for the purpose of basic research, objects have been selected according to the process presented below. Wedding-product firms have been classified within the boundaries of dresses, studios, and makeup firms; distributing channels are mainly focused on wedding planners and related-consulting firms; related departments of universities and wedding organizations are illustrated as well. Due to the unorganized system of this particular field, the research process has been conducted with materials from personal experiences, newspapers, magazines, Internet websites, documents, and interviews with wedding-related firms and organizations, and professors. As a result, over 13 subjects which formulate a market structure of over 30 trillion won. However, due to lack of systemization of the industry, as it expands, numerous problems occur. Excessive competition between wedding-consulting firms and the lack of reliable education for wedding planners, unnecessary external investment and the lack of product research, false Information from the Internet puts the entire industry in a inefficient position. Organizations such as Korea Traditional clothes Industrial Union, Korea Wedding Consulting Association, Korea Martial Industrial Promotion Association(KOMIPA) etc, are made to seek for solutions. For the wedding industry to revitalize, wedding-product firms, wedding planners and consulting firms must maintain an organic relationship every season. They must systemize a proper distribution system, with wedding-product companies enhancing the quality of products, wedding planners organizing wedding plans with responsibility, and consulting firms focusing not only on profits. In order to make high-valued products, wedding-product companies must put their greatest effort in producing talented minds, and universities with related departments must do so as well. In other words, the industrial and educational section of our society must cooperate through a sophisticated system. In addition, related organizations must act to receive governmental support in order to support the industry.

A Study on the Online Arbitration Rules in China (중국 온라인중재규칙에 관한 연구)

  • Choi, Seok-Beom
    • Journal of Arbitration Studies
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    • v.21 no.2
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    • pp.47-64
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    • 2011
  • The China International Economic and Trade Arbitration Commission(CIETAC) released online arbitration rules which apply the resolution of disputes over electronic commerce transactions, as well as other economic and trade disputes in which the parties agree to do. The evidence submitted by the parties may be electronic evidence created, sent, received or stored by electronic, optical or magnetic means. Electronic evidence with a reliable electronic signature shall carry the same effect and probative force as a document with a hand-written signature. Where a case is tried in a tribunal, the arbitration tribunal shall conduct an online trial hearing using internet video conference or other electronic or computer communication means. Unless the parties have another agreement, summary procedure shall apply to cases where the amount in dispute exceeds RMB 100,000 but no more than RMB 1 million, or where the amount in dispute exceeds RMB 1 million and a party submits a written application for summary procedure after obtaining the written consent of the other party. Unless the parties have agreed otherwise, fast-track procedure shall apply to cases where the amount in dispute does not exceed RMB 100,000 or where the amount in dispute exceeds RMB 100,000 and a party submits a written application for fast-track procedure after obtaining the written consent of the other party. Notable features of the Online Rules are as follows; first, there is not detailed consideration for online arbitration. Second, communications between the parties and the tribunal are allowed only through the Secretariat. Third, elaborate provisions regarding the electronic submission and transmission of documents is provided for. Forth, various factors must be considered by the tribunal in deciding the evidence's reliability. Fifth, reasonable endeavours is levied on CIETAC to keep data communications secure and encrypted. Sixth, the tribunal has the right to investigate and collect relevant evidence. And finally different procedures are provided for in consideration of the various types of E-commerce.

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A Study on the CISG Cases of Korean Firms (우리나라 기업의 CISG 적용사례에 관한 고찰)

  • HA, Kang-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.107-126
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    • 2016
  • The parties in International Sale of Goods including Korean Firms Should note ; The buyer must pay the price for the goods and take delivery of them as required by the contract and CISG. The obligations mentioned in Article 53 are primary obligations which are to be fulfilled in the normal performance of the contract. The buyer has to take delivery at the respective place within a reasonable period after this communication since he cannot be required to take delivery immediately. Refusing to take delivery in case of delay not constituting a ground for avoiding the contract makes no sense, since this would lead to even later delivery. The buyer's obligation to pay the price includes taking such steps and complying with such formalities as may be required under the contract or any laws and regulations to enable payment to be made. International sales contracts frequently prescribe that the buyer has to act in advance, that is before the seller starts the process of delivery. Such acts may be either advance payments or the procurement of securities for payment as letters of credit guarantees. On the other hand, The seller deliver the goods hand over any documents relating to them and transfer the property in the goods, as required by the contract and CISG. The seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. Except where the parties have agreed otherwise, the goods do not conform with the contract unless they are fit for the purposes for which goods of the same description would ordinarily be used are fit for any particular purpose expressly or impliedly made known to the seller at the time of the conclusion of the contract, except where the circumstances show that the buyer did not rely, or that it was unreasonable for him to rely, on the seller's skill and judgement. The buyer may declare the contract avoided if the failure by the seller to perform any of his obligations under the contract or CISG amounts to a fundamental breach of contract. The seller may declare the contract avoided if the failure by the buyer to perform any of his obligations under the contract or CISG amounts to a fundamental breach of contract.

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The Rules of Law on Warranty Liability in Contracts for the International Sale of Goods - With Special Reference to CISG - (국제물품매매계약에 있어서 하자담보책임에 관한 법리 - CISG를 중심으로 -)

  • Hong, Sung-Kyu
    • Journal of Arbitration Studies
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    • v.24 no.4
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    • pp.147-175
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    • 2014
  • In contracts for the international sale of goods, a seller must deliver appropriate goods and hand over relevant documents according to a contract, which will transfer the ownership of the goods to a buyer. In this case, if there are defects in the contracted goods, the warranty liability will occur. However, in the United Nations Convention on Contracts for the International Sale of Goods (CISG), a term-the conformity of the goods to the contract-is used universally instead of the warranty. According to the CISG, a seller must deliver goods in conformance with the relevant contract in terms of quantity, quality, and specifications, and they must be contained in vessels or in packages according to the specifications in the contract. In addition, a certain set of requirements for conformity will be applied implicitly except when there is a separate agreement between parties. Further, the base period of conformity concerning the defects of goods is the point when the risk is transferred to the buyer. A seller shall be obliged to deliver goods that do not belong to a third party or subject to a claim then, and such obligations shall affect the right or claim of a third party to some extent based on intellectual property rights clauses. If the goods delivered by the seller lack conformity, or incur right infringement or claim of a third party, then it shall be regarded as a default item per the obligation of the seller. Thus, the buyer can exercise diverse means of relief as specified in Chapter 2, Section 3 (Article 45-Article 52) of the CISG. However, such means of relief have been utilized in various ways for individual cases as shown in judicial precedents made until now. Contracting parties shall thus keep in mind that it is best for them to make every contract airtight and they should implement each contract thoroughly and faithfully to cope with any possible occurrence of a commercial dispute.

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