• 무역상무연구
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• 제69권
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• pp.127-151
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• 2016

UNIDROIT Principles of International Commercial Contracts(PICC) was published in 1994. PICC has been functioned as a guideline of international commercial contracts, an applicable law to govern a contract by the agreement of the parties to a contract, general principles of law and lex mercatoria. In addition, PICC has a role of interpreting or supplementing international uniform law instruments as well as domestic laws, and also has served as a model for national and international legislations. PICC has been accepted as a authoritative source of knowledge of international trade usages of international commercial contracts to the arbitral tribunal rather than domestic court because it excluded the characteristics of hard law at the drafting stage. This article dealt with the rule on gross disparity of validity which fall outside the scope of UN Convention on Contract for the International Sale of Goods(CISG), which has obtained a leading legal position of uniform law in international sales of good. In other words, PICC suggests a series of meaningful solutions to the issue of gross disparity of contract which is the most complicated among legal disputes occurring during the process of conclusion of contact and also extremely different and diverse between legal systems. This article covered the issue of gross disparity of contract at the conclusion of contact and suggested the legal basis of several rules related to the gross disparity by analysing gross disparity rule of PICC. Furthermore, this article suggested legal check points or implication as well as interpretation and evaluation on doctrine of laesio enormis and undue influence or unconscionability. This article also dealt with a comparative analysis with Principles of European Contract Law(PECL) and Common European Sales Law(CESL) which have important legal positions in the area of international commercial contract as well as in terms of close relationship to PICC by linking with recent court or arbitral tribunal rulings.

• 문화기술의 융합
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• 제2권3호
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• pp.9-14
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• 2016

엠바밍은 시신의 일시적 보존을 위해 실행되는 기술로 피부를 절개하고 혈관을 찾고 보존액을 주입하는 작업을 거치기 때문에 법률적 근거가 필요하며, 법률적 근거에 의하여 시신의 인격에 대한 존경심과 전문성을 가지고 있는 전문가에 의해서 실행되어야 한다. 이러한 이유로 미국 등에서는 엠바밍에 대한 법률적 근거가 심도있게 연구되고 있으나 국내에서는 아직 엠바밍에 관한 연구가 미비하다. 국내에서는 엠바밍 필요성과 엠바밍 전문인 육성에 대한 연구가 꾸준히 진행되어 왔지만, 엠바밍 처리시 발생할 수 있는 시신의 존엄성에 대한 법률적 근거 및 당위성에 대한 연구는 미비하다. 이에 본 연구에서는 엠바밍에 관한 관련법규에 대해 논하고 엠바밍의 법률적 당위성과 전문적 엠바머의 필요성에 대해 살펴보고자 한다.

• 무역상무연구
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• 제13권
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• pp.1033-1055
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• 2000

Almost business enterprises have recently used electronic commerce to conduct their business. Electronic commerce has come to encompass the Internet as well as EDI on private networks begun in the 1960s. The Internet is already changing the way that many companies conduct their business. Domestic electronic commerce has rapidly enhanced, while Int'l electronic commerce has gone steady. There are four issues for developing of Int'l Electronic Commerce. Firstly, The EDI Standardization is to be uniformed and prevailed over the world in UN/EDIFACT authorized by ISO. Secondly, There are two useful systems on Electronic Document Transmission, so called, Bolero project system and Trade Card System. It is thought that Bolero system will be more useful for large trading enterprises, especially, who need a Letter of Credit and electronic B/L, while T/C system is proper to small trade companies who do not need those. Successful results of Bolero system is very important for Int'l electronic commerce enterprises. Thirdly, to secure electronic signature, Int'l Certification Authority is essential for the users of Int'l electronic commerce. Trusted way of distributing public keys is to use a Int'l Certification Authority. The Int'l Certification Authority will accept user's public key, along with some proof of identity and serve as a depository of digital certificates. Both governments and the International business community must involve archiving keys with trusted third parties. Finally, It is important that all the nations and UNCITRAL continue efforts to make legal bases in Int'l electronic commerce concerned, including electronic signature, certification etc.

• 무역상무연구
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• 제67권
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• pp.23-47
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• 2015

European Commission drafted and proposed the Common European Sales Law(CESL) to the European Parliament for the realization of a uniform set of international private law rules within the EU internal market. Since its purpose is for free international commercial activities for the sale of goods, for the supply of digital content and for related services, it was proposed to enable EU Member States to adopt or supplement as their substantive law according to their options. This study is relate to the legal bases on termination of a contract under CESL, they are composed of three parts: damages and interest, restitution and prescription. Damages and interest are divided into damages, general provisions on interest on late payments, and late payment by traders. Damages are explained by dividing into right to damages, general measure of damages, foreseeability of loss, loss attributable to creditor, reduction of loss, substitute transaction, and current price. Restitution is described by dividing into restitution on revocation, payment for monetary value, payment for use and interest on money received, compensation for expenditure and equitable modification. Prescription is explained by dividing into general provisions, periods of prescription and their commencement and extension of periods of prescription. General provisions explain right subject to prescription into a right to enforce performance of an obligation and any right ancillary to such a right. Regarding period of prescription, the short one is two years and the long one is ten years. However, in the case of a right to damages for personal injuries, period of prescription for such right is thirty years. Regarding commencement, the short one begins to run from the time when the creditor has become, or could be expected to have become, aware of the facts as a result of which the right can be exercised, while the long one begins to run from the time when the debtor has to perform. However, in the case of a right to damages, the CESL clarifies that it begins to run from the time of the act which gives rise the right.

• 무역상무연구
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• 제72권
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• pp.1-24
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• 2016

This study focused on getting clear understanding on the legal bases in terms of plurality of obligors and plurality of obligees through a analysis the PICC(2010) which has been standing firmly as the general principles of international commercial contract. Related to the title of this paper, PICC are dealing with not only plurality of obligors but plurality of obligees. The contents of the former are as follows; presumption of joint and several obligations and obligee's rights against joint and several obligors (arts.11.1.1, 11.1.2, 11.1.3), availability of defences and rights of set-off and effect of performance and set-off (arts.11.1.4, 11.1.5), effect of release or settlement and effect of expiration or suspension of limitation period (arts.11.1.6, 11.1.7), effect of judgment (art.11.1.8), apportionment among joint and several obligors and extent of contributory claim (arts.11.1.9, 11.1.10), rights of the obligee, defences in contributory claims, inability to recover (arts.11.1.11, 11.1.12, 11.1.13) and so on. On the other hand the contents of the latter are as follows; definitions (art.11.2.1), effects of joint and several claims (art.11.1.2), availability of defences against joint and several obligees (art.11.2.3), allocation between joint and several obligees (art.11.1.4). The main subjects are one is when several obligors are bound by the same obligation towards an obligee, the obligations are joint and several when each obligor is bound for the whole obligation, the obligations are separate when each obligor is bound only for its share and the other is when several obligees can claim performance of the same obligation from an obligor, the claims are separate when each obligee can only claim its share, the claims are joint and several when each obligee can claim the whole performance and the claims are joint when all obligees have to claim performance together.

• Journal of Korea Trade
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• 제24권1호
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• pp.113-130
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• 2020

Purpose - This paper examines the legal standards for the interpretation of contract terms in the UNIDROIT Principles of International Commercial Contracts (PICC) and the cases thereunder in order to provide academic implication to promoting an appropriate understanding of this topic in practical business. Design/methodology - This article uses the literature research and case study under the PICC. Findings - the contract terms shall be interpreted according to the common intention of the parties. If such an intention cannot be established, the contract shall be interpreted according to the meaning that reasonable persons of the same kind as the parties would give to it in the same circumstances. The statements and other conduct of a party shall be interpreted according to that party's intention if the other party knew or could not have been unaware of that intention. If not, the reasonable person standard will apply. In applying above articles, all relevant circumstances including the conduct of the parties, practices and usages shall be considered. Terms and expressions shall be interpreted in the light of the whole contract or statement in which they appear and contract terms shall be interpreted so as to give effect to all the terms rather than to deprive some of them of effect. Where contract terms supplied by one party are unclear, contra proferentem rule applies. Where there is discrepancy between several equally authoritative versions of a contract, a preference is given to the interpretation according to the version originally drawn up. Where the parties to a contract have not agreed regarding an important term for their rights and duties, a term which is appropriate in the circumstances shall be supplied. Originality/value - This article examines various cases regarding the topic that were determined under the PICC. By finding legal standards and rulings of relevant cases, this article will help readers in practical business to enhance the ability to apply the provisions to their contracts.

• 정보관리학회지
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• 제1권1호
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• pp.9-24
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• 1984

이 논문(論文)은 컴퓨터와 연관된 지적소유물(知的所有物)에 대한 기존법적보호(旣存法的保護)의 적용문제를 다룬 것이다. 선진국의 현황(現況)과 그 문제점을 조사함으로써 우리나라의 저작권법개정안에 보완되어야 할 사항, 또는 특허권법의 적용가능성등을 제시하였고 어떤 법적보호책도 새로운 미디어를 포괄적으로 다루어야 할 것과 국제적인 협의 안에서 서로 동등하게 인정되어야 할 것을 결론으로 내 놓았다.

• International Journal of Computer Science & Network Security
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• 제21권12호
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• pp.264-268
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• 2021

In the context of globalization of information processes, the prevalence of information wars and terrorism, there are new threats to national interests in the information sphere, which actualizes providing the information sovereignty of modern states. Therefore, the purpose of the article is an in-depth analysis of the features and content of information sovereignty as a component of state sovereignty, its relationship with freedom of information and information security, as well as a characterization of the bases and directions of providing information sovereignty. The information sovereignty of the modern state includes its activities to determine national interests in the information sphere, the formation and implementation of information policy, providing information security, regulation and control of information processes. The realization of information sovereignty should be based on real freedom of information, information privacy and the state obligation to provide them. Ensuring information sovereignty also requires solving the problems of formation of modern information legislation, which would comprehensively establish the bases and directions of providing information sovereignty, exceptional cases of restriction of freedom of information.

• International Journal of Computer Science & Network Security
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• 제22권6호
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• pp.346-356
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• 2022

The jurisprudential legal rules govern the way Muslims react and interact to daily life. This creates a huge stream of questions, that require highly qualified and well-educated individuals, called Muftis. With Muslims representing almost 25% of the planet population, and the scarcity of qualified Muftis, this creates a demand supply problem calling for Automation solutions. This motivates the application of Artificial Intelligence (AI) to solve this problem, which requires a well-designed Question-Answering (QA) system to solve it. In this work, we propose a QA system, based on retrieval augmented generative transformer model for jurisprudential legal question. The main idea in the proposed architecture is the leverage of both state-of-the art transformer models, and the existing knowledge base of legal sources and question-answers. With the sensitivity of the domain in mind, due to its importance in Muslims daily lives, our design balances between exploitation of knowledge bases, and exploration provided by the generative transformer models. We collect a custom data set of 850,000 entries, that includes the question, answer, and category of the question. Our evaluation methodology is based on both quantitative and qualitative methods. We use metrics like BERTScore and METEOR to evaluate the precision and recall of the system. We also provide many qualitative results that show the quality of the generated answers, and how relevant they are to the asked questions.

• 무역학회지
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• 제43권4호
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• pp.27-50
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• 2018

본 연구는 '국제물품매매계약에 관한 UN 협약'(CISG)이 적용된 우리나라 법원의 제반 판결례 중에서 계약의 성립과 이행에 관한 판결례를 중심으로 본건 판결의 법리적 타당성 여부와 판결이 유상의 흠결 내지 보충적 사안 등을 연구대상에 둔 논문으로서, 이로부터 국제물품매매계약에 임하고 있거나 임하고자 하는 계약당사자로 하여금 논제의 범위 내에서 CISG의 올바른 이해를 제고함에 있어 유의할 수 있는 일련의 법적 단초를 제공하기 위함에 목적을 둔 논문이다. 주요 골자는 본고에서 특정한 판결례를 중심으로 사실관계와 당사자의 주장을 개략하고, 이에 법원의 판결주문으로서 적용법의 결정기준, 계약의 성립에 관한 CISG 조문인용과 해석, 중대한 계약위반과 계약해제의 적절성, 동시이행의 항변권 및 그 밖에 본 판결례로부터 유의할 수 있는 보충적 사안 등에 주안점을 두었다.