• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.69
• /
• pp.407-426
• /
• 2016

The Marine Insurance Act 1906 (MIA 1906) has been a successful piece of legislation, having rarely been amended and having established, or served as an influence in the development of, the basis of marine insurance legislation in several countries. However, it has been recognised that some parts of the MIA 1906 have begun to show their antiquated nature, especially where established principles which were once thought to reflect undoubted propositions of law are now being openly criticised. Since 2006, the Law Commission and Scottish Law Commission (the 'Law Commissions') have been engaged in a major review of insurance contract law, finally leading to the Insurance Act 2015. The Insurance Act 2015 received Royal Assent on 12 February 2015, and was based primarily on the joint recommendations of the Law Commissions. The 2015 Act made substantial changes to several main areas of marine insurance law & practice: (i) the replacement of the pre-contractual duty of disclosure with a duty to make a "fair presentation of the risk"; (ii) the abolition of the "insurance warranty" under the Marine Insurance Act 1906, s.33, and provision of a new default remedy of suspension of liability until the breach is cured; (iii) partial codification of the fraudulent claims rule in insurance contract law, etc. The Act did not provide for any new statutory duty for insurers to investigate or pay claims in a timely fashion, although this may be revisited in the next Parliament. Moreover, the Law Commissions have reopened their consideration of the doctrine of insurable interest. The 2015Actmay not then signal the end of the legislative programme in this area.

• Korean Journal of Construction Engineering and Management
• /
• v.7 no.1 s.29
• /
• pp.110-118
• /
• 2006

Current design-build contract is the type of joint venture, but performs by separate party which causes change orders due to the lack of communication between design and construction, so it cannot lead the main object which is the integration of design and construction. Furthermore, the current design-build contract is impossible to reduce the project costs by VE at the design development phase because the design proceeds with the fixed price through bidding. Like these limitless, the analysis results of the case of VE in the design-build projects, several problems that are prevented from active design VE are elicited by the project participants. Meanwhile, Ministry of Construction & Transportation decided to enlarge the VE review system lately. Therefore, in this study, it presented model of design VE partnering of design-build and partnering agreements form to apply design VE and to try to be able to lead the design VE to be more successful in public design-build projects.

• The Journal of the Korea Contents Association
• /
• v.13 no.1
• /
• pp.175-185
• /
• 2013

The judgement which is subject of research has denied legal rescission of division of the inherited property by agreement based on (1) the fact that the division of inherited property terminated at the time of concluding mutual agreement in its nature while only the relationship of claim and obligation between the inheritor who has paid for such obligation and the inheritor who has acquired such obligation in the mutual agreement remains (2) and the fact that the legal stability is considerably hindered as the re-partition of inherited property having retroactive effect becomes unavoidable in case of approving the legal rescission of the division of the inherited property by agreement. But it is reasonable to also approve legal rescission on the division of the inherited property by agreement in case the division by agreement actually has the nature such as conditional donation between joint heirs (1) from the fact that the division of the inherited property by agreement gets the nature of disposal equivalent to exchange, transfer and abandonment of share between joint heirs in actuality, (2) and the fact that there are no other theories in approving the validity of mutually agreed rescission despite the fact that the re-partition of inherited property having retroactive effect is unavoidable even in case of the mutually agreed rescission of the division by agreement among all joint heirs. However, as the division of the inherited property by agreement is a contract that gets concluded only if all joint heirs participate, even the legal rescission for the reason of not fulfilling the obligations paid by one party of the heirs during the division by agreement must be considered as possible only by expression of intentions from all other joint heirs excluding this one party.

• Korean Journal of Poultry Science
• /
• v.20 no.2
• /
• pp.107-114
• /
• 1993

The structure change in the broiler industry of Korea has been taking place very rapidly toward the direction of integrated production and marketing system. During the course of the evolution into the integrated structure, however, a number of small business entities, uncountable nationally but a minimum of a dozen, that previously engaged in the supply of production factors or live bird transaction also tended to get involved in the new system as a disguised or pseudo-integrator, having brought a lot of problems not only to the farmers but also to the development of integrated structure. The pseudo-integrator is generally characterized by limited functions in such a way of supplying chicks and feeds to and collecting grown birds from farmers under the contract at a fixed farmer's payment in practically the same pattern as a partial or quasi-integration, which intends to act as if an integrator in a stratagem to simply enjoy a margin simply from selling supplies and buying products for a certain period of time. The grower making a contract with appears to be a farmer who used to be an Independent and speculating but not able to join in the normal system of evolving integration. The problems of a pseudo-integrator center on the financial loss to a contract farmer, because the falsified integrator has to become easily bankrupt and run away when the price of live broiler continually stays below the cost of production, even though he is able to make a tremendous profit otherwise which is the real purpose of the operation for. It is true that the volatile market, fluctuating the price up more than doubled in a month and down to a half in a few weeks, makes the pseudo-integrator find the room for such a fraudulence. In addition, its activity also adversely affect the evolution of the integration due to rather negative image on structure change in general. It is recommended that the farmers need to better understand the real picture of the integrated system so as not to be swindled by a disguised, small scale agribusiness agent. By the same token, it is also equally required to have the whole industry integrated completely as early as possible. The Joint effort to get rid of pseudo-integrators' problems shall be put for the industry development moving toward the integration. No doubt a pseudo-integrator must be a temporary player for chance emerging during the course of structure change into the integrated, though.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.55
• /
• pp.265-290
• /
• 2012

CEPA (Comprehensive Economic Partnership Agreement) between India and Korea may vitalize Korean economy more and more. Currently most of Korean firms have entered into manufacturing industries like electronics and automobiles. But only a few Korean companies are trying to penetrate into Indian green industry so this paper suggest how to enter into Indian green industry, especially renewable energy sectors. First, Exporting main shaft, tower-flange and polysilicon products can be considered, as a first step of entry mode. Second, entry mode based on contract like technology licensing, strategic alliance and joint venture establishment can be also one of options. For example, Korean solar energy industry which show more competitiveness than that of Indians should try to make technological licensing on PV modules. In addition to this, they should also try to make joint ventures with right Indian partners and build up 'Solar City' nearby regions like Gurgaon in India where many Korean firms are located. Korean shipbuilding firms like Hyundai Engineering which keep on developing wind turbo engines can also try to make strategic alliance with Indian firms like Suzlon which has strong competitiveness. After that, they should explore Korean and Indian wind sector markets together. Third, brownfield investment can be last and final option as a entry mode as we consider the peculiar characteristics of renewable energy industry. Lastly, Korean government which are rush to indulge into green business should formulate more proper and realistic policies to give big incentives the concerned firms which are trying to open international green market so government should make Korean green firms not to lose good market opportunities related to green industry like renewable energy sectors. Renewable energy sectors are basically regarded as infrastructures so close contact to Indian central government as well as state government will be also required.

• Journal of the Korean Professional Engineers Association
• /
• v.15 no.4
• /
• pp.12-24
• /
• 1982

East Parts of Bangladesh have been benifited by low cost energy generated by domestic natural gas but West parts where energy generated by imported fuel. Bangladesh Government authority has very much concerned to transmit the low cost electricity to the West from the East for past several years. To solve such concerns, cross-country 230kv double circuits Power transmission line was proposed, however there was a big obstacle for the realization of this line to cross the Jamuna river which has 12 km long width with a deep muddy river bed. A consultant engineering firm named Merz-Mclellan anyway finalized this plan and a world-wide bid was announced on June 31, 1979. Due to the expected difficulty to construct the towers on sea like area, only three construction groups have participated. including a Korean joint venture organization of Samsung-Korean Developement corporation-Kolon Electric Machinery company. After 3 months bid evaluation, contract was awarded to Korean Consosium and KEM Co was in charge of designing steel towers with anchor bolts and base plates beside to electrical engineering field. Then KEM Co have faced and over-comed many unenpected technical difficulties such as forced eccentricity joint on base plate, distorsion issue of 60mm thick plates welding, threading anchor bolts, tad heat treatment of some anchor bolts, disagreement from Consultant Engineer on multiplying factor of leg stresses for 45$^{\circ}$ wind and on reducing O.L.F for wind loads on cables for such 1220km long spans. After spending two years long period for designing and engineering towers, base plates, and anchor bolts, first shipment of tower was finally realized on Nov. 8, 1981 and on the other hand KDD has proceeded concrete caisson work on schedule at Jamuna river site and expected to complete tower erection and stringing of cables within this year of 1982 which was original completion target.

• Journal of muscle and joint health
• /
• v.8 no.1
• /
• pp.109-121
• /
• 2001

The purpose of this study was to find out the long-term effects of the self-help program through the follow-up with peer group meetings of arthritis patients. In order to fulfil the purposes, the follow-up program with peer group meetings was developed by researchers with consisting of monthly health contract, group discussion, group counseling, recreation, and exercise. This program was carried out 2-3 hours once in a month for 5 months (1999-2000) and evaluated in a nonequivalent control group pretest-posttest quasi-experimental design. The subjects were 34 patients of experimental group and 24 of control group. The measurement tools of this study are pain rating scale(Lee & Song), KHAQ(Bae), rating scale of fatigue, and goniometer. The results of this study revealed no significant differences on number of pain site, fatigue, physical functioning, flexibility of the shoulder joints, and level of the extension of the knee joints between experimental group and control group. Whileas pain reaction of the control group was significantly high. However, the peers expressed very much their satisfaction and appreciations with the follow-up program with Peer group meetings. Actually, they wanted to have this peer group meeting continuously. This results suggested that the follow-up program with peer group meeting could be recommended as good nursing intervention to help the arthritis patients after having the Self Help Program in the community setting.

• Korean Journal of Acupuncture
• /
• v.29 no.3
• /
• pp.385-395
• /
• 2012

Objectives : Meridian sinew theory was introduced in Miraculous Pivot, Huangdi's Internal Classic, to explain in relation with locations of meridian sinews, causes, mechanisms, and treatment of diseases. The meridian sinews are understood to include muscles, tendons and ligaments, or muscles in the superficial body made up with muscles, ligaments, tendons, fascia etc. This theory shows the similarity or organic relationship between the meridian sinews and muscles. From the Hippocrates(460-385 BC) ages, traction therapy was used as a treatment method on muscular diseases such as low back pain, scoliosis, etc in western medicine. The effects of traction therapy, however, were unclear so that this study was purposed to illustrate the effectiveness of continuous traction therapy and to develop meridian sinews treatment. Methods : We made 2 hypotheses to explain the cause of scoliosis occurrence, muscles contraction and relaxation. As the hypothesis, we made the spinal model having 3 joints with wood and rubber bands. Each of the three joints in the spinal model represents the case of normal(NT; control), contraction(AT 1)and relaxation(AT 2) condition, and distance between the vertebrae joints was measured. Results : Under normal circumstance models, the normal type 1(NT 1; muscle relax state) and normal type 2(NT 2; muscle contract state) all joints were being towed equally. But in an unusual contracted situation, regardless of the relationship of joint area, contracted part of joint was not released. And in a relaxed situation, regardless of joint areas, released parts of joint were further released. These observation results mean that the effects of traction might be different from the purpose of traction therapy of Hippocrates. Conclusions : To explain the effect of traction therapy for scoliosis, the spinal cord model and scoliosis model were made. After vertebral bodies were pulled with different tensile forces, we compared the observed length of the each joints pulled. The results suggested that there were no effects of traction in objected parts with traction method from Hippocrates' design, continuous traction method. Moreover, it may worsen the symptom in worst case. Of course, our results are just the result of experimental models and clinical results may be different. More careful studies, therefore, are required.

• Journal of the Korean Institute of Intelligent Systems
• /
• v.26 no.2
• /
• pp.147-152
• /
• 2016

Shape Memory Alloys (SMAs) undergo changes in shape and hardness when heated or cooled, and do so with great force. Since wire-type SMAs contract in length when heated and pull with a surprisingly large force and move silently, they can be used as actuactors which replace motors. These SMA actuators can be heated directly with electricity and can be used to create a wide range of motions. This paper presents the mechanical design and control for a three fingered, six degree-of-freedom robotic hand actuated by SMA actuators. Each finger has two joints and each joint is actuated with two tendons in the antagonistic manner. In order to create the sufficient force to make the smooth motion, the tendon is composed of two SMA actuators in parallel. For controlling the current to heat the SMA actuators, PWM drivers are used. In experiments, the antagonistic interaction of fingers are evaluated.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.14
• /
• pp.177-218
• /
• 2000

Global Electronic Trading means that trading partners trade each other via Global Electronic Trading Network, that is, global business to business electronic commerce. Recently, where the cargo arrives ahead of the B/L, the importer cannot take delivery of the cargo without the B/L. This situation is referred to as the B/L dilemma. But the BOLERO system will resolve this B/L dilemma. Bolero Project is developing a cross industry utility platform for the secure, electronic transfer of commercial trade information world wide. After the successful testing of an original pilot project, The Bolero Association was formed in 1995 by a group of interested cross industry companies. As a joint venture between SWIFT and TT Club, bolero.net is changing the way the world trades by providing a web-based, paperless mode of commerce that is designed to become a global standard. Bolero International Limited published the first edition of Bolero Rulebook in 1999. The Bolero Rulebook as amended from time to time, governing the relationship between Users and their rights and obligations arising from the Bolero system. The Bolero service will be governed by a multilateral contract called the Bolero Rule Book which specifies the rights and responsibilities of Bolero and its users. The Title Registry and Bolero Bill of Lading provide a fully functional equivalent to the paper bill of lading. The Bolero Bill of Lading can be created, transferred, amended, and surrendered by way of designating to order party, blank endorsement, refusal by the transferee etc. Thus, this study deals with the functions of Bolero Bill of Lading and the problems and solutions in the Bolero Bill of Lading in point of definitions and operation under the Bolero Rulebook.