• Title/Summary/Keyword: Korean Commercial Act

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Legal Issues on the Franchise Disputes and their Settlement by Arbitration (가맹계약분쟁과 중재에 관한 법적 문제)

  • Choi, Young-Hong
    • Journal of Arbitration Studies
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    • v.17 no.1
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    • pp.57-75
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    • 2007
  • Ever since franchising emerged in the industry of distribution, it has been growing explosively in the U.S.A. and all other countries as well. It is a method of expanding a business by licensing independent businessman to sell the franchiser's products and/or services or to follow a format and trade style created by the franchiser using the franchiser's trade marks and trade names. Franchising is a form of business that touches upon many different areas of law including, but not limited to, general contract law, general principles of commercial law, law of intellectual property, competition law, fair trade practices law and other industry specific laws e.g., the Fair Practices in Franchising Act in Korea. Arbitration is a long established, legally recognized procedure for submitting disputes to an outside person(s), mutually selected by the parties, for a final and binding decision. Despite its merits as an alternative dispute resolution, it has been criticized, on the other hand, particularly by franchisees' attorneys on the ground that even though it is required to protect the franchisees against the enforcement of pre-dispute arbitration agreements because of the franchisees' paucity of bargaining power vis-a-vis the franchiser, arbitration cannot afford it. Until recently, however, little has been written about the legal issues pertaining to franchise agreement and arbitration clause contained therein in Korea. This treatise reviews the cases and arguments in relation to the subject especially of the U.S.A., which have been accumulated for decades. The issues addressed herein are the pre-emption by the FAA, the disputes to be arbitrated, the selection and qualification of arbitrators, the place of arbitration hearings and the evidentiary rules applicable, the expenses of arbitration, theory of fiduciary duty and the like, all of which are relevant to franchise agreement.

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Effects of heat treatment temperature on the formation of MgB2 bulk superconductors prepared using MgB4 and Mg powder

  • Kim, S.H.;Kang, W.N.;Lee, Y.J.;Jun, B.H.;Kim, C.J.
    • Progress in Superconductivity and Cryogenics
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    • v.19 no.1
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    • pp.42-46
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    • 2017
  • The effects of the heat treatment temperature ($600^{\circ}C-1050^{\circ}C$) on the formation of $MgB_2$ and the superconducting properties have been examined. The self-synthesized $MgB_4$ and commercial Mg powders were used as raw materials for the formation of $MgB_2$. The superconducting critical temperatures ($T_cs$) of $MgB_2$ bulk superconductors prepared at $600^{\circ}C-850^{\circ}C$ were as high as 37-38 K regardless of the heat treatment temperature. However, because $MgB_4$ is more stable than $MgB_2$ at above $850^{\circ}C$, no superconducting signals were detected in the susceptibility-temperature curves of the samples prepared above $850^{\circ}C$. As for the critical current density ($J_c$), the sample heat-treated at a low temperature ($600^{\circ}C$) for a prolonged period (40 h) showed a Jc higher than those prepared at $650^{\circ}C-850^{\circ}C$ for a short period (1 h). The FWHM (full width at half maximum) result showed that the grain size of $MgB_2$ of the $600^{\circ}C$ sample was smaller than that of the other samples. The high $J_c$ of the $600^{\circ}C$sample is attributed to the presence of large numbers of grain boundaries, which can act as flux pinning centers of $MgB_2$.

A Study on the Influence of Avatar on the Immersion of Elementary Class Homepage and the Students Cyber-Self (아바타가 학급 홈페이지 몰입 및 초등학생의 사이버 자아에 미치는 영향에 관한 연구)

  • Kim, Seong-Won;Jeong, In-Kee
    • Journal of The Korean Association of Information Education
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    • v.9 no.3
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    • pp.473-482
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    • 2005
  • We think that the class homepage can be solution for the problems in the cyber space or on-line community because students can practice activities in the on-line community, communicate with teachers or colleague, exchange opinions with parents and use it for learning. However, students would lose interest easily in the existing class homepage for lack of its immersion elements as compared with the commercial on-line communities. The class homepage needs to have immersion elements to reach its purpose. It is one of the solutions to use the avatars. Therefore, we studied on the influence of the avatars as the immersion of the elementary class homepage and the students cyber-self. As a result, we knew that the avatars can act enough as immersion element to achieve construction purpose of the class homepage and that use avatar helps in affirmative cyber self formation of elementary students.

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Endocrine Disrupting Activities of Parabens: An Overview of Current Databases on Their Estrogenicity

  • Dang, Vu Hoang;Jeung, Eui-Bae
    • Journal of Embryo Transfer
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    • v.23 no.4
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    • pp.229-237
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    • 2008
  • Recently, parabens have been believed to act as xenoestrogens, an identified class of endocrine disruptors (EDs). These environmental compounds are the most well-known as preservatives in many commercial products, including food, cosmetics and pharmaceutical industries. It has been demonstrated that the human health risks of parabens result from a long-term exposure to skin in which this chemical group is rapidly absorbed through the skin. On the other hand, parabens are also completely absorbed from gastrointestinal tract. It has reported that these substances possess several biological effects in which inhibitory property involved in membrane transports and mitochondrial functions is considered to be important for their action. Testing of parabens has revealed that estrogen-like activities of these chemicals are much less potent than natural estrogen, $17{\beta}$ estradiol (E2). Additionally, the estrogenicity of individual paraben- compounds is distinct depending upon their biochemical structure. Recent findings of paraben-estrogenic activities have shown that these compounds may affect breast cancer incidence in women, suggesting adverse ecological outcomes of this environmental group on human and animal health. Although the biological and toxicological effects of parabens have been demonstrated in many previous studies, possible mechanism(s) of their action are required to be explored in order to bring the better understanding in the detrimental impacts of parabens in human and wildlife. There have several different types of parabens which are the most widely used as preservatives. These include methyl-paraben, ethylparaben, propylparaben, butylparaben and p-hydroxybenzoic acid, a major metabolite of parabens. In this review, we summarize current database based on in vitro and in vivo assays for estrogenic activities and health risk assessment of paraben- EDs which have been published previously.

Legal Bases for the Termination of a Contract under Common European Contract Law (유럽공통매매법(CESL)상 계약의 종료단계에서의 법적 기준 - CISG와의 비교를 중심으로 -)

  • SHIM, Chong-Seok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.67
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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.

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Lubrication Analysis of Infinite Width Slider Bearing with a Micro-Groove: Part 2 - Effect of Groove Depth (미세 그루브가 있는 무한폭 Slider 베어링의 윤활해석: 제2보 - 그루브 깊이의 영향)

  • Park, TaeJo;Jang, InGyu
    • Tribology and Lubricants
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    • v.35 no.6
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    • pp.382-388
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    • 2019
  • It is currently well known that surface textures act as lubricant reservoirs, entrap wear debris, and hydrodynamic bearings, which can lead to certain increases in load-carrying capacities. Until recently, the vast majority of research has focused on parallel sliding machine components such as thrust bearings, mechanical face seals, piston rings, etc. However, most sliding bearings have a convergent film shape in the sliding direction and their hydrodynamic pressure is mainly generated by the wedge action. Following the first part of the present study that investigates the effect of groove position on the lubrication performances of inclined slider bearings, this paper focuses on the effects of groove depths and film thicknesses. Using a commercial computational fluid dynamics (CFD) code, FLUENT, the continuity and Navier-Stokes equations are numerically analyzed. The results show that the film thickness and groove depth have a significant influence on the pressure distribution. The maximum pressure occurs at the groove depth where the vortex is found and, as the depth increases, the pressure decreases. There is also a groove depth to maximize the supporting load with the film thickness. The friction force acting on the slider decreases with deeper grooves. Therefore, properly designed groove depths, depending on the operating conditions, can improve the load-carrying capacity of inclined slider bearings as compared to the bearings without a groove.

Flocculation Effect of Alkaline Electrolyzed Water (AEW) on Harvesting of Marine Microalga Tetraselmis sp.

  • Lee, Su-Jin;Choi, Woo-Seok;Park, Gun-Hoo;Kim, Tae-Ho;Oh, Chulhong;Heo, Soo-Jin;Kang, Do-Hyung
    • Journal of Microbiology and Biotechnology
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    • v.28 no.3
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    • pp.432-438
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    • 2018
  • Microalgae hold promise as a renewable energy source for the production of biofuel, as they can convert light energy into chemical energy through photosynthesis. However, cost-efficient harvest of microalgae remains a major challenge to commercial-scale algal biofuel production. We first investigated the potential of electrolytic water as a flocculant for harvesting Tetraselmis sp. Alkaline electrolyzed water (AEW) is produced at the cathode through water electrolysis. It contains mineral ions such as $Na^+$, $K^+$, $Ca^{2+}$, and $Mg^{2+}$ that can act as flocculants. The flocculation activity with AEW was evaluated via culture density, AEW concentration, medium pH, settling time, and ionic strength analyses. The flocculation efficiency was 88.7% at 20% AEW (pH 8, 10 min) with a biomass concentration of 2 g/l. The initial biomass concentration and medium pH had significant influences on the flocculation activity of AEW. A viability test of flocculated microalgal cells was conducted using Evans blue stain, and the cells appeared intact. Furthermore, the growth rate of Tetraselmis sp. in recycled flocculation medium was similar to the growth rate in fresh F/2 medium. Our results suggested that AEW flocculation could be a very useful and affordable methodology for fresh biomass harvesting with environmentally friendly easy operation in part of the algal biofuel production process.

A Study on the Legality of Arb-Med in China (중국 중재조정의 적법성에 관한 연구)

  • LI, Jing-Hua;SEO, Kyeong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.523-541
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    • 2016
  • According to Chinese Arbitration Law, combination of mediation with arbitration means that in the process of arbitration, arbitrator may conduct mediation proceedings for the case they are handling, provided both parties agree to do so. If mediation succeeds and the parties reach a settlement agreement, the arbitrators may render a consent award or a written mediation statement in accordance with the contents of the settlement agreement. If mediation fails, the arbitration proceedings will be resumed until the case is concluded by making of an arbitral award. There is no formal name of this system in China, it is called "combination of mediation with arbitration", "mediation in arbitration process" or "arbitration-mediation", the author of this thesis select "arbitration-mediation" and make it simply as "Arb-Med". This thesis concentrates on three issues that arbitrators and the parties have to clarify and pay attention to once they choose to use Arb-Med. The first part is about the 'waivable problems', include waive the right to challenge a arbitrator who act as a mediator at the same time with parties' approval, as well as the question about the waiver of the arbitrator's duty to disclose confidential information obtained during mediation. The second part is 'public policy in Arb-Med', introduces the concept of public policy, the bias may arise the complaint about public policy, and the due procedure problem. And the last part is about the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, especially about the award including some contents which has relation to third party's interests.

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Production of Fe-Si-Cr Ferro Alloy by Using Mixed Silicothermic and Carbothermic Reduction (실리콘 및 탄소 복합 열환원 반응을 이용한 페로실리크롬 합금철의 제조)

  • Kim, Jong Ho;Jung, Eun Jin;Lee, Go-Gi;Jung, Woo-Gwang;Yu, Seon Jun;Chang, Young Chul
    • Korean Journal of Materials Research
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    • v.27 no.5
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    • pp.263-269
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    • 2017
  • Fe-Si-Cr ferroalloy is predominantly produced by carbothermic reduction. In this study, silicothermic and carbothermic mixed reduction of chromite ore to produce Fe-Si-Cr alloy is suggested. As reductants, silicon and silicon carbide are evaluated by thermochemical calculations, which prove that silicon carbide can be applied as a raw material. Considering the critical temperature of the change from the carbide to the metallic form of chromium, thereduction experiments were carried out. In these high temperature reactions, silicon and silicon carbide act as effective reductants to produce Fe-Si-Cr ferroalloy. However, at temperatures lower than the critical temperature, silicon carbide shows a slow reaction rate for reducing chromite ore. For the proper implementation of a commercial process that uses silicon carbide reductants, the operation temperature should be kept above the critical temperature. Using equilibrium calculations for chromite ore reduction with silicon and silicon carbide, the compositions of reacted metal and slag were successfully predicted. Therefore, the mass balance of the silicothermic and carbothermic mixed reduction of chromite ore can be proposed based on the calculations and the experimental results.

A Study of the recognitive element in the interior design of the private railroad station buildings. (철도민자역사 실내 환경디자인의 인지적 구성요소에 대한 접근 연구)

  • Kim Sang-Joong;Choi Kil-Dong;Kim Seong-Nam
    • Proceedings of the KSR Conference
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    • 2004.10a
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    • pp.1718-1724
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    • 2004
  • A station is not only the public space where socially diverse classes get together and cultural interchanges occur but also the personal and emotional space where the meeting and parting occur for each individual. Thus, it is necessity to consider this dual point from the beginning of the plan to make the simple, comfortable, intuitive and friendly environment for the users in the station. Also, it should be capable of active life style of moderner according to the change of the city environment. Furthermore, as a station is not just a single-purpose space anymore but the versatile space where fulfills the user's needs for the multi-function and the desire for diversity. As the station in these days opened 24 hours for users with the modern, commercial and cultural facilities, the interior design for a station needs to be designed to be easy to use, functional and able to vitalize the environment. In order to make a desirable interior environment in a station, first of all, it is required to grasp the characteristic of the space by analyzing the phenomena of an individual or a group act in a existing space formed by the interrelation between the human and the environment. To reduce the resistance against the new environment from the user, in other words, to increase the satisfaction, it is necessity to induce the behavior of the users to the desirable way toward to the new environment. Consequently, positive methodology with recognitive approach through cognitive psychology, spatial behavior research is required.

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