• Fashion & Textile Research Journal
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• v.24 no.5
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• pp.530-544
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• 2022

Based on a follow-up study on critical fashion's strategies for object appropriation, this study aims to understand the appropriation of art as a social or cultural phenomenon influencing modern fashion, as well as to analyze and comprehend how to specifically approach the appropriation of critical fashion's letters through the appropriated interpretation. To explain the theoretical background of critical fashion's appropriated interpretation, it examined the related literature and data. Moreover, a fashion book-based literature review and a case study were conducted using sources, such as exhibition books, exhibited works, news, fashion magazines, and fashion sites, to examine letter appropriation strategies. In the critical fashion, the appropriation of subversive letters subverts meanings by providing experiences different from those based on real images of letters, which are displaceable. The appropriation of such subversive letters to challenge the value of modernism aims to subvert social value by bringing and relocating existing objects while focusing on their external forms. The appropriation of referential letters focuses on delineating the distance between the subjects who quote something and the quoted something and reprograms the existing letter objects with an introspective and reflective attitude. In other words, critical fashion designers can effectively express their messages through the appropriation of letters, such as graffiti and typography, which are manifestations of challenge or resistance. Appropriating letters as a creative action pursues unmarginalized humans who possess their existence.

• Lingua Humanitatis
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• v.8
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• pp.11-38
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• 2006

Laotzu's view of language is well expressed at the beginning stanza of "道可道 非常道" of Tao De Ching, the interpretation of which is pivotal for the proper interpretation of the entire text. Two lines of interpretation of this stanza have been proposed; The first view regards the letter "道" in "非常道" as representing that which is signified by a sign. The other takes the posture that the letter "道" is itself the signifier of the sign. I argue in this article that the second posture should be taken to interpret Tao De Ching properly, contrary to the traditional interpretation of this stanza, by pointing out the verses which inevitably contradict each other when interpreted according to the first view. The second view leads to the conclusion that everyday language is not sufficient enough to describe the supernatural beings, including Tao, accurately, and seeks a way to augment ordinary language for appropriate description of such supernatural beings. The strategy Laotzu adopts in Tao De Ching is to expand the expressive power of ordinary language by extensive use of metaphors. This paper discerns 4 conceptual metaphors in the sense of Johnson and Lakoff(1980) which underlie the metaphors used in Tao De Ching: (1) Tao is Void; (2) Tao is Mother; (3) Tao is Valley; and (4) Tao is Untrimmed Log.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.187-210
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• 2011

International transactions have the threat of non-payment by the buyer or non-performance by the seller. Parties tend to search for additional means of securing performance and payment beyond the mere agreement in the contract. Such security may be achieved by means of a letter of credit. When contracting parties have agreed to pay by means of a letter of credit, the buyer's bank takes upon itself the obligation to pay the purchase price when the seller tenders the documents that are stipulated in the letter of credit. The documents must comply strictly with the terms of the credit.. The documents play a crucial role in letter of credit transaction. The principles of abstraction, separability and strict compliance governing the letter of credit transaction are considered. The concept of fundamental breach of Article 25 CISG was discussed. This article examines whether a failure to deliver documents conforming to the terms of the letter of credit can constitute a fundamental breach of the sales contract as defined by Article 25 of the CISG by the seller and thereby enable the buyer to avoid the contract. For letter of credit transactions it should be accepted that the delivery of non-performing documents constitutes a fundamental breach, if the result of this breach is that the bank refuses to pay the price for the goods. On the other hand, in the interpretation of Article 25 CISG, it should be noted that if the parties have agreed to payment by means of a letter of credit, they have simultaneously agreed to apply the strict compliance principle to the delivery of documents in the sales contract. Finally the parties should ensure that inconsistency between the requirements under the documentary credit and the requirements under the contract of sale is avoided, since the buyer may be in breach of his payment obligation if the seller cannot get paid under the documentary credit when his documents conform with the contract of sale.

• Information Systems Review
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• v.6 no.2
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• pp.181-193
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• 2004

Identifying the skill sets that are needed for SA is very important to business schools as well as business organizations. The tremendous speed of technological advances like the Internet always require academic researchers to periodically review the skills for obsolescence as well as identify new skills needed. In this paper,we attempt to compare the skills that are required for SAs in our textbook with those skills that are mentioned in a letter of an entry level SA who has just graduated and been working for a large corporation.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.429-460
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• 1999

The letter of credit is quintessentially international. In the absence of international legal system, a private system based on banking practices has evolved, commanding the adherence of the international letter of credit community and providing the foundation of th reputation of this instrument. To maintain this international system, it is vital that international standard banking practice should not be subject to local interpretations that misconstrue or distort it. The UCP is a formulation of international standard banking practice. It is neither positive law nor a "contract term" in any traditional sense and its interpretation must be consonant with its character as a living repositary of international understanding in this field. As a result, the interpretation and application of specific articles of the UCP must be consistent with its evolving character and history and with the principles upon which sound letter of credit practice is predicated. This study, especially, focuses on article 13 and article 14 of the UCP500. Article 13(b) of UCP500 stipulates that banks will have a reasonable time, not to exceed seven days, to examine documents to determine whether they comply facially with the terms of the credit. The seven-day provision is not designed as a safe harbor, because the rule requires the issuer to act within a reasonable time. But, by virtue of the deletion of the preclusion rule in the document examination article in UCP500, however, seven days may evolve as something of a safe harbor, especially for banks that engage in strategic behavior. True, under UCP500 banks are supposed to examine documents within a reasonable time, but there are no consequences in UCP500 for a bank's violation of that duty. It is only in the next provision. Courts might read the preclusion more broadly than the literal reading mentioned here or might fashion a common-law preclusion rule that does not require a showing of detriment. Absent that kind of development, the change in the preclusion rule could have adverse effects on the beneficiary. The penalty, strict estoppel or strict preclusion, under UCP500 and 95UCC differs from the classic estoppel. The classic estoppel rule requires a beneficiary to show three elements. 1. conduct on the part of the issuer that leads the beneficiary to believe that nonconforming documents do conform; 2. reasonable reliance by the beneficiary; and 3. detriment from that reliance. But stict preclusion rule needs not detrimental reliance. This strict estoppel rule is quite strict, and some see it as a fitting pro-beneficiary rule to counterbalance the usually pro-issuer rule of strict compliance.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.16
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• pp.35-58
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• 2001

The letter of credit is quintessentially international. In the absence of international legal system, a private system based on banking practices has evolved, commanding the adherence of the international letter of credit community and providing the foundation of th reputation of this instrument. To maintain this international system, it is vital that international standard banking practice should not be subject to local interpretations that misconstrue or distort it. The UCP is a formulation of international standard banking practice. It is neither positive law nor a "contract term" in any traditional sense and its interpretation must be consonant with its character as a living repositary of international understanding in this field. As a result, the interpretation and application of specific articles of the UCP must be consistent with its evolving character and history and with the principles upon which sound letter of credit practice is predicated. This study, especially, focuses on article 13 of the UCP500 and 95UCC 5-108. Both articles introduce a standard of document examination to be used by banks to determine whether they comply facially with the terms of the credit. While, in the UCP, this standard is called international standard banking practices, in the UCC, this standard is called standard practices. I think that both standards are not same. Thus, first, this study look for categories of both standards and scope of application. the second subject is how can issuing bank act in the face of non-documentary condtion under this standard of document examination. Third is correlation between the principle of Strice Compliance and the standard.

• The Journal of Korean Philosophical History
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• no.59
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• pp.89-120
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• 2018

This paper is a study of the beginning pattern of simseul argument in the 19th century, based on the letter written by Hanju(1818~1886) and Mangu(1837~ 1902). In the text, I analyzed the theoretical differences between Mangu and Hanju that inherited from the study of Jungjae, is to expand the scope of the dispute between the Hanju and Mangu which to provide the beginning pattern of simseul argument. By revealing the theoretical difference between Hanju and Mangu, in the opposite direction, the content of the simseul argument between the Hanju and Jungjae's developed could be clearer. In the Hanjujip, there are nine letters to Mangu, there are also three letters to the Mangujip. These letters show a certain difference in the learning of the two people. So the text focuses on the content of these letters and reveals their theoretical differences, eventually it is confirmed that their theoretical differences lead to the beginning pattern of simseul argument. In particular, interpretation of LiKi leads to interpretation of Sim. Sim interpretation centers on the interpretation of the Zhuxi's 'Ki of Jungsang' meaning, while Hanju emphasizes to see as Lee, Mangu emphasizes that as the sum of Liki. 'Ki of Jungsang' is an interpretation of Zhuxi' Sim, and in the end, interpretation of 'Ki of Jungsang' means interpretation of Sim. Thus, while Hanju tried to see of Li, Mangu wanted to see at the sum of LiKi. This is simseul argument between Hanju and Man-gu, which was unfolded in the extension of the 19th century's simseul argument of erection. Through their argument, they are going to use it as an opportunity to review details of how the debate started in the Toegye school.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.515-536
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• 2000

This study analyzes the U.S. case law which challenges the legal conclusions of the district court with respect to the applicability, and effect, of the doctrine of waiver and estoppel in addition to the doctrine of documentary cure. The impliations are as follows. First, the documentary cure requirement can not be interpreted to mean early enough to allow the beneficiary to cure and represent the documents before the presentment deadline or expiry date of letter of credit. The mere fact that the presentment period expired before the completion of bank's review and notification process does not compel any conclusion about whether the examiner spent a reasonable amount of time examining the documents. Indeed, the reasonable time requirement does not imply that banks examine a presentation out of order or hurry a decision based upon particular needs or desires of a beneficiary. Secondly, even if the doctrine of waiver can apply to letter of credit governed by the strict compliance standard, a one-time acceptance of discrepant documents by a bank does not waive the bank's right to insist upon conforming documents in all subsequent letter of credit transactions between the bank and beneficiary. Revised UCC Article 5 is highly persuasive on this point: waiver of discrepancies by issuer or an applicant in one or more presentation does not waive similar discrepancies in a future presentation. Neither the issuer nor the beneficiary can reasonably rely upon honor over past waivers as a basis for concluding that a future defective presentation will justify honor.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.111-137
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• 2011

UCP 600 Article 14(b), providing rules for the period of the examination of documents, is a radical reorganization of UCP Article 13(b). The provision changes the period of time to a maximum of five banking days instead of reasonable time. One of the critical problems giving rise to the difficulty in interpretation and application is the question of fact that there may be two possible conflicting options in determining the time of checking documents presented. The one doctrine is fixed time(safe harbor) standard, and the other is hidden reasonableness standard. This study analyzes which option should be adopted for the optimal application standard by welfare effect methodology using consumer surplus approach and suggests that safe harbor standard should be optimal solution to the determination of period of examination of documents presented in letter of credit regime.

• Korea Trade Review
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• v.48 no.3
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• pp.23-41
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• 2023

The seller and the buyer write down the agreed details in the trade contract as trade contract clauses. In the case where a letter of credit is agreed to be the payment condition, the buyer shall open a letter of credit to the seller with the shipping date specified in the trade contract through its bank. In this case, the legal relationship between the performance date of the trade contract and the shipment date of the letter of credit, the change of the performance date of the trade contract due to the change of the trade contract and the change of the shipment date specified in the letter of credit, the seller's letter of credit A problem arises in the legal interpretation of the approval period and the change request period. Therefore, this paper analyzed the precedents of the Seongnam Branch of the Suwon District Court and the Seoul High Court related to these legal issues. The performance date of a trade contract is the seller's delivery date and the buyer's payment date. In the letter of credit transaction, the date of performance of the trade contract is regarded as the date of shipment and the date of negotiation of documents specified in the letter of credit. The seller must decide whether to accept the letter of credit within 5 banking days after receiving the letter of credit from the buyer. After this period has elapsed, the seller cannot refuse the letter of credit. However, if the buyer is unable to decide whether to accept the letter of credit within 5 banking days due to reasons attributable to the buyer, the delivery date specified in the letter of credit will be extended. If the seller requests an amendment to the letter of credit, the buyer must accept it and open the letter of credit the seller desires to the seller. If the buyer refuses the seller's request to change the letter of credit, company A has the obligation to change and reopen the letter of credit as requested by company B. Expect by agreeing on the quotation As it is a fundamental breach of contract stipulated in Article 25 of the United Nations Convention on Contracts for the International Sale of Goods, company B can cancel the trade contract and claim damages from company A. Compensation for damages caused by Company A's breach of the trade contract shall be an amount equal to the loss suffered by Company B as a result of the breach, including loss of profits.