• Title/Summary/Keyword: Local rule

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Interpretation of Estoppel Doctrine in the Letter of Credit Transaction : Comparison between UCP 500 and 95 UCC (신용장거래(信用狀去來)에서의 금반언법리(禁反言法理)에 관한 해석(解釋) - UCP 500 제13조, 제14조와 95 UCC 제5-108조의 비교를 중심으로 -)

  • Kim, Young-Hoon
    • 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.

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Effects of Fracture Intersection Characteristics on Transport in Three-Dimensional Fracture Networks

  • Park, Young-Jin;Lee, Kang-Kun
    • Proceedings of the Korean Society of Soil and Groundwater Environment Conference
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    • 2001.09a
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    • pp.27-30
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    • 2001
  • Flow and transport at fracture intersections, and their effects on network scale transport, are investigated in three-dimensional random fracture networks. Fracture intersection mixing rules complete mixing and streamline routing are defined in terms of fluxes normal to the intersection line between two fractures. By analyzing flow statistics and particle transfer probabilities distributed along fracture intersections, it is shown that for various network structures with power law size distributions of fractures, the choice of intersection mixing rule makes comparatively little difference in the overall simulated solute migration patterns. The occurrence and effects of local flows around an intersection (local flow cells) are emphasized. Transport simulations at fracture intersections indicate that local flow circulations can arise from variability within the hydraulic head distribution along intersections, and from the internal no flow condition along fracture boundaries. These local flow cells act as an effective mechanism to enhance the nondiffusive breakthrough tailing often observed in discrete fracture networks. It is shown that such non-Fickian (anomalous) solute transport can be accounted for by considering only advective transport, in the framework of a continuous time random walk model. To clarify the effect of forest environmental changes (forest type difference and clearcut) on water storage capacity in soil and stream flow, watershed had been investigated.

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A New Proposal for the Allowable Local Thickness of Straight Pipes in ASME Code Case N-597-2 (ASME 코드 케이스 N-597-2의 직관 국부허용두께의 새로운 제안)

  • Park, Jai-Hak;Shin, Kyu-In;Park, Chi-Yong;Lee, Sung-Ho
    • Journal of the Korean Society of Safety
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    • v.22 no.1 s.79
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    • pp.13-18
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    • 2007
  • Structural integrity assessment of thin-walled pipes and pipe items has become one of the major issues in the nuclear power plant. ASME Section XI Code Case N-597-2 provides a criterion for acceptance of the pipes. But the code case has several limitations for application and sometimes gives too conservative or non-conservative results. So it is necessary to understand fully the technical bases of the code case. In the code case N-597, the allowable local thicknesses of thinned straight pipes are given for three different cases. Because of the different technical base, each case gives different thickness values and sometimes gives contradictory values. In this paper attempts were made in order to propose a unified rule for the allowable local thickness and in order to remove or relax the restrictions on the application of the code case. For this purpose elastic stress analyses were made using the finite element method and the stress results were examined. Based on the obtained bending stress results, a very simple procedure was proposed to obtain the consistent allowable local thickness for the thinned straight pipes.

Assessment of Port Development Priority with Conflicts among Decision Makers -From the Perspective of Environment-friendly Port Development- (의사결정자의 대립하 항만개발 우선순위 평가 -환경친화적 항만개발의 관점에서-)

  • Jang, Woon-Jae
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.17 no.1
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    • pp.53-60
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    • 2011
  • In this study, the priority was assessed and the compensation relationships were analyzed with regard to the issue of port development with conflicts among decision makers. First, the assessment factors were selected by the relevant literatures on port development, and fuzzy structure modeling was used to select assessment factors via structuralization analysis. Second, the local residents, port users, and local government were chosen as the main port-development related entities, and the analytic hierarchy process was used to calculate the total assessment value. Third, the justice based on majority power rule method was used as an assessment method that would minimize the amount of complaints according to the total assessment results and the alternative selection when a partnership was formed among the assessment entities. Moreover, the compensation issue according to the alternative selection was quantified, and the compensation relationships were analyzed. As a result, it was found that port development in Busan must be the top priority in terms of port development in South Korea, that awareness of environmental issues must be promoted among the port users, and that the local governments must promote environmental incentive policies for Environment-friendly port development.

A Study on the Local Strength Structural Analysis for Steel Yacht (강선요트의 국부강도 구조해석에 관한 연구)

  • Park Joo-Shin;Ko Jae-Yong;Lee Jun-Kyo;Bae Dong-Kyun
    • Proceedings of KOSOMES biannual meeting
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    • 2005.05a
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    • pp.155-159
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    • 2005
  • Analysis target ship is not introduced yet in domestic as steel yacht that is getting into the spotlight by leisure life in Australia or Japan. Sailing yacht or Yacht for leisure time made of FRP into controlling power fare mainly and the design and made of latest fishing boat and something of domestic is consisting mainly. To need investigated for concept is various kinds overall strength as that use mainly steel wire material structurally of steel yacht by small crafts about Longi strength, Transe strength portion even of design safety factor at subject to do Rule's allowable stress enough stable structure accomplish. But it is assessment of part intensity that become refer to most in small size ship.

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The Classification System of the Official Documents in the Colonial Period (일제하 조선총독부의 공문서 분류방식)

  • Park, Sung-jin
    • The Korean Journal of Archival Studies
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    • no.5
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    • pp.179-208
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    • 2002
  • In this paper, I explained the dominating/dominated relationship of Japan and Colonized Korea by analysing the management system of official documents. I examined the theory and practices of the classification used by the office of the Governor-General for preserving official documents whose production and circulation ended. In summary, first, the office of the Governor-General and its municipal authorities classified and filed documents according to the nature and regulations on apportionment for the organizations. The apportionment of the central and local organs was not fixed through the colonial period and changed chronologically. The organization and apportionment of the central and local organs reflected the changes in the colonial policies. As a result, even in the same organs, the composition of documents had differences at different times. The essential way of classifying documents in the colonial period was to sort out official documents which should be preserved serially and successively according to each function of the colonial authorities. The filing of documents was taken place in the form of the direct reflection of organizing and apportioning of the function among several branches of the office of the Governor-General and other governmental organs. However, for the reason that filing documents was guided at the level of the organs, each organ's members responsible for documents hardly composed the filing unit as a sub-category of the organ itself. Second, Japan constructed the infrastructure of colonial rule through the management system of official documents. After Kabo Reform, the management system of official documents had the same principles as those of the Japan proper. The office of the Governor-General not only adopted several regulations on the management of official documents, but also controlled the arrangement and the situation of document managing in the local governmental organizations with the constant censorship. The management system of documents was fundamentally based on the reality of colonial rule and neglected many principles of archival science. For example, the office of Governor-General labelled many policy documents as classified and burnt them only because of the administrative and managerial purposes. Those practices were inherited in the document management system of post-colonial Korea and resulted in scrapping of official documents in large quantities because the system produced too many "classified documents".

Rule-Based Fuzzy-Neural Networks Using the Identification Algorithm of the GA Hybrid Scheme

  • Park, Ho-Sung;Oh, Sung-Kwun
    • International Journal of Control, Automation, and Systems
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    • v.1 no.1
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    • pp.101-110
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    • 2003
  • This paper introduces an identification method for nonlinear models in the form of rule-based Fuzzy-Neural Networks (FNN). In this study, the development of the rule-based fuzzy neural networks focuses on the technologies of Computational Intelligence (CI), namely fuzzy sets, neural networks, and genetic algorithms. The FNN modeling and identification environment realizes parameter identification through synergistic usage of clustering techniques, genetic optimization and a complex search method. We use a HCM (Hard C-Means) clustering algorithm to determine initial apexes of the membership functions of the information granules used in this fuzzy model. The parameters such as apexes of membership functions, learning rates, and momentum coefficients are then adjusted using the identification algorithm of a GA hybrid scheme. The proposed GA hybrid scheme effectively combines the GA with the improved com-plex method to guarantee both global optimization and local convergence. An aggregate objective function (performance index) with a weighting factor is introduced to achieve a sound balance between approximation and generalization of the model. According to the selection and adjustment of the weighting factor of this objective function, we reveal how to design a model having sound approximation and generalization abilities. The proposed model is experimented with using several time series data (gas furnace, sewage treatment process, and NOx emission process data from gas turbine power plants).

Review of PM-related Air Quality Improvement Policies of United States for PM-related Air Quality Improvement of Metropolitan Region in Korea (수도권 미세먼지 환경 개선을 위한 미국의 대기환경정책 사례 조사 연구)

  • Woo, Jung-Hun
    • Journal of Korean Society for Atmospheric Environment
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    • v.25 no.6
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    • pp.579-593
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    • 2009
  • Several fine particle-related policies in Northeast United States were investigated in support of the execution of special measures to improve air quality of Seoul Metropolitan Area (SMA). The definition of particulate matter (PM) in the Clean Air Act (CAA), components and procedures of Regional Haze Rule (RHR), and Air Quality Management (AQM) were reviewed. Several State Implementation Plans (SIPs) were also reviewed as the way to attain required air quality under the Clean Air Act. $PM_{2.5}$ attainment SIP of Maryland, 8-hr Ozone attainment SIP of New Jersey, and Regional Haze Rule attainment SIP of MANE-VU were analyzed in detail as case studies. We realized that "Special Measures for Air Quality Improvement in the Seoul Metropolitan Area" has many similarities with its US counterparts in terms of purpose, components, procedures, and implementation methods. US policies, however, have more advanced features, such as standardized procedures and methods, transparent guidelines, and stable relationship among federal/state/local governments and stakeholders, which would be helpful to improve air quality in SMA.

Design of Dynamic Time Warp Element for Speech Recognition (음성인식을 위한 Dynamic Time Warp 소자의 설계)

  • 최규훈;김종민
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.19 no.3
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    • pp.543-552
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    • 1994
  • Dynamic Time Warp(DTW) needs for iterative calculations and the design of PE cell suitable for the operations is very important. Accordingly, this paper aims at real time recognition design enables large dictionary hardware realization using DTW algorithm. The DTW PE cell separated into three large blocks. "MIN" is the one block for counting accumulated minimum distance. "ADD" block calculates these minimum distances, and "ABS" seeks for the absolute values to the total sum of local distances. Circuit design and verification about the three block have been accomplished, and performed layout '||'&'||' DRC(design rule check) using 1.2 m CMOS N-Well rule base.CMOS N-Well rule base.

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The Improvement of the Korea Trade Finance Services (중소기업금융으로서 무역금융제도의 개선방안)

  • PARK, Kwang-So;HWANG, Ji-Hyeon;ZHOU, Ling-Ke
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.75
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    • pp.117-136
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    • 2017
  • Trade finance services have been played an important role in the Korea trade development history since 1960's. These days the trade environment is confronted by the 4th Industrial revolution and new trade protectionism. So we need to improve the Korea Trade Finance Services in order to improve Korea trade volume. Bank of Korea(BOK) also revised the Rule of Korea Trade Finance in 2014 and enlarged the trade fund for commercial banks where they handle the trade finance to small and medium enterprises(SME) in 2016. This article handle the current state and problems of Korea trade finance services and suggest the improvement measures as follows; First, the commercial banks, which handle trade finance fund, should improve the customs and practice of judge loan for SMEs. Second, the export volume counting rule for trade loan should harmonize between BOK's Rule and Foreign Trade Management Regulation under the Foreign Trade Act. Third, the processing trade and intermediate trade also can use the trade finance like other trade. Fourth, Trade finance should be in balance between export and import finance to defend the new protectionism. It means that the trade finance should expand to import in the certain conditions. Lastly, the related trade promotion agencies and their employees should improve their skills and abilities for handling trade finance.

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