• Title/Summary/Keyword: Name agreement

Search Result 36, Processing Time 0.025 seconds

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
    • /
    • v.69
    • /
    • pp.523-541
    • /
    • 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.

  • PDF

High-Speed Korean Address Searching System for Efficient Delivery Point Code Generation (효율적인 순로코드 발생을 위한 고속 한글 주소검색 시스템 개발)

  • Kim, Gyeong-Hwan;Lee, Seok-Goo;Shin, Mi-Young;Nam, Yun-Seok
    • The KIPS Transactions:PartD
    • /
    • v.8D no.3
    • /
    • pp.273-284
    • /
    • 2001
  • A systematic approach for interpreting Korean addresses based on postal code is presented in this paper. The implementation is focused on producing the final delivery point code from various types of address recognized. There are two stages in the address interpretation : 1) agreement verification between the recognized postal code and upper part of the address and 2) analysis of lower part of the address. In the agreement verification procedure, the recognized postal code is used as the key to the address dictionary and each of the retrieved addresses is compared with the words in the recognized address. As the result, the boundary between the upper part and the lower part is located. The confusion matrix, which is introduced to correct possible mis-recognized characters, is applied to improve the performance of the process. In the procedure for interpreting the lower part address, a delivery code is assigned using the house number and/or the building name. Several rules for the interpretation have been developed based on the real addresses collected. Experiments have been performed to evaluate the proposed approach using addresses collected from Kwangju and Pusan areas.

  • PDF

A Study on the Commercial Franchising in China - Focus on the Baojing Case - (중국의 프랜차이즈계약에 관한 연구 - 보경사건을 중심으로 -)

  • SONG, Soo-Ryun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.67
    • /
    • pp.49-68
    • /
    • 2015
  • In recent years in China, corresponding to a shift in consumption pattern from household basics to greater expenditure on quality of life, new franchising opportunities arise. Although the franchising prospect in China is promising, Korean companies aiming at franchising into China need to be aware of the legal framework for commercial franchise in China as this will have direct impact on their business expansion. Where franchising activities involve trade mark licence, Chinese Franchise Regulations require such trade mark licence agreement to be regulated in accordance with the relevant provisions of the Chinese Trademark Law. Furthermore where one party fails to perform his obligation and it impacts purpose of the contract seriously, the other party could avoid the contract in accordance with the relevant provisions of the Chinese Contract Law. To launch franchising business successfully in China, Korean companies do market research sufficiently before they may commence franchise business. Korean franchisor must register with local authorities in China by own name, and make Chinese partner take charge of management of the distribution network and invitation of franchisee partners.

  • PDF

Main Entry of Serials (축차간행물의 기본기입선정에 관한 연구)

  • 최달현
    • Journal of Korean Library and Information Science Society
    • /
    • v.4
    • /
    • pp.211-236
    • /
    • 1977
  • Many have been concerned with the entry of serials in cataloging. Thouzh they believc the form of AACR 6 should be revised, the agreement was not yet reached among them. Whercas some librarians advocate no different entry in cataioging between monographs and serials, some agree that all serials are to be entered under its title. Main arguments are on the concepts of "corporate authorship" and "generic titlc". On account of disagreemefit on these concepts, there appear different ways 9T serials entry in various catalogs or bibliogaphies. Being not clearly defined the concept of "corporate authorship" in Korcan Cltaloging Rules, main cntry of a scrial was quite different either in a few national bibliographies or some universities' catalogs in T a e g ~C ity. In consideration 01 the incompleteness and changing authorship or diffused riuthorship of serials, it is desirable to revise and simplif1, - our czttaloging rules as to all the serials are to be entered under its titlc. This would be in ac.:ord +;ith International Stand~rdso n serials, eg. ISDS and ISBD(S). When a generic term is included in a title, it will not be sn important groblcm as the title mould be usi~ally made up in the form of "corporate name+gcncric term". This is duc to the difference of construction of thc words bciwcen Korean and English languages.ds bciwcen Korean and English languages.

  • PDF

Deformation Characteristics of Earth Dam Raised by Non-Homogeneous Fill Materials (비균질 재료로 숭상(嵩上)한 흙 댐의 변형 특성)

  • 장옥성;이종규
    • Journal of the Korean Geotechnical Society
    • /
    • v.20 no.8
    • /
    • pp.167-180
    • /
    • 2004
  • In this study finite element analysis using hyperbolic model was performed to predict the characteristics of stress-strain behaviour on concrete face earth dam (CFED : a tentative name) raised with coarse-grained materials corresponding to the face slab bedding zone of concrete face rockfill dam (CFRD). The results of finite element analysis were compared with field monitoring data, and the comparison showed a good agreement. And, the analysis results including locus of maximum displacement, maximum stress, stress concentration, and irregular load transfer would be used to devise rational field monitoring schemes for construction management and quality control during construction of CFED.

Simulation of porous claddings using LES and URANS: A 5:1 rectangular cylinder

  • Xu, Mao;Patruno, Luca;Lo, Yuan-Lung;de Miranda, Stefano;Ubertini, Francesco
    • Wind and Structures
    • /
    • v.35 no.1
    • /
    • pp.67-81
    • /
    • 2022
  • While the aerodynamics of solid bluff bodies is reasonably well-understood and methodologies for their reliable numerical simulation are available, the aerodynamics of porous bluff bodies formed by assembling perforated plates has received less attention. The topic is nevertheless of great technical interest, due to their ubiquitous presence in applications (fences, windbreaks and double skin facades to name a few). This work follows previous investigations by the authors, aimed at verifying the consistency of numerical simulations based on the explicit modelling of the perforated plates geometry and their representation by means of pressure-jumps. In this work we further expand such investigations and, contextually, we provide insight into the flow arrangement and its sensitivity to important modelling and setup configurations. To this purpose, Unsteady Reynolds-Averaged Navier-Stokes (URANS) and Large-Eddy Simulations (LES) are performed for a 5:1 rectangular cylinder at null angle of attack. Then, using URANS, porosity and attack angle are simultaneously varied. To the authors' knowledge this is the first time in which LES are used to model a porous bluff body and compare results obtained using the explicit modelling approach to those obtained relying on pressure-jumps. Despite the flow organization often shows noticeable differences, good agreement is found between the two modelling strategies in terms of drag force.

Analysis of Twitter for 2012 South Korea Presidential Election by Text Mining Techniques (텍스트 마이닝을 이용한 2012년 한국대선 관련 트위터 분석)

  • Bae, Jung-Hwan;Son, Ji-Eun;Song, Min
    • Journal of Intelligence and Information Systems
    • /
    • v.19 no.3
    • /
    • pp.141-156
    • /
    • 2013
  • Social media is a representative form of the Web 2.0 that shapes the change of a user's information behavior by allowing users to produce their own contents without any expert skills. In particular, as a new communication medium, it has a profound impact on the social change by enabling users to communicate with the masses and acquaintances their opinions and thoughts. Social media data plays a significant role in an emerging Big Data arena. A variety of research areas such as social network analysis, opinion mining, and so on, therefore, have paid attention to discover meaningful information from vast amounts of data buried in social media. Social media has recently become main foci to the field of Information Retrieval and Text Mining because not only it produces massive unstructured textual data in real-time but also it serves as an influential channel for opinion leading. But most of the previous studies have adopted broad-brush and limited approaches. These approaches have made it difficult to find and analyze new information. To overcome these limitations, we developed a real-time Twitter trend mining system to capture the trend in real-time processing big stream datasets of Twitter. The system offers the functions of term co-occurrence retrieval, visualization of Twitter users by query, similarity calculation between two users, topic modeling to keep track of changes of topical trend, and mention-based user network analysis. In addition, we conducted a case study on the 2012 Korean presidential election. We collected 1,737,969 tweets which contain candidates' name and election on Twitter in Korea (http://www.twitter.com/) for one month in 2012 (October 1 to October 31). The case study shows that the system provides useful information and detects the trend of society effectively. The system also retrieves the list of terms co-occurred by given query terms. We compare the results of term co-occurrence retrieval by giving influential candidates' name, 'Geun Hae Park', 'Jae In Moon', and 'Chul Su Ahn' as query terms. General terms which are related to presidential election such as 'Presidential Election', 'Proclamation in Support', Public opinion poll' appear frequently. Also the results show specific terms that differentiate each candidate's feature such as 'Park Jung Hee' and 'Yuk Young Su' from the query 'Guen Hae Park', 'a single candidacy agreement' and 'Time of voting extension' from the query 'Jae In Moon' and 'a single candidacy agreement' and 'down contract' from the query 'Chul Su Ahn'. Our system not only extracts 10 topics along with related terms but also shows topics' dynamic changes over time by employing the multinomial Latent Dirichlet Allocation technique. Each topic can show one of two types of patterns-Rising tendency and Falling tendencydepending on the change of the probability distribution. To determine the relationship between topic trends in Twitter and social issues in the real world, we compare topic trends with related news articles. We are able to identify that Twitter can track the issue faster than the other media, newspapers. The user network in Twitter is different from those of other social media because of distinctive characteristics of making relationships in Twitter. Twitter users can make their relationships by exchanging mentions. We visualize and analyze mention based networks of 136,754 users. We put three candidates' name as query terms-Geun Hae Park', 'Jae In Moon', and 'Chul Su Ahn'. The results show that Twitter users mention all candidates' name regardless of their political tendencies. This case study discloses that Twitter could be an effective tool to detect and predict dynamic changes of social issues, and mention-based user networks could show different aspects of user behavior as a unique network that is uniquely found in Twitter.

A Study on the Alienation and Inheritance of the Right of Publicity (퍼블리시티권의 양도성과 상속성에 관한 연구)

  • Kwon, Sang-Ro
    • Proceedings of the Korea Contents Association Conference
    • /
    • 2009.05a
    • /
    • pp.532-536
    • /
    • 2009
  • Recently the entertainment and sports/advertisement industry have developed rapidly, and the name or identities of celebrities such as entertainers or athletics for the advertisement so that following troubles are occurred continually. Some celebrities actually started a suit for there right of publicity was violated, and won the case. Meanwhile, the right of publicity has become a growing issue in the society. In the States, the right of publicity which controls using one's identity for commercial use, and it is recognized as a right of property separated from the right of privacy. But in Germany, the right of publicity is protected as a human right. On the other hand, in Korea, there is an argument that the mental human right and the right of publicity which has property-characteristic are not separated clearly, and also the attitude of precedent toward the right of publicity is not unified. Especially in Korea, where it is taking the written laws principally, it is not easy to recognize the right of publicity which is a monopoly and exclusion without basis such as any actual laws such as regulation of agreement or any conventional laws. Therefore, as the right protection of celebrities is becoming the social state and there is an agreement with the constituents of the society, now Korea shall progress legislation about the right of publicity, and prepare a legal basis which regulates the remedies for the realization condition, alienation, inheritance, objectives, duration and violation of the right of publicity.

  • PDF

Review of the Supreme Court Judgement on Real Estate Nominal Trust without Intermediate Registration (부동산의 제3자간 명의신탁에 관한 대법원의 판례평석)

  • Park, Kwang-Hyun
    • Proceedings of the Korean Society of Computer Information Conference
    • /
    • 2016.07a
    • /
    • pp.141-143
    • /
    • 2016
  • 2016년 5월 19일 대법원은 전원합의체판결에서 부동산 매수자가 본인 명의로 소유권이전등기를 하지 않고 등기를 매도인에게서 직접 명의수탁자로 이전하는 제3자간 명의신탁(중간생략등기형 명의신탁)의 경우 명의수탁자가 신탁부동산을 임의로 처분하여도 형사처벌를 할 수 없다는 판결을 하였다. 본 논문에서는 민법과 형법의 교차영역인 명의신탁에서 민사사건의 형사화를 지양했다는 점에서 긍정적인 평가를 하지만 이에 따른 관련법의 정비를 통한 법개정을 제안한다. 즉, 명의신탁에 관한 법제 간 모순을 극복하기 위해 '부동산 실권리자명의 등기에 관한 법률'의 개정이 요구된다. 또한 부동산소유자가 그 등기명의를 타인에게 신탁하기로 하는 명의신탁약정을 맺고 그 등기명의를 명의수탁자에게 이전하는 소위 2자간 명의신탁의 경우도 비범죄화를 함으로써 법체계의 논리성과 통일성을 확보할 필요가 있다.

  • PDF

A HS tariff classification service based on a knowledge convergence performance system supporting decision elements and field terms (결정요소 및 현장용어 지원 지식융합 수행 시스템 기반의 HS 관세분류 서비스에 관한 실증 연구)

  • Kim, Eunsoo;Song, ByungJun;Lee, Jong Yun
    • Journal of the Korea Convergence Society
    • /
    • v.6 no.1
    • /
    • pp.49-55
    • /
    • 2015
  • In the FTA environment, it is necessary to comply with the rules of origin in order to receive duty-free benefits. To do this, they have to precede the Harmonized System(HS) tariff classification of the goods and understand thoroughly the basic principles that constitute the tariff schedule of HS classification. For the correct classification, they should understand exactly the product name of "Heading" about the items, "Legal Note" in the relevant "Section" or "Chapter" as well as provisions of the commentary. Therefore, this paper proposes to develop a HS classification services based on the performance system of knowledge convergence of field terms commonly used in various industries. In result, our services can provide users the conveniences which users first selects one of seven decision elements of the classification and perform the classification easily and accurately.