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A study on the Cases of Acceptance in Int'l Sale of Goods (국제물품매매에서 승낙사례에 관한 고찰)

  • Ha, Kang-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.43
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    • pp.25-52
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    • 2009
  • An acceptance is effected by a statement or other conduct of the offeree indicating assent. Silence or inactivity does not in itself amount to acceptance. An acceptance of an offer becomes effective at the moment the indication of assent reaches the offeror. It uses in stating rules on whether an acceptance is too late to form a contract and an offeree may withdraw an acceptance after transmission. The offeree may indicate assent by performing an act such as one relating to the dispatch of the goods or payment of the price without notice to the offeror. The acceptance by action also is to be performed within the time fixed between the parties or within a resonable time. However, an oral offer must be accepted immediately by an offeree. After an acceptance by action, the offeree avoid revocation of an offer by giving the offeror prompt notice to that effect. Even if a reply an offer contains additions, limitations or other modifications is a rejection of the offer and constitutes a counter offer, the reply to an offer contains additional and different terms which do not materially alter the terms of the offer constitutes an acceptance unless the offeror objects to the discrepancy or to that effect. Additional or different terms relating to the price, payment, quality & quantity of the goods, time & place of delivery, a party's liability or the settlement of disputes are considered to materially alter the terms of the offer.

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Anomaly Detection of IGS Predicted Orbits for Near-Real-Time Positioning Using GPS (GPS기반 준실시간 위치추적을 위한 IGS 예측궤도력 이상 검출)

  • Ha, Ji-Hyun;Heo, Moon-Beom;Nam, Gi-Wook
    • Journal of Advanced Navigation Technology
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    • v.15 no.6
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    • pp.953-961
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    • 2011
  • IGS (International GNSS Service) predicted orbits contained in IGS ultra-rapid orbits is suitable for real-time or near-real-time precise positioning. In this paper, we analyzed orbit anomalies of the IGS predicted orbits and detected the anomalies NANU (Current Notice Advisories to NAVSTAR Users) messages and IGS BRDC (Broadcast Ephemerides). As a results, the orbit anomalies of the predicted orbits were observed 93 times in 2010. In case of using the NANUs, we could get detection performance of 88% about the IGS predicted orbits's anomalies. And we could achieve 95% detection performance when the NANUs and BRDCs were used together.

Background and Prospect on Carrying Position Indicating Equipment on Board by Law (선박위치자동발신장치 설치 의무화의 배경과 향후 전망)

  • Kwang, An;Kim, In-Cheol
    • Proceedings of KOSOMES biannual meeting
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    • 2007.11a
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    • pp.149-152
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    • 2007
  • According to the Ship Safety Act amended on 23 Mar. 2006, ships above certain size shall curry position indicating equipment The Vessel Monitoring (VMS) will help to upgrade the present search and rescue mechanism and reduce the loss et lives caused by marine accident Public Notice on standards for installation et ship position indicating equipment was published on 1 Nov. 2007 (MOMAF Notice No. 2007-88). In this paper, we would like to introduce the background, applying ships, prospect for currying ship position indicating equipment at the implementation aspect on Vessel Monitoring System.

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Re-evaluation of Korean Effluent Concentration Limits and Comparative Analysis

  • Hwang, Won Tae;Lee, Joeun;Kwon, Dahye;Kim, Eun Han;Han, Moon Hee
    • Journal of Radiation Protection and Research
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    • v.43 no.3
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    • pp.124-129
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    • 2018
  • Background: Effluent Concentration Limits (ECLs) were re-evaluated via direct calculation using dose coefficients based on radiation protection quantity introduced in Korea and the intrinsic breathing rates of Korean residents. Materials and Methods: The re-evaluated ECLs were compared with the domestic standards given in the Notice of the Nuclear Safety and Security Commission (NSSC), as well as with ECLs specified in the Code of Federal Regulations (CFR). Results and Discussion: The relative ratios of the re-evaluated ECLs to the currently applied domestic standards differed depending on the radionuclide type, but it was clearly shown that, for tritium ($^3H$) and radiocarbon ($^{14}C$), which significantly affect radiological dose to the public during the normal operation of nuclear power plants, the re-evaluated ECLs were higher than the domestic standards. This implies that Korean standards are relatively conservative. Conclusion: The re-evaluated results for each age group showed that $^{131}I$ (radioiodine), one of the significant radionuclides, had the lowest values, but nonetheless, the domestic standards for radioiodine were lower than the ECLs given in the CFR and the re-evaluated ECLs via a method given in the CFR.

Some Implications of eUCP Based on the Hermeneutical Approach (eUCP의 본질적 함의와 조항해석적용의 괴리조정:법해석학적 접근)

  • Kim, Ki-Sun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.18
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    • pp.65-104
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    • 2002
  • With the current evolution from paper to electronic records the documentary credit market has been looking to ICC to provide guidance in this transition. To allow bankers and traders to familiarize themselves with this trend, eUCP has come into force from April 1st 2002. The eUCP provides definitions to allow current UCP terminology to accommodate the presentation of the equivalent of paper documents electronically and to provide necessary rules to allow the UCP and eUCP to work together. It is important to understand that many of the Articles of the UCP are not impacted by the presentation of electronic equivalent of paper documents and do not require any changes to accommodate electronic presentation. When read together the UCP and the eUCP will be broad enough to allow for developing practice in this area. The eUCP is not a revision of the UCP. The UCP will continue to provide the industry with rules for paper letters of credit in conjunction with the eUCP. This study comments that some characteristics of the eUCP have unique properties, such as juncture, envelope, homotheticity functions, and some applicable interpretations including abstraction of letter of credit, notice of completeness, notice of discrepancies and corruption of electronic records.

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Pre-service Teachers' Noticing in Peer Evaluation of Mathematical Problem Posing: Focusing on permutation and combination (동료의 문제 만들기 과제를 평가하는 과정에서 나타난 예비교사의 주목하기: 순열과 조합을 중심으로)

  • Shin, Dongjo
    • Journal of the Korean School Mathematics Society
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    • v.24 no.1
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    • pp.19-38
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    • 2021
  • The purpose of this study is to examine pre-service teachers' noticing when evaluating peers' mathematical problem posing tasks. To this end, 46 secondary pre-service teachers were asked to create real-world problems related to permutation and combination and randomly assigned to evaluate peers' problems. As a result, the pre-service teachers were most likely to notice the difficulty of their peers' mathematics problems. In particular, the pre-service teachers tended to notice particular conditions in order to increase the difficulty of a problem. In addition, the pre-service teachers noticed the clarity of a question and its solution, novelty of the problem, the natural connection between real-world contexts and mathematical concepts, and the convergence between mathematical concepts.

Buyer's Duty to Examine Goods and Notify Seller of Lack of Conformity: Belgian Law Perspective Compared with the CISG and the CESL (매수인의 물품검사 및 계약부적합성 통지의무; CISG 및 CESL과 비교된 벨기에법의 관점에서)

  • Byung-Mun Lee;Hautem Xavier
    • Korea Trade Review
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    • v.45 no.1
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    • pp.83-100
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    • 2020
  • This study aimed to provide the most accurate analysis possible regarding the buyer's duty to examine goods and give notice, or the like, of non-conformity to the seller under Belgian law in comparison with the CISG and CESL. Even though Belgium is the capital of the Europe Union, most of its laws remain untranslated in English. Therefore, this study may offer key insights into the specificities of Belgian law, which while being derived from the French Napoleon Code has its own practices coded into its Case Law. It also makes a comparison with the new CESL and CISG in order to evaluate their respective influence on national law and other infructuous attempts to harmonize Belgian law for the internal European market. Evaluating the differences of each system in the spirit of comparative law may be a good basis for the development of laws in each jurisdiction.

Legal Aspects on the Procedures and Settlement of the Disputes arising from the WTO Preshipment Inspection (WTO 선적전검사제도에 따른 실태와 분쟁조정의 해결에 관한 고찰)

  • Seo, Jeong-Il
    • Journal of Arbitration Studies
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    • v.8 no.1
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    • pp.293-322
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    • 1998
  • General Administrative Procedures of the Preshipment Inspection 1. Initial notification Preshipment Inspection is initiated by Agency when it receives notice either from the importing country, or the seller, that an export needs to be imspected 1.1 Notice from the importing country 1.2 Notice from the seller 2. Preliminary price verification After receipt of initial notification, Agency undertakes, Where possible, a preliminary price verification, based upon the Inspection Order and other contractual documents received. 3. Customs classification When required by the Government of the importing country. Agency forms an opinion of the Customs Classification Code based upon the Customs Tariff Book and Rules of Classification of the country of importation. The Customs Classification Code determines the tariff rate on the basis of which the importer will be required to pay import duties. 4. Import eligibility 5. Arrangements for physical inspection 5.1 Inspection request from seller 5.2 Place of inspection 5.3 Date of inspection 5.4 Physical inspection procedures 6. Physical inspection results When the physical inspection is completed, the inspector submits his report to the Agency office and the result of inspection will be communicated to the seller and, where applicable, the place of inspection. The result will state: satisfactory or conditional of unsatisfactory. The seller is welcome to present his views in writting to Agency in the event there is any query regarding the issuance of a conditional of unsatisfactory inspection result. 6.1 Satisfactory 6.2 Conditional 6.3 Unsatisfactory 7. Shipment of the goods The seller is advised to check with Agency prior to shipment if the physical inspection result has not been received or there are any doubts concerning whether a Clean Report of Findings will be issued. 8. Final price verification and classification Based on the results of physical inspection and appropriate final documents, Agency finalises the price verification and the Agency opinion of Customs classification code. When the preliminary price verification has not resulted in any unresolved questions and the inspection result and other documents received are consistent with the preliminary documentation, Agency will not normally require any additional information. The main exception would be if the terms of sale require reference to prices at the date of shipment. 9. The Report of Findings 9.1 Types of Reports of Findings - Clean Reports of Findings(CRF) The Agency will issue a Clean Reports of Findings(CRF), or equivalent document, normally within two working days after receipt of the necessary correct final documents and a satisfactory result in all aspects of the inspection. - Discrepancy Report.

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A Study on the Roles and Revision of eUCP for Global Electronic Trading (글로벌 전자무역의 실현을 위한 eUCP의 역할과 개정방안)

  • Choi, Seok-Beom;Hong, Sung-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.18
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    • pp.105-134
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    • 2002
  • In the Spring of 2000, the Banking Commission of the ICC decided to appoint a working group to draft a supplement to the UCP 500 to clarify the position regarding electronic presentation under a documentary credit. Provisions was drafted to supplement its existing rules for documentary credit, that is, UCP 500. These new provisions known as Supplement to UCP 500 for Electronic Presentation was approved by the ICC Banking Commission at the beginning of November 2001 and came in force as of 1 April 2002 The eUCP covers matters such as definitions of key terms such as electronic record, electronic signature, format, paper document, received. An eUCP Credit must specify the formats in which electronic records are to be presented and if not, electronic records may be presented in any format. Electronic records may be presented separately and need not be presented at the same time. The purpose of this paper is to understand the main substance of eUCP and to facilitate the introduction of electronic letter of credit by studying the problems and revision of eUCP and new electronic UCP. The main substances of eUCP are electronic address as place for presentation of electronic records, flexibility of the formats of electronic records to be presented, endowment of the notice of completeness of presentation to the beneficiary, one electronic record satisfying one or more originals or copies of an electronic record, the electronic records to be examined including the electronic record at the hyperlink to an external system or the referenced system, no remark as to the time period for the examination of documents. The Roles of eUCP are the Promotion of the Electronic Trade, the Supply of Basis on the Uniform Rules for Electronic Letter of Credit, the introduction of Electronic Trade Model. The characteristics of eUCP are a supplement to the UCP, no address of any issues relating to the issuance or advice of Credit electronically, independence of specific technologies and developing electronic commerce system, that is, Bolero Service. The Problems of eUCP are flexibility of format of electronic record, heavy burden on the side of banks, and the problems regrading the number of presentation, the notice of completeness of presentation, no provision in regard to the time to examine the electronic records, and representation of the electronic records. In the revision of eUCP to resolve the problems, the things to be taken into consideration are as follows; the designation of the format allowing the banks to examine electronically, prohibition of the paper documents, the development of the system receiving the electronic records, the addition of the reception notice on the side of the banks, the setting of the time to examine the electronic records, the construction of the backup system or the dual processing system.

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A Study on the Juveniles's Stress of Their Adjustment to School Life and the Mediate Effect of Social Support (청소년 스트레스가 학교적응에 미치는 영향과 사회적지지의 매개효과)

  • Jeong, Seung-Hyun;Sim, Mi-Young
    • The Journal of the Korea Contents Association
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    • v.14 no.9
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    • pp.275-284
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    • 2014
  • This study verifies the influence of students' stress of their adjustment to school life and the mediate effect of social support and based on the results, to develop the programs improving the school life adaptation. For the purpose, the researcher collects some data from junior high school students in Gyeongnam area. The study results were as follows. First, it appeared that the school stress has a negative effect on the school support. that is, the study notice that juveniles with high stress gain low social support Second, it appeared that the social support has a positive effect on the school adjustment, that is, the study notice that juveniles with high social support gain high social adjustment. Third, it appeared that the school stress has a negative effect on the school adjustment. that is, the study notice that juveniles with high stress gain low social support. Fourth, the result to verify the mediate effect of social support, in the long run, that depending on the social support, juveniles' stress has the full mediate effect on their adjustment to school life. That is, the study confirms that juveniles with high stress gain low social support and juveniles with stress it appeared that the school stress has a indirectly effect on the school adjustment.