• 무역상무연구
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• 제44권
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• pp.3-29
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• 2009

The PECL have been drawn up by an independent body of experts from each member state of the european union under a project supported by the european commission and many other organizations. Salient features of the general provisions of the PECL, freedom of contract and pecta sunk servanda, good faith and fair dealing, most of the PECL are non-mandatory. The CISG uses the term fundamental breach in various setting. The concept of fundamental breach is a milestone in its remedial provisions. Its most important role is that it constitutes the usual precondition for the contract to be avoided(Art. 49., Art. 51., Art. 64., Art. 72., Art. 73). In addition, where the goods do not conform with the contract, a fundamental breach can give rise to a requirement to deliver substitute goods. Furthermore, a fundamental breach of contract by the seller leaves the buyer with all of his remedies intact, despite the risk having passed to him(Art. 70). Basically, PECL, PICC generally follows CISG, it was similar to all the regulation's platform though the terms and content sometimes differ. For example regarding to the non-performance and remedies, in the case of non-performance, that is the PECL/PICC term analogous to breach of contract as used in the CISG. Furthermore the PECL/PICC used fundamental non-performance refered to in PECL Art. 8:103 ; PICC Art. 7.1.1. correspond generally to the concept of fundamental breach referred to in CISG Art. 25. The main significance of the fundamental non-performance, in any systems, is to empower the aggrieved party to terminate the contract. The need for uniformity and harmony in international commercial contracts can be expected to lead to growth of international commerce subject to the CISG, PICC, and PECL. It is hoped that the present editorial remarks will provide guidance to improve understanding between the contractual party of different countries in this respect and following key-words.

• 전자공학회논문지SC
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• 제42권1호
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• pp.23-31
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• 2005

통신시스템의 경박단소화와 고부가가치 기술 추세에 따라 전압제어 수정발진기(VCXO)도 소형화와 경향화를 향하고 있다. 기존의 VCXO는 9×14mm의 크기가 주류를 이루었으나 양의 에미터결합논리(PECL)와 적층 세라믹 SMD 패키지기술을 통하여 5×7 mm의 크기로 소형화한 VCXO를 개발한다. 이는 역메사형 HFF 수정설계 기술과 세라믹 SMD 공정선을 접목시키고 생산프로세스를 단축하는 효과도 얻는다.

• 한국통신학회논문지
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• 제30권2A호
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• pp.107-113
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• 2005

본 논문에서는 통신소자의 경박 단소화 추세에 따라 적층 세라믹 SMD(surface mounted device) 패키지기술을 통하여 소형화한 $5{\times}7mm$의 크기의 VCXO를 개발한다. 이때 안정된 입력신호를 공급하기 위하여 양의 이미터결합논리(PECL)를 이용하고, 역메사형 HFF(high frequency fundamental) 기법을 이용하여 제작한 수정소자로 IC에 설계함으로써 동작전압은 3.3 V, 저전력하에서 120MHz-180MHz 범위의 주파수에서 발진하며, Q인자는 5 K이상, 3.5 ps rms의 낮은 지터(Jitter)와 위상잡음 특성 및 일정기간의 경화실험에서도 안정된 출력특성을 보인다.

• 무역상무연구
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• 제44권
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• pp.57-84
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• 2009

This Study attempts to compare and analyze on Principle of Change Circumstances under th CISG, PICC and PECL which are covered international commercial contract. In many international commercial contract, time is very important because delays in performance are sanctioned heavily by substantial penalty clauses. When change in circumstances affects contract performance, the contract will often not be suspended or terminated. Therefore, principle of change circumstances is being prepared of fluidity of contract environment and its effect in general. Taking into consideration the problems relating to the renegotiation or adaptation in the cases of radical change of circumstances where the CISG applies, it is suggested that the contracting parties should make clear their intentions, that is, whether they will provide for the possibility of renegotiation where the price of goods has been altered by inserting a hardship clause or for the possibility of mutual discharge from liability in the cases of economic impossibility or hardship by inserting a force majeure clause. Such provision will be desirable especially in situations where there is a long term contract, the price of goods sold tends to fluctuate in the international commerce, or where especially in contracts subjected to arbitration, the parties subject their contract to legal sources or principles of supranational character. Therefore, this study has shown that the hardship provisions in the CISG, PICC and PECL has similarities to each a validity defense and an excuse defense. it was provisions that CISG governs this issue in Article 79, PICC Article 6.2.1, 6.2.2, 6.2.3 and PECL Article 6.111.

• 전자공학회논문지SC
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• 제43권4호
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• pp.45-52
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• 2006

본 연구에서는 위상잡음과 지터(jitter) 특성을 개선한 $5mm{\times}7mm$ 크기의 적층 세라믹 SMD(surface mounted device)형 VCXO를 개발한다. PECL(positive emitter coupled logic) 칩패키지를 발진수정자에 결선한 VCXO는 그 길이 및 패키지 내부의 패턴 등에 의하여 부유인덕턴스 및 기생 커패시턴스가 발생하고, 전원의 반사 및 잡음 발생으로 출력신호의 진폭 감소 및 신호 손실이 발생하여 발진기 성능을 정상적으로 평가할 수 없다. 이러한 신호 손실 및 진폭감소를 방지하기 위해 지그(Jig) 시스템을 개발하고, 이를 통하여 발진기의 정확한 스펙트럼 분석 및 성능을 평가한다. 동작전원은 3.3 V, 주파수 범위 120-180 MHz 및 Q인수는 5K이다.

• 제어로봇시스템학회:학술대회논문집
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• 제어로봇시스템학회 2003년도 ICCAS
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• pp.1885-1890
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• 2003

In this paper, we have developed the voltage controlled crystal oscillator (VCXO) with positive emitter coupled logic(PECL). The VCXO is a crystal oscillator which includes a varactor diode and associated circuitry allowing the frequency to be changed by application of a voltage across that diode. The characteristics of the PECL has the delay time less than 2 ns and the faster logic gate, and the high level output greater than 2.3 V and the low level output smaller than 1.68 V.

• 무역상무연구
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• 제51권
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• pp.159-185
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• 2011

This paper is intended to discuss the controversial issue of the principles of change circumstances under the legal system of international commercial transactions. The principles of change circumstances, so called clausula rebus sic stantibus is the legal doctrine allowing for treaties to become inapplicable because of a fundamental change of circumstances. It is essentially an "escape clause" that makes an exception to the general rule of pacta sunt servanda (promises must be kept). The practical needs of international transactions differ from the established concepts of national contracts law. The purpose of this paper is to analyze the legal system and theories under the regimes of international commercial transactions such as the CISG, the PICC, and the PECL. Clausula rebus sic stantibus does not apply if the parties to a treaty had contemplated for the occurrence of the changed circumstance. It only relates to the changed circumstances that were never contemplated by the parties. This paper has shown that the hardship provisions in the CISG, PICC, PECL has similarities to each a validity defense and an excuse defense. it was provisions that CISG governs this issue in Article 79, PICC Article 6.2.1, 6.2.2, 6.2.3(in addition to Article 7.1.7), PECL Article 6.111(in addition to 8.108). It is time when we should reconsider its legal system with great interest in order to harmonize with the international standpoint. It will be the turning point of our viepoint under the international commercial transactions.

• 대한전자공학회:학술대회논문집
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• 대한전자공학회 2005년도 추계종합학술대회
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• pp.61-64
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• 2005

본 연구에서는 $5mm{\times}7mm$ 크기의 적층 세라믹 SMD(surface mounted device)형 PECL VCXO에 테스트지그를 이용하여 스펙트럼을 분석한다. 패키지에 PECL 칩을 장착 후 와이어결선(wire bonding)을 완료한 VCXO는 그 길이 및 패키지 내부의 패턴 등에 의하여 부유인덕턴스(stray inductance) 및 커패시턴스가 발생하고, 칩의 발진부 임피던스에 영향을 준다. 이에 칩이 패키지에 장착된 상태에서 발진부 입력임피던스 영향을 제거하고 안정한 발진기 측정을 통하여 발진기의 정확한 스펙트럼 분석 및 성능을 평가한다.

• 무역상무연구
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• 제33권
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• pp.221-243
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• 2007

A party to a contract is bound to perform its contractual duties. But outside events may make performance impossible, physically or legally. In such a situation a party may wish to plead "force majeure" as an excuse for failure to perform. The laws of most countries have provisions which dealt with force majeure. These provisions, however, vary from country to country and may not meet the parties' requirement in international contracts. Therefore, parties to international contracts are frequently in need of contract clauses on force majeure. There are many force majeure clauses in standard forms or individually negotiated. The ICC has drawn up provisions which aim at providing assistance for parties when they are making contracts. The force majeure clause grants relief from contractual sanctions and includes provisions for suspension and termination of contract. The purpose of this study is to examine "ICC Force Majeure Clause 2003" in the international sales contract. For this purpose, firstly this study deals with the major contents of the ICC Force Majeure Clause 1985 and 2003. Secondly this study considers the related provisions under CISG, PICC, PECL and the force majeure clause in Model International Sale Contract. Thirdly this study compares ICC Force Majeure Clause 2003 with the relative provisions under CISG, PICC, PECL and the force majeure clause in Model International Sale Contract. It should be noted that the parties often need to adapt the content of this clause so as to take account of the particular circumstances of the individual contract. This paper contributes to help the parties to a contract to draft the meaningful "Force Majeure Clause" containing more precise and elaborate provisions.

• 무역상무연구
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• 제43권
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• pp.3-23
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• 2009

The meaning of Good faith is honest intent to act without taking an unfair advantage over another person or to fulfill a promise to act, even when some legal technicality is not fulfilled. The term is applied to all kinds of transactions. According to the CISG only regulated Art. 7. that is in the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade (1) and questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the law applicable by virtue of the rules of private international law (2). In the other hand PICC is related to the good faith and fair dealing, each party must act in accordance with good faith and fair dealing in international trade (1) and the parties may not exclude or limit this duty (2). Good faith of PECL is these principles should be interpreted and developed in accordance with their purposes. In particular, regard should be had to the need to promote good faith and fair dealing, certainty in contractual relationships and uniformity of application. Further more regarding to the good faith and fair dealing, same to the PICC regulations.