• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.12
• /
• pp.133-162
• /
• 1999

The international sale transaction is in essence a sale of goods and presents all those commercial and legal problems in any sale of goods. As a result, A International sales contract imposes several duties on the parties : the seller must deliver the goods and transfer ownership in them, while the buyer must pay the price and take delivery of the goods. However, there are several problems which impede a active transaction between seller and buyer who have their places of business in other countries each other. Therefore, It is necessary to provide the concept on the conformity of goods in the Int'l Sale of Goods. Especially, In our consideration for the point of time when defects occurs, the existence of non-conformity of goods should be judged on the basis of time of delivery rather than time of contract. Moreover, The burden of proof about nonconformity of goods is another fact which make an international dispute between the contractual parties in an international trade. Thus, The consistency in the interpretation of law must be maintained betweened the warranty and seller's liability. In the Uniform Commercial Code and UN Convention, non-conformity of contract is made of contract liability. And in our civil and commercial law provisions of warranty should be understand as the special ones of the provisions of general non-performance of obligation liability. As a result, More concrete study of them is required because they may have a great influence especially on international trade. As a result, We should be our best in finding a helpful and systematic structure that the dualistic structure of nonperformance of obligation liability and warranty liability must be unified by studying the theories of English and American warranty and our legal system, as well as international practice and usage being used in an international trade.

• Wind and Structures
• /
• v.22 no.5
• /
• pp.555-571
• /
• 2016

A hanging-type sand-retaining wall is a very common sand-blocking fence structure used to prevent sand movement. This type of wall is widely used along the Qinghai-Tibet and Gobi desert railways in Xinjiang, Western China. To analyze the characteristics of wind-sand flow fields under the effect of such a sand fence structure, a wind tunnel test and a field test were carried out. The wind tunnel test showed the zoning characteristics of the flow fields under the effect of the hanging-type sand-retaining wall, and the field test provided the sediment transport data for effective wind-proof interval and the sand resistance data in the front and behind the sand-retaining wall. The consistency of the wind-sand flow fields with the spatial distribution characteristic of wind-carried sand motion was verified by the correspondences of the acceleration zone in the flow field and the negative elevation points of the percentage variations of the sand collection rate. The spatial distribution characteristic of the field sand collection data further showed the spatial structural characteristic of the sandy air currents under the action of the hanging-type sand-retaining wall and the sand resistance characteristic of the sand-retaining wall. This systematic study on the wind-sand flow fields under the control of the hanging-type sand-retaining wall provides a theoretical basis for the rational layout of sand control engineering systems and the efficient utilization of a hanging-type sand-retaining wall.

• Korean journal of communication and information
• /
• v.40
• /
• pp.150-191
• /
• 2007

Defamation lawsuits of public figures against media have been an issue since Roh government set in. Dissension between the government and media has probably acted as the key factor on this problem. Accordingly, arguments on the defamation lawsuits of public figures occurred the political issues such as opposition between the Progressive and the Conservative Parties or between the ins and the outs and showed the limits to suggest an appropriate judgment or solution. This study will analyze how the court makes its judgement on their rights and the limits by understanding the characteristic and the problem of defamation lawsuits made by senior government officials including a politician, the government, the president, and etc. As results, the defamation lawsuits of politicians and senior government officials showed specially noteworthy matters in salvation (damage suits), the amount claimed, court costs, ratio of winning lawsuits, and etc. The result on the tendency of the court decision showed the following matters in confusion: it holds the media responsible for the burden of proof by applying the inappropriate criterion; The applied laws, especially in the inferior court decision, do not show the consistency of the burden of proof between the misconception/ intention (malice)/ accident/ purpose of slander on the legal principles of public figures. Therefore, this study suggests the court to apply an appropriate law, let alone regulating the Anti-SLAPP law, so that it curtails the rights of public figures; limits the salvation of damage suit; and protects the right only in the case of false accusation by applying the existing law of "the Protection of the Deceased's Defamation Law." In order to dissolve the confusion when applying the laws on the public figures, the study insists the court to positively apply the Constitutional Court made criterion on "people" and "content." The study also insists to distinguish "intention(malice)," "accident," and "purpose of slander" and variant sorts of the burden of proof should be applied to each.

• Journal of the Korean School Mathematics Society
• /
• v.14 no.3
• /
• pp.355-375
• /
• 2011

This paper was designed for the purpose of helping the functional comprehension on the concept of a circumcenter and an incenter of triangle and offering the help for teaching-learning process on their definitions. We analysed the characteristic of the definition on a circumcenter and an incenter of triangle and studied the context, mean and purpose on the definition. The definition focusing on the construction is the definition stressed on the consistency of the concept through the fact that it is possible to draw figure of the concept. And this definition is the thing that consider the extend of the concept from triangle to polygon. Meanwhile this definition can be confused because the concept is not connected with the terminology. The definition focusing on the meaning is easy to memorize the concept because the concept is connected with the terminology but is difficult to search for the concept truth. And this definition is the thing that has the grounds on the occurrence but is taught in a made-knowledge. The definition focusing on both the construction and meaning is the definition that the starting point is vague in the logical proof process. We hope that the results are used to improve the understanding the concept of a circumcenter and an incenter of triangle in the field of mathematical education.

• Journal of Intelligence and Information Systems
• /
• v.11 no.1
• /
• pp.123-151
• /
• 2005

In the world of Web pages, there are oceans of documents in natural language texts and tables. To extract rules from Web pages and maintain consistency between them, we have developed the framework of XRML(extensible Rule Markup Language). XRML allows the identification of rules on Web pages and generates the identified rules automatically. For this purpose, we have designed the Rule Identification Markup Language (RIML) that is similar to the formal Rule Structure Markup Language (RSML), both as pares of XRML. RIML is designed to identify rules not only from texts, but also from tables on Web pages, and to transform to the formal rules in RSは syntax automatically. While designing RIML, we considered the features of sharing variables and values, omitted terms, and synonyms. Using these features, rules can be identified or changed once, automatically generating their corresponding RSML rules. We have conducted an experiment to evaluate the effect of the RIML approach with real world Web pages of Amazon.com, BamesandNoble.com, and Powells.com We found that $97.7\%$ of the rules can be detected on the Web pages, and the completeness of generated rule components is $88.5\%$. This is good proof that XRML can facilitate the extraction and maintenance of rules from Web pages while building expert systems in the Semantic Web environment.

• MISULJARYO - National Museum of Korea Art Journal
• /
• v.97
• /
• pp.14-54
• /
• 2020

The overall study of Samsaebulhoedo (painting of the Assembly of Buddhas of Three Ages) at Yongjusa Temple has focused on dating it, analyzing the painting style, identifying its painter, and scrutinizing the related documents. However, its greater coherence could be achieved through additional support from empirical evidence and logical consistency. Recent studies on Samsaebulhoedo at Yongjusa Temple that postulate that the painting could have been produced by a monk-painter in the late nineteenth century and that an original version produced in 1790 could have been retouched by a painter in the 1920s using a Western painting style lack such empirical proof and logic. Although King Jeongjo's son was not yet installed as crown prince, the Samsaebulhoedo at Yongjusa Temple contained a conventional written prayer wishing for a long life for the king, queen, and crown prince: "May his majesty the King live long / May her majesty the Queen live long / May his highness the Crown Prince live long" (主上殿下壽萬歲, 王妃殿下壽萬歲, 世子邸下壽萬歲). Later, this phrase was erased using cinnabar and revised to include unusual content in an exceptional order: "May his majesty the King live long / May his highness the King's Affectionate Mother (Jagung) live long / May her majesty the Queen live long / May his highness the Crown Prince live long" (主上殿下壽萬歲, 慈宮邸下壽萬歲, 王妃殿下壽萬歲, 世子邸下壽萬歲). A comprehensive comparison of the formats and contents in written prayers found on late Joseon Buddhist paintings and a careful analysis of royal liturgy during the reign of King Jeongjo reveal Samsaebulhoedo at Yongjusa Temple to be an original version produced at the time of the founding of Yongjusa Temple in 1790. According to a comparative analysis of formats, iconography, styles, aesthetic sensibilities, and techniques found in Buddhist paintings and paintings by Joseon court painters from the eighteenth and nineteenth centuries, Samsaebulhoedo at Yongjusa Temple bears features characteristic of paintings produced around 1790, which corresponds to the result of analysis on the written prayer. Buddhist paintings created up to the early eighteenth century show deities with their sizes determined by their religious status and a two-dimensional conceptual composition based on the traditional perspective of depicting close objects in the lower section and distant objects above. This Samsaebulhoedo, however, systematically places the Buddhist deities within a threedimensional space constructed by applying a linear perspective. Through the extensive employment of chiaroscuro as found in Western painting, it expresses white highlights and shadows, evoking a feeling that the magnificent world of the Buddhas of the Three Ages actually unfolds in front of viewers. Since the inner order of a linear perspective and the outer illusion of chiaroscuro shading are intimately related to each other, it is difficult to believe that the white highlights were a later addition. Moreover, the creative convergence of highly-developed Western painting style and techniques that is on display in this Samsaebulhoedo could only have been achieved by late-Joseon court painters working during the reign of King Jeongjo, including Kim Hongdo, Yi Myeong-gi, and Kim Deuksin. Deungun, the head monk of Yongjusa Temple, wrote Yongjusa sajeok (History of Yongjusa Temple) by compiling the historical records on the temple that had been transmitted since its founding. In Yongjusa sajeok, Deungun recorded that Kim Hongdo painted Samsaebulhoedo as if it were a historical fact. The Joseon royal court's official records, Ilseongnok (Daily Records of the Royal Court and Important Officials) and Suwonbu jiryeong deungnok (Suwon Construction Records), indicate that Kim Hongdo, Yi Myeong-gi, and Kim Deuksin all served as a supervisor (gamdong) for the production of Buddhist paintings. Since within Joseon's hierarchical administrative system it was considered improper to allow court painters of government position to create Buddhist paintings which had previously been produced by monk-painters, they were appointed as gamdong in name only to avoid a political liability. In reality, court painters were ordered to create Buddhist paintings. During their reigns, King Yeongjo and King Jeongjo summoned the literati painters Jo Yeongseok and Kang Sehwang to serve as gamdong for the production of royal portraits and requested that they paint these portraits as well. Thus, the boundary between the concept of supervision and that of painting occasionally blurred. Supervision did not completely preclude painting, and a gamdong could also serve as a painter. In this light, the historical records in Yongjusa sajeok are not inconsistent with those in Ilseongnok, Suwonbu jiryeong deungnok, and a prayer written by Hwang Deok-sun, which was found inside the canopy in Daeungjeon Hall at Yongjusa Temple. These records provided the same content in different forms as required for their purposes and according to the context. This approach to the Samsaebulhoedo at Yongjusa Temple will lead to a more coherent explanation of dating the painting, analyzing its style, identifying its painter, and interpreting the relevant documents based on empirical grounds and logical consistency.