• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.34
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• pp.27-52
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• 2007

As in more than half of the litigated cases, non-conformity of the goods is alleged by the buyer and, hence, the question aries of whether the buyer has given notice within a reasonable time and is thus allowed to rely on the lack of conformity at all, differences in interpreting the meaning of "reasonable time" in Article 39(1) CISG endanger uniformity of international sales law in a core area. This uniform interpretation of the "reasonable time" in Article 39(1) CISG can, however, not be achieved by merely making recommendations to courts and arbitral tribunals that case law from other CISG jurisdictions should be considered. This can at best lead to confusing results. As you know, the determining of reasonable time is depending on the circumstances concerned with the particular case. So the term 'reasonable time' has proven too imprecise due to its flexibility without defined uniform scale to assist the practitioners in a uniform application of Art. 39(1). Therefore I suggested the factors that influenced the determining of the reasonable time. The factors currently influencing whether an Art. 39(1) notice is given within reasonable time in international practice are: any international trade usage and practices, the nature of the remedy chosen by buyer, the nature of the goods delivered and the mode of dealing with the goods.

• Journal of Korea Technology Innovation Society
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• v.15 no.3
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• pp.700-721
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• 2012

This paper deals with methods for determining the reasonable royalty rates in the valuation of patents. To calculate the reliable reasonable royalty rate of a patent, we review pros and cons of the 25% rule royalty calculating method and the recent trend of this method. We also review the game theory of Nash Bargaining equation and review the Investment of Rate of Return Method according to the financial analysis. Next, we refer to the reasonable royalty damage cases among the recent patent infringement cases in USA and analyze the corresponding patents. We extract the patent indicators from the patent bibliographic information. Finally, we obtain a regression model for calculating a reasonable royalty rate using the patent indicators and the reasonable royalty rates in the recent patent infringement cases.

• Journal of rehabilitation welfare engineering & assistive technology
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• v.10 no.2
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• pp.113-118
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• 2016

This study was aimed to analyze the Influence of Reasonable Accommodation on the Employment Probability and Job Retention of the People with disabilities. Survey on the employment discrimination of people with disabilities was utilized. The methodologies used in the study are logistic regression estimating job probability, multiple regression to evaluate job retention. As a result, reasonable accommodation for initial exam was not statistically significant on the employment probability. While, exam process reasonable accommodation was statistically significant on the employment probability. For job retention, recruit accommodation, workplace access accommodation were not significant on the job retention. While, company regulation and job adjustment was statistically significant on the job retention. It is necessary to be provided with reasonable accommodations in the direction of increasing the employment and strengthening job retention of people with disabilities. There is a need to support and expand the reasonable accommodation to the employer by the policy.

• Journal of Arbitration Studies
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• v.32 no.4
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• pp.33-51
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• 2022

According to the CISG, there are no special regulations for a reasonable period of time among the obligations to notify the contractual suitability of the goods. As a result, many disputes arise in 'notification within a reasonable period' despite being the most important treaty in practice in defining the obligation to notify nonconformities according to the suitability of goods for each case. Regarding the interpretation of Article 39 of the CISG, various judgments and arbitration decisions are being made in each country for a reasonable period to notify that the goods are not suitable for the contract.There are criticisms that these various views are too harsh on the buyer in the buyer's obligation to notify.It is important to create a unified principle because courts or arbitration agencies of the Contracting States of this Convention interpret in various ways the reasonable period of violation of the contract of goods stipulated in the Convention. Since most of the international commodity trading transactions around the world are regulated by the CISG, it is necessary to analyze and interpret cases in which this Convention is applied in court or arbitral tribunal of each country to derive a unified principle.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.76
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• pp.125-145
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• 2017

Where an insurer has unreasonably refused to pay a claim or paid it after unreasonably delay, the existing law in England does not provide a remedy for the insured. Accordingly, the insured is not entitled to damages for any loss suffered as a result of the insurer's unreasonable delay. This legal position differs from the law in Scotland and most major common law jurisdictions. LC thought that the legal position in England is anomalous and out of step with general contractual principles. LC considered that a policyholder should have a remedy where an insurer has acted unreasonably in delaying or refusing payment of claim, and, therefore, recommended a statutory implied term in every insurance that the insurer will pay sums due within a reasonable time and breach of that term should give rise to contractual remedies, including damages. More detailed recommendations of LC are as followings. First, it should be an implied term of every insurance contract that, where an insured makes a claim under the contract, the insurer must pay sums due within a reasonable time. Secondly, a reasonable time should always include a reasonable time for investigating and assessing a claim. Although a reasonable time will depend on all the relevant circumstances, for example, the following things may need to be taken into account, that is, (1) the type of insurance, (2) the size and complexity of the claim, (3) compliance with any relevant statutory rules or guidance, and (4) factors outside the insurer's control. Thirdly, if the insurer can show that it had reasonable grounds for disputing the claim(whether as to pay or not, or the amount payable), the insurer does not breach the obligation to pay within a reasonable time merely by failing to pay the claim while the dispute is continuing. In those circumstances, the conduct of the insurer in handling the dispute may be a relevant factor in deciding whether the obligation was breached and, if so, when. Fourthly, Normal contractual remedies for breach of contract should be available for breach of the implied term to pay sums due within a reasonable time. Finally, In non-consumer insurance contracts, the insurer should be permitted to exclude or limit its liability for breach of the obligation to pay sums due within a reasonable time, unless such breach was deliberate or reckless, and such an insurer's right to contract out will be subject to satisfying the transparency requirements.

• Journal of Families and Better Life
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• v.19 no.5
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• pp.189-202
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• 2001

The purpose of this study was to investigate the effects of perceived parents-adolescent communication style on adoescent’s self-efficacy. The subjexts of this study were 625 students selected at random from first and second grade of high school in Daegu. A questionnaire was used as survey method. Factor analysis, MANOVA and cluster analysis for data analysis and Scheffe test for post-hoc analysis were employed. The man findings were as follows: Firs, there were significant differences in the degree of adolescent’s self-efficacy according to perceive father-adolescent communication style. In case that adolescents perceived their father’s communication style as reasonable, the degree of self-control, self-confidence and attribution were higher than those of other cases such as non-interferential or impulsive communication style. The adolescents who perceived the father’s communication style as reasonable showed higher preference of difficult task than those who perceived it as non-interferential style. The adolescents who perceived father’s communication style as reasonable and non-interferential showed higher attribution than those who perceived it as impulsive style. Second, there were significant differences in the degree of adolescent’s self-efficacy according to perceived mother-adolescent communication style. In case that adolescents perceived their mother’s communication style as reasonable, the degree of self-control was higher than that of other cases such as non-interferential and impulsive communication style. The adolescents who perceived their mother’s communication style as reasonable showed higher self-confidence than those who perceived as impulsive style.

• The Transactions of the Korean Institute of Electrical Engineers A
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• v.49 no.3
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• pp.124-135
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• 2000

This paper presents reasonable evaluation technique to determine system configuration of underground distribution system. To set up reasonable evaluation for a certain object region, it is necessary for methodology to access accurately factors such as economics, reliability, customer interruption cost, implementation and flexibility about proposed various configuration of underground distribution system. But it is difficult to evaluate factors as above-mentioned since there is no criterion to assess them in our country. Accordingly, having completed the technical and economical analysis and customer interruption cost of various types of system, this paper presents the most reasonable results to get the optimal configuration of underground distribution system. Also, this paper presents possible methodology which can be applied other areas having a different load characteristics by application actually making a selection Myungdong as sample area.

• Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
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• v.15 no.6
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• pp.89-96
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• 2001

This paper presents a decision making technique of reasonable $O_2$quantity needed to resolve organic matter via microbe in wastewater treatment. Decision making system of inferring reasonable $O_2$quantity consists of three parts. The first part is to compute reasonable $O_2$quantity with given process data. The second part is to find output features of processed wastewater using process model when $O_2$quantity is changed to a value inferred from decision making system. The third part is to show the results of decision making system. In order to verify performance of proposed decision making system computer simulation was done with process data gathered during 40 days. Simulation result shows that $O_2$quantity can be reduced over 10% under the condition of satisfying the specifications for processed wastewater.

• The Korean Society of Law and Medicine
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• v.9 no.1
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• pp.165-196
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• 2008

Recently the Supreme Court held that "in cases in which a patient suffering from a mental disorder attempts to commit suicide, fails, and then succeeds in a subsequent attempt, the following circumstances must be present in order to acknowledge reasonable causation between the negligence of the hospital with regards to taking care of the patient and the death of the patient; there must have existed negligence on the part of the hospital with regards to their failure to stop the 1stsuicide attempt, injurious aftereffects must have been caused to the patient by the1stsuicide attempt, and said aftereffects must have been the main cause for the 2nd successful suicide attemtp." This, in effect, lessens the requirements of past holdings of the Supreme Court which held that "to acknowledge reasonable causation between the negligence of the hospital and the patient that commits suicide, the patient must have experienced such severe physical and mental suffering from the previous attempt so that they could not help but choose to commit suicide". The fact that the Supreme Court did not clearly state such changes in their view on this matter should be corrected. Also, the fact that the court only held the hospital liable for damages of less than 50 million won, only calculating damages up to the point when the deceased passed, is inadequate compared to other cases and should be corrected.

• Korean Institute of Interior Design Journal
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• v.16 no.2 s.61
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• pp.71-78
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• 2007

This study began from the idea that new materials and awareness in the modern society demand new methods in architecture and focused on diagrams as the tool many modern architects use in their process of architectural design. Therefore, the purpose is re-finding the potential of diagrams as profilerating architectural design media by examining mentions of architects about diagrams, investigating diagrams used in design process and treating comments referring to diagrams, by redefining the meaning of the contemporary architecture and of diagrams in architecture, and by grasping the various methods of use and its process. The design process using diagrams produces synthetic or reasonable process dissimilar to previous processes. Where diagrams are mainly used as tools to relate the segregated parts compressively. On the other hand reasonable process concerns reasonable design advancement to satisfy various requirements or conditions in reality, where diagrams are used as tools offering its phase in the whole structure of various information and relating steps of design each other. Dealing synthetically in the various steps of design process with the various properties originally obtained, proposing a new type of architecture by increasing thoughts and leaving the design process open-fluid, offering process and results having the same value as design process, and satisfying requirements in reality most reasonably, diagrams working in the above-mentioned design process have the potential to narrow the schism among theory, practice and criticism in contemporary architecture.