• 무역상무연구
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• 제34권
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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.

• 기술혁신학회지
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• 제15권3호
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• pp.700-721
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• 2012

본 연구는 특허권의 경제적 가치를 산정하는데 있어서, 합리적인 로열티율을 구하기 위한 방법에 관한 것이다. 특허권 자체의 합리적인 로열티율을 산정하기 위해, 기존의 25% 룰의 장단점과 최근 동향을 살펴보았으며, 내쉬 협상 방정식의 게임이론을 이용한 산정방법과 재무분석을 통한 투자수익률 방법을 적용하여 합리적인 로열티율을 산출하였다. 손해액 산정 모형에서는 최근의 미국 특허침해 손해액 산정 시 실시료 상당액으로 판결한 미국 법원의 판례를 이용하여 당해 침해 관련 특허를 분석하고, 각 특허의 서지(書誌)사항 항목에서 특허지표를 추출해서 이를 회귀분석을 이용하여 개별 특허권의 합리적인 로열티율을 산정하는 모형을 제시하고 미국의 판례자료를 이용한 분석결과를 제시하였다.

• 재활복지공학회논문지
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• 제10권2호
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• pp.113-118
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• 2016

본 연구는 정당한 편의가 장애인의 취업 확률 및 직업유지에 영향이 있는 지를 밝히는 데 그 목적이 있다. 분석에는 장애인 고용차별 실태조사 자료가 이용되었다. 분석방법은 취업확률은 로지스틱 회귀분석, 직업유지는 다중 회귀분석 방법을 사용하였다. 분석결과, 취업 확률의 경우 채용 시험 이후 단계의 정당한 편의는 장애인의 취업 확률에 영향이 없는 것으로 나타나는 반면, 채용시험 이전 단계의 정당한 편의는 장애인의 취업 확률에 긍정적인 영향을 나타냈다. 직업 유지 영향의 경우, 모집채용 편의, 사업장 접근성 편의는 고용유지에 영향이 없는 반면, 회사 방침 변경 및 직무조정은 직업유지에 긍정적인 것으로 나타났다. 이러한 결과에 따라 장애인의 취업 가능성을 높이고 직업유지를 증가시키는 방향으로 정당한 편의를 제공할 필요가 있으며, 정책적으로는 정당한 편의에 대한 사업주 지원을 확대할 필요가 있다.

• 한국중재학회지:중재연구
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• 제32권4호
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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.

• 무역상무연구
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• 제76권
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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.

• 가정과삶의질연구
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• 제19권5호
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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.

• 대한전기학회논문지:전력기술부문A
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• 제49권3호
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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.

• 조명전기설비학회논문지
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• 제15권6호
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• pp.89-96
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• 2001

본 논문에서는 생물학적 반응을 이용한 하수처리에서 미생물의 유기물 분해 반응에 필요한 적정 폭기량을 판단하는 기법을 제안한다. 적정 폭기량의 판단 시스템은 크게 세가지 부분으로 구성된다. 첫 번째는 주어진 운전데이터로부터 적정 폭기량을 판단하는 기능이며, 두 번째는 투입 폭기량을 판단된 적정 폭기량으로 변경했을 때의 처리 성능을 하수 처리 과정의 모델을 이용하여 계산하는 부분이고, 세 번째는 판단 결과를 보여주는 부분이다. 40일 동안의 하수처리장 운전데이터를 이용하여 제안된 판단 시스템의 성능을 확인하여 본 결과, 하수처리의 목적을 달성하면서도 폭기량을 10%이상 절감할 수 있음을 보였다

• 의료법학
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• 제9권1호
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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.

• 한국실내디자인학회논문집
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• 제16권2호
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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.