• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.74
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• pp.1-23
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• 2017

The buyer must examine the goods, or cause them to be examined, within as short a period as is practicable in the circumstances. Article 38 lays down a fundamental principle that requires the buyer to examine quickly the goods delivered by the seller. Article 38 (1) provides that the examination be made within as short a period as practicable in the circumstances. The goods have to be examined within as short a period as is practicable in the circumstances. The rule is based on the fundamental idea of reasonableness, meaning that the buyer must examine the goods as soon as reasonably possible. It may be said that the buyer should act reasonably fast. Article 38 (2), (3) concerns sales involving carriage of the goods, where the seller's obligation to deliver consists in handing the goods over to the first carrier for transmission to the buyer. In this case the buyer is generally able to examine the goods only after they have come to destination. Article 38 (3) takes into account the case where the buyer redirects the goods in transit or re-dispatches them to another destination. Redirection in transit occurs when the destination is changed before the goods are received by the buyer. The buyer could re-dispatch the goods without having them unloaded, or re-dispatch them through another carrier.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.699-720
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• 2016

In the past 10 years, there have been lots of misuses of the trademark system in China. For example, some Chinese companies have registered same or similar oversea's well-known trademark as a prior rights holder, and oversea's companies lost a chance to register their own trademarks or commence cases to acquire their own trademark determination in China. So Chinese government revised Chinese Trademark Law in 2014 to remedy these mistakes. Article 30 is intended to crack down on preemptive registration and compensate for the possible unfair consequences resulted from the principle of prior registration. Under the principle of prior registration, only where the unregistered trademarks of prior use have certain influence, and where the applicant of latter applied trademark knows or should know the prior trademark and the applicant has the bad faith of obtaining unjustified interests from goodwill of such unregistered marks, it shall be curbed by Article 30. Furthermore, trademark oppositions could be filed by anybody previously. Under the revised Trademark Law Article 44, oppositions based on absolute grounds can still be filed by anyone, but oppositions based on other available grounds can only be filed by a prior rights holder or a materially-interested party with undefined but similar to the standing requirement for filing nullities under Article 41 of the old law, and likely intended to cover trademark licensees and successors.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.109-132
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• 2009

The purpose of the introduction of this article is as follows. It was frequent to put a condition on the letter of credit without stating corresponding document. But these attempts are very dangerous to the letter of credit operation. That is, if these types of conditions would be permitted in letter of credit, the independence principle must be collapsed. So these conditions must be disregarded in order to safeguard the independence principle. It is why UCP600 article 14(h) writes that if a Credit contains a condition without stating the document(s) to be presented in compliance therewith, banks will deem such conditions as not stated and will disregard it. But scope of this article 14 should not be limited by the conditions which do not state the document to be presented in compliance therewith. That is, the purpose of this article is to preserve the independence principle, so, if it is impossible to ascertain satisfaction with a condition, it should be disregarded as the non-documentary condition, even if the condition is included in the letter of credit together with document to be presented. Conclusively, whether or not a condition would be regarded as the non documentary condition depends on whether compliance of such condition is ascertained by presented documents stipulated in the letter of credit.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.58
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• pp.149-177
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• 2013

This article introduces and briefly examines the Uniform Rules for Forfaiting (URF)(ICC Publication No. 800), which were prepared by a joint project of the Banking Commission of the International Chamber of Commerce (ICC) and the International Forfaiting Association (IFA), and became effective on January 1, 2013. Forfaiting is a kind of trade financing technic performed by way of a sale and purchase of payment claim between its seller and its buyer, the forfaiter, on a without recourse basis. URF is designed to facilitate global trade finance and embraces all the international payment instruments which are currently used and will be newly developed in the future. URF is expected to be a set of standardized terms and conditions for both the primary and secondary forfaiting markets. In this context, this article first looks into the concept of the forfaiting and certain features and structure of forfaiting transactions. Then this article moves to discussing URF itself. For this it examines (i) the nature and scope of URF and some important definitions provided in URF, (ii) some provisions of URF that apply to the delivery of documents to the forfaiter, the examination, and the acceptance or refusal, of such documents by the forfaiter, and (iii) the payment of purchase price by the forfaiter to its seller, including the matter of "payment under reserve" and repurchase by the seller from the forfaiter. Finally, this article examines liabilities of the parties concerned, before conclusion.

• Architectural research
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• v.13 no.1
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• pp.11-16
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• 2011

This article illuminates the relationship between the human being and the surrounding things by referring to the philosophy of Martin Heidegger and Maurice Merleau-Ponty. Criticizing our habitual approaches to apprehending 'what a thing is,' the two thinkers elucidate how 'what a thing is' can be understood only in conjunction with situations in the everyday and how humanity is joined with the qualities of the thing. In addition to the situated-ness of a thing, this article demonstrates the situated-ness of the human being, too, by referring to the notion of the horizon in the tradition of phenomenology. The last part of the paper discusses the basic premises of sustainability in reference to the situated-ness of both things and human beings. Framing natural things such as light as the alternative sources of energy propagandized in sustainability seems progressive. However, this attitude maintains fundamentally the same instrumental attitude we had towards nature, an attitude that has caused the current ecological crisis. By pointing this out, this article seeks to shape a ground for a broad spectrum of sustainability that embraces non-instrumental dimensions such as the practical, the ethical and the spiritual. This article also points out the limits of some of the currently available versions of ecology such as Shallow Ecology and Deep Ecology. In so doing, it seeks to lay out the parameters that any future version of sustainability and ecology needs to address.

• Journal of Environmental Science International
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• v.13 no.10
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• pp.871-882
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• 2004

Korea's national park system resembles that of Japan in many ways. In this study, National park Systems of the two countries are compared from a standpoint of their historical backgrounds to be formed and in aspect of its conservation by the main revision of national park laws in perspective. In conclusion it was found out that Korea's toleration-based regulations on building park amenities have gradually neglected the park conservation effort, whereas Japan's authorization-oriented regulations have streng thened their emphasis on park conservation. From the comparison as above, the polices to be modified for Korean national park are proposed as follows: 1. National park system, which values diversity of species, is to be proposed. For this, the Article 8 which allows a development of National parks, Enforcement Ordinance Article 4, The Article 18 of Law, Enforcement Regulation Article 6 & 7 of National Park Law should be reviewed for deletion and revision. 2. On the basis of the laws, zoning system should be readjusted by discriminated conservation policy. Also, the readjustment of zoning system should be enforced after thorough analysis and research on the value of natural resources in the national park. 3. Korea should closely review the recently revised Japanese laws on the national parks and nature revitalization promotion for applying them to conservation policy of Korean national parks.

• International Journal of Advanced Culture Technology
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• v.9 no.3
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• pp.352-359
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• 2021

The purpose of this study is to design and build fake news discrimination systems and methods using fact-checking guidelines. In other words, the main content of this study is the system for identifying fake news using Artificial Intelligence -based Fact-checking guidelines. Specifically planned guidelines are needed to determine fake news that is prevalent these days, and the purpose of these guidelines is fact-checking. Identifying fake news immediately after seeing a huge amount of news is inefficient in handling and ineffective in handling. For this reason, we would like to design a fake news identification system using the fact-checking guidelines to create guidelines based on pattern analysis against fake news and real news data. The model will monitor the fact-checking guideline model modeled to determine the Fact-checking target within the news article and news articles shared on social networking service sites. Through this, the model is reflected in the fact-checking guideline model by analyzing news monitoring devices that select suspicious news articles based on their user responses. The core of this research model is a fake news identification device that determines the authenticity of this suspected news article. So, we propose news article identification methods with fact-checking guideline on Artificial Intelligence & Bigdata. This study will help news subscribers determine news that is unclear in its authenticity.

• The Journal of Asian Finance, Economics and Business
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• v.9 no.9
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• pp.241-248
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• 2022

The current article examines the interactions among students' attitudes to e-learning, their implementation of e-learning in their studies, and learning effectiveness. Significantly, it emphasizes the mediating role of accepting e-learning in training. It applied reliability analyses to test the measurement of items and construct validity, using the research data collected from students at Vietnam National University of Ho Chi Minh. Then, the current article used multiple regressions to inspect the causal relations; and applied procedures to investigate the mediating influence. The empirical results indicate students' attitude to e-learning positively influences their implementation of e-learning in their studies. When students apply e-learning in their studies, they likely achieve the best possible training effectiveness. Statistical evidence on the mediating role of accepting e-learning in training by students on the linkage between their attitude to e-learning and training effectiveness is revealed in this article. The findings of this article make some contributions. For educational administrators, it offers insight into the links among students' attitudes to e-learning, their implementation of e-learning in their studies, and training effectiveness, which likely allows them to establish suitable online training programs. This will be beneficial to both learners and educational institutes.

• Journal of Korea Trade
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• v.26 no.5
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• pp.88-105
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• 2022

Purpose - This paper studies whether economic sanctions can be used as grounds for a party to an international sales contract to get an exemption if he fails to meet his contractual obligation. Because the answer can differ depending on the governing law of the contract, this study focuses on CISG, the most widely recognized international uniform legal instrument as the governing law of the international sale of goods. Design/methodology - This paper focuses on analyzing the conditions to meet before getting an exemption under CISG. For such analysis, this paper examined various scholarly writings, cases, and hypothetical examples reflecting a wide variety of economic sanction measures. Findings - The findings of this paper are as follows. The main provision for exemption under CISG is Article 79(1), which provides for an exemption for a party that failed to perform if such failure was caused by an impediment that was uncontrollable, unforeseeable, and unavoidable; either a seller or a buyer may rely on the Article for his non-performance, delay, or defective performance. The Article is applicable not only where the economic sanction caused impossibility of performance but also where it caused hardship. The economic sanction will likely be found to be an uncontrollable impediment; however, it will be relatively more difficult to prove it to be unforeseeable or unavoidable. Originality/value - The subject of this paper is whether a party can be exempted from liability under CISG when he fails to perform his contractual obligations due to economic sanctions. Given that this issue is now actually faced by many involved in international trade, it is expected to provide practical help to practitioners and companies alike.

• (The) Research of the performance art and culture
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• no.38
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• pp.5-31
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• 2019

This article aims to examine the concept and historical background of Applied Theatre and its major characteristics as a newly emerging theatrical practice in recent years. With these aims, the article chronicles the history of how Applied Theatre has developed and formed as an overarching umbrella term that encompasses different theatrical praxis. Given the ambiguity and confusion of this practice, the article argues the importance of recognizing the Applied Theatre's shifting paradigm of subject and object, a crucial element in understanding the practice. Further discussed is the exploration of 'community' in regards to comparing the similarities and differences among Applied Theatre, Community Theatre, and Community-based Performance. The article concludes that the essential comprehension of Applied Theatre's uniqueness comes from noticing and perceiving the paradigm shift that places participants and community as a subject of theatrical transaction rather than as an object, as traditional theatre has done so far.