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The Development and Application of Lex Mercatoria in the international commercial transaction : Focus on CISG and PICC Principles (국제물품매매계약에 있어서 상관습법(Lex mercatoria)의 발전과 전개, 그리고 향후 과제 - CISG와 PICC 원칙을 중심으로 -)

  • Jung, Jae-Woo;Lee, Kil-Nam
    • Korea Trade Review
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    • v.41 no.5
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    • pp.15-39
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    • 2016
  • Over the past couple of decades, we can see the emergence of a new lex mercatoria. It consists of international conventions or treaty, model laws and international principles. And such new lex mercatoria is driven by the international institutions such as UNCITRAL, UNIDROIT and ICC. The international convention and international principles in the field of international commercial transaction are considered : UN Convention on Contracts for the International Sale of Goods(CISG) and The UNIDROIT Principles(PICC Principles). The former is the statue law for the latter, and the latter sometimes supports the former as an interpretation and supplementation of CISG. So, the purpose of this article is to evaluate and investigate the current status of CISG and PICC Principles in terms of application and interpretation principles. The results are as follows. First, PICC are used for the interpretation and supplementation of international law such as CISG, but CISG is a law, not a rule. Second, CISG and PICC Principles are not often chosen when parties chose the law governing their contract. The parties very often chose a national law ; the number of the parties choosing CISG and PICC Principles as a governing law was very low.

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A Study on the Resolution of Trade Disputes by Mediation (조정에 의한 무역분쟁의 해결방안 고찰)

  • Jang, Eun-Hee;Hwang, Ji-Hyeon
    • Korea Trade Review
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    • v.43 no.5
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    • pp.139-158
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    • 2018
  • As trade volume increases and the business environment becomes more complex and competitive, international trade disputes are also increasing and becoming more complex. Parties need to become more aware of alternatives to costly and time consuming arbitration and litigation. The ADR (Alternative Dispute Resolution) can encompass all dispute resolution processed and can act as a substitute for traditional litigation. Mediation, a type of ADR, offers an amicable dispute settlement mechanism between concerned parties through a natural mediator. There are several strong points of mediation compared with litigation or arbitration. First of all, mediation can take place without having to complete time-consuming and expensive discovery processes associated with litigation. In addition, since mediation is considered a private process, the dispute can remain out of the public eye. It can be embarrassing and disrupt business when customer or suppliers learn that a company is involved in litigation. Lastly, mediation is less adversarial than litigation or arbitration, so the parties often can salvage their relationships. Often the parties to mediation find themselves continuing to conduct business. In spite of such benefits of mediation, it is less used in Korea and therefore, this article aims to promote the mediation system in international trade disputes. However, this paper has limitation, for example, why ADR is not used well in Korea and need to suggest how ADR can work best in international trade disputes.

A Comparative Study on the Burden of proof between Korea and the USA under the Product Liability (제조물책임법상 입증책임에 관한 한·미 간 비교연구)

  • Ha, Choong-Lyong;Kim, Eun-Bin
    • Korea Trade Review
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    • v.43 no.3
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    • pp.101-124
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    • 2018
  • After the establishment of the Korean Product Liability Act, a new clause on the burden of proof has been added and is being revised to meet the purpose of consumer protection. Article 3(2) of the new clause stipulates a provision for estimating a causal relationship when proving indirect facts to alleviate burden of proof. While consumer rights are increasing and public attention is drawn to consumer issues, problems are still emerging. In order to solve the problem, the U.S. Product Liability Act, which has strong consumer rights, was examined to describe the direction in which Korea's Product Liability Act should proceed in terms of consumer protection. The results of the comparative analysis show that the US has expanded the concept of strict liability in terms of rigorous liability, consumer dispute resolution, provable possibility, and litigation accessibility, The consumer dispute settlement system has thoroughly protected consumers by operating educational and systemic consumer ADR system. As for the possibility of proving, Korea has three provenances, and the United States has one. In the United States, where consumer lawsuits are frequent, lawsuits are more accessible than those in Korea, where the party responsible for proving is turned into a manufacturer and responsible for proving the case. This study focuses on consumer protection and provides implications for Korean product liability law.

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Review in terms of the earthen wall stamped technique in the Three Kingdoms period (삼국시대 토성 판축기법 용어 검토)

  • SHIN Heekweon
    • Korean Journal of Heritage: History & Science
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    • v.55 no.4
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    • pp.38-53
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    • 2022
  • In this article, I have summarized and reviewed the concepts and terms surrounding the stamped construction technique, focusing on earthen walls in the Three Kingdoms period. This is because confusion is caused by defining the nature of the earthen walls by using various concepts and terms for each researcher regarding the substance and construction method of the earthen walls. The stamped earth method is a representative ancient civil engineering or construction technique in which a frame is made of plates to form a fortress wall, a fence, and the base of a building, and then soil or sand is poured into it layer by layer and then stamped with a bat to make it solid. Therefore, in order to prove that the earthen wall was built by the stamped earth method, evidence such as a narrow plate, a column for fixing it, long horizontal and vertical wood pieces to support the narrow plate, and traces of pounding the soil must be detected. However, in Korea, there are very few cases where such evidence has been fully excavated, so it is necessary to agree on how strictly the standards for the stamped earth method will be applied. The terms related to the stamped technique mobilized for the construction of the earthen walls were explained with actual examples by dividing the terms related to the concept into terms related to the principle and unit of the stamped plate, and the specific stamped technology. In particular, in Pungnabtoseong Earthen wall, a variety of typical and diverse methods of building the ancient stamped earthen wall were identified so that decisive data could be secured to understand the principles and techniques of the stamped earthen wall. In the future, a more general understanding of the stamped technique will be possible only when more evidence related to it is found in relics other than Pungnabtoseong Earthen wall.

Conservation Plan and Historic Site Designation Strategy of Celadon Kiln Site in Banam-ri, Gochang (고창 반암리 청자요지의 보존 방안과 사적 지정 전략)

  • SIN Mincheol
    • Korean Journal of Heritage: History & Science
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    • v.56 no.1
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    • pp.208-223
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    • 2023
  • This article was prepared for the purpose of reviewing maintenance plans and strategies for designating the celadon kiln site in Banam-ri, Gochang, a monument designated by the city and province as a historical site. Prior to the discussion, the high academic potential of this site, which is attracting attention as a main point of early celadon main point, was explained, and expectations for the future designation of the monument were reviewed. Next, the current status of preservation and maintenance plans of the celadon kiln site in Banam-ri, Gochang were examined. In particular, the current preservation situation was reviewed through an on-site survey on how the ruins, which have not been designated as a monument, should be maintained for historical designation in the future. Above all, it was argued that it was necessary to conduct excavation and literature surveys to clarify the characteristics of the ruins, investigate the surrounding areas, improve information facilities for visitors, and carry out promotion in connection with them. Finally, the definition of historical sites and the status of historical designation of ceramic kilns, along with the strategies necessary for designation, were presented. In particular, the examples of the existing historical designated celadon kiln site in Dotong-ri, Jinan, and Buncheong Kiln Site in Undae-ri, Goheung were reviewed, and three types of excavation surveys, literature surveys, and academic conferences were presented as the target directions for historical designation. The result of the excavation survey is the basis for suggesting that it has cultural property values with completeness, authenticity, and identity. The literature survey is the basis for supplementing the historical and cultural character of the remains that have not been revealed by excavation. The academic conference explained that it is an opportunity to understand the nature and value of cultural assets, such as the location of cultural assets, the status of relics, and events related to relics.

Examining the Disparity between Court's Assessment of Cognitive Impairment and Online Public Perception through Natural Language Processing (NLP): An Empirical Investigation (Natural Language Processing(NLP)를 활용한 법원의 판결과 온라인상 대중 인식간 괴리에 관한 실증 연구)

  • Seungkook Roh
    • The Journal of Bigdata
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    • v.8 no.1
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    • pp.11-22
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    • 2023
  • This research aimed to examine the public's perception of the "rate of sentence reduction for reasons of mental and physical weakness" and investigate if it aligns with the actual practice. Various sources, such as the Supreme Court's Courtnet search system, the number of mental evaluation requests, and the number of articles and comments related to "mental weakness" on Naver News were utilized for the analysis. The findings indicate that the public has a negative opinion on reducing sentences due to mental and physical weakness, and they are dissatisfied with the vagueness of the standards. However, this study also confirms that the court strictly applies the reduction of responsibility for individuals with mental disabilities specified in Article 10 of the Criminal Act based on the analysis of actual judgments and the number of requests for psychiatric evaluation. In other words, even though the recognition of perpetrators' mental disorders is declining, the public does not seem to recognize this trend. This creates a negative impact on the public's trust in state institutions. Therefore, law enforcement agencies, such as the police and prosecutors, need to enforce the law according to clear standards to gain public trust. The judiciary also needs to make a firm decision on commuting sentences for mentally and physically infirm individuals and inform the public of the outcomes of its application.

Body Movement as Identity: The Meaning of the 'Bodily Culture' of Older Men at Jongmyo Park (정체성으로서의 몸짓: 종묘공원 노년 남성들의 '몸짓문화'의 의미)

  • Chung, Gene-Woong
    • 한국노년학
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    • v.31 no.1
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    • pp.157-170
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    • 2011
  • The purpose of this article is to examine how the 'bodily culture' of older men who gather at Jongmyo Park serves to express and solidify their sense of a enduring self. The research was carried out based on the anthropological methods of participant observation and in-depth interviews at Jongmyo park and its adjacent areas. In later life, the image of a continuous self becomes harder to achieve due to the ageism prevalent in modern societies. The situation is worse at Jongmyo park since the park itself has been stigmatized as "the extraterritorial zone for the old" by the media due to the boisterous atmosphere of the park. It is dubbed as a place for those who have nowhere else to go. The singing and dancing, which used to be the dominant forms of activities at the park among older men until the 'sanctification' project propelled by the government, serves as an antidote against the ageist tendency to subjugate them. The 'bodily culture' embodies these men's image of themselves as a continuous being which has not been tarnished by the passage of time. The approach of 'body hermeneutics' is required to interpret the experiences of the body in later life.

Ingroup's Apology For Past Wrongdoing Can Increase Outgroup Dehumanization (과거 잘못에 대한 집단 간 사과의 역설적 효과: 외집단 비인간화를 중심으로)

  • Hyeon Jeong Kim;Sang Hee Park
    • Korean Journal of Culture and Social Issue
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    • v.25 no.1
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    • pp.79-99
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    • 2019
  • Apologies are used with increasing frequency for mending damaged relations between groups after intergroup conflict. Past research revealed that members of a perpetrator group may engage in (animalistic) dehumanization of victim group members to cope with guilt and responsibility associated with the ingroup's past wrongdoing. We hypothesized that ingroup's apology would relieve perpetrator group members of the moral threat, and therefore would make them perceive more humanness in the victim group members. The study was conducted in the context of South Korea's alleged atrocities against Vietnamese civilians during its military involvement in the Vietnam War. Korean participants read an article on the incidents with Korean government's issuance of an official apology manipulated, and reported their thoughts on the incidents and perceptions of Vietnamese people including their humanness. Contrary to our prediction, apology further enhanced dehumanization of Vietnamese people, even while it also decreased dehumanization through heightened feelings of relief. This study documents a seemingly ironic effect of intergroup apology, and calls for a more careful examination of the consequences of apology before recommending it as a viable strategy for alleviating intergroup tensions.

Educational achievement in Korean society (II): Psychological analysis of academic success of Korean adolescents (한국 사회와 교육적 성취 (II): 한국 청소년의 학업성취에 대한 심리적 토대 분석)

  • Uichol Kim;Youngshin Park
    • Korean Journal of Culture and Social Issue
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    • v.14 no.1_spc
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    • pp.63-109
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    • 2008
  • This article examines psychological factors that contribute to educational achievement of Korean adolescents. By reviewing empirical research, three core areas are outlined. First, positive and negative roles that Korean society play on academic achievement are analyzed. Compared to other countries, Korean society places a high premium, pressure an investment on educational achievement. This has contributed to the rapid economic growth and development, but at the same time it has created numerous social problems. Second, psychological and relational dynamics of investing in and achieving success in education are delineated. Through indigenous psychological analysis, the role parents play in motivating and regulating their children to succeed academically is reviewed. In addition, the role of teachers and friends and the coordinated efforts of Korean society are outlined. Third, future directions and transformations in education that are needed in Korean society are discussed. Although Korean adolescents are high achievers in high school, this is not the case at the university level. Since Korean students are interested in entering a prestigious university, they have developed skills in doing well in standardized tests. Educational reforms need to take into consideration individuals' personal interests, skills and creativity to ensure that the knowledge that they acquired can be used to further their career and improve their subjective well-being. Educational transformation does not imply simply adopting Western models, but developing indigenous models that can maximize human and cultural potential and stimulate curiosity, diversity and creativity that are necessary in the global era.

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Understanding and Trends of Roll-to-Roll Operation (롤투롤 공정의 이해 및 동향)

  • Yeong-Woo Ha;Gi-Hwan Kim;Dong-Chan Lim
    • Journal of the Korean Institute of Electrical and Electronic Material Engineers
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    • v.37 no.1
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    • pp.36-42
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    • 2024
  • Roll-to-roll processing holds an integral position within the manufacturing landscape, and its significance reverberates across numerous industries. This versatile technology platform encompasses a diverse array of process methods and accommodates a wide spectrum of material categories, making it a cornerstone of modern production. Within this expansive domain, two commonly employed coating techniques, namely the slot die and gravure coating methods, have earned their prominence for their precision and efficiency in delivering flawless coatings. Additionally, the realm of drying processes relies heavily on thermal drying, infrared (IR) drying, and ultraviolet (UV) drying methods to expedite the transformation of materials from their liquid or semi-liquid states to solid, ready-to-use products. The undeniable importance of roll-to-roll processing lies in its ability to streamline manufacturing processes, reduce costs, and enhance product quality. This article embarks on a comprehensive journey to fathom the depth of this importance by delving into the intricacies of these common roll-to-roll process methods. Through rigorous research and meticulous data collection, we aim to shed light on the pivotal role these techniques play in shaping various industries and advancing the world of manufacturing. By understanding their significance, we can harness the full potential of roll-to-roll processing and pave the way for innovation and excellence in production.