• Journal of Korea Trade
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• v.26 no.7
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• pp.93-108
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• 2022

Purpose - This paper examines the admissibility of restitution as the legal consequence where a contract is frustrated under the Law of Reform (Frustrated Contracts) Act 1943 in comparison with Korean Civil Code (KCC). In order to provide practical guidelines and advice regarding choice of and application of law for contracting parties in international trade, the paper comparatively evaluates requirements and the scope of restitution under the Act 1943 and KCC. Design/methodology - This paper executes a comparative study to analyze whether the parties may claim restitution of money paid or non-money benefit obtained before or after the time of discharge under English law and KCC. To achieve the purpose, it focuses on the identifying characteristics of each statute, thereby providing guidelines to overcome difficulties in legal application and interpretation as to restitution as the consequence of frustration. Findings - Under English law, the benefit may be restituted according to Art 1943 or the common law rule, mistake of fact or law. Under the KCC, restitution is considered based on the principle of the obligation to recover the original obtained regardless of the time when the benefit is conferred. Whilst Act 1943 does not require careful analysis of the grounds of restitution, requirements to justify restitution according to the principle of unjust enrichment, mistake of fact or law, and the KCC should be met. Meanwhile, the KCC may provide more opportunities to award restitution because it does not require the burden of proof related to the defendant's good faith, unlike the principle of unjust enrichment. Originality/value - Where the contract is frustrated by the effect of COVID-19, one legal issue is a consequence of frustration. Therefore, this paper analyzes requirements and the scope of restitution under English law as compared with the KCC in a timely manner. It provides contracting parties with practical guidelines and advice to reduce unpredictability when they choose the governing law in a contract.

• Journal of the Korean Society of Safety
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• v.27 no.5
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• pp.30-34
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• 2012

A safety helmet is a personal protective equipment to protect the head from falling and flying objects. A safety helmet has the maximum delivered impact force as shock absorption performance, the lower delivered impact force the better performance, which was not a controlled variety during manufacturing safety helmet. Accordingly there were some difficulties in establishing the standard for improved performance as there was not a clear controllable impact force for improved performance. In this study the shock absorption performance was intended to be found as coefficient of restitution related to impulse. As a research method, a coefficient of restitution during the absorption of shock was calculated using the impulse transferred to pharynx utilizing the safety helmet shock absorption performance testing device based on the theory of momentum and impulse. The estimated impulsive force curve was derived assuming that shock was not absorbed using the measured data. The sample was selected as tested goods of ABS material for safety certification available mainly in the market. As a result of study, the maximum delivered impact force of safety helmet made by a domestic safety certified a company was 735 N, and its coefficient of restitution proved to be 0.64. The smaller coefficient of restitution is, the lower maximum delivered impact force and the higher shock absorption performance. The coefficient of restitution can be used as a performance index of safety helmet.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.25-62
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• 2014

Avoidance refers to the process of terminating a contract because of a non-performance. It implies the right of the aggrieved party to refuse to accept further performance by the other side and to refuse to perform one's own counter-obligations, on a permanent basis. The 1980 U.N. Convention on the International Sale of Goods, hereinafter 'CISG', regulates in Arts. 81-84 the effects of avoidance. The primary effect is that prescribed in Art. 81.1 CISG: both parties are released from their obligations under the contract, subject to any damages which may be due. As seen, the CISG deals with the legal consequences of avoidance, including restitutionary claims. However, a closer look to CISG provisions on restitution reveals that certain matters are left open. For instance, the CISG leaves open questions such as the costs, place and time where restitution is to be made. In this particular, the Convention remains silent as to the consequences of a delayed or refused restitution or the buyer's liability when the goods are damaged or destroyed after the avoidance. In light of the above, the present article attempts to determine the extent to which the modes of restitution are regulated in the CISG and how possible gaps are to be filled.

• Journal of the Semiconductor & Display Technology
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• v.14 no.4
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• pp.38-44
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• 2015

In this paper, numerical simulations on conical fluidized bed combustors were carried out to estimate the effect of coefficients of restitution between particle and particle and particle to wall on hydrodynamics and heat transfer. The Eulerian-Eulerian two-fluid model was used to simulate the hydrodynamics and heat transfer in a conical fluidized bed combustor. The solid phase properties were calculated by applying the kinetic theory of granular flow. Simulations results show that increasing the restitution coefficient between the particle and particle results in increasing the bed pressure drop. On other hand, the increasing of particle to wall coefficient of restitution results in decreasing the bed pressure drop. It is found that the coefficient of restitution has little effect on heat transfer.

• Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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• v.28 no.1
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• pp.117-124
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• 2010

Lots of changes in Weolmido have occurred in the historical and cultural aspects owing w the geographical features. This study aims at restoring Weolmido to the past shape three-dimensionally and analyzing its changes. For achieving this goal, I made use of paper maps made in 1918, 1928, and 1969, a digital map produced in 2008, and aerial photos photographed in 1954. And I attempted to grasp the architectural shape and the topographical limn by using photos in those times and put them to practical use for restitution. Image restitution was carried out under the method of mapping and photogrammetry. As the result of restitution, I could restore each shape of Weolmido for those past times to the original condition three-dimensionally and catch its changes according to the difference of times.

• The Journal of Korea Robotics Society
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• v.10 no.4
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• pp.200-212
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• 2015

In classical dynamics, the coefficient of restitution is one of variables to estimate the amount of impulse. In general, we have considered the coefficient of restitution as a constant value. However, coefficient of restitution (COR) is the function of contact material and colliding velocity. Furthermore, COR is also a function of contact area. Thus, without considering the variable characteristic of COR, the actual motion of an object just after impact is not the same as we expect. A general COR model is proposed in this work and its effectiveness is verified through a cart impact experiment and its result is applied to simulation of a ball impact problem. A three-degree-of-freedom manipulator is employed as a test-bed.

• Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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• v.4 no.2
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• pp.43-58
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• 1986

In a mapping, stereo-restitution of an aerial photogrammetric process, of which is a major factor for map-base preparation dominates the accuracy and the reliability of a topographical map. The majority of a map-base preparation has nowadays been carried out by an analogue method ie, by the stereo-plotter. In consequence, it is evident that the skilled, the level of technique and personal attitude of operator have influence upon observational error which relates the accuracy and the quality of a map. This research aims at detection and analysis of operator's carrier and types of stereoplotter. The test is also examined that the level of details and features of terrain would have influence on the accuracy of map. With the results. it is also considered that the field check has impact on map accuracy ; whether the field check prior to restitution or after restitution.

• Journal of Korean Library and Information Science Society
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• v.32 no.2
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• pp.21-57
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• 2001

During the ASEM(Asian-Europe Meeting) the president Kim Dae-jung have a conference with France president Jacques Chirac about the Waikyujanggak book restitution which the president Mitterand promised in 1993. The results of conference, equivalence of quality and quantity, have stirred up Korean public sentiment. The restitution of cultural asset is a very subtile problem in all of the country. The united Germany and from the Soviet Union dismantled Russia also have begun to discuss the library book restitution. These two countries had plundered library books each other during the World War II. To resolve the issue Germany and Russia are having several Round Table at governmental level and library expert level. However except Lituania and Georgia three are not many successful outcomes. This study based on the process of the book restitution the Germany and Russia being under way. Though our historical background is different from these two countries, we have a same problem.

• Journal of Korean Library and Information Science Society
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• v.41 no.2
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• pp.273-295
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• 2010

Germany has started restitution process for most of collections from its occupied countries after World War II which was strongly led by the United Nations. However, this process did not include many of the plundered Jewish collections. In 1989, restitution for the Jewish's properties confiscated by the Nazis became important international issue with success in Jewish material claims against Germany in the U.S and Europe countries after German unification. German libraries has still possessed collections sequestered by the Nazis from 1933 to 1945. With Washington conference on holocaust-era assets in 1998, libraries began to sympathize with restoration of their Jewish confiscated collections. In present, by identifying the provenance of those collections at primary level, German librarians focus on various restitution activities for those collections in order to introspect and overcome their past. Specifically, the libraries publish the practical guidebook of studies on the provenance identification and open the database for the pillaged collections to the public. Few libraries start to restore the collections, but the numbers of the restituted collections are still insignificant.

• Proceedings of the Korean Society of Precision Engineering Conference
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• 2000.11a
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• pp.543-546
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• 2000

Static and dynamic experiments were done to study on the restitution behaviors of strings. The elastic and viscoelastic model were compared. To apply a linear viscoelastic model (Kelvin model) to longitudinal behaviors of strings, static and dynamic tensile tests were done. Using their results, it should be intended to acquire damped stress (Stress related to velocity), and to calculate the viscoelastic coefficient. Fixing both ends, string was pushed by the loadcell attached to the tensile tester. The experimental results were in accordance with the calculated results using the Kelvin model acquired from the results of longitudinal tensile test. But the results of falling mass experiments, the behaviors of strings were near to elastic model. The clamping condition of strings in both sides has an effected on the value of COR. The smaller contact area, the grower the value of COR.