• 제목/요약/키워드: Right of Nature

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UCC상 매수인의 물품거절 및 승낙 철회권의 영국법과의 비교연구 (Buyer's Right of Rejection and Revocation of Acceptance under the Uniform Commercial Code Compared with English Law)

  • 이병문
    • 무역상무연구
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    • 제28권
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    • pp.3-36
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    • 2005
  • Most legal systems provides the aggrieved buyer with a right to put an end to the contract. Unlike Civil Law systems, the right is rather complicated and uncertain in Common Law systems because they do not sharply distinguish between a refusal which amounts merely to a defence in the nature of the exceptio non adimpleti contractus, and one which is intended to abrogate the aggrieved party's obligations completely and to seek restitution of what he has already performed. That is, they do not draw any sharp distinction between the right of rejection or revocation and the right to put an end to the contract. This explains why the right to put an end to the contract under Civil Law systems are often compared with the right of rejection or revocation under Common Law systems in most academic papers. Having said that, this article describes and analyzes in detail the relevant UCC rules to the buyer's right of rejection and revocation, particularly the rules on the requirements for the right of rejection or revocation. This is for the purpose of providing legal advice to our sellers residing either in U.S.A. or in Korea who plan to enter into U.S.A markets and take academics' interest in the buyer's right which is deemed to be unique compared to the Civil Law systems. In addition, the study attempts to compare the rules as to the right of rejection and revocation under the UCC with those of English law which are stipulated mainly in the Sale of Goods Act (1979) in a statutory form. This may help one better to understand the rules of the UCC which are mostly originated with English law and to find in what way the rules of the UCC depart from those of English law.

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대순사상과 아나키즘의 이상사회 이념에 대한 비교 연구 (A Comparative Study on Ideology of Ideal Society between Daesoon Thoughts and Anarchism)

  • 김항제
    • 대순사상논총
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    • 제22권
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    • pp.277-316
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    • 2014
  • Many ideas which have appear in human history ought to be fruits of the relevant time, however they sometimes reveal new meaning. Daesoon idea is like that, and anarchism also has been resurgent today according to the demand of the time. Both ideas aim at an ideal society. They are not codes of conduct by specific ideology, but are the spirit of resistance against all kinds of oppression, i.e. which began from human nature. Anarchism refuses intellectual revolution theory or idea, but it wants only the life of human nature. Therefore, in spite of the diversity of its historic type, anarchism is in the same discussion as idealism e.g. religion, politics, etc. which have seek the essence of human life. Daesoon idea, as well, begins from religious idealism, it kindles the same discussion as anarchism. Particularly, anarchism is receiving attention with its spirituality of the new century. If so, it will be a critical help for the development of Daesoon idea to consider such newness through a conversation with anarchism. A comparison between Daesoon idea and anarchism is mainly a conversation about the ideology of ideal society. The researcher intended to investigate the viewpoint of anarchism in terms of comparing its personality, society and nation with Daesun idea, though it was not easy work since the ideological genealogy of anarchism is various. Both of them have a mental attitude, i.e. 'essential resistance', on the basis of such introspection. The spirit of resistance is an essence of man and the right of resistance is a basic human rights that insist the dignity of man. When the right of resistance reaches the essence of human life, it becomes an ideal thought and religion. Also, the ideal can be finally realized when the spirit of resistance becomes the power of practice by actualizing it as the right of resistance.

용선계약하에서 위험물취급에 관한 고찰 -영미법논리를 중심으로- (Handling of Dangerous Goods Under Charterparties - Focusing on Anglo/American Law and Practicies -)

  • 김선옥
    • 통상정보연구
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    • 제11권1호
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    • pp.291-308
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    • 2009
  • The implied obligation under the contract of affreightment not to carry dangerous goods without prior notice to the carrier applies to the contractual relationship between the charterer and the owner under charterparties. The charterers will be in breach of an implied undertaking under the common law if they load dangerous cargoes without making notice of dangerous nature of them to the owner. It is indicated to be necessary to change the term "shipper" to "charterer", with relation to such implied obligation, where the Hague/Hague-Visby Rules are incorporated into the charter, however, it is not so apparent where an actual shipper is involved. So long as an actual shipper could be identified, the shipper rather than the charterer shall be responsible for damages arising from the dangerous nature of the cargo itself. In this case, the actual shipper is interpreted to have an implied contractual relationship with the carrier just by the act of delivering the cargo to the carrier for loading. If the vessel were damaged by shipment of the dangerous cargo under charterparty, the carrier can claim against such damages based on the contractual obligations under charterparties: "implied and expressed duty not to ship dangerous cargo without notice to the carrier"; "Art.IV.6 of the Hague/Hague-Visby Rules"; "Indemnity Clause" and "Redelivery Clause". The carrier has the conventional right under the Hague/Hague-Visby Rules to land, destroy or render the goods innocuous where the dangerous cargo threatens the means of transport or other interests on board. When the carrier has not consented to make the shipment, the carrier's disposal right could be exercised without limitation. However, where the carrier has consented to make the shipment of the dangerous goods with the knowledge concerned, the right of disposal of such goods should be exercised with limitation.

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도시 근교형 에코빌리지 조성 방향에 관한 연구 (A Study on approach for composition of suburban Eco-village)

  • 최우람
    • 한국농촌건축학회논문집
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    • 제14권2호
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    • pp.35-42
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    • 2012
  • This research intends to find the concept of eco-village in suburban area which various people can experience. For this, we established general ideas through theoretical reflections, and found an objective of suburban eco-village through functional practices. According to the research, a composition of eco-village to reduce the environmental load consists of three major functions. First, by forming traditional meanings of eco-village community, it creates eco-friendly life through energy saving and resource recycling. Second, it functions as relieving the stress of the urbanites and healing their mind and body in the nature of formed eco-village community. Finally, the implementation of eco-village is an idea of group of people who tends to live with nature. Thus, by recovering the nature and by preserving the nature with eco-friendly concept, it will be developed by a place where people can experience the importance of nature. However, these three functions should reflect regional characteristics sufficiently, and through saving and utilizing the history, culture and ecological resources of the regions, it gives positive support to local natives' sustainable life. Consequently, it will show the right direction of development of suburban eco-village through each case analysis of these three functions.

자연의 유기적 특성을 적용한 가구디자인 연구 -자연형태 표현의 유형 사례 분석을 중심으로- (A study on the direction of design application for inducing an organic characteristic of nature -Through the case analysis of furniture types expressing-)

  • 이옥순
    • 한국가구학회지
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    • 제20권4호
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    • pp.388-403
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    • 2009
  • Nature is suiting to the objective of oneself, structurally safe and functional. It continues to transform itself into various forms and has aesthetic beauty. By analyzing how nature's organic property has been expressed in different cases of furniture design, which has objective purpose, this research presents designing pathway to induce nature's organic oder into the furniture design. Simile expression type clearly shows its form through exposing the natural material that it is made out of. Visually, esthetic beauty can be emphasized and mentally it can provide pleasantness. Metaphorical expression type only hints the original material that was used to reproduce. Under the same condition it can have subjective perception and it needs to be used suitably at the right place and time. Abstract expression type it might be hard to recognize the original material visually since it went through many transformation in expression, however it can stage extreme and mysterious atmosphere. Furniture designs employing these three types can have functionality as well as decorative and serve variety of change in the existing uniformed interior space, and it can also satisfy individual's need with practicality and provide aesthetic beauty.

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The Patentability of a Computer Program as a Function of Its Relational Characteristic with Hardware

  • Lee, Sang-Mu
    • ETRI Journal
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    • 제20권1호
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    • pp.96-112
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    • 1998
  • The patentability of computer program has been discussed because of its deviation from the traditional definition of a patent. The relativities of computer programs to hardware are classified to measure the relative patentability of computer programs in this paper. It can be seen through the patentability analysis that the change in patentability basically follows an exponent part of the function is a damping factor that determines a patentability degree or trend. The basic patentability of computer programs is revealed when the damping factor value is 1, and a statistical patent specification, an appropriate expression of applicability and substantiality of computer programs is needed to acquire a patent right.

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광범위하게 진행된 다발성 섬유성이형성증 (A Case of Extensive Polyostotic Fibrous Dysplasia)

  • 이병도;황의환;이상래
    • Imaging Science in Dentistry
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    • 제30권2호
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    • pp.117-122
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    • 2000
  • Fibrous dysplasia is a benign disorder of bone consisting of intramedullary proliferation of fibrous tissue and irregularly distributed, poorly developed bone. The disease manifests itself in the monostotic form in which only one bone is involved and the polyostotic form in which multiple bones at different sites are affected. We reported a extensive case of polyostotic fibrous dysplasia with involvement of craniofacial bones, mandible, ribs and extremities. A 18-year-old man showed remarkable right facial swelling who had been treated on right femur 3 years ago with a bone graft for pathologic fracture and he recognized facial swelling 5 years ago. Extraoral radiograms and computed tomogram showed diffuse sclerosis with a ground glass appearance of the most cranial bones, facial bones. The right mandibular lesion showed very expansile lesion with mottled appearance. Bone scans showed mutifocal increased uptakes in craniofacial bones, right mandible, bilaterally in ribs, humerus, femur, tibia and characteristic varus deformity of right femur (shepherd's crook defomity). This case showed exceptionally bilateral, extensive nature of bone lesion and didn't show any features of skin pigmentation and endocrine disturbances.

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The Right Person for the Right Job: a Study on the Need for Enhancing Collaboration between Shipping Companies & Maritime Academies

  • Davy, James G.;Noh, Chang-Kyun
    • 한국항해항만학회:학술대회논문집
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    • 한국항해항만학회 2012년도 춘계학술대회
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    • pp.35-37
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    • 2012
  • Working onboard large ocean-going vessels is one of many industries that is by its very nature extremely errorprovoking. In industries such as aviation, nuclear power, healthcare and transport, the need for mental preparedness and professionalism are amongst the qualities essential for the management of complex hazardous systems. Recruiting, training, and more importantly retaining the right people to work in these industries is of paramount importance if safety is to be continuously improved and economic benefits realized. Through consideration of extant empirical literature this paper will explore the need for enhancing collaboration between shipping companies and maritime training institutes in order to provide the industry with those most capable for the job. It will be concluded that by providing a strong maritime foundation from the outset of training, maritime academies in South Korea can provide shipping companies with a wealth of highly qualified, motivated officers who will contribute to safety and remain valuable assets within the industry for years to come.

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The Right Person for the Right Job: a Study on the Need for Enhancing Collaboration between Shipping Companies & Maritime Academies

  • Davy, James G.;Noh, Chang-Kyun
    • 한국항해항만학회지
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    • 제36권4호
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    • pp.291-298
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    • 2012
  • Working onboard large ocean-going vessels is one of many industries that is by its very nature extremely error-provoking. In industries such as aviation, nuclear power, healthcare and transport, the need for mental preparedness and professionalism are amongst the qualities essential for the management of complex hazardous systems. Recruiting, training, and more importantly retaining the right people to work in these industries is of paramount importance if safety is to be continuously improved and economic benefits realized. Through consideration of extant empirical literature this paper will explore the need for enhancing collaboration between shipping companies and maritime training insitutes in order to provide the industry with those most capable for the job. It will be concluded that by providing a strong maritime foundation from the outset of training, maritime academies in South Korea can provide shipping companies with a wealth of highly qualified, motivated officers who will contribute to safety and remain valuable assets within the industry for years to come.

기관지내 암육종 (Endobronchial Carcinosarcoma)

  • 조덕곤;곽문섭;김치홍;문성배;장은덕
    • 대한기관식도과학회지
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    • 제3권1호
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    • pp.122-127
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    • 1997
  • Carcinosarcoma of the lung is a rare turner with an admixture of malignant epithelial(carcinomatous) and malignant mesenchymal (sarcomatous) components. Clinicopathologically, pulmonary carcinosarcoma has been divided into two types by its anatomical locations and growth nature, peripheral parenchymal and central endobronchial variants. We experienced an endobronchial carcinosarcoma that induced complete atelectasis of the right lung due to polypoid growing mass from the right upper lobe bronchus in a 67 year old male smoker. The patient underwent a successful right pneumonectomy. The tumor was composed of squamous cell carcinoma with variable sarcomatous differentiation into myogenous and undifferenciated sarcoma that demonstrated by immunohistochemical study. The patient has been doing well for the last seven months since the operation, without metastases or turner recurrence.

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