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A Study on the Remedy System for Breach of Contract of U.K. and U.S. in the International Commercial Transactions (국제물품거래상 계약위반의 구제제도에 관한 고찰 - 영미법을 중심으로 -)

  • Han, Nak-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.42
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    • pp.33-66
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    • 2009
  • Common law makes a distinction between partial breach and material breach. Attempted definitions of material breach are notoriously unsatisfactory, and the concept of partial breach does not necessarily bear an inverse relationship to substantial performance. This study will review the basic structure of common law contract remedies together with how these remedies are reflected in UCC Article 2 for sale of goods contracts. The matter is complicated because availability of remedy depends on the seriousness of the breach, and the right to cure, and (for sale of goods) these in turn depend on whether the contract is an installment contract or a single performance contract. Common law jurisdictions relegate specific performance of contracts to a last place in the hierarchy of contract remedies. Common law lawyers should recognize that this is the result of historical accident and not the product of some kind of superior intellectual effort. Not only is the attitude of civil law systems toward specific performance quite different, but for international sales contracts in developing nations, a remedy system based on the notion that substitute contracts are readily available(and therefore damage remedies are appropriate) is unrealistic. English common law courts were largely restricted to remedies in the form of monetary damages. For that reason the primary contract remedy at common law has never been specific performance. Rather, common law courts have struggled to develop an appropriate measure of monetary damages for breach of contract. Today, specific performance is viewed as an equitable remedy rather than common law. In the United States the dual court system has been abolished by a merger of law and equity courts into a single court structure. However some historical distinction linger on. The most important is that jury trials are generally not available in actions that seek equitable relief. If a plaintiff seeks in personam relief, such as specific performance of a contract, the action will be viewed as equitable and there will be no entitlement to a jury. Further, equitable relief will be granted only in those situations where the plaintiff pleads and proves that the remedy at law is inadequate. The purpose of this study aims to analyze the remedy system of breach of contract of U.K. and U.S. in the international commercial transactions with criterion of commercial rationality.

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A Study of Autonomous Intelligent Load Management System Based on Queueing Model (큐잉모델에 기초한 자율 지능 부하 관리 시스템 연구)

  • Lee, Seung-Chul;Hong, Chang-Ho;Kim, Kyung-Dong;Lee, In-Yong;Park, Chan-Eom
    • Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
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    • v.22 no.2
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    • pp.134-141
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    • 2008
  • This paper presents an innovative load management technique that can effectively lower the summer peak load by adjusting the aircondition loads through smoothe coordinations between utility companies and large customers. An intelligent hierarchical load management system composed of a Central Intelligent Load Management System(CIMS) and multiple Local Intelligent Management Systems(LIMS) is also proposed to implement the reposed technique. Upon receiving a load curtailment request from the utilities, CIMS issues tokens, which can be used by each LIMS as a right to turn on the airconditioner. CIMS creates and maintains a queue for fair allocation of the tokens among the LIMS demanding tokens. By adjusting the number tokens and queue management Policies, desired load factors can be achieved conveniently. The Markov Birth and Death Process and the Balance Equations are employed in estimating various queue performances. The proposed technique is tested using a summer load data of a large apartment complex and proved to be quite effective in load management while minimizing the customer inconveniences.

A Study of Real Ship Experiments to Estimate the Heeling Angle of Passenger Type Ship when Turning (여객선형의 선회 중 횡경사 추정에 관한 실선 실험 연구)

  • Kim, Hongbeom;Lee, Yunhyung;Park, Youngsun;Kong, Gilyoung
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.24 no.5
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    • pp.497-503
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    • 2018
  • Passenger ships and training ships have a common feature in that they serve many passengers. Thus, safe navigation is very important. During normal sailing, a ship may turn using various types of steering, including maneuvers to avoid collisions with dangerous target. When a ship turns, a heeling angle occurs. If trouble arises during sailing, a dangerous heeling angle may result or a capsizing accident. In this study, the heeling angle during turning was measured through experimentation with two training ships similar to passenger ships. These findings were compared with theoretical formulas for heeling angle when turning. We confirmed that the limit of the maximum heeling angle estimation using heeling angle formula when turning presented in IMO stability criteria. In addition, it was confirmed that the maximum estimated heeling angle can be reached by applying the result calculated in the theoretical formula 1.4 times when turning right and 1.1 times when turning left to reflect sailing speed when of rudder hard over. It is expected that this study will provide basis data for establishing safe operation standards for the prevention of dangerous heeling angles when turning.

An Analysis on Vehicle Accident Factors of Intersections using Random Effects Tobit Regression Model (Random Effects Tobit 회귀모형을 이용한 교차로 교통사고 요인 분석)

  • Lee, Sang Hyuk;Lee, Jung-Beom
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.16 no.1
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    • pp.26-37
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    • 2017
  • The study is to develop safety performance functions(SPFs) for urban intersections using random effects Tobit regression model and to analyze correlations between crashes and factors. Also fixed effects Tobit regression model was estimated to compare and analyze model validation with random effects model. As a result, AADT, speed limits, number of lanes, land usage, exclusive right turn lanes and front traffic signal were found to be significant. For comparing statistical significance between random and fixed effects model, random effects Tobit regression model of total crash rate could be better statistical significance with $R^2_p$ : 0.418, log-likelihood at convergence: -3210.103, ${\rho}^2$: 0.056, MAD: 19.533, MAPE: 75.725, RMSE: 26.886 comparing with $R^2_p$ : 0.298, log-likelihood at convergence: -3276.138, ${\rho}^2$: 0.037, MAD: 20.725, MAPE: 82.473, RMSE: 27.267 for the fixed model. Also random effects Tobit regression model of injury crash rate has similar results of model statistical significant with random effects Tobit regression model.

Geochronology and Cooling history of the Mesozoic Granite Plutons in the Central Part of the Ogcheon Fold Belt, South Korea (남한 습곡대 중앙부의 중생대 화강암 질암의 생선년대와 냉각사)

  • Myung-Shik JIN
    • The Journal of the Petrological Society of Korea
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    • v.4 no.2
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    • pp.153-167
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    • 1995
  • Emplacement ages for the granite plutons of the Jurassic and the Cretaceous times in the central Ogcheom Fold Belt were determined by Rb-Sr whole rock and mineral isocheon methods. In addition mineral ages for the plutons were determined by K-Ar and fission track methods. In turn, thermal histories and uplifting rates of the granitic bodies are elucidated from the isotopic ages. The Jecheon(~203 Ma) and Mungyeong(at lest~200 Ma) granites of the Jurassic and the Muamsa, Wolagsan and Daeyasan granites(~110 Ma) of the Cretaceous show high strontium initial ratios [$(^{87}Sr/^{86}Sr)_1$0.7100],suggesting that the granitic magmas have been generated by partial melting of crustal materials (S-type), or by mixing of mantle and crustal materials. Only mineral ages of the Sogrisan and Hyeongjebong granites (~90 Ma) were determined by K-Ar method, and petrogenesis of them were not defined yet. The two Jurassic granite plutons were cooled rapidly down to $300^{\circ}C$, right after the plutons were slowly cooled down since then, due to their deep emplacment. During the Middle Cretaceous period, the Jurassic Mungyeong granitic pluton was intruded and thermally affected much by the surrounding Wolagsan and Daeyasan granites. Accordingly the Rb-Sr mineral age, K-Ar hornblende and biotite ages of the Mungyeong granite appear to be reduced or reset due to the thermal effects above their blocking temperatures. All the cretaceous granites have been cooled much ore simply and rapidly down than the Jurassic ones below $300^{\circ}C$, owing to their shallow emplacement.

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Quality Assessment for Elbow CT scan by positioning and respiratory control (팔꿈치관절 CT검사에서 환자 자세 및 호흡에 따른 화질평가)

  • Lim, Jong-Chun;Park, Sang-Hyun;Lee, In-Jae
    • Journal of the Institute of Electronics and Information Engineers
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    • v.54 no.7
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    • pp.110-114
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    • 2017
  • Because the arm can't be sutured due to fracture during a elbow CT scan, a CT scan is proceeded in a state of abdomen and L-spire are overlapped which beam hardening artifact is done many times, and it often lowers the quality of elbow CT images. So there are many difficulties in reading and due to increase in radiation dose from it, the number of patient's exposure keeps increasing. In this research, it plans to improve the quality of the images by avoiding overlap with abdomen, and increasing the number of photon overlapped with lung field which the line attenuation is relatively small. The way of experiment is based on patient's right elbow and place him as head first position, then place his elbow at L2-3 level in supine position, turn about 30 degrees to the left in non-control breathing and in supine position, and compared with full inspiration after overlapping with lung. After figuring out the average value and standard deviation data using Image J program 5 times each for 16, 128 channels, the evaluation is proceeded by measuring each of CNR, MSR are statistically analyzed using SPSS program. Therefore, through positioning and inspiration during elbow CT scan, the way of inspection minimized the exposure radiation dose, and seems to be meaningful in a way to improve the quality of the images.

The Evaluation of Reliability for Exam Distance of Visual Acuity (시력검사거리에 따른 원거리 시력검사 신뢰성 평가)

  • Chun, Young-Yun;Choi, Hyun-Soo;Park, Seong-Jong;Lee, Seok-Ju
    • Journal of Korean Ophthalmic Optics Society
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    • v.19 no.1
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    • pp.17-22
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    • 2014
  • Purpose: We aimed to evaluate reliability of eye exam for visual acuity as a function of distance. Methods: There were 39 patients (78 eyes) who had visual acuity 1.0 or more at 5 meters. We measured refractive power of patients at each distances, 5 meters, 4 meters and 3 meters. Automatic chart (LCD-700, Hyeseong Optic. Co., Korea) used for visual acuity, skiascope (Beta 200, Heine, Germany) and auto refractometer (RK-5, Canon, Japan) used as for objective refraction. Accommodation was examined by minus lens addition methods, and Accommodative lag was examined by grid chart for reading distance. Results: Being compared to 3 meter test, Amount of corrected spherical refractive power decreased by $0.10{\pm}0.38$ D, astigmatism decreased by $0.05{\pm}0.10$ D, and axis of astigmatism rotated toward to temporal by $2.64{\pm}18.75$ degrees for right eyes, by $11.43{\pm}48.55$ degrees for left eyes in case of 5 meter test. Changes of corrected refraction and astigmatism were slightly correlated (r=-0.31, r=-0.29). Conclusions: Because corrected refraction power and amount of astigmatism decreased and axis of astigmatism tends to turn the temporal direction according to exam distance, examination distance of visual acuity should improved as to 5 meters.

A Study on the Effect of Upstream Parking to Traffic at the 4-Leg Intersection (교차로 상류부 주차가 교통에 미치는 영향에 관한 연구)

  • Ko, Jin;Oh, Seung Hwoon;Rhee, Jongho
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.32 no.2D
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    • pp.121-127
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    • 2012
  • One of the traffic problems has been caused by the illegal parking because of the lack of parking space. Especially, the illegal occupancy of the road near an intersection makes an serious reduction of road capacity. The current illegal parking and stop-prohibited areas have been designated for less than 5 meters from the edge or the corner of the 4-leg intersection. However, in reality, the cars parked at the place over 5 meters have had a significant impact on the intersection traffic. In addition, many variables such as intersection type, size, and service levels should be considered as factors which influence on the traffic condition at the intersection. It was assumed that through and right-turn traffic rate have a significant impact on the 4-leg intersection with the illegal parking or stop near it. This study tried to verify the impact through the simulation implementation with MOE and LOS. It shows a guideline to designate the parking or stop-prohibited area near the 4-leg intersection under various traffic conditions.

The Effect of Asset Specificity, Information Sharing, and a Collaborative Environment on Supply Chain Management (SCM): An Integrated SCM Performance Formation Model (자산전용성과 협업환경하에서의 정보공유가 공급사슬에 미치는 영향 : 통합적 SCM 성과형성 모델)

  • Kim, Tae-Ryong;Song, Jang-Gwen
    • Journal of Distribution Science
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    • v.11 no.4
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    • pp.51-60
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    • 2013
  • Purpose - The objective of this paper is to investigate the effect of asset specificity, the level of information sharing, the importance of information sharing, and an integrated collaborative environment on supply chain performance. Research design, data, and methodology - Data collection was implemented as follows: questionnaires were distributed to 250 companies that have business ties with Halla Climate Control Corporation. The empirical study to test our hypothesis was based on statistical analysis (using SPSS 18.0 and AMOS 18.0). The hypothesis of this paper is that the asset specificity variable has positive effects on the following variables: Level of information sharing, the importance of information sharing, and integrated collaborative environment. Moreover the variables, the level of information sharing, and the importance of information sharing are strongly influenced by the variable integrated collaborative environment, and these when combined, have an effect on the dependent variable, supply chain performance. We tested our hypothesized model utilizing path analysis with latent variables. Results - According to the results of our analysis, hypothesis H1, which tests whether there is a relationship between asset specificity and the integrated collaborative environment, is supported at the 0.01 level. Hypotheses H2 and H3 were also confirmed, and asset specificity had positive effects (+) on the level of information sharing variable. The importance of the information sharing variable was statistically significant at the 0.01 level. Hypotheses H4 and H5 posited that the integrated collaborative environment variable would have a positive effect on the level of information sharing; the importance of information sharing variable was strongly supported statistically, with a significant p-value below. Moreover, the level of information sharing (H6), and the importance of information sharing (H7) variables also had a statistically relevant influence on supply chain performance. As a result, existence of a collaborative system between companies would influence supply chain performance by strengthening real-time information access and information sharing. Thus, it is important to construct a collaborative environment where information sharing among companies and cooperation is possible. Conclusions - First, with rapid changes in the business environment, it becomes necessary for enterprises to acquire the right information in order to properly implement SCM. For successful SCM, firms should understand the importance of collaboration with supply chain partners and an internally built collaboration system, which in turn will better promote a partnership commitment with suppliers as well as collaborative integration with buyers. A collaborative system, as we suggest in this paper, facilitates the maintenance of a long-term relationship of trust, and can help reinforce information sharing. Second, it is necessary to increase information sharing over time via a collaborative system so that employees of the suppliers become aware of the system. The more proactive and positive attitudes are towards such a collaborative system by the managerial group, the higher the level of information sharing will be among the users. Successful SCM performance is achieved by information sharing through a collaborative environment rather than by investing only in setting up an information system.

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From Broken Visions to Expanded Abstractions (망가진 시선으로부터 확장된 추상까지)

  • Hattler, Max
    • Cartoon and Animation Studies
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    • s.49
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    • pp.697-712
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    • 2017
  • In recent years, film and animation for cinematic release have embraced stereoscopic vision and the three-dimensional depth it creates for the viewer. The maturation of consumer-level virtual reality (VR) technology simultaneously spurred a wave of media productions set within 3D space, ranging from computer games to pornographic videos, to Academy Award-nominated animated VR short film Pearl. All of these works rely on stereoscopic fusion through stereopsis, that is, the perception of depth produced by the brain from left and right images with the amount of binocular parallax that corresponds to our eyes. They aim to emulate normal human vision. Within more experimental practices however, a fully rendered 3D space might not always be desirable. In my own abstract animation work, I tend to favour 2D flatness and the relative obfuscation of spatial relations it affords, as this underlines the visual abstraction I am pursuing. Not being able to immediately understand what is in front and what is behind can strengthen the desired effects. In 2015, Jeffrey Shaw challenged me to create a stereoscopic work for Animamix Biennale 2015-16, which he co-curated. This prompted me to question how stereoscopy, rather than hyper-defining space within three dimensions, might itself be used to achieve a confusion of spatial perception. And in turn, how abstract and experimental moving image practices can benefit from stereoscopy to open up new visual and narrative opportunities, if used in ways that break with, or go beyond stereoscopic fusion. Noteworthy works which exemplify a range of non-traditional, expanded approaches to binocular vision will be discussed below, followed by a brief introduction of the stereoscopic animation loop III=III which I created for Animamix Biennale. The techniques employed in these works might serve as a toolkit for artists interested in exploring a more experimental, expanded engagement with stereoscopy.