• 제목/요약/키워드: Second law analysis

검색결과 425건 처리시간 0.025초

미국법상 물품매매계약에서의 위험의 분배 - 통일상법전(UCC)의 규정 및 사례를 중심으로 - (The Allocation of Risk under Sale of Goods in American Law - Focused on the Uniform Commercial Code and Cases -)

  • 김영주
    • 무역상무연구
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    • 제58권
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    • pp.59-98
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    • 2013
  • Risk of loss is a term used in the law of contracts to determine which party should bear the burden of risk for damage occurring to goods after the sale has been completed, but before delivery has occurred. Under the Uniform Commercial Code (UCC), there are four risk of loss rules, in order of application. First, it is agreement that is the agreement of the parties controls. Second, the breaching party is liable for any uninsured loss even though breach is unrelated to the problem. Hence, if the breach is the time of delivery, and the goods show up broken, then the breaching rule applies risk of loss on the seller. Third, the delivery by common carrier other than by seller is necessary: Risk of loss shifts from seller to buyer at the time that seller completes its delivery obligations; If it is a destination contract, then risk of loss is on the seller; If it is a delivery contract, then the risk of loss is on the buyer. Fourth, if the seller is a merchant, then the risk of loss shifts to the buyer upon buyer's receipt of the goods. If the buyer never takes possession, then the seller still has the risk of loss. This paper discusses problems of risk of loss under the American law. Specifically, this paper focuses on the interpretation of UCC sections and analysis of various cases. By comparing, also, UCC and Korean law, the paper proposes some implications of risk of loss issues for Korean law.

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낙태죄 허용한계에 관한 규범해석과 사회인식도 (The Study on Legal Analysis of the Abortion Regulations and National Survey)

  • 이인영
    • 의료법학
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    • 제8권2호
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    • pp.205-290
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    • 2007
  • In Korea, abortion in the Criminal Law is an illegal act in exception of limited cases stated in the Mother and the Child Health Law. There are grounds on which abortion may be carried out - though the grounds are very limited and related such as emergency situation of woman's physical health, rape, incest and genetic diseases. The Criminal Law regulates the mother's act of abortion and the doctor's surgical performance of abortion. The Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. Many people tend to abuse of abortion even though they are fully aware of its illegality. The law lead to be inconsistent with its enforcement. In this paper, I would like to suggest some proposals about the legal analysis of the Abortion Regulations to reform the existing regulations and increase the effectiveness of the regulations. A national survey was carried out using telephone interview with Korean citizens from August 1th to August 31th in 2005. A total of 1,025 citizens (male: female = 49.2%:50.8%) were randomly sampled in proportion to the number of population of 17 regions. The major findings of this survey were as follows. First, 91.4% of the respondents approved of abortion based on the medical grounds. Second 83.3% of the respondents perceived that abortion may be carried out based on ethical grounds for example rape. Third, 74.3% were agreed to abortion based on genetic diseases. Forth, 64.7% were approved the abortion that unmarried woman may be carried out. In contrast 45.0% were approved the abortion that girls may be carried out, whereas 46.4% were perceived that the abortion may not be permitted. Fifth, 58.3% were disagreed the permission of abortion based on social and economic grounds. According to the survey Korean citizens seem to have positive perception on the abortion that may be carried out based on medical, ethical and genetic grounds. Whereas they worried about the abortion based on social and economic grounds. Now the Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. But this law does not include social and economic grounds. In cases of when the mother has a impossibility to breed her child because of her social situations and financial conditions, we should accepted the legal acceptance of abortion due to social and economic grounds.

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Feedback control of intelligent structures with uncertainties and its robustness analysis

  • Cao, Zongjie;Wen, Bangchun;Kuang, Zhenbang
    • Structural Engineering and Mechanics
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    • 제16권3호
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    • pp.327-340
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    • 2003
  • Variations in system parameters due to uncertainties of parameters may result in system performance deterioration and create system internal stability problems. Uncertainties in structural modeling of structures are often considered to ensure that the control system is robust with respect to response errors. So the uncertain concept plays an important role in the analysis and design of the engineering structures. In this paper, the active control of the intelligent structures with the uncertainties is studied and a new method for analyzing the robustness of systems with the uncertainties is presented. Firstly, the system with uncertain parameters is considered as the perturbation of the system with deterministic parameters. Secondly, the feedback control law is designed on the basis of deterministic system. Thirdly, perturbation analysis and robustness analysis of intelligent structures with uncertainties are discussed when the feedback control law is applied to the original system and perturbed system. Combining the convex model of uncertainties with the finite element method, the analysis theory of the robustness of intelligent structures with the uncertainties can be developed. The description and computation of the robustness of intelligent structures with uncertain parameters is obtained. Finally, a numerical example of the application of the present method is given to show the validity of the method.

New Backstepping-DSOGI hybrid control applied to a Smart-Grid Photovoltaic System

  • Nebili, Salim;Benabdallah, Ibrahim;Adnene, Cherif
    • International Journal of Computer Science & Network Security
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    • 제22권4호
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    • pp.1-12
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    • 2022
  • In order to overcome the power fluctuation issues in photovoltaic (PV) smart grid-connected systems and the inverter nonlinearity model problem, an adaptive backstepping command-filter and a double second order generalized Integrators (DSOGI) controller are designed in order to tune the AC current and the DC-link voltage from the DC side. Firstly, we propose to present the filter mathematical model throughout the PV system, at that juncture the backstepping control law is applied in order to control it, Moreover the command filter is bounded to the controller aiming to exclude the backstepping controller differential increase. Additionally, The adaptive law uses Lyapunov stability criterion. Its task is to estimate the uncertain parameters in the smart grid-connected inverter. A DSOGI is added to stabilize the grid currents and eliminate undesirable harmonics meanwhile feeding maximum power generated from PV to the point of common coupling (PCC). Then, guaranteeing a dynamic effective response even under very unbalanced loads and/or intermittent climate changes. Finally, the simulation results will be established using MATLAB/SIMULINK proving that the presented approach can control surely the smart grid-connected system.

중국, 베트남 결혼이주여성의 둘째자녀 출산의도 영향요인: 2009년, 2015년 전국다문화가족실태조사의 비교 (Factors affecting the intention of Chinese and Vietnamese migrant women to have a second child: Comparison between the "National Survey on the Multi-Cultural Families" of 2009 and 2015)

  • 딩징야;진미정;옥선화
    • 한국가족관계학회지
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    • 제23권2호
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    • pp.133-155
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    • 2018
  • Objectives: This study examined the differences in the intention of having a second child and the related factors among Chinese and Vietnamese migrant women from the perspective of adaptation theory. Methods: Data were drawn from the National Survey on Multi-Cultural Families in 2009 and 2015. Among the total 7,615 married migrant women (Korean-Chinese, Chinese-Han, Vietnamese), those within the age group 20-39 within the first 5 years of marriage who had one child were selected. A frequency analysis, chi-squared test, and logit regression analysis were performed. Results: Different ethnic groups had different reasons for having a second child and the related factors also differed between 2009 and 2015. In 2009, after controlling the related variables, the intention of Korean-Chinese and Chinese-Han married immigrant women to have a second child was higher than that of Vietnamese women, but no such difference was found in 2015. Participation in their local community, first marriage, the gender of the first child, and whether they were living with their parents-in-law were associated with the intention of migrant women having a second child in the 2009 analysis model but these factors were not significant in the 2015 analysis model. In the latter model, the household income, a variable related to economic conditions, has a positive effect on the intention of having a second child. Conclusions: The significance of this study supports adaptation theory by addressing the similarity in the childbirth intention between recently married immigrant women and Korean women.

텍스트 마이닝을 활용한 해양수산부 법률 관련 연구동향 분석연구 (Using Text Mining for the Analysis of Research Trends Related to Laws Under the Ministry of Oceans and Fisheries)

  • 황규원;이문숙;윤소라
    • 해양환경안전학회지
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    • 제28권4호
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    • pp.549-566
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    • 2022
  • 최근 인공지능(AI) 기술이 급격하게 발전되고 있으며, 이를 활용한 산업이 점차 확대되고 있다. 또한 사회과학 연구분야에서도 인공지능기술의 텍스트 마이닝을 활용한 분석연구가 활발하게 전개되고 있다. 해양수산부에서 소관하는 법률은 125여개로 해양환경, 수산, 선박, 어촌, 항만 등 다양한 분야에서 제정되었다. 해양수산부 법률을 대상으로 한 연구가 활발히 진행되고 있으며, 양적으로 꾸준하게 증가하고 있다. 이 연구는 해양수산부 법률 관련 연구논문을 대상으로 텍스트 마이닝을 적용하여 국내 연구동향을 분석하였다. 연구방법으로 첫째 텍스트 마이닝의 일종인 토픽 모델링을 수행하여 잠재된 토픽을 파악하였다. 둘째 특정 법률을 주제로 다룬 연구논문의 동시출현 네트워크 분석을 수행하여 주요 주제를 도출하였다. 마지막으로 저자 네트워크 분석을 수행하여 저자 간 사회 연결망을 탐색하였다. 분석결과 시기에 따라 핵심 토픽의 변화를 확인하였으며, 선박안전법, 해양환경관리법 등 법률별 주요 주제를 탐색하였다. 또한 저자 네트워크 분석하여 핵심 연구자를 도출하고, 저자 간 공동연구 성향을 파악하였다. 이를 통해 해양수산부 법률 관련 연구주제의 변화를 탐색하였으며, 향후 연구주제의 다양화와 해양수산 분야 연구의 양적 증가와 질적 성장을 기대한다.

철근콘크리트 구조물의 염해에 의한 사용수명 예측에 관한 연구 (A Study on the Service Life Prediction of Reinforced Concrete Structures with Chloride Penetration)

  • 김동백;권기준;박병욱
    • 한국안전학회지
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    • 제20권2호
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    • pp.113-118
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    • 2005
  • Recently, the corrosion of reinforced concrete structures has received great attention related with the deterioration of sea-side structures, such as new airport, bridges, and nuclear power plants. In this regards, many studies have been done on the chloride attack in concrete structures. The purpose of the present study is to explore the influences of chloride attack parameters to service life of reinforced concrete structures and to propose the rational program for the guarantee of service life. for this purpose, several codes for durability design have been examined and the diffusion analysis based on Fick's second law has been performed with various parameter value. The present study indicates that durability design code of Japan Society of Civil Engineers is more rational than other codes but the application of durability design code of JSCE to domestic durability design needs more studies to the various parameter values related with chloride penetration.

제품특성과 구매패턴에 따른 uTradeHub 활용요인 연구 (An Empirical Study on the Factors Affecting the Participation of uTrade Hub in terms of Product Characteristics and Sourcing Patterns -Focused on the uTrade Search Services-)

  • 송선옥
    • 무역상무연구
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    • 제49권
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    • pp.461-490
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    • 2011
  • The purpose of this study is to examine which factors are encouraging SMEs to participate in uTradeHub(focused on the uTrade search service) in terms of product characteristics and sourcing patterns. The three factors encouraging Trade e-Marketplaces are identified in this study. First, internal factors include the support of top management, mature of IT infrastructure. Second, external factors include the pressure of industry, industry competition, dependence of trading partners. Third perception factors are perceived Usefulness, perceived easy of use. The empirical analysis had the following results. First, it reveals that support of top management, mature of IT infrastructure, industry competition have significant influence upon uTrade Search Services. On the other hand, pressure of industry, dependence of trading partners, Perceived relative benefits are not significant variable of the participation in uTrade Search Services. Second, the factors affecting the participation in uTrade Search Services are differentiated in terms of product characteristics and sourcing patterns. And the support of top management, mature of IT infrastructure, Perceived relative benefits are emphasized very important factors affecting the participation of uTrade Search Services in SMEs. The industry competition is recognized as more important factor in horizontal market in which Spot sourcing just like Operating products is trading. On the other hands, the dependence of trading partners are significant factor in vertical market in which Systemic sourcing just like Manufacturing products is trading.

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A Comparative Research of Library Law in Korea and Japan: Focusing on the Enactment and Revision Processes

  • 류현숙
    • 한국문헌정보학회지
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    • 제51권1호
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    • pp.103-124
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    • 2017
  • Korea and Japan have been influenced by one another through various points in their respective histories. During ancient times and throughout the Middle Ages, many aspects of culture and modern civilisation were conveyed from China to Japan via Korea. This trend changed in the second half of the $19^{th}$ century, as Japan opened its ports to foreign trade, completely reforming its own society before Korea followed suit. The aspects of modern civilisation and culture were thus subsequently conveyed to Korea from Japan. Not unlike Western cultures of the time, Japan also engaged in a pursuit of imperialism that resulted in its subjugation of Korea during the Japanese occupation. After Korea regained its independence following the Second World War, Koreans rebuilt their country largely on the basis of the social system Japan had left behind. 70 years later, differences from the Japanese model may nevertheless be observed in various areas. Library legislation is no exception. This paper provides a comparison of Korean and Japanese library laws. The comparison and consideration of the enactment and revision processes of library legislation of both countries reveals how differences in legislation developed and provides an analysis of the implementation of these differences.

UNCITRAL 모델중재법상 임시적 보호처분의 개정방향 (The Revision Guideline of Interim Measures of Protection under UNCITRAL Model Law on International Commercial Arbitration)

  • 이강빈
    • 한국중재학회지:중재연구
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    • 제14권2호
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    • pp.73-106
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    • 2004
  • The UNCITRAL Arbitration Working Group began its deliberations on the topic of interim measures of protection at its thirty-second session (Vienna, 21-30 March 2000), when the Working Group expressed general support for a legal regime governing enforcement of interim measures of protection ordered by the arbitral tribunal. Also the Working Group took a preliminary analysis of whether there was a need for a uniform rule on court-ordered interim measures of protection in support of arbitration. The Working Group agreed, at its thirty-third session (Vienna, 20 November-1 December 2000), that the proposed new article to the UNCITRAL Model Law on International Commercial Arbitration on enforcement of interim measures of protection (tentatively numbered article 17 bis) should include an obligation on courts to enforce interim measures if prescribed conditions were met. At its thirty-fourth session (New York, 21 May-1 Jun 2001), in addition to continuing its review of draft article 17 bis, the Working Group proceeded to consider a text revising article 17 of the UNCITRAL Model Law, which defined the scope of an arbitral tribunal's power to order interim measures and included an additional provision on the granting of interim measures on an ex parte basis. Discussions in relation to revised drafts of article 17 and 17 bis of the UNCITRAL Model Law have continued at the fortieth session ( New York, 23-27 February 2004). Article 17 of the UNCITRAL Model Law provides that the arbitral tribunal may order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect to the subject matter of the dispute. However it may be noted that the article does not deal with enforcement of such measures.

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