• 무역상무연구
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• 제69권
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• pp.1-22
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• 2016

This study primarily concerns the cases recently held as to the formation of contract under the CISG. In order to put forward the most plausible direction to interpret the rules on the formation of contract under the CISG, it particularly deals with the followings. First, it scrutinizes the rules on the formation of contract, focusing on the requirements of offer and acceptance, the time when such offer and acceptance become effective, the issues on the battle of forms. Second, it introduces two recent interesting cases regarding the formation of contract and provides legal and practical advice to the contracting parties when they intend to conclude a contract under the CISG as a governing law. The followings are practical points that the parties should consider when they enter into contract. First, as any signature or intial made in the offer could be regarded as an acceptance, the parties are required to clarify the meaning of such signature or initials before the conclusion of contract. Second, it is not necessarily required one's signature for an offer to become effective but his name. Third, standard terms cannot be incorporated into the contract simply by reference to web-page or other documents. In order for such terms to be incorporated, it may be necessary to enclose them in the offer or to bring the other party's attention to them. Forth, one should remember that an acceptance by act become effective not when such act is complete, but when it is performed.

• 한국전문물리치료학회지
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• 제2권2호
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• pp.56-65
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• 1995

The purpose of this study was to compare the effects of one proprioceptive neuromuscular facilitation technique and static stretching on calf muscle tightness. The subjects consist of 9 hemiplegics, and 9 quadriplegics. The eighteen subjects were randomly divided into 3 groups: prorioceptive neuromuscular facilitation(6 persons), static stretching(6 persons) and control(6 persons). Contract relax antagonist contract and static stretching techniques were applied continuously for twenty minutes each. Of the many proprioceptive neuromuscular facilitation techniques, only the contract relax antagonist contract technique was applied. The static stretching technique was applied with the subject placed in standing on a seventy degree inclined tilt table for twenty minutes. A wedge was placed under the feet to obtain maximum dorsiflexion. Wedge thickness varied with each subject. Results revealed: (1) a significant difference between the experimental and the control groups(p<0.05). (2) a significant difference between contract relax antagonist contract and static stretching groups(p<0.05). (3) At day five, the final increments were: contract relax antagonist contract $11.9{\pm}1.90^{\circ}$, static stretching $7.7{\pm}2.3^{\circ}$(mean${\pm}$standard deviation).

• Journal of Korea Trade
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• 제24권1호
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• pp.113-130
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• 2020

Purpose - This paper examines the legal standards for the interpretation of contract terms in the UNIDROIT Principles of International Commercial Contracts (PICC) and the cases thereunder in order to provide academic implication to promoting an appropriate understanding of this topic in practical business. Design/methodology - This article uses the literature research and case study under the PICC. Findings - the contract terms shall be interpreted according to the common intention of the parties. If such an intention cannot be established, the contract shall be interpreted according to the meaning that reasonable persons of the same kind as the parties would give to it in the same circumstances. The statements and other conduct of a party shall be interpreted according to that party's intention if the other party knew or could not have been unaware of that intention. If not, the reasonable person standard will apply. In applying above articles, all relevant circumstances including the conduct of the parties, practices and usages shall be considered. Terms and expressions shall be interpreted in the light of the whole contract or statement in which they appear and contract terms shall be interpreted so as to give effect to all the terms rather than to deprive some of them of effect. Where contract terms supplied by one party are unclear, contra proferentem rule applies. Where there is discrepancy between several equally authoritative versions of a contract, a preference is given to the interpretation according to the version originally drawn up. Where the parties to a contract have not agreed regarding an important term for their rights and duties, a term which is appropriate in the circumstances shall be supplied. Originality/value - This article examines various cases regarding the topic that were determined under the PICC. By finding legal standards and rulings of relevant cases, this article will help readers in practical business to enhance the ability to apply the provisions to their contracts.

• 한국항해항만학회지
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• 제26권1호
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• pp.66-77
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• 2002

Generally hull insurance is undertaken by mean of a contract of hull insurance. A contract of hul1 insurance here is a contract whereby the insurer undertakes to indemnify the assured against the loss and damage to the vessel mused by maritime perils. A contract of hull insurance is consists of printed main insurance clauses and a clause includes many sub-clauses. Now the Institute Time Clauses-Hulls (hereunder refer to as "English hull insurance clauses"made by the Institute of London Underwriters is much used as the standard from or basic from by many countries ail over the world Now Korean insurance companies hue not made our their own hull insurance clauses, they have just adopted the made-out English hull insurance clauses and the english law and practice to solve the problem related to marine insurance. On the other hand, the United States of America and Japan have made out their own hull insurance clauses based on English hull insurance clauses and used the clauses for many years. Now American is using American Institute Hull Clauses(hereunder refer to as "American hul1 insurance clauses"as its own clauses which was made out by American Institute of Marine Underwriters in 1977 and Japan is also wing its own clauses named Japanese Hull Standard Clauses(hereunder refer to as "Japanese hull clauses") which was made out by japanese Hull Insurance Association in 1990. Therefore the purpose of this study is not only to make a comparative study on English hull insurance clauses 1995, American hull insurance clauses 1977 and Japanese hull clauses l990, but also to supply on some legal materials necessary for Korea to establish and perform our own hull insurance clauses.

• 대한가정학회지
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• 제40권2호
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• pp.101-114
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• 2002

This study analyzes the contract terms to explore whether the content has any improper and/or unfair clause, reviews the consumer-related laws, and examines the activities of the regulatory systems in the telecommunication service markets. The major resets of the stud\ulcorner are: first, the level of regulation to contract terms is inconsistent across the services areas and needs to be coordinated; second, the standard contract terms need to be developed; third, the policy implications with respect to regulatory policy making and public education are developed; and lastly establishment of consumer advisory board to advise the commission on consumer issues and the consumer information and education center is suggested.

• 한국건설관리학회논문집
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• 제5권1호
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• pp.114-123
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• 2004

Contract time determination for highway construction projects has never been easy despite considerable research efforts from academia as well as industry. High variations in crew production rates are considered one of the main barriers to accurate contract time determination. This paper presents a methodology for collecting field information on crew production rates which will help to enhance the accuracy of contract time determination for highway bridge construction. Based on a standard data collection tool developed, data on field crew production rates was collected from 14 on going projects in Texas, USA, over the past two years. The production rates based on the data collected were considered by industry practitioners to be more realistic and practical than those available to the current practices. As more data becomes available, key drivers influencing production rates could be identified and provide site personnel with a means to better plan and control production in a project specific context.

• 한국중재학회지:중재연구
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• 제22권3호
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• pp.165-185
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• 2012

Franchising has proved over many years to be a successful commercial vehicle for the international distribution of products and services. However, there has long been missing a user-friendly model contract that would reflect the diversity of international franchising contracts. Because the ICC has drafted a model form of international franchising contracts, taking into account the most commonly encountered clauses in franchising agreements, their model could be used as a checklist of the core obligations of a cross-border franchise contract. Because there is no internationally agreed-upon uniform legislation on franchising, parties must rely on national laws and regulations applicable to the international franchise (when such laws and regulations exist) and should therefore very carefully draft stipulations for the legal status of the contract. This study has been intended to cite some provisions for striking a fair balance between the interests of the franchisor and those of the franchisee and for avoiding unfair trade acts in international franchising contracts.

• 한국건축시공학회:학술대회논문집
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• 한국건축시공학회 2008년도 춘계 학술논문 발표대회
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• pp.153-157
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• 2008

The construction market has gradually become complexity, variety and specialization, and then owner's requirements about quality has become various. In order to solve the problem such as stated above, advanced constructions in United Kingdom, Japan and United States have introduced warranty contract which is warranted to quality and performance for need of owner in determined term to ensure the quality of construction since 1960s. However, the interior of a country encounter another problem result from defects liability what indefiniteness of defects standard, excess responsibility period, social recognition of be identical fraudulent work and defects, and contract with ascendancy of owners. etc, so builders concerned more excess defects liability than the quality of construction. The purpose of this study is to analysis of warranty contract in order to solve the problem such as stated above.

• 건축사
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• 통권561호
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• pp.140-145
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• 2016

• 건축사
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• 통권511호
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• pp.12-12
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• 2011