• 무역상무연구
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• 제50권
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• pp.3-25
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• 2011

The purpose of this paper is to examine the use of LD Clause against the seller's breach of contract in connection with delivering the goods in the international sales contract, and international guarantee system using standby L/C or demand guarantee. For this purpose, the author, first, considered the outline of the buyer's remedies in cases that the seller had not performed his obligations in contract and the difficulties in the buyer's remedies. As alternatives for overcoming the difficulties, this author recommended the LD Clauses (Liquidated Damage Clauses) based on ICC Model International Sales Contract, and explained each Model Clause. To enhance the feasibility of LD Clause, this author suggested the guarantee system, like the standby L/C or demand guarantee. But these guarantee systems have several limitations in practical use. Thus, these guarantee systems would greatly contribute to Korean exportation in the future. The reason is that the Korean export structure would be more complex and the period of sales contract would be longer and longer, which result to in long-terms supply contracts. These changes would require the guarantee much urgently.

• 무역상무연구
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• 제58권
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• pp.179-213
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• 2013

While a performance type guarantee is required as a security for non-performance risk by a seller, a payment guarantee is used as a security for non-payment risk by a buyer(or a borrower in a loan agreement). A payment guarantee is a type of independent bank guarantee, bank guarantee, bond, demand guarantee, or standby letter of credit. A guarantor accepts a credit risk of a principal which is normally a buyer in a contract for sale of goods. A payment guarantee is independent of the underlying relationship between the applicant and the beneficiary. The guarantor is only empowered to examine the beneficiary's demand and determine the payment on its face to the terms of the guarantee. A payment guarantee is thus different from a suretyship. The principle of independence carries a significant advantages for a guarantor as well as for a beneficiary. While a documentary credit requires B/L, commercial invoice, packing list, inspection certificate, etc., a typical payment guarantee does not require any evidence for a seller's performance of the underlying contract other than written demand. In this respect payment guarnatee can be a more secured facility than a documentary credit. A payment guarantee normally comes into force from the issuing date and shall remain in effect until all sums guaranteed shall be paid in full by a buyer(or a borrower) or by a guarantor. Although a guarantor shall pay a demand made in accordance with the terms and conditions of the payment guarantee, a payment demand may be denied when it is determined to be abusive or unfair.

• 한국산학기술학회논문지
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• 제17권5호
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• pp.67-73
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• 2016

최근 들어 전 세계적으로 무선전력전송이 많이 연구되고 있다. 무선 전력전송이란 전기기기가 전선이 없어도 무선으로 전력을 공급하는 기술이다. 본 논문에서는 ICT 기반의 무선전력전송 시스템을 설계, 제작하였다. 제안된 시스템은 기존 시스템보다 픽업코일에 접촉는 면적을 증대하여 같은 L값과 C값을 사용해도 효율이 높아질 수 있도록 설계하였다. 무선 전송의 송 수신부와 고효율의 코일부로 구성되어 있으며, 시스템의 전송 효율을 높이는 방법을 제안하였다. 특히 무선 송 수신부는 ICT 기술과 연동이 가능하도록 설계하여 실시간 원격 모니터링이 가능하도록 제작하였고, 대기전력을 절감하는 효과를 연구하였다. 이를 위하여 기업에서 무선전력전송 시스템에 사용된 IGBT소자의 최대 주파수 20[KHz]를 사용하여 이에 가장 적절한 L, C값을 찾기 위해 많은 필드실험을 통하여 가장 효율적인 L값 $23.9[{\mu}H]$, C값 $2.64[{\mu}F]$을 선정하여 시스템을 구성하였다. 또한 대기전력을 감소하기 위해 출력전류를 제어하는 알고리즘을 설계하여 적용하였다. 이 결과 기존의 장비보다 무선전력전송용량과 효율이 75[%]에서 80[%]로 전력전송 유효거리를 10[%] 증가하여 대기전력의 감소 및 유지보수 비용이 절감하였고, ICT 기술을 이용한 무선 송수신부 와 프로그램을 개발하여 사용자가 취득된 데이터로 시스템의 고장 검출을 쉽게 할 수 있게 하였다.

• 한국중재학회지:중재연구
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• 제8권1호
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• pp.323-352
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• 1998

Documentary letters of credit including standby letters of credit are governed by the independence or abstraction rule and the doctrine of strict compliance. Since the former rule requires the issuing bank to honor the drafts regardless of the defective performance of the underlying contract, the applicant(the customer) will be without a remedy if he is unable to make himself whole by litigation on the underlying contract. Therefore, the applicant is exposed to a risk much higher than in the commercial letters of credit. The Uniform Customs and Practice for Documentary Credit(UCP) has no provisions allowing legal relief for the applicant on the abuse of L/C by unscrupulous beneficiary, but UCC ${\S}5-114$ has provision allowing injunctive relief for the applicant. In this paper, I attempted to clarify certain standards of injunctive relief available for the customer in the credit. When there is fraud in the L/C transaction by any of the parties concerned, we must weigh the principle of independence or abstraction and the fraud rules. According to banking practice and judicial precedence, we need not keep the principle of independence and abstaction even in fraudulent transaction and the bona fide sufferer must be protected. The purpose of this paper is to review the studies of Fraud rule and the Injunction and to suggest the applicable standards for the Injunction therory under letters of credit. Specially this paper analysed the following ; (1) the guideline for the fraud (exception) rule to the autonomy principle, (2) the appilcable standards of the Injunction, and (3) the implications on parties concerned in letters of credit transaction. Conclusively, the Injunction should be granted if (1) there is clear proof of fraud (2) the fraud constitutes fraudulent abuse if the independent purpose of L/C (3) irreparble injury might follow if injunction is not granted or the recovery of damages would be seriously endangered.

• Journal of Power Electronics
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• 제18권5호
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• pp.1479-1488
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• 2018

Power packet (PP) distribution system distributes power to different loads that share the same distribution cable in a packetized form. When compared with conventional power systems, a PP distribution system (PPDS) can reduce standby power, eliminate Point-of-Load (PoL) power conversion, and intelligently control the load demand from the source side. Due to the absence of PoL conversion, when multiple power sources at different voltage levels and conditioning requirements jointly send power to various loads at different voltage ratings, the generated voltage has an irregular shape. A large filter at each of the load sides is required to reduce such a large voltage ripple. In this paper, a single-inductor, multiple-input-single-output converter structure based multiple-energy-source mixer is proposed. It combines PP generation, maximum power point tracking (MPPT) of renewable energy sources (RESs) and filtering at the source side. To demonstrate the possible renewable energy integration, a PV panel is used as a power source together with other constant voltage sources. The PV power is approximately tracked using the constant voltage method and it is used for each of the PP generations. The proposed PP distribution system is experimentally verified and it is shown that a conventional PI controller is sufficient for stable system operation.

• 무역상무연구
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• 제58권
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• pp.3-33
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• 2013

The purpose of this paper is to examine the problems in exercising buyer's right to claim damages for the breach of contract by the seller in international sales contract and to suggest reasonable counter-measures. The main contents are as follows: First, this author analyzed the principles of the seller's liability for damages in detail and examined the methods for the calculation of damages on the basis of Arts.74~77. As these articles are found to be insufficient in practical application, this author further examined the UNIDROIT Principles(2004) to confirm whether these Principles can fill the gaps of CISG or not, which turned out their gap-filling functions. Second, this author tried to find any expected problems when the buyer resorts to the right to claim damages in case of the seller's breach of contract including the estimation of damages, the burden of proof, causation, the proof of appropriateness for avoidance, the proof of buyer's obligation to mitigate the loss and so on. The reason is that these problems may cause a lot of difficulties in real business. As result, many buyers have given up their reasonable rights to claim damages so far. Finally, from the buyer's perspective, this author would like to suggest a liquidated damage clause(LD Clause) which gives the buyer to received a specified sum in case of seller's non-performance and/or a demand guarantee(or standby L/C) which guarantees buyer to secure unconditional payment independent of the underlying contract. For these purposes, the buyer should try to insert the LD Clause and/or Guarantee Clause in the contract when the buyer and the seller negotiate the sales contract. Also there are a lot of considerations and limitations in using the LD Clause and the Guarantee Clause in their real business, mainly dependent up bargain power between the seller and the buyer, for which this author promise to examine in detail in the future.