• Title/Summary/Keyword: Substitute Transaction

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Legal Bases for the Termination of a Contract under Common European Contract Law (유럽공통매매법(CESL)상 계약의 종료단계에서의 법적 기준 - CISG와의 비교를 중심으로 -)

  • SHIM, Chong-Seok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.67
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    • pp.23-47
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    • 2015
  • European Commission drafted and proposed the Common European Sales Law(CESL) to the European Parliament for the realization of a uniform set of international private law rules within the EU internal market. Since its purpose is for free international commercial activities for the sale of goods, for the supply of digital content and for related services, it was proposed to enable EU Member States to adopt or supplement as their substantive law according to their options. This study is relate to the legal bases on termination of a contract under CESL, they are composed of three parts: damages and interest, restitution and prescription. Damages and interest are divided into damages, general provisions on interest on late payments, and late payment by traders. Damages are explained by dividing into right to damages, general measure of damages, foreseeability of loss, loss attributable to creditor, reduction of loss, substitute transaction, and current price. Restitution is described by dividing into restitution on revocation, payment for monetary value, payment for use and interest on money received, compensation for expenditure and equitable modification. Prescription is explained by dividing into general provisions, periods of prescription and their commencement and extension of periods of prescription. General provisions explain right subject to prescription into a right to enforce performance of an obligation and any right ancillary to such a right. Regarding period of prescription, the short one is two years and the long one is ten years. However, in the case of a right to damages for personal injuries, period of prescription for such right is thirty years. Regarding commencement, the short one begins to run from the time when the creditor has become, or could be expected to have become, aware of the facts as a result of which the right can be exercised, while the long one begins to run from the time when the debtor has to perform. However, in the case of a right to damages, the CESL clarifies that it begins to run from the time of the act which gives rise the right.

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A Study on the Changes of the Basic Principles for the Examination of Documents and of Transport Document Related Articles under UCP600 (UCP 600의 서류심사기준(書類審査基準)의 기본원칙(基本原則)과 운송서류관련조항(運送書類關聯條項)의 변경내용(變更內容)에 관한 연구)

  • Oh, Won-Suk;Seo, Kyeong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.43
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    • pp.117-142
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    • 2009
  • The purpose of this paper is to examine the basic principles for the examination of documents in terms of the basic duty to examine the documents, the time allowed to the banks to examine the documents, linkage among the documents, the originality of documents and their issuers, and the rejection formula of documents. Further this author would look at the changes of particular transport document including bill of lading, charter-party bill of lading and so on. From the seller's perspective, the changes of the principles and individual documents under UCP600 are the most important in the sense that they affect the criteria against which the payment is made. The major changes include the omission of the phrase "with reasonable care", in terms of the basic examination principles, substitute the phrase "five banking days following the day of presentation" for the phrase "reasonable time, not to exceed seven banking days following the days of receipt of documents", introduce the new wording about the linkage between the documents tendered, and make clear the meaning of the originality of documents as well as the rejection formula. For transport documents, even though dealing with bill of lading, charter-party bill of lading, transport document covering at least two different modes of transport, freight-forwarder bill of lading and freight collect transport documents, this paper focuses on the "transhipment" of bill of lading and the definition of charter-party bill of lading. Thus, UCP has been changed several times to reflect the new banking customs and practice. It, however, would not answer every questions which users and banks will raise. These questions may be best answered in the particular underlying contract. The UCP are necessary but not a sufficient instrument for the smooth operation of an international trade transaction. The rules are now out: it remains to be seen what the players do with it.

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A Study on the Using Situation in Korea and Suggestions for Improvement of INCOTERMS (우리나라 무역업계의 INCOTERMS 사용현황과 개정방향에 관한 고찰)

  • Park, Kwang-So;Kim, Jae-Seong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.43
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    • pp.53-74
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    • 2009
  • INCOTERMS have been changed almost every 10 years since ICC established INCOTERMS as trade terms for International transaction. Recently transportation has become bigger, and modernized by means of electronic appliances such as RFID, IT, and containerization. FRC, FOR/FOT, FOA were added in INCOTERMS1980 and every conditions are unified into three alphabets in INCOTERMS1990. The best features of INCOTERMS2000 are that FCA substitute FRC, FOR/FOT, FOA and customs formalities were simplified to make clear for each party of contract. It seems that business circles still stick to old customs of their trade like FOB or CIF not only in Korea but in an international practice even though there have been several revisions of INCOTERMS until now. ICC have tried to provide INCOTERMS3000 to solve problems between a theory and an actual condition of international trade. This study has tried to suggest opinions against INCOTERMS3000 and has surveyed a recognition, an actual using situation and issues of INCOTERMS to get improvements. For a recognition of INCOTERMS has been spread as you can find at tables many kinds of business circles still stick to old customs of their trade terms FOB and CIF. Now there are two alternative plans. Firstly, we need to suggest improvements against inconsistency of INCOTERMS to be applied on newly revised INCOTERMS3000 and educating business circles to use proper conditions of INCOTERMS for their doing business. Secondly, we shall participate in revising INCOTERMS to activate multimodal transport conditions of INCOTERMS and provide solutions to fill gap between a theory and an actual condition of international trade. It seems that terms of multimodal transport such as FCA, CPT, or CIP can be a perfect condition for each party of contract. We have examined the inconsistent features of Ship's rail and notions of on board, and observed how to activate multimodal transport terms. These would be hot issues of next revision of INCOTERMS and we provided improvements on each trade terms, THC charges, or others against INCOTERMS.

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Remote Secure Entrance Control System using RFID and TCP/IP (RFID와 TCp/IP를 활용한 원격 보안 출입 제어 시스템)

  • Kim, Jeong-Sook;Kim, Cheon-Shik;Yoon, Eun-Jun;Hong, You-Sik
    • Journal of the Institute of Electronics Engineers of Korea CI
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    • v.45 no.6
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    • pp.60-67
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    • 2008
  • At present, RFID system is highly welcomed as a substitute system with its bar code recognition system and self recognition equipment. Consequently, the system has multi applications and can be complementing to its security. In particular, RFID system is significantly related with electronic transaction equipments : transportation card, ID card in check point, attendance sheet. Based upon these characteristic, the system is becoming extremely popular in the field of logistics, harbor and stock management, animal control and product circulation & distribution. In this dissertation, I would like to present a more efficient and stable remote entry control system with the network-based TCP/IP. It is a simple example of ubiquitous computing function. Above all, approved protocol system should be applied to the remote entry control function. Its efficient function with the applied approval protocol based-remote entry control system should be confirmed. Therefore, a preliminary test should be prerequisite in automatic entrance function with the embedded and TCP/IP-based RFID system.

The latest Situation of Medicinal Hers Culture and Improvement of Distribution Structure (최근의 약초재배 현황과 유통구조의 개선)

  • SangDeukAhn
    • Korean Journal of Plant Resources
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    • v.4 no.2
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    • pp.67-74
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    • 1991
  • Many people have a growing interest on the health result from economic improvement, various environimental pollution and stress, and unrest on the adult diseases etc.In these result, demand for the herb medicine continues to expand. Farmers of theour country have a hardship in the farm management owing to of opening and liberaliza-tion, and make strenuous efforts on the devclopment of substitute crops to overcomethese differties. Government nowadays recommends the cultivation of the economiccrops like a flowers, medicinal herbs mushroom and clean vegetables. Medicinal herbsare specially profitable among these crops because herbs are possible to culture inwaste land, disused field and slope land, and owing to need less labor and competitionthan those of other crops. The most important problem is the facts that the compli-cation of currency structure of herb medicine inflicts mucll loss to cultivators. Therefore, this study was investigated the state of herb cultivation and the facts to be imploved in currency structure of the harvested herb medicine.1 . The cultivating area and output have been gradually increased and much produc-ted in Kyoungbuk, Kangwon, Choongbuk, Cheonbuk and Cheonnam province in or-der of cultivating area 2. Collection amount of wild herb medicine is decreasig bythe reason of the varous difficulties on the collection. 3. Cultivators of medicinal herbscan make agricultural management more resonable in information exchange on theherb cultivation, purchase of seed, fertilizer, chemicals and other materials, and sell-ing of harvested herb medicine by organization of cultivator fraternity. 4 Cultivatorshave to exclude intermediary margin by the development of direct transaction andcontract cultivation with medicinal herb store, drug manufacturer, chinese meicinehospital and trading firm etc. And also, by the performing exportation with foreign consumer.

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A Recovery Scheme of SSD-based Databases using Snapshot Log (스냅샷 로그를 사용한 SSD 기반 데이터베이스 복구 기법)

  • Lim, Seong-Chae
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.19 no.4
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    • pp.85-91
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    • 2019
  • In this paper, we propose a new logging and recovery scheme that is suited for the high-performance transaction processing system base on flash memory storage. The proposed scheme is designed by considering flash's I/O characteristic of asymmetric costs between page update/read operations. That is, we substitute the costly update operation with writing and real-time usage of snapshot log, which is for the page-level physical redo. From this, we can avoid costly rewriting of a dirty page when it is evicted form a buffering pool. while supporting efficient revery procedure. The proposed scheme would be not lucrative in the case of HDD-based system. However, the proposed scheme offers the performance advance sush as a reduced number of updates and the fast system recovery time, in the case of flash storage such as SSD (solid state drive). Because the proposed scheme can easily be applied to existing systems by saving our snapshot records and ordinary log records together, our scheme can be used for improving the performance of upcoming SSD-based database systems through a tiny modification to existing REDO algorithms.

A Study on Intelligent Value Chain Network System based on Firms' Information (기업정보 기반 지능형 밸류체인 네트워크 시스템에 관한 연구)

  • Sung, Tae-Eung;Kim, Kang-Hoe;Moon, Young-Su;Lee, Ho-Shin
    • Journal of Intelligence and Information Systems
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    • v.24 no.3
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    • pp.67-88
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    • 2018
  • Until recently, as we recognize the significance of sustainable growth and competitiveness of small-and-medium sized enterprises (SMEs), governmental support for tangible resources such as R&D, manpower, funds, etc. has been mainly provided. However, it is also true that the inefficiency of support systems such as underestimated or redundant support has been raised because there exist conflicting policies in terms of appropriateness, effectiveness and efficiency of business support. From the perspective of the government or a company, we believe that due to limited resources of SMEs technology development and capacity enhancement through collaboration with external sources is the basis for creating competitive advantage for companies, and also emphasize value creation activities for it. This is why value chain network analysis is necessary in order to analyze inter-company deal relationships from a series of value chains and visualize results through establishing knowledge ecosystems at the corporate level. There exist Technology Opportunity Discovery (TOD) system that provides information on relevant products or technology status of companies with patents through retrievals over patent, product, or company name, CRETOP and KISLINE which both allow to view company (financial) information and credit information, but there exists no online system that provides a list of similar (competitive) companies based on the analysis of value chain network or information on potential clients or demanders that can have business deals in future. Therefore, we focus on the "Value Chain Network System (VCNS)", a support partner for planning the corporate business strategy developed and managed by KISTI, and investigate the types of embedded network-based analysis modules, databases (D/Bs) to support them, and how to utilize the system efficiently. Further we explore the function of network visualization in intelligent value chain analysis system which becomes the core information to understand industrial structure ystem and to develop a company's new product development. In order for a company to have the competitive superiority over other companies, it is necessary to identify who are the competitors with patents or products currently being produced, and searching for similar companies or competitors by each type of industry is the key to securing competitiveness in the commercialization of the target company. In addition, transaction information, which becomes business activity between companies, plays an important role in providing information regarding potential customers when both parties enter similar fields together. Identifying a competitor at the enterprise or industry level by using a network map based on such inter-company sales information can be implemented as a core module of value chain analysis. The Value Chain Network System (VCNS) combines the concepts of value chain and industrial structure analysis with corporate information simply collected to date, so that it can grasp not only the market competition situation of individual companies but also the value chain relationship of a specific industry. Especially, it can be useful as an information analysis tool at the corporate level such as identification of industry structure, identification of competitor trends, analysis of competitors, locating suppliers (sellers) and demanders (buyers), industry trends by item, finding promising items, finding new entrants, finding core companies and items by value chain, and recognizing the patents with corresponding companies, etc. In addition, based on the objectivity and reliability of the analysis results from transaction deals information and financial data, it is expected that value chain network system will be utilized for various purposes such as information support for business evaluation, R&D decision support and mid-term or short-term demand forecasting, in particular to more than 15,000 member companies in Korea, employees in R&D service sectors government-funded research institutes and public organizations. In order to strengthen business competitiveness of companies, technology, patent and market information have been provided so far mainly by government agencies and private research-and-development service companies. This service has been presented in frames of patent analysis (mainly for rating, quantitative analysis) or market analysis (for market prediction and demand forecasting based on market reports). However, there was a limitation to solving the lack of information, which is one of the difficulties that firms in Korea often face in the stage of commercialization. In particular, it is much more difficult to obtain information about competitors and potential candidates. In this study, the real-time value chain analysis and visualization service module based on the proposed network map and the data in hands is compared with the expected market share, estimated sales volume, contact information (which implies potential suppliers for raw material / parts, and potential demanders for complete products / modules). In future research, we intend to carry out the in-depth research for further investigating the indices of competitive factors through participation of research subjects and newly developing competitive indices for competitors or substitute items, and to additively promoting with data mining techniques and algorithms for improving the performance of VCNS.

A Study on Improvement of Collaborative Filtering Based on Implicit User Feedback Using RFM Multidimensional Analysis (RFM 다차원 분석 기법을 활용한 암시적 사용자 피드백 기반 협업 필터링 개선 연구)

  • Lee, Jae-Seong;Kim, Jaeyoung;Kang, Byeongwook
    • Journal of Intelligence and Information Systems
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    • v.25 no.1
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    • pp.139-161
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    • 2019
  • The utilization of the e-commerce market has become a common life style in today. It has become important part to know where and how to make reasonable purchases of good quality products for customers. This change in purchase psychology tends to make it difficult for customers to make purchasing decisions in vast amounts of information. In this case, the recommendation system has the effect of reducing the cost of information retrieval and improving the satisfaction by analyzing the purchasing behavior of the customer. Amazon and Netflix are considered to be the well-known examples of sales marketing using the recommendation system. In the case of Amazon, 60% of the recommendation is made by purchasing goods, and 35% of the sales increase was achieved. Netflix, on the other hand, found that 75% of movie recommendations were made using services. This personalization technique is considered to be one of the key strategies for one-to-one marketing that can be useful in online markets where salespeople do not exist. Recommendation techniques that are mainly used in recommendation systems today include collaborative filtering and content-based filtering. Furthermore, hybrid techniques and association rules that use these techniques in combination are also being used in various fields. Of these, collaborative filtering recommendation techniques are the most popular today. Collaborative filtering is a method of recommending products preferred by neighbors who have similar preferences or purchasing behavior, based on the assumption that users who have exhibited similar tendencies in purchasing or evaluating products in the past will have a similar tendency to other products. However, most of the existed systems are recommended only within the same category of products such as books and movies. This is because the recommendation system estimates the purchase satisfaction about new item which have never been bought yet using customer's purchase rating points of a similar commodity based on the transaction data. In addition, there is a problem about the reliability of purchase ratings used in the recommendation system. Reliability of customer purchase ratings is causing serious problems. In particular, 'Compensatory Review' refers to the intentional manipulation of a customer purchase rating by a company intervention. In fact, Amazon has been hard-pressed for these "compassionate reviews" since 2016 and has worked hard to reduce false information and increase credibility. The survey showed that the average rating for products with 'Compensated Review' was higher than those without 'Compensation Review'. And it turns out that 'Compensatory Review' is about 12 times less likely to give the lowest rating, and about 4 times less likely to leave a critical opinion. As such, customer purchase ratings are full of various noises. This problem is directly related to the performance of recommendation systems aimed at maximizing profits by attracting highly satisfied customers in most e-commerce transactions. In this study, we propose the possibility of using new indicators that can objectively substitute existing customer 's purchase ratings by using RFM multi-dimensional analysis technique to solve a series of problems. RFM multi-dimensional analysis technique is the most widely used analytical method in customer relationship management marketing(CRM), and is a data analysis method for selecting customers who are likely to purchase goods. As a result of verifying the actual purchase history data using the relevant index, the accuracy was as high as about 55%. This is a result of recommending a total of 4,386 different types of products that have never been bought before, thus the verification result means relatively high accuracy and utilization value. And this study suggests the possibility of general recommendation system that can be applied to various offline product data. If additional data is acquired in the future, the accuracy of the proposed recommendation system can be improved.

A Study on Garden Design Principles in "Sakuteiki(作庭記)" - Focused on the "Fungsu Theory"(風水論) - (「사쿠테이키(作庭記)」의 작정원리 연구 - 풍수론(風水論)을 중심으로 -)

  • Kim, Seung-Yoon
    • Journal of the Korean Institute of Landscape Architecture
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    • v.41 no.6
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    • pp.1-19
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    • 2013
  • This study tries to review 'Sakuteiki(作庭記)', the Book of Garden Making, compiled at the end of the 11th Century during the Heian Period of Japan, from the East-Asian perspective. 'Sakuteiki' is a Garden Theory Book, the oldest in the world as well as in Asia, and it contains the traditional knowledge of Japanese ancient garden culture, which originated from the continent(Korea and China). Traditional knowledge related to East-Asian garden culture reviewed in this paper is "Fungsu Theory"(風水, Asian traditional ecology: Fengshui in Chinese; Fusui in Japanese), stemmed from the culture to seek sound and blessed places to live in. Viewed from modern landscape architecture, the Fungsu Theory corresponds to ecology(science). The Fungsu Theory was established around the Han Dynasty of China together with the Yinyangwuxing(陰陽五行) Theory and widely used for making human residences including gardens. It was transmitted to Japan via Korea as well as through direct transaction between Japan and China. This study reinterprets garden design principles represented in Sakuteiki, which were selected in 5 key words according to the Fungsu Theory. The 5 key words for the Fungsu Theory are "the place in harmony of four guardian gods(四神相應地)", "planting trees in the four cardinal directions", "flow of Chi(氣)", "curved line and asymmetry", and "mountain is the king, water is the people". Garden design principles of "the place in harmony of four guardian gods(四神相應地)" and "planting trees in the four cardinal directions" are corresponding to "Myeongdang-ron(明堂論, Theory of propitious site)". The place in harmony of four guardian gods mentioned in Sakuteiki is a landform surrounded by the flow of water to the east, the great path to the west, the pond to the south, and the hill to the north. And the Theory originated from Zhaijing(宅經, Classic of dwelling Sites) of China. According to this principle, the city was planned and as a miniature model, the residence of the aristocrat during the Heian period was made. At the residence the location of the garden surrounded by the four gods(the flow of water, the great path, the pond, and the hill) is the Myeongdang(明堂, the propitious site: Mingtang in Chinese; Meido in Japanese). Sakuteiki explains how to substitute for the four gods by planting trees in the four cardinal directions when they were not given by nature. This way of planting originated from Zhaijing(宅經) and also goes back to Qiminyaoshu (齊民要術), compiled in the 6th Century of China. In this way of planting, the number of trees suggested in Sakuteiki is related to Hetu(河圖) and Luoshu(洛書), which are iconography of Yi(易), the philosophy of change, in ancient China. Such way of planting corresponds to that of Yongdoseo(龍圖墅, the villa based on the principle of Hetu) presented in Sanrimgyeongje (山林經濟), an encyclopedia on agriculture and living in the 17th Century of Korea. And garden design principles of "the flow of Chi(氣)", "curved line and asymmetry" is connected to "Saenggi Theory(生氣論, Theory of vitality)". Sakuteiki explains the right flow of Chi(氣) through the proper flow and the reverse flow of the garden stream and also suggests the curved line of the garden stream, asymmetric arrangement of bridges and stones in the garden, and indented shape of pond edges, which are ways of accumulating Chi(氣) and therefore lead to "Saenggi Theory" of the Fungsu Theory. The last design principle, "mountain is the king, water is the people", is related to "Hyeongguk Theory(形局論, Theory of form)" of the Fungsu Theory. Sakuteiki explains the meaning of garden through a metaphor, which views mountain as king, water as the people, and stones as king's retainers. It compares the situation in which the king governs the people with the help of his retainers to the ecological phenomena in which mountain(earth) controls water with the help of stones. This principle befits "Hyeongguk Theory(形局論, Theory of form)" of the Fungsu Theory which explains landform on the analogy of social systems, people, animals and things. As above, major garden design principles represented in Sakuteiki can be interpreted in the context of the Fungsu Theory, the traditional knowledge system in East Asia. Therefore, we can find the significance of Sakuteiki in that the wisdom of ancient garden culture in East-Asia was integrated in it, although it described the knowhow of a specific garden style in a specific period of Japan.