• Journal of architectural history
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• v.2 no.1 s.3
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• pp.25-41
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• 1993

This study was made to analyze the housing adjustment phenomenon in the first half of Chosun Dynasty by applying Microsociological approach. By reviewing the housing adjustment theory of Morris and Winter, research model for the period was developed in terms of socioeconomic characteristics, normative housing deficit (=cultural norm-housing condition+family norm), constraints, behavioral propensities, and housing adjustment mechanism with the following results : 1. In the first half of Chosun Dynasty the size of the house, the house site and decorating items were specified by law (cultural norm) according to the social status. Although the law was constraints for the housing phenomenon, it was not applied universally. Frequantly the law was violated by the upper class. By the middle of the Dynasty the family norm became more important for the housing phenomenon than the cultural norm. 2. Efforts were made to practice the Confucianism as a cultural norm in the first half of Chosun Dynasty At that time Husband-Living-in-Wife's-House was more popular than Wife-Living-in-Husband's-House. Because the customs were against the Confucianism, the latter was encouraged by law. But it did not change. Instead a compromised system became popular in the middle of the Dynasty. The house shrine was practiced to increase the symbolism of the family, which, in turn, exerted influences in deciding the housing site (cultural norm). These cultural norm was not accepted as the family norm untill the second half of the Dynasty. These trends forced the man and woman use separate areas of the house, and formulated a hierarchic positions within a house. 3. It was shown that the settlement of Confucianism as a family norm was closely related to the popularization of the Ondol system in the house, which functioned as one of the behavioral propensities to encourage diversity of space for many purposes. Though the Ondol system was accepted as a useful heating system earlier, this became more popular in the middle of the Dynasty because the housing pattern with Ondol fitted very well with a large family system with patriarchism. Ondol system for one or two rooms substituted Ondol for all rooms in the second half of the Dynasty. 4. From the beginning of the Dynasty housing adjustment of the family was determined by the social status and by law (cultural norm). Within this cultural norm each family decided its adjustment mechanism according to its economic ability (family norm). Family norm was more important factor than the cultural norm to determine the micro-space pattern in the house. But this period witnessed the formations of new conditions by the ruling class's efforts to implement new ethics for hierarchy and sexual discrimination. According to these conditions the Confucianism overruled the family norm in the later period.

• Journal of architectural history
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• v.23 no.5
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• pp.7-22
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• 2014

It is identified that an initial person who built of 'Seoul Gyedong Modernized Hanok(former Min Hyeong-gi house)' used as 'Bukchon Culture Center' in present, was not Min Hyeong-gi, but his wife, Yu Jin-gyeong, and she built it when 8 years went on after his death(1879~1973), and the construction year was at the gate of Chuseok in 1921. Yu Jin-gyeong was Head Family's Eldest Daughter-in-law in family of Yeo Heung-min who was an influential person at the late Joseon Dynasty and was widow who had only son for 3 generations. And she built this house and moved to gain daughter and live futher grandchilds together in law in new nest. It is arranged that an annex surrounds with main building as the central figure. And this house emulates Yeonkeong-dang in backyard of the Changdeok Palace for 'preservation of main building' and Chim-bang-ga-toe applied on a bedroom in a palace is applied around nobleman family's the main room. It is rare case and expresses that a palace factor is borrowed. Yu Jin-gyeong's house is that a tradition Hanok is adjusted closely in city and central and basing mode as 'protective bedding' and building concept as 'a noble and protective architecture' is realized. So it has a character that development of Hangrang architecture is appeared and Head Family's Eldest Daughter-in-law widow of modern upper class had a special benefit. As well as, a meaning that it is experimental house based on tradition and is build of Hanok with housekeeping as the central figure for appear a form which has minimal Hangrang for housekeeping in yangban family of modern city, can be found.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.14
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• pp.103-152
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• 2000

English contract law has traditionally taken the view that it is not the duty of the parties to a contract to give information voluntarily to each other. In English law, one of the principal distinctions between insurance contract law and general contract law is the existence of the doctrine of utmost good faith in insurance law. The doctrine gives rise to a variety of duties, some of which apply before formation of the contract while others apply post-formation. This article is, therefore, designed to analyse the overall structure and problems of the doctrine of utmost good faith in English marine insurance law. The results of analysis are as following : First, the requirement of utmost good faith in marine insurance law arises from the fact that many of the relevant circumstances are within the exclusive knowledge of the assured and it is impossible for the insurer to obtain the facts to make a appropriate calculation of the risk that he is asked to assume without this information. Secondly, the duty of utmost good faith provided in MIA 1906, s. 17 has the nature as a bilateral or reciprocal, overriding and absolute duty. Thirdly, the Court of Appeal in Skandia held that breach of the pre-formation duty of utmost good faith did not sound in damages since the duty did not arise out of an implied contractual term and the breach did not constitute a tort. Instead, the Court of Appeal held that the duty was an extra-contractual duty imposed by law in the form of a contingent condition precedent to the enforceability of the contract. Fourthly, the scope of the duty of utmost good faith is closely related to the test of materiality and the assured is required to disclose only material circumstances subject to MIA 1906, s. 18(1) and 20(1). The test of materiality, which had caused a great deal of debate in English courts over 30 years, was finally settled by the House of Lords in Pan Atlantic and the House of Lords rejected the 'decisive influence' test and the 'increased risk' test, and the decision of the House of Lords is thought to accept the 'mere influence' test in subsequent case by the Court of Appeal. Fifthly, the insurer is, in order to avoid contract, required to provide proof that he is induced to enter into the contract by reason of the non-disclosure or misrepresentation of the assured. Sixthly, the duty of utmost good faith is, in principle, terminated before contract is concluded, but it is undoubtful that the provision under MIA 1906, s. 17 is wide enough to include the post-formation duty. The post-formation duty is, however, based upon the terms of marine insurance contract, and the duty lies entirely outside s. 17. Finally, MIA 1906, s. 17 provides expressly for the remedy of avoidance of the contract for breach of the duty. This means rescission or retrospective avoidance of the entire contract, and the remedy is based upon a fairly crude 'all-or-nothing' approach. What is needed in English marine insurance law is to introduce a more sophiscated or proportionate remedy.

• Proceeding of Spring/Autumn Annual Conference of KHA
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• 2005.11a
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• pp.287-290
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• 2005

Precast Concrete apartments were main stream of domestic industrialized housing around 90's , and Steel Houses applying Steel Stud technique with light weighted steel have been dominant portion since 1995. On the other hand, various building techniques including Steel Stud method and highly prefabricated and industrialized Unit method are prevailing in developed countries like Japan. Steel stud and Unit Box have their own merits an demerits, but the more crucial aspect is that the constant design standard should be applied in each design procedure. It entails the necessity of industrial housing development on the Open System basis. In this study, the design standard for Unit house will be established coping with the established preparing standard for design specifications defined by Architectural Law and Promotion Law of Housing Construction. That is for design standard of industrialized private housing on the Open System basis.

• Proceeding of Spring/Autumn Annual Conference of KHA
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• 2005.11a
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• pp.291-294
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• 2005

Precast Concrete apartments were main stream of domestic industrialized housing around 90's , and Steel Houses applying Steel Stud technique with light weighted steel have been dominant portion since 1995. On the other hand, various building techniques including Steel Stud method and highly prefabricated and industrialized Unit method are prevailing in developed countries like Japan. Steel Stud and Unit Box have their own merits and demerits, but the more crucial aspect is that the constant design standard should be applied in each design procedure. It entails the necessity of industrial housing development on the Open System basis. In this study, the design standard for Unit house will be established coping with the established preparing standard for design specifications defined by Architectural Law and Promotion Law of Housing Construction. That is for design standard of industrialized private housing on the Open System basis.

• Land and Housing Review
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• v.9 no.4
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• pp.1-9
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• 2018

Since year 2000, French housing and rent prices rose at a rapid rate and the housing market has been overheated. Face to this phenomena, the French government enacted a new law Alur which is a legislatif tool to control the private housing rent price for the cities, where the tension of the housing market is very high. This new law has impacted the housing market in two major ways. First, for the 38 cities designated by this law, the rent price's increase rate can not rise above the IRL, which is the rent reference index. Secondly, this law also permits local authorities to control the housing rent's price following the concrete price guidance. Especially in Paris, the city applicated this method for private rental housing since 2015. This city classified its own area by 14 zones. Based on the market surveys of each sector, local authority made a guidance for private housing rent's price. The guideline is consisted of average prices, maxima and minima price by types, which is classified by the construction year, number of rooms and furnished or not. Therefore, this study aims to understand french housing rent's price control system and draw implementation for korean housing rent policies. This research is meaningful for it introduces recent foreign regislations which could be helpful to control the housing market in Korea.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.15
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• pp.59-87
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• 2001

In recent years electronic fund transfers covered by the Electronic Fund Transfer Act 1978 for consumer protection and the Article 4A of Uniform Commercial Code(U.C.C.) 1989 for wholesale electronic payments in United States. Electronic fund transfers carried out by use of a wire transfer network, automated clearing house, or other communication system of a clearing house or other association of banks such as direct deposit, Fedwire, automated teller machine, point-of-sale, and credit card transactions have been increasingly common in consumer transactions and wholesale transactions. Especially, the Article 4A of U.C.C. governs the rights and obligations associated with transactions such as an issue and acceptance of payment order, execution of sender's payment order by receiving bank, and payment. These legal frameworks in connection with electronic fund transfers in United States can play a leading role in establishing model not only within the United States, but also as a basis for developments of electronic commerce law in Korea including other countries.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.24
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• pp.25-49
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• 2004

English contract law has traditionally taken the view that it is not the duty of the parties to a contract to give information voluntarily to each other. In English law, one of the principal distinctions between insurance contract law and general contract law is the existence of the duty of disclosure in insurance law. This article is, therefore, designed to analyse the scope or extent of the duty of disclosure and the remedy for breach of the duty in English marine insurance law. The main purpose of this article is also to seek the alternative remedy for the breach. The results of analysis are as following : First, the scope of the duty of disclosure is closely related to the test of materiality and the concept of a hypothetical prudent insurer. The assured is required to disclose only material circumstances subject to MIA 1906, s. 18(1). The test of materiality, which had caused a great deal of debate in English courts over 30 years, was finally settled by the House of Lords in Pan Atlantic and the House of Lords rejected the 'decisive influence' test and the 'increased risk' test, and the decision of the House of Lords is thought to accept the 'mere influence' test in subsequent case by the Court of Appeal. Secondly, an actual insurer is, in order to avoid contract, required to provide proof that he is induced to enter into the contract by reason of the non-disclosure of the assured. But this subjective test of actual inducement is somewhat meaningless in sense that English court takes the test of materiality as a starting point and assumes the presumption of inducement even in case of no clear proof on the inducement. Finally, MIA 1906, s. 18 provides expressly for the remedy of avoidance of the contract for breach of the duty of disclosure. This means rescission or retrospective avoidance of the entire contract, and the remedy is based upon a fairly crude 'all-or-nothing' approach. The remedy of rescission is too draconian from the point of view of the assured, because he can be deprived of all cover despite he is innocent perfectly. An inadvertent breach from an innocent mistake is as fatal as wilful concealment. What is, therefore, needed in English marine insurance law with respect to remedy for the breach is to introduce a more sophisticated or proportionate remedy ascertaining degrees of fault.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.235-270
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• 2009

This Article examines what is contemplated by the term "accident," what is meant by "bodily injury," and what damages are recoverable under Article 17 of both the Warsaw Convention of 1929 and the Montreal Convention of 1999. It examines differences in the jurisprudence of the US Supreme Court, the UK House of Lords, and the Australian High Court in interpreting these terms, and the problems posed by these different interpretations in achieving the uniformity of international aviation liability law contemplated by the Warsaw and Montreal Conventions.

• Journal of The Institute of Information and Telecommunication Facilities Engineering
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• v.6 no.3
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• pp.15-24
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• 2007

According to an apartment house environment and the service provide method of major telecom operators, is providing optic-LAN service with installing the equipments of optical office center and optic distribution at MDF(Main Distribution Frame) and under-ground of apartment. therefore the distribute is deepening between service providers because of space securement to install equipments and spare pipe securement to reinstall UTP cable. These were reasons that operators leaned to subscriber collection and neglected to maintenance, in addition, insist the facilities invested by each operators is his own assets for all that in-plant of apartment house is private land. So, would not being touched by others. Accordingly, this study will search it through the field current condition examine that service's types and methods which various telecom operators and broadcast operators are providing, the current conditions of being maintained, the problems of being happened. etc. and would like to improve that the users could use the services safely by making the information & communication facilities maintenance mandatory under the regular size of apartment house circumstances through the analysis of various laws relations which are managed information & communication construction work law, telecommunication basis law, home network. etc. technical standards by the Ministry of Information and Communication and are managed housing law, construction law, the regulation related to house construct standards. etc. by the Ministry of Construction and Transportation.