• Journal of Korea Trade
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• v.26 no.7
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• pp.93-108
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• 2022

Purpose - This paper examines the admissibility of restitution as the legal consequence where a contract is frustrated under the Law of Reform (Frustrated Contracts) Act 1943 in comparison with Korean Civil Code (KCC). In order to provide practical guidelines and advice regarding choice of and application of law for contracting parties in international trade, the paper comparatively evaluates requirements and the scope of restitution under the Act 1943 and KCC. Design/methodology - This paper executes a comparative study to analyze whether the parties may claim restitution of money paid or non-money benefit obtained before or after the time of discharge under English law and KCC. To achieve the purpose, it focuses on the identifying characteristics of each statute, thereby providing guidelines to overcome difficulties in legal application and interpretation as to restitution as the consequence of frustration. Findings - Under English law, the benefit may be restituted according to Art 1943 or the common law rule, mistake of fact or law. Under the KCC, restitution is considered based on the principle of the obligation to recover the original obtained regardless of the time when the benefit is conferred. Whilst Act 1943 does not require careful analysis of the grounds of restitution, requirements to justify restitution according to the principle of unjust enrichment, mistake of fact or law, and the KCC should be met. Meanwhile, the KCC may provide more opportunities to award restitution because it does not require the burden of proof related to the defendant's good faith, unlike the principle of unjust enrichment. Originality/value - Where the contract is frustrated by the effect of COVID-19, one legal issue is a consequence of frustration. Therefore, this paper analyzes requirements and the scope of restitution under English law as compared with the KCC in a timely manner. It provides contracting parties with practical guidelines and advice to reduce unpredictability when they choose the governing law in a contract.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.25-62
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• 2014

Avoidance refers to the process of terminating a contract because of a non-performance. It implies the right of the aggrieved party to refuse to accept further performance by the other side and to refuse to perform one's own counter-obligations, on a permanent basis. The 1980 U.N. Convention on the International Sale of Goods, hereinafter 'CISG', regulates in Arts. 81-84 the effects of avoidance. The primary effect is that prescribed in Art. 81.1 CISG: both parties are released from their obligations under the contract, subject to any damages which may be due. As seen, the CISG deals with the legal consequences of avoidance, including restitutionary claims. However, a closer look to CISG provisions on restitution reveals that certain matters are left open. For instance, the CISG leaves open questions such as the costs, place and time where restitution is to be made. In this particular, the Convention remains silent as to the consequences of a delayed or refused restitution or the buyer's liability when the goods are damaged or destroyed after the avoidance. In light of the above, the present article attempts to determine the extent to which the modes of restitution are regulated in the CISG and how possible gaps are to be filled.

• Journal of KSNVE
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• v.8 no.3
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• pp.513-523
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• 1998

Impact response of a vibro-impact system and its contact mechanism was studied. The vibro-impact system is composed of a small secondary system is constrained to move along a slot of fixed length in a large primary system. The contact mechanism is characterized by its coefficient of restitution. Numerical simulation analysis has been used to determine the time-history and the impact statistics of the primary and secondary systems. Input excitation of the primary system was random, and the responses obtained were the velocities of the primary and secondary system, the closing velocity in time axis and the duration time between impacts. The validity of the numerical simulation method was checked by comparing the results with those obtained by other researchers analytically. It is shown that the results obtained by the nemerical simulation analysis showed a good agreement with those for the analytical method.

• 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.

• Journal of Information Technology Applications and Management
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• v.27 no.6
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• pp.153-170
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• 2020

The Educational Restitution Rate is an important parameter that determines the quality of university education. This paper analyzed data from 148 private universities over the 10 years from 2009 to 2018 using data mining techniques in Korea. A significant causal relationship is detected in the fixed effect model as a result of the panel estimation. And the scale of faculty expansion and fund management, which are the university evaluation indicators, and the size of basic funds, respectively, have a positive effect on the ERR, which is within the confidence interval. In the analysis, the more private universities improve the tuition dependence rate, the more decisively positive affecting ERR. As a result of nonparametric regression estimation, when the faculty expansion ratio is reinforced, the effect of economies of scale is detected in some sections, the improvement of the tuition dependence rate, and the result value is generated through the improvement that results are derived at a certain point in time. We hope that the university based on this study can be a basic Indicators for the diagnosis of basic competencies and policy of student-centered education.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.15 no.3
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• pp.201-209
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• 2015

The deformed degree of car body varies largely with the collision part from side collision of car-to-car. In case of deformation of car body caused by collision, the movement is different as speed energy changes to strain energy. Generally, in the analysis of traffic accident, the movement of car after the collision is analyzed by law of conservation of motion and the error of energy absorption rate along the deformation of car body can be calibrated by inputting coefficient of restitution, but it is current situation that coefficient of restitution applied by referring to the research results of forward collision and backward collision because the research results of side collision is rare. Vehicle model of finite element method applied by structure of car body and materials of each component was analyzed by explicit finite element method, and coefficient of restitution and collision detection time along contact part of side collision was drawn by analyzing the results. Analysis result acquired through the law of conservation momentum by applying finally-computed coefficient of restitution and crash detection time compared to collision result of actual vehicle. As a result, the reliability of analysis was higher than the existing analysis method were acquired when applying the drawn initial input value that used finite element method analysis model.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.18 no.2
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• pp.217-226
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• 2018

Since the sides of a vehicle are designed asymmetrically unlike its front or rear, the degree of deformation of the car body greatly differs depending on the site of collision if a broadside collision takes place. When elastic deformation and plastic deformation occur in the car body occur due to a collision, the kinetic energy is absorbed into the body, and the momentum decreases. Generally, an analysis of traffic accidents analyzes the vehicle's behavior after a collision by the law of momentum conservation and corrects the error of the amount of energy absorption due to the deformation of the car body, applying a restitution coefficient. This study interpreted a finite element vehicle model applying the structure of the car body and the material properties of each part with LS-DYNA, analyzed the result and drew the restitution coefficient and the depth of penetration according to the contact area of the vehicle in a broadside collision between an SUV and a passenger car. When the finally calculated restitution coefficient and depth of penetration were applied to the examples of the actual traffic accidents, there was an effect on the improvement of the error in the result. It was found that when the initial input value, drawn using the finite element analysis model, it had a higher reliability of the interpretation than that of the existing analysis techniques.

• Journal of KSNVE
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• v.3 no.1
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• pp.29-37
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• 1993

This study is concerned about the impact type damper for effectively restraining the high vibration amplitude in the resonance regions. The theoretical analysis is based on the assumption that the impacts occur twice per cycle at an equal time interval. Simple but reasonable approximations have been derived for the optimum collision clearance and maximum amplitude ratio. Using the impact dampers which is rigidly attached to the primary vibration system, we have experimented for mass ratios and restitution coefficients. The experimental results are in good agreement with theoretical results.

• Korean Journal of Heritage: History & Science
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• v.54 no.2
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• pp.136-153
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• 2021

The restitution of cultural heritage located abroad has been going on for 107 years, starting with the return of the Jigwangguksa Tower to Beopcheonsaji Temple in Wonju after it was taken during the Japanese occupation in 1915. The Overseas Cultural Heritage Foundation, established in 2012, has laid the foundation for retrieval, preservation, restoration, and exchange of cultural heritage through research cooperation and the purchasing of cultural heritage items. The pace of the collection of cultural heritage objects and the locating of others has increased every year since its establishment, and the number of returned, rather than recovered, cultural heritage items has also increased. The present study aimed to complete a value inquiry of the cultural relics of Waryongmae (臥龍梅) and a restitution of cultural heritage as the main focuses. The process of recovering relics from Waryongmae has been recorded in the book The Cultural Property Returned into Our Arms, published by the above-mentioned foundation. This record was revised and supplemented to try and raise its cultural value by adding elaborate storytelling to the process of recovering the Waryongmae that grew in the courtyard of Changdeokgung Palace. The cultural value of Waryongmae is that it is unique. The Waryongmae is the first living cultural heritage, and therefore has cultural value due to its uniqueness. Second, the Waryongmae has unique cultural value due to its restitution and return to Korea twice, once in 1992, and another time in 1999. The first restitution was special in that it was featured by the Japanese media, and the second was special in that it was intensively reported by the Korean media. Third, 42 Waryongmae cultural content types were explored, including nineteen visual contents, eleven interactive contents, and twelve skate contents.

• Transactions of the Korean Society of Mechanical Engineers A
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• v.24 no.2 s.173
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• pp.535-542
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• 2000

This paper presents a method for the dynamic analysis of constrained multibody systems undergoing abrupt collision. The proposed method uses a longer time interval to check collision than that of c onventional method. This reduces the computational effort significantly. To calculate collision points on two colliding rigid bodies, one may introduce constraints of contact. However, this causes reduction of degree of freedom and difficulty of numerical analysis. The proposed method can calculate collision points without above mentioned problems. Three numerical examples are given to demonstrate the computational efficiency and the usefulness of the proposed method.