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A Study on the Legal Explanation and Cases of Remedies for Breach of Contract by the Buyer under CISG (CISG하에서 매수인의 계약위반에 대한 매도인의 구제수단에 관한 고찰 - CISG 제3편 제3장 제3절(제61조 내지 제65조)의 규정해석과 판결례를 중심으로 -)

  • Shim, Chong-Seok
    • International Commerce and Information Review
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    • v.14 no.3
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    • pp.231-251
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    • 2012
  • The remedies available to a seller that has suffered a breach of contract by the buyer are addressed in Section III of Chapter III of Part III. The first provision in the section, 61, catalogues those remedies and authorizes an aggrieved seller to resort to them. The remaining provisions of the section address particular remedies or prerequisites to remedies. The subject matter of the current section remedies for breach of contract by the buyer obviously parallels that of Section III of Chapter II of Part III remedies for breach of contract by the seller. Many individual provisions within these sections form matched pairs. Thus 61, which catalogs the seller's remedies, which catalogs the buyer's remedies. Other provisions in the current section that have analogues in the section on buyer's remedies include 62, seller's right to require buyer's performance 63, seller's right to fix an additional period for buyer to perform and 64, seller right to avoid the contract. As was the case with the provisions on buyers' remedies, the articles governing sellers' remedies operate in conjunction with a variety of provisions outside the current section. Thus the seller's right to require performance by the buyer is subject to the rule in 28 relieving a court from the obligation to order specific performance in circumstances in which it would not do so under its own law. The authorization in 61 for a seller to claim damages for a buyer's breach operates in connection with 74-76, which specify how damages are to be measured. 49, stating when an aggrieved seller can avoid the contract, is part of a network of provisions that address avoidance, including the definition of fundamental breach, the requirement of notice of avoidance, provisions governing avoidance in certain special circumstances, measures of damages available only if the contract has been avoided and the provisions of Section V of Part III, Chapter V on effects of avoidance.

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The Empirical Study on the Effects of the Team Empowerment caused by the Team-Based Organizational Structure in KBS (팀제가 팀 임파워먼트에 미치는 영향에 관한 연구;KBS 팀제를 중심으로)

  • Ahn, Dong-Su;Kim, Hong
    • 한국벤처창업학회:학술대회논문집
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    • 2006.04a
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    • pp.167-201
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    • 2006
  • Korean corporations are transforming their vertical operational structure to a team-based structure to compete in the rapidly changing environment and for improved performance. However, a high percentage of the respondents in KBS said that despite the appearance of the present team structure, the organization operates much like a vertically-structured organization. This result can be attributed to the lack of study and implementation toward the goal of empowerment, the key variable for the success of the team-based structure. This study aims to provide policy suggestions on how to implement the process of empowerment, by investigating the conditions that hinder the process and the attitude of the KBS employees. For the cross-sectional study, this thesis examined the domestic and international references, conducted a survey of KBS employees, personal interviews and made direct observations. Approximately 1,200 copies of the Questionnaire were distributed and 474 were completed and returned. The analysis used SPSS 12.0 software to process the data collected from 460 respondents. For the longitudinal-study, six categories that were common to this study and "The Report of the Findings of KBS Employees' View of the Team Structure" were selected. The comparative study analyzed the changes in a ten-month period. The survey findings showed a decrease of 24.2%p in the number of responses expressing negative views of the team structure and a decrease of 1.29%p in the number of positive responses. The findings indicated a positive transformation illustrating employees' improved understanding and approval of the team structure. However, KBS must address the issue on an ongoing basis. It has been proven that the employee empowerment increases the productivity of the individual and the group. In order to boost the level of empowerment, the management must exercise new, innovative leadership and build trust between the managers and the employees first. Additional workload as a result of shirking at work places was prevalent throughout all divisions and ranks, according to the survey data. This outcome leads to the conclusion that the workload is not evenly distributed or shared. And the data also showed the employees do not trust the assessment and rewards system. More attention and consideration must be paid to the team size and job allocation in order to address this matter; the present assessment and rewards system need to be complemented. The type of leadership varies depending on the characteristics of the organization's structure and employees' disposition. KBS must develop and reform its own management, leadership style to suit the characteristics of individual teams. Finally, for a soft-landing of KBS team structure, in-house training and education are necessary.

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How to Reflect Sustainable Development, exemplified by the Equator Principles, in Overseas Investment (해외투자(海外投資)와 지속가능발전 원칙 - 프로젝트 파이낸스의 적도원칙(赤道原則)을 중심으로 -)

  • Park, Whon-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.31
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    • pp.27-56
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    • 2006
  • Today's financial institutions usually take environmental issues seriously into consideration as they could not evade lender liability in an increasing number of cases. On the international scene, a brand-new concept of the "Equator Principles" in the New Millenium has driven more and more international banks to adopt these Principles in project financing. Sustainable development has been a key word in understanding new trends of the governments, financial institutions, corporations and civic groups in the 21st century. The Equator Principles are a set of voluntary environmental and social guidelines for sustainable finance. These Principles commit bank officers to avoid financial support to projects that fail to meet these guidelines. The Principles were conceived in 2002 on an initiative of the International Finance Corporation(IFC), and launched in June 2003. Since then, dozens of major banks, accounting for up to 80 percent of project loan market, have adopted the Principles. Accordingly, the Principles have become the de facto standard for all banks and investors on how to deal with potential social and environmental issues of projects to be financed. Compliance with the Equator Principles facilitates for endorsing banks to participate in the syndicated loan and help them to manage the risks associated with large-scale projects. The Equator Principles call for financial institutions to provide loans to projects under the following circumstances: - The risk of the project is categorized in accordance with internal guidelines based upon the environmental and social screening criteria of the IFC. - For Category A and B projects, borrowers or sponsors are required to conduct a Social and Environmental Assessment, the preparation of which must meet certain requirements and satisfactorily address key social and environmental issues. - The Social and Environmental Assessment report should address baseline social and environmental conditions, requirements under host country laws and regulations, sustainable development, and, as appropriate, IFC's Environmental, Health and Safety Guidelines, etc. - Based on the Social and Environmental Assessment, Equator banks then make agreements with borrowers on how they mitigate, monitor and manage the risks through a Social and Environmental Management System. Compliance with the plan is included in the covenant clause of loan agreements. If the borrower doesn't comply with the agreed terms, the bank will take corrective actions. The Equator Principles are not a mere declaration of cautious banks but a full commitment of lenders. A violation of the Principles in the process of project financing, which led to an unexpected damage to the affected community, would not give rise to any specific legal remedies other than ordinary lawsuits. So it is more effective for banks to ensure consistent implementation of the Principles and to have them take responsible measures to solve social and environmental issues. Public interests have recently mounted up with respect to environmental issues on the occasion of the Supreme Court's decision (2006Du330) on the fiercely debated reclamation project at Saemangeum. The majority Justices said that the expected environmental damages like probable pollution of water and soil were not believed so serious and that the Administration should continue to implement the project seeking ways to make it more environment friendly. In this case, though the Category A Saemangeum Project was carried out by a government agency, the Supreme Court behaved itself as a signal giver to approve or stop the environment-related project like an Equator bank in project financing. At present, there is no Equator bank in Korea in contrast to three big banks in Japan. Also Korean contractors, which are aggressively bidding for Category A-type projects in South East Asia and Mideast, might find themselves in a disadvantageous position because they are generally ignorant of the environmental assessment associated with project financing. In this regard, Korean banks and overseas project contractors should care for the revised Equator Principles and the latest developments in project financing more seriously. It's because its scope has expanded to the capital cost of US$10 million or more across all industry sectors regardless of developing countries or not. It should be noted that, for a Korean bank, being an Equator bank is more or less burdensome in a short-term period, but it must be conducive to minimizing risks and building up good reputation in the long run.

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Cost-based Optimization of Block Recycling Scheme in NAND Flash Memory Based Storage System (NAND 플래시 메모리 저장 장치에서 블록 재활용 기법의 비용 기반 최적화)

  • Lee, Jong-Min;Kim, Sung-Hoon;Ahn, Seong-Jun;Lee, Dong-Hee;Noh, Sam-H.
    • Journal of KIISE:Computing Practices and Letters
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    • v.13 no.7
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    • pp.508-519
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    • 2007
  • Flash memory based storage has been used in various mobile systems and now is to be used in Laptop computers in the name of Solid State Disk. The Flash memory has not only merits in terms of weight, shock resistance, and power consumption but also limitations like erase-before-write property. To overcome these limitations, Flash memory based storage requires special address mapping software called FTL(Flash-memory Translation Layer), which often performs merge operation for block recycling. In order to reduce block recycling cost in NAND Flash memory based storage, we introduce another block recycling scheme which we call migration. As a result, the FTL can select either merge or migration depending on their costs for each block recycling. Experimental results with Postmark benchmark and embedded system workload show that this cost-based selection of migration/merge operation improves the performance of Flash memory based storage. Also, we present a solution of macroscopic optimal migration/merge sequence that minimizes a block recycling cost for each migration/merge combination period. Experimental results show that the performance of Flash memory based storage can be more improved by the macroscopic optimization than the simple cost-based selection.

An Empirical Study of Logistics Performance and Outsourcing Types of Korean Distributors (유통업체의 정보물류시스템 아웃소싱 유형과 물류성과에 관한 실증연구)

  • Yoo, Chang-Kwon
    • Journal of Distribution Science
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    • v.12 no.4
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    • pp.41-46
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    • 2014
  • Purpose - This study focused on providing strategic findings that make significant sense for companies that are looking for a future outsourcing strategy. The study analyzes the results of outsourcing in the information logistics systems field and verifies the results through experimental study of the performance delivered by logistics outsourcing types. Research design, data, and methodology - The study sample was assembled based on a random sampling method used to extract the initial 451 companies from a list of Korean distributors, wholesalers, and retailers. Following that sample process, 423 companies were confirmed by verifying their e-mail address and contacts (telephone and fax numbers), and were selected as initial research subjects. We reduced that number to 331 companies for the survey sample through telephone interviews in advance with the 423 companies that were targeted, in order to verify whether they are in the field of outsourcing of information logistics systems. The period of the survey extended from November 10, 2013 to January 10, 2014. The number of collected surveys totaled 181. We reviewed the contents of the survey responses, and reduced the number of research subjects to 175. In this study, we used a standard analysis to investigate whether there is a difference in distribution results based on different types of outsourcing information in the logistics system field and, through T-verification, we investigated whether the difference between distribution results in each group resulting from that standard analysis is statistically significant. Results - These results show that there is a difference in distribution outcome, based upon type of distribution outsourcing. In addition, we determined that they are meaningful results by confirming that, for usability and to improve the capabilities of a third-party logistics service supplier, both the choice of reasonable outsourcing types and the enhancement of various types of alliances are very important success factors. Taken together these study results, with a goal of enhancing the distribution capabilities of a Korean distributor, can be implemented to enhance management results achievable by supplying an information logistics system in the form of strategic outsourcing rather than in the form of simple outsourcing. In addition, the outcomes of logistics distributors in Korea that are using outsourcing in the logistics information systems field show high performance results in commercial endeavors in the following order: competitive, pre-competitive, non-competitive, and pro-competitive. Conclusions - This study focused on providing strategic findings. However, in the case of outsourcing in the field of information logistics systems of Korean distributors, there has been a focus on simple outsourcing rather than on strategic outsourcing; furthermore, there has been a concentration on non-competitive forms instead of pro-competitive forms, which could achieve better distribution results. This discussion is presented in more detail in the analysis results of this study.

The Impact on Supportive Education on the Effectiveness of Breast Self-examination among College Women and Correlate to Self-Efficacy (여대생에게 실시한 지지교육이 유방자가검진 교육에 미치는 영향과 자기효능과의 관계연구)

  • Lee, Mi-Wha;Choi, In-Hee
    • Korean Journal of Adult Nursing
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    • v.13 no.3
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    • pp.397-408
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    • 2001
  • Currently, breast cancer ranks third among women' s cancers, and as its incidence is increasing, the incidence age is also becoming lower. Therefore it is necessary to address breast cancer for women in their twenties. As there is no way presently to prevent breast cancer, it is imperative that women take available interventions against predisposing factors. It is thus advisable that women acquire the necessary skills to recognize their own health status. The purposes of this study were to identify the effects of education on breast self-examination (BSE) through supportive education among college women during the period from August 2000 to February 2001, and to attempt to design an effective BSE educational program. The first class was implemented through lectures, pamphlets, videotapes, breast palpation on cloths, demonstration and practice for identification of breast masses through palpation using breast model. Supportive education was implemented bimonthly to the experimental group, and effects of the education between experimental and control groups were compared 6 months later. The results of this study are summarized as follows: 1. The effects on supportive education of college women in BSE 1) The mean score of retained knowledge about breast cancer and BSE was 30.88 in the experimental group, and 29.66 in the control group and significantly greater in the experimental group than in the control group (t= -2.062, p= 0.041). 2) Frequency of BSE practice was significantly greater in the experimental group than in the control group($\chi^2=0.045$, p=0,012). 3) The mean accuracy score in BSE practice was 19.10 in the experimental group, and 18.29 in the control group; accuracy was higher in the experimental group than in the control(t= -2.035, p= 0.444). 4) The mean score of self-efficacy was 35.05 in the experimental group, and 31.22 in the control group. The experimental group mean score was higher(t=-3.016, p=0.003). 2. There was a statistically significant correlation between self-efficacy and accuracy of BSE(r=0.447, p=0.000), knowledge of breast cancer and BSE(r= 0.306, p=0.000) and frequency of BSE(r=0,259, p=0,002) but no significant correlation between knowledge of breast cancer and BSE and frequency of BSE (r=0.071, p=0.403). On the basis of this study, periodic supportive education can increase knowledge of breast cancer and BSE, frequency of BSE, accuracy of BSE and self-efficacy. Suggestions: 1. There is a need to compare the effects of individual programs to acquire BSE behaviors in the young. 2. Further research is needed to test the continuity of the effects of BSE education.

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Correlation among Adolescent Smoking, Stress, and Self-esteem (중학교 1학년 학생들의 흡연과 자아존중감, 스트레스와의 관계연구)

  • Park, In-Hyae;Ryu, Hyun-Sook
    • Journal of the Korean Society of School Health
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    • v.13 no.2
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    • pp.271-282
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    • 2000
  • Primary school is regarded as an important period when many health-related behaviors and life-styles begin to be formed. Acquiring them through school heath education has a strong influence on the health promotion of not only the family but also the community. The goal of this study is to provide baseline data to develop a suitable smoking prevention program for the first graders of middle school. In order to provide this baseline data, the relationships between knowledge and attitudes of the adolescent regarding smoking, and the degree of their stress and self-esteem of the adolescent were explored To achieve this goal a self-administered questionnaire was distributed to the students in two middle schools in Kwang-ju City by school nurses, 400 questionnaires were collected and analyzed using SAS-Fe. The findings were as follows; 1. The subjects of this study were 225 male and 179 female, their average age of than was 12.7. Two students were smoking currently and 49 students had smoked. They started smoking at the mean age of 10.0. 2. Students who were not smoking showed more positive attitudes regarding anti- smoking(F=34.07, p=0.0001), perceived less stress(F=8.32, p=0.0003), and had higher self-esteem(F=15.35, p=0.0001). 3. Those who had the intention to smoke in the future showed more negative attitudes regarding anti-smoking(F=38.97, p=0.0001), perceived more stress(F=4.87, p=0.002) and had lower self-esteem(F=5.55, p=0.0042) 4. Those who had a better self-perception of school performance showed more positive attitudes regarding smoking(F=8.28, p=0.0003), perceived less stress(F=3.48, p=0.0316), and had higher self-esteem(F=22.36, p=0.0001). Those who frequently communicate with their parent showed more positive attitudes regarding anti-smoking(F=4.27, p=0.0082), and had high self-esteem(F=13.28, p=0.0001). 5. There were positive correlations between the attitudes regarding smoking and the self esteem of the adolescent(r=0.36498, p=0.0001), and a negative correlation between the self esteem and the perceived stress of the adolescent(r=-0.34763, p=0.0001). From the above results, we notice adolescent's smoking were related not only with knowledge regarding smoking but also with the intention to smoke in the future, attitudes regarding smoking, and the degree of their stress and self-esteem. So the smoking prevention program to reduce adolescent smoking should include the strategies to increase self-esteem and to address the perceived stress and the dangers of smoking.

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The experience of nursing students' exploring historic sites of independence movement overseas (간호대학생의 국외독립운동사적지 탐방 경험)

  • Song, Mi-Sook;Bae, Su-Jin
    • The Journal of the Convergence on Culture Technology
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    • v.4 no.3
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    • pp.15-26
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    • 2018
  • This is a qualitative study conducted to understand and explain the experience of nursing students' exploring historic sites of independence movement overseas. The study's participants were 24 nursing students in the first and second graders who participated in a program to explore the historic sites of independence movement overseas at a college in C County, Gyeongsangbuk-do. The data collection period was from December 23, 2017 to December 25, 2017. The data collection was carried out in an open self-reporting process, and the collected data were analyzed using the qualitative content analysis method of Krippendorff[13]. Based on the analysis of the experience of nursing students' exploring historic sites of independence movement overseas 19 sub-theme, 10 themes, and 4 categories were derived. The four categories are "Our History Represented in the wake of the independence movement", "Footprint projected of an independent activist ", " Rage Boiling But Hope Remaining", "blooming patriotism through reflection". The results of this study provided an understanding of nursing students' experience in exploring the historical sites of independence movement and have shown that nursing students had the opportunity to recognize the history of independence movements, inspire patriotism and reflect on their attitude as nurses. In addition, institutional efforts and resources should be supported to address the lack of policies on the preservation of the historic sites for independence movements overseas, which are dependent on the private sector.

Effect of rainfall events on soil carbon flux in mountain pastures

  • Jeong, Seok-Hee;Eom, Ji-Young;Lee, Jae-ho;Lee, Jae-Seok
    • Journal of Ecology and Environment
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    • v.41 no.11
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    • pp.302-309
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    • 2017
  • Background: Large-scale land-use change is being caused by various socioeconomic problems. Land-use change is necessarily accompanied by changes in the regional carbon balance in terrestrial ecosystems and affects climate change. Therefore, it is crucial to understand the correlation between environmental factors altered by land-use change and the carbon balance. To address this issue, we studied the characteristics of soil carbon flux and soil moisture content related to rainfall events in mountain pastures converted from deciduous forest in Korea. Results: The average soil moisture contents (SMC) during the study period were 23.1% in the soil respiration (SR) plot and 25.2% in the heterotrophic respiration (HR) plot. The average SMC was increased to 2.1 and 1.1% in the SR and HR plots after rainfall events, respectively. In addition, saturated water content was 29.36% in this grassland. The soil water content was saturated under the consistent rainfall of more than $5mm\;h^{-1}$ rather than short-term heavy rainfall event. The average SR was increased to 28.4% after a rainfall event, but the average HR was decreased to 70. 1%. The correlation between soil carbon flux rates and rainfall was lower than other environmental factors. The correlation between SMC and soil carbon flux rates was low. However, HR exhibited a tendency to be decreased when SMC was 24.5%. In addition, the correlation between soil temperature and respiration rate was significant. Conclusions: In a mountain pasture ecosystem, rainfall induced the important change of soil moisture content related to respiration in soil. SR and HR were very sensitive to change of SMC in soil surface layer about 0-10-cm depth. SR was increased by elevation of SMC due to a rainfall event, and the result was assumed from maintaining moderate soil moisture content for respiration in microorganism and plant root. However, HR was decreased in long-time saturated condition of soil moisture content. Root has obviously contributed to high respiration in heavy rainfall, but it was affected to quick depression in respiration under low rainfall. The difference of SMC due to rainfall event was causative of a highly fluctuated soil respiration rate in the same soil temperature condition. Therefore, rainfall factor or SMC are to be considered in predicting the soil carbon flux of grassland ecosystems for future climate change.

Comparison of Posterior Fixation Technique and Anterior-Posterior Fixation Technique in Subtalar Arthrodesis (거골하 유합술 시 전방 및 후방 관절면 고정술식과 후방 관절면 단독 고정술식의 비교)

  • Jung, Hong-Geun;Cho, Hyeoung-Woen;Park, Hyun-Woo;Park, Jong-Tae
    • Journal of Korean Foot and Ankle Society
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    • v.16 no.2
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    • pp.116-122
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    • 2012
  • Purpose: Subtalar arthrodesis has been the gold standard for the painful subtalar joint disorders. Successful subtalar arthrodesis requires fusion of the 3 facet joints. The purpose of the study is to compare the clinical outcome of the posterior fixation (P2) and anterior-posterior (A1P1) fixation technique for subtalar arthrodesis which enhance anterior and middle facet fixation. Materials and Methods: The study is based on the 20 feet (19 patients) of the subtalar arthrodesis utilizing cannulated screws from September 2006 to September 2009 with at least 1-year follow-up. Two fixation techniques were utilized for the subtalar arthrodesis: 1) posterior fixation only (P2, 7 feet, 35%) and 2) anterior-posterior (A1P1) fixation method (13 feet, 65%). Visual Analog Scale Pain (VAS) score, American Orthopaedic Foot and Ankle Society (AOFAS) ankle-hindfoot score (maximum: 94 points), the time for returning to daily living and the patient satisfaction were also evaluated. Results: Average follow-up period were 13.2 months (12-3 mo). The AOFAS score improved from preoperative average 45 (0-68) to 81.6 (62-94), while VAS score was decreased from average 8.0 (3-10) to 1.8 (0-5) at final follow-up. Ninety-five percent of the patients were satisfied with surgery. All the patients returned to daily living at average 7.2 months (2-15 mo) post-surgery. Radiographically, 2 techniques both showed 100% fusion of the posterior compartment of the subtalar joint. Postoperative complications were 1 case of low grade infection and 1 case of sural nerve neuralgia. Conclusion: The subtalar arthrodesis using A1P1 fixation technique showed better fusion rate of the anterior compartment of the subtalar joint compared to P2 fixation technique although the 2 techniques both showed similar favorable clinical outcome. Therefore the A1P1 fixation technique is found to be a viable option to address chronic painful subtalar joint disorders to enhance the anterior compartment fixation.