• 무역상무연구
• /
• 제19권
• /
• pp.67-93
• /
• 2003

The CISG approach was intended to make the remedial system clear, but produced ambiguity, and complexity. The CISG does not differentiate between main, auxiliary and participatory obligations. There is no distinction between breaches of main or breaches of auxiliary obligations, rather, a distinction is made between fundamental and other breaches of contract. Articles 25 gives the definition of fundamental breach of contract. This concept is the essential of avoidance and remedial system in the CISG. This concept, however, is ambiguous. The fact that the fundamentality of a breach of contract in many cases is the condition for an avoidance of contract, is expression of the trend of the CISG to preserve contracts, which I consider as essential in international trade. The elements which define a substantial detriment are extremely complex. It will become obvious that the relevant detriment is not a static element, but in many instances occurs only when the breach of contract continues. It should be added that it is the circumstances of each individual case which are relevant. It is to be stressed that a fundamental breach of contract must constitute also a non-fulfillment of a contractual obligation.

• Earthquakes and Structures
• /
• 제19권2호
• /
• pp.119-128
• /
• 2020

In seismic design of a pylon supporting transmission lines in an overhead electricity transmission system, an estimation of the fundamental periods of the pylon in two orthogonal vertical planes is necessary to compute the seismic forces required for sizing pylon members and checking pylon deflections. In current practice, the fundamental periods of a pylon in two orthogonal vertical planes are typically obtained from eigenvalue analyses of a model consisting of the pylon of interest as well as some adjacent pylons and the transmission lines supported by these pylons. Such an approach is onerous and numerically inconvenient. This research focused on development of a simplified method to determine the fundamental periods of pylons. The simplified method is rooted in Rayleigh's quotient and is based on a single-pylon model. The force vectors that can be used to generate the shape vectors required in Rayleigh's quotient are presented in detail. Taking three pylons selected from representative overhead electricity transmission systems having different design parameters as examples, the fundamental periods of the chosen pylons predicted from the simplified method were compared with those from the rigorous eigenvalue analyses. Result comparisons show that the simplified method provides reasonable predictions and it can be used as a convenient surrogate for the tedious approach currently adopted.

• Spatial Information Research
• /
• 제20권1호
• /
• pp.39-45
• /
• 2012

지진하중을 받는 건축물의 반응은 고유주기에 따라 다르게 나타난다. 국내 건축구조기준에서는 고유주기에 따른 지진응답계수를 규정함으로써 건축물의 내진설계를 하도록 하고 있다. 최근 많은 연구자들에 의하여 건축물의 고유주기, 지진응답계수에 대한 많은 연구가 이루어졌으나, 지리정보시스템(GIS)을 이용한 내진설계에 관한 연구는 미흡한 실정이다. 따라서 본 연구에서는 입체적인 3차원 공간에서 고유주기에 따른 지진응답계수를 비교 및 검토함으로써 구조물의 내진성능에 대한 분석을 효율적으로 평가할 수 있으며, 지리정보시스템(GIS)을 이용하여 합리적인 내진설계를 할 수 있는 기초 자료로 사용될 것이라고 기대된다.

• Structural Engineering and Mechanics
• /
• 제63권2호
• /
• pp.237-249
• /
• 2017

The Self-Organization Feature Map as an unsupervised network is very widely used these days in engineering science. The applied network in this paper is the Self Organization Feature Map with constant weights which includes Kohonen Network. In this research, Reinforced Concrete Shear Wall buildings with different stories and heights are analyzed and a database consisting of measured fundamental periods and characteristics of 78 RC SW buildings is created. The input parameters of these buildings include number of stories, height, length, width, whereas the output parameter is the fundamental period. In addition, using Genetic Algorithm, the structure of the Self-Organization Feature Map algorithm is optimized with respect to the numbers of layers, numbers of nodes in hidden layers, type of transfer function and learning. Evaluation of the SOFM model was performed by comparing the obtained values to the measured values and values calculated by expressions given in building codes. Results show that the Self-Organization Feature Map, which is optimized by using Genetic Algorithm, has a higher capacity, flexibility and accuracy in predicting the fundamental period.

• 공학교육연구
• /
• 제15권6호
• /
• pp.80-85
• /
• 2012

This study investigates significant factors regarding college freshman engineering students and analyses each factors influence on student satisfaction in the College of Engineering core curriculum. We carried out a survey targeting 505 students who completed their fundamental education for major course learning in the 2011 academic year while attending one college in Gwangju and ruled out inadequate respondents. A total sample size 437 students were analyzed. The seven independent variables are academic fees, academic term period, academic environment of the classroom, learning material content, time of lecture, student sincerity and student need for the program. The dependent variable is fundamental education satisfaction level. As a result of multiple regression analysis, the following factors were found to be significant in the following order: learning material content, time of lecture, student sincerity, student need for the program, academic fees and academic environment of the classroom. On the other side academic term period was not significant. For improving fundamental education satisfaction, there is a need for prudent consideration regarding learning material development and lecture times. Also further investigation should take place for policies necessary for increasing learner motivation and sincerity, and expand appropriate conditions for learners to become self-aware of the education they need within their major.

• 대한수학교육학회지:수학교육학연구
• /
• 제19권1호
• /
• pp.123-142
• /
• 2009

운동학 맥락은 미적분 학습에서 미적분의 형식적인 내용의 직관적인 이해의 원천으로 간주된다. 속도 그래프 아래의 넓이와 이동 거리 관계는 적분 영역에서 다루는 운동학적 맥락의 토대이며, 미적분의 기본정리가 역사적으로 발달한 맥락이다. 본 연구는 속도 그래프 아래의 넓이와 거리 계산 사이의 관계를 통해서 미적분의 기본정리를 조명하고, 이를 통해서 교과서 및 학생들의 이해에서 나타나는 문제점을 분석하였다. 그리고 이상의 논의 결과를 종합하여 미적분의 기본정리에 대한 교육적 시사점을 제안하였다.

• 기본간호학회지
• /
• 제7권1호
• /
• pp.97-108
• /
• 2000

The purpose of this study was to assess the present status of the course content of Fundamental Nursing in accordance with the study objectives which were developed for the National Qualifying Examination by the first Faculty-Workshop in January, 1999 and the study objectives as related to other Nursing courses. The study sample included all schools of nursing and the members of the faculty for Fundamental Nursing of seventy schools(66.7%), out of the target population of 105, responded to a questionnaire which was developed by the research team. The collected data were analyzed by frequencies, percentages, means, and standard deviation using the SAS(Statistical Analysis System). The results are as follows : 1) According to this survey the course content of Fundamental Nursing as described in the study objectives for the National Examination, 223(86.77%) study objectives were included in the course of Fundamental Nursing by more than 70% of the schools of nursing, But twenty-three of the study objectives are not included by $30{\sim}50%$ of the schools of nursing. They consider this content to be taught in other courses. The study objectives, which less than 50% of the schools reported as being included in their course in Fundamental Nursing were, all study objectives for 'nursing assessment(communication)', 'nursing assessment (physical examination)', 'record and report', 'sex', and 'use of computer program for nursing diagnosis' and 'use of computerized nursing planning program' 2) Items that were not included in the study objectives for Fundamental Nursing but were included in course content for over 50% of the schools included, 'health of individual, family, community', 'change of nursing practice'. 'professionality of nursing' and all of the study objectives belonging to 'loss and grief' and 'nursing during all stages of surgical operations'. We hope that these results will be helpful in modifying the study objectives for the National Examination as developed by the first Faculty-Workshop and recommend the need for continuous survey research to produce content that is in accordance with study objectives and a National Examination that reflects the content of Fundamental Nursing.

• 무역상무연구
• /
• 제44권
• /
• pp.3-29
• /
• 2009

The PECL have been drawn up by an independent body of experts from each member state of the european union under a project supported by the european commission and many other organizations. Salient features of the general provisions of the PECL, freedom of contract and pecta sunk servanda, good faith and fair dealing, most of the PECL are non-mandatory. The CISG uses the term fundamental breach in various setting. The concept of fundamental breach is a milestone in its remedial provisions. Its most important role is that it constitutes the usual precondition for the contract to be avoided(Art. 49., Art. 51., Art. 64., Art. 72., Art. 73). In addition, where the goods do not conform with the contract, a fundamental breach can give rise to a requirement to deliver substitute goods. Furthermore, a fundamental breach of contract by the seller leaves the buyer with all of his remedies intact, despite the risk having passed to him(Art. 70). Basically, PECL, PICC generally follows CISG, it was similar to all the regulation's platform though the terms and content sometimes differ. For example regarding to the non-performance and remedies, in the case of non-performance, that is the PECL/PICC term analogous to breach of contract as used in the CISG. Furthermore the PECL/PICC used fundamental non-performance refered to in PECL Art. 8:103 ; PICC Art. 7.1.1. correspond generally to the concept of fundamental breach referred to in CISG Art. 25. The main significance of the fundamental non-performance, in any systems, is to empower the aggrieved party to terminate the contract. The need for uniformity and harmony in international commercial contracts can be expected to lead to growth of international commerce subject to the CISG, PICC, and PECL. It is hoped that the present editorial remarks will provide guidance to improve understanding between the contractual party of different countries in this respect and following key-words.

• 기본간호학회지
• /
• 제5권1호
• /
• pp.81-93
• /
• 1998

The effectiveness of medication video tapes in teaching fundamental nursing skills was investigated using experimental research methodology. Data was collected from 153 students attending fundamental nursing practice classes of two junior colleges and two universities. The subjects were randomly assigned to two groups, one was an experimental group of 74 subjects and the other was a control group of 79 subjects. The independent variable was learning type and the dependent variables were the degree of knowledge achievement and nursing skills achievement regarding medication. The research hypotheses of this study were as follows : 1) There will be a significant difference between the experimental group and the control group in the degree of knowledge achievement about medication. 2) There will be a significant difference between the experimental group and the control group in the nursing skills achievement about medication. The data was analyzed with the SPSSWIN program and the t-test, number of subjects and percentiles were then examined. The findings of this study are as follows : 1) There was a significant difference between the experimental group and the control group in the knowledge achievement about medication using P<.05. 2) There was no significant difference between the experimental group and the control group in the nursing skill achievement about medication using P<.05. 3) This study suggests that medication video tapes in the education of fundamental nursing skills are effective for knowledge achievement. As a result, medication video tapes can be effectively utilized for the education of nursing skills regarding medication.

• 아태비즈니스연구
• /
• 제11권3호
• /
• pp.273-290
• /
• 2020

Purpose - The purpose of this paper is to examine the buyer's right to avoid the contract under SGA and CISG. Design/methodology/approach - This paper has conducted literature reviews to analyze the right to avoid the contract of the buyer based on the comparative study. Findings - Under s. 11(3) of SGA, the breach of a condition and an intermediate which deprives the buyer substantially of the whole benefit of the contract may give rise to a right to treat the contract as repudiated. But under Art. 49 of CISG, the buyer has the right to terminate the contract where the seller's failure to performance amounts to a fundamental breach of contract. Regarding the breach of an intermediate and the breach under CISG, the buyer should take into account where the seller's breach is fundamental or not. Moreover, an anticipatory breach can give rise to a right to avoid the contract. The anticipatory breach of a condition justifies termination. The breach of an intermediate and the breach under CISG require an anticipatory fundamental breach of the contract. Under SGA, the buyer has to prove an anticipatory breach in fact but CISG does not require virtual certainty, which SGA has stricter criteria to assess an anticipatory breach. Research implications or Originality - Comparative study helps to understand the nature of provisions under SGA and CISG and suggests practical advice to choose applicable laws. SGA gives more certainty to classify a contractual term. In case of the breach of a condition including the anticipatory breach under SGA, the buyer does not have to ask how much serious the breach is. But CISG requires the fundamental breach of the contract, which means that the buyer has the more burden of proof compared with SGA.