• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.563-579
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• 2000

Until July 1, 1996, no international rules, other than the simple practices contained in the UCP 500 have existed for the processing of bank-to-bank reimbursements. At last, ICC Uniform Rules for Bank-to-Bank Reimbursements under Documentary Credits(Pub. No. 525) have been published on July 1, 1996. Our country have adopted the URR 525 on August 1996. But in view of the present number of countries adopted the URR 525, I think our country is very impetuous. In order to comprehend the URR 525 correctly, this study is carrying out to clarify the legal principles on reimbursements among issuing banks, nominated banks, unauthorized banks. Secondly, this study is carrying out indicate the background of establishing, the main contents, the approval and the criticism of URR 525. Finally, this study is carrying out to point out the matters that demand special attention about the operation of URR 525

• Journal of Arbitration Studies
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• v.19 no.1
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• pp.147-169
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• 2009

This paper deals with disputes incurred from the CISG provisions in relation with the conformity of goods with a view to finding the general way of approach made by the court and arbitration tribunal in the case laws for the interpretation of CISG based on 6(six) cases thereon. Throughout this study, it has been noted that the German Supreme Court devoted most in creating the general principle of CISG interpretation in relation with national compulsory law of regulation applicable on the conformity of goods. It was New Zealand mussels case in which the German supreme court decided that the exporting country's compulsory law of regulation would be applied in determining the conformity of goods. Furthermore, German supreme court added that CISG does not place an obligation on the exporter to supply goods, which conform to all statutory or other public provisions in force in the import state unless the same provisions exist in the export State as well, or the importer informed the exporter about such provisions existing in the import state, or the exporter had knowledge of the provisions due to special circumstances. It is stipulated in CISG that the goods conform with contract if they are fit for the purpose for which goods of the same description would ordinarily be used. When questions arise concerning matters governed by the CISG that are not expressly defined in the CISG, the question is to be settled in conformity with general principles on which the convention is based. Only when such a general principle cannot be found may the tribunal turn to other sources such as UNIDROIT Principles, Principles of European Contract Law and Lex Mercatoria, etc. Interpretation of CISG should be autonomous, in the sense that it should not depend on principles and concepts derived from any national legal system. Even where a CISG rule is directly inspired by domestic law, the court should not fall back on its domestic law, but interpret the rule by reference to the CISG with a view to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade.

• Korea Trade Review
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• v.42 no.5
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• pp.19-42
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• 2017

Nowaday typically international commercial transaction, buyer and seller communicate with each other using standard forms. So called "the battle of forms" results from the exchanges of these forms. There are several problems that have to be solved in the battle of the forms. For example, Do the exchanges of the different terms form a contract? What are the contract terms? Which party's terms could apply? etc. Around the world, two basic types of rules are applied to solve the problem as to the battle of forms : last-shot rule and knock-out rule. In 2015, Hague Conference in Private International Law finally approved Hague Principles. The principles deal with the battle of the forms. Also in 2013, CISG Advisory Council adopted the "Black letter rules" to provide an effective way of resolving regarding the inclusion of standard terms under the CISG. This study would try to comprehensively review the battle of forms concerning Hague Principles and CISG. The aim of this study is to propose the most appropriate way to resolve the problem of the battle of forms both parties.

• Korea Trade Review
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• v.46 no.6
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• pp.143-162
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• 2021

Although awareness of the need to respond to climate change is expanding, various controversies are being raised about the EU's Carbon Border Adjustment Mechanism (CBAM). The EU has announced that they will implement CBAM as responding to climate change and preventing carbon leakage. However, the questions are raised as to whether it is actually effective in preventing carbon leakage. Above all, CBAM has its own contradictions, thus it could not be easy to implement. This is because the possibility of violation of the WTO principles is high and there are many issues in implementation. Emission Trading System (ETS) based on CBAM differs by country, and international linkage is not easy in that ETS is not a widely used system worldwide. The EU's CBAM is highly likely to be used as a trade restrictive tool, and is inevitably subject to trade disputes in that it imposes additional tariffs. The unilateral implementation of CBAM should be restrained unless support from the international community and consideration for developing countries are not taken into account.

• Proceedings of the Korea Water Resources Association Conference
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• 2015.05a
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• pp.136-139
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• 2015

• Journal of Korean Society for Quality Management
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• v.38 no.2
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• pp.276-283
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• 2010

ISO 9000 family of standards are consisted of four international standards for implementing and operating effective quality management systems. They are interrelated and together form a coherent set of quality management system standards. ISO 9000, one of the standards, contains quality management principles, which is asserted to form the basis of other standards within the family. ISO 9001 is another standard within the family and contains requirements for quality management systems. This paper shows how the quality management principles of ISO 9000 are related with the requirements of ISO 9001.

• Educational Technology International
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• v.15 no.1
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• pp.1-26
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• 2014

The purpose of this study was to develop design principles of both animated pedagogical agents as 'credible' persuasive message source and persuasive fear arousing instructional messages in order to help enhance attitude changes toward a certain issue. Based on the previous pedagogical agent research, this study drew the design principles providing ways to manipulate agent credibility level and fear arousing level of message. Consequently, it specified how to make pedagogical agents perceived less or more credible by learners by manipulating a variety of agent features. For fear arousing message, this study showed how fear arousing messages would be structured into one of three levels: non-threatening, moderately threatening, and strongly threatening. Two different agent conditions and three message conditions were actually developed and experimentally tested with the participants of 40 undergraduate students. The results showed that the agent design principles specified from the previous research worked well enough to make a distinction between the more credible agent and the less credible agent. The overall results of this study may indicate that the design strategies for fear arousing message are retained on the premise of some future refinements.

• Journal of the International Relations & Interdisciplinary Education
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• v.1 no.1
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• pp.61-79
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• 2021

In order to implement an artificial intelligence lawyer, this study looked at how to structure legal principles, and then gave specific examples of how structured legal principles can be expressed in predicate logic. While previous studies suggested a method of introducing predicate logic for the reasoning engine of artificial intelligence lawyers, this study focused on the method of expressing legal principles with predicate logic based on the structural appearance of legal principles. Jurisprudence was limited to the content of articles and precedents, and the vertical hierarchy leading to 'law facts - legal requirements - legal effect' and the horizontal hierarchy leading to 'legal effect - defense - defense' were examined. In addition, legal facts were classified and explained that most of the legal facts can be usually expressed in unary or binary predicates. In future research, we plan to program the legal principle expressed in predicate logic and realize an inference engine for artificial intelligence lawyers.

• Journal of Korea Trade
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• v.24 no.7
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• pp.73-92
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• 2020

Purpose - The letter of credit has been playing a major role to diminish overall risks which exist among concerned parties even though there are differences such as language, culture, law, and distance. This paper reviews essence of the letter of credit and its transaction principles, as well as overall practical questions based on the L/C transaction principle. It also investigates the risk of fraud occurrences in L/C transactions and the importance of fraud prevention and preventive measures in international L/C transactions, including the Fraud Rule, which is a major topic to consider in business transactions. Design/methodology - It is considered that an importing country's concerned parties and an exporting country's concerned parties face different situations. This study employs the existing framework to identify liability, responsibility, and obligation for all concerned parties across countries. Using a quite direct measurement of principles in the letter of credit, such as principle of independence, principle of abstraction, and principle of strictness and coincidence, we studied these differences. Findings - Our main findings can be summarized as follow. The paper enhances the efficiency of the L/C payment method to provide fraud generated from L/C transactions, presentation of a theoretical framework about fraud and fraud prevention, which international trading companies should acknowledge in a material way based on fraud risk resulting from taking advantage of L/C transaction principles. Originality/value - Existing studies focus on fraud accidents in L/C transactions by taking bad advantage of the characteristics of the letter of credit without suggesting risks of fraud. This paper attempts to evaluate and provide preventive measures as a solution for fraud and risky international business in a letter of credit transaction. This area of trade studies is underexplored, both empirically and theoretically, although the issue has long been important to Korean and world community foreign trade.

• International Journal of High-Rise Buildings
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• v.6 no.1
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• pp.49-72
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• 2017

The Guangzhou International Finance Centre (IFC) is a landmark building that symbolizes the emerging international strength of Guangzhou, China's third largest city. It is also one of the dual iconic towers along the main axis of Guangzhou Zhujiang New Town. Arup adopted a total engineering approach in embracing sustainability and aiming at high efficiency solutions based on performance-based design principles covering structures, building services, fire engineering, vertical transportation, and façade performance to constitute an efficient and cost-effective overall building design. Through dynamic integration of architectural and engineering principles, Guangzhou IFC represents a pioneering supertall building in China. It adopts a diagrid exoskeleton structural form that is clearly expressed through the building's façade and gives the building its distinctive character. The aerodynamic shape of the building not only presents the aesthetic quality of elegant simplicity, but also reduces the effects of wind, thereby reducing the size and weight of the structure. State-of-the-art advanced engineering methods, such as optimization techniques and nonlinear finite element modelling, were applied in parallel with large-scale experimental programs to achieve an efficient and high-performance design taking into account the constructability and cost-effectiveness for a project of this scale.