• 제목/요약/키워드: law & system

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"Belt and Road" and Arbitration Law Teaching and Education System Theory

  • Fuyong, Zhu
    • 한국중재학회지:중재연구
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    • 제30권3호
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    • pp.47-66
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    • 2020
  • Due to the division of China's departmental laws, the disconnect between theory and practice, and the influence of traditional academic thinking on the understanding of the knowledge structure of arbitration legal talents in practice, the construction of law school colleges, teaching teams, and research centers mostly revolves around departmental laws, tearing the connection of the arbitration legal system. The student-centered, process-guaranteed, and result-oriented arbitration master of law training model is "virtualized," the shaping of arbitration professionalism is ignored, the coverage of practical teaching is narrowed, and the arbitration legal profession is mostly formalized. The prevalence of specialized curriculum systems shortage, single faculty, formalized practical teaching, outdated curriculum settings, unsuitable curriculum system design for development, and inaccurate professional curriculum standards and positioning renders it difficult to integrate the "Belt and Road." The cutting-edge, the latest research results, and practical experience cannot reflect the connotation, goals, and requirements of "Entrepreneurship" education, as well as arbitral issues such as the ineffective monitoring of practical education and the inconsistent evaluation of standards and scales. Under the background of the "Belt and Road," based on system theory and practice and through training goals that innovate and initiate organizational form, activity content, management characteristics, assessment and support conditions, etc., the arbitration law teaching curriculum system is gradually improved and integrated. Through the establishment of a "Belt and Road" arbitration case file database and other measures, a complete arbitration law theory and practice teaching guarantee system has been established. Third parties are introduced, arbitration law experimental modules are developed, students are guided how to discover new knowledge, new contents are mastered, solidarity, cooperation, and problem-solving capabilities are cultivated in the practice of the "Belt and Road," and quality education, vocational education, and innovation education are organically integrated. In order to implement the requirements of arbitration law education, innovation development and collaborative management of arbitration law teaching practice base should be cultivated, thus giving full play to the effect of collaborative education between universities and arbitration institutions.

한국민요에 나타난 고부관계 연구 (A study of Relationships Mother-in-low and Danghter-in-Law As Portrayed in Korean Folk Song)

  • 김태현
    • 가정과삶의질연구
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    • 제15권4호
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    • pp.55-64
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    • 1997
  • This study is a thesis of the relationship between mother-in-law and daughter-in-law in a family based on the Korean family system. This is done by analysing how the traditional social system and the style of living are reflected in korean folk songs. This I believe is a necessity in order to understand the emotions and ideas of the word 'family' of Korea and to improve the state of the relations between mother-in-law and her daughter-in-law. I have divided this into 4 essential study points. First the family system illustrated in korean folk songs are mainly father centered family system. It caused a male-oriented society and women's subordination. Second, the relationship between mother-in-law and her daughter-in-law illustrated in folk songs are mostly vertical subordinate. This is easily described as a lord and servant relationship. Third the state of relationship reflected in the folk songs from a daughter-in-law's point of view is obedience to her husband's family nostal ia to her family desperation and opposition. Lastly the state of relationship from mother in law's point of view are discord cruel treatment the rule and power which herself carry.

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중국 병행수입제도의 법적 문제에 관한 연구: 중국 판례를 중심으로 (A Study on the Chinese Parallel Import System: Focused on Law Cases in China)

  • 주령커;박광서
    • 무역학회지
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    • 제41권1호
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    • pp.21-39
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    • 2016
  • 본 연구는 중국에서 점점 이슈가 되고 있는 병행수입 시스템의 법적 문제를 분석하였다. 현재 중국에는 병행수입에 대한 법률이 없으므로 중국 법원은 병행수입 사건을 판결할 때 원고의 소송 청구에 따라서 「전리법(專利法)」, 「상표법(商標法)」, 「반부정당경쟁법(反不正當競爭法)」 등 여러 법률에 의해서 다르게 판결하고 있다. 따라서 동일한 사례임에도 불구하고 법관과 적용 법률에 따라서 다른 결론이 나고 있다는 것이 문제로 지적된다. 본 연구에서는 병행수입의 개념과 이론적 근거를 살펴보고, 중국의 대표적인 3개 사례를 통해서 중국법원이 병행수입 판결에 대한 시사점을 파악하고, 입법 필요성을 제시하였다.

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특이성에 대한 퍼지 제어 (Fuzzy Control Through Singularity)

  • 이혜린;정정주
    • 제어로봇시스템학회:학술대회논문집
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    • 제어로봇시스템학회 2000년도 제15차 학술회의논문집
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    • pp.356-356
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    • 2000
  • For irregular nonlinear systems, switching controlk form is proposed recently. This control law is designed to overcome the singularities through the scheme that switches between an approximate tracking law close to the singularities, and an exact tracking law away from the singularities. But, that form has problems which may break the system's stability through unstable control input value at switching procedure. In this paper, We propose new switching control law which supervises approximate tracking control law and exact tracking control law by fuzzy rules to overcome unstability problem in switching procedure.

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다수국간법정립행위로서의우주기지협정에관한고찰(多数国間法定立行為としての宇宙基地協定に関する一考察) (Consideration on the Convention of Space Station as Law-Making Process among Nations)

  • Horish, Saito
    • 항공우주정책ㆍ법학회지
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    • 제14권
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    • pp.87-110
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    • 2001
  • This Article examines a structure of two Conventions of Space Station, compares 1988 Convention and 1998 Convention, and tries to apply "model" to it. The structure of 1988 Convention shows us three phases: the Convention as a framework, the bilateral memorandum of understanding and the legislation by domestic process of United States. There were many advantageous provisions for United States. In 1998 Convention, however, those provisions are dampened and provisions become impartial, for example, the criminal jurisdiction, the right of intellectual property and the codes of conducts in Space Station. On the other hand, we sets the "model" up, that is "input of national benefits and ideas ${\Rightarrow}$ process of law-making ${\Rightarrow}$ output of common benefits, universal ideas and wastes." In the case of applying this "model" to 1988 and 1998 Conventions, we are convinced of enough possibility to understand and explain the legal system of Space Station by this "model." This result awakes us that study of legal system of Space Station according to the "model" influences the fundamental theory of International Law Study: the relation between international law and domestic law. This "model" has possibility to change the theory of relation between from "international law and domestic law" to "domestic law and domestic law through international legal system." In the end, we should reconsider on "policy-oriented jurisprudence" by professor McDougal to use his key words for explanation of concepts in the "model," because his theory contains important suggestions to the study of law-making process and legal system for outer space activities in the near future.

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국제물품매매계약(國際物品賣買契約)에서 'Liquidated Damage Clause'(LD 조항(條項))의 유효성(有效性)과 실무적(實務的) 적용(適用)에 관한 연구 (A Study on the Validity and Practical Application of Liquidated Damage Clause(LD Clause) in International Sales Contract)

  • 오원석
    • 무역상무연구
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    • 제17권
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    • pp.71-91
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    • 2002
  • The purpose of this paper is to examine the viewpoints of the different legal systems for the validity of LD Clause and the possibility of gap-filling function of UNIDROIT Principles in International Sales Contract. The results of comparative study between common law system and civil law system, and between CISG and UNCDROIT Principles is as follows: First, common law system distinguishes LD Clause and Penalty Clause, but civil law system including Korean law does not strictly distinguish the difference between them, provided that the liquidated damages are not grossly excessive. Second, CISG does not concerned with the validity of LD Clause but entrust this matter to the law applicable by virtue of the rules of private international law; conversely the Principles follow similar position of civil law system. The possibility of gap-filling of the Principles is more positive in the case of arbitration than in the case of litigation. On the basis of above study, I also checked the LD Clauses of ICC Model International Sales and the Model Contracts of Korean Commercial Arbitration Board. The LD Clauses of there two Model Contract seem very appropriate and reasonable for the reference in practical application. The appropriate, not excessive, LD Clause will contribute not only to eliminate the burden of proof for the actual damages, but also to enforce both parties to perform their obligations in their contracts. Therefore, When we make contract, we should keep in our mind to insert the reasonable and appropriate LD Clause in the sales contract. If not, so to speak, litigated damages are grossly excessive, the Clause may be invalid in some legal system.

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位置에너지 槪念에 依한 水系의 河川縱斷 推定 (An Estimation of River bed Profile of the Stream System based on the Potential Energy Concept)

  • 안상진;강관원;김창수
    • 한국농공학회지
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    • 제24권2호
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    • pp.76-88
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    • 1982
  • The stream morphological characteristics of a basin have important influence upon the analysis of runoff. In this study, the laws of stream morphology-the law of average stream fall and the law of least rate of potential energy expenditure-which were derived based on the analogy of entropy in thermodynamics are introduced and their validity is analysised with the data taken from the topographic maps covering the whole Geum River system. The first law is the Law of Average Stream Fall which states that under the dynamic equilibrium condition the ratio of average fall between any two different order stream in the same river basin in unity. The second law is the law of least rate of energy expenditure which states that all natural streams are intended to choose their own course of flow such that the rate of potential energy loss per unit mass of water this course is a minimum. The parameters representing the morphological characteristics of 13 tributaries in the Geum River system such as stream bifurcation ratio and stream concavity were Computed from the Horton-Strahler's laws and are used to check the law of average stream fall. The result showed that the law of average stream fall agrees reasonably well with law of Horton-Strahler. Concavity of a river basin is shown to be the determinative factor to the formation of a stream system. Concavity of a river basin is shown to be the determinative factor to the formation of a stream system. Based on Horton's Law and the law of average stream fall, longitudinal stream profiles can be calculated.

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유럽매매법원칙과 한국법상 결함상품에 대한 매도인의 책임의 법적성격과 책임제도 (The Liability System and the Legal Nature of the Seller's Liability for Defective Goods under Korean Law and the PELS)

  • 이병문
    • 무역상무연구
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    • 제44권
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    • pp.31-55
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    • 2009
  • This study attempts to provide a comparative overview of the liability systems Korean law and the PELS adopt, that is, the approaches taken by Korean law and the PELS to deal with various irregularities of contractual performance. In addition, it examines in a comparative way the questions of what is the position of the seller's liability for his delivery of defective goods under the chosen liability system and what is the legal nature of the seller's liability. The study finds that the dual liability system taken by Korean law has caused some complexities as to the matter of which liability is applicable in some borderline cases. The problem in such complexities is originated in that the remedies available and the limitation period applicable are differentiated in accordance with one's different categorization among three types of default under the general liability and defective performance under the seller's guarantee liability. In this light, the study argues that the unified liability system under the PELS is superior because its concept of non-performance embraces in a unitary manner all the aspects of default including defects in quality, quantity and title. In addition, it finds that Korean law has suffered endless debates on the question of what are the true contents of the same remedies of rescission and damages provided under the seller's guarantee liability as under the general liability. The debates have been come along on the basis of the traditional presumption among some of civil law jurisdictions that two liabilities be different in terms of not only their legal nature but also their contents of remedies. The study argues that the problem may be circumvented, first, by another way of thinking that the unified liability in Korean law is inferred from the specification of the identical remedies for both the general liability and the seller's guarantee liability under the KCC, second, by the preposition that the requirement of fault be depended upon what remedy the buyer seeks to claim rather than what liability he does to rely on.

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ADAPTIVE SLICING ODE CONTROL USING FUZZY LOGIC SYSTEM

  • Yoo, Byungkook;Jeoung, Sacheul;Ham, Woonchul
    • 제어로봇시스템학회:학술대회논문집
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    • 제어로봇시스템학회 1995년도 Proceedings of the Korea Automation Control Conference, 10th (KACC); Seoul, Korea; 23-25 Oct. 1995
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    • pp.26-30
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    • 1995
  • In this study, the fuzzy approximator and sliding mode control (SMC) scheme are considered. An adaptive sliding mode control is proposed based on the SMC theory. This proposed control scheme is that a adaptive law is utilized to approximate the unknown function f by fuzzy logic system in designing the sliding mode controller for the nonlinear system. In order to reduce the approximation errors, the differences of nonlinear function and fuzzy approximator, an adaptive law is also intoduced and the stability of proposed control scheme are proven with simple adaptive law and roburst adaptive law. This proposed control scheme is applied to a single link robot arm.

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Nonlinear Backstepping Control of SynRM Drive Systems Using Reformed Recurrent Hermite Polynomial Neural Networks with Adaptive Law and Error Estimated Law

  • Ting, Jung-Chu;Chen, Der-Fa
    • Journal of Power Electronics
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    • 제18권5호
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    • pp.1380-1397
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    • 2018
  • The synchronous reluctance motor (SynRM) servo-drive system has highly nonlinear uncertainties owing to a convex construction effect. It is difficult for the linear control method to achieve good performance for the SynRM drive system. The nonlinear backstepping control system using upper bound with switching function is proposed to inhibit uncertainty action for controlling the SynRM drive system. However, this method uses a large upper bound with a switching function, which results in a large chattering. In order to reduce this chattering, a nonlinear backstepping control system using an adaptive law is proposed to estimate the lumped uncertainty. Since this method uses an adaptive law, it cannot achiever satisfactory performance. Therefore, a nonlinear backstepping control system using a reformed recurrent Hermite polynomial neural network with an adaptive law and an error estimated law is proposed to estimate the lumped uncertainty and to compensate the estimated error in order to enhance the robustness of the SynRM drive system. Further, the reformed recurrent Hermite polynomial neural network with two learning rates is derived according to an increment type Lyapunov function to speed-up the parameter convergence. Finally, some experimental results and a comparative analysis are presented to verify that the proposed control system has better control performance for controlling SynRM drive systems.