• Transactions of the Korean Society of Mechanical Engineers
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• v.19 no.8
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• pp.1810-1821
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• 1995

Photoelastic experiment has been used to analyze stress of structure and stress in the vicinity of crack tip etc.. Model experiment such as photoelastic experiment has been restricted by problem of residual stress in the photoelastic model material. They are generated by molding, cutting and time effects etc.. They produce some errors in the results of photoelastic experiment data. In this paper, stress optic law considering residual stress already developed by authors was applied to the stress concentration problem and fracture mechanics. Although the specimen was bad with residual stress, we could obtain good results by using the stress optic law considering residual stress. It was found that the stress optic law of photoelastic experiment could be applied to the stress analysis of bimaterial.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.19
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• pp.33-66
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• 2003

This is a comparative and analytical study which comprises of the analysis of the rules of the buyer's remedies where the seller delivers defective goods of four legal systems; Directive, CISG, English law and Korean law. In light of threefold main purposes of this study, it firstly attempts to describe and analyze the remedy provisions of Directive in a comparative way in order to provide legal advice to the sellers who plans to enter into English consumer markets. It shows that the two tier remedial system under Directive is not much different from the other jurisdictions, except where the right of rescission under Directive is absolute in a sense that it does not require a certain degree of seriousness of defect. Secondly, the study compares the rules of one jurisdiction with those of other jurisdictions and evaluates the rules in light of the discipline of comparative law the basic question of which is whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. It proves the followings; (1) the reluctance and uncertainty in English law of ordering specific performance based on the discretionary power does not reflect the parties' preference because the order is either uncertain or rather negative where the purchase of substitute goods elsewhere is not a satisfactory solution in many cases; (2) the position in Korean law which has no limitation on the right to require substitute goods is likely unfair in commercial sales, but justified in consumer sales; (3) the right of termination or reduction under Directive which is subject to the applicability of the right to require repair or substitute goods seems to be contrary to the consumer's preference where the defective delivery destroys the basis of trust in the quality of the seller's performance; (4) the absolute right of termination under Directive and English law seems crucial in consumer sales because they are often inferior to commercial sellers in terms of information and bargaining power; (5) the right of reduction as a self-help remedy which is absent in English law emphasizes its usefulness. Thirdly, it finds that, where CISG is deemed to fail to unify different rules on the right to require specific performance between Civil and Common law, it is attempted once again in Directive and notwithstanding their hostility to awarding the right to require specific performance in English law, Regulations 2002 expressively stipulates such right.

• Journal of Arbitration Studies
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• v.26 no.3
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• pp.67-91
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• 2016

In an era where the international investment and trade between Korea and China grow daily, the importance of international arbitration cannot be overstated. The Korean Arbitration Law was enacted with reference to the UNCITRAL Model Law. When the Chinese Arbitration Law was being enacted, the UNCITRAL Model Law was also referred to, but there are some discrepancies between the two. This article conducts comparative analysis based on the Korean and the Chinese Arbitration Laws, the Chinese Civil Procedure Law and the KCAB and the CIETAC arbitration rules. In order to adopt the UNCITRAL Model Law amended in 2006, Korea revised its Arbitration Law in 2016. The revised Law includes a more comprehensive legal regime regarding interim measures, emergency arbitrator, etc. In China, the enforcement of foreign-related arbitral awards and foreign arbitral awards is carried out mainly by intermediate people's courts. In China, the report system to the higher people's court for refusing the enforcement of foreign-related arbitral awards and for refusing the recognition or enforcement of foreign arbitral awards has the effect of safeguarding foreign-related arbitral awards and foreign arbitral awards in China. Both Korea and China joined the New York Convention, and domestic courts may refuse the recognition and enforcement of foreign arbitral awards according to the New York Convention.

• Journal of the Korea Society of Computer and Information
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• v.22 no.5
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• pp.111-118
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• 2017

The Legal Consciousness is a feeling or attitude toward the law from the people. Most Korean had a traditional consciousness that did not consider the law so friendly, also, the perception of law is also very negative is the common result of various investigations so far. This is caused by a distrust of the political power that operates the law than just distrust of law. Moreover, it is a serious problem that these negative attitudes are getting stronger over time. Especially when looking at the situation of the monopoly of government affairs in Park Geun-hye administration, the law was not a means of realizing social justice on the side of the socially weak, it has come to the fact that the law has been recognized as a tool of oppression by the ruling group, which seizes power in a fraudulent manner and accumulates economic wealth. It was a really ridiculous incident. In addition, not all citizens need to be experts in law, but the law is a bowl for society, and filling the bowl is a moral form or value of society in general. And since society has a peculiar law, and the modern state has the rule of law as its basic principle, most human acts have a direct relationship with law. In particular, it is true that the problem of the legal consciousness of college students is frequently mentioned today. Therefore, in this study, through the examine the contents of the legal consciousness of the K university female students in Gwangju and will consider the cause of this.

• Journal of Applied Tourism Food and Beverage Management and Research
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• v.9
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• pp.7-13
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• 1998

It is stipulated in Article 22, Paragraph 3 of Tourism Promotion Law that those who do not work for tourism can not use trade name including "Kwan Kwang" or terms similar with it, and even signs with Kwan Kwang or terms similar with it at a business establishment. The stipulation is, however, away from a reality. It only has a sort of apparent meaning even though it is the positive law. However, times are changed and are changing. A rule should reflect the stipulation suitable for contemporary culture. A term, restructuring, exists in the law related to tourism which is connected with tourist industry. In other words, there are many assumed stipulations away from the practical aspect, because of wrong systems. However, what does the restructuring mean in the law related to tourism\ulcorner The thing is to make new system or base appropriate to the present situation, and to study improvement ordinances in Article 12 of Tourism Promotion Law and stipulations for those. In order to do these, the contents of Tourism Promotion Law from Article 1 to 60 and stipulations of law related to tourism law should be studied. In doing so, limited paper could not cover all.cover all.

• Journal of the Daesoon Academy of Sciences
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• v.26
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• pp.1-41
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• 2016

The script of the Fellowship of Daesoon Truth, 『Jeongyeong』 consists of seven sectors and 17 chapters. The seven sectors include 「Life of Sangje」, 「Reordering of the Universe」, 「Passing on of Teaching」, 「Law of Teaching」, 「Wisdom」, 「Cure of the Sick」, and 「Foreseeing」. The chapter 「Reordering of the Universe」 has the most records about Sangje, while the 「Law of Teaching」 has the most variety of materials in many passages about Sangje. This shows that the chapter 「Reordering of the Universe」 puts emphasis on the unique religious activities of Sangje and 「Law of Teaching」 is important for its edifying elements. "Law of teaching" is 敎法(Gyobeop) in Chinese character. 敎 means "teaching" and 法 "laws". What is law? A law becomes the rules for maintaining order of a society. In the view of religion, the law is ethical rules set by Kang Jeungsan to keep an order in the world. The first and second chapters of 「Law of Teaching」 have writings on 1. What Sangje said in person to the disciples, 2. The teachings Sangje gave to the disciples in certain occasions, 3. Reality of the society in late Joseon Dynasty, 4. Teachings related to the historical figures and old stories, and 5. Literatures. The third chapter has two special types of writing, which is about Taoism myths and statements written only in Chinese characters. In 『Daesoon Jeongyeong Volume 6』, the chapter 「Words of Law」 has more contents on edification for disciples, Cheok and resolving grudges with more detailed expression of woman resolving their piled up grudges. This chapter also has writings about discriminating old evil customs of Confucianism, emphasizing virtue and act of reciprocating for offered graces while training of one's mind and working on one's daily practice (shown in Sangje's saying about certain historical figures, quoting the Song of Suwun, statements in Chinese characters), Sangje's opinion about Japan, China, ancestral beings, eating raw foods, Byeokgok and others. In comparison with 「Words of Law」 in 『Daesoon Jeongyeong Volume 6』, which was issued in 1965 as the previous generation literature, 「Law of Teaching」 in 『Jeongyeong』 has many additional statements made to existing passages. Also, some passages were combined of two previous passages, some words were corrected, and in some passages, additional statements were made about the same person mentioned in another passage. And some passages were dropped. For the contents, 『Jeongyeong』 has additional statements about spiritual training of one's mind and practicing the teaching in daily lives, which indicates that 『Jeongyeong』 is focusing more on actual daily practice and the idea of overcoming hardships during the practice and realizing the principle of Resolution of all grudges.

• Proceedings of KOSOMES biannual meeting
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• 2006.11a
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• pp.221-237
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• 2006

Domestic laws such as Korea Marine Pollution Prevention Law which has been made and amended according to the conclusions and amendments of various international conventions, especially by MARPOL 73/78, were reviewed and compared with major contents of international conventions, and several alternative measures for legislating new laws or amending existing laws such as Korea Marine Pollution Prevention Law in accordance with new contents and recent amendments of existing and new international conventions were proposed. Annex VI of MARPOL 73/78 has been recently accepted in Korea Marine Pollution Prevention Law which should be applied to ships which are the moving point sources of air pollution at Sea rather than in Korea Air Environment Conservation Law which should be applied to automobiles and industrial installations which are the line and/or point sources of air pollution in land. International Convention for Ship's Ballast Water/Sediment Management should be accepted in Korea Marine Pollution Prevention Law or by a new law in order to prevent domes marine ecosystem and costal environment from the invasion of harmful exotic species through the discharge of ship's ballast water. International Convention for the Control of Harmful Anti-Fouling Systems on the Ships should be accepted in Korea Marine Pollution Prevention Law which should be applied to ships which are navigating in open sea and coastal waters rather than in Korea Noxious Chemicals Management Law. Basel Convention which shall regulate and prohibit inter-nations movements of noxious chemical substances should be accepted in Korea Marine Pollution Prevention Law in order to prevent the movement and transfer of scrap-purpose tanker ships containing bilge water of oil/water mixtures and chemicals remained on board from advanced countries to developing and/or underdeveloped countries and to conserve global marine environment after all.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.26
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• pp.3-34
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• 2005

This thesis is in focus on keeping int'l businessman in mind application of CISG to perform smoothly in the their oversea's trade in accordance with taking effect on ratification of it from first, March, 2005. First of all, they have to keep in mind that it is possible to fall within the sphere of application of CISG of their contracts made between parties whose places of business are in different countries or although they have their places of business in different contracting states, if rules of private int'l law imply or express to the application of law of contracting state. Therefore in order to avoid confusion about whether apply or not, it is necessary to customize application of CISG as a proper law of their contracts. If so, they can avoid problem of requirements as to forms and any other requirement as to forms. Secondly they must attend the use of the legislative history of CISG and the use of the int'l case law and various scholarly thesises that studied on CISG such as information of Institute of Int'l Commercial Law under School of Law, PACE University. If so, problems which can give a rise in connection with interpretation of a basic and important terminology of CISG will be successfully conquest. In addition to above mentioned attentiveness, they must keeping in mind that various problems in connection with application of provisions of CISG can give their oversea's business a obstacle. buy the way of precaution against this case, they have to collect and analyze various materials about CISG.

• Journal of Arbitration Studies
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• v.28 no.4
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• pp.61-88
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• 2018

Myanmar has witnessed rapid economic growth in the 21st century. The cultural heritage of Myanmar (Burma) inherited from ancestors is law literature such as Dhammathat and Rajathat. Burma is a unique country in Southeast Asia in a sense that it already had a modern law system. For example, there has been a legal profession even in 12th century AD. According to Rajathat, lawyers were required to wear a uniform in court. Furthermore, lawyers and Judges participated in legal proceedings from the 15th century. As to the role of Dhammathat, there are conflicting views in the academic community. According to Professor Andrew Huxley, the profound literatures of Dhammathat had played an important role as a source of law in Burmese court in ancient times. Dhammathats have flourished in the struggle among the King, lawyers, and monks in old Burmese society. This customary law combined with Rajathat provided a guidance of legal proceedings in Burmese court, as well as village settlement. This traditional dispute resolution system reaches modern times in the form of Buddhist family law in Myanmar. Nowadays, the law system of Myanmar looks like a legal pluralism since the customary laws of Burma, as well as Shan and Arakan, are effective and co-exist with common law adopted at the colonial period. In recent times, Myanmar has enacted new arbitration laws (2016) in order to attract foreign direct investment.

• Korea Trade Review
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• v.45 no.1
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• pp.83-100
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• 2020

This study aimed to provide the most accurate analysis possible regarding the buyer's duty to examine goods and give notice, or the like, of non-conformity to the seller under Belgian law in comparison with the CISG and CESL. Even though Belgium is the capital of the Europe Union, most of its laws remain untranslated in English. Therefore, this study may offer key insights into the specificities of Belgian law, which while being derived from the French Napoleon Code has its own practices coded into its Case Law. It also makes a comparison with the new CESL and CISG in order to evaluate their respective influence on national law and other infructuous attempts to harmonize Belgian law for the internal European market. Evaluating the differences of each system in the spirit of comparative law may be a good basis for the development of laws in each jurisdiction.