• 제목/요약/키워드: principles

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국제상사계약(國際商事契約)에 관한 UNIDROIT 원칙(原則)의 의의(意義) (The Purposes of the UNIDROIT Principles of International Commercial Contracts)

  • 최준선
    • 무역상무연구
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    • 제12권
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    • pp.227-252
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    • 1999
  • In this Article the writer introduces the origin and preparation of "the UNIDROIT Principles of International Commercial Contracts". In May 1994 the Governing Council of the UNIDROIT gave its formal imprimatur to the UNIDROIT Principles and recommended their widest possible distribution in practice. After brief discussion of the establishment procedure of the UNIDROIT Principles the writer discusses the legal nature of the Principles as an international restatement of contract law. The UNIDROIT Principles has more flexibility than international convention. But it has deficit in the sense of legal stability. Also the scope of application of the Principles was discussed. It can be applied only to the international commercial contracts. It includes two basic principles in it's application, i. e. "commercial contracts" and "international contracts". For the rest of the Article the writer concentrates on the contents of the Principles and the basic ideas underlying the Principles from the point of view of the comparision between the UNIDROIT Principles and "the UN Convention on the International Sale of Goods" (CISG). The UNIDROIT Principles are only restatements and the CISG is an international convention. The application of the CISG is obligatory due to its nature as an international convention. In the contrary the possibility of the application of the UNIDROIT Principles is more flexible. The UNIDROIT Principles is a more comprehensive instrument than CISG. Therefore it can be applied to all kinds of international commercial contracts. In the contrary the CISG can be applied only to international sales contract. Since CISG only deals with contracts for the sale of goods, and the scope of the UNIDROIT Principles is much wider, no overlap can occur where contracts other than sales contracts are concerned. Rather the UNIDROIT Principles can supplement the CISG and the CISG also can be criteria in interpreting the UNIDROIT Principles. As the conclusion the writer summarizes the meanings of the UNIDROIT Principles and presupposed the futur perspectives of the Principles.

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다시 음미해보는 시스템엔지니어링 원칙 (Systems Engineering Principle Revisited)

  • 한명덕
    • 시스템엔지니어링워크숍
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    • 통권1호
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    • pp.119-126
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    • 2003
  • After attending the special lecture by Halligan on "The Principles of Systems Engineering" at the 2002 KCOSE workshop, the author tried to collect similar SE principles scanning throughout several SE text books and internet sources. During this process it is found that INCOSE once established a SE-Principles WG and tried to collect SE-principles. They tried to make distinctions among pragmatic, mathematical, and philosophical principles. The result of this effort to collect various SE-principles showed that, including the INCOSE SE-principles WG, most authors seem only succeeded in generating the pragmatic SE-principles but failed in both mathematical and philosophical SE-principles.

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약사법상 한약제제의 정의 중 한방원리의 의미에 대한 고찰 (Implication of Korean Medicine Principles in Herbal Medicinal Preparations on Pharmaceutical Affairs Act)

  • 임현진;김지훈;조선영;박선동;김윤경
    • 대한한의학방제학회지
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    • 제23권1호
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    • pp.1-14
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    • 2015
  • Objectives : In Pharmaceutical Affairs Act, herbal medicinal preparations are defined as medicines made by Korean medicine principles. But in Act, Korean medicine principles are vague. Thus, there is a request to explain what the Korean medicine principles are. The aim of this study is to suggest implications of Korean medicine principles in definition of herbal medicinal preparations. Methods : With regard for definition of Korean medicine principles, we referred to the domestic and foreign regulations and literature about the history of herbal medicinal preparations. As a result, the meaning of Korean medicine principles was historically examined from various angles. Results : Through this study, we studied the Korean medicine principles from the past medical history. Due to the broad definition of Korean medicinal principles, we tried to extract general ideas of medicine principles first. We also found that we had scientific formulations based on korean medicine principles which could be used in modern society. In the end, we found that numerous medicine principles which include ‘Four qi and five flavors theory’, ‘Processing of medicinals’, ‘Yin and yang theory’, ‘Five phases theory’, ‘Meridian entry of viscera and bowels theory’, ‘Herb Couplet Interaction theory’, ‘Sovereign, minister, assistant and courier theory’, etc. Conclusions : Innumerable principles used from the past existed. These principles were broad and could be used as modern scientific principles. Based on these facts, we illustrated details of Korean medicine principles, hope this principles be widely shared and Korean herbal medicinal preparations be further developed.

UNIDROIT Principles 2010에 관한 소고 (A Study on the UNIDROIT Principles 2010)

  • 이시환
    • 무역상무연구
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    • 제51권
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    • pp.101-131
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    • 2011
  • The Governing Council of UNIDROIT at its 90th session adopted on 10 May 2011 the third edition of the Principles of International Commercial Contracts("UNIDROIT Principles 2010"). The UNIDROIT Principles of International Commercial Contracts first published in 1994 and in a second edition in 2004, are taken by legislators worldwide as a model for contract law reform and increasingly used in international contracting and arbitration practice, as well as by the courts to interpret and supplement the applicable domestic law. The UNIDROIT Principles are particularly useful to parties when negotiating and drafting international contracts. The new edition of the Principles, UNIDROIT Principles 2010, prepared by a group of experts from all over the world including representatives of numerous international organizations and arbitration centers. The UNIDROIT Principles 2010 contain new provisions on restitution in case of failed contracts, illegality, conditions, and plurality of obligors and obligees, while with respect to the text of the 2004 edition the only significant changes made relate to the Comments to Article 1.4.

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현대전 양상에 부합된 군사작전 원칙에 관한 연구 (A Study on the Principles of Military Operations Coincident with Modern War)

  • 이강언;최성수
    • 안보군사학연구
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    • 통권7호
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    • pp.129-154
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    • 2009
  • The principles of military operations(principles of war) are the fundamental principles ruling warfighting that made based on the experiences of wars from the time of ancient Greeks to the World War II. Recent wars such as Iraq War showed us the change of environment of war and the style of waging a war. It is believed that future war will be executed with the style of Rapid Deceive Operations, Effect Based Operations, Network Centric Operations. Therefor the principles of war which we use should be reconsidered whether it is useful or not in future warfare. By considering the present principles of operation which are using in many countries and analysing the style of waging future war, we suggest new principles of operations : principle of gravity, principle of mass and dispersal, principle of disturbance, principle of speed, principle of paralysis, principle of synchronization and integration, principle of leadership, and principle of information.

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해외투자(海外投資)와 지속가능발전 원칙 - 적도원칙(赤道原則)(Equator Principles)을 중심으로 - (How to Reflect Sustainable Development in Overseas Investment including Equator Principles)

  • 박훤일
    • 한국무역상무학회:학술대회논문집
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    • 한국무역상무학회 2006년도 제35회 하계 정기세미나
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    • pp.45-72
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    • 2006
  • The Equator Principles are a set of voluntary environmental and social guidelines for ethical project finance. These principles commit banks and other signatories to not finance projects that fail to meet these guidelines. The principles were conceived in 2002 on an initiative of the International Finance Corporation and launched in 2003. Since then, dozens of major banks have adopted the Principles, and with these banks among them accounting for more than three quarters of all project loan market volume the Principles have become the de facto standard for all banks and investors on how to deal with potential social and environmental effects of projects to be financed. While regarding the Principles an important initiative, NGOs have criticised the Principles for not producing real changes in financing activities and for allowing projects to go through that should have been screened out by the Principles, such as the Sakhalin-II oil and gas project in Russia. In early 2006, a process of revision of the principles was begun. The Equator Principles state that endorsing banks will only provide loans directly 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 International Finance Corporation (IFC). - For all medium or high risk projects (Category A and B projects), sponsors complete an Environmental Assessment, the preparation of which must meet certain requirements and satisfactorily address key environmental and social issues. - The Environmental Assessment report addresses baseline environmental and social conditions, requirements under host country laws and regulations, applicable international treaties and agreements, sustainable development and use of renewable natural resources, protection of human health, cultural properties, and biodiversity, including endangered species and sensitive ecosystems, use of dangerous substances, major hazards, occupational health and safety, fire prevention and life safety, socio-economic impacts, land acquisition and land use, involuntary resettlement, impacts on indigenous peoples and communities, cumulative impacts of existing projects, the proposed project, and anticipated future projects, participation of affected parties in the design, review and implementation of the project, consideration of feasible environmentally and socially preferable alternatives, efficient production, delivery and use of energy, pollution prevention and waste minimization, pollution controls (liquid effluents and air emissions) and solid and chemical waste management. - Based on the Environmental Assessment, Equator banks then make agreements with their clients on how they mitigate, monitor and manage those risks through an 'Environmental Management Plan'. Compliance with the plan is required in the covenant. If the borrower doesn't comply with the agreed terms, the bank will take corrective action, which if unsuccessful, could ultimately result in the bank canceling the loan and demanding immediate repayment. - For risky projects, the borrower consults with stakeholders (NGO's and project affected groups) and provides them with information on the risks of the project. - If necessary, an expert is consulted. The Principles only apply to projects over 50 million US dollars, which, according to the Equator Principles website, represent 97% of the total market. In early 2006, the financial institutions behind the Principles launched stakeholder consultations and negotiations aimed at revising the principles. The draft revised principles were met with criticism from NGO stakeholders, who in a joint position paper argued that the draft fails by ignoring the most serious critiques of the principles: a lack of consistent and rigorous implementation.

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국제상사중재(國際商事仲裁)에서 UNIDROIT 원칙(原則)의 적용가능성(適用可能性) (The Applicability of he UNIDROIT Principles in Interactional Commercial Arbitration)

  • 오원석
    • 한국중재학회지:중재연구
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    • 제9권1호
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    • pp.161-182
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    • 1999
  • The purpose of this paper is to examine the applicability of the UNIDROIT Principle in international commercial arbitration. For this purpose, I have studies the basic two characters of this Principles: One is of general rule(principle); Another is of international and commercial character. According to CISG, questions concerning matters governed by the CISG which are not expressly settled in it are to be settled in conformity with the general principles, so this Principles will cover many questions which are not expressly settled in the applicable law, by gap-filing, analogy or usage. In the preamble of this Principles, there are five cases in which the Principles shall be applied or may be applied. If the disputes are submitted to the any national court, the application of this Principles would be restricted because of the mandatory rules of national, international or supranational origin. But the disputes are submitted to arbitration, the arbitrator would have more discretional powers to apply the Principles than the judge. The reason is that in the arbitration, the arbitrators do not bear obligation to act in conformity with the law applicable by virtue of the rules of rules of private international law. I also examined the applicability of the Principles in cases which there are no mentions in preamble: When the international arbitrators choose the Principles; When the arbitrators decide ex aequo et bono; When the both parties have not chosen the governing law; When there are gaps in domestic law chosen by the parties; When the applicable domestic law is insufficient. In all these cases, the Principles may be applied more easily and conveniently in arbitration than in litigation. Thus to envisage the application of this Principle in international arbitration, first both parties in international commercial contracts should incorporate this Principle as a governing law in their contracts, and second, the arbitrators should try to apply this Principles in their arbitrations by choice, analogy, general principles or usage.

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Gas Chromatography/Mass Spectrometry를 이용한 팔강약침액 성분에 대한 연구 (The Study on the Composition in Pharmacopunctures of Eight Principles by Gas Chromatography/Mass Spectrometry)

  • 김협;안병수
    • 대한약침학회지
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    • 제11권3호
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    • pp.79-91
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    • 2008
  • Objective: The purpose of this study was to investigate the composition for pharmacopunctures of eight principles hydrodistillation layer. Methods: The study was determined the hydrodistillation layer for pharmacopunctures of eight principles by hydrodistillation method. The effective components in hydrodistillation layer for pharmacopunctures of eight principles were extracted with ethyl ether or dichloromethane, and then analyzed by Gas Chromatography/Mass Spectrometry(GC/MS). Results: 1. Analyzed pharmacopunctures of eight principles by GC/MS, a lot of differences according to extraction solvent by each pharmacopunctures of eight principles and specific peak patterns were seen. 2. The main compound in pharmacopunctures of eight principles was a kind of hexaoxacyclohydrocarbon that has long hydrocarbon chain.

"UNIDROIT Principles 2004"의 변경(變更).신설내용(新設內容)의 개관(槪觀) (Outline of the Additions and Amendments in UNIDROIT Principles 2004)

  • 오원석;심윤수
    • 무역상무연구
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    • 제25권
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    • pp.41-71
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    • 2005
  • "UNIDROIT Principles 2004" focused on an enlargement rather than a revision. An additional Section or Chapter so to speak, which are about, the Authority of a Agents, Third Party Rights, Set-off, Assignment of Rights, Transfer of Obligations and Assignment of Contracts, and Limitation Periods have been added, while the only change of substance made to the 1994 Edition, apart from two paragraphs in the Preamble, and three new provisions in Chapter 1 and 2 which are necessary to adapt the Principles to the needs of electronic contracting. The Principles which have the nature of the restatement of international uniform laws (for example CISG) are continuous exercise. Therefore we should note whether in the future our concerns would be on a additional topics on a improvement of the current text by monitoring the reception of the "UNIDROIT Principles 2004" in practice, and the application by contracting parties. The purposes of the Principles may be classified into three ; the rules of law governing the contract, means of interpreting and supplementing international uniform law or domestic law, or models for national and international legislator. Among them, the function of governing law may be applied by the express choice by the parties or by the implied choice like "general principles of law" or "les mercatoria", and it may be applied in the absence of any choice of law by the parties. Among there importance functions, this writer would like to emphasize the function to supplementing international uniform law instruments. The reason is that the CISG which has been established as an international uniform sales act and to which our country would be a contracting State from March, 2005, needs a lot of gap-filling. For this purpose it is advisable the parties to insert following provisions in their contract. "This contract shall be governed by the CISG, supplemented when necessary by the UNIDROIT Principles 2004" Thus success in practice of the UNIDROIT Principles over the last then years has surpassed the most optimistic expectations. It is hoped that the 2004 Edition of the UNIDROIT Principles will be just as favorably received by legislators, business persons, lawyers, arbitrators and judges and become even better known and more widely used throughout the World.

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TRIZ의 핵심 발명원리를 이용한 발명적 사고도구의 개선 (Improving the Inventive Thinking Tools Using Core Inventive Principles of TRIZ)

  • 김태영;김중현;박영택
    • 품질경영학회지
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    • 제46권2호
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    • pp.259-268
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    • 2018
  • Purpose: SIT(Systematic Inventive Thinking) has been widely used in recent years. The validity of the five thinking tools of SIT is examined, and how to improve the inventive thinking tools is investigated. Methods: Frequency analysis on the usage of the TRIZ 40 inventive principles was used. Inventive thinking tools are derived by eliminating principles with low frequencies and grouping similar principles together. Results: Segmentation, prior action, combining, extraction, cushion in advance, transformation of properties are most frequently used among the 40 principles of TRIZ. The most frequently used principles and similar principles with them are grouped into new inventive thinking tools. Two of them, division and attribute dependency, belong to the 5 thinking tools of SIT, and the others, proactive measures, combination and reversal, do not. Conclusion: The newly identified inventive thinking tools are division, combination, proactive measures, attribute dependency, and reversal. The new five inventive thinking tools are quite efficient since they can cover more than two thirds of the TRIZ 40 inventive principles.