• 한국중재학회지:중재연구
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• 제16권2호
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• pp.89-120
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• 2006

If the existence and effect of the arbitration agreement becomes an issue in international business transactions, it is the key point how we shall determine the applicable law by national rules for the conflict of laws, or by other methods. The argument in determination of the applicable law to the existence and effect of the arbitration agreement is related to regal nature of the arbitration agreement. As there are foreign factors in international arbitration, therefore we must consider such an aspect. Besides, we have to examine whether the general theory of contract is universally applicable to the arbitration agreement. Currently, it is the general trend that the party's autonomy principle is applicable in determining the applicable law for the arbitration agreement. However, it is a difficult problem to recognize the applicable law chosen by the parties, whether it is based on any regal standard(for example New York Convention or the private international law or the essential quality of the arbitration agreement). In the light of the actual transactions, when the parties don't make a choice of the applicable law expressly, it will finally come down to presuming the party's implied intent. Nevertheless, finding the implied intent is a difficult problem. Some argue that we shall presume the choice of applicable law by an objective standard such as a place of arbitration, to prevent too much expansion of the scope of the recognition. But we need to review that this interpretation harmonizes with the principle of party autonomy. Especially, if we desire to detect the vital point where it is most closely linked to the arbitration agreement, we have to inquire how we will decide such a relation by means of any standard. However, as the existing Arbitration Act doesn't offer the solution to these issues, therefore we have to settle these problems through the development of adjudications and theories.

• 산학경영연구
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• 제13권
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• pp.207-221
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• 2000

신기술에 의한 체제정비가 요구되는 시점에서 1999년 채택된 미국 통일전자거래법은 우리나라에 주는 시사점이 크다. 통일전자거래법은 개인간의 거래에서의 지침에 중점을 두는 반면 우리나라의 전자거래기본법과 전자서명법은 정부의 역할을 중시한 것이 특징이다. 통일전자거래법에는 우리나라와 동일하게 전자기록, 전자서명등에 대한 정의가 있고 자동화된 거래, 컴퓨터 프로그램, 전자대리인, 정보, 정보처리시스템, 보안절차등 우리나라에 없는 정의가 들어 있다. 제16조에서 규정하는 양도가능한 기록(Transferable Record)도 우리나라에 없는 특이한 개념이다. 여기서 명시하고 있는 전자어음은 법제정이 있기도 진에 우리나라에 도입하려고 하는 개념으로 금융산업의 지각변동을 예고하는 조항이기도 하다. 우리나라는 사이버몰, 인증기관을 강조하고 소비자의 보호지침을 도입한 것이 미국과 다른 특징이다. 미국의 경우는 각종 분쟁의 경우 법원의 해석을 강조하여 전통적인 사법부우위의 모습을 보여주고 있다. 향후 예상되는 각종 분쟁에 대한 미국의 판례연구는 한국에서도 신속하게 연구되어 적용되어야 할 분야라 하겠다.

• 간호행정학회지
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• 제20권1호
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• pp.22-34
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• 2014

Purpose: This study was conducted to generate a grounded substantive theory of the adaptation process of mothers-in-law of Vietnamese women married to Korean husbands. Methods: Thirteen women who had Vietnamese daughters-in-law were interviewed. Data were transcribed verbatim and analyzed using a grounded theory method. Results: Eight categories with 19 sub-categories were extracted from 268 concepts. The identified phenomenon was 'overcoming differences' and the core category was 'trying one's best to live together with daughter-in-law'. The 9 categories were grouped into 3 stages for the adaptation process: encountering, struggling, and living together. Conclusion: The results indicate that when individuals from different cultural and personal backgrounds have to live together there is a continuing negotiation process towards meeting each other's needs. Health professionals can assist this adaptation process by providing these women with insights into various ways of meeting each other's need while they are struggling.

• 한국식생활문화학회지
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• 제28권2호
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• pp.177-185
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• 2013

This study analyzed restaurant table settings with Gestalt's law of visual perception to obtain basic data for future marketing strategies. The research uses methods that involve applying images of restaurant table settings to Gestalt's law of visual perception, doing content analysis, and conducting a frequency analysis as well as a Chi-square test for classification analysis by visual perception. Results show a significant difference in the laws of visual perception, especially in the laws of nearness and closure, between table settings of different countries and backgrounds, such as Korean, Japanese, Chinese, Western cultures. In terms of the law of nearness, Chinese dishes were low, while other countries' dishes and Korean dishes showed high figures. In terms of the law of closure, Japanese dishes and western dishes had low values, while other countries' dishes and Korean dishes were high in their closure. Further studies on consumer awareness by visual perception classification need to be conducted.

• Advances in nano research
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• 제9권4호
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• pp.251-261
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• 2020

In this article, vibration attributes of single walled carbon nanotubes based on Galerkin's method have been investigated. The influence of power law index subjected to different end supports has been overtly examined. Application of the Hamilton's variational principal leads to the formation of partial differential equations. The effects of different physical and material parameters on the fundamental frequencies are investigated for armchair and zigzag carbon nanotubes with clamped-clamped, simply supported and clamped-free boundary conditions. By using volume fraction for power law index, the fundamental natural frequency spectra for two forms of Single-Walled Carbon Nanotubes (SWCNTs) are calculated. The influence of frequencies against length-to-diameter ratios with varying power law index are investigated in detail for these tubes. MATLAB software package has been utilized for extracting tube frequency spectra. The obtained results are confirmed by comparing with available literature.

• 대한인간공학회지
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• 제26권2호
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• pp.15-20
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• 2007

The purpose of this study is to compare assessment techniques for Korean characters entry methods of mobile phones. This study was performed based on survey of relevant existing studies. The assessment techniques were classified into three: 1) predicting entry time using conceptual models such as Fitts' law, Hick-Hyman's law and KLM-GOMS model (conceptual model); 2) counting the number of pressing button(number of pressing button); and 3) measuring performance or rating subjective measures using real mobile phones(real mobile phone). The comparison revealed that the assessment results were different depending upon the techniques used. The results from the conceptual model using only Fitts' law and the number of pressing button were opposite to those from techniques of the real mobile phone and conceptual model using Fitts' and Hick-Hyman's laws. Based on this result and suggestions provided by the literature, it is recommended that for more precisely assessing interfaces of mobile phones such as Korean characters entry method, real mobile phones be used instead of the conceptual models.

• 산업경영시스템학회지
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• 제33권2호
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• pp.23-32
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• 2010

In this paper, we proposed the modified method of Metcalfe's law that is "Modfied law" in evaluating the network power for the measurement of combat effectiveness in C4I system. It is applied to JFOS-K (Joint Fire Operating System-Korea) C4I system that can connect KJCCS (Korea Joint Command and Control System) of Korea armed forces with JADOCS (Joint Automated Deep Operations Coordination System) of U.S. armed forces and achieve sensor to shooter system in real time in JCS (Joint Chiefs of Staff) level. The result of combat effectiveness using Modified law is compared to the one by C2 theory and found that both is similar. This study is meaningful because we improved the description level of reality in calculation of combat effectiveness in C4I system.

• 무역상무연구
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• 제55권
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• pp.209-240
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• 2012

Since the age of Lord Mansfield, who laid the foundation of the modern English insurance contract law in the second part of the 18th century, English insurance law has developed a unique rule of warranty. Lord Mansfield adopted very different approach and afforded such a strict legal character to insurance warranty, because the promise, given by the insured, played an important role for the insurer to assess the scope of the risk insured at that time. It is still important that the insured keep his promises strictly to the insurer under the insurance contract, but legal environments have changed dramatically since the times of Lord Mansfield. English Law Commission proposed some proposals for reforming the warranty regime to reflect the changes of legal environment in CP 2007. This article is, therefore, designed to examine the proposals and consider their legal and practical implications. The proposals of Law Commission is summarized as following. First, in CP 2007, Law Commission made two principal proposals for reform of the law on warranty. The first is that the insurer should not be entitled to rely on a breach of warranty unless the insured has been provided with a witten statement of what they have undertaken under warranty. The second is that the insurer should not be entitled to reject a claim on the ground that the insured has breached a warranty unless there was a causal connection between the breach and the loss. Secondly, for consumer insurance, the rule requiring a causal connection would be mandatory, whereas for business insurance, it would be possible for the parties to agree on the effect a breach of warranty should have, provided they use clear language to express their intentions. Thirdly, where the insured contracted on the insurer's written standard terms of business, some statutory controls would be afforded to the contract to ensure that the cover was not substantially different from what the insured reasonably expected. Finally, Law Commission propose that a breach of warranty give the insurer the right to terminate the contract, rather than automatically discharging it from liability, but (unless otherwise agreed) only if the breach has sufficiently serious consequences to justify termination under the general law of contract. Having evaluated the proposals of the Law Commission and considered their legal and practical implications, it is quite clear that the proposed rule interfere with freedom of contract and create legal uncertainty. But change can not made without any victims, so Law Commission's attempt to change severe and injust aspects of the warranty regime would be very welcomed and respected.

• The Journal of Korean Physical Therapy
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• 제10권1호
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• pp.253-263
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• 1998

To provide physical therapy service of good quality keeping people healthy and obstain structural reformation coping with the demands of in medical service market to foreign intercourse on 21C, we should make legal system fer the physical therapy practice. Thus we suggest the Ministry of Health and Health and the authorities should, 1. Exclude the provision of physical therapist from the classfication of medical technician on the Medical Technician Law Article 2. and establish the independent Physical Therapist Law 2. Eliminate the provision of physician or dentist's guide the Medical Technician Law Article 1. or reform it to physician or dentist's request so that physical therapists may have a independent practice, or 3. Add the provision of the physical therapy center to the Medical Technician Law, the enforcement ordinances and enforcement regulations, such as the provision of optometrist or dental technician.

• 의료법학
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• 제7권2호
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• pp.179-218
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• 2006

To succeed the claim of medical negligence, the plaintiff should establish the medical profession's fault, and the causation between the fault and damages. The faults are judged on lege artis, which is based on expert witness. However, judges often infer the faults and causations from circumstantial evidences and patients' injuries. This presumptions depend on the law of nature(Erfahrungsgesetz). The law of nature can explain the typical development of the event. If the circumstantial evidences were in accordance with that, the faults and causations would be able to be recognized by the judges. Therefore the standards of comparison such as lege artis or the law of nature play an important role for medical negligence liabilities to be imputed to doctors or hospitals. The factual elements necessary to assume the fault is similar to those of the causation, for the concept of the fault is correlated with that of the causation. The elements include the temporal and spatial proximity between damages and defendant's medical treatments, no existence of other causations, the probability of bed results developed by the medical treatments, and so on. These enable the fault and causation to be assumed at the same times.