• Journal of Korea Trade
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• v.25 no.7
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• pp.108-121
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• 2021

Purpose - This paper studies whether the CISG is applicable to the arbitration agreement when the validity of the arbitration agreement becomes an issue. To make the study clear, it limits the cases assuming that the governing law of the main contract is the CISG and the arbitration agreement is inserted in the main contract as a clause. Also, this paper discusses only substantive and formal validity of the arbitration agreement because the CISG does not cover the questions of the parties' capacity and arbitrability of the dispute. Design/methodology - This paper is based on scholarly writings and cases focusing on the principle of party autonomy, formation of contract and the doctrine of separability to discuss characteristic of arbitration agreement. In analyzing the cases, it concentrates on the facts and reasonings that show how the relative regulations and rules are interpreted and applied. Findings - The findings of this paper are; regarding substantive validity of arbitration agreement, the courts and arbitral tribunals consider general principles of law for the contract and the governing law for the main contract. In relation to formal validity of arbitration agreement, the law at the seat of arbitration or the law of the enforcing country are considered as the governing law in preference to the CISG because of the recognition and enforcement issues. Originality/value - This paper attempts to find the correlation between the CISG and the arbitration agreement. It studies scholars' writing and cases which have meaningful implication on this issue. By doing so, it can provide contracting parties and practitioners with some practical guidelines about the governing law for the arbitration agreement. Furthermore, it can help them to reduce unpredictability that they may confront regarding this issue in the future.

• Journal of Arbitration Studies
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• v.20 no.2
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• pp.151-171
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• 2010

This paper investigates the consumer arbitration practices In the U.S. The key issue in consumer arbitration is how to protect the individual consumers from the loss of their legal rights stemming from the arbitration agreement with the business. In the U.S., the major legal doctrines to protect individual consumer include the voluntary-knowing-intelligent doctrine, unconscionability doctrine, and void contract. Even though the US courts are favorable to the enforceability of arbitration agreement, they strictly apply the contract law theories in deciding the existence of arbitration agreement, providing a strong common law protection for the consumers in arbitration. However, the practices for protection of consumers in arbitration in Korea are not mature yet. If consumer arbitration is widely adopted into B to C contracts, a protective measure for individual consumer can be found in the Act of Clause Regulation providing that the business has duty to explain the relevant clause in the adhesive contracts.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.12 no.6
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• pp.2619-2643
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• 2018

In this paper, a new clustering algorithm based on the connected region generation (CRG-clustering) is proposed. It is an effective and robust approach to clustering on the basis of the connectivity of the points and their neighbors. In the new algorithm, a connected region generating (CRG) algorithm is developed to obtain the connected regions and an isolated point set. Each connected region corresponds to a homogeneous cluster and this ensures the separability of an arbitrary data set theoretically. Then, a region expansion strategy and a consensus criterion are used to deal with the points in the isolated point set. Experimental results on the synthetic datasets and the real world datasets show that the proposed algorithm has high performance and is insensitive to noise.

• Proceedings of the Korea Society of Information Technology Applications Conference
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• 2005.11a
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• pp.153-156
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• 2005

Skin region detection in images is an important process in many computer vision applications targeting humans such as hand gesture recognition and face identification. It usually starts at a pixel-level, and involves a pre-process of color spae transformation followed by a classification process. A color space transformation is assumed to increase separability between skin classes and other classes, to increase similarity among different skin tones, and to bring a robust performance under varying imaging conditions, without any complicated analysis. In this paper, we examine if the color space transformation actually brings those benefits to the problem of skin region detection on a set of human hand images with different postures, backgrounds, people, and illuminations. Our experimental results indicate that color space transfomation affects the skin detection performance. Although the performance depends on camera and surround conditions, normalized [R, G, B] color space may be a good choice in general.

• Journal of Biosystems Engineering
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• v.24 no.4
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• pp.325-334
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• 1999

The aim of this study was to present a groundwork for development of a sorting system of peeled garlics using machine vision. Images of various garlic samples such as sound, partially defective, discolored, rotten and un-peeled were obtained with a B/W machine vision system. Sorting factors which were based on normalized histogram and statistical analysis(STEPDISC Method) had good separability for various garlic samples. Bayes discriminant function and neural network sorting algorithms were developed with the sample images and were experimented on various garlic samples. It was showed that garlic samples could be classified by sorting algorithm with average sorting accuracies of 88.4% by Bayes discriminant function and 93.2% by neural network.

• Proceedings of the Korean Society of Precision Engineering Conference
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• 1993.04b
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• pp.257-261
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• 1993

This paper presents a design method of turning device for robotic assembly based on the verification of a instability for a base assembly. To derive the instability, first we inference collision free assembly directions by extracting separable directions for the part, and calculate the separability which gives informations as to how the part can be dasily separated. Using the result, we determine the instability evaluated by summing the all separabilites of each component part in base assembly. The proposed method gives a design guidance of turning device by evaluating a degree of the motion istability for the base assembly in flexible manufacturing application. An example is given to illustrate the concepts and procedure of the proposed scheme.

• Proceedings of the Korean Operations and Management Science Society Conference
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• 1992.04b
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• pp.299-308
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• 1992

Determining tool-approach directions is an important issue when an effort is made to transfer CAD data into manufacturing automatically. An algorithm is developed to determine whether a given part can be machined on a three-axis milling machine. lf a set of feasible tool-approach directions exists for a sculptured surface, the NC tool path and G-codes for machining the surface on a three-axis milling machine can be generated automatically by an NC tool path generation algorithm. The algorithm can be used for orientation and fixturing of the workpiece for interference free machining. The algorithm can also be applied to checking the translational separability of polyhedral parts in automatic assembly.

• Proceedings of the Korean Society of Broadcast Engineers Conference
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• 2011.07a
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• pp.6-7
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• 2011

본 논문에서는 지역적 학습 방법을 활용하는 Average Neighborhood Margin Maximization(ANMM)에 기반하여 피부색과 비피부색 영역을 분리하는 이진 분류의 통계적 접근법을 제안한다. Fisher Linear Discriminant(FLD)와 Average Neighborhood Margin Maximization(ANMM)의 피부색과 비피부색 클래스 내 분산 대비 클래스 간 분산의 비교를 통해 두 클래스 간 분리력 변화를 확인한다. 교사(Supervised) 이진 분류문제에 대하여 Small sample size(SSS) 문제, 가우시안 분포 가정의 문제, 최대 추출 가능 특징 수 제한 문제 등을 해결함과 동시에, 지역적 특성 학습 방법의 도입을 통해 피부색과 비피부색 간 분리력을 향상시킨다.

• Proceedings of the Korea Multimedia Society Conference
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• 2002.11b
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• pp.101-109
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• 2002

In this paper, multiple object tracking system in a known environment is proposed. It extracts moving areas shaped on objects in video sequences and detects racks of moving objects. Color invariant co-occurrence matrices are exploited to extract the plausible object blocks and the correspondences between adjacent video frames. The measures of class separability derived from the features of co-occurrence matrices are used to improve the performance of tracking. The experimented results are presented.

• 제어로봇시스템학회:학술대회논문집
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• 2005.06a
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• pp.842-847
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• 2005

This paper proposes a novel real-time EMG pattern recognition for the control of a multifunction myoelectric hand from four channel EMG signals. To cope with the nonstationary signal property of the EMG, features are extracted by wavelet packet transform. For dimensionality reduction and nonlinear mapping of the features, we also propose a linear-nonlinear feature projection composed of PCA and SOFM. The dimensionality reduction by PCA simplifies the structure of the classifier, and reduces processing time for the pattern recognition. The nonlinear mapping by SOFM transforms the PCA-reduced features to a new feature space with high class separability. Finally a multilayer neural network is employed as the pattern classifier. We implement a real-time control system for a multifunction virtual hand. From experimental results, we show that all processes, including virtual hand control, are completed within 125 msec, and the proposed method is applicable to real-time myoelectric hand control without an operation time delay.