• THE INTERNATIONAL COMMERCE & LAW REVIEW
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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 INTERNATIONAL COMMERCE & LAW REVIEW
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• 제73권
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• pp.65-90
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• 2017

The rule of warranty in English insurance law was established in the second part of the $18^{th}$ century by Lord Mansfield, who laid the foundations of the modern English law of insurance contract and developed very different rule of insurance law, especially in the field of warranty. At the time of Lord Mansfield, warranty, that is, the promise given by the assured, played an important role for the insurer to assess the scope of the risk. Legal environments, however, have changed since the age of Lord Mansfield. English and Scottish Commissions proposed very dramatic reform of law in the field of warranty law to reflect the changes of legal environment through the Insurance Act 2016. This article intends to consider the legal implications through the comparative analysis between the new regime of warranty in the Insurance Act 2015 and MIA 1906. The major changes in the Insurance Act 2015 are summarized as following. First, Basis of the contract clauses in non-consumer insurance contracts should be of no effect and representations should not be capable of being converted into warranties by means of a policy term or statement on the proposal form. This requirement should not be capable of being avoided by the use of a contract term and the arrangement of contracting out by parties should be of no effect. Secondly, The existing remedy for breach of warranty, that is, automatic discharge of the insurer's liability, should be removed. Instead, the insurer's libility should be suspended from the point of breach of warranty and reattach if and when a breach of warranty has been remedies. Thirdly, A breach of warranty should genally be regarded as remedied where the insured ceases to be in breach of it. In the other hand, for time-specific warranties which apply at or by an ascertainable time, a breach should be regarded as remedies, if the risk to which the warranty relates later, becomes essentially the same as that originally contemplated by the parties. Fourthly, where a term of an insurance contract relates to a particular kind of loss, or loss at a particular location/time, the breach of that term should only give the remedy in relation to loss of that particular kind of loss, or at a particular location/time. Finally, whether a term of an insurance contrat relates to loss of a particular kind of at a particular location/time should be determined objectively, based on whether compliance with that ther would tend to reduce the risk of the occurrence of that category of loss.

• Strategy21
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• 통권46호
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• pp.205-238
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• 2020

The origin of mission command can be traced to the era of the Prussian military reforms led by General Gerhard von Scharnhorst after defeats in battle of Jena and Auerstadt in 1806 against Napoleon I. Mission Command is the conduct of military operations through decentralized execution based upon mission-type orders. Commanders issue mission-type orders focused on the purpose of the operation rather than details of how to perform assigned tasks. The mission command has become the command philosophy of the German military and recently many countries in the west accept it as a command philosophy. This study compare and analyze the Battle of St. Vincent and the Battle of Jutland to make sure if the army-initiated mission commands were also useful for the navy. From the late 18th century, represented by the era of Nelson, Royal navy changed from the inherited rigid command culture to guaranteeing the disciplined initiative of its subordinate commanders. In the Battle of St. Vincent in 1797, Nelson acted contrary to the commander's orders at the crucial moment, which gave Britain a decisive victory. On the contrary more than 100 years later, the command culture of the Royal navy changed into a centralized command culture. In the Battle of Jutland in 1916, Royal Navy couldn't win because the rigid command culture did not guarantee initiative of subordinate commanders and subordinate commander's passive attitude of waiting for the commander's instructions even at critical moments. Therefore, a mission command that guarantees the initiative of subordinate commanders is a useful concept even in the navy because it makes subordinate commanders to take full advantage of a sudden change in battle. Today's advanced information and communication technologies have raised questions about mission command. But even advanced technology can't completely eliminate the fundamental nature of the war-the fog of war. War is chaotic and unpredictable. In the flood of lots of informations, senior commander's judgement is not always right because he(she) is also human, he(she) can make mistakes. In the age of informatization, mission command is still effective because it involves increasing interaction and synergy between senior and subordinate commanders by ensuring their independence. Therefore ROK navy also needs to activate mission command. ROK navy must dismantle the zero-defect mentality and apply from educations as Prussian did to establish a mission command culture.

• Cartoon and Animation Studies
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• 통권25호
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• pp.109-132
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• 2011

The Vampire has relatively universal images in through the cultural and verbal usages. The comic Higajima and movie display the latest image of Japanese Vampire of asian mode of production. After the Meiji political reformation of 18th Century, Japanese had rapidly changed into European style in every places. However, the Higajima is denied the structural changes, it is insisted that the changing is only the skin deep and colour of hair but the structure of the society is same as feudal Japan. Asian mode of production is claimed by Karl Marx, according to him, it is before the historical developing model in Europe and it was controversial. The major character of modern Japanese history would be the change of hierarchy of king-shogun-samurai-peasant based on the regional ground. The feudal structure is changed by the Meiji reformation and Japan was rushed for the westernized country rather than the asian mode of production. However, Higajima argued that the changing is just the clothes of ruler but the democracy and individual citizenship was lost in that reformation. Vampire is cursed creature that cannot see the sun and it has not the functioned as a human organ. For human it is dead but this creature actively moves and stronger than human and much superior than human in every aspects. It is managed the feeding through the suck the human blood and power to seduction. Even it is not exist, it is quite symbolic phenomenon of cultural usage of superior entity of chain of feeding. The aim of this paper is display the symbolic code Vampire of Asian mode of production in Higajima and political struggling of Japan in actual. To search of the cultural meaning and possibility of the Korean solution of modernity.

• Journal of the Korean Society for Nondestructive Testing
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• 제18권1호
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• pp.46-49
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• 1998

Being latecomers to the industrialization, Pacific rim countries except the U.S.A. are doing very little in developing the universal certification system. One should note that Asian Pacific region enjoys the highest economic growth rate, and there is a good possibility that it will be the center of economic activities of the world in the next century. It appears that ISO and CEN share similar specifications in numerous areas. ASNT is being changed to cope with the trend with the introduction of ACCP. Although we may have to adopt the new system someday, we should pay attention and make concerted effort to include our own practice in the global standards. We are the countries in the Far East Region with similar culture and tradition, which are quite different from those of western countries. We hope that Japan should play an important role in this matter, who has been chaired the ISO TC135 since 1993. In the beginning of this decade, there has been a trivial but troublesome matter that who is representing the NDT Society or member countries in Asia-Pacific Conference on NDT. The problem appears to be solved since the establishment of FENDT For the next decade, actually next centry, FENDT will have to accomplish another important role for countries in the Far East Region to form a strong coalition for its survival in the western dominant world. Immediate issue is to establish Far East Working Group for Harmonization and Mutual Recognition of Qualification and Certification of NDT Personnel. To realize this Japan must play a leading role with the cooperation of expanded FENDT member countries including China and Russia. As the continued prosperity expected in this region, FENDT should continue its role for the next centry. We, the FENDT countries, must move forward for internationalization(國際化). However' we must realize that it all start from SELF IDENTI-FICATION. We can identify ourselves by actively participating in FENDT. I would like remind you the concluding remark that I have made in the congratulatory speech at JSNDI 40th Anniversary Conference and FENDT'92. JSNDI is too precious to be Japan's sole possession Staling from the Far East, JSNDI shall become one of the loaders of the world. I sincerely hope that JSNDI take initiatives and leaderships in the future activities. of FENDT countries. I would like to close my talk with "We must hang together, or We shall be hang seperately." Garn Sa Ham Ni Da.

• Atmosphere
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• 제23권4호
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• pp.389-400
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• 2013

Chugugi and Wootaeck rainfall data of Gyeonggi Province from 1830 to 1893 were restored from the "Gaksadeungnok" that is the government records between the central government and the local during the Joseon Dynasty. The restored data periods were 27, 10, 9 and 14 years for Kwangju, Suwon, Ganghwa and Gaeseong, and the total number of restored data was 655 for the Chugugi and 427 for the Wootaek, respectively. The variation pattern of monthly rainfall by Chugugi was investigated and it showed that the monthly rainfall more than 300 mm was recorded 25 times with 18 times in July, 5 times in August and 3 times in June. The cases of more than 500 mm were also recorded 8 times with the maximum 787 mm at the Kwangju in July 1862, showing the similar pattern to Seoul. The monthly mean rainfall for the Gyeonggi Province were 259 mm in July, 204 mm in August and 121 mm in June, which were about one third of that of Seoul. The correlation analysis between the Chugugi and Wootaek data was carried out to derive the quantitative values of Wootaek observations. It revealed that 1 'Ri' of Wootaek observation was equal to approximately 1 'Chon (Chugugi unit)' or 20 mm, while 1 'Seo' was very variable between 2 and 6 'Boon (Chugugi unit)' with the median value approximately 3 'Boon' or 6 mm. Recalculated Wootaek data showed that the monthly rainfall in July, August, and June were 289 mm, 154 mm, and 124 mm, respectively. Through this study, some features of the rainfall variation pattern during 1830~1893 were figured out, and quantitative interpretation of Wootaek data became possible based on the restored rainfall data from the "Gaksadeungnok". Though many pages of the book have been lost during the last hundreds years, "Gaksadeungnok" is still very meaningful and of practical use, for it contains plenty of the local data throughout the whole country during the latter part of Joseon Dynasty. Therefore, further studies are strongly recommended on the restoration of climate related data and on the climatic tendency of 19th century of Korean peninsular.

• Journal of the Korean Society of Food Culture
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• 제19권3호
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• pp.273-284
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• 2004

This study is on the changing pattern of fish-and-shellfish uses during the last two thirds of Chosun period on the premise that they are influenced by development of fishing technology. With a literary approach, this paper researches how fish-and-shellfish production and consumption pattern changed, especially in relation to technological development of fisheries. First, we examine into the changes of fishery production. And next, we analyze the kind and cooking method of fish-and-shellfish in [Eum-sik-di-mi-bang](1670) and [Gyu-hap-chong-seo](1815). The analysis of two books revealed that there were significant differences in fish-and-shellfish uses. Because the two books were written with a gap of 145 years and the development of fishing technology and remarkable changes of fishery production affected on the fish-and-shellfish uses. Due to primitive fishing tools and skills, fresh-water and reverse-river-fish and shellfish had been caught in substantial amount until the middle ages of Chosun period. As a result, the availability of seafood were limited extremely even in the upper classes. These situations are evidenced by the analysis of [Eum-sik-di-mi-bang]. Only 12 kinds of fish-and-shellfish are described in [Eum-sik-di-mi-bang]. Most of the sesfoods is mollusc which is easy to catch. As for the salt-water fish, dried cod and dried herring were mentioned. Mullet, the reverse-water-fish, is used most frequently. Only one kind of 'Hoe', which needs extreme freshness, is described. This means that the use of fresh fish-and-shellfish was very limited to some kinds which could be caught near the village. As the netting fishery began to be developed in the 18th century, the production of some salt-water fishes, such as anchovy, shrimp, yellow corvina, pollack, and herring, had increased remarkably to make marine resources more available. Small fish, such as anchovy and shrimp were preserved as 'Jeot-gal' and sold nationwide. Therefore, 'Jeot-gal' and seafood could be used in Kimchi around this time and had a deep influence on the change of Kimchi in taste and nutrition. In [Gyu-hap-chong-seo], 33 kinds of fish-and-shellfish are described. Including cod and herring, 17 kinds of sea water fish and mollusc are mentioned. Some of these are consumed in fresh state, neither as dried nor as salted. Because the merchants promoted the transport of seafoods to other regions according to the growth of commercial economy. As a result the diet of the people could be enriched by the various seafoods.

• Journal of Korean Medical classics
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• 제30권1호
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• pp.31-50
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• 2017

Objectives : This paper aims to shed light on the change in Korean medicine's anatomical awareness through reviewing the locations and the interrelationship between back acupoints, live, and spleen as revealed in Suwen Xueqixingzhipian. Methods : The locations of the back acupoints described in the Suwen Xueqixingzhipian were compared with the information found in Neijing annotations, Lingsu, and other books on acupuncture, and the location of liver and spleen were compared with the figures of internal organs found in pre-Northern Song Period texts and with Neijing's other chapters. Results : According to Taisu, the acupoint UB18 and UB20 as described in the back acupoints of Suwen Xueqixingzhipian are located left side and right side of human body respectively, and this knowledge derives from an accurate anatomical awareness of the locations of liver and spleen. Although such anatomical awareness found in Taisu, which was published in the Sui Dynasty, was unable to influence the 10th century Oh Dynasty's Yanluozi Neijingtu, it was gradually revised in Northern Song Period's Qixifan Wuzangtu and Cunzhentu through autopsies. However, the Theory of Five Elements which described as seen in the other chapters in Neijing or Tang Dynasty Wang Bing's annotation that liver is located at the left side of human body and spleen at the center exerted an immense influence over the subsequent generations' future doctors. Even though Taisu disappeared in Korea and China at the end of Southern Song period, the accurate anatomical knowledge with regards to the locations of viscera and entrails were passed down through medical texts such as Ming Dynasty's Yixuerumen. Conclusions : Suwen Xueqixingzhipian's awareness on the anatomical locations of liver and spleen only continued until the end of Southern Song period through Taisu. Because of this, it's anatomical awareness did not have a chance to gain much following like the Theory of Five Elements' point of view that were introduced in Wang Bing's annotations.

• Archives of design research
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• 제18권1호
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• pp.59-68
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• 2005

In 20th century, that is the times of mass production with mass consumption, a company supplies standard product by the system of mass production line. Therefore, the company, itself, had to introduce its product quality to the customers. It was the buying criterion of consumer against product. In that period, a company utilized its identity in order to give customers product information such as product value, price and quality, etc. However, as digital technology with the wide-spread of informationalization & technical revolution is developed, products have diversification and customers have better incomes. So, buying method tends to thi purchase of self-satisfaction generally. In the buying criterion of consumerbased on personality & sensibility, a company must offer the buying criterion of product which can appeal the special quality & image of product itself to customers, and it must stop appealing the Cl of company under the condition of mass production by product quality and function. This study tried to focus on the method which can create effective brand and its image that are the buying criterion of new product. Also, this study tried to find the effective relation between economical & social paradigm which is the result of social informationalization with intensive knowledge, and buying determination of customer, And, this study tried to present guideline of effective brand image and brand special Quality that is affected to buying determination of customers together. The model of Positive analysis had two types. The first model studied the mutual relation between economical/social change factors and special quality of brand. And, the second model studied the mutual relation between the cause of special quality of brand and formation of brand image through regression analysis. Therefore, the construction of sensitive brand image for forming brand must be requested. The sensitive brand image is highly related to preference of sensibility, and it must be based on mind identity & visual identity. And, mind identity must have creation of value, satisfaction, combination of community, personal preference, etc. Visual identity must have esthetic order, and originality of molding, etc. Namely, brand image must form the accommodation of era change, personality & sensibility satisfaction, the effectiveness of service, etc., in order to create effective brand image.

• Cross-Cultural Studies
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• 제33권
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• pp.143-169
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• 2013

Recently, because of the danger and damages that following the steady development of scientific technologies, natural science is faced with many humane and ethical problems. So it is asserted the interdisciplinary with social and human science. However, it comes commonly that the ethical issues such as world view and one's view of life caused the development of sociology, especially development of the market economy. But in many cases, the interdisciplinary can be useful for widen the view of scholars. The interdisciplinary is actually connected with the problems of philosophy, and located in that domain. In this case, this is noticed as a model to the philosophers in 18th century, especially Denis Diderot. Diderot published De $l^{\prime}interpr{\acute{e}}tation$ de la nature during editing the Encyclopedia, from there he picked out the contents from piles of documents of Encyclopedia. Even though the contents or opinions of De $l^{\prime}interpr{\acute{e}}tation$ de la nature are inaccuracy or erroneous, it shows that how human-social science and natural science encountered. Diderot studied mathematics and then Diderot accepted to the natural science proposal, he approaches philosophy with translate English books to the French. Next he understood natural science by reading Buffon and Maupertuis, and during working for Encyclopedia, he possessed his knowledge that he can claim his opinion to other scholars. However in this De $l^{\prime}interpr{\acute{e}}tation$ de la nature, Diderot who sometimes rebutted other scholars' theory and demonstration, tried to build a philosophy on metaphysics in order to it was important for himself that he imposed the methods of science and importance of experience. Anyhow, this De $l^{\prime}interpr{\acute{e}}tation$ de la nature cause consider the recognition of Diderot in the field of natural science, and is suggested as a model about his Nature. This mean that it is an expression of his philosophy, and the content is found from natural philosophy and empirical philosophy. Like giving these attache the importance of method study for science and technique, these are targeted the promotion of popularization of natural-science and scientific-technology. Also it advocates fulfilling from reasonable philosophy to empirical philosophy. Therefore, the philosophy which was speculative and abstracted became his philosophy which was writing the meaning, as waiting the discovery of science. And at that time, the humanities made interdisciplinary with natural science.