• 제목/요약/키워드: the Law of the Few

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New Trends in Private International Law and Our Response (국제상거래(國際商去來)의 사법통일(私法統一)노력과 우리의 대응(對應))

  • Park, Whon-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.65-84
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    • 1999
  • During the past few decades, we have witnessed three approaches to overcome the legal disparities between trading countries: - determining the individual governing law in accordance with the conflict of laws principle; - unifying and harmonizing private international law into uniform rules and substantive laws under the auspices of ICC, UNCITRAL, UNIDROIT and various NGOs ; and - drafting model laws like the UNCITRAL Model Law on Electronic Commerce and promoting member countries to enact them. Against this backdrop, the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the process by which it was adopted, established the benchmark for the unification of commercial law. The CISG, completed in 1980, merged civil and common law concepts and came into force in 1988 after a certain number of countries endorsed the treaty. Besides the CISG, the U.N. Limitations Convention and the UNIDROIT Principles of International Commercial Law, to name a few, have attempted to set cross-border legal norms and standards in the international business transactions. However, since the advent of computer-based commerce, there have emerged all-out efforts to establish uniform rules before national legal systems have been developed. As a consequence, the Model Law on Electronic Commerce has become a specimen legislation covering functional equivalents of paper-based writing and signature. For the credit enhancement exemplified by the Uniform Rules for Demand Guarantees (ICC Publication No.458), the UNCITRAL prepared the U.N. Convention on Independent Guarantees and Stand-by Letters of Credit, which was adopted by the U.N. General Assembly in 1995 but remains still not effective as only two countries have ratified this treaty so far. In this connection, two draft conventions underway at UNIDROIT and UNCITRAL deserve our attention as the probability of unification in the Korean Peninsula is mounting. They are to create security interests for commercial finance in moveable equipment and accounts receivable. The UCC-type security rights are regarded to be useful to enable the North Koreans with limited properties to borrow from the banks.

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A Comment on Presentation Order of Thermodynamic Laws for Undergraduate Mechanical-Engineering Education by Example Problems (예제를 통해 본 학부 기계공학 교육에서 열역학 법칙의 소개 순서에 대한 논평)

  • Park, Kyoung Kuhn
    • Journal of Engineering Education Research
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    • v.21 no.2
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    • pp.3-6
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    • 2018
  • A few thermodynamics texts are commonly found to have unrealistic example problems in which the process violates the second law of thermodynamics. This error would result from presentation order in the text which introduces first the first law for cycles, systems, and control volumes and then the second law later. In the presentation order, the example problems deal only with the first law without telling whether the process violates the second law. To correct this erroneous situation, it could be recommended to present the first law and the second law successively so that both laws could be applied simultaneously to the given example problems.

A Study on Flag of Convenience and the Determination of the Choice of Law (편의치적과 준거법 지정에 관한 연구)

  • Kim, Jin-Kwon;Jeon, Hae-Dong
    • Proceedings of the Korean Society of Marine Engineers Conference
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    • 2006.06a
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    • pp.141-142
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    • 2006
  • In relation to the determination of the appropriate choice of law in most of the maritime law issues, 'the law of the flag' or 'the law of the ship's nationality' is commonly used to apply to several provisions which is imposed in Korean Private International Law. But the theory of the law of the flag or ship's nationality suffers from serious problems in case of flag of convenience which is a flag flown by a vessel registered in one state, with which the vessel has few or no connections, while in reality the vessel is owned in or operated from another state. In this case, the article 8 of Korean Private International Law which stipulates the Exception of Choice of Law Clause can be applied to this matter, and thus it is essential to consider many factors which can be used in determining the applicable law through the most significant relationship or genuine link theory.

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Space-Stretch Tradeoff Optimization for Routing in Internet-Like Graphs

  • Tang, Mingdong;Zhang, Guoqiang;Liu, Jianxun
    • Journal of Communications and Networks
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    • v.14 no.5
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    • pp.546-553
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    • 2012
  • Compact routing intends to achieve good tradeoff between the routing path length and the memory overhead, and is recently considered as a main alternative to overcome the fundamental scaling problems of the Internet routing system. Plenty of studies have been conducted on compact routing, and quite a few universal compact routing schemes have been designed for arbitrary network topologies. However, it is generally believed that specialized compact routing schemes for peculiar network topologies can have better performance than universal ones. Studies on complex networks have uncovered that most real-world networks exhibit power-law degree distributions, i.e., a few nodes have very high degrees while many other nodes have low degrees. High-degree nodes play the crucial role of hubs in communication and inter-networking. Based on this fact, we propose two highest-degree landmark based compact routing schemes, namely HDLR and $HDLR^+$. Theoretical analysis on random power-law graphs shows that the two schemes can achieve better space-stretch trade-offs than previous compact routing schemes. Simulations conducted on random power-law graphs and real-world AS-level Internet graph validate the effectiveness of our schemes.

A Study on the Elder Abuse in Relationships between Mother-in-law and Daughter-in-law (고부관계에서 발생한 노인학대에 관한 연구)

  • 이영숙
    • Journal of the Korean Home Economics Association
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    • v.35 no.2
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    • pp.359-372
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    • 1997
  • The purpose of this study was to identify the extent and the type of elder abuse and to examine the overall influence of abuse on abused. A sample of 117 mothers-in-law who lived together their daughters-in-law was used and 7 mothers-in-law among them were interviewed in depth. The major findings were as follows ; 1) the type of elder abuse between dyad which mother-in-law experienced was psychological abuse, verbal aggression and physical abuse. 2) Pychological abuse was the abuse which all elderly women experienced and verbal aggressin was the abuse which most elderly women experienced, but physical abuse was te special event which a few elderly women experienced. 3) The influence of abuse on abused and the extent of elder abuse varied with the type of their experience.

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A Study for Formation Principles of Dynamic Connection Structure between Stocks in Korean Stock Market (주식간 동적 연결구조의 형성원칙에 관한 연구)

  • Kim, Seung-Hwan;Lee, Un-Cheol;Um, Cheol-Jun
    • The Korean Journal of Financial Management
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    • v.21 no.1
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    • pp.183-204
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    • 2004
  • This paper introduces an observable connection structure between stocks in Korean stock market and investigates the formation principles of the observed connection structure between stocks in economic views. Several recent studies have been attempting to explain that the connection structure between stocks is organized by Power-Law distribution, this implies that most stocks have a few links, but only a few stocks have very large number of links. Therefore, we want to investigate the reason about why the connection structure between stocks exhibited by Mantegna's approach is Power-Law distribution. As a result we found that the number of connection between stocks is determined by market factors and specific firm factors among many other factors. In addition, if a stock is more affected by common factors(market) than specific firm factors, the stock has large number of links with other stocks, otherwise more affected by specific firm factors, the stock has a few links.

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Theoretical Peptide Mass Distribution in the Non-Redundant Protein Database of the NCBI

  • Lim Da-Jeong;Oh Hee-Seok;Kim Hee-Bal
    • Genomics & Informatics
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    • v.4 no.2
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    • pp.65-70
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    • 2006
  • Peptide mass mapping is the matching of experimentally generated peptides masses with the predicted masses of digested proteins contained in a database. To identify proteins by matching their constituent fragment masses to the theoretical peptide masses generated from a protein database, the peptide mass fingerprinting technique is used for the protein identification. Thus, it is important to know the theoretical mass distribution of the database. However, few researches have reported the peptide mass distribution of a database. We analyzed the peptide mass distribution of non-redundant protein sequence database in the NCBI after digestion with 15 different types of enzymes. In order to characterize the peptide mass distribution with different digestion enzymes, a power law distribution (Zipfs law) was applied to the distribution. After constructing simulated digestion of a protein database, rank-frequency plot of peptide fragments was applied to generalize a Zipfs law curve for all enzymes. As a result, our data appear to fit Zipfs law with statistically significant parameter values.

Seafood Distribution-Structure Change and Government Policies of Japan (일본 수산물 유통구조의 변화와 정책 대응)

  • Lou, Xia-Bo;Song, Jung-Hun;Lee, Eun-Hee;Harada, Sachi-Ko
    • The Journal of Fisheries Business Administration
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    • v.39 no.1
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    • pp.1-16
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    • 2008
  • For the last few years, the wholesale market system in Japan has been experiencing a lot of changes in the related sectors. The greatest changes in the environments surrounding the wholesale market were enlargement of the producers' cooperatives, increase of fisheries products marketed in the outside of the wholesale market system, and management aggravation of the related businessmen, These changes resulted in the revision of the wholesale Market Law in 1999 to cope with the social needs successfully. Recently, fisheries wholesale markets in Japan have a few problems like declining of earning power, weakening of management constitution, etc. Consequently, Japanese government presents policy for enforcing the competition power through reform laws related with fisheries wholesale markets. Also the fisheries wholesale markets have been trying variety and active countermeasures like undertaking, merger, coalition, etc. to overcome the crisis.

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Asymptotically stable tracking control of mobile robots (이동로보트의 점근적으로 안정한 추종제어)

  • 김도현;오준호
    • 제어로봇시스템학회:학술대회논문집
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    • 1997.10a
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    • pp.187-190
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    • 1997
  • In the past few years, many researchers are interesting of control of mobile robot with nonholonomic constraints. And tracking problems is important as well as regulation in nonholonomic system control. Some researchers have investigated the stable tracking control law for mobile robot. But, few results showed the globally asymptotically stable control method simply. So, we address the design of globally asymptotically stable tracking control law for mobile robot with nonholonomic velocity constraints using simple method. The stabilizability of the controller is derived by Lyapunov direct method. And we analyze the system responses according to the variation of control parameters in line tracking problem. It is derived that the responses represent no overshoot property in line tracking. Examples are two-wheeled mobile robot and car-like mobile robot and the simulation results represent the effectiveness of our method.

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Target Practising in a Global Commons: The Chinese ASAT Test and Outer Space Law

  • Dunk, Frans G. Von Der
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.1
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    • pp.55-74
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    • 2007
  • When the People's Republic of China destroyed one of its own defunct meteorological satellites, the Fengyun-1C, at an altitude of some 865 km above the earth's surface, the PRC was accused of initiating, or at the very least risking an(other) arms race in outer space also. The test also gave rise to a few legal questions as to the permissibility of this test, and the broader permissibility of using space for military and other weapon-touting activities, Whilst the test cannot be considered to constitute a direct threat to international peace and security so as to invoke relevant legal principles and consequences in terms of the UN Charter for example, it highlights the importance of such clauses in international space law as requiring international cooperation and consultation, due regard for the interests of all other countries both on earth and in outer space, and the further development of general regimes of registration and space debris-prevention. From that perspective, the PRC violated international outer space law not so much by the test itself but by the accompanying lack of information, consultation and due regard for other states', and indeed mankind's, interests.

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