• Journal of Arbitration Studies
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• v.33 no.2
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• pp.85-108
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• 2023

In international commercial arbitrations that arise from an international commercial contract, arbitral tribunals ruling on the merits of the arbitration apply the law governing the contract. The parties to contract are free to designate the law under the principle of parties autonomy. This paper examines this principle under the Korean Arbitration Act, and makes some legislative suggestions. For this purpose, this paper first discusses what is the scope of matters covered by the law governing the contract, what are the rules of conflict-of-laws for determining the law governing the contract, and what happens when the arbitral tribunal incorrectly applies the law governing the contract? Then, this paper further goes to examine issues such as the form of choice-of-law agreement, the explicit or implicit choice of law, the parties' ability to choose the rules of law including lex mercatoria, the change of choice-of-law agreement, the independence of choice-of-law clause.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.36
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• pp.29-46
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• 2007

The fraud exception rule allows for the issuing bank to dishonor the claim if it the documents and transactions bear fraud though the documents presented are complied with the terms and conditions of the letter of credit. A question arises whether the fraud exception rule can apply to innocent beneficiary when fraud is made by 3rd party. United City Merchants v. Royal Bank of Canada showed a good example how to handle in case of innocent beneficiary. At this case House of Lord found that innocent beneficiary deserves payment applying nullity exception rule. I believe that the nullity exception rule is employed for the benefit of innocent beneficiary as far as the issuer and applicant get no actual damage by the 3rd party's fraudulent action which is shown on documents.

• Iberoamérica
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• v.14 no.1
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• pp.57-80
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• 2012

This year(2012) marks the 30th anniversary of the Malvinas (Falkland) war. A series of talks between the British and Argentina took place over 30 years until 1982, but failed to reach a conclusion on sovereignty. Argentina claims that sovereignty of the islands was transferred to Argentina from Spain upon independence, a principle known as uti possidetis juris. But UK claims that the principle of uti possidetis juris is not accepted as a general principal of international law, and UN General Assembly resolutions calling for negotiations are flawed because they make no reference to the islanders' right to choose their own future. In this situation, a huge amount of petroleum and natural gas has discovered near the Malvinas islands. To explore such situation, this article looks into history and present condition on dispute of Malvinas sovereignty, and also analyses de-colonialism and resource nationalism related to dispute of Malvinas sovereignty.

• Archives of design research
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• v.14 no.2
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• pp.235-244
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• 2001

Hangout is already recognized as a world famous writing system. However, the typefaces that may show the excellence of Hangeul lack the systemic development, and their frequent change without independence rather causes an obstruction to the development of visual culture and informational systematization of the country. In this paper, I presume that the core of this obstruction is caused by a lack of successful inheritance of the creation philosophy and principle of Hangeul. In order to prove this premise definitively, I saw Hangul from the viewpoint of design, and suggested the base and objectivity to solve the problem by systematically define the excellence of Hangeul. In this paper, 1 confirmed that the creation philosophy and principle of Hangeul had the design philosophy that was appropriate for social and cultural background of that time, and went through rational design process. Therefore, as I mentioned earlier, the due for the problem with Hangeul typefaces can be found when it is handled based on the creation philosophy and principle. Furthermore, the creation of Hangeul can be explained as a creation of rational and scientific letter as a method of easier communication between different people and nations. Therefore, the study of the design method and principle used in the process of Hangul creation may provide the new base for the methodology of visual communication design, and it may be a core research subject to find the root of Korean design philosophy.

• Wind and Structures
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• v.30 no.5
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• pp.465-474
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• 2020

Vortex-induced vibrations of a yawed flexible cylinder near a plane boundary are numerically investigated at a Reynolds number Re_n= 500 based on normal component of freestream velocity. Free to oscillate in the in-line and cross-flow directions, the cylinder with an aspect ratio of 25 is pinned-pinned at both ends at a fixed wall-cylinder gap ratio G/D = 0.8, where D is the cylinder diameter. The cylinder yaw angle (α) is varied from 0° to 60° with an increment of 15°. The main focus is given on the influence of α on structural vibrations, flow patterns, hydrodynamic forces, and IP (Independence Principle) validity. The vortex shedding pattern, contingent on α, is parallel at α=0°, negatively-yawed at α ≤ 15° and positively-yawed at α ≥ 30°. In the negatively- and positively-yawed vortex shedding patterns, the inclination direction of the spanwise vortex rows is in the opposite and same directions of α, respectively. Both in-line and cross-flow vibration amplitudes are symmetric to the midspan, regardless of α. The RMS lift coefficient C_L,rms exhibits asymmetry along the span when α ≠ 0°, maximum C_L,rms occurring on the lower and upper halves of the cylinder for negatively- and positively-yawed vortex shedding patterns, respectively. The IP is well followed in predicting the vibration amplitudes and drag forces for α ≤ 45° while invalid in predicting lift forces for α ≥ 30°. The vortex-shedding frequency and the vibration frequency are well predicted for α = 0° - 60° examined.

• The Journal of the Korea Contents Association
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• v.19 no.10
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• pp.248-273
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• 2019

This research was studied in regard to theatre perspective and the directing methods of the 'Theater Duke Georg II.', the ruler of the Duchy of Saxe-Meiningen in modern Germany, in his contemporary context based on the Meininger Principle. He was a theatre-cultural politician, producer and a regisseur, who used theatre as purposive media to arbitrate domestic and international reality and enhance national prestige. Especially as a regisseur, he established directing principles and methods which was performing the original texts representing playwright's perspective targeting to creat theatre as synthesis of the arts at Meningen Company. It was innovative thing itself which was that his directing art was accompanied by new theatrical aesthetics, practical principles, and staged process. He established independence and originality of directing which was breakthrough of modern stage-director's theatre. Furthermore he layed a foundation for the development of the modern and contemporary director's theatre.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.133-160
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• 2009

In International trade the buyer and seller are normally separated from on another not only by distance but also by differences in language and culture. It is rarely possible for the performance of obligations to be simultaneous and the performance of contracts therefore calls for trust in a situation in which the parties are unlikely to feel able to trust each other unless they have a longstanding and successful relationship. Thus the seller under an international contract of sale will not wish to surrender documents of title to goods to the buyer until he has at least an assurance of payment, and no buyer will wish to pay for goods until he has received them. A gap of distrust thus exists which is often bridged by the undertaking of an intermediary known and trusted by both parties who will undertake on his own liability to pay the seller the contract price in return for the documents of title and then pass the documents to the buyer in return for the reimbursement. This is a common explanation of the theory behind the documentary letter of credit in which the undertaking of a bank of international repute serves as a "guarantee" to each party that the other will perform his obligations. The independence principle, also referred to as the "autonomy principle", is at the core of letter of credit or bank guarantee law. This principle provides that the letter of credit or bank guarantee is independent of the underlying contractual commitment - that is, the transaction that the credit is intented to secure - between the applicant and the beneficiary ; the credit is also independent of the relationship between the bank and its customer, the applicant. The most important exception to the independence principle is the doctrine of fraud in the transaction. A strict interpretation of the rule that the guarantee is independent of the underlying transaction would lead to the conclusion that neither fraud nor manifest abuse of rights by the beneficiary would constitute an objection to payment. There is one major problem related to "Independent guarantees", namely abusive or unfair callings. The beneficiary may make an unfair calling under the guarantee. The countermeasure of beneficiary's unfair calling divided three cases. First, advance countermeasure namely by contract. In other words, when the formation of the contract, the parties must insert the Force Majeure Clause, Arbitration Clause to Contract, and clear statement to the condition for demand calling. Second, post countermeasure namely by court. Many countries, including the United States, authorize the courts to grant an order enjoining the issuer from paying or enjoining the beneficiary from receiving payment under the guaranty letter. Third, Export Insurance. For example, the Export Credit Guarantees Department is prepared, subject to certain conditions, to cover the risk of unfair calling. Of course, KEIC in Korea is cover the risk of the all things for guarantees. On international projects, contractor performance is usually guaranteed by either a standby letters of credit or Independent guarantee. These instruments will be care the parties.

• Journal of Korea Trade
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• v.24 no.7
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• pp.73-92
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• 2020

Purpose - The letter of credit has been playing a major role to diminish overall risks which exist among concerned parties even though there are differences such as language, culture, law, and distance. This paper reviews essence of the letter of credit and its transaction principles, as well as overall practical questions based on the L/C transaction principle. It also investigates the risk of fraud occurrences in L/C transactions and the importance of fraud prevention and preventive measures in international L/C transactions, including the Fraud Rule, which is a major topic to consider in business transactions. Design/methodology - It is considered that an importing country's concerned parties and an exporting country's concerned parties face different situations. This study employs the existing framework to identify liability, responsibility, and obligation for all concerned parties across countries. Using a quite direct measurement of principles in the letter of credit, such as principle of independence, principle of abstraction, and principle of strictness and coincidence, we studied these differences. Findings - Our main findings can be summarized as follow. The paper enhances the efficiency of the L/C payment method to provide fraud generated from L/C transactions, presentation of a theoretical framework about fraud and fraud prevention, which international trading companies should acknowledge in a material way based on fraud risk resulting from taking advantage of L/C transaction principles. Originality/value - Existing studies focus on fraud accidents in L/C transactions by taking bad advantage of the characteristics of the letter of credit without suggesting risks of fraud. This paper attempts to evaluate and provide preventive measures as a solution for fraud and risky international business in a letter of credit transaction. This area of trade studies is underexplored, both empirically and theoretically, although the issue has long been important to Korean and world community foreign trade.

• Korean Institute of Interior Design Journal
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• v.16 no.3 s.62
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• pp.76-84
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• 2007

The interior designs and architectures are definitely important to the disabled because it could improve their independence considerably. Although the design is meaningless if for each disabled's symptom is not considering, the research on design to support detail symptom of each disabled is insufficient. This paper studies the bathroom in house for the disabled of hemiplegia after a stroke. The bathrooms is important space that cause many unnecessary activities and accidents without carefulness. Study method makes framework through principle of universal design and feature of hemiplegia after a stroke. We visit three places where the disabled live in and used qualitative analysis. After checking the present condition of the bathroom, a request and necessity of the disabled through observation and semi-structured interview. According to the result of this study, the obstruction factors were increased when the disabled try to use both hands or to reach and pick up objects, to move and to assist the severe disabled in the bathroom. Finally this study suggests design guidelines based on principle of universal design and factors for better bathroom design for the disabled.

• Korean Journal of Logic
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• v.8 no.1
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• pp.47-67
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• 2005

Bayesian networks have been used in studying and simulating causal inferences by using the probability function distributed over the variables consisting of inquiry space. The focus of the debates concerning Bayesian networks is the causal Markov condition that constrains the probabilistic independence between all the variables which are not in the causal relations. Cartwright, a strong critic about the Bayesian network theory, argues that the causal Markov condition cannot hold in indeterministic systems, so it cannot be a valid principle for causal inferences. The purpose of the paper is to explore whether her argument on the causal Markov condition is valid. Mainly, I shall argue that it is possible for upholders of the causal Markov condition to respond properly the criticism of Cartwright through the continuous causal model that permits the infinite sequence of causal events.