• 제목/요약/키워드: the rule of following

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선택적 중재합의의 유효성에 대한 판례분석 - 대법원 판례를 중심으로 - (Analysis of Judgements on the validity of selective/unilateral Arbitration Agreement - In case of the Supreme Court's Judgements -)

  • 정영환
    • 한국중재학회지:중재연구
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    • 제19권3호
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    • pp.3-24
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    • 2009
  • This article discusses the validity of selective/unilateral arbitration agreement that provides arbitration as one of several dispute resolution methods. The Supreme Court has held selective/unilateral arbitration agreement that is conditional invalidity since the judgement of 2003Da318 decided on Aug. 22, 2003: In the following judgements of 2004Da42166 decided on Nov. 11, 2004 and 2005Da12452 decided on May 27, 2005, the Court stated that the selective/unilateral arbitration agreement that stipulates to resolve a dispute through arbitration or mediation would be valid as an effective arbitration agreement only if a party elects and proceeds an arbitration proceeding and another party responses to the arbitration proceeding without any objection. The definition of arbitration agreement, the formation of selective/unilateral arbitration agreement, the summary of relative judgements and academic theories will be reviewed in order to examine the appropriateness of the series of judgements of the Supreme Court. Based on such reviews, this article will investigate the adequacy of the Supreme Court judgements from the perspectives of i) the principle of party autonomy, ii) the structure of dispute resolution methods, iii) legal provisions of Arbitration Act, iv) legal stability, and v) the policy to revitalize the use of arbitration. At conclusion, this article will suggest the change of precedents of the Supreme Court's judgements with regard to the selective arbitral agreement.

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남편의 성장기 폭력경험, 심리적 특성 및 부부간 상호작용이 아내폭력에 미치는 영향 - 폭력의 연속성 가정을 중심으로 - (A Study on the Influence of Husbands' Experience of Violence suffered in their Growing Ages, their Psychological Characteristics, and Interactions of the Couple on the Husband-to-Wife Violence - Focused on the Continuum of Violence Assumption -)

  • 김예정;김득성
    • 가정과삶의질연구
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    • 제21권6호
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    • pp.53-67
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    • 2003
  • The aim of this research is to verify the assumption that the husband-to-wife violence lies upon a continuum of severity and to study how the premarital violence experience of husbands, along with their psychological characteristics and various marital interactions, can be the cause of husbands' violence against their wives. At the same time, the research aims at constructing a causal model of the husband-to-wife violence. For the purpose, this research surveyed 242 husbands residing in Pusan and another 50 husbands as violent assaulters in major cities of Korea. The following is a summary of the results of this research. First, the research can verify the two assumptions that “the group which has once inflicted a severe form of violence can easily inflict minor violences” and that “the factors related to violence play a far greater role in severe violences than in weaker violences.” As a result, it may be concluded that the study of a regular household violence can be based on the continuum of violence assumption. Secondly, In the husbands' experience of violence, dating violence and their experienced childhood abuse from their parents, in their psychological characteristics, temper control ability and their patriarchal sex role attitude, and finally in marital interactions, marital conflicts and distractor of communication played great role in their influence on the husband-to-wife violence. Thirdly, as the various factors which contribute to the violence against the wife have cause-and-effect rule, we shall be able to make a model which can be conceptualized.

The Identification of Human Unsafe Acts in Maritime Accidents with Grey Relational Analysis

  • Liu, Zhengjiang;Wu, Zhaolin
    • 한국항해항만학회:학술대회논문집
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    • 한국항해항만학회 2004년도 Asia Navigation Conference
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    • pp.139-145
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    • 2004
  • It is well known that human errors is involved in most of maritime accidents. For the purpose of reducing the influence of human elements on maritime activities, it is necessary to identify the human unsafe acts in those activities. The commonly used methods in identification of human unsafe acts are maritime accident statistics or case analysis. With the statistics data, people could roughly identify what kinds of unsafe acts or human errors have played active role in the accident, however, they often neglected some active unsafe acts while overestimated some mini-unsafe acts because of the inherent shortcoming of the methods. There should be some more accurate approaches for human error identification in maritime accidents. In this paper, the application of technique called grey relational analysis (GRA) into the identification of human unsafe acts is presented. GRA is used to examine the extent of connections between two digits by applying the, methodology of departing and scattering measurement to actual distance measurement. Based on the statistics data of maritime accidents occurred in Chinese waters in last 10years, the relationship between the happening times of maritime accidents and that of unsafe acts are established with GRA. In accordance with the value of grey relational grade, the identified main human unsafe acts involved in maritime accidents are ranked in following orders: improper lookout, improper use of radar and equivalent equipment, error of judgment, act not in time, improper communication, improper shiphandling, use of unsafe speed, violating the rule and ignorance of good seamanship. The result shows that GRA is an effective and practical technique in improving the accuracy of human unsafe acts identification.

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ISP98의 특성과 UCP600과의 비교연구 (The characteristics of the ISP 98 and the comparison of the ISP 98 and the UCP 600)

  • 박세운
    • 무역상무연구
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    • 제41권
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    • pp.51-78
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    • 2009
  • The ISP 98 is developed by the American Institute of International Banking Law & Practice in 1998. The ISP98 are also published as ICC Publication No. 590. A detailed commentary on the rules("The Official Commentary on the International Standby Practice") has been written by Professor James E. Byrnes. Presently there is no compelling reason to revise the rules themselves even if ten years is passed since the issuance of ISP98. Insteadthe American Institute of International Banking Law & Practice will provide Model Forms in the early 2009. Special features of the ISP 98 are as the following. Firstly, the ISP 98 is copyrighted by the Institute of International Banking Law and Practice, Inc., and published by the International Chamber of Commerce. Secondly, the ISP 98 differs from UCP in style and approach because it must receive acceptance not only from bankers and merchants, but also from a broader range of those actively involved in standby law and practice corporate treasurees and credit manager, rating agencies, government agencies and regulators, and indenture trustees as well as their counsel. Because standbys are often intended to be available in the event of disputes or applicant insovency, their texts are subject to a degree of scrutiny not encountered in the commercial letter of credit context. Thirdly, the ISP 98 supplement the UCP if the UCP dose not have the relative rule. Lastly, the ISP 98 has the official commentary. In addition, several provision of the ISP 98 would surprise the commercial parties and/or are rather peculiar, while some of them display a certain bias in favor of the banks.

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성인(成人) 남자(男子)의 슈트 착용(着用) 실태(實態) 조사(調査) - 도시근로자(都市勤勞者)를 중심(中心)으로 - (A Research on the Suit Wearing Conditions for Men - Based on Urban Workers -)

  • 최혜옥;손희순
    • 패션비즈니스
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    • 제4권1호
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    • pp.13-24
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    • 2000
  • The purpose of this research is to offer basic data for study of men's suits by investigating the wearing conditions of men's suits. For data collection, a questionnaire was composed of a number of times and the reason of the suit wearing, and a number of suits they posses etc. The subjects of this research were male who aged 20-59 and resided in Seoul and the capital region. The results of the research are summarized as the following : 1. The mean age of suit wearing for the first time is 22.7 years old. The younger began to wear the suits earlier than the older. 2. A number of times of suit wearing for a week is more than 5 days mostly. Being educated higher, the ratio of suit wearing is getting higher. And In the case of job, office men, sales men and men whose job of specialization are wearing suits many a time more than a graduate student and a technician. Most of tne men especially 30's$\sim$40's is wearing the suit as a working garment. 3. Most of men is wearing jacket, dress-shirt and necktie in spring and fall, dress-shirt and necktie in summer, and jacket, vest, dress-shirt and necktie in winter. 4. As a general rule, men have about 2 suits for spring/fall and winter, and about 1 suit for summer. Also male has more than 6 ready-made suits and about 1 custom suit. The last, men almost do not use the suspender with suits.

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임의분포 사하중에 정적변위를 갖는 변단면 보의 자유진동 (Free Vibrations of Arbitrary Tapered Beams with Static Deflections due to Arbitrary Distributed Dead Loads)

  • 이병구;이용
    • 한국농공학회지
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    • 제38권3호
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    • pp.50-57
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    • 1996
  • A numerical method is presented to obtain the natural frequencies and mode shapes of the arbitrary tapered beams with static deflection due to arbitrary distributed dead loads. The differential equation governing free vibration of such beams is derived and solved numerically. The double integration method using the trapezoidal rule is used to solve the static behaviour of beams loaded arbitrary distributed dead load. Also, the Improved Euler method and the determinant search method are used to integrate the differential equation subjected to the boundary conditions and to determine the natural frequencies of the beams, respectively. In the numerical examples, the various geometries of the beams are considered : (1) linearly tapered beams as the arbitrary variable cross-section, (2) the triangular, sinusoidal and uniform loads as the arbitrary distributed dead loads and (3) the hinged-hinged, clamped-clamped and hinged-clamped ends as the end constraints. All numerical results are shown as the non-dimensional forms of the system parameters. The lowest three natural frequencies versus load parameter, slenderness ratio and section ratio are reported in figures. And for the comparison purpose, the typical mode shapes with and without the effects of static deflection are presented in the figure. According to the numerical results obtained in this analysis, the following conclusions may be drawn : (1) the natural frequencies increase when the effects of static deflections are included, (2) the effects are larger at the lower modes than the higher ones and (3) it should be betteF to include the effect of static deflection for calculating the frequencies when the beams are supported by both hinged ends or one hinged end.

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BAUHAUS 공방의 형성과 조형활동의 특성에 관한 연구 (The Formation of Workshop and characteristic of BAUHAUS)

  • 하상오
    • 디자인학연구
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    • 제20권
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    • pp.99-109
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    • 1997
  • 바우하우스운동은 하나의 디자인 관이 전제되어 일관성 있게 진행되었다 기보다는 소위 근대와 반 근대의 끊임없는 갈등 속에서도 구성원들의 일관된 삶의 방식을 통하여 추구된 조형작업의 부산물이라 할 수 있다. 따라서 현대디자인의 근원을 형성하는데 기여했던 바우하우스 교육의 모든 기구는 학생이 모든 내적, 외적 곤란을 극복하는 시점에서의 실제문제와 관계 있는 교유 가치를 실현하는데 있었으며 교육과 생산이 하나의 시스템 속에서 가장 효율적으로 운영될 수 있는 최소단위로서의 작업공방이 필연적으로 생겨나게 된 것이다. 바우하우스 공방작업의 가장 본질적인 점은 시간이 지나면서 모든 제품이 균질성을 나타낸다고 하는 사실이며 이것은 각양각색의 인격과 개성의 협력을 바탕으로 삼아 의식적으로 발달한 공동체 정신의 결과로서 나타난 것이었다. 또한 이 균질성은 외견상에 나타난 양식 적인 세세한 면에 있는 것이 아니라 사물을 간결하고 충실하게, 한편으로는 본질적인 법칙에 응해서 만들어 낸 노력에 기초하고 있다. 따라서 바우하우스 제품의 원형은 유행적인 것이 아니라 예술, 기술, 경제에 따른 형태 부여라는 점에서 수많은 사고와 심사숙고를 거친 공방 작업과정의 결정체라고 볼 수 있다.

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러프집합이론을 이용한 한스타일 욕실공간의 구성규칙 추출에 관한 연구 (Extraction of Design Rule from Han-Style Bathroom Design Using Rough Set Theory)

  • 박진아;김수암
    • 한국주거학회논문집
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    • 제24권6호
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    • pp.199-208
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    • 2013
  • Developing a modern Han-style design and providing support for the commercialization development model in recent years has been propelled by the Han-style Support Strategies of the central government in conjunction with Han-style revitalization related projects that reflect the efforts of local governments. Han-style revitalization, the rekindling and revaluing of human behavior and interest in local governments following the social and cultural changes of the past decades, has emerged as an increasingly traditional area of concern in Han-style design. The purpose of the study was to provide a method which clarifies the design rules of the Han-style bathroom based on an evaluation of sensibilities and a rough set theory, and to give the components meaning and to systematize the method. Essentially, the Han-style bathroom design evaluation is a complex multi-criteria decision making process that seeks to improve the effectiveness and objectively of the Han-style bathroom design. Han-style bathroom design can be displayed in a graphical representation in response to input from the evaluation concerning sensibilities. Because the graphical representation is composed of 3D data, it is possible to display the Han-style bathroom design form in any desired perspective and also to perform shading and other operations. With the proposed method, it is possible to obtain a combination of several contributory components which can be referred to as Reducts, Covering Index and Column Score. Han-Style/Non Han-Style Bathroom Designs were identified by the combination of several components.

음성장애에 대한 음향학적 중등도 지표 (The Acoustic Severity Index in the Pathologic Voice)

  • 홍기환;김현기;양윤수
    • 음성과학
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    • 제10권4호
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    • pp.201-219
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    • 2003
  • Background: The perceptual assessment is generally performed by the voice specialist. The objective evaluation is performed in a voice laboratory. Research in voice laboratories has generated a variety of different objective tests and parameters. The perceptual evaluation is one of the most controversial topics in voice research. Review of literature reveals a wide variety of rating scales and reliability data fluctuating from study to study. Unfortunately, there is no widely accepted valid method for classifying voice disorders and assessing outcome after voice treatment. Objectives: The goals of this research were to identify important objective acoustic parameters of vocal quality, and to establish an objective and quantitative correlate of the perceived vocal quality. Materials and Methods : We evaluated the voice analyzed data from 122 dysphonic patients and 20 normal volunteers. A computerized speech lab. 4300B(CSL) was used to carry out the analysis of each voice sample. Results: Three dysphonia severity indices(DSI) were created using discriminant analysis. DSI is based on the weighted combination of the following selected set of acoustic parameters: absolute jitter(Jita in us), smoothed pitch period perturbation (sPPQ in %), amplitude perturbation quotient(APQ in %), soft phonation index(SPI), average fundamental frequency(Fo in Hz), lowest fundamental frequency(Flo in Hz), and smoothed amplitude perturbation quotient(sAPQ in %). The DSI, being the discriminating rule calculated by the logistic regression, consists of three equation based on statistically significant acoustic parameters. Three DSI were created to reflects best the degree of hoarseness as expressed by G from the GRBAS scale. The more positive this DSI is for a patient, the worse the vocal quality. The more it is negative, the better it is. The effect of sex is included implicitly in the DSI-1 and DSI-2, so that a separate DSI-1 and DSI-2 for males and females need not be used. The DSI is objective because no perceptual input is required for its calculation. Conculsion : This research demonstrates that the voice function values calculated from three different multivariate objective dysphonia severity indices are significantly associated with subjective voice assessments. These multivariate objective dysphonia severity indices may be appropriate for use in clinical trials and outcomes research on treatment effectiveness for voice disorders.

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FAA와 EASA의 MRO 조직인증제도에 대한 비교연구 (A Comparative Study Between the Approved Maintenance Organizations for MROs of FAA and EASA)

  • 김종복;이진;허희영
    • 한국항공운항학회지
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    • 제25권3호
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    • pp.123-134
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    • 2017
  • In order to advance into the MRO industry, the Aviation maintenance organization with suitable for the standards for personnel, facilities and operations should be first approved by FAA and EASA. The purpose of study is designed to arrange the standards required for personnel, facility, operation rule for approval of Repair Station maintenance organizations certified by FAA PART 145 of the US Federal Aviation Regulation. Also to consider the following differences through the comparative analysis with domestic AMO certification of the information in the Management, Maintenance Process, and Quality System for approval of maintenance organization authorized, the additional EASA PART 145. As a comparative analysis on maintenance organization certification in the country between FAA and EASA, this study could show us that domestic maintenance organization, certified manual contents are used by applying just many of the FAA system. And we could know that as part of the EASA maintenance organization certification process, airmen personnel were relatively systematically segmented and controlled. For domestic maintenance organization certification, operational as policy implications we would like to present policy implications such as the implication of rating system of Aviation Mechanic License like EASA, the financial support of the training center to resolve the shortage of the FAA or EASA license holders, operational organization as "CAMO" for systematic aviation mechanic certified system should be required, continued construction of hangar or MRO for airworthiness repair under Governmental support, and varied application of DER system from FAA accordingly.