• Title/Summary/Keyword: traditional contracts

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Study on the Consolidated Arbitration of Multi-party Dispute (다수당사자분쟁의 해결방안으로서 중재병합에 관한 고찰)

  • Yun, Sung-Min
    • Korea Trade Review
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    • v.43 no.1
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    • pp.25-45
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    • 2018
  • International commercial arbitration is an inseparable part of today's international commerce. International transactions are becoming increasingly complex. Problems brought by multi-party and multi-contract arbitration pose problems for traditional arbitration systems. The Korean Commercial Arbitration Board(KCAB) has released updated International Arbitration Rules(2016 Rules) and has adopted innovations similar to those introduced in the rules of major international arbitration institutions in recent years. The changes in the 2016 Rules are intended to increase the efficiency of the arbitral process, and introduce the process for consolidation of claims. For international commerce contracts, it would be appropriate, and necessary, to adopt a multi-party arbitration clause, as consolidated arbitration provides effective resolutions for multi-party disputes.

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QNFT: A Post-Quantum Non-fungible Tokens for Secure Metaverse Environment

  • Abir El Azzaoui;JaeSoo Kim
    • Journal of Information Processing Systems
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    • v.20 no.2
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    • pp.273-283
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    • 2024
  • The digital domain has witnessed unprecedented growth, reshaping the way we interact, work, and even perceive reality. The internet has evolved into a vast ecosystem of interconnected virtual worlds, giving birth to the concept of the Metaverse. The Metaverse, often envisioned as a collective virtual shared space, is created by the convergence of virtually enhanced physical reality and interactive digital spaces. Within this Metaverse space, the concept of ownership, identity, and authenticity takes on new dimensions, necessitating innovative solutions to safeguard individual rights. The digital transformation through Metaverse has also brought forth challenges, especially in copyright protection. As the lines between the virtual and physical blur, the traditional notions of ownership and rights are being tested. The Metaverse, with its multitude of user-generated content, poses unique challenges. The primary objective of this research is multifaceted. Firstly, there's a pressing need to understand the strategies employed by non-fungible token (NFT) marketplaces within the Metaverse to strengthen security and prevent copyright violations. As these platforms become centers for digital transactions, ensuring the authenticity and security of each trade becomes paramount. Secondly, the study aims to delve deep into the foundational technologies underpinning NFTs, from the workings of blockchain to the mechanics of smart contracts, to understand how they collectively ensure copyright protection. Thus, in this paper, we propose a quantum based NFT solution that can secure Metaverse and copyright contents in an advanced manner.

The Liability of Participants in Commercial Space Ventures and Space Insurance (상업우주사업(商業宇宙事業) 참가기업(參加企業)의 책임(責任)과 우주보험(宇宙保險))

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.5
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    • pp.101-118
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    • 1993
  • Generally there is no law and liability system which applies particulary to commercial space ventures. There are several international treaties and national statutes which deal with space ventures, but their impact on the liability of commercial space ventures has not been significant. Every state law in the United States will impose both tort and contract liability on those responsible for injuries or losses caused by defective products or by services performed negligently. As with the providers of other products and services, those who participate in commercial space ventures have exposure to liability in both tort and contract which is limited to the extent of the resulting damage The manufacturer of a small and cheap component which caused a satellite to fail to reach orbit or to operate nominally has the same exposure to liability as the provider of launch vehicle or the manufacturer of satellite into which the component was incorporaded. Considering the enormity of losses which may result from launch failure or satellite failure, those participated in commercial space ventures will do their best to limit their exposure to liability by contract to the extent permitted by law. In most states of the United States, contracts which limit or disclaim the liability are enforceable with respect to claims for losses or damage to property if they are drafted in compliance with the requirements of the applicable law. In California an attempt to disclaim the liability for one's own negligence will be enforceable only if the contract states explicitly that the parties intend to have the disclaimer apply to negligence claims. Most state laws of the United States will refuse to enforce contracts which attempt to disclaim the liability for gross negligence on public policy grounds. However, the public policy which favoured disclaiming the liability as to gross negligence for providers of launch services was pronounced by the United States Congress in the 1988 Amendments to the 1984 Commercial Space Launch Act. To extend the disclaimer of liability to remote purchasers, the contract of resale should state expressly that the disclaimer applies for the benefit of all contractors and subcontractors who participated in producing the product. This situation may occur when the purchaser of a satellite which has failed to reach orbit has not contracted directly with the provider of launch services. Contracts for launch services usually contain cross-waiver of liability clauses by which each participant in the launch agrees to be responsible for it's own loss and to waive any claims which it may have against other participants. The crosswaiver of liability clause may apply to the participants in the launch who are parties to the launch services agreement, but not apply to their subcontractors. The role of insurance in responding to many risks has been critical in assisting commercial space ventures grow. Today traditional property and liability insurance, such as pre-launch, launch and in-orbit insurance and third party liability insurance, have become mandatory parts of most space projects. The manufacture and pre-launch insurance covers direct physical loss or damage to the satellite, its apogee kick moter and including its related launch equipment from commencement of loading operations at the manufacture's plant until lift off. The launch and early orbit insurance covers the satellite for physical loss or damage from attachment of risk through to commissioning and for some period of initial operation between 180 days and 12 months after launch. The in-orbit insurance covers physical loss of or damage to the satellite occuring during or caused by an event during the policy period. The third party liability insurance covers the satellite owner' s liability exposure at the launch site and liability arising out of the launch and operation in orbit. In conclusion, the liability in commercial space ventures extends to any organization which participates in providing products and services used in the venture. Accordingly, it is essential for any organization participating in commercial space ventures to contractually disclaim its liability to the extent permitted by law. To achieve the effective disclaimers, it is necessary to determine the applicable law and to understand the requirements of the law which will govern the terms of the contract. A great deal of funds have been used in R&D for commercial space ventures to increase reliability, safety and success. However, the historical reliability of launches and success for commercial space ventures have proved to be slightly lower than we would have wished for. Space insurance has played an important role in reducing the high risks present in commercial space ventures.

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P2P Business Process Modeling Based on Service Oriented Architecture (SOA기반 P2P 비즈니스 프로세스 모델링)

  • Lee, Myung-Hee;Yoo, Cheol-Jung;Chang, Ok-Bae
    • Journal of the Institute of Electronics Engineers of Korea CI
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    • v.45 no.2
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    • pp.18-25
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    • 2008
  • The traditional a roaches to software development, such as XP, UP, CBD and other CASE tools, are useful for constructing various software components. However, they are not designed to face the challenges of open environments that focus on service. The Service-Oriented Architecture(SOA) is a component architecture that interconnects an application's different functional units, called services. SOA provides a good way to integrate the business process through well-defined interfaces and contracts between business services. In this paper, we propose a method of business process modeling based on SOA with a P2P approach. Also, A P2P business process modeling system is presented. This, results in admitting the reality of enterprise that changes on the basis of services, and suggests more efficient and visual direction for the process integration between enterprises.

Empirical Approach to Price Modeling in Electricity Market based on Stochastic Process (확률과정론적 기반의 전력시장가격모델링 기법)

  • Kang, Dong-Joo;Kim, Bal-Ho H.
    • Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
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    • v.24 no.4
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    • pp.95-102
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    • 2010
  • As the electric power industry is evolving into competitive market scheme, a new paradigm is required for the operation of market. Traditional dispatch algorithm was built based on the optimization model with an objective function and multiple constraints. Commercial market simulator followed the concept of the microeconomic model used in the dispatch algorithm, which is called as analytic method. On analytic method it is prerequisite to procure the exact data for the simulation. It is not easy anymore for each market participant to access to other participants' financial information while it used to be easy for monopoly decision maker to know all the information needed for the optimal operation. Considering the changing situation, it is required to introduce a new method for estimating the market price. This paper proposes an empirical method based on stochastic processes expected to build a capacity planning and long term contracts.

A Study on the Complex Arbitrations (Multi-Issues, Multi-party, Multi-Contract) (복합중재에 관한 소고)

  • Park, Young Gil
    • Journal of Arbitration Studies
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    • v.9 no.1
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    • pp.139-160
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    • 1999
  • International commercial arbitrations have developed into a simple form in which both parties involved in the dispute by a contract intend to solve the dispute through the legal arbitration system. however nowadays the above traditional form taken by international projects are rarely seen and instead the form of complex arbitration in which many parties are involved has become more and more universal. The complex arbitration means not only many-sided parties concerned but also means a plural number of contract involved in conflicts, a plural number of issues involved in conflicts and a plural number of contracts though their contractors are not in a plural number. However in this report the complex arbitrations will be studied into categories as follows : 1. Pure multi-issue situations, 2. Pure multi-party situations, 3. Pure multi-contract situations. A Pure Multi-Issue arbitration basically includes a plural number of claims between the two parties concerned. A Pure Multi-party case classically presupposes an arbitration clause which involves a plural number of parties concerned. After Party A takes a legal proceeding and then Party B institutes a request to Party C in the above proceeding. In that case the problem arises on whether it is allowed to do so or not. A Pure Multi-Contract case presupposes that when Party A and Party B have independent arbitration clauses based on separate contract relations, respectively, the problem is whether both above-mentioned proceedings can be unified into one or not. As for the above-mentioned complex arbitration, though international treaties are being formed, including the WTO treaties, the NAFTA treaties, the Mercosur treaties and others, legal regulations and customs have not yet been formed domestically. The institutional preparations will be necessitated in consideration of national legal status as well as international treaty relations.

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Regional Economic Effects of University : A Case Study of Chonnam National University focusing on the Knowledge Transfer (대학의 지역 경제적 파급효과: 지식이전을 중심으로 한 전남대학교의 사례 연구)

  • Ahn, Young-Jin
    • Journal of the Korean association of regional geographers
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    • v.23 no.1
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    • pp.227-238
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    • 2017
  • Under the knowledge-based economy, the function of university as an institution to create and diffuse new knowledge and technology is emphasized than ever before. Today, universities around the world find themselves going beyond the traditional roles of research and teaching to drive the development of local economies through collaborations with industry. This study aims to examine the university-industry collaboration and identify the aspects of knowledge transfer and exchange between university and external agencies and intends to explain in particular how the knowledge transfer of the university affects the innovation and competitive advantage of regional businesses. The analysis on the case study of Chonnam National University focusing on the knowledge transfer, in particular examined through the contracted or commissioned researches suggests that only a small portion of the knowledge generated by the university is transferred to Gwangju and Jeonnam region, thus it can be seen that knowledge transfer of Chonnam National University partially affects the development of the regional economy. However, it is analyzed that this knowledge transfer differs somewhat depending on the client's sectors and the contents of research contracts.

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New Trends of Managers' Leadership Style in the Food Service Industry (외식산업 관리자의 리더십에 관한 최근 연구동향)

  • Jean, Kyung-Chul
    • Korean Business Review
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    • v.19 no.1
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    • pp.223-240
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    • 2006
  • The purpose of this study is to review the current state of the transformational leadership and LMX approach to the study of leadership. Leadership research has witnessed a shift from traditional transactional models to a new genre of theories of transformational and charismatic leadership and LMX. Transformational leadership theories offer the promise of extraordinary individual and organizational outcomes. Leaders motivate followers to perform beyond expected levels by activating higher order needs, fostering a climate of trust, and inducing them to transcend their self-interest for the organization's sake. Numerous investigations point of the robustness of the effects of such leadership on individual and organizational outcomes such as job satisfaction, organizational commitment, and performance. LMX theory suggests that leaders do not use the same style in dealing with all subordinates, but rather develop a different type of relationship or exchange with each subordinate. These relationships range from those that are based strictly on employment contracts to those that are characterized by mutual trust, respect, liking, and reciprocal influence. LMX has been positively related to job satisfaction, productivity, and career progress of managers and negatively related to turnover and employee grievances. In conclusions, effective leaders link achievement of organizational goals to follower fulfillment of self-development goals, with the former advancing the latter.

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Analysis of Price Formation Mechanism of Natural Gas in the Global Market and Business Model of ''Cheniere Energy" (Анализ механизмов формирования цен на газ на мировом рынке и бизнес-модели «Сheniere Energy»)

  • Sung, Jinsok
    • Analyses & Alternatives
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    • v.5 no.2
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    • pp.77-105
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    • 2021
  • Natural gas consumption in Asia is growing at fast tempo because of various factors such as economic growth in the region, urbanization, coal-to-gas switch at power and industry sector. Due to geographical characteristics and lack of international pipeline connections between countries in the continent, majority of natural gas exported to Asian consumers is transported by tankers on the sea in the form of liquefied natural gas. As Asian market is the most lucrative market with the fastest demand growth, the competitions between LNG sellers for market share in Asian market are strengthening. The competitions accelerated, especially after the introduction of large volume of incremental supply into the market by new exporters from the U.S., Australia, and Russia. Cheniere Energy, the first exporter of liquefied natural gas (LNG) in the lower 48 states of U.S. has not adopted the traditional price formation mechanism and business model. Traditionally, prices of long-term LNG contracts have been indexed to the price of competing fuels, such as crude oil. The company adopted a pricing mechanism and business model based on a cost-plus system. Cheniere Energy opted for the safer and the risk-free pricing system, that annually guarantees a fixed amount of revenue to the seller. The company earns the same amount of money, regardless of natural gas price dynamics in the domestic and international market, but possibly with less revenue. However, by introducing and successfully implementing the safer and risk- free business model, Cheniere Energy, a company of a relatively smaller size in comparison with major oil and gas companies, became an example to other smaller-sized companies in the U.S. The company's business model demonstrated how to enter and operate LNG business amid increasing competitions among sellers in the U.S. and international market.

The History of the History of Religions and Intellectual History : Concerning with the Work of Hans G. Kippenberg (서구 종교학의 역사에 대한 지성사적 재조명: 키펜베르크의 논의를 중심으로)

  • Jo, Hyeon-Beom
    • Journal of the Daesoon Academy of Sciences
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    • v.17
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    • pp.113-134
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    • 2004
  • According to Hans Kippenberg, the foundation of an academic study of religions coincided with the beginnings of modernization. Since the second half of the nineteenth century most European countries were involved in a process of rapid social change. The repercussions that this had for daily life were momentous. Instead of working for their traditional needs, people now had to produce goods for a market. Old customs ceded to private contracts and political laws. The superior knowledge of science replaced the inherited worldview. This deep changed severed societies from their ties to the past. Many educated people in Europe believed in an imminent end of all religions. Had not the scientific progress superseded the religious worldview? Historians had to come to terms with that expectation when they directed their attention to historical religions. Friedrich Max Muller introduced a new science, so-called Religionswissenschaft through the study of the ancient Vedic sources. He thought that genuine religion was a taste for, and sense of, the infinite. From his point of view, the Indian sources confirm that nature is more than mechanical laws. Thus his interpretation sought to contradict the materialist ideology of his day. Edward Burnett Tylor described religions as a kind of natural philosophy. His notion of 'soul' functioned to explain natural events. This legacy of the past cannot be missed even in modern society. Only the concept of the soul may preserve human dignity in an age of materialism. Gerardus van der Leeuw, also tried to perform the same function of the cultural critique for the renewal of the religious imagination in modern, rationalized Europe imprisoned in the iron-cage. In this respect, we could think that the interpretations of the history of the History of Religions in the light of the intellectual history are very suggestive for the korean student of religion. It helps them to describe the early history of the study of religion in Korea. For example, Yi Neung Wha(李能和) is regarded as 'a father of korean religious studies, but no one could present a proper answer for the question of why and through which connection of his intellectual milieu he was interested in the religious history and the study of religion. We would discover its signification in his confrontation of the prevailing social thought, such as social evolutionism.

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