• Title/Summary/Keyword: 불이행

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Internationale Mobiliarsicherungsrechte an Luftfahrzeugausr$\ddot{u}$stung in EU (EU에 있어서 항공장비에 대한 국제동산담보권에 관한 소고)

  • So, Jae-Seon;Kim, Dae-Kyung
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.2
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    • pp.29-65
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    • 2012
  • Der neue strukturelle Ansatz der Kommbination eines Rahmen$\ddot{u}$bereinkommens und eines ausr$\ddot{u}$stungsspezifischen Sonderprotokolls bedingt einen neuen organisatorischen Anstz f$\ddot{u}$r die Zusammenarbeit zwischen internationalen Organisationen bei der Schaffung von internationalem Einheitsprivatrecht. So haben hier zwei internationale Organisationen gemeinsam die Verantwortung f$\ddot{u}$r einmultilaterales $\ddot{U}$bereinkommen $\ddot{u}$bernommen: auf der einen Seite UNIDROIT als die internationale Organisation, die generell f$\ddot{u}$r die Vereinheitlichung des Privatrechts kompetent ist; auf der anderen Seite ICAO als die f$\ddot{u}$r die private Luftfahrt zust$\ddot{a}$ndige internationale Organisation. Dieses neue, f$\ddot{u}$r die Luftfahrzeugausr$\ddot{u}$stung praktizierte organisatorische Modell eines joint venture zweier internationaler Organisation bei der Einheitsrechtsetzung, namlich die Betreuung eines allgemeinen privatrechtsvereinheitlichenden Rahmens$\ddot{u}$bereinkommens durch UNIDROIT und die Wahrnehmung der sektorspezifischen Belange in einem ausr$\ddot{u}$stungsspesifischen Sonderprotokoll durch die jeweils zust$\ddot{a}$ndige internationale Spezialorganisation, hat bereits f$\ddot{u}$r die Sektoren der Eisenbahn- und Weltraumausrustung Schule gemacht. Das in Kapstadt beschlossene v$\ddot{o}$lkervertragliche Regelungswerk hat erstmals ein einheitsrechtliches - grunds$\ddot{a}$atzlich weltweite Geltung anstrebendes - Sicherungsrecht geschafen. Dies kann f$\ddot{u}$r die Sachenrechtsintergration einen $\ddot{a}$hnlichen Durchbruch bedeuten, wis das Wiener UN-kaufrechts$\ddot{u}$bereinkommen von 1980 f$\ddot{u}$r das Schuldvertragsrecht. Voraussetzung daf$\ddot{u}$r ist allerdings die juristische Qualit$\ddot{a}$t und Praxisgerechtigkeit des Regelungswerkes und - insbesondere - das Funktionieren des Registersystems. Von wesentlicher Bedeutung f$\ddot{u}$r den Erfolg des $\ddot{U}$bereinkkommens wird auchsein, ob es Rechtssicherheit zu gew$\ddot{a}$hrleisten vermag.

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Microtubule-damaging Chemotherapeutic Agent-mediated Mitotic Arrest and Apoptosis Induction in Tumor Cells (미세소관-손상 항암제 처리에 의한 세포주기의 정지 및 에폽토시스 유도)

  • Jun, Do Youn;Kim, Young Ho
    • Journal of Life Science
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    • v.26 no.3
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    • pp.376-386
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    • 2016
  • Apoptosis induction has been proposed as an efficient mechanism by which malignant tumor cells can be removed following chemotherapy. The intrinsic mitochondria-dependent apoptotic pathway is frequently implicated in chemotherapy-induced tumor cell apoptosis. Since DNA-damaging agent (DDA)-induced apoptosis is mainly regulated by the tumor suppressor protein p53, and since more than half of clinical cancers possess inactive p53 mutants, microtubule-damaging agents (MDAs), of which apoptotic effect is mainly exerted via p53-independent routes, can be promising choice for cancer chemotherapy. Recently, we found that the apoptotic signaling pathway induced by MDAs (nocodazole, 17α-estradiol, or 2-methoxyestradiol) commonly proceeded through mitotic spindle defect-mediated prometaphase arrest, prolonged Cdk1 activation, and subsequent phosphorylation of Bcl-2, Mcl-1, and Bim in human acute leukemia Jurkat T cells. These microtubule damage-mediated alterations could render the cellular context susceptible to the onset of mitochondria-dependent apoptosis by triggering Bak activation, Δψm loss, and resultant caspase cascade activation. In contrast, when the MDA-induced Bak activation was inhibited by overexpression of anti-apoptotic Bcl-2 family proteins (Bcl-2 or Bcl-xL), the cells in prometaphase arrest failed to induce apoptosis, and instead underwent mitotic slippage and endoreduplication cycle, leading to formation of populations with 8N and 16N DNA content. These data indicate that cellular apoptogenic mechanism is critical for preventing polyploid formation following MDA treatment. Since the formation of polyploid cells, which are genetically unstable, may cause acquisition of therapy resistance and disease relapse, there is a growing interest in developing new combination chemotherapies to prevent polyploidization in tumors after MDA treatment.

Fund Flow and Market Risk (펀드플로우와 시장위험)

  • Chung, Hyo-Youn;Park, Jong-Won
    • The Korean Journal of Financial Management
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    • v.27 no.2
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    • pp.169-204
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    • 2010
  • This paper examines the dynamic relationship between fund flow and market risk at the aggregate level and explores whether sudden sharp changes in fund flow (fund run) can cause a systemic risk in the Korean financial markets. We use daily and weekly data and regression and VAR analysis. Main results of the paper are as follows: First, in the stock market, a concurrent and a lagged unexpected fund flows have a positive relationship with market volatility. A positive shock in fund flow predicts an increase in stock market volatility. In the bond market, an unexpected fund flow has a negative relationship with the default risk premium, but a positive relationship with the term premium. And an unexpected fund flow of the money market fund has a negative relationship with the liquidy risk, but the explanatory power is very low. Second, for examining whether changes in fund flow induce a systemic risk, we construct a spillover index based on the forecast error variance decomposition of VAR model. A spillover index represents that how much the shock in fund flow can explain the change of market risk in a market. In general, explanatory powers from spillover indexes are so fluctuant and low. In the stock market, the impact of shocks in fund flow on market risk is relatively high and persistent during the period from the end of 2007 to 2008, which is the subprime-mortgage crisis period. In bond market, since the end of 2008, the impact of shocks in fund flow spreads to default risk continually, while in the money market, such a systematic effect doesn't take place. The persistent patterns of spillover effect appearing around a certain period in the stock market and the bond market suggest that the shock to the unexpected fund flow may increase the market risk and can be a cause of systemic risk in the financial markets. However, summarizing the results of regression and VAR model analysis, and considering the very low explanatory power of spillover index analysis, we can conclude that changes in fund flow have a very limited power in explaining changes in market risk and it is not very likely to induce the systemic risk by a fund run in the Korean financial markets.

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The Comparative Study on Travel Behavior and Traffic Accident Characteristics on a Community Road - With Focus on Seoul Metropolitan City (생활도로에서의 교통행태와 교통사고특성에 관한 연구 - 서울특별시를 중심으로)

  • Lim, Joonbeom;Lee, Sooil;Choi, Jongchul;Joo, Sungkab
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.36 no.1
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    • pp.97-104
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    • 2016
  • In Korea, the number of crash accident victims per 100,000 population is three times higher than the average of OECD. In particular, 60% of it occurs on the community road. Thus, this study intends to analyze the causes of such accidents through a pedestrian and vehicle traffic survey. The purpose is to establish practical safety enhancement measures for community roads. In recent years, lots of changes have occurred in the pedestrian environment. A traffic survey shows that 65% of pedestrians walk on the right and 17% of people use smart-phones while walking. An eye camera experiment shows that the operation load of drivers on the community roads is more than 4 times higher than those in urban roads. According to a speed survey, 62% of vehicles drive at 30km/h or above. The characteristics of accidents on community roads are as follows. First, the ratio of accidents on the edge of the road is 2.3 times as high as those on other roads. Second, when people walk on the right, the ratio of accidents is 2.5 times as high as that of walking on the left. Third, it becomes more dangerous when people cross the road from the right to the left. The majority of accidents is caused by unsafe driving (84.4%). When a vehicle makes a left turn, the likelihood of accidents is 2.3 times as high as those caused by a right turn. The ratio of accidents caused by vehicles going backwards is 14% among all accidents. In community roads, the focus of drivers should be at least 4 times higher than those on urban roads. Thus, walking in the opposite direction of vehicles and careless behaviors are highly likely lead to accidents.

The Effect of Accounts Receivable Management on Business Performance & Organizational Satisfaction: Focused on Micro Manufacturing Industries (매출채권관리가 재무적 경영성과와 조직만족에 미치는 영향: 도시형소공인을 중심으로)

  • Lee, Jong Gab;Ha, Kyu Soo
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.12 no.6
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    • pp.13-24
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    • 2017
  • The purpose of this study is to examine the effect of the management of receivables on the management performance of micro manufacturing industries. The results of the survey are as follows. First, among the factors of management of pre- and post-trade receivables in the micro manufacturing industries, management organization and regulations, contract execution management, bad debt control, which are the subordinate factors of credit control, are positive (+) significant effect on stability. In terms of profitability, management organizations and regulations, which are subordinate factors of credit control management, have a positive (+) significant effect on profitability. The recovery management, which is a factor of management of post - receivable receivables, did not have a significant effect on the stability and profitability of financial management performance. Second, the effect of financial performance on organizational satisfaction is positively related to stability, while profitability has no significant effect on organizational satisfaction. The implication of this study is that pre - trade receivables management is more important than post - trade receivables management in the management of accounts receivables of micro manufacturing industries. Proactive credit management refers to the procedure of establishing and managing personal guarantees and physical guarantees in order to smooth the execution of the obligations at the same time as the contract is concluded through processes such as credit investigation, analysis and evaluation, and sales decision before the contract is concluded. Post receivables management based on the assumption of default is a receivables management procedure from receipt of receivables that are already defaulted to bad debts to bad debt processing. If the collection of receivables is delayed or bad debt is increased, Furthermore, a corporation may be subject to bankruptcy risk (insolvency by paper profits). Therefore, it is meaningful that this study suggests direction to induce change of contract type in advance by understanding the possibility of settlement of accounts receivable and recovery of bad debts within the day of transition in case of contract of micro manufacturing industries.

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A Study on the Legislation of Corporate Social Responsibility and its Application - The Indian Companies Act 2013 - (기업의 사회적 책임 입법과 적용에 대한 고찰 -인도 회사법 개정과 적용 경험을 중심으로-)

  • Kim, Bong-chul;Park, Jong-ho
    • Journal of Legislation Research
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    • no.53
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    • pp.455-489
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    • 2017
  • The new system on the Corporate Social Responsibility(CSR) in the Indian Companies Act became overnight sensation to the worldwide. However there has been very few studies which are analyzing a purpose of it under the context of Indian societies. This paper examines the circumstance whether the CSR activities is functioning well or not. And verifying problems regarding it and suggesting supportive measures are a target of this paper. Though Indian government already established CSR legislation, they did not stipulate the penalty clause. And that became why corporations were poorly perform on CSR activities in first year of enforcement. Furthermore, There is a proclivity that corporations lack an understanding for which activities could be recognized into the CSR. And they excused that they had no time for themselves to adjust an abruptly changing business landscape. With all, unlike rosy expectations, corporations only showed little interests to the area where the investment or attentions from the media are expected. Fortunately, incumbent legislative is fully aware of it and exploit their best resources to various social fields. Despite the doubts that they originally did not have any intention to introduce the penalty clause, they are handling problems in ways that corporations can be invited in public programs. They also need to request the service sectors to take a leading role of it, which could provide the financial, or telecommunication service to the people in rural province. Thus, the fact that there was a substantial rise in terms of the amount of CSR expenses in 2015 provides a supporting evidence to the endeavors of the government. In doing so, we could finally achieve a better understanding of two-fold goals shown in this paper; maturing settlement of this legislation and development of Indian society.

A case study of blockchain-based public performance video platform establishment: Focusing on Gyeonggi Art On, a new media art broadcasting station in Gyeonggi-do (블록체인 기반 공연영상 공공 플랫폼 구축 사례 연구: 경기도 뉴미디어 예술방송국 경기아트온을 중심으로)

  • Lee, Seung Hyun
    • Journal of Service Research and Studies
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    • v.13 no.1
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    • pp.108-126
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    • 2023
  • This study explored the sustainability of a blockchain-based cultural art performance video platform through the construction of Gyeonggi Art On, a new media art broadcasting station in Gyeonggi-do. In addition, the technical limitations of video content transaction using block chain, legal and institutional issues, and the protection of personal information and intellectual property rights were reviewed. As for the research method, participatory observation methods such as in-depth interviews with developers and operators and participation in meetings were conducted. The researcher participated in and observed the entire development process, including designing and developing blockchain nodes, smart contracts, APIs, UI/UX, and testing interworking between blockchain and content distribution services. Research Question 1: The results of the study on 'Which technology model is suitable for a blockchain-based performance video content distribution public platform?' are as follows. 1) The blockchain type suitable for the public platform for distribution of art performance video contents based on the blockchain is the private type that can be intervened only when the blockchain manager directly invites it. 2) In public platforms such as Gyeonggi ArtOn, among the copyright management model, which is an art based on NFT issuance, and the BC token and cloud-based content distribution model, the model that provides content to external demand organizations through API and uses K-token for fee settlement is suitable. 3) For public platform initial services such as Gyeonggi ArtOn, a closed blockchain that provides services only to users who have been granted the right to use content is suitable. Research question 2: What legal and institutional problems should be reviewed when operating a blockchain-based performance video distribution public platform? The results of the study are as follows. 1) Blockchain-based smart contracts have a party eligibility problem due to the nature of blockchain technology in which the identities of transaction parties may not be revealed. 2) When a security incident occurs in the block chain, it is difficult to recover the loss because it is unclear how to compensate or remedy the user's loss. 3) The concept of default cannot be applied to smart contracts, and even if the obligations under the smart contract have already been fulfilled, the possibility of incomplete performance must be reviewed.