• Proceeding of Spring/Autumn Annual Conference of KHA
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• 2006.11a
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• pp.223-226
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• 2006

Fields of domestic construction supervision are divided into architecture, electricity, information and communication and fire by the individual laws. Between each supervision are lack of relationship. So it bring about performance degradation, supervision fee increasing and dispute. The purpose of this basic research is to suggest the integration method of each supervision.

• Journal of Applied Reliability
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• v.12 no.4
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• pp.265-274
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• 2012

We in this paper discuss the strong law of large numbers for weighted sums of arrays of rowwise LNQD random variables by using a new exponential inequality of LNQD r.v.'s under suitable conditions and we obtain one of corollary.

• Journal of applied mathematics & informatics
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• v.39 no.1_2
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• pp.145-153
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• 2021

When {Xni|1 ≤ i ≤ n, n ≥ 1} be an array of rowwise negatively superadditive dependent(NSD) for semi-Gaussian random variables and {ani|1 ≤ i ≤ n, n ≥ 1} is an array of constants, we study the almost sure convergence of weighted sums ∑ni=1 aniXni under some appropriate conditions and we obtain some corollaries.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.33-66
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• 2009

Common law makes a distinction between partial breach and material breach. Attempted definitions of material breach are notoriously unsatisfactory, and the concept of partial breach does not necessarily bear an inverse relationship to substantial performance. This study will review the basic structure of common law contract remedies together with how these remedies are reflected in UCC Article 2 for sale of goods contracts. The matter is complicated because availability of remedy depends on the seriousness of the breach, and the right to cure, and (for sale of goods) these in turn depend on whether the contract is an installment contract or a single performance contract. Common law jurisdictions relegate specific performance of contracts to a last place in the hierarchy of contract remedies. Common law lawyers should recognize that this is the result of historical accident and not the product of some kind of superior intellectual effort. Not only is the attitude of civil law systems toward specific performance quite different, but for international sales contracts in developing nations, a remedy system based on the notion that substitute contracts are readily available(and therefore damage remedies are appropriate) is unrealistic. English common law courts were largely restricted to remedies in the form of monetary damages. For that reason the primary contract remedy at common law has never been specific performance. Rather, common law courts have struggled to develop an appropriate measure of monetary damages for breach of contract. Today, specific performance is viewed as an equitable remedy rather than common law. In the United States the dual court system has been abolished by a merger of law and equity courts into a single court structure. However some historical distinction linger on. The most important is that jury trials are generally not available in actions that seek equitable relief. If a plaintiff seeks in personam relief, such as specific performance of a contract, the action will be viewed as equitable and there will be no entitlement to a jury. Further, equitable relief will be granted only in those situations where the plaintiff pleads and proves that the remedy at law is inadequate. The purpose of this study aims to analyze the remedy system of breach of contract of U.K. and U.S. in the international commercial transactions with criterion of commercial rationality.

• Journal of Arbitration Studies
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• v.27 no.1
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• pp.3-35
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• 2017

For recent years, several disputes between Korean consumers and multinational companies have arisen. Since the disputes were big and material that children's safety was at issue, a question started if Korean law properly has protected consumers' rights against multinational companies. While the Korean legal society tried to legislate punitive compensation with this concern, the U.S. Supreme Court reached an interesting case law regarding consumer contracts. A recent trend on consumer contracts in the United States shows that general terms have arbitration clause with class action waiver. As much as international arbitration has worked as the most effective resolution in international commercial disputes, the concept is still foreign and the experts are not approachable to lay individual consumers. However, class action in arbitration can hugely help for lay individual consumers to bring a case before arbitration tribunal. California courts consistently showed the analysis that the practical impact of prohibiting class action in arbitration clause is to ban lay individual consumers from fighting for their rights. However, the Supreme Court held that the arbitration clause shall be enforced as parties agree even if consumers practically cannot fight for their rights in the end. Even though consumer contracts are a typical example of lack of parity and of adhesive contract, the Supreme Court still applies liberalism that parties are equal in power and free to agree. This case law has a crucial implication since Korean consumers buy goods and services from the U.S. and other countries in everyday life. Accordingly, they are deemed to agree on the dispute resolution clauses, which might violate their constitutional right to bring their cases before the adjudication tribunal. This issue could be more important than adopting punitive compensation because consumers' rights are not necessarily governed by Korean law but by the governing law of the general terms and conditions chosen and written by the multinational companies. Thus this paper studies and analyzes the practical reality of international arbitration and influence of arbitration clause with class action waiver with the U.S. Supreme Court and California case laws.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.13 no.6
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• pp.2812-2825
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• 2012

The purpose of this study was to analyze the spacial composition feature of Law School Library and define the feature in spacial planning of law school library. Through the analysis of characteristics in spacial composition, the basic spacial type of law school library will be proposed as a new law school library design. The spatial composition characteristics of Law school Library are as followings. (1) Entry spatial feature for the user accessibility (2) Reference room spatial planning for carrel user (3) Connectivity of educational & research space and reference room space. As the result of design proposal and analyzing the spacial feature, firstly entry common space of library should be planned with reference room space. Secondly, reading room should be linked to the entry level for the user. Lastly, core space should be planned as the vertical connectivity space for the intimately linkage of educational & research space and reference room. And separated accessibility should be considered for direct connection from outdoor space.

• Journal of Korean Library and Information Science Society
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• v.48 no.2
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• pp.23-51
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• 2017

This study aims to analyze and compare the components of school library laws of Korea and Japan. The laws of two nations were legislated by the members of the National Assembly, and NGO contributed significantly to the legislative process. The common parts of the two laws are objectives, definitions, responsibilities of nations, establishments, tasks, human resources, collaborative networks, and education, etc. For the task of school libraries, Korean law emphasizes the function of education, while the Japan law focuses on the basic duties of school libraries. In terms of human resources, school libraries in Korea can have a teacher librarian, a practice teacher, or a librarian, but in Japan, they can have either a teacher librarian or a school librarian. The Korea law specifies the aspects of facilities and materials, but the Japan law does not. Finally, for the educational role, the Korean libraries have reading and information literacy training that are parts of school curriculum, while the Japan libraries have only a library use guidance program and does not include reading education.

• Journal of Arbitration Studies
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• v.9 no.1
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• pp.161-182
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• 1999

The purpose of this paper is to examine the applicability of the UNIDROIT Principle in international commercial arbitration. For this purpose, I have studies the basic two characters of this Principles: One is of general rule(principle); Another is of international and commercial character. According to CISG, questions concerning matters governed by the CISG which are not expressly settled in it are to be settled in conformity with the general principles, so this Principles will cover many questions which are not expressly settled in the applicable law, by gap-filing, analogy or usage. In the preamble of this Principles, there are five cases in which the Principles shall be applied or may be applied. If the disputes are submitted to the any national court, the application of this Principles would be restricted because of the mandatory rules of national, international or supranational origin. But the disputes are submitted to arbitration, the arbitrator would have more discretional powers to apply the Principles than the judge. The reason is that in the arbitration, the arbitrators do not bear obligation to act in conformity with the law applicable by virtue of the rules of rules of private international law. I also examined the applicability of the Principles in cases which there are no mentions in preamble: When the international arbitrators choose the Principles; When the arbitrators decide ex aequo et bono; When the both parties have not chosen the governing law; When there are gaps in domestic law chosen by the parties; When the applicable domestic law is insufficient. In all these cases, the Principles may be applied more easily and conveniently in arbitration than in litigation. Thus to envisage the application of this Principle in international arbitration, first both parties in international commercial contracts should incorporate this Principle as a governing law in their contracts, and second, the arbitrators should try to apply this Principles in their arbitrations by choice, analogy, general principles or usage.

• Journal of Korean Library and Information Science Society
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• v.44 no.1
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• pp.123-142
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• 2013

The evaluation of the law schools, which had been launched for the purpose of training the lawyers to settle the legal disputes professionally and effectively, had been done on paper and on site from September through October 2012. Based on not only the basic materials for the evaluation such as evaluation standard, manual, and questionnaire but also the problems revealed during the evaluation, this study intended to show the problems of the evaluation clauses of the law school library which is the basis for the professionalism and diversity of law education and suggest the remedies for them. This study shows that the evaluation clauses need to be made considering the scale of each law school rather than suggesting the same quantitative standard in every law school and to be more specific rather than abstract. Especially, to manage the law school library efficiently from now on, it is necessary to plan and practice the idea of developing such as the specialization and to prepare the idea of operating the law school library through the law school members. Additionally, it is desirable that the chapter of the library exists separately and the library facilities are evaluated together with the other school facilities. Lastly, it is necessary to suggest the appropriate model as the norm to each school according to the school scale.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.19
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• pp.33-66
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• 2003

This is a comparative and analytical study which comprises of the analysis of the rules of the buyer's remedies where the seller delivers defective goods of four legal systems; Directive, CISG, English law and Korean law. In light of threefold main purposes of this study, it firstly attempts to describe and analyze the remedy provisions of Directive in a comparative way in order to provide legal advice to the sellers who plans to enter into English consumer markets. It shows that the two tier remedial system under Directive is not much different from the other jurisdictions, except where the right of rescission under Directive is absolute in a sense that it does not require a certain degree of seriousness of defect. Secondly, the study compares the rules of one jurisdiction with those of other jurisdictions and evaluates the rules in light of the discipline of comparative law the basic question of which is whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. It proves the followings; (1) the reluctance and uncertainty in English law of ordering specific performance based on the discretionary power does not reflect the parties' preference because the order is either uncertain or rather negative where the purchase of substitute goods elsewhere is not a satisfactory solution in many cases; (2) the position in Korean law which has no limitation on the right to require substitute goods is likely unfair in commercial sales, but justified in consumer sales; (3) the right of termination or reduction under Directive which is subject to the applicability of the right to require repair or substitute goods seems to be contrary to the consumer's preference where the defective delivery destroys the basis of trust in the quality of the seller's performance; (4) the absolute right of termination under Directive and English law seems crucial in consumer sales because they are often inferior to commercial sellers in terms of information and bargaining power; (5) the right of reduction as a self-help remedy which is absent in English law emphasizes its usefulness. Thirdly, it finds that, where CISG is deemed to fail to unify different rules on the right to require specific performance between Civil and Common law, it is attempted once again in Directive and notwithstanding their hostility to awarding the right to require specific performance in English law, Regulations 2002 expressively stipulates such right.