• Asia-Pacific Journal of Business
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• v.11 no.3
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• pp.273-290
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• 2020

Purpose - The purpose of this paper is to examine the buyer's right to avoid the contract under SGA and CISG. Design/methodology/approach - This paper has conducted literature reviews to analyze the right to avoid the contract of the buyer based on the comparative study. Findings - Under s. 11(3) of SGA, the breach of a condition and an intermediate which deprives the buyer substantially of the whole benefit of the contract may give rise to a right to treat the contract as repudiated. But under Art. 49 of CISG, the buyer has the right to terminate the contract where the seller's failure to performance amounts to a fundamental breach of contract. Regarding the breach of an intermediate and the breach under CISG, the buyer should take into account where the seller's breach is fundamental or not. Moreover, an anticipatory breach can give rise to a right to avoid the contract. The anticipatory breach of a condition justifies termination. The breach of an intermediate and the breach under CISG require an anticipatory fundamental breach of the contract. Under SGA, the buyer has to prove an anticipatory breach in fact but CISG does not require virtual certainty, which SGA has stricter criteria to assess an anticipatory breach. Research implications or Originality - Comparative study helps to understand the nature of provisions under SGA and CISG and suggests practical advice to choose applicable laws. SGA gives more certainty to classify a contractual term. In case of the breach of a condition including the anticipatory breach under SGA, the buyer does not have to ask how much serious the breach is. But CISG requires the fundamental breach of the contract, which means that the buyer has the more burden of proof compared with SGA.

• Asia-Pacific Journal of Business
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• v.11 no.4
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• pp.149-165
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• 2020

Purpose - This study investigates how employee personality traits affect psychological contract breach. Also, our study examines how Guanxi, a unique socio-cultural characteristic of China, moderates the relationship between personality traits and psychological contract breach. Design/methodology/approach - To test our ideas, we constructed a survey questionnaire based on the literatures on personality traits, Guanxi, and psychological breach. The questionnaires were distributed to Chinese employees, and then we conducted a regression analysis using 378 questionnaires. Findings - We found that neuroticism is positively related to perceived psychological contract breach. We also identified support for the prediction that the positive link between neuroticism and psychological contract breach becomes weaker when employees' awareness of Guanxi is high. Research implications or Originality - This study provides several theoretical and practical implications. First, this study elaborates the personality traits-psychological contract breach relationship by incorporating Guanxi, a critical contingency factor of China. Second, given that the relationship between neuroticism and psychological contract breach can be affected by employees' perceptions of Guanxi, managers should administer Guanxi to function as a lubricant within the organization.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.17 no.5
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• pp.557-565
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• 2016

The risk of collapse in hydraulic structures has become more elevated, due to the increased probability and scale of flooding caused by global warming and the resulting abnormal climatic conditions. When a levee, a typical hydraulic structure, breaks, an enormous breach flow pours into the floodplain and much flood damage then occurs. It is important to accurately calculate the breach discharge in order to predict this damage. In this study, the variation of the breach discharge with the asymmetry in the cross-section of the levee breach was analyzed. Through hydraulic experiments, the cross-section of the breach was analyzed during the collapse using the BASD (Bilateral ASymmetry Degree), which was developed to measure the degree of asymmetry. The relationship of the breach discharge was identified using the BASD. Additionally, the variation of the breach flow measured by the BASD was investigated through a 3-D numerical analysis under the same flow conditions as those in the experiment. It was found that the assumption of a rectangular breach cross-section, which is generally used for the estimation of the inundation area, can cause the breach discharge to be overestimated. According to the BASD, the breach flow is decreased by the interference effect in the breach section of the levee. If the breach flow is calculated while considering the BASD in the numerical analysis of the flooding, it is expected that the predicted inundation area can be estimated accurately.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.47-73
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• 2015

This study primarily concerns the fundamental breach of contract by a seller and a buyer's two remedies that are entitled to under the CISG. Regarding the breach of contract, the CISG simply provides a list of each party's obligations and regulates that both parties should fulfill the obligations under the contract as well as the Convention. When the CISG specifies the remedies for both parties, it requires to divide the fundamental breach of contract from breach of contract. By doing so, it provides different remedies to both parties depending on whether it is the fundamental breach of contract or not. From the point of buyer's view, the buyer has two remedies when there is the fundamental breach of contract by the seller; they are the right to declare the avoidance of contract and to require the delivery of substitute goods. The fundamental breach of contract is a pre-requisite condition to be fulfilled in order to exercise these two remedies. Although the CISG provides the definition of fundamental breach of contract, its meaning is not clear enough, so it is interpreted and applied case by case. Therefore, this paper will analyze recent cases focusing on the most debated issues regarding the interpretation of fundamental breach of contract; first, who determines the substantial deprivation and when is the time for determination, second, when is the time for unpredictability of substantial deprivation, and last, who has a burden of proof.

• Journal of Information Technology Services
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• v.15 no.1
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• pp.81-96
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• 2016

This study analyzes how breach fee under long-term contract and/or cap regulation on the breach fee can affect the impacts of "Mobile Device Distribution Improvement Act" on handset bundle price, average revenue per unit (ARPU), and social welfare. We conduct comparative analysis with an economic model of duopoly competition in price when users are under long-term contract and the breach fee can be regulated. The results show that the Act lowers the equilibrium prices, lower than incumbent price without the Act. Price of non-dominant Mobile Network Operator (MNO) can be lower than poaching price without the Act if significant portion of switching cost is breach fee or the market is significantly asymmetric. Under the significant circumstances, the Act can raise ARPU even though it improves social welfare. By contrast, the Act increases consumer surplus without affecting social welfare if breach fee is the only source of user's switching cost and is capped by the regulation, and more symmetric market and the stronger cap leads to higher consumer surplus.

• Journal of the Korean Society of Safety
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• v.30 no.3
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• pp.85-92
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• 2015

This study examined the effects of employers' breach of safety obligation and violation of psychological contract on the workers' safety behaviors and turnover intention. Especially, this study examined a mediating effect of violation of psychological contract on the relationship between employer's breach of safety obligation and workers' safety behavior and turnover. 198 workers were asked to respond to the questionnaires that measured various demographic variables, employers' breach of safety obligation, violation of psychological contract, safety behavior, turnover intention. A hierarchical regression was conducted to identify variables that had significant relationships between employers' breach of safety obligation and employees' safety behavior and turnover intention, and to examine the mediating effect of violation of psychological contract. Results indicated that the employers' breach of safety obligation significantly predicted both workers' safety behaviors and turnover intention. It was also found that the violation of psychological contract was a significant predictor for both workers' safety behavior and turnover intention. In addition, violation of psychological contract was found as mediating effect on the relationship between employers' breach of safety obligation and workers' safety behavior and turnover intention. Based on these results, the implications of this study and suggestions for future research were discussed.

• Proceedings of the Korea Water Resources Association Conference
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• 2010.05a
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• pp.669-673
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• 2010

현재 EAP(Emergency Action Plan) 수립 시 가장 많이 사용되는 DAMBRK 모형은 붕괴유출수문곡선 유도 시 댐 재료 특성을 고려하지 않지만, BREACH 모형은 댐 축조재료 특성과 유사이송능력을 고려하여 붕괴유출수문곡선을 산정하기 때문에 물리적으로 BREACH 모형이 흙댐의 붕괴특성을 실제와 더욱 유사하게 추적할 수 있을 것으로 판단된다. 본 연구에서는 두 모형을 안동댐(흙댐)에 적용하여 첨두유출량, 첨두유출 발생시간, 붕괴 시작, 붕괴 완료 시간 등의 댐 붕괴시 유출특성을 비교하였다. 적용 결과 BREACH 모형은 붕괴가 매우 서서히 진행되다가 일정수위에 도달하게 되면 급격하게 붕괴유출량의 증가폭이 커지는 데 비하여 DAMBRK 모형은 붕괴 시작과 동시에 붕괴유출량이 급격하게 증가하는 경향을 보였다. 또한 최대총유출량은 BREACH 모형이 DAMBRK 모형에 비해 약 5% 작게 산정되었지만, 34시간까지의 유출 총량은 DAMBRK 모형에 비하여 BREACH 모형이 약 16% 크게 나타났다. 두 모형의 붕괴유출수문곡선 비교를 통하여 댐 제체의 재료특성이 유출특성에 미치는 영향을 파악할 수 있었지만, 더 정확한 영향성을 파악하기 위하여 지속적인 비교연구가 필요할 것으로 판단된다.

• The Journal of Society for e-Business Studies
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• v.21 no.2
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• pp.81-96
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• 2016

This paper analyzes the impact of information breach on shareholder value by measuring the stock price reaction associated with the announcements of data breach. The breach firms in the sample lost, on average, 1.3% of their market value, amounting to 98.9 million won of loss within two-day of the event period after the announcement. We examine the abnormal returns in various categories (i.e., source, type, size, etc.) of information breach. Although the market does not react significantly to the announcements of outside breach, we find statistically significant market reactions to inside breach. We estimate abnormal returns over the following 60 days. The mean 60-day cumulative abnormal return and BHAR (buy-and-hold abnormal returns) are both significantly far from zero. We conclude that there is a coherent market reaction following the announcement. The difference between the market reactions to IT firms and Non-IT firms is statistically significant. But breach amount, firm size, and the year the breach occurred do not show to be significant variables.

• Water Engineering Research
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• v.3 no.4
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• pp.215-234
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• 2002

Uncertainty in dam breach flood routing results was analyzed in order to provide the basis fer the investigation of their effects on the flood damage assessments and dam safety risk assessments. The Monte Carlo simulation based on Latin Hypercube Sampling technique was used to generate random values for two uncertain input parameters (i.e., dam breach parameters and Manning's n roughness coefficients) of a dam breach flood routing analysis model. The flood routing results without considering the uncertainty in two input parameters were compared with those with considering the uncertainty. This paper showed that dam breach flood routing results heavily depend on the two uncertain input parameters. This study indicated that the flood damage assessments in the downstream areas can be critical if uncertainty in dam breach flood routing results are considered in a reasonable manner.

• Journal of Environmental Science International
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• v.16 no.4
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• pp.487-493
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• 2007

In this study is analysis which dams breach shapes are effect on peak discharge of dam-failure. The dam breach shapes and failure time are important peak discharge when dam failure. When dam failure times are 1hr, 2hr and 3hr condition for the ECRD and 0.1hr and 0.2hr for the CG and CFRD that breach shapes changed base length $B_b=1Hd,\;B_b=2Hd\;and\;B_b=3Hd$. As the results from DAMBRK(Dam Break model) peak discharge are increase base widths lengthen. As failure time is longer then peak discharge is decrease. So peak discharge is increase more short of dam failure time. Also peak discharge is increase become larger dam breach shapes.