• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.39-64
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• 1999

Under the CISG, there is a unequitable factor in comparing buyer's remedy with seller's remedy. In my opinion, CISG is more unequitable remedy clause than UCC or UNIDROIT principle of International Commercial Contract(1994) between seller and buyer. First, buyer who accepted defect goods must give seller notice the facts that seller delivered defect goods in two years after accepting defect goods. The cap of two year is unreasonable in a position of aggrieved buyer. This is being provided as 'within reasonable time' in UCC and there is no such provision in UNIDROIT Principle. Second, Buyer can avoid contract when seller breached fundamentally contract or seller didn't set a additional performance period about breaching of contract. Accordingly if buyer would not set a additional performance period, although seller's breachment of contract, he could not avoid the contract. Therefore, From a viewpoint of aggrieved buyer avoidable right of contract is restrainted. Third, to compare seller's remedy with buyer's, seller have more opportunity to cure breachment of contract than buyer. Under the CISG buyer is relatively placed at disadvantage in remedy of aggrieved party. In connection with remedy of aggrieved party, 'UNIDROIT principle of international commercial contracts' instead seller and buyer of aggrieved party, so there is not unequitable factor in remedy of aggrieved parties.

• Explosives and Blasting
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• v.32 no.1
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• pp.1-9
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• 2014

TNT was blasted on the surface of steel plates and concrete block to study the effect of separation distance between object and charge. The equation of US Army Corps of Engineers turned out to be rather conservative. Effect of separation distance is larger for steel plate than concrete block. Steel plate cannot be cut by standard or more charge in the case of 2 cm separation while the concrete block can be crushed with the same distance.

• Geomechanics and Engineering
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• v.18 no.5
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• pp.493-502
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• 2019

Internal stability is an important safety issue for levees, embankments, and other earthen structures. Since a large part of the world's population lives near oceans, lakes and rivers, floods resulting from breaching of dams can lead to devastating disasters with tremendous loss of life and property, especially in densely populated areas. There are some main factors that affect the internal stability of dams, levees and other earthen structures, such as the erodibility of the soil, the water velocity inside the soil mass and the geometry of the earthen structure, etc. Thus, the mechanism of internal erosion and stability of soils is very complicated and it is vital to investigate the assessment methods of internal stability of soils in embankment dams and their foundations. This paper presents an improved support vector machine (SVM) model to predict the internal stability of soils. The grid search algorithm (GSA) is employed to find the optimal parameters of SVM firstly, and then the cross - validation (CV) method is employed to estimate the classification accuracy of the GSA-SVM model. Two examples of internal stability of soils are presented to validate the predictive capability of the proposed GSA-SVM model. In addition to verify the effectiveness of the proposed GSA-SVM model, the predictions from the proposed GSA-SVM model were compared with those from the traditional back propagation neural network (BPNN) model. The results showed that the proposed GSA-SVM model is a feasible and efficient tool for assessing the internal stability of soils with high accuracy.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.71
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• pp.1-36
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• 2016

Unlike continental European legal systems (civil law systems), specific performance in common law refers to an equitable remedy requiring exactly the performance that was specified in a contract. It usually granted only when money damages would be an inadequate remedy and the subject matter of the contract is unique. Thus, under common law specific performance was not a remedy, with the rights of a litigant being limited to the collection of damages. Consistent with the practice in civil law jurisdictions, United Nations Convention on Contracts for the International Sale of Goods (CISG) makes specific performance the normal remedy for breach of a contract for the sale of goods. Therefore, the buyer may require a breaching seller to deliver substitute goods or to make any reasonable repair. Likewise, the sellermay require the buyer to taker delivery of goods and pay for them. Despite this, Article 28 of the CISG restricts the availability of specific performance where it would be unavailable under the domestic law of the jurisdiction in which the court is located. Thus, the CISG's more liberal policy toward specific performance is restricted by common law. There are some legal issues in CISG's specific performance availability by Article 28. This paper analyzes these issues as interpreting Article 28 of CISG, by examining various theories of application to actions for specific performance and comparing CLOUT cases involving CISG Article 28.

• Proceedings of the Korea Contents Association Conference
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• 2006.05a
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• pp.337-341
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• 2006

Spam email is an electronic mail sent to a large number of netizen who do not want it. Criminals have been to take an advantage of this tool easily through harmful activities such as phishing. Recently the spam mail containing commercial information is broadly accepted as an illegal commitment to endangering the network. According some report, it could cause real damages. For the better policy on controlling spam mail we need new Efficient Countermeasure. Several laws have been enacted in Korea for controlling spam mail. The most important acts is the Using and Protecting Communication Act. Main targets of this law is virus spreading, computer hacking, cyber pornography, intellectual property breaching, private or public information abusing and cyber terrorism. But the Using and Protecting Communication Act is insufficient to control spam mail. For the better policy on controlling spam mail we need new Efficient Countermeasure. Therefore, this research wishes to present way to control for efficient spam mail through enactment of conversion, induction of clash action system degree, special law of national regulation form for spam mail.

• Korean Journal of Veterinary Service
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• v.29 no.2
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• pp.129-154
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• 2006

Last year, over 800 Australian live cattle were imported, underwent quarantine procedure for one month in the port of Incheon and Busan and distributed to general farm house holds in Gyeongju city, Gyeongbuk province, and Gimhae city, Namhae county, Gyeongnam province. But Hanwoo association took violent actions to prevent from entering the country for fear that the imported live cattle would destroy the 'Hanwoo industry', and in turn leads to the collapse of the industry. In Australia, national animal protection body 'Animals Australia' investigated the level of cruelty involved in this trade and made a report 'The death file'. Australia governments drive to expand Its market for 'live animal exports' and it has resulted in a corresponding increase In casualties associated with the long-haul overseas trade in live livestock animals over the past years. After the stress of transportation, all the surviving cattle and sheep face death on foreign soil, many into countries which have no animal welfare laws or, at best, inadequate laws. They will usually be killed without pre-stunning and often even without adequate restraint facilities. The result is inherent and persistent suffering. West Australian(WA) Police acting on behalf of the West Australian Government and the Office of the WA State Solicitor have laid animal cruelty charges against a leading WA live export company for breaching the WA Animal Welfare Act. With the aim of eventually substituting it for the live sheep trade, the Senate Select Committee on Animal Welfare (SCCAW) recommended that the Federal Government 'promote and encourage the expansion of the refrigerated sheep meat trade to the Middle East and other countries'. Animal welfare standards have been improved time after time, there is another incident, another public outcry, another inquiry and more assurances.

• Journal of Arbitration Studies
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• v.25 no.4
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• pp.77-95
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• 2015

CISG provides a uniform framework for contracts of sale of goods between parties whose places of business are in different States. In 2004 South Korea became the 63th State around world to adopt CISG. Starting next year CISG goes into effect as the law that governs the contracts for international sale of goods, in respect of which CISG displaces the existing domestic civil and commercial codes of Korea. By its provision Article 1(a), CISG applies directly between Contracting States without reference to private international law. As South Korea's biggest trade partners including China, the U.S. and Japan are also parties to CISG, the number of such direct applications continuously increases. Now it is estimated, though roughly, that CISG governs about two-thirds of Korea's import and export trade of goods. The private survey of the author shows that up to now in South Korea there are 39 court cases decided by the first instance courts, 29 cases by the appellate court and six cases by the Supreme Court of South Korea. In nearly all these cases, CISG applied directly. Furthermore, currently CISG is, in several respects, influencing upon the revision of Korean civil code which is designed to modernize it: The revised draft published in 2013 adopts the rules on the revocation of offers provided in articles 15 and 16, the rule on the termination of offers provided in article 17 and the rule on the time that an acceptance takes its effect provided in article 18 of CISG. More importantly, in accordance with the rules taken by CISG, the revision draft no longer requires the existence of fault or negligence on behalf of the breaching party in order for the aggrieved party to void the contract, and the revised draft denies the right of avoidance for trivial, not fundamental, breaches of contract.

• Journal of Korea Water Resources Association
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• v.34 no.2
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• pp.155-167
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• 2001

The effects of bank crest width, slope steepness, soil properties, and soil compactness on the characteristics of levee breach due to overlfow were investigated through a series of experiments. Generally, the major factors influencing the breach phenomenon are compactness, soil properties. crest width, and slope steepness, in that order. Using proper soil, and ensuring enough compactness in bank construction are very essential for extending breach duration and reducing peak overflow ranges for the values of breach duration, breach width, width-to-depth ratio, and side slope of the breach section, proposed by Singh, MacDonald and Fread based on the field data for earth dam breaks were reasonable. We found that those criteria could also be applied to the phenomenon of levee breaching.

• Anatomy and Cell Biology
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• v.55 no.3
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• pp.294-303
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• 2022

Frontal sinus has unique anatomical features that are distinct to every population. However, the distribution of frontal sinus patterns has yet to be explored in the Malaysian population. This study aimed to describe the distribution of frontal sinus patterns among adult Malaysians. 409 adult Malaysian posteroanterior skull radiographs, consisting of 200 males and 209 females of Malay, Chinese, and Indian races aged between 20-69 years old, were included in the study. The frontal sinus patterns were classified according to total and percentage of presence or absence of frontal sinus, symmetry or asymmetrical (right or left dominant), unilateral absence (right or left), bilateral absence, and lobulation. The findings showed that bilateral presence of frontal sinus is common, in 95.4% of individuals and bilateral absence was noted in 2.7% individuals. Unilateral absence was found in 2.0% of individuals. Asymmetrical frontal sinus was observed in 54.5% of population meanwhile 40.8% showed symmetrical frontal sinus. The majority of individuals, regardless of sex, race, and age, possessed 1 to 3 lobes on both sides of the frontal sinus. The findings suggest that the frontal sinus is highly asymmetric, and the absence of the frontal sinus is rare. This morphological variation provides an insight into the landmarking placement for measurement during forensic application and assists neurosurgeons in surgical procedure to avoid breaching of the frontal sinus.

• Journal of Veterinary Clinics
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• v.27 no.2
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• pp.186-189
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• 2010

A 14-year-old neutered female Chihuahua was presented because of seizure episodes and circling to the left side. Based on neurological examination, the lesion was localized on left forebrain. The mass in the left nasal cavity and breaching of the nasal septum were seen magnetic resonance images. And there was a presence of contrast enhanced mass involving the rostral left brain. Based on diagnostic image analysis, this lesion strongly suggested secondary brain tumor infiltrated by nasal cavity. The patient's symptoms were well controlled by a combination therapy of prednisolone and lomustine (CCNU), and survived for two months after diagnosis. This case was definitively diagnosed as a nasal neuroendocrine carcinoma based on histopathological findings. This report describes the clinical findings, imaging characteristics, and pathologic features of secondary brain tumor which caused by infiltration of nasal neuroendocrine carcinoma in a dog.