• 무역상무연구
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• 제13권
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• pp.469-492
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• 2000

"International Safety Management(ISM) Code" means the International Management Code for the Safe Operation of Ships and for Pollution Prevention as adopted by the Assembly, as may be amended by the International Maritime Organization. This Code have brought into force internationally since 1th July, 1998 by incorporated to the new Chapter Ⅸ in the SOLAS Convention. Accordingly those States which give effect to the SOLAS Convention will have to ensure that rules giving effect to the Code are introduced into their domestic legislation. The purpose of this Code is to provide an international standard for the safe management and operation of ships and for pollution prevention, by this to reduce the maritime casualty which could caused by neglect of person. To achieve this purpose the ISM Code specifies a number of broad 'safety management objectives' for owning or operation companies, and it requires that such companies should establish, implementing and maintain a written Safety Management System(SMS) covering a whole range of safety environmental and related matters. These requirements of the Code could effect on the carrier in some points such as duty of due diligence to care for cargo, due diligence to make the vessel seaworthy and burden of proof etc. In this respect, We should know that the ISM Code could effect on the carrier advantageously or disadvantageously subject to whether the carrier observed the requirement of the ISM Code. Although it does not add cause of liability or increase limitation of liability imposed to the carrier.

• 통상정보연구
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• 제12권1호
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• pp.35-54
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• 2010

This article explored the bank's responsibilities in electronic payment system between Korea and U.S.A. In order to complete my research object, I used Article 4A of the U.C.C. and EFTA of 1978 and by Electronic Financial Transaction Act of Korea as a analytic instruments. I also adapted America's various regulations to regulate concerned parties(banks). The system of this article is going to display as fellows; First, I presented recent trend and legal stabilities of electronic payment in this article. Second, I focuses on the allocation of risk of loss caused by ambiguous term in payment orders that do not express the subjective intention of the senders. I also did analyze the solution procession of error occurring in course of send of payment order. Third, In any action which involves a customers's liability for an unauthorized electronic fund transfer, the burden of proof is upon the financial institution to show that the electronic fund transfer was authorized. Forth, Customers have to report the error and unauthorized electronic fund transfer after awaring of it. Then bank will be liable for such a unauthorized electronic fund transfer. But If customer's failure to report, the bank has exemptions. Lastly, In order to prevent or detect the unauthorized electronic fund transfer, bank will agree with custom to establish a commercially reasonable security procedure, while bank has duties to notify in order to decrease the loss resulted from unauthorized payment order in korea law.

• 한국건축시공학회지
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• 제10권1호
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• pp.101-109
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• 2010

건설사업계약은 우리나라에는 관련법령에 따라 목적물의 준공이후 시공자가 하자담보책임을 부담하고 있다. 그러나 하자담보책임의 주요 내용인 하자보수, 손해배상과 관련하여 많은 분쟁이 있다. 이러한 분쟁의 결과에도 불구하고 하자와 관련하여 항상 많은 문제점이 발생하고 있어 정부에서는 성능보증계약제도의 도입에 대해 검토하는 등 다양한 대책을 준비 중에 있다. 본 제도가 제대로 적용되기 위해서는 미국의 Warranty제도와 관련하여 다양한 판례동향을 분석할 필요성이 있다. 따라서 본 연구에서는 미국의 Warranty제도를 살펴보고, 목적물 인수효과, 입증책임, 구제조치, 계약해제에 대한 동향을 제시하였다.

• 한국멀티미디어학회논문지
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• 제18권3호
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• pp.376-386
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• 2015

Since affective computing has been introduced in 90s, affect recognition technology has achieved substantial progress recently. However, the application of user emotion recognition into software user interface is in its early stages. In this paper, we describe a new approach for developing mobile user interface which could react differently depending on user emotion states. First, an emotion reaction model is presented which determines user interface reactions for each emotional state. We introduce a pair of mappings from user states to different user interface versions. The reacting versions are implemented by a set of variations for a view. Further, we present an authoring framework to help developers/designers to create emotion-aware reactions based on the proposed emotion reaction model. The authoring framework is necessary to alleviate the burden of creating and handling multi versions for views at the development process. A prototype implementation is presented as an extension of the existing authoring tool DAT4UX. Moreover, a proof-of-concept application featuring an emotion-aware interface is developed using the tool.

• 한국중재학회지:중재연구
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• 제27권2호
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• pp.107-119
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• 2017

In the process of online trading, many unexpected conflicts may occur. The consumer wishes to perform transactions with a seller by trusting the seller's listings, but there are times when even major companies such as Kakao edit their original listings. When the seller edits their listing, it is extremely difficult for the consumer to prove and deal with the problem. If they don't deal with them carefully they may be accused of denigration. This study proposes a consumer protection system to resolve this problem. In case a problem occurs, proof that the original listing was edited can be submitted to a judge in court by using this system, thus preventing these types of problems from happening. If this system is installed, both the seller and consumer know that the terms of contract cannot be falsely changed to the advantage of either side, so the source of the problem can be prevented. This study analyzes the reasons behind the conflicts and presents a systematic way of preventing the problem. This method does not present a financial burden, and provides a way for transactions to be held based on trust for the seller and consumer.

• 융합보안논문지
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• 제18권2호
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• pp.11-17
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• 2018

Lamport 일회용 패스워드(OTP)는 고정된 패스워드 그리고 패스워드의 사전공유라는 단순 패스워드가 지니는 문제점을 해결하기 위해 해시체인에 기반을 두고 있다. 하지만 Lamport 방식은 길이가 유한한 해시체인의 해시값을 OTP로 사용하기 때문에 해시체인을 구성하는 해시값들을 모두 소진한 이후에는 새로운 해시체인의 루트 해시값을 재 등록해야 한다는 단점을 가지고 있다. 이 같은 단점을 해결하기 위해 여러 연구가 진행되었으나 증명자와 검증자에 대한 계산 부담이 증가하는 등 새로운 단점이 노출되었다. 따라서 본 논문에서는 Lamport 방식의 장점을 유지하면서 동시에 단점을 해결하기 위해 기존 Lamport 방식 OTP의 핵심인 하나의 긴 해시체인 대신에 여러 개의 짧은 해시체인을 중첩 구성하는 새로운 방식의 OTP를 제안하고 비교 분석한다.

• East Asian mathematical journal
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• 제24권5호
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• pp.527-545
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• 2008

One of the education purpose of the section "Figures" in the eighth grade is to develop students' deductive reasoning ability, which is basic and essential for living in a democratic society. However, most or middle school students feel much more difficulty or even frustration in the study of formal arguments for geometric situations than any other mathematical fields. It is owing to the big gap between inductive reasoning in elementary school education and deductive reasoning, which is not intuitive, in middle school education. Also, it is very burden for students to describe geometric statements exactly by using various appropriate symbols. Moreover, Usage of the same symbols for angle and angle measurement or segments and segments measurement makes students more confused. Since geometric relations is mainly determined by the measurements of geometric objects, students should be able to interpret the geometric properties to the algebraic properties, and vice verse. In this paper, we first compare and contrast inductive and deductive reasoning approaches to justify geometric facts and relations in school curricula. Convincing arguments are based on experiment and experience, then are developed from inductive reasoning to deductive proofs. We introduce teaching methods to help students's understanding for deductive reasoning in the textbook by using stepwise visualization materials. It is desirable that an effective proof instruction should be able to provide teaching methods and visual materials suitable for students' intellectual level and their own intuition.

• 논리연구
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• 제13권2호
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• pp.61-82
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• 2010

X가 참(거짓)이라는 사실이 알려지지 않았다는 무지전제로부터 X는 거짓(참)이라는 지식결론을 추론하는 논증을 일반적으로 무지로부터의 논증이라고 하는데, 코피 등을 비롯한 많은 논리학자들은 이를 오류 논증의 하나라고 설명하고 있다. 그들의 주장에 따르면, 무지로부터의 논증처럼 보이지만 오류논증이 아니고 설득력 있는 받아들일 만한 논증은 사실은 무지로부터의 논증이 아니고, 조건적 지식전제가 암암리에 포함된 논증이다. 이 논문은 그러한 주장에 반대해서 모든 무지로부터의 논증은 암암리에 조건적 지식전제가 포함된 것으로 해석될 수 있고, 또 모든 무지로부터의 논증이 다 오류는 아니라는 점을 논증한다. 무지로부터의 논증 형식을 지닌 논증 중에서 오류논증과 그렇지 않은 논증의 기준을 제시하고, 특히 실천논증의 경우, 사회적 맥락이 오류논증과 설득력 있는 논증을 가르는 중요한 기준임을 논증한다.

• 의료법학
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• 제8권1호
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• pp.61-105
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• 2007

The Hospitalized Acquired Infection is defined as the case where the hidden infection or not found at the time of hospitalization occurs during the hospitalized period or, within 30 days to those who performed the surgery operation and then left the hospital. About 2/3 of the Hospitalized Acquired Infection are found as having the internal infection cases that are occurred by the patients' own virus due to the lowered immune system, while about 1/3 are found as having the external infection. The latter 1/3 of the external infection cases can be prevented through the infection management. And in case the new Hospitalized Acquired Infection case occur to the patient who was treated in the hospital, its responsibility issue will matter. As well in the disputes over the Hospitalized Acquired Infection cases, the cause-result relation between the damages and the medical staff's fault and as to whether there is failure of the medical staff or not. personnel should be proved in the medical-malpractice cases. In addition, the difficulties in proving such as expertise, secrecy propensity, discrete propensity and incompleteness will be considered to ease the burden of patient side's proving. Probability theory, Fact based assumption theory, Most adequate plaintiff preassumption or Expressed evidence theories are being discussed as the theories of eased burden of proof. In the result of gathering and reviewing Korea's precedent cases concerning the Hospitalized Acquired Infection, there are only a few accumulated prece dent cases and the attitude of the court also are also not consistent. Therefore, there are the precedents where the cause-result relation and the failure are immediately assumed when (1) timely proximity between the medical behavior and malpractice results, (2) proximity between the medical behavior-applied parts and the malpractice results-found parts, and (3) lack of other causes are separately evidenced; while the are the precedents only when 'the existence of the medical faults based on the common sense' is separately evidenced. It was found that the former and latter cases coexisted. The former is considered as based on the theory that separates the fault and cause-result relation not to consider them together, or regarded as based on the doubts that assumes the medical staff's neglect even though the Hospitalized Acquired Infection might be completely prevented by their efforts. However, the modern medical technology has the limitation as far as the prevention of the Hospitalized Acquired Infection. In conclusion, the assumption of the cause-result relation and that of the fault should be separately reviewed. Therefore, the latter precedents are considered as more reasonable, in the point the faulty behavior may be proved based on the common sense.

• 무역상무연구
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• 제40권
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• pp.97-144
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• 2008

The purpose of this paper is to review the text of national legislation relating to the carrier's liability in respect of the carriage of passengers, baggage and cargo by air in major states such as United Kingdom, Germany, France, Canada, Russia and China, and to compare the air carrier's liability under the national legislations of above states with them under the Warsaw System relating to the international carriage by air. Also this paper reviews the text of the draft legislation relating to the carrier's liability in respect of the carriage by air in Korea. The Warsaw Convention for the Unification of Certain Rules Relating to International Carriage was adopted in 1929. In 1999, the ICAO adopted the Montreal Convention for the Unification of Certain Rules for International Carriage by Air vastly modernizing the unification of private air law. The Montreal Convention replaced the instruments of the “Warsaw System”, and came into force on 4 November 2003. The Montreal Convention is not only an international convention. It has also exercised a considerable influence on national legislation. A the Convention, or certain of its principles, with the object of regulating their national air transport. The main feature of the liability regime of the air carrier under the Montreal Convention is the two-tier liability system for death or injury of the passenger with strict liability up to 100,000 SDR and presumptive liability with a reversed burden of proof without any limit above that threshold. The principles of the liability of the air carrier under the Montreal Convention have been adopted into national legislations by the United Kingdom, Germany, France, Canada, Russia and China. Now the Ministry of Justice of Korea is proceeding to make a new national legislation relating to the liability of the air carrier in respect of the carriage by air. The draft legislation of the Part VI the Carriage by Air of the Commercial Code of Korea has adopted the main principles of the liability of the air carrier under the Montreal Convention. In conclusion, the national legislation relating to the liability of the air carrier in Korea will contribute to settle efficiently the dispute on the carrier's liability in respect of the carriage of passengers, baggage and cargo by air.