• 제목/요약/키워드: Case Law

검색결과 1,962건 처리시간 0.035초

초기 초신성 잔해의 비열적 전파복사 : 약한 자기장 근사 (NONTHERMAL RADIO EMISSION FROM SNR IN THE PRE-SEDOV STAGE OF EVOLUTION : WEAK MAGNETIC APPROXIMATION)

  • 최승언;정현철
    • 천문학논총
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    • 제10권1호
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    • pp.15-30
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    • 1995
  • It has been recognized that the morphologies of the SNRs from the radio observation are "barrel shaped". To interpret the mechanism of the radiation and the physical state of the environments, we have analytically calculated the dynamical structure of the interacting region in the case where the ejectum has a steep power-law density profile($\rho{\sim}r^{-n}$) and the ambient medium has a shallow power-law density profile($\rho{\sim}r^{-s}$), assuming that the cosmic rays are isotropically accelerated in the shock wave and the magnetic fields are very weak. The calculated synchrotron radio maps show that the emission from the equator is intense and the emissions from the central and polar regions are less intense. Also the thicknesses of the shell are strongly dependent on s and weakly on n. The azimuthal intensity ratio $\alpha$ increases as the efficiency of the cosmic ray acceleration increases and s decreases. We compared the results with the morphology of the SNR A. D. 1006(type I SNR). It does agree with the case of s = 0, w = 0.3 - 0.5. This value for w is consistent with the results by Eichler(1979). It provides us the evidence of the cosmic ray acceleration in the shock wave.

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ICC중재규칙(1998)에서 중재비용의 결정 및 할당에 관한 연구 (A Study on the Determination and the Allocation of the Costs of Arbitration in ICC Rules of Arbitration(1998))

  • 오원석;김영학
    • 무역상무연구
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    • 제32권
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    • pp.93-111
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    • 2006
  • The purpose of this paper is to analyze the composition of the arbitration costs in ICC Rule of Arbitration and to examine how each item of the costs is determined. Furthermore this author tired to find the principles or criteria deciding which of the party should bear them or in what proportion they shall be home by the parties in Article 31. Thus this author could find three common approaches. First, all of the costs are home by the losing party, or Second, all of the costs are allocated in proportion to the result of award in each case. Third, all of the costs determined by the Court as shared equally by the parties and both parties bear their own costs. But, both parties may include their intention in accordance with the principle of party autonomy. For example if the parties with to ensure that the arbitration costs be shared equally and that the arbitrator make no allocation of costs and fees, the following sentence could be added to the arbitration clause. "All costs and expenses of the arbitrators (and the arbitral institution) shall be home by the parties equally; each party shall bear the costs and expenses, including attorneys' fees, of its own counsel, experts, witnesses and preparation and presentation of its case."

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국제상업회의소(ICC) 중재규칙의 2012년 개정내용에 관한 검토 (A Study on the International Chamber of Commerce (ICC) Rules of Arbitration 2012)

  • 김영주
    • 무역상무연구
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    • 제55권
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    • pp.125-154
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    • 2012
  • The International Chamber of Commerce (ICC) has published revised rules of arbitration, which come into force on 1 January 2012 (the ICC Rules 2012). The ICC Rules 2012 apply to all arbitrations commenced on or after 1 January 2012, unless the parties have agreed to submit their arbitration to the rules in effect on the date of their arbitration agreement (Article 6(1)). The ICC Rules 2012 explicitly require both the arbitrators and the parties to make every effort to conduct the arbitration in an expeditious and cost-effective manner. The changes will force participants to define more aspects of their claims and outline the merits of the dispute earlier on in the process. The Rules also contain new penalties for behaving in a way that undermines the process's efficiency. The new Rules permit the tribunal, when making allocating costs, to take into account the extent to which each party has conducted the arbitration in an expeditious and cost-effective manner. Entirely new provisions relate to the emergency arbitrators, case management, and multi-party arbitrations. The ICC Rules 2012 take into account developments in arbitration practice and procedure, and in information technology, since the last revision of the rules in 1998, the aim being to provide modern and flexible procedures that promote efficiency in the arbitral process.

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러시아 투자 환경 변화에 따른 한국기업의 분쟁 대응 전략에 관한 연구 (A Study on the Dispute Resolution Strategy of Korea Companies on Russia's Investment Environment Changes)

  • 김성룡
    • 무역상무연구
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    • 제67권
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    • pp.143-162
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    • 2015
  • Russia has a huge amount of energy resources. It is an attractive factor to countries which spend loads of energy. Republic of Korea is also one of large energy consumption countries. Therefore, It will be needed to raise energy cooperation with Russia. It's companies will increase trade focusing on the energy industry in the long term. Recently, However, Foreign companies should be careful when they enter the rapidly changing Russia market. In other words, companies will need a strategic approach to prepare the early case assessment and how to solve a possible dispute as they analyze cost and profit in business. This study is analyzing several dispute cases related in Russia. It presents some strategies for Korean companies such as dispute resolution method, arbitration institution selection method and so on. In addition, it proposes the introduction of the early case assessment for reducing a waste of time and cost. Furthermore, according as the importance of OECD Guidelines for Multinational Enterprises is highlighted in international community, companies should prepare practical division to establish a system of responsible business conduct. Finally, they will have to get an advice and counseling from the Russia legal experts in the early stages of the contract.

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국제물품매매에서 물품검사시기에 관한 고찰 (A Study on the Buyer's Timely Inspection of the Goods in International Sale of Goods)

  • 하강헌
    • 무역상무연구
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    • 제74권
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    • pp.1-23
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    • 2017
  • The buyer must examine the goods, or cause them to be examined, within as short a period as is practicable in the circumstances. Article 38 lays down a fundamental principle that requires the buyer to examine quickly the goods delivered by the seller. Article 38 (1) provides that the examination be made within as short a period as practicable in the circumstances. The goods have to be examined within as short a period as is practicable in the circumstances. The rule is based on the fundamental idea of reasonableness, meaning that the buyer must examine the goods as soon as reasonably possible. It may be said that the buyer should act reasonably fast. Article 38 (2), (3) concerns sales involving carriage of the goods, where the seller's obligation to deliver consists in handing the goods over to the first carrier for transmission to the buyer. In this case the buyer is generally able to examine the goods only after they have come to destination. Article 38 (3) takes into account the case where the buyer redirects the goods in transit or re-dispatches them to another destination. Redirection in transit occurs when the destination is changed before the goods are received by the buyer. The buyer could re-dispatch the goods without having them unloaded, or re-dispatch them through another carrier.

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노인 전문요양시설의 공간구성에 관한 연구 - 전라북도 소재 5개 시설을 중심으로 - (A Case Study of Spatial Composition of Elderly Skilled Nursing Facility - Focused on 5 facilities of Jeonbuk Province of Korea -)

  • 이민아;유옥순
    • 한국실내디자인학회논문집
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    • 제13권1호
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    • pp.62-69
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    • 2004
  • The purpose of this study was to analyze spatial composition of elderly skilled nursing facility and to provide basic information for setting up the detail facility architectural guidelines. The results of the study were following: the residential spaces of the facilities in this study were more or less overcrowded since their capacity were more than 5 elderly residents. The dimensions of some residential spaces did not even come up to the standard of elderly welfare law in force. On the other hand, the facilities had a tendency to use a space with multiple purposes or to allocate a space but to leave it with no use. Moreover comparing with the 1st floor, which was mainly for the staffs and had enough space to spare, the upper floor which was for the elderly residents, was crowded with nursing staffs and elderly residents and had densely closed residential and public spaces. For the problem solving, law and regulation modification is needed according to the case study about the usage and using frequency of each facility space. And the crowded area for the elderly residents could be enlarged through the reduction(or combination) of the rarely used spaces and moving a few residential spaces into the 1st floor.

해상보험(海上保險)에서의 복합인과관계(複合因果關係)에 관한 연구(硏究) (The Study on the Complex Causation of Loss in Marine Insurance)

  • 박성철
    • 무역상무연구
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    • 제15권
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    • pp.119-136
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    • 2001
  • The purpose of this paper is to consider how to decide the cause of loss or damage to the transport goods when maritime accident occurs. In marine insurance, the underwriter is liable for any loss or damage proximately caused by a risk insured(MIA Art.55). So it is very important to determine the proximate cause of loss or damage to ascertain whether it is to be recoverable under the policy. But there is no definite conception or rule what is the proximate cause. It was left to the tribunal as a question of fact. In this paper, I will suggest the general rules to determine the proximate cause of loss or damage of the transport goods in marine insurance. First, in MIA 1906, there is the rule of proximate causation and it has been established the effective causation by cases since 1918. Second, in Institute Cargo Clauses(B) & (C), there are rules of considerably relaxed standards to determine the causation of loss of or damage using the "attributable to" and "caused by" basis. Third, it is noted, under the complex causation situation, there are difference basises to decide the liability of underwriters between the case of successive occurrence of single risk and the case of concurrent occurrence of several risks. Forth, in practice, it couldn't be ascertained the underwrier's liability by a definite rule and it should be fully considered the circumstances and conditions of the loss.

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국제물품매매거래의 위험관리에 관한 고찰 - Lite-On 사건의 위험관리적 분석을 중심으로 - (A Study on the Risk Management of International Sale Transactions)

  • 한낙현
    • 무역상무연구
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    • 제30권
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    • pp.59-88
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    • 2006
  • After sources of risks are identical and measured, a decision can be made as to how the risk should be handled. A pure risk that is not identical does not disappear ; the business merely loses the opportunity to consciously decide on the best technique for dealing with that risk. The process used to systematically manage risk exposures is known as risk management. Risk management is the logical process used by business firms and individuals to deal with their exposures to loss. It is a strategy of preloss planning for postloss resources. Besides, in the enterprise judiciary researches the textbook and the instance which relate risks, and reflects it to the written contract provision and various every manuel or holds seminar. It is a risk management which this talks generally. Here it stands but it becomes a problem the quality of type and countermeasure of risks. The purpose of this paper aims to explain adequate preventions to positively predict the risk this before being materialized, in practical section which is directly exposed to these risks in introducing international sale contracts(for example, the FOB and CIF contract) and the active management method of the risk which accompanys to the execution. And also analyzes the Lite-On case which relates with an international sale contracts.

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신용장의 취소 및 조건변경에 관한 연구 (A Study on the Cancellation and Amendment of Letter of Credit)

  • 이방식;박석재
    • 무역상무연구
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    • 제50권
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    • pp.89-108
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    • 2011
  • This work intends to study some issues in relation to the cancellation and amendment of letter of credit. Those issues in relation to the cancellation are the significance and formation time of cancellation of letter of credit and some points for practical attention of UCP 600 in the case of cancellation of letter of credit. Those issues in relation to the amendment are the significance and formation requirements of amendment of letter of credit and some points for practical attention of UCP 600 in the case of amendment of letter of credit. If exporters receive letters of credit from foreign countries, they must confirm the indication of irrevocable letter of credit. When they find revocable letters of credit, they should amend the credits to be irrevocable credits. If issuing banks amend letters of credit against beneficiaries, the banks should receive the beneficiaries' consent. If amendments devalue applicants' expectations in the underlying transaction, the applicants for whom the credit issues are not liable to reimburse. Beneficiaries and issuing banks may amend a credit, but the issuing bank acts at its own peril if it does not obtain the applicant's consent.

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권리사용료의 지급과 관세평가에 관한 연구 (A Study on Payments of Royalty & License Fee and Customs Valuation)

  • 이병락;임성수
    • 무역상무연구
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    • 제69권
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    • pp.673-698
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    • 2016
  • This study tries to conduct a systematic analysis on whether adding up the royalties and license fees or not in measuring the taxable amount of tariff. We have confirmed that three main criteria to decide whether it is yes or not are non-inclusion, relatedness and condition of sale. We also have realized that whether satisfying a condition of sale or not depends on license agreement, sales contract, special relationship and so on. Furthermore, we have made case studies of bonded factory, film's domestic distribution, exempt royalty and license fee, price for exclusive use of relevant technology, retroactive application of price change and strict interpretation. Based on the case studies we have derived the following conclusions: First, the royalties and license fees only actually paid to the licensors may be added to taxable amount. Second, the royalties and license fees incurred after the imported goods are made into domestic goods may not be added up. Third, the royalties and license fees paid as a price for use may not be added up. Fourth, the analogical interpretation of relevant codes is not accepted.

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