• Journal of the Korean Society for Aviation and Aeronautics
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• v.18 no.3
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• pp.77-83
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• 2010

"The prohibition of careless or reckless flight" is the regulation specified not only in the national air law but ICAO ANNEX and FAR. This article(item) has not been categorized properly unlike other items and the question such as why this is described as a fundamental and essential act can be answered only by the party subjected to administrative measures in case of Korea and this kind of violation is so rare that it is not easy to understand the legal meaning and the function of the term, "The prohibition of careless or reckless flight" In case of U.S where aviation cases are common, the distinction between the term "careless" or "reckless" operation depends on whether to recognize the given situation. Some incidents happened by failing to aware NOTAM, violating ATC, or T/W landing where a pilot did not recognize the violation itself are considered to be "Careless" flight. Others such as low altitude high speed flight, approximate flight, Rejecting ATC instruction where a pilot intends to or is remiss in safety are regarded as "Reckless" flight. For pilots who are required to take the highest level of care from preparing for flight to stopping engines or completely disembarking passengers from a plane, the clear understanding of the most basic concept of "careless" or "reckless" flight should be emphasized for the safe flight and it is the time for the authorities to set a standard for proper measures by definite legal interpretations.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.391-414
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• 2011

The advance into the overseas markets of domestic enterprises has been increasing continuously. Brazil, for domestic companies, has been emerging as the huge potential country in the development of markets and resources. According to the reports from World Bank and Brazil government, one of the biggest difficulties of businesses in Brazil for foreign enterprises is the lack of Transportation Infrastructure and high logistics costs. However, until now, there is no professional institute and systematic DB in Korea to provide the overall information of Brazil logistics or details oriented to enterprises' needs; furthermore, enterprises have the difficulties to gather or investigation the logistics information by themselves due to the constraints of language and budget. For these reasons, with the latest data, this study reviews the overall information of Brazil logistics environment and provides the status of Brazil logistics that is necessary for enterprises to advance into Brazil market. Also, this explains the reason for why Brazil has such a high logistics cost with the objective data. In addition, this paper carried out the benchmarking case study as an example of logistics strategy and plan in Brazil. This study can contribute to serve as useful information for domestic enterprises which planning or doing business in Brazil.

• The Journal of Asian Finance, Economics and Business
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• v.5 no.3
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• pp.43-50
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• 2018

The paper aims to investigate the impact of trade cost on export: A Case Study Vietnam. The study conducts a static linear panel data analysis on annual data covering bilateral export between Vietnam and 70 major importers of Vietnam from 2001 to 2013. The gravity model has been one of the most successful applications in empirical trade. In this paper we apply the gravity model to estimate the impact of trade cost on Vietnamese bilateral export value. The paper uses gravity model to estimate the impact of trade cost on Vietnamese bilateral export value. The empirical results derive from a static linear panel data analysis (fixed effects model) indicates that trade cost plays a crucial role in determining the export value that occurs between Vietnam and trading partners. Besides, population of importing country, trade openness of importing country, gross domestic product of importing country and gross domestic product of Vietnam are also significant determinants of Vietnamese bilateral export value. The main findings indicates that trade cost plays a very important role in the Vietnamese bilateral export performance. This suggests that the Vietnamese government should attempt to improve domestic trade costs to enhance competitiveness and increase export growth sustainably.

• Journal of The Korean Astronomical Society
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• v.53 no.3
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• pp.59-67
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• 2020

We propose semi-analytic models for the electron momentum distribution in weak shocks that accounts for both in situ acceleration and re-acceleration through diffusive shock acceleration (DSA). In the former case, a small fraction of incoming electrons is assumed to be reflected at the shock ramp and pre-accelerated to the so-called injection momentum, p_inj, above which particles can diffuse across the shock transition and participate in the DSA process. This leads to the DSA power-law distribution extending from the smallest momentum of reflected electrons, p_ref, all the way to the cutoff momentum, p_eq, constrained by radiative cooling. In the latter case, fossil electrons, specified by a power-law spectrum with a cutoff, are assumed to be re-accelerated from p_ref up to p_eq via DSA. We show that, in the in situ acceleration model, the amplitude of radio synchrotron emission depends strongly on the shock Mach number, whereas it varies rather weakly in the re-acceleration model. Considering the rather turbulent nature of shocks in the intracluster medium, such extreme dependence for the in situ acceleration might not be compatible with the relatively smooth surface brightness of observed radio relics.

• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.65-117
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• 2011

This article analyzes the case (2008Da16776) which has the issue how patients have to prove causal relationship when patients claim against pharmaceutical companies alleging that patients were infected with virus due to contaminated blood products. The Supreme court held that: (1) if patients prove that they didn't have symptoms suggesting virus infection before administration of blood products, the virus infection had been confirmed after administration of blood products, and there were significant potential of contamination of the blood products with the virus, the defect in blood products or the negligence of pharmaceutical company in making blood products shall be presumed to cause the infection of the victim. (2) The pharmaceutical companies could reverse the presumption by proving the blood products were not contaminated, but the fact that the victims were treated with the blood products manufactured by other companies or had received blood transfusions is not enough to reverse the presumption. The case is the first decision whether the burden of proof about causal relationship could be reduced in pharmaceutical product liability lawsuit. Hereafter pharmaceutical product liability cases, it would be necessary to reduce the burden of proof about causal relationship in order to make substantive equality between patients and pharmaceutical companies.

• Journal of Arbitration Studies
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• v.26 no.2
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• pp.45-66
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• 2016

The FAA provides that a district court may make an order vacating an arbitration award upon the application of any party to the arbitration where there was evident partiality on the arbitrator's behalf. The U.S. Supreme Court in the case of Commonwealth Coatings Corp. held that arbitrators must disclose to the parties "any dealing that might create an impression of possible bias." Justice White attempted to limit the scope of evident partiality to instances where an arbitrator has a "substantial interest" in the dispute before disclosure is required. The Second Circuit held that if an arbitrator thinks that a nontrivial conflict of interest might exist, the arbitrator must either (i) conduct an investigation into the potential conflict, or (ii) disclose to the parties why he or she thinks there could be a conflict. Further, the arbitrator must disclose his or her intent not to investigate the matter. By utilizing a reasonable impression of partiality standard, the Ninth Circuit held that evident partiality can exist despite an arbitrator's actual acknowledgement of a conflict, and if an arbitrator fails to discharge his or her duty to investigate potential conflicts of interest, his or her constructive knowledge of the conflicts can give rise to evident partiality.

• Journal of Arbitration Studies
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• v.24 no.3
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• pp.79-103
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• 2014

In light of increasing international trade in recent years, international arbitration has been more widely used by international parties to resolve their conflicts. Thus, the need for reliable and effective enforcement of foreign arbitral awards has amplified. To facilitate the enforcement of foreign arbitral awards, the New York Convention lists grounds for the refusal of recognition and enforcement in Article V. This paper examines prominent U.S. case law on Article V(1)(b), which is put in place to ensure that arbitration proceedings are conducted properly in accordance with due process requirements: proper notice to parties and an opportunity to a fundamentally fair hearing. This examination of case law conveys that U.S. courts refuse to enforce foreign arbitral awards pursuant to Article V(1)(b) only when due process rights of the party against whom the award is to be enforced are clearly violated by the arbitral tribunal. This paper also reveals that U.S. courts mainly defer to arbitral tribunals' discretion, especially as to evidentiary matters. Therefore, it is predicted that U.S. courts will likely continue to narrowly construe the grounds in Article V to facilitate reliable and effective enforcement of foreign arbitral awards in the U.S.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.3-24
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• 2014

This paper focuses on the formation of contract under CISG through the case by the Korean court. Under the CISG, an offer means that a proposal for concluding a contact constitutes the offer, if it is sufficiently definite and indicates the intention of the offeror to be bound in case of acceptance. An acceptance is statement made by or other conduct of the offeree indicating assent to an offer, and this statement purports to be an acceptance but contains additional or different terms which do not materially alter the terms of the offer constitutes an acceptance. In practice, parties negotiate for lots of contract terms to conclude the contract, and the last reply indicating of assent which is made by statement or other conduct to a proposal for concluding a contract would be an acceptance. At this time the most important factor is the intention of parties whether they intend the offer or the acceptance, Purchase order by buyer or Offer Sheet by seller would be understand as condition precedent for the formation of contract. Nevertheless, keep in mind that the Korean court is consistent in the way Purchase order by buyer or Offer Sheet by seller is an acceptance to conclude contract.

• Science of Emotion and Sensibility
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• v.5 no.2
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• pp.73-78
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• 2002

The unique colors of paper, that is, blue, green, red, and yellow were used in the estimation of color from the subjective feeling. The monochrome with unique color or the unique color surrounded with the background color was presented. subject gazed the monochrome or the unique color, which was tailed target rotor. The target and background color were the complementary color each other. The various ratios of the area of gazed color and background were taken. Subject answered the level of subjective feeling consisted of pair of adjective items for unique color presented. With the use of the subjective feeling for the target color presented, the estimation of the unique color was cai\ulcornerlied out due to Fuzzy theory and neural networks. The results of color difference between unique color presented and the estimated color gave very small value for the case without background, while the results of the case with background color depended on the ratio of area of presented color and background color till the ration of 2:1, The relation showed the Kirschman's law, The color difference saturated In the increase of area of background with the ratio more than 2:1.

• Proceedings of the Korean Society for Emotion and Sensibility Conference
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• 2002.05a
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• pp.261-265
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• 2002

The unique colors of paper, that is, blue, green, red, and yellow were used in the estimation of color from the subjective feeling. The monochrome with unique color or the unique color surrounded with the background color was presented. Subject gazed the monochrome or the unique color, which was called target color. The target and background color were the complementary color each other. The various ratios of the area of gazed color and background were taken. Subject answered the level of subjective feeling consisted of pair of adjective items for unique color presented. With the use of the subjective feeling fer the target color presented, the estimation of the unique color was carried out due to Fuzzy theory and neural networks. The results of color difference between unique color presented and the estimated color gave very small value for the case without background, while the results of the case with background color depended on the ratio of area of presented color and background color till the ration of 2:1, The relation showed the Kirschman's law. The color difference saturated in the increase of area of background with the ratio more than 2:1.