• Title/Summary/Keyword: Case Law

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Nonlinear Control with Magnitude and Rate Constraints (크기 및 변화율 제한을 갖는 비선형 시스템의 제어)

  • Lee, Jung-Kook;Lee, Keum-Won;Lee, Jun-Mo
    • Journal of the Institute of Convergence Signal Processing
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    • v.8 no.2
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    • pp.130-135
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    • 2007
  • This paper deals with a controller design for a 2 dimensional aeroelatic model which has unknown parameters including polynomial type nonlinearity. Actually in case of state and acuator signal having magnitude, rate and bandwidth limitations, the controller can't be implemented and so in each case, a filter is used for implementation. First, error signals are defined upon the backstepping theory, and tracking error signals are also defined due to command signal and filter signals and then compensated tracking error signals are defined. Lastly, a Lyapunov function is defined for the stabilization and from this method, an adaptive law is derived. Simulations are done for the demonstrtion of the effectiveness of the algorithms.

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A Study on the Requirements for Exercise of the Right of Hot Pursuit in the UNCLOS - With Respect to the M/V Saiga Case and the Unidentified Ship Case - (UN해양법협약상 추적권 행사의 요건에 관한 고찰 - 상선 사이가(M/V Saiga)호 및 불심선 사실과 관련하여 -)

  • Kim, Jong-Goo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.14 no.2
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    • pp.149-156
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    • 2008
  • The right of hot pursuit is an exception to the general rule that a ship on the high seas is subject to the jurisdiction of the state whose flag she flies. The right of hot pursuit is provided in the United Nations Convention on the Law of the Sea. This paper discusses the requirements for the right of hot pursuit. The use of force should be avoided during hot pursuit. When force is unavoidable, it should not be used beyond what is reasomable and necessary in the circumstances.

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Application of the Cost-Distance Measures for Designating Zone Boundaries in DIF Zoning

  • Choi, Joon Young;Choei, Nae Young
    • Journal of Korean Society for Geospatial Information Science
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    • v.24 no.2
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    • pp.3-13
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    • 2016
  • The development impact fee (DIF) zoning is used to adequately provide the pre-planned urban infrastructures in those urban and regional sectors where significant urban sprawl has already taken place followed by the rapid population growth. The infrastructure installation fees are levied to those landowners whose properties belong to the DIF zone in which they enjoy the direct benefits that accrue from the installed infrastructures. While the law is deemed to be equitable in that the actual beneficiaries pay for their benefits, it is required to designate the zone boundaries accurately and consistently since they are the very dividers that differentiate the legitimate fee-payers and the free-riders. This study, especially, tries to test a seemingly advanced alternative, so-called the cost-weighted distance measure, as a potential candidate to replace the current air-distance measures to designate the zone boundaries. The statistics indicate that the coefficient of variation for major indices spread from 11.75 to 35.6 in the case of the latter method, it only ranges from 0.21 to 0.76 in the case of the former. The zonal outcomes also show much higher consistency in their shapes. It is hoped, in this context, that the study findings could possibly be adopted in the future research efforts expected soon to amend and improve the current DIF zoning law.

A Study on the ICA Rules of Arbitration to be compared with KCAB International Rules of Arbitration (대한상사중재원 국제중재규칙과 인도중재원 중재규칙 비교 연구)

  • Park, Yang-Sup
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.35
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    • pp.125-144
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    • 2007
  • The objective of this study is to find out whether Korean companies which are doing a lot of commercial transactions with Indian companies can consider appointing ICA as a trustworthy institution and using ICA arbitration rules as a governing arbitration rule, when a dispute between Korean companies and Indian companies occurs. Up to now, in the case of dispute with Indian companies, Korean companies are hesitant to utilize ICA as well as ICA arbitration rules as a alternative dispute resolution, owing to lack of understanding on its rules. But, it is obvious that Korean companies which come to have better knowledge on ICA and its rules may consider more positively using ICA as well as ICA arbitration rules as a dispute resolution rather than using other arbitration institutions like ICC and KCAB etc. in the case of disputes with Indian companies because ICA arbitration rules are very objective and similar to other arbitration rules like ICC rules as well as KCAB(Korean Commercial Arbitration Board) international arbitration rules which are frequently being used by Korean companies and also have other several advantages like cheaper cost of arbitration and fast track arbitration procedures. In conclusion, ICA and its rules can also be recommended as a public-trustworthy arbitration option if Korean companies want to resolve some dispute cases with Indian companies.

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The Problems of Administrative Relief of Humidifier Disinfectiant Injuries and Its Reform (가습기살균제 피해의 행정구제의 문제점과 개선방안)

  • Park, Taehyun
    • Journal of Environmental Health Sciences
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    • v.45 no.4
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    • pp.310-320
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    • 2019
  • Objectives: The purpose of this study is to identify the causes of the retardation of administrative relief under the Special Act on Remedy for Damages Caused by Humidifier Disinfectant and to suggest the systematic refurbishment of this act for the quick and fair of relief of damages. Methods: This study was conducted through the application of the case study, literature review and systematic interpretation of law methods. Results: The disease subject to administrative relief under the Special Act is defined as health damage causally associated to a substantial degree with exposure to humidifier disinfectant. This definition is a strict requirement in light of the legislative purpose of prompt and fair relief of damages. Furthermore, the damage relief committee established under the Special Act judged causal relationships according to a rigorous standard in terms of medical certainty. This medical evidence-based judgment is a result of the committee's failure to understand the normative meaning and function of a causal relationship as an outcome of inference based on empirical rules and common sense. Conclusions: Humidifier disinfectant health damage should be defined as a health-related injury capable of occurring or deteriorating after exposure to humidifier disinfectant (HD). If the fact that a particular injury occurred or worsened after exposure to HD was found, then the damage can be presumed as being caused by HD. However, this might not be the case when the injury was considered to have occurred or been exacerbated entirely due to other factors.

Identification of Authors and ethics of Research based on KODISA Case

  • ZHANG, Fan;SU, Shuai;YOUN, Myoung-KIl
    • Journal of Research and Publication Ethics
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    • v.1 no.2
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    • pp.11-13
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    • 2020
  • Purpose: The author wants to specify scope of research, identify without giving burden, prevent unfair identification of the author, admit of production of the outcome, enact rules of identification, and build up foundation of development. Also, this study defines scope of publication of outcome of research to prevent unfair identification of authors and admit of them. Research design, data and methodology: The study described literary research, standard research, phenomenon research, and empirical result without methodologies, statistical analysis and scientific test and investigated operation system of KODISA cases. Results: At publication of findings of the research, researchers shall identify the ones of production of the finding to allocate help of the research. Conclusions: Scientific journals shall be controlled to develop ability and to grow up and have a system. Researchers shall give direction of other scientific journals. The study made efforts to be a model. KODISA Edition Team shall make an effort to keep and develop. So far, no regulation of identification of authors has produced disturbance so terminologies should be uniformed. Researchers shall keep rules of identification of authors to uniform and regulate identification of authors, conditions of authors, and order and correspondent authors. KODISA enacted rules of identification of authors for the first time in Korea to develop science.

A Study on the Principle of Good Faith in Korea : Concept and Application (한국에서의 신의성실 원칙에 관한 연구: 개념 및 적용)

  • Han, Nak-Huyn;Choi, Seok-Beom;Bae, Jung-Han
    • Korea Trade Review
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    • v.44 no.6
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    • pp.285-302
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    • 2019
  • Good faith is difficult to define due to the facts that there is not an objective and concrete concept of good faith, and good faith in contracts for the international sale of goods is a principle that parties to the contract must act with sincerity as members of a social community. The Korean Supreme Court shall pay attention to setting the applicable standards that can be universally applied to good faith based on the self-established criteria. Through such effort, it is possible not only to realize the value of concrete validity pursued by the general clause of good faith but also to realize the value of legal stability by assuring the predictability of results when applying good faith. In the modern sense, it can be said that the arbitrary application of general rules rather than the escape and general clauses is a problematic situation in the application of good faith, but this problem can be solved by setting a reasonable standard of good faith. This paper studies good faith in the view of Korean law, international laws, and related cases in contract law. The purpose of this paper is to find the problems and solutions of the practical application of good faith by analyzing the Korean case (2009Da86000), which undermined the legal stability of good faith in Korea.

A Study on the Applicability of Force Majeure Clause to COVID-19: Focus on Case Studies in China (COVID-19사태에 대한 불가항력조항의 적용가능성에 관한 연구)

  • Ling-Ke Zhou;Kwang-So Park;Eunji Oh
    • Korea Trade Review
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    • v.45 no.3
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    • pp.21-33
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    • 2020
  • This study aims to determine if the current COVID-19 event can be admitted as an excuse for non-performance in international trade transactions. In order to do so, this study selected case study method in the analysis. Firstly, the definitions of Force Majeure addressed in CISG, UCC, Chinese Law, and Korean Law were organized. Secondly, this study reviewed the avian influenza event in 2006 and the natural disaster event occurred in Guangdong, China, in 2017. In the study, three critical evaluation factors are suggested in order to be admitted as a Force Majeure event in international transactions as following: 1) possibility of foresight of the event, 2) possibility to overcome and avoid the event, and 3) the enterprise's countermeasures of the event. As an implication, this study organized the definitions of Force Majeure that were indicated in various kinds of Laws and suggested the basic framework to analyze the possibility of admittance as a Force Majeure event.

Future Impacts of RFID on Supply Chain Management and Redesigning the Distribution Structure of Seafood in Korea (국내 수산물 유통구조 재설계와 수산물 SCM에서의 RFID 효과)

  • Park, Myong-Sop;Park, Sang-Cheol;Kim, Jong-Uk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.36
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    • pp.143-170
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    • 2007
  • In order to analyze the distribution channel of marine products in Korea, this study shows SCM approach to redesign of the marine distribution channel with case study related to previous literatures. In view of the supply chain and the future impact of RFID on the marine SCM on the recognition of the importance of the seafood traceability system, this study also provides the possibility to accomplish effective SCM for integration of production, storage, transportation, delivery, and sale when RFID is used in the seafood distribution channel based on the expansion of awareness on the marine product traceability. The traceability system for seafood is considered as the distribution infrastructure established in RFID deployment. By introducing Lotte mart case, this case study also discusses the marine distribution structure in view of the supply chain, to present an effective foundation for supplying seafood throughout production, distribution, and consumption. This is achieved by introducing RFID in an ubiquitous environment, and suggesting far more efficient control planning throughout the seafood distribution channel in view of the expected effects resulting from the introduction. In addition, as the alternative of solving this situation, this study propose the supply chain in seafoods by comprehensive management in whole distribution channels. In the SCM in seafood perspectives, HACCP can take into account the whole seafood chain from the point of supply to the point of consumption when assessing hazards. As the contributions of this study, this study emphasizes the seafood industry first should require the establishment of the relevant infrastructure, for which the efforts of the government and demonstrative project participants are essential.

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A Study on the Seller's Right to Cure in the Int'l Sale of Goods (국제물품매매계약(國際物品賣買契約)에서 하자보완권(瑕疵補完權)에 관한 고찰(考察))

  • Ha, Kang-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.253-276
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    • 1999
  • CISG articles 34 and 37 clearly allow the seller to cure any nonconformity in documents of sale or performance prior to the date for delivery if it does not cause the buyer unreasonable inconvenience or unreasonable expense. CISG article 48 allows a seller to cure the performance even after the date for delivery if it does not cause the buyer unreasonable delay, unreasonable inconvenience or unreasonable uncertainty of reimbursement by the seller of expenses advanced by the buyer. The wording any failure to perform is broad enough to include a delay. The seller's right to cure relates to all his obligations. The seller may remedy 'any failure to perform his obligations'. This language is broad enough to include a defect in documents. In some cases the fact that the seller is able and willing to remedy the non-conformity of the goods without inconvenience to the buyer, may mean that there would be no fundamental breach unless the seller failed to remedy the non-conformity within an appropriate time. It cannot generally be said what unreasonable inconvenience means. This can only be decided on a case-by-case basis. The seller must bear the costs involved in remedying a failure to perform. The curing of a failure to perform may have influence on the amount of the damage claimed. Insofar as the seller has the right to cure, the buyer is in that case obliged to accept the cure. If he refuses to do so, he can neither avoid the contract nor declare a reduction in price. This rule clearly shows the underlying concept of the CISG, to keep to the contract, if possible. Should the buyer requires delivery of substitute goods and the seller offers repair, it depends on the expense each case. The buyer must receive the request or notice by the seller. The relationship between the seller's right to cure and the buyer's right to avoid the contract is unclear. The buyer's right to avoid the contract should not nullify the seller's right to cure if the offer is reasonable. In addition, whether a breach is fundamental should be decided in the right of the seller's offer to cure.

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