• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.23
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• pp.93-127
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• 2004

A contract is made when both parties have reached agreement, or they are deemed to have. After contract the law recognizes rights and obligations arising from the agreement. In order to discover whether agreement was reached between these two parties, we have to analyse the process of negotiation. Recently The People's Republic of China legislated a New Contract Law, which has come into effect since 1st of October 1999. This Law adapts the rules of United Nations(Vienna) Convention on Contracts for the International Sale of Goods and the Unidroit Principles for International Commercial Contracts. And this law is now widely enforced to commercial transactions between individuals, enterprises or other economic organizations of the People's Republic of China and foreign enterprises. Therefore, the foreigner who wish to make a sales contract with Chinese should understand the rules of New Contract Law of China. According to this New Law only a contract which contain offer and acceptance is valid and binding, and it is also pointed out that terms of contact must be certain. Though an oral contract is usually equivalent to a written one, in a case of commercial transactions written contract with signature is desirable. The purpose of this paper is to analyze the new rules of this Law and the new features of their application to commercial transactions in China.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.167-190
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• 2012

The purpose of this study is to find out some countermeasure to Korean companies entered Chinese market through analyzing an arbitration case resolved by CIETAC applied of Chinese Commission Agency Law and CISG. China create legal relationship between the principal and the third party under Chinese Consignment Contract Law. Korean companies so make sure whether this Contract is included when they conclude international commercial contract. If yes, they have to prove their recognition for the relationship between the principal and the commission agent when needed. If the parties agreed an additional period of time of delivery and the seller do not deliver the goods within this period, this breach might be regarded as fundamental nature and the buyer could declare the contract avoided. In addition, late delivery might also be regarded as fundamental breach when market price is fluctuated. It is understandable that attorney's fees is recoverable one, but it is not understandable that arbitrator's extra expenses such as travel and accommodation expenses is not recoverable with the reason that arbitrator comes outside of the country.

• The Transactions of the Korean Institute of Electrical Engineers D
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• v.54 no.12
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• pp.698-704
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• 2005

Passive suspensions with fixed design constants are very restrictive in the inherent suspension problem, the trade-off between the ride quality and the suspension travel. Active suspensions are used to solve some drawbacks of passive suspensions. In this paper, we propose a controller design for vehicle active suspensions considering variable driving conditions. Our controller estimates the current driving conditions by detecting the road frequencies gotten from Fourier Transform and decides which factor must be emphasized between the ride quality and the suspension travel. In one case of focusing on the ride quality, we use the skyhook control law and in the other case of focusing on the suspension travel, the double skyhook control law is used. The control law modified by various road situations outputs the reference force value the electro-hydraulic actuator in active suspension system must generate. To track the reference force, we adopt the sliding control law which is very useful in controlling the nonlinear system like the electro-hydraulic actuator.

• The Transactions of the Korean Institute of Electrical Engineers A
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• v.48 no.10
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• pp.1207-1214
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• 1999

Many papers have recently been presented to develop energy functions for power systems. However, earlier studies adopted case-by-case approaches, which failed to give a general approach to deal with various kinds of generator models. In this paper, two useful theorems are developed regarding the integral relationships of the generator power versus its phasor current and voltage. By using the proposed theorems, an exact energy conservation law can be derived from the complex integral. The proposed energy conservation law, which is free of the generator model, can be utilized to develop energy functions for various kinds of generator models including the speed governors and exciters. An illustrative example is given for a multimachine system with the Eq' model of generator. This thesis also shows a possibility of more accurate and fast stability analysis by using the proposed Energy Conservation Law.

• Journal of The Korea Institute of Healthcare Architecture
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• v.10 no.2
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• pp.107-115
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• 2004

In this paper, the all units of residential housing that is not legislated in facility development law are analyzed and foreign design criteria that is related to barrier-free unit housing is comparing to domestic. Through the comparison in front door, living room, bathroom, bedroom, and kitchen, this paper aims to suggest internal barrier-free design criteria. This paper is limited to internal housing which are front door, living room, bedroom, bathroom, and kitchen. Also, the objectives of facility development law are U.S, Japan, German, and in case of U.S, UFAS is established by ADA, in Japan, Heart Building law and detail standard drawing are used, in German, DIN is used. The objective of domestic case study is the latest residential housings that are built over 2003. The flow of study is as follows ; First, the internal items of residential housing are abstracted, and each item is checked in facility development law that is legislated in. Next, through comparison of domestic and foreign facility development law related to housing, common items are abstracted and detail standards are defined. Domestic residential housings are analyzed in those standards. Finally, the problems that is the result of analysis are analyzed and the barrier free design criteria is abstracted in unit housing. Also, more developed items and future study are suggested.

• Proceedings of the KIEE Conference
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• 1998.11a
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• pp.263-268
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• 1998

Many papers have recently been presented to develop energy functions for power systems. However, earlier studies adopted case-by-case approaches, which failed to give a general approach to deal with various kinds of generator models. In this paper, two useful theorems are developed regarding the integral relationships of the generator power versus its phasor current and voltage. By using the proposed theorems, an exact energy conservation law can be derived from the complex integral. The proposed energy conservation law, which is free of the generator model, can be utilized to develop energy functions for various kinds of generator models including the speed governors, and exciters. An illustrative example is given for a multimachine system with the Eq' model of generator. This thesis also shows a possibility of more accurate and fast stability analysis by using the proposed Energy Conservation Law.

• The Korean Journal of Air & Space Law and Policy
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• v.6
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• pp.191-215
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• 1994

The concept of 'wilful misconduct" was initally used in article 25 of the Warsaw Convention of 1929. The concept was defined in the Hague Protocol, 1955, as having the following two differing concepts: i) "with the intent to cause damage" and ii) "recklessly and with the knowledge that damage would probably result." The concepts contained in the Hague Protocol were used in various international Conventions on carriage by sea, such as Article 2(e) and Article 3(4) of the Protocol adopted at Brussels on Feb. 23, 1968 to amend the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, signed at Brussels, Aug. 25, 1929(Hague-Visby Rules), Article 13 of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, Dec. 13. 1974, Article 4 of the Convention on Limitation of Liability for Maritime Claims, 1976, Article 8(1) of the U.N. Convention on the Carriage of Goods by Sea, 1978(Hamburg Rules) and Article 21 (1) of the U.N. Convention on International Multimodal Transport of Goods, Geneva, 1980. The same concepts were also adopted in Article 746, 789-2(1), 789-3(2) of the Korean Maritime Commercial Law, revised in 1991. As of yet, the legal system of Korean Private Law recognizes only the concepts of "Vorsatz" and "grobe Nachlassigkeit", as is the case with German Private Law. The problem is that the concepts in the Convention do not coincide precisely with the concepts of "Vorsatz" and "grobe Nachlassigkeit". The author has conducted a comparative analysis of the treatment of the concepts of wilful misconduct and its varied interpretations, that is, "with the intent to cause damage" and "recklessly and with the knowledge that damage would probably result" in the Anglo-American law and in the continental European law in the following manner: 1. Background in which the concept of wilful misconduct was introduced in the Warsaw Convention. 2. The concept of "dol" in French private law. 3. The concepts of "Vorsatz" and "grobe Nachlassigkeit" in Korean private law. 4. Analysis of the concept of wilful misconduct in Anglo-American case law. 5. Analysis of the cases interpreting the concepts of "with intent to cause damage" and "recklessly and with knowledge that damage would probably result" in various jurisdictions. 6. The need to incorporate the concepts of "with the intent to cause damage" and "recklessly and with the knowledge that damage would probably result." 7. Faute inexcusable in French private law. Based upon the comparative analysis, the author points out the difference between the concepts of "wilful misconduct" or "with the intent to cause damage" and "Vorsatz", and between the concepts of "recklessly and with the knowledge that damage would probably result" and "grobe Nachlassigkeit" in the Convention and that of the Korean Private Law system. Additionally, the author emphasizes the importance of the unification in the interpretation of the provisions of the Conventions world wide.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.139-164
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• 2011

Traditionally courts have been adopted over the years two standards of dealing with compliance of documents such as strict compliance and substantial compliance and the substantial compliance, which was somewhat less demanding than the strict compliance. However the new guidelines of ICC's international standard banking practice for the examination of documents under documentary credits set up how the UCP is to be applied in practice. The payment obligations of an issuing bank to a beneficiary are independence of the performance or the nonperformance of any contract underlying the letter of credit. However, strictly applying the principle of independence and abstraction could produce unfair results by operating unjustly enrich an unscrupulous beneficiary in case of fraud. Accordingly, when a beneficiary presents complying documents, the issuing bank is bound to honour the presentation unless the fraud rule applies on the facts of the case such as forged or material fraud. If it does, the issuing bank(issuer) needs not pay despite the complying presentation of documents by the beneficiary under the Uniform Commercial Code Article 5-109 and case law in America. However the fraud rule was not addressed in UCP 600. In conclusion, view in terms of legal principle and the court cases is variable and difficult to honour or dishonour the presentation in case of application of the independence principle and fraud rule such as the problems on burden of proof timely, possibility of granting injunction in order to protect against victim for bona fide applicant.

• The Korean Society of Law and Medicine
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• v.8 no.1
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• pp.215-234
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• 2007

The mission of the doctors is to take care of human life, body and health through the medical behaviors such as diagnosis and treatment. Under this job propensity, the doctors have care duty to take the best actions required to prevent the risk according to the patients' specific disease status. Such care duty of the doctor may be evaluated based on the medical behavior level at the medical institution and clinical medical study field. Such medical level should be understood in the normative level, considering the treatment environment, condition and specialty of the behavior, because it means the medical common sense known and acknowledged to the normal doctors. While the criminal suit requires the evidence for no doubt conviction, the civil suit requires more eased different standard. The results between the criminal and civil sentence may be different, because the confirmed former case may lead to long-term imprisonment and even death penalty, while the latter case puts only monetary penalty on the defeated party.

• International conference on construction engineering and project management
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• 2011.02a
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• pp.629-635
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• 2011

Retentions are generally considered to be intended to act as a powerful tool to incentivize contractors/subcontractors to remedy defective work in cases of non-performance. This study attempts to establish the extent to which retentions can be used for this purpose by investigating case law connected with insurance and defective work. One of the significant questions is whether retentions are sufficient to deal with construction defects or value of retentions in the rectification of defects is illusory. The cost to repair a defect may vary depending on a number of components including type, cause, magnitude and the construction stage at which the defect occurs. It is expected that a review of existing cases on defective workmanship will provide an insight on the issues and whether retentions are effective in their intended function. In order to establish their functionality, the study described in this paper investigated 6 construction insurance cases to identify the critical issues and the causes of dispute. It was found that the nature and the cause of defects were different in each case. It was also established that certain defect types not covered by insurance may be covered by retentions - potentially one of the key uses of a retention strategy. It is expected that the findings will assist in forming a view on the quantum of money that may be required paving the way for a first time understanding on a rational basis for setting up retention regime.