• Title/Summary/Keyword: Change Circumstances

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A Comparative Study on Change Circumstances in International Commercial Contracts (무역계약상 사정변경에 관한 비교법적 고찰)

  • Oh, Hyon-Sok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.44
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    • pp.57-84
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    • 2009
  • This Study attempts to compare and analyze on Principle of Change Circumstances under th CISG, PICC and PECL which are covered international commercial contract. In many international commercial contract, time is very important because delays in performance are sanctioned heavily by substantial penalty clauses. When change in circumstances affects contract performance, the contract will often not be suspended or terminated. Therefore, principle of change circumstances is being prepared of fluidity of contract environment and its effect in general. Taking into consideration the problems relating to the renegotiation or adaptation in the cases of radical change of circumstances where the CISG applies, it is suggested that the contracting parties should make clear their intentions, that is, whether they will provide for the possibility of renegotiation where the price of goods has been altered by inserting a hardship clause or for the possibility of mutual discharge from liability in the cases of economic impossibility or hardship by inserting a force majeure clause. Such provision will be desirable especially in situations where there is a long term contract, the price of goods sold tends to fluctuate in the international commerce, or where especially in contracts subjected to arbitration, the parties subject their contract to legal sources or principles of supranational character. Therefore, this study has shown that the hardship provisions in the CISG, PICC and PECL has similarities to each a validity defense and an excuse defense. it was provisions that CISG governs this issue in Article 79, PICC Article 6.2.1, 6.2.2, 6.2.3 and PECL Article 6.111.

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A Comparative Study on the Principles of Change Circumstances under the Contract for the International Sale of Goods (국제물품매매계약상 사정변경원칙의 적용에 관한 비교법적 검토)

  • Oh, Hyon-Sok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.51
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    • pp.159-185
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    • 2011
  • This paper is intended to discuss the controversial issue of the principles of change circumstances under the legal system of international commercial transactions. The principles of change circumstances, so called clausula rebus sic stantibus is the legal doctrine allowing for treaties to become inapplicable because of a fundamental change of circumstances. It is essentially an "escape clause" that makes an exception to the general rule of pacta sunt servanda (promises must be kept). The practical needs of international transactions differ from the established concepts of national contracts law. The purpose of this paper is to analyze the legal system and theories under the regimes of international commercial transactions such as the CISG, the PICC, and the PECL. Clausula rebus sic stantibus does not apply if the parties to a treaty had contemplated for the occurrence of the changed circumstance. It only relates to the changed circumstances that were never contemplated by the parties. This paper has shown that the hardship provisions in the CISG, PICC, PECL has similarities to each a validity defense and an excuse defense. it was provisions that CISG governs this issue in Article 79, PICC Article 6.2.1, 6.2.2, 6.2.3(in addition to Article 7.1.7), PECL Article 6.111(in addition to 8.108). It is time when we should reconsider its legal system with great interest in order to harmonize with the international standpoint. It will be the turning point of our viepoint under the international commercial transactions.

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A Cultural Reading on Tapgol Park (탑골공원의 문화적 해석)

  • Park, Seung-Jin
    • Journal of the Korean Institute of Landscape Architecture
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    • v.30 no.6
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    • pp.1-16
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    • 2003
  • This study seeks to find new strategies for the development of Tapgol Park and to identify Programs to promote this development. In addition, the study specifies the purpose and meaning of these efforts by revealing social aspects not apparent in the physical form of the site, and reading how these aspects influenced the development of Tapgol Park Because the focus of the study lies in reading cultural aspects of the site which have to be understood within the context of their social circumstances, the study drew materials from mass media such as newspapers and literary magazines, which best reflect these social aspects. Interpreting the over 100 you history of Tapgol Park in a cultural context, the study found a meaningful suggestion that such a small urban place located in a city forms a cultural identity in the course of communicating with its surrounding social situations. The change in the identity of Tapgol Park has been sensitive to changing social circumstances rather than the physical structure of the space. The original function of Tapgol Park as a traditional city park has gradually changed towards strengthening social functions, much like the character of an urban plaza. In the process of change the park developed a unique culture. This park culture, however, came not from the original design but from its close interactions with social circumstances changing over time. At the same time, the change in identity seen in Tapgol Park has not been fresh formed. It can be said that the inertia came into light with the potential powers under the place over the long history having been combined into the then social circumstances. In early 2002, the park re-opened, refurbished as one of the relics of the March 1st Movement. Investigating how cultural inertias that have been developing in various forms to date will change and be maintained in this new paradigm is an important assignment for researchers.

The Effects of Cooking Operations Duties and Kitchen Facilities on Fatigue (조리 작업과 주방 환경이 조리 종사원의 업무 피로도에 미치는 영향에 관한 연구)

  • Chung, Hea-Jung;Rho, Su-Jung;Lee, Ken-Ho
    • Journal of the East Asian Society of Dietary Life
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    • v.18 no.3
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    • pp.405-414
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    • 2008
  • The purpose of this study was to understand the relationship between a chef's physical pain complaints and occupational circumstances. Cause-and-effect analysis of employees whose work was related to cooking was analyzed in relation to, - factor of cooking circumstances (kitchen condition, cooking operation, cooking allocation and distance of movement, cooking facilities) in order to ascertain possible links to physical pain. Cooking operations appeared to causes pain, especially in neck, shoulders, and legs. Cooking allocation and distance of movement, affected backache, eye-tiredness, and change of body-weight. Cooking space and facilities was related to, pain in waist, neck, shoulders, legs, arms, wrists, and back. Because cooking operations require extended concentrations and intensive effort, inappropriate occupational circumstances can lead to employees who usually suffer from accumulated.

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A study on navigation of autonomous mobile robot

  • Kim, Hyun-Doek;Lee, Chang-Hoon;Park, Mignon;Lee, Sang-Bae
    • 제어로봇시스템학회:학술대회논문집
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    • 1990.10b
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    • pp.1077-1081
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    • 1990
  • Autonomous action, which corresponds actively to the change of conditions in complicated circumstances, is a fundamental function required to an intelligent robot. To develope a control system for a robot having the ability to adapt itself to complicated circumstances, it is necessary to establish self-tracing technology, which recognizes the corresponding position between peripheral objects and itself. So we need to manipulate the moving system with flexibility. It is effective for solving problem that fuzzy theory is adapted to algorithm on a complicated circumstances. We develope a method to generate a route-map which has not only a course from the present position to the destination but also useful information on surroundings.

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Senior Level Leadership of the Knowledge-Intelligence-Science Military (지식.정보.과학군대의 고급대제 리더십)

  • Jo, Yeong-Gap
    • Journal of National Security and Military Science
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    • s.4
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    • pp.1-44
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    • 2006
  • Today, the times of knowledge-intelligence made changes of the ordinary life of citizens society, and also changed greatly the circumstance of leadership in the military. The times of knowledge-intelligence changed the circumstances of national security and the features of warfares, and also make affecting decisively to senses and style of new who were servicing in the military. In order to response effectively against the changes of those leadership circumstances, senior level leadership should be understand in depth human psychology and battlefield circumstances in the dimension of policies and strategies, and should be executed their leadership. In this thesis, I reviewed the concept and vision of senior level leadership theories and cases about traits and roles In addition, I suggested development options for senior level leadership such as (1) high charactenstics and professionalism, (2)educational center of military for advanced democratic citizen and leadership, (3)execution of leadership in psychological leadership, (4)development of leadership needed in the battlefield Finally, the current military senior level leadership should be changed from one-side and authority style to the change-orientated style, which could believe and participate by themselves.

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Thirty Years of Demographic Change in Korea: Implications for G Very Different Future

  • Day, Frederick A.
    • Proceedings of the KGS Conference
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    • 2003.11a
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    • pp.202-205
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    • 2003
  • This paper is by nature a broad brush sweep of several ideas related to Korean demographic changes of the last 30 years. The paper summarizes recent birth and migration trends in Korea, emphasizing the rapidity of change, and that the very rapidly of change (for which Korea has become noted) has created some very special circumstances which, in turn, will have profound impacts on Korean society and economics in the not-so-distant future. (omitted)

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Analyzing the INDCs and National Circumstances of Major Countries Under the New Climate Change Regime (신기후변화 체제 하 주요국 INDC 및 국가여건 분석)

  • Kim, Gilwhan;Lee, Jiwoong
    • Environmental and Resource Economics Review
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    • v.26 no.3
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    • pp.319-357
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    • 2017
  • The pillar of the Paris Agreement, which will define the efforts of the international community against climate change since 2020, is the INDCs submitted by each country. In this study, the INDCs of the major industrial and developing countries (EU, USA, Japan, China, India) and South Korea are reviewed and national circumstances are analyzed based on the status of industrial structure, power mix and GHG emissions. We will also present South Korea's strategies in future climate change negotiations. South Korea should ; find out the special differentiating factors favorable to Korea with which the international community can agree; and establish an interagency working group to prepare for the periodical renewal of the INDC.

A study on the Change in the Information Gathering System and Management of the Technical Cooperation (정보환경 변화와 기술협력 관리에 관한 연구)

  • 이진영
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.8 no.1
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    • pp.19-54
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    • 1997
  • This thesis is to study the change in the information gathering system and the management of the technical cooperation. It is on urgent business for an enterprise or a preson to get proper information in modern information flood. To come up with the developed countinues it need to estimate the current world economice condition and to investigate the world economice circumstances. By this investigation we can establish a strategy to get necessary information. Information management will be needed to deal with the flooding new infermations.

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A Study on the Incroyables and Merveilleuses Costume after the French Revolution (프랑스혁명 이후의 Incroyables와 Merveilleuses 복식에 대한 연구)

  • 이유경
    • The Research Journal of the Costume Culture
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    • v.12 no.3
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    • pp.429-440
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    • 2004
  • The age after the French Revolution was the period of experiment and change in dress for both men and women. Directly after the close of the Reign of Terror, Directoire(1795-1799) became the extreme fashion known as incroyables and merveilleuses which mean 'impossible' or 'unimaginable'. This study aimed to investigate the sociocultural phenomena which affect to clothing change through the French Revolution period and clothing analysis of incroyables and merveillues. Furthermore, this study will contribute to establishing the theory of clothing culture and help predicting clothing change in accordance with social circumstances. Incroyables and merveilleuses represent extreme opposites in sleekness of attire and grooming. Incroyables required an unkempt, wrinkled appearance and a contrived carelessness. Merveilleuseses show the exaggerated transparency and simplicity in the fashions of female. Also, they devoted to the worship of the antique and the masculine fashions. This fashion madness appeared as the result of revolutionary social change. Their costume showed characteristics of the transition period between French Revolution and Classic period. However, they simply carried existing tendencies to the point of caricature by an enthusiastic overstatement.

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