• Journal of Korea Trade
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• v.24 no.1
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• pp.113-130
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• 2020

Purpose - This paper examines the legal standards for the interpretation of contract terms in the UNIDROIT Principles of International Commercial Contracts (PICC) and the cases thereunder in order to provide academic implication to promoting an appropriate understanding of this topic in practical business. Design/methodology - This article uses the literature research and case study under the PICC. Findings - the contract terms shall be interpreted according to the common intention of the parties. If such an intention cannot be established, the contract shall be interpreted according to the meaning that reasonable persons of the same kind as the parties would give to it in the same circumstances. The statements and other conduct of a party shall be interpreted according to that party's intention if the other party knew or could not have been unaware of that intention. If not, the reasonable person standard will apply. In applying above articles, all relevant circumstances including the conduct of the parties, practices and usages shall be considered. Terms and expressions shall be interpreted in the light of the whole contract or statement in which they appear and contract terms shall be interpreted so as to give effect to all the terms rather than to deprive some of them of effect. Where contract terms supplied by one party are unclear, contra proferentem rule applies. Where there is discrepancy between several equally authoritative versions of a contract, a preference is given to the interpretation according to the version originally drawn up. Where the parties to a contract have not agreed regarding an important term for their rights and duties, a term which is appropriate in the circumstances shall be supplied. Originality/value - This article examines various cases regarding the topic that were determined under the PICC. By finding legal standards and rulings of relevant cases, this article will help readers in practical business to enhance the ability to apply the provisions to their contracts.

• Journal of Distribution Science
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• v.14 no.2
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• pp.57-63
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• 2016

Purpose - The present study aimed to investigate the difference between entity theorists and incremental theorists in the extent of attributing efforts and traits of consumers for the realization of pursued goals. Furthermore, the present study was conducted to determine the difference depending on circumstances. In this regard, the circumstances where consumers felt pride were divided into those in which important goals and ordinary life goals were achieved. Research design, data, and methodology - An empirical study was performed, which was divided into group 1 and 2. Group 1 is the experimental group concerned with the important goal achievement, and group 2 is the control group related to daily ordinary goal achievement. 80 college students were assigned to each group, respectively. The empirical study for each of the two groups was performed respectively by means of questionnaire survey. In the experimental group, t-test was used to verify the hypotheses for the empirical study. In the circumstances of the control group, t-test was also used to examine whether the results were same as those shown from the analysis of experimental group data or not. Results - According to the group 1 and 2, the t-test of the empirical study showed that entity theorists tended to attribute the achievements of goals to their traits more than incremental theorists did, whereas the incremental theorists tended to attribute achievements of goals to their efforts more than entity theorists did in the important goals-achieved circumstance. In the circumstance of daily life goals-achieved, additional questionnaire survey and analysis were conducted, however, there was no difference between incremental and entity theorists in regard to attributing realization of goals to their efforts, and it leads to assess the difference in the meaning of invested efforts between important goal and ordinary goal achievement. Conclusions - Considering that the feeling of consumers has been regarded as one of the significant factors in marketing mix management, the results of this study are considered as significant implications for management. The implications can be said that when incremental consumers feel authentic pride in the important goals-achieved circumstance, marketers are requested to emphasize the fact that the efforts of consumers have contributed to realization of the important goals. By contrast, when consumers feel hubristic pride in both circumstances, marketers are requested to approach to entity-oriented consumers by way of trait. Authentic and hubristic pride are pervasive and engendered by important events or daily routines, and they could have effect on delaying making decisions. Therefore, it is necessary for future research to examine the unexplored difference of effect between incidental authentic and hubristic pride on consumer's self-control. In particular, future researches are related to the extent of difference in attributing efforts and traits. The consumers'realization for the previously pursued goals between entity theorists and incremental theorists affects their present or long distant decisions in self-control dilemmas. The consumers are faced with choosing one between virtuous long term- related option and vice immediate option.

• Journal of Korea Port Economic Association
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• v.20 no.1
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• pp.95-122
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• 2004

This study focuses on analyzing the potentiality of economic integration and the changes in logistics circumstances in Northeast Asia. So far as the changes in logistics circumstances in it, it is emphasized a complex transport system by sea and by land, according to the connection with the Railroad of South-North in Korean Peninsula and the Railroad of the Continent of Siberia. It first considers the propriety of economic integration among Korea, China and Japan in Northeast Asia. The first stage of the economic integration in Northeast Asia means it is started from contracting of FTA(Free Trade Agreement) which just agreed at the Summit Conference among Korea, China and Japan in ASEAN＋3(Korea China. Japan). At that time, the Summit Conference between the three countries have agreed to study on the propriety of FTA charging by own country's research organization. At first China has been hesitated to join with FTA in spite of high growth in his economy, because the time is not yet for it. After all, China also decided himself to participate to FTA together with Korea and Japan by reacted to the stimulus at the conference atmosphere between every country of ASEAN. The discussion on the changes in logistics circumstances also is needed to deal simultaneously with a situation in the economic integration in Northeast Asia. It is worthy to be paid our attention to the restoration of the Railroad of South-North in Korean Peninsula, which was disconnected for a long time from the dispute between South Korea and North Korea. Therefore, it needs to be investigated together with the movement of economic integration in Northeast Asia. The reaction on the restoration of the Railroad of South-North in Korean Peninsula is not only limited to the transport of trade cargo between South Korea and North Korea, but also it is reached to all of Northeast Asia, so far as to all of the area of Russia, Europe, and the other neighbor countries. Because this railroad is connected with the Railroad of the Continent of Siberia. The transport of trade cargo in Northeast Asia have been mostly depended upon the transport by sea until now. However, it would be divided into the transport by sea as well as by land from now. As its economic effect, the restoration of the Railroad of South-North in Korean Peninsula could be not only contributed to reduce the cost of logistics within South Korea and North Korea, but also within or without in Northeast Asia, Russia, and Europe. Consequently, it could be improved the power of international competitiveness of goods in Northeast Asia, according to the formation of a complex transport system together with the transport by sea and by land.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.197-224
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• 2020

This paper reviews and criticizes some issues as to the case of A and Others v. Finnair Oyj [2020] Case C-832/18 by examining EU Regulations and practical point of views. Under this case, the travellers brought an action against Finnair in light of the Air Passenger Regulation12, seeking compensation for both the first cancelled flight, and the delayed re-routed flight. Finnair had paid the first compensation, but refused to grant the second claim, arguing that the regulation did not set out that passengers were eligible for a second claim in those situations, and that the delay of the second flight was a consequence of 'extraordinary circumstances' under the regulation. The Court of Appeal in Helsinki has asked the CJEU whether an air passenger is entitled to a further compensation where a re-routed flight they have agreed to take is delayed, where both the original and rerouted flight are operated by the same air carrier. The CJEU held that the regulation does not in any way limit the rights of passengers where they find their flights being re-routed. As such, under earlier CJEU case law, the relevant travellers here were entitled to compensation for cancellation of the first flight and delay of the second flight. It also disagreed with Finnair's assessment that the technical failure in the re-routing flight was a matter of extraordinary circumstances.

• Journal of the Korean Graphic Arts Communication Society
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• v.21 no.2
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• pp.43-53
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• 2003

As information-communication network has been developed rapidly, internet users' circumstances also have been changed for the better, in result, more information can be applied than before. At this moment, there are many differences between real color and reappeared color on the CRT. When we observe a material object, our eyes perceive the multiplied form of light sources and nature spectral reflection. However, when the photographed signal is reappeared, illumination at that time of photographing and spectral reflection of a material object are converted into signal, and this converted RGB signal is observed on the CRT under another illumination. At this time, RGB signal is the reflected result of illumination at that time of photographing Therefore, this signal is influenced by the illumination at present, so it can be perceived another color. To accord the colro reflections of another color source, the study has been reported by S.C.Ahn$^{[1]}$, which study is about the color reapperarance system using neuron network. Furthermore, color reappearing method become independent of its circumstances has been reported by Y.Miyake$^{[2]}$. This method can make the same illuminations even if the observe circumstances are changed. To assume the light sources of observe circumstances, the study about color reappearing system using CCD sensor also have been studied by S.C.Ahn$^{[3]}$. In these studies, a population is fixed, first, on ab coordinates of CIE L${\ast}$a${\ast}$b${\ast}$. Then, color reappearing can be possible using every population and existing digital camera. However, the color is changed curvedly, not straightly, according to value's changes on the ab coordinates of CIE L${\ast}$a${\ast}$b. To solve these problems in this study, first of all, Labeling techniques are introduced. Next, basis color-it is based on Munsell color system-is divided into 10 color fields. And then, 4 special color- skin color, grass color, sky color, and gray-are added to the basis color. Finally, 14 color fields are fixed. After analyzing of the principle elements of new-defined-color fields' population, utility value and propriety value are going to be examined in 3-Band system from now on.

• Proceedings of the Korean Institute of IIIuminating and Electrical Installation Engineers Conference
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• 1991.10a
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• pp.11-13
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• 1991

The purpose of this study is to investigate the actual condtions of illumination circumstances in living room and the evaluation of residents. The investigation has been carried out in the house at deagu city. The investigation was conducted at two term of 1985 and 1991 years.

• Proceedings of the SAREK Conference
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• 2005.06a
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• pp.230-230
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• 2005

• Proceeding of EDISON Challenge
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• 2014.03a
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• pp.495-497
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• 2014

Combining the quantum transport theory with new field of Spin Caloritronics, we investigate on the influence of thermal gradient on the magneto tunnel junction structure under various circumstances. The results indicate enhancement in performance of spintronic device is possible using thermal energy.

• Journal of the Korean Data and Information Science Society
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• v.16 no.2
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• pp.263-270
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• 2005

The reliability guarantee insurance policy for parts and materials was introduced to the market in 2003. This policy indemnifies manufactures for the repair/failure costs, recall expenses. In this paper, owing to the nature of the policy, we propose a new rate-making system considering the type of product and industry, quality control circumstances, record of guarantee performance, and exposures.

• Applied Microscopy
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• v.36 no.spc1
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• pp.9-17
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• 2006

An interface and a grain boundary in the solid state can be quite unstable and vibrate violently under special circumstances. Two examples of such a vibration, as observed by in-situ transmission electron microscopy, were presented.