• Title/Summary/Keyword: Comprehensive clause

Search Result 5, Processing Time 0.092 seconds

A Study on Perceptual Characteristics of Facade Design and Composition Elements of Cafe Space (카페공간의 구성요소와 파사드디자인의 지각특성에 관한 연구)

  • Choi, Gae-Young
    • Korean Institute of Interior Design Journal
    • /
    • v.22 no.4
    • /
    • pp.70-77
    • /
    • 2013
  • This study has analysed the composition elements in a cafe space where visual transfer-elements are filled and the perceptual characteristics of facade designs with the purpose of drawing any important elements to advertisement and their related items for uniqueness of designs. For the analysis of the perception process shown in the consecutive situations of observing and visiting cafes, the cafe facade was grouped and stereotyped for the analysis of perceptual characteristics and significant composition elements for better designing of cafes through survey with representative facades as subjects. The conclusions from this study are the followings. First, for the uniqueness specific to cafes to be integrated into facade, memory was chosen first as the most significant advertisement factor followed by interest as with male and attention as with female. The memory has much to do with furniture and finishing material of Clause (4), Chapter 4.1 and the types having effects on perception of Clause (1) and the atmosphere having effect on that of Clause (2) were found to be major factors to attention and interest. Second, it was found out that women preferred horizontally stable partition and men clearly divided facades. The factor of shape was observed first among the constituents of facade followed by color. There was no difference with 'shape' between men and women and color was found to be a space constituent having a lot of effects on women. Third, the memory of experience from visiting a cafe was very likely to offer the motivation of visiting it again, on which furniture had the most effect followed by finishing material and color. Such elevation elements as facade and logo were found not to have effect on the memory or the re-visit. Any intention of visiting again seemed to be influenced by such comprehensive images as atmosphere rather than by any concrete facade, furniture, or appliance. From the above viewpoint, facade design should have any uniqueness or impressive feature as well as the effect of making passers-by drop in and attracting them into the shop. The analysis of attributes of facade constituents revealed that the abstract images in addition to the configuration of facade had much to do with interest or behavior.

A Basic Study on the Maritime Performing Party System and the Difference between the Maritime System and China's system

  • Liu, Xiaoxian;Noh, Chang-Kyun
    • Journal of Navigation and Port Research
    • /
    • v.36 no.4
    • /
    • pp.299-303
    • /
    • 2012
  • "United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea" was passed in July 3, 2008. on September 23, 2009 signing ceremony was held in Rotterdam. The system of maritime performing party is a special system in the transport convention, and constitutes an integral part of the Convention. Maritime performing party system is not the first system which brings in the carrier's independent contractor, but it is the most comprehensive and thorough one. It unified the duty of carrier's independent contractor in the maritime segment, and it is also an important progress in the developing process of international maritime legal system. There are some differences between the maritime performing party and China's current related system, i.e, the port maritime performing party and the intermediate performing party are included in the maritime performing party, and they can enjoy the carrier's exception clause and limitation of liability.

Assessment of Korea's FTAs: Focusing on Trade Remedies Rules

  • Sohn, Ki-Youn
    • Journal of Korea Trade
    • /
    • v.24 no.7
    • /
    • pp.107-124
    • /
    • 2020
  • Purpose - We assess the trade remedies rules in a host of Korea's FTAs to explore the trade policies for the effective implementation of FTA trade remedies rules. Also we develop the strategies of the future FTA negotiations of trade remedies rules. Design/methodology - After we review the key features of FTA trade remedies rules, we examine whether the rules are WTO-consistent or not. Next, we touch upon the WTO-plus characteristics of some provisions. Our main methodology is to compare the trade remedies rules in the numerous Korea's FTAs. Another methodology is to link those rules to the relevant WTO agreements and WTO dispute cases with a view to drawing lessons for trade policies and FTA negotiations. Findings - We find that most of the trade remedies rules are WTO-consistent. Moreover, we find that notification and consultation requirment, mandatory lesser duty rule, explicit prohibition of zeroing method, and public interest clause are WTO-plus. We also find that there are limitiations in the application of some global safeguard exclusion rules because of their non-mandatory nature. Originality/value - While most of previous studies focus mainly on the unique aspects of specific FTAs, our study analyzes comprehensively the trade remedies rules in the various Korea's FTAs. Based on the comprehensive analysis, we figure out the areas to be clarified and improved for the effective implementation of FTAs and the strategies for the future FTA trade remedies negotiations. As a consequence, our paper is expected to contribute to the academic research on FTA policies as well as the national economy.

A Study of the Force Majeure as Immunity by 3rd Party Liability of the Aircraft-Operator -With respect to the German Aviation Act- (항공기운항자의 제3자 책임에 관한 면책사유로서의 불가항력 조항에 관한 고찰 - 독일 항공법상의 해석을 중심으로 -)

  • Kim, Sung-Mi
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.31 no.1
    • /
    • pp.37-62
    • /
    • 2016
  • Two controversial issues exist in interpretation of "Force Majeure" set forth in the Article 931 (4) of the Korean Commercial Code. Firstly, its scope of application is ambiguous. Secondly, there is a concern that the "immunity" under paragraph 1 and "Force Majeure" may overlap each other. "Force Majeure" refers an event resulted from either natural disaster or 3rd-party. Meanwhile, the latter implies relatively extensive and comprehensive meaning and its interpretation may vary depends on law enforcement. In general, the aircraft accident hardly results in damage or loss to the 3rd-party. Additionally, it is worth to review newly enacted clause and to define its applicability. When the 3rd party is suffered from damage or loss incurred by any external act, it is necessary to explicit the concept of the non-contractual liabilities with respect to 3rd party. From the perspective of protecting aviation industries, the commercial aviation operator may be entitled to immunity in respect of claim for damage incurred by the event of Force Majeure. However, this approach is directly opposite to the victim's benefit and protection by the law. Therefore, the priority of the legal protection should be considered. Although the interest of the commercial aviation operator is not negligible, the protection of the law should be favorable to the 3rd party. Otherwise, the innocent party has no right to claim for damage incurred by aviation accident. Another issue is about the possibility of overlapping of the provision set forth in the paragraph 1 and 4. The former states that the liabilities shall be exempted on account of either the unsettled political or economic situation but this clause is inconsistent with the interpretation on Force Majeure under the latter. As argued above, this may include any event resulted from either political or economic account by the external influence of the 3rd party, thus these two provisions are overlapped. Consequently, in order to develop ordinances and guidelines and to ensure an equal protection to both parties, above two issues must remain open for further discussions.

The Legal Study on the Demonstration-on-sea (해상시위의 기본권성과 집시법적용가능성 고찰)

  • Lee Kee-Chun
    • Journal of Navigation and Port Research
    • /
    • v.29 no.3 s.99
    • /
    • pp.235-244
    • /
    • 2005
  • A new type qf demonstrations in the temporal and spacial aspects, such as accidental and unprepared demonstration, urgent assembly, demonstration-on-sea, demonstration-on-highway, and etc., which are not intended in the Law of Assembly and Demonstration, are becoming a social problem Especially, the law on demonstration-on-sea needs to be discussed further because it is not clear if the Law of Assembly and Demonstration is applicable here. If so, how can it be explained logically? Or, if not so, which law should be applied to this context? So far, various theories on demonstration-on-sea have been opposed aggressively vs. submissively. However, it should be guaranteed that the demonstration on sea is one of the constitutional rights based on the self-decision right of demonstration's place. Accordingly, these contents have to be interpreted with a concept of demonstration in Demonstration's law in coordination with the Constitution. Therefore, it is not persuasive that Demonstration's law is analogized, or general police law is applied, to such untypical demonstrations. In addition, taking into consideration a demonstrative function for minority under modem situation of demonstration, it is right to apply the Law of Assembly and Demonstration to the demonstration-upon-sea directly.