• 무역상무연구
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• 제43권
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• pp.25-52
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• 2009

An acceptance is effected by a statement or other conduct of the offeree indicating assent. Silence or inactivity does not in itself amount to acceptance. An acceptance of an offer becomes effective at the moment the indication of assent reaches the offeror. It uses in stating rules on whether an acceptance is too late to form a contract and an offeree may withdraw an acceptance after transmission. The offeree may indicate assent by performing an act such as one relating to the dispatch of the goods or payment of the price without notice to the offeror. The acceptance by action also is to be performed within the time fixed between the parties or within a resonable time. However, an oral offer must be accepted immediately by an offeree. After an acceptance by action, the offeree avoid revocation of an offer by giving the offeror prompt notice to that effect. Even if a reply an offer contains additions, limitations or other modifications is a rejection of the offer and constitutes a counter offer, the reply to an offer contains additional and different terms which do not materially alter the terms of the offer constitutes an acceptance unless the offeror objects to the discrepancy or to that effect. Additional or different terms relating to the price, payment, quality & quantity of the goods, time & place of delivery, a party's liability or the settlement of disputes are considered to materially alter the terms of the offer.

• 무역상무연구
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• 제63권
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• pp.3-24
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• 2014

This paper focuses on the formation of contract under CISG through the case by the Korean court. Under the CISG, an offer means that a proposal for concluding a contact constitutes the offer, if it is sufficiently definite and indicates the intention of the offeror to be bound in case of acceptance. An acceptance is statement made by or other conduct of the offeree indicating assent to an offer, and this statement purports to be an acceptance but contains additional or different terms which do not materially alter the terms of the offer constitutes an acceptance. In practice, parties negotiate for lots of contract terms to conclude the contract, and the last reply indicating of assent which is made by statement or other conduct to a proposal for concluding a contract would be an acceptance. At this time the most important factor is the intention of parties whether they intend the offer or the acceptance, Purchase order by buyer or Offer Sheet by seller would be understand as condition precedent for the formation of contract. Nevertheless, keep in mind that the Korean court is consistent in the way Purchase order by buyer or Offer Sheet by seller is an acceptance to conclude contract.

• 정보처리학회논문지D
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• 제11D권3호
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• pp.731-740
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• 2004

본 논문에서는 상거래에 참여한 구매자와 판매자가 협상을 통하여 서로의 이익을 보장하면서 합의를 도출 할 수 있는 협상 에이전트 시스템을 제안하였다. 제안 시스템은 기존의 협상 에이전트 시스템에 기계 학습을 적용함으로써, 학습 에이전트의 도입이 협상의 효율성에 어떤 영향을 미치는지 고찰하고자 하였다. 구매자 및 판매자 에이전트는 상품의 다중 속성을 고려하여 협상을 수행하며, 구매자와 판매자의 이익은 Multi-Attribute Utility Theory를 이용하여 표현하였다. 본 연구에서 제시된 학습 가능한 협상 에이전트는 Faratin이 제안한 협상 시스템의 제안 생성(counter offer) 과정에 인공신경망을 통한 점진적 학습 기업을 추가함으로써 협상의 효율성을 증가시키는데 목적이 있다. 점진적 학습기법을 이용한 협상 에이전트 시스템의 경우, 동일한 협상 조건 하에서 상대방 제안과의 유사도(similarity)를 바탕으로 제안을 생성하는 기존의 다른 협상 에이전트 시스템과 비교하였을 때 좋은 협상 결과를 보여 주었으며, 협상 수행시간에 있어서는 매우 빠른 성능을 보여주었다. 따라서 협상 결과 및 협상 수행 시간을 동시에 고려하였을 때 기존의 협상 시스템에 비하여 효율적인 협상 능력을 보여 주었다.

• 무역상무연구
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• 제69권
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• pp.1-22
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• 2016

This study primarily concerns the cases recently held as to the formation of contract under the CISG. In order to put forward the most plausible direction to interpret the rules on the formation of contract under the CISG, it particularly deals with the followings. First, it scrutinizes the rules on the formation of contract, focusing on the requirements of offer and acceptance, the time when such offer and acceptance become effective, the issues on the battle of forms. Second, it introduces two recent interesting cases regarding the formation of contract and provides legal and practical advice to the contracting parties when they intend to conclude a contract under the CISG as a governing law. The followings are practical points that the parties should consider when they enter into contract. First, as any signature or intial made in the offer could be regarded as an acceptance, the parties are required to clarify the meaning of such signature or initials before the conclusion of contract. Second, it is not necessarily required one's signature for an offer to become effective but his name. Third, standard terms cannot be incorporated into the contract simply by reference to web-page or other documents. In order for such terms to be incorporated, it may be necessary to enclose them in the offer or to bring the other party's attention to them. Forth, one should remember that an acceptance by act become effective not when such act is complete, but when it is performed.

• 무역상무연구
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• 제61권
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• pp.57-90
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• 2014

International sales contract, in general, is concluded through the exchange of written forms which contain each of their own business terms and conditions among the contractual parties. To illustrate, A sends the other an offer on A's general terms and conditions of business and B accepts the offer subject to the use of B's own general terms and conditions. Where the two sets of terms and conditions do not coincide, the question may arise whether the parties(A and B) have contracted and, if so, whose general terms and conditions apply. This situation is referred to as "the battle of forms". This article would try to make, in terms of the battle of forms, a comparison between the classical perspectives and opinions which are based on the principle of the English Common Law and the modernistic perspectives and opinions which are applied to the provisions in the UCC, CISG, and PICC. Therefore, the aim of this article is to provide the increase self-consciousness with respect to the battle of forms between the contractual parties that may frequently happen in the international business transactions and will pave the way for further research in the future.

• 무역학회지
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• 제41권4호
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• pp.21-40
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• 2016

본 연구는 최근 구매주문서 발송을 조건으로 한 매도인의 승낙을 주요 이슈로 하는 CISG상 판례가 있어 이를 소개하고 심층 분석한 논문에 해당한다. 이러한 분석을 위해 CISG상 계약의 성립 관련 조항을 청약과 승낙으로 나누어 고찰하고, 특히 이 판례의 주요 이슈가 되고 있는 대응청약과 승낙의 요건 및 연착된 승낙의 인용 관련 조항을 주로 고찰하였다. 이와 더불어 판례의 분석과 CISG상 관련 조항의 분석을 통해 CISG를 준거법으로 하여 국제물품매매거래에 임하는 거래 당사자들이 유의하여야 할 실무적 시사점을 도출하였다.

• World Technopolis Review
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• 제1권1호
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• pp.27-41
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• 2012

The science and technology park movement has been developing for over 60 years. The first developments simply relied on the co-location of tenant companies and the park's host to encourage technology transfer. This is in contrast with their modern counter parts which offer a range of active links between tenant companies and host organisations as well as a raft of business development services to support technology commercialisation. Many of these sites have also become important centres in regional innovation plans. In these cases they are supported by a range of local, regional and national policies that are aimed at establishing a business, technology and social environment which support innovation. The paper examines both the business development programmes developed by science and technology parks to support technology commercialisation and the macro conditions that are now being developed to support innovation.

• Journal of Computing Science and Engineering
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• 제5권3호
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• pp.257-268
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• 2011

Machine learning and data mining have found many applications in biological domains, where we look to build predictive models based on labeled training data. However, in practice, high quality labeled data is scarce, and to label new data incurs high costs. Transfer and multitask learning offer an attractive alternative, by allowing useful knowledge to be extracted and transferred from data in auxiliary domains helps counter the lack of data problem in the target domain. In this article, we survey recent advances in transfer and multitask learning for bioinformatics applications. In particular, we survey several key bioinformatics application areas, including sequence classification, gene expression data analysis, biological network reconstruction and biomedical applications.

• 유통과학연구
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• 제3권1호
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• pp.23-42
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• 2005

The service offer expectation and the desire of customers to a large-sized rate influence store also increase as a result of such environmental change. the counter where research of a book was upgraded from differentiation pursuit by competition between business condition in business condition in the case of the domestic rate influence store which has put the focus on service strengthening The work shrine which cannot reach here the competition predominance in the domestic market it will be hard coming to secure, when environmental change of inside large-sized rate influence store industry is taken into consideration The research which tried to receive customer service failure recovery carried out actual proof analysis in the influence to which fair nature lateness of a customer attains to the re-purchase intention to this store of customer satisfaction and future by service recovery process for an object in the customer who held service failure recovery experience in the domestic large-sized rate influence store.

• Journal of information and communication convergence engineering
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• 제8권6호
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• pp.677-681
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• 2010

This paper proposes a transmission probability control scheme for enhancing the performances of FSA-based RFID system. In order to maximize the system performance, the number of tags attempting to transmit their identifiers in a frame should be kept at a proper level. The reader calculates the transmission probability according to the number of tags within the identification range of reader and then broadcasts it to tags. Tags, in which their slot counter values reach to zero, attempt to transmit their identifiers with the received probability. Simulation results show that the proposed scheme can offer better throughput and delay performance than the conventional one regardless of the number of tags.