• Journal of Korea Trade
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• v.24 no.8
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• pp.101-120
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• 2020

Purpose - The buyer's right to withhold performance is a useful and important self-help remedy to protect himself from the seller's breach of contract, and it is also the coercive means to induce the seller to perform his part of contract. However, the buyer's exercise of such a right often exposes himself to the risk of breaching the contract. This is generally due to his ignorance when he is entitled to the right and also uncertainties inherent in the law. Therefore, the purpose of this paper is to examine what the requirements should be fulfilled before the buyer exercises the right for the seller's actual breach of contract. Design/methodology - In order to achieve the purposes of the study, it executes a comparative study of the rules as to the requirements for the buyer's right to withhold performance for the seller's actual non-performance under the CISG and the CESL. It mainly focuses on performance due, the seller's non-performance, the buyer's readiness to perform and the requirement of notice. Findings - The main findings of this comparative study can be summarized as follows: Although the CISG has no expressive provision for the buyer's general right to withhold performance for the seller's actual non-performance, it may be inferred from the general principles the CISG underlies, synallagmatic nature of the contract. In addition, it can be drawn by analogy from relevant provisions of the CISG. On the other hand, the CESL expressively provides that the buyer has a general right to withhold performance where the seller fails to tender performance or perform the contract. Therefore, it seems that the position of CESL is rather easier and more apparent to allow the buyer to withhold performance for the seller's non-performance. Originality/value - Most of the existing studies on the right to withhold performance under the CISG have centered on the right to withhold performance for an anticipatory breach of contract. On the other hand, there have been few prior studies on the right to withhold performance for the actual nonperformance during a contractual period of performance. Therefore, this paper examined the requirements for the buyer's right to withhold performance under the CISG and the CESL in a comparative way for the seller's actual breach of obligation. In this conclusion, it may provide practical and legal considerations and implications for business people who are not certain about the right to withhold performance.

• Journal of Practical Engineering Education
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• v.11 no.1
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• pp.61-73
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• 2019

Recently the Korean life-long occupational skill development system is undergoing rapid change and innovation on the basis of NCS (National Competency Standards). In order for the NCS-based occupational training system to be successfully established, it is required to be accepted and applied in the higher education. Universities, however, hesitate to adopt NCS-based contracted education programs of the work-and-study cooperative system due to low relevance of university education to industrial needs and absence of the reference operation model for the NCS-based contracted education programs considering Korean small companies' particular needs. This study aims to develop and apply a reference operation model for NCS-based contracted education programs of the university-linked work-and-study parallel system, focusing on the Department of Mechanical Design Engineering of College of Work and Study in Parallel, Koreatech. In addition, several operational guidelines are suggested within the framework of current law and regulations for successful diffusion of the NCS-based reference operation model. The results of this study are expected to contribute to nation-wide proliferation of NCS-based contracted education programs in the higher education and motivating companies and universities to participate in the work-and-study parallel initiatives.

• Journal of Internet of Things and Convergence
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• v.6 no.4
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• pp.27-32
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• 2020

Along with the aging of the population, the number of dementia patients is increasing, and the social and economic burden is also increasing. Currently, the effective way to manage dementia patients is to identify patients with dementia early. However, in rural and island areas where medical staff are scarce, there is a problem that it is difficult to visit a hospital and get an early examination. Therefore, we propose a remote early detection system for dementia to solve the problems. The remote dementia early diagnosis system is a system that allows a patient to receive examination and treatment from a remote dementia expert using remote medical technology based on real-time image communication. The remote early diagnosis system for dementia consists of a local client system used by medical staff at health centers in the island, an image server that transmits, stores and manages images, and an expert client used by remote dementia experts. The local client subsystem satisfies the current medical law's remote collaboration by allowing the patient to use it with the health center's medical staff. In addition, expert clients are used by dementia experts, and can store/manage patient information, analyze patient history information, and predict the degree of dementia progression in the future.

• Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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• v.38 no.6
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• pp.681-688
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• 2020

The Under Space Integrated Map has been constructed consistently from '15 construction projects until the present time in an effort to implement the "ground sinking prevention method" for the purpose of strengthening underground safety management. The constructed Under Space Integrated Map is utilized to provide information to the person in charge at local government through application of the system of underground information based on the administrative network and to deliver this to specialized underground-safety-effects -evaluation organizations through map extraction based on a floor plan. It suffers from a limitation in its practical use, however, since information is only provided, without promoting a separate renewal project. Although in Section 1 of Article 42 in the Special Law Concerning Underground Safety Management the content pertaining to submission obligations of completion drawings related to underground information including change and renewal are stated explicitly in order to solve this problem, submission is not sufficient since a submission window based only on the administrative network is operated. Accordingly, the Ministry of Land, Infrastructure, and Transport constructed an online system for submitting completion drawings, in an attempt to change the method by which entities involved in underground development directly submitted completion drawings. In this study, a DB standard relating to submitting completion drawings was designed and applied in order to construct an auto-renewal system based on submitted completion drawings, which will be extended to cover the range to underground structures hereafter.

• Journal of the Architectural Institute of Korea Planning & Design
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• v.34 no.3
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• pp.45-52
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• 2018

Currently, apartments have become an important research subject for the overall area of politics, economics, and culture as well as urban architectural study. However, there are few analyses of the research trends related to the current interest in the apartment research and prediction of the future changes of an apartment in politics and industry. In this study, the research information related to the apartment has classified, and the changes in the research trends have analyzed. Based on the classified data, the first thesis and dissertation related to the apartment and changes of academic notation have discovered. In addition, future interests and future research directions through Frequency of Appearance, Degree Centrality Analysis, and Betweenness Centrality Analysis of author keywords were predicted. As a result of the analysis, 'Space,' 'Residential Mobility' and 'Apartment Complex' studies were found to be important research topics throughout the entire period. 'Han Gang Apartment,' 'Small Size Apartment,' 'Civic Apartments,' 'Jamsil,' and 'Child' were newly interested topics until 70's era. '(Super) High-rise Apartment,' 'Perception,' 'Jugong Apartment,' 'Housing Environment,' 'Housewife,' 'Apartment Layout,' and 'Busan' were newly interested topics during the 80's and 90's era. 'Apartment Price,' 'Energy,' 'Remodeling,' 'Noise,' 'Resident Satisfaction,' 'Community,' and 'Apartment Lotting-out' were newly interested topics after the year 2000. New concerns for last decade are found to be 'Super High-rise Apartment', 'Remodeling', 'Indoor'(2007), 'Apartment Reconstruction Project', 'Brand', 'AHP', 'Housing Environment'(2008), 'Ventilation'(2009), 'Apartment Lotting-out'(2010), 'Economic Assessment'(2011), 'Cost'(2012), 'Green Building', 'Apartment Sales', 'Law', 'Society'(2013), 'Floor Impact Noise', 'Seoul'(2014), 'Noise'(2015), 'Hedonic Model'(2016). In addition, following research topics are expected to be active in the future: In maturity stage of the research development is going to be 'Apartment Price', 'Space', 'Management of Apartment Housing'; the hedonic model, which is research growth and development stage, is going to be '(Floor Impact) Noise', 'Community', 'Energy.

• Journal of the Architectural Institute of Korea Planning & Design
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• v.34 no.10
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• pp.25-32
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• 2018

The ending of the warranty under the current Multi-Housing Management Act has a lot of problem as it is very disadvantageous to the business entity and it makes hard for the contractor to finish the repair work. It is almost none for the business entity to get the written confirmation of the expiration of warranty liability from the client even though it sincerely completed their warranty obligation. It is because the client asks for the works other than fair repair arising from the defect in the work, such as the upgrade work for the enhancement of the value of their assets and the repair work which the client should take care before it issues the written confirmation of the expiration of warranty liability to the contractor. "So, though there is the law specifying this matter, the parties are relying on the unnecessary civil agreement. This leads to the big social and economic losses. If there is no agreement made between the client and the contractor, that leads to the legal dispute. This research on cases of 10 apartments shows that the types of works which the apartment residents ask for depend on the characteristics and conditions of the apartments and that they ask for various kinds of compensational works. In addition, it was found that there were many cases in which even the civil agreement is not recognized as the ending of the warranty obligation even if the proper procedure is taken for the ending of warranty by the contractor or business entity. If the collateral is to be offered to the client, the contractor would get more hard because there is the additional cost other than the warranty obligation, thus damaging the legal objective of the laws trying to minimize the damage made to the resident of the apartments. It means that the increase in the unnecessary warranty cost would lead to the increase in the selling price of apartment and the ending of the dispute through the civil procedure would make the Multi-Housing Act ineffective.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.29 no.2
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• pp.90-98
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• 2011

This study aims to discuss the characteristics of garden architecture in Italian Renaissance Villa Lante that was constructed by the cardinal in Bagnaia at 16th century through actual survey and analysis of the garden's elements. To do this, it was studied in two ways: Analysis of the present conditions and review historical documents. The results are as follows. First, the buildings, the gardens and the surrounding landscapes are visually connected each other in relations between the topography and the surrounding landscapes. Second, the spatial composition accepted Neoplatonic law of multiple proportions and was influenced by ancient myth and "Liber ruralium commodorum" of Pietro de Crescenzi(1305). Third, the garden's elements consist of plants, buildings and items. In plants, the upper plants are fir tree, cypress and pine tree and the lower plants are english holly, box tree and sweet oleander. The buildings are casino, loggia and terrace. The items are pot, sundial, chair, viewing platform and fountain. The result of this study, the political and social, technical phenomena which constitute construction pattern affected the locational property and the spatial organization of the neighbor on Villa Lante.

• Informatization Policy
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• v.28 no.4
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• pp.54-75
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• 2021

The right to data portability needs to be introduced to strengthen the self-control of data subjects and promote personal data use. However, the right to data portability constitutes a high risk of invasion of privacy of data subjects and may infringe on the property rights of data controllers, so careful and thorough design is warranted. The right to data portability can intensify the concentration and monopoly of personal data, result in problems of overseas transfer of personal data held by public institutions, and enrich only the profits of giant platforms by burdening the data subject with high transfer cost. By contrast, SMEs are more likely to endure a personal data deprivation. From the proposed amendment to the Personal Data Protection Act are raised various legal issues such as. i) Whether to include inferred/derived data, personal data held by public institutions, activity data, sensitive data, and personal data of third parties within the scope of data portability; ii) whether SMEs are included in the data porting organization; iii) whether to exclude SMEs or large platforms from the scope of the data receiving organization; iv) Whether to allow the right to transmit to other data controllers, v) Whether to allow the overseas transfer of personal data held by public institutions, vi) How to safely exercise the right to data portability, vii) the scope of responsibility and immunity of a data porting organization, etc. The purpose of this paper is to propose the direction for legislative action based on various legal issues related to data portability.

• Journal of Korea Trade
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• v.24 no.4
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• pp.49-70
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• 2020

Purpose - The UCP is recognized as the governing law for L/C transactions, but it covers only the general details of the transaction and does not cover all complex practices. In view of this limitation, this paper examines a negotiation transaction which is most actively utilized in L/C transactions via a thorough review of the UCP provisions, analyzes the problems of the negotiation clause in the UCP, and suggests appropriate countermeasures to deal with unnecessary litigation costs. By doing so, the parties involved in the negotiation transaction would be able to avoid financial costs such as having to pay for lawsuits. Design/methodology - The present study first differentiates the general types of L/Cs (e.g., sight payment L/C, deferred payment L/C, acceptance L/C, and negotiation L/C), explains and the Article 2 and Article 12(b) of the UCP 600 where the term 'negotiation' is used, digs into the drawbacks of 'negotiation' occurring under the UCP 600, and discusses solutions to the problems found by analyzing the drawbacks descriptively. Findings - After a review of the UCP provisions on negotiation in detail, several possible problems which may occur in practice were discovered. First, as the UCP stipulates, the negotiating bank will want to delay payment to the maximum extent possible and make payment on the banking day on which the issuing bank reimburses the amount. This may lead the beneficiary towards bankruptcy or put it in financial crisis. Second, when a fraudulent transaction occurs, the negotiating bank can neither request the issuing bank to reimburse nor can it exercise its recourse right against the beneficiary because it has obtained all the rights of the beneficiary by purchasing the documents. Third, there is a practice in which the beneficiary sells the documents to its transaction bank which is not the nominated bank if the nominated bank specified in the credit is located in a third country or the exporter has no relationship with the nominated bank in the credit. In this case, whether to accept this and reimburse the non-nominated negotiating bank entirely depends on the issuing bank's decision even though such practice frequently occurs in Korea. Originality/value - There has been little research effort pertaining to negotiation transactions in detail even though negotiation L/C transactions account for around 70% in world trade notwithstanding deferred payment L/Cs and acceptance L/Cs that are also negotiated in practice. Thus, if the negotiations clause under the UCP 600 provisions were reviewed and the drawbacks of the negotiation transactions most actively used in L/C transactions were identified and examined, specific countermeasures could ultimately help smoothen the operation of L/C transactions and prevent financial losses.

• Journal of Korea Trade
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• v.24 no.6
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• pp.101-114
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• 2020

Purpose - This paper examines the "Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region" (the Arrangement), which became effective on October 1, 2019, calling on courts of mainland China and Hong Kong for reciprocal commitment in support of court-ordered interim measures in aid of arbitral proceedings. Because the Hong Kong courts have granted interim measures in aid of arbitral proceedings seated in and outside of Hong Kong even prior to the Arrangement becoming effective, this paper focuses on the significance of the Arrangement making Hong Kong the first and only seat outside of mainland China from which parties to arbitral proceedings may successfully obtain interim measures to preserve of assets, properties, and/or evidence from Chinese courts to be enforced in China. Design/methodology - The significance of interim measures in international arbitration and the existing circumstances of interim measures in support of international arbitral proceedings in mainland China and Hong Kong are discussed first in this paper. Due to the confidential nature of arbitral proceedings, while the details of applications for interim measures pursuant to the Arrangement cannot be discussed, in examining the implications of the Arrangement, the relevant and necessary information was made available from the Hong Kong International Arbitration Centre, as it is one of the six qualified arbitral institutions under the Arrangement. Findings - This groundbreaking Arrangement provides a mechanism for parties with China-related matters to more effectively resolve their disputes, the opportunity for Hong Kong to become an unparalleled seat of arbitration, and for mainland China to overcome some of its negative perceptions in international arbitration. Because the Arrangement also allows parties to directly apply for interim measures from mainland Chinese courts, parties with China-related matters should take note of this potential bypassing of the procedural hurdle, which usually requires an arbitral institution to submit such applications in China, and make strategic decisions accordingly as may be appropriate. Originality/value - Because the Arrangement is a recent yet a significant agreement calling on courts of mainland China and Hong Kong for reciprocal commitment in support of court-ordered interim measures in aid of arbitral proceedings, this study will provide useful guidance for parties with China-related matters all over the world, especially in light of China's rapid economic growth and extensive and prominent trade relationships in today's world. Parties who foresee the need for interim measures from mainland Chinese courts should designate Hong Kong as their seat of arbitration and select one of the six qualified arbitral institutions under the Arrangement to administer their arbitral proceedings in order to benefit from the Arrangement.