• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.377-401
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• 1999

This study is focused on the privity of the contract of carriage of goods by sea, so to speak, privity between B/L holder and carrier by transfer of bill of lading, privity by attornment to delivery order and conflict between bills of lading and charterparty terms. Under a CIF contract, possession of the bill of lading is equivalent to possession of the goods, and delivery of the bill of lading to the buyer or to a third party may be effective to pass the property in the goods to such person. The bill of lading is a document of title enabling the holder to obtain credit from banks before the arrival of the goods, for the transfer of the bill of lading can operate as a pledge of the goods themselves. In addition, it is by virtue of the bill of lading that the buyer or his assignee can obtain redress against the carrier for any breach of its terms and of the contract of carriage that it evidences. In other words the bill of lading creates a privity between its holder and the carrier as if the contract was made between them. The use of delivery orders in overseas sales is commen where bulk cargoes are split into more parcels than there are bills of lading, and this practice gives rise to considerable difficulties. For example, where the holder of a bill of lading transferred one of the delivery orders to the buyer who presented it to the carrier and paid the freight of the goods to which the order related, it was held that there was a contract between the buyer and the carrier under which the carrier could be made liable in repect of damage to the goods. The contract was on the same terms as that evidenced by, or contained in, the bill of lading, which was expressly incorporated by reference in the delivery order. If the transferee of the delivery order presents it and claims the goods, he may also be taken to have offered to enter into an implied contract incorporating some of the terms of the contract of carriage ; and he will, on the carrier's acceptance of that offer, not only acquire rights, but also incur liabilities under that contract. Where the terms of the charterparties conflict with those of the bills of lading, it is interpreted as below. First, goods may be shipped in a ship chartered by the shipper directly from the shipowner. In that case any bill of lading issued by the shipowner operates, as between shipowner and charterer, as a mere receipt. But if the bill of lading has been indorsed to a third party, between that third party and carrier, the bill of lading will normally be the contract of carriage. Secondly, goods may be shipped by a seller on a ship chartered by the buyer for taking delivery of the goods under the contract of sale. If the seller takes a bill of lading in his own name and to his own order, the terms of that bill of lading would govern the contractual relations between seller and carrier. Thirdly, a ship may be chartered by her owner to a charterer and then subchartered by the chaterer to a shipper, to whom a bill of lading may later be issued by the shipowner. In such a case, the bill of lading is regarded as evidencing a contract of carriage between the shipowner and cargo-owners.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.429-460
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• 1999

The letter of credit is quintessentially international. In the absence of international legal system, a private system based on banking practices has evolved, commanding the adherence of the international letter of credit community and providing the foundation of th reputation of this instrument. To maintain this international system, it is vital that international standard banking practice should not be subject to local interpretations that misconstrue or distort it. The UCP is a formulation of international standard banking practice. It is neither positive law nor a "contract term" in any traditional sense and its interpretation must be consonant with its character as a living repositary of international understanding in this field. As a result, the interpretation and application of specific articles of the UCP must be consistent with its evolving character and history and with the principles upon which sound letter of credit practice is predicated. This study, especially, focuses on article 13 and article 14 of the UCP500. Article 13(b) of UCP500 stipulates that banks will have a reasonable time, not to exceed seven days, to examine documents to determine whether they comply facially with the terms of the credit. The seven-day provision is not designed as a safe harbor, because the rule requires the issuer to act within a reasonable time. But, by virtue of the deletion of the preclusion rule in the document examination article in UCP500, however, seven days may evolve as something of a safe harbor, especially for banks that engage in strategic behavior. True, under UCP500 banks are supposed to examine documents within a reasonable time, but there are no consequences in UCP500 for a bank's violation of that duty. It is only in the next provision. Courts might read the preclusion more broadly than the literal reading mentioned here or might fashion a common-law preclusion rule that does not require a showing of detriment. Absent that kind of development, the change in the preclusion rule could have adverse effects on the beneficiary. The penalty, strict estoppel or strict preclusion, under UCP500 and 95UCC differs from the classic estoppel. The classic estoppel rule requires a beneficiary to show three elements. 1. conduct on the part of the issuer that leads the beneficiary to believe that nonconforming documents do conform; 2. reasonable reliance by the beneficiary; and 3. detriment from that reliance. But stict preclusion rule needs not detrimental reliance. This strict estoppel rule is quite strict, and some see it as a fitting pro-beneficiary rule to counterbalance the usually pro-issuer rule of strict compliance.

• Journal of the Korea Institute of Building Construction
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• v.10 no.5
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• pp.55-67
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• 2010

The main purpose of this study is to develop a system and data model extracted from the TO-BE process model of rental apartments to promote information exchange based on knowledge obtained through maintenance status analysis. Currently, it is difficult to find examples suggesting a data model through a process analysis of maintenance in rental apartments. Thus, this study intends to suggest a process as well as a data model to promote the development of a maintenance system for rental apartments by using building management knowledge, utilization of standardized tools, and existing FM (Facility Management) techniques to break through limitations in actual application. Ultimately, this study aims to show examples of document-oriented analysis and information technology for middle managers in charge of the maintenance of rental apartments, as well as work analysts developing the maintenance system. In further research beyond this study, complex issues on the maintenance of rental apartments, legal restrictions on customary practices of maintenance activities, effects of the scales of maintenance practices, requirements to perform maintenance activities, evaluation on the status of maintenance, life cycle cost and risks will be investigated.

• Korean Journal of Construction Engineering and Management
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• v.2 no.3 s.7
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• pp.92-100
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• 2001

The architectural drawing, construction project specification, etc. are included in the contract of a documents. However, construction project specification, for being documentation, is not utilized to such an extent. The reason is that specification information is difficult in collecting information in relation to the architectural drawing, material finishing list and other architectural information. Therefore, an integrated model, which can be associated with other architectural information, is needed, and a DB based on this integrated model must be established in order for it to be utilized in design, construction, and management. The DB, which is established through this process, must be updated according to modification in design, and construction. Furthermore the specification must be in document on the web for reference. Consequently in this research, the structure of integrated model has been introduced, and it has made the search and preparation of the integrated model on the Internet, using the specification information DB established for the mutual reference of DB, possible. The improvements of construction project specification standards are expected by this system. Also, it will bring about Improvements upon claim prevention, and design, construction, management qualities. Furthermore, it will make the use of information more convenient in practical business such as order agency, design service and building site.

• Journal of the Korean Institute of Landscape Architecture
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• v.33 no.3 s.110
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• pp.78-83
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• 2005

The purpose of this project is to create small parks in elementary schools in order to improve the educational environment and also to increase the amount of greenspace in the city. Above all, the main goal is to create space for local residents in which they can enjoy their leisure time. During a basic investigation and document investigation of elementary schools in Daegu, I placed the priority on choosing the schools that showed the most promise. Also, by doing a survey about the present conditions at schools, I verified, compared, and analyzed the validity of creating small parks in elementary schools. The summary of the results are as follows. The average area available for building small parte in Daegu elementary schools is $7,447m^2$. Even though this area is not as large as a neighborhood parti the difference is not that great. Therefore, I assumed that building small parks in schools would be as effective as building neighborhood parks. The standard size for a children's parks is $1,500m^2$, and if small parks were to be constructed in all school areas with available space larger than a children's park (i.e., larger than $1,500m^2$), the amount of added park greenspace would equal $1,217,953m^2$. The number of schools with areas under $1,500m^2$ is only 3% of all schools in which small parte can be created(5 schools). Schools that have between $1,500m^2$ and $8,000m^2$of greenspace make up 59.7% of all schools in which small parte can be created (98 schools). Schools that have greenspace of more than $8,000m^2$ make up 37% of all school in which small parks can be created (61 schools). The standard area for neighborhood parte is $10,000m^2$ (building-to-land ratio 20%). Schools that have areas that are larger than the standard area for neighborhood parte make up 31% of all elementary schools in Daegu (61 schools). Therefore city greenspace would increase to a total of $694,805m^2$ by making use of these schools, which would represent 7% of the park greenspace in Daegu.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.19 no.9
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• pp.20-29
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• 2018

Owing to the changing climate and recent flood events, flood damage caused by river levee collapse and overflow is on the rise in Korea, making it necessary to enhance river levee maintenance technologies to deal with various flood damage scenarios. This paper proposes the evaluation system of a river-levee safety map to improve maintenance efficiency and disaster responsiveness. A river-levee safety map, indicating sliding, piping, visual inspection, scouring, and safety index of a levee fill material on a GIS map will enable the dangerous zone to be identified visually and the development of proactive measures to deal with it. This will maximize the river-levee maintenance efficiency, which is a break from traditional practice in that restoration measures are taken only after the damage has occurred. This study includes scouring and levee fill material in addition to previously-proposed sliding, piping and visual inspections. The research activities conducted in the study include 1) categorization of scouring and levee fill material based on document and data examination, 2) evaluation of sliding and piping at 5 locations on the left levee in the Nam river according to the duration time of the flood water level, and 3) evaluation of the characteristics of scouring and levee fill material at 9 locations on the left/right levee in the Nam River. The river levee safety map proposed in this study would be more useful and practical but further study on the manual for river management organization, repair and reinforcement methods, and budget is required.

• Journal of the Korean Institute of Intelligent Systems
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• v.21 no.4
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• pp.414-422
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• 2011

IR (Information Retrieval) systems have the methods that compare relationships between query and index to identify document that may be fit to the user's query keyword. However, the methods usually ignore the importance of relations that are not expressed in the query. Therefore, in this study, we describe how to refine the queries' relation from keyword and to reveal the hidden intent. A useful relationship between query and keyword in IR wth studied and we classified the tion fromrelation. Firstfromall, we did researchmrelated on semantic relationship and ontolhiical researchmin foreign and domestic research, and also analyzed semantic network practices, information retrieval technolhiy, extracted and classified the tion fromrelationships s' relasite's real-world datamin whichminformation retrieval technolhiin fare applied. Next, we souiht to solve the problems occurred frequently i' relasituation that searchers tioically face. I' relacurrent search technolhiy, the mesh searchmresult fare poured by simply comparn ina query with index terms. Therefore, the need for an intelligent search fittn inusers' intent is required. The relationships between two queries to re hiddee and identify relasearcher's intent have to be revealed. By analyzn inthe practical cthes s' queries and classifyn inthem into nine kind fromrelationship tion, we proposed the method to design relation revealn inand role namn i, and we have also illustrated limitations of that methods.

• Journal of Conservation Science
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• v.28 no.2
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• pp.165-173
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• 2012

In this work, scientific and systematic analysis was conducted for finding out the methods and techniques of ancient ink stick making. Analysis the ancient ink stick on ancient documents and wooden writing as letter or painting, we concluded as followings. From the analysis of ancient wood by dendrochronology, wood was cut at 1899, which provided the information on the year of ink stick's made on writing on ancient wood. Single particle size for soot of ancient ink stick was 107 nm for ink on the roof-filling timber in Sinsunwonjeon of Changdeok Palace, compared to 38 to 86 nm on the letter on ancient 12 paper document. Aggregate particle size was 370 nm for ink on the roof-filling timber in Sinsunwonjeon of Changdeok Palace, but 206 to 318 nm for aggregate particle size on 12 paper documents. There was similar pattern between single particle size and aggregate particle size of soot, which might provide the information of raw material for ancient ink. From infra-red and Raman spectroscopic analysis of sheet of writing on paper or wood, there was severe interference from background material (paper or wood). From Raman spectroscopic analysis of ancient ink carefully separated from ancient wood, spectrum pattern was closer to ink stick made by the soot from pine burning.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.18
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• pp.105-134
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• 2002

In the Spring of 2000, the Banking Commission of the ICC decided to appoint a working group to draft a supplement to the UCP 500 to clarify the position regarding electronic presentation under a documentary credit. Provisions was drafted to supplement its existing rules for documentary credit, that is, UCP 500. These new provisions known as Supplement to UCP 500 for Electronic Presentation was approved by the ICC Banking Commission at the beginning of November 2001 and came in force as of 1 April 2002 The eUCP covers matters such as definitions of key terms such as electronic record, electronic signature, format, paper document, received. An eUCP Credit must specify the formats in which electronic records are to be presented and if not, electronic records may be presented in any format. Electronic records may be presented separately and need not be presented at the same time. The purpose of this paper is to understand the main substance of eUCP and to facilitate the introduction of electronic letter of credit by studying the problems and revision of eUCP and new electronic UCP. The main substances of eUCP are electronic address as place for presentation of electronic records, flexibility of the formats of electronic records to be presented, endowment of the notice of completeness of presentation to the beneficiary, one electronic record satisfying one or more originals or copies of an electronic record, the electronic records to be examined including the electronic record at the hyperlink to an external system or the referenced system, no remark as to the time period for the examination of documents. The Roles of eUCP are the Promotion of the Electronic Trade, the Supply of Basis on the Uniform Rules for Electronic Letter of Credit, the introduction of Electronic Trade Model. The characteristics of eUCP are a supplement to the UCP, no address of any issues relating to the issuance or advice of Credit electronically, independence of specific technologies and developing electronic commerce system, that is, Bolero Service. The Problems of eUCP are flexibility of format of electronic record, heavy burden on the side of banks, and the problems regrading the number of presentation, the notice of completeness of presentation, no provision in regard to the time to examine the electronic records, and representation of the electronic records. In the revision of eUCP to resolve the problems, the things to be taken into consideration are as follows; the designation of the format allowing the banks to examine electronically, prohibition of the paper documents, the development of the system receiving the electronic records, the addition of the reception notice on the side of the banks, the setting of the time to examine the electronic records, the construction of the backup system or the dual processing system.

• Journal of The Korean Association For Science Education
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• v.36 no.4
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• pp.629-641
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• 2016

Understanding of how teachers change instruction can help predict what kind of educational materials is supportive or appropriate. On the basis of this idea, we explored elementary teachers' PCK progression on specific topics of astronomy: planet size and distance in solar system. To identify the development of PCK over time, we utilized learning progression (LP) as a conceptual framework. The progression of teacher PCK can also be illustrated as the hypothetical pathway from novice to expert like LP. Eight 5th grade elementary teachers participated in this study. We observed participating teachers' astronomy classes with the same topic. In order to document topic-specific PCK of participating teachers, we developed an analytic protocol consisting of four categories: knowledge of curriculum, knowledge of teaching strategies, knowledge of assessment, and astronomical thinking practice. In addition, we monitored the changes in the four participating teachers' PCK for two years in order to validate the evidences of the PCK progression. Participating teachers in this study took some intervention by attending a four-week pre-meeting with the researchers to profile an adaptive instruction. Through this research, we profiled four and five different levels of PCK progressions in three knowledge components (curriculum, teaching strategies, student assessment) and one astronomical thinking practice (systems thinking), respectively. Participating teachers demonstrated various levels and pathways in each component of PCK. This study released the empirical evidences in fostering instructional scaffolding, which is appropriate to the level of PCK of science teachers on specific topic.