• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.127-151
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• 2016

UNIDROIT Principles of International Commercial Contracts(PICC) was published in 1994. PICC has been functioned as a guideline of international commercial contracts, an applicable law to govern a contract by the agreement of the parties to a contract, general principles of law and lex mercatoria. In addition, PICC has a role of interpreting or supplementing international uniform law instruments as well as domestic laws, and also has served as a model for national and international legislations. PICC has been accepted as a authoritative source of knowledge of international trade usages of international commercial contracts to the arbitral tribunal rather than domestic court because it excluded the characteristics of hard law at the drafting stage. This article dealt with the rule on gross disparity of validity which fall outside the scope of UN Convention on Contract for the International Sale of Goods(CISG), which has obtained a leading legal position of uniform law in international sales of good. In other words, PICC suggests a series of meaningful solutions to the issue of gross disparity of contract which is the most complicated among legal disputes occurring during the process of conclusion of contact and also extremely different and diverse between legal systems. This article covered the issue of gross disparity of contract at the conclusion of contact and suggested the legal basis of several rules related to the gross disparity by analysing gross disparity rule of PICC. Furthermore, this article suggested legal check points or implication as well as interpretation and evaluation on doctrine of laesio enormis and undue influence or unconscionability. This article also dealt with a comparative analysis with Principles of European Contract Law(PECL) and Common European Sales Law(CESL) which have important legal positions in the area of international commercial contract as well as in terms of close relationship to PICC by linking with recent court or arbitral tribunal rulings.

• Korean journal of communication and information
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• v.50
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• pp.121-142
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• 2010

Can law be combined with television entertainment programs? This paper explores the ways in which law systems and law culture are reflected in and reflect the television legal series. TV legal series, such as legal dramas and infotainment shows, provide platforms for the audiences, who otherwise have few opportunity in real life, to engage with legal systems in societies. Adopting loosely dramatized reality programs, these legal series not only entertain and inform audiences but also educate citizens. This paper combines analyses of theoretical debates on law and television with analysis of TV text. The result shows that , dramatized enactment based on true stories and criminal cases, may have an important ideological role in which fictionalized dramas mask the hard realities and authoritative legal systems. By doing so, TV legal shows play their roles not as mere symbolic representation but as powerful institutions that construct the image of law and reality.

• Journal of the Korean Professional Engineers Association
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• v.34 no.4
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• pp.62-64
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• 2001

As of July 1. 2001, the Law of Information 8t Telecommunication Protection has been compulsory to audit protection status on national information and Telecommunications Infra facilities such as communication, electricity, waterworks, airport, railway, primary facilities of government and the first financial circles. In U.S. institutions, organizations and corporations in each field are trying to prepare for Safe Har-bor agreed on Internet privacy regulation between U.S. and Europe to be effective in 2003. The Safe Harbor was motl-vated by strict European standard. Other countries make privacy and information protection law according to their own interest. Therefore Korean technical experts have to develop the law responding to national interest and public welfare. Besides scientific Held, experts in the field of politic, economy and academy also have to work hard to develop the law.

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.131-155
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• 2011

PICC executes its role as a useful lex mercatoria in the continuously increasing international trade to be adopted as the standard criterion of prevention or dispute resolution. When considering the fact that GISG has not presented results beyond expectation in the past due to hard laws and legal deficiency, PICC, which possesses interpretation and supplementation function, is considered undoubtedly useful particularly in international commercial arbitration. As observed in the previously mentioned analysis on cases accumulated in UNILEX, PICC application and Arbitral tribunal in international contract between parties possess considerably large claim possibility and the number of actual application cases is continuously increasing. The fact that PICC has been composed as maximum common measures of continental and common law systems by traditional comparative legal scholars familiar with international trade can function as the fundamental principle in future global trade activity and can also act as the model law for uniting contract laws of nations. In this aspect, PICC can be evaluated to have considerably achieved enactment purpose of previous intention. However, additional topics that had not been accepted in the revised edition of PICC remain as assignments requiring solution, such as analysis and acceptance problem of comparative law, PR of PICC unfamiliar even to the relative parties of international trade and application in international contract, and absorption problem as model law in various domestic laws.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2018.10a
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• pp.122-123
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• 2018

The purpose of this study is to investigate the problem of installing VR theme park in Korea and to find a solution for it. VR is expected to play a leading role in the fourth industrial revolution as a new industry, but it is a reality that it is hard to feel its value in actual field. This is a reality that can not move one step further because it is trapped in the existing legal network rather than the essence of VR because it sees VR from the existing law frame. Because VR is regarded as an amusement device in the amusement facility and is regarded as a game, the former is applied to the Tourism Promotion Law and the latter is applied to the game industry law. When one content and hardware are applied to both laws at the same time and other regulations are applied to it, it is practically impossible to operate VR properly. In order to solve this problem, it is necessary to revise each law little by little in each law and amend the law that can apply VR itself. This study is expected to contribute to the revitalization of VR industry by presenting the ultimate problems and solutions in creating VR theme parks in Korea.

• The Korean Society of Law and Medicine
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• v.10 no.1
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• pp.39-75
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• 2009

The development of the biomedical science and technology has extended an argument about a status in constitutional law of unborn human life and a protection of the potential human life to that of an embryo and a gamete beyond a fetus. This argument has been focused on whether we should provide unborn or potential human life with human dignity and the right to life that are guaranteed by the constitutional law altogether or separately. If the right to life is given to unborn or potential human life, on what grounds can we restrict this right. Those who argue for the unity of the right to life with human dignity and the inseparability of those two claims that the right to life in itself should be guaranteed absolutely. According to the constitutional law, however, any constitutional right of the human person within the protection of essential part of the right can be compared with each other and restricted with some valid reasons from the legal perspective. This measure is unavoidable in reality because one right can come into conflict with another right frequently. Since fetus and embryo are in a process of developing into the human person, it is difficult to think that they are the same with the human person. For that reason, it is hard to consider that the right to life of fetus or embryo is the same with that of the human person. However, since a fetus has a special status as a potential human person, and an embryo also has a special value as a potential fetus upon an implantation, the right to life of fetus or embryo should be judged differently according to the stage of their development. A study on a constitutional status and protection of a fetus and an embryo is essential because unborn or potential human life is the origin of human person. Therefore, we have to make much account of their right to life and seek the legal respect for their inherent value.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.261-284
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• 2018

The current international legal system does not provide a safeguard against the militarization and the weaponization of outer space. Although the term "peaceful use of outer space" in the 1967 Outer Space Treaty(OST) appears in official government statements or in multilateral space treaties, it is still without an authoritative definition in reviewing national practices. The ambiguous ban on weapons in Article IV of the OST allows countries to loophole on the deployment of other weapons other than nuclear weapons. Meanwhile "Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT)" to Conference on Disarmament (CD) commissioned by the UN General Assembly's Special Session jointly submitted by China and Russia in 2008 and later revised in 2014, attempting to define and prohibit the proliferation of weapons in outer space and provided definitions of prohibited weapons, are opposed by the US on the grounds that currently there is no arms race in outer space. Some experts support a hard law approach in which binding laws aimed at ultimately creating integrated and binding legal instruments in all aspects of the use of outer space should be adopted to regulate the military use of space. However as a temporary measure the soft law guidelines should be developed for the non liquiet, a situation where there is no applicable law. The soft law could be used to create support for the declaration of the treaties and to create international customary law. For example, the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space that regulates the activities of the state in the exploration and use of the universe, and the 1992 Principles Relevant to the Use of Nuclear Power Sources in Outer Space will illustrated. While substantial portions of the former was codified later in the 1967 OST, the latter which, although written in somewhat mandatory terms, have been consistently complied with by states, have arguably become part of customary international law. On November 12, 1974, the General Assembly reaffirmed that the development of international law may be reflected inter alia, by declarations and resolutions of the General Assembly which may to that extent be taken into consideration by the International Court of Justice.

• The Transactions of the Korean Institute of Electrical Engineers D
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• v.53 no.10
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• pp.671-677
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• 2004

This paper presents the design of a now controller for the read/write head of a hard disk drive. The general controller for seeking is the time-optimal control. However if we use only the time optimal control law, this could be vulnerable to chattering effect. To solve this problem, we propose a modified controller design algorithm in this paper. The proposed controller consists of bang-bang control for seeking and sliding-mode control for tracking. Moreover, to test the robustness and stability of control system, a bounded disturbance is selected to maximize a severity index. Simulation results show the superiority of the proposed controller through comparison with time optimal VSC(variable structure control).

• Proceedings of the KIEE Conference
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• 2004.05a
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• pp.26-28
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• 2004

The sliding mode control law provides a robust solution for general control problems. Most real systems which use a portable hard disk drive have to overcome disturbances and model uncertainties for proper operation. The chattering effect caused from unexpected oscillation can make the system be unstable. Therefore, we propose a robust control algorithm for the nonlinear second order systems with model uncertainties and disturbances. The proposed algorithm is designed following a sliding mode and observer based control. Thus the proposed algorithm has more expanded bounded region of control. Simulation results show the robustness of the proposed controller.

• Geomechanics and Engineering
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• v.20 no.5
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• pp.447-459
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• 2020

Based on the literature statistical method, the paper publication status of the isolated working face and the distribution of the rockburst coal mine were obtained. The numerical simulation method is used to study the stress distribution law of working face under different mining range. In addition, based on the similar material simulation test, the overlying strata failure modes and the deformation characteristics of coal pillars during the mining process of the isolated working face with thick-hard key strata are analyzed. The research shows that, under the influence of the key strata, the overlying strata formation above the isolated working face is a long arm T-type spatial structure. With the mining of the isolated working face, a series of damages occur in the coal pillars, causing the key strata to break and inducing the rockburst occurs. Combined with the mechanism of rockburst induced by the dynamic and static combined load, the source of dynamic and static load on the isolated working face is analyzed, and the rockburst monitoring methods and the prevention and control measures are proposed. Through the above research, the occurrence probability of rockburst can be effectively reduced, which is of great significance for the safe mining of deep coal mines.