• 한국중재학회지:중재연구
• /
• 제16권1호
• /
• pp.3-44
• /
• 2006

Arbitration, which involves a final determination of disputes, has elements of the judicial process. Although an alternative to formal court litigation, it does not replace it in all aspect, but rather coexists with court procedure as an adjunct and part of administering justice. As the international trade has the basic problems of business managed between the parties of other countries having different laws, customs, cultures, currencies and religions. It has been known that these defects caused the commercial disputes and suspended economic fluence in world economic development through the foreign business. The United Nations launched 'the United Nations Convention on the Enforcement and Recognition of the Foreign Arbitral Awards' in 1958 to give effect to the international commercial arbitration. However, the convention has the limitation in excluding the legal obstacles originated from domestic arbitration systems of every states. As the result, the UN succeeded in making world wide arbitration law named 'The UN Model Law on International Commercial Arbitration' in 1983 and recommended all member countries to accept it to revise their domestic arbitration laws thereafter. Korea revised national arbitration law accepting 100% of the model law in 2000. In this respect korea became to have the international dispute settlement system. Korea will be able to settle more business disputes arisen from the international trade and enjoy the world credibility through the new arbitration system.

• 무역상무연구
• /
• 제12권
• /
• pp.65-84
• /
• 1999

During the past few decades, we have witnessed three approaches to overcome the legal disparities between trading countries: - determining the individual governing law in accordance with the conflict of laws principle; - unifying and harmonizing private international law into uniform rules and substantive laws under the auspices of ICC, UNCITRAL, UNIDROIT and various NGOs ; and - drafting model laws like the UNCITRAL Model Law on Electronic Commerce and promoting member countries to enact them. Against this backdrop, the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the process by which it was adopted, established the benchmark for the unification of commercial law. The CISG, completed in 1980, merged civil and common law concepts and came into force in 1988 after a certain number of countries endorsed the treaty. Besides the CISG, the U.N. Limitations Convention and the UNIDROIT Principles of International Commercial Law, to name a few, have attempted to set cross-border legal norms and standards in the international business transactions. However, since the advent of computer-based commerce, there have emerged all-out efforts to establish uniform rules before national legal systems have been developed. As a consequence, the Model Law on Electronic Commerce has become a specimen legislation covering functional equivalents of paper-based writing and signature. For the credit enhancement exemplified by the Uniform Rules for Demand Guarantees (ICC Publication No.458), the UNCITRAL prepared the U.N. Convention on Independent Guarantees and Stand-by Letters of Credit, which was adopted by the U.N. General Assembly in 1995 but remains still not effective as only two countries have ratified this treaty so far. In this connection, two draft conventions underway at UNIDROIT and UNCITRAL deserve our attention as the probability of unification in the Korean Peninsula is mounting. They are to create security interests for commercial finance in moveable equipment and accounts receivable. The UCC-type security rights are regarded to be useful to enable the North Koreans with limited properties to borrow from the banks.

• 대한기계학회논문집
• /
• 제19권5호
• /
• pp.1190-1201
• /
• 1995

Photoelastic experiment has been restricted by three significant problems such as the problems of modeling for a complicated body, of development of experimental model material, and of residual stress in photoelastic specimen. The residual stress in photoelastic model materials is caused by molding, cutting and time effects, etc.. Especially, large residual stress exists on the interface of photoelastic model material for bi-material. Small residual stress occurred in the photoelastic model materials is usually neglected in the photoelastic experiments. But the residual stress provides some errors in the results of photoelastic experiments. In this paper, the stress optic law which can be effectively applied to the phtoelastic model materials with residual stress is developed. By using this stress optic law, we can obtain good results from isochromatic fringe patterns of photoelastic experiment specimen in which residual stress are involved. The stress optic law can be applied to obtain good results of photoelastic experiment from composite materials or bimaterials.

• 대한인간공학회지
• /
• 제26권2호
• /
• pp.15-20
• /
• 2007

The purpose of this study is to compare assessment techniques for Korean characters entry methods of mobile phones. This study was performed based on survey of relevant existing studies. The assessment techniques were classified into three: 1) predicting entry time using conceptual models such as Fitts' law, Hick-Hyman's law and KLM-GOMS model (conceptual model); 2) counting the number of pressing button(number of pressing button); and 3) measuring performance or rating subjective measures using real mobile phones(real mobile phone). The comparison revealed that the assessment results were different depending upon the techniques used. The results from the conceptual model using only Fitts' law and the number of pressing button were opposite to those from techniques of the real mobile phone and conceptual model using Fitts' and Hick-Hyman's laws. Based on this result and suggestions provided by the literature, it is recommended that for more precisely assessing interfaces of mobile phones such as Korean characters entry method, real mobile phones be used instead of the conceptual models.

• 한국중재학회지:중재연구
• /
• 제17권1호
• /
• pp.117-136
• /
• 2007

Currently, it is the general trend that the party's autonomy principle is applicable in determining the applicable law for the international private law and the international commercial arbitration. The purpose of this article is to make research on the party's autonomy principle for the international commercial arbitral awards. For this purpose ist to analyse regal issue the applicability of the lex mercatoria and the possibility of $d\acute{e}pe\c{c}age$ relating to the party autonomy. In this Article ist dealt with Art. 29 para. 1 of the Korean Arbitration Act in comparison with Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para. 1 of the German Code of Civil Procedure. The Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para. 1 of the German Code of Civil Procedure provides equally. "The arbitral tribunal shall decide the dispute in accordence with such 'rules of law' as chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given State shall be construed, unless otherwise expressed, as directly referring to the substantive law of that State and not to its conflict of laws rules." The term 'rule of law' used to describe the applicability of the lex mercatoria and the possibility $d\acute{e}pe\c{c}age$. Unlike Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para.1 of the German Code of Civil Procedure. Act, Art. 29(1) of the Korean Arbitration Act provides that the arbitral tribunal shall decide the dispute in accordence with the 'law' chosen by the parties as applicable to the substance of the dispute. However the majority view in Korea takes the position that the term 'law' should be interpreted broadly so as to encompass 'rules of law' at UNCITRAL Model Law and the German Code of Civil Procedure.

• 무역상무연구
• /
• 제36권
• /
• pp.111-140
• /
• 2007

This paper intends to review the qualifications of arbitrator, the disclosure of disqualifications by arbitrator, the challenge grounds of arbitrator, and the challenge procedure of arbitrator under the arbitration laws and rules. There are no provisions for the qualification of arbitrator in the UNCITRAL Model Law on International Commercial Arbitration. Under the UNCITRAL Model Law on person shall be precluded by reason of his nationality from acting as an arbitrators. Under the UNCITRAL Model Law when a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties. Under the UNCITRAL Model Law an arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality or independence, or if he does not possess qualifications agreed to by the parties. Under the UNCITRAL Model Law the parties are free to agree on a procedure for challenge an arbitrator. Failing such agreement, a party who intends to challenge an arbitrator shall send a written statement of the reasons for the challenge to the arbitral tribunal within 15 days after becoming aware of the constitution of the arbitral tribunal or any circumstance that give rise to justifiable doubts as to his impartiality or independence. Unless the challenged arbitrator withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge. In conclusion, an arbitrator has a responsibility not only to the parties but also to the process of arbitration, and must observe high standards of conduct so that the integrity and must observe high standards of conduct so that the integrity and fairness of the process will be preserved.

• 무역상무연구
• /
• 제17권
• /
• pp.71-91
• /
• 2002

The purpose of this paper is to examine the viewpoints of the different legal systems for the validity of LD Clause and the possibility of gap-filling function of UNIDROIT Principles in International Sales Contract. The results of comparative study between common law system and civil law system, and between CISG and UNCDROIT Principles is as follows: First, common law system distinguishes LD Clause and Penalty Clause, but civil law system including Korean law does not strictly distinguish the difference between them, provided that the liquidated damages are not grossly excessive. Second, CISG does not concerned with the validity of LD Clause but entrust this matter to the law applicable by virtue of the rules of private international law; conversely the Principles follow similar position of civil law system. The possibility of gap-filling of the Principles is more positive in the case of arbitration than in the case of litigation. On the basis of above study, I also checked the LD Clauses of ICC Model International Sales and the Model Contracts of Korean Commercial Arbitration Board. The LD Clauses of there two Model Contract seem very appropriate and reasonable for the reference in practical application. The appropriate, not excessive, LD Clause will contribute not only to eliminate the burden of proof for the actual damages, but also to enforce both parties to perform their obligations in their contracts. Therefore, When we make contract, we should keep in our mind to insert the reasonable and appropriate LD Clause in the sales contract. If not, so to speak, litigated damages are grossly excessive, the Clause may be invalid in some legal system.

• Advances in nano research
• /
• 제3권3호
• /
• pp.143-168
• /
• 2015

Initiation of crack and its growth simulation requires accurate model of traction - separation law. Accurate modeling of traction-separation law remains always a great challenge. Atomistic simulations based prediction has great potential in arriving at accurate traction-separation law. The present paper is aimed at establishing a method to address the above problem. A method for traction-separation law prediction via utilizing atomistic simulations data has been proposed. In this direction, firstly, a simpler approach of common neighbor analysis (CNA) for the prediction of crack growth has been proposed and results have been compared with previously used approach of threshold potential energy. Next, a scheme for prediction of crack speed has been demonstrated based on the stable crack growth criteria. Also, an algorithm has been proposed that utilizes a variable relaxation time period for the computation of crack growth, accurate stress behavior, and traction-separation atomistic law. An understanding has been established for the generation of smoother traction-separation law (including the effect of free surface) from a huge amount of raw atomistic data. A new curve fit has also been proposed for predicting traction-separation data generated from the molecular dynamics simulations. The proposed traction-separation law has also been compared with the polynomial and exponential model used earlier for the prediction of traction-separation law for the bulk materials.

• 대한기계학회논문집
• /
• 제19권8호
• /
• pp.1810-1821
• /
• 1995

Photoelastic experiment has been used to analyze stress of structure and stress in the vicinity of crack tip etc.. Model experiment such as photoelastic experiment has been restricted by problem of residual stress in the photoelastic model material. They are generated by molding, cutting and time effects etc.. They produce some errors in the results of photoelastic experiment data. In this paper, stress optic law considering residual stress already developed by authors was applied to the stress concentration problem and fracture mechanics. Although the specimen was bad with residual stress, we could obtain good results by using the stress optic law considering residual stress. It was found that the stress optic law of photoelastic experiment could be applied to the stress analysis of bimaterial.

• 전기학회논문지
• /
• 제59권7호
• /
• pp.1309-1313
• /
• 2010

In this paper, we propose a novel guidance law for controlling an UAV(Unmanned Air-Vehicle) to follow a reference line in vertical plane. A kinematics model representing the relative motion of the UAV to the reference line is derived. And then LQR(Linear Quadratic Regulator) theory is applied to the model to derive the VLFG(Vertical Line Following Guidance) law. The resultant guidance law forms a gain-scheduling controller scheduled by a simple parameter $\sigma$ which is a function of the UAV's velocity, axial acceleration, gravity, and the slope of the reference line. Also derived is a stability condition for the $\sigma$ variation based on Lyapunov theory. Simulation results show that the proposed guidance law can be applied effectively to UAV guidance algorithm design.