• 대한토목학회논문집
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• 제38권3호
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• pp.497-503
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• 2018

FIDIC 계약조건을 포함하여, 대부분의 국제건설계약조건에, 시공자들에게 부정적인 영향이나 재정적 부담을 필연적으로 야기시키는 유보금조항이 적용되고 있다. 본 연구를 통해 유보금 조항을 왜 적용하는지를 알아보고, FIDIC 계약조건에 포함된 이행보증과 하자관련 조항 및 계약해지 조항을 조사함으로써 유보금 적용에 대한 적정한 판단을 이끌어 내었다. 결론적으로 FIDIC 계약조건에 포함되어 있는 다수의 계약조건들과 이행보증 및 발주자에 의한 계약해지 조항 등의 내용을 고려할 때, 유보금 조항을 계약에 포함하는 것이 불필요하다.

• 무역상무연구
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• 제23권
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• pp.39-70
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• 2004

On the above, character of Incoterms and CISG, applicability of Incoterms to the principles of interpretation of CISG for contracts terms, and to the regulations of delivery and payment of price in connection with applicability of Incoterms to CISG are discussed. Conclusions are as follows : Although both rules is regulations which have to understand in connection with int'l trades of goods but CISG is a comprehensive substantive law in connection with a whole dealing course. On the other hand Incoterms are detailed substantive law of performance for two important sphere, that is to say, delivery and payment in the field of performance of CISG. According to both rules, letter credit is realizing processes of detailed performance for delivery and payment. As professor of Honnold's opinion, the relationship between Incoterms and CISG is peculiar and complementary. Therefore instead of considering the both from a point of pure legal views which both rules raise many problems that still a wait well consolidated and acknowledged answers, we have th consider the both with L/C system that still constitute a main payment system. Particularly ICC and Uncitral know that they are not only directly and indirectly involved in regulating process of the both sets but also can apply Incoterms to CISG on connection with the use of L/C.

• 무역상무연구
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• 제71권
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• pp.1-36
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• 2016

Unlike continental European legal systems (civil law systems), specific performance in common law refers to an equitable remedy requiring exactly the performance that was specified in a contract. It usually granted only when money damages would be an inadequate remedy and the subject matter of the contract is unique. Thus, under common law specific performance was not a remedy, with the rights of a litigant being limited to the collection of damages. Consistent with the practice in civil law jurisdictions, United Nations Convention on Contracts for the International Sale of Goods (CISG) makes specific performance the normal remedy for breach of a contract for the sale of goods. Therefore, the buyer may require a breaching seller to deliver substitute goods or to make any reasonable repair. Likewise, the sellermay require the buyer to taker delivery of goods and pay for them. Despite this, Article 28 of the CISG restricts the availability of specific performance where it would be unavailable under the domestic law of the jurisdiction in which the court is located. Thus, the CISG's more liberal policy toward specific performance is restricted by common law. There are some legal issues in CISG's specific performance availability by Article 28. This paper analyzes these issues as interpreting Article 28 of CISG, by examining various theories of application to actions for specific performance and comparing CLOUT cases involving CISG Article 28.

• 유통과학연구
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• 제16권1호
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• pp.87-99
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• 2018

Purpose - The Export Infrastructure Strengthening Program(EISP) is a project to expand exports of agri-food products through providing customized export information to food distribution companies and supporting overseas information activities. A total of 39.6 billion won was provided by 2016. So, the purpose of this study is to analyze whether EISP is effective for expanding exports of agri-food products. Research design, data, and methodology - A simple average difference between the export performance of the policy beneficiaries and the non-policy beneficiaries can be biased if the export capacity or inherent characteristics of the enterprise are not taken into consideration. In order to solve the problem of such a bias, the propensity score matching(PSM) method has been employed in this study. PSM is a method of converting the characteristics of an export company into an index through logit analysis and then reducing the matching to one dimension to improve the accuracy of the performance measurement. Results - The balancing test was conducted to determine how the characteristics of the policy beneficiary group and the matched policy non-beneficiary group corresponded to each other. As a result of the test, we could not reject the null hypothesis that there was no difference between the two groups, so that after the matching, the two groups were similar and the explanatory variables were well controlled. Using the nearest neighbor matching with propensity score estimating through logit analysis, we estimated average treatment effect on the treated(ATT). The food companies participating the EISP had the effect of increasing the exports of $ 5.88 million. As a result, the number of export contracts increased by 11.77, the number of exporting countries by 7.52, the number of export items by 47.51, and the number of buyers' consultation by 3.50. And overseas marketing expenses increased by 35.92 million won. Except for the number of export contracts, other export performance results showed statistically significant results. Conclusions - As the EISP has a positive effect on the expansion of agro-food exports, efforts should be made to find out the limitations or problems of the policy in the future and to make a greater contribution to the increase of exports.

• Journal of Electrical Engineering and Technology
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• 제4권3호
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• pp.346-352
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• 2009

The eventual goal of this paper is to help the generating companies and load-serving entities to choose appropriate relative levels of interconnected system versus bilateral trades while considering risk, and economic performance. In competitive power markets, electricity prices are determined by balance between demand and supply in electric power exchanges or bilateral contracts. The problem formulation is bilateral contract incorporated into Multi-area unit commitment with import/export and tie-line constraints. This proposed method considers maximizing own profit or minimize the operating cost among the generating companies in multi-area system. The feasibility of the proposed algorithm has been demonstrated using IEEE system with four areas and experimental results shows that proposed method is reliable, fast and computationally efficient

• 한국중재학회지:중재연구
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• 제9권1호
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• pp.265-290
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• 1999

All kinds of commerces are begun from the contract and the claims are frequently raised by the problem in the contracts. Therefore, the negotiation is very important to make a contract and resolve the claim. This article compared and analyzed the negotiation practice of Korean, American and Islam to strengthen the negotiation power of the Korean domestic companies and suggested the some guidelines when the Korean companies negotiate with the foreign companies. For the negotiator to make a effective negotiation with the foreigners and a make the negotiation performance, The negotiator has to prepare for the negotiation practice and strategy of the foreign countries. Secondly, the negotiator has to be accustomed to the foreign country and make the win-win strategy by giving the benefit to the foreign company as well as him. Especially, in the negotiation with American, it is very necessary that the negotiator persuade him logically by preparing the objective data and include the lawyer into the negotiation team. In the negotiation with Islam, making the personal relationship and, if possible, frequent contact with the person who has the responsibility in the contract is very important.

• 한국건설관리학회논문집
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• 제6권5호
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• pp.69-77
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• 2005

Change is inevitable and is a reality of construction projects. Most construction contracts include change clauses and allowing contractors an equitable adjustment to the contract price and duration caused by change. However, the actions of a contractor can cause a loss of productivity and furthermore can result in disruption of the whole project because of a cumulative or ripple effect. Because of its complicated nature, it becomes a complex issue to determine the cumulative impact (ripple effect) caused by single or multiple change orders. Furthermore, owners and contractors do not always agree on the adjusted contract price for the cumulative Impact of the changes. A number of studies have attempted to quantify the impact of change orders on project costs and schedule. Many of these attempted to develop regression models to quantify the loss. However, regression analysis has shortcomings in dealing with many qualitative or noisy input data. This study develops ANN models to classify and quantify the labor productivity losses that are caused by the cumulative impact of change orders. The results skew that ANN models give significantly improved performance compared to traditional statistical models.

• 한국철도학회:학술대회논문집
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• 한국철도학회 2007년도 추계학술대회 논문집
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• pp.1093-1098
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• 2007

In designing the high-speed railroad track, it is important to utilize appropriate track components to maintain uniform stiffness and ensure track alignment within the tolerance set for that system. In this regard, continuous welded rails (CWRs) were introduced to the Korean railways. Yet the installation of CWRs can result in an adverse impact due to the track/structure interaction on bridge sections yielding variations in the stiffness at the expansion joints. It may also impose additional axial force, generate excessive stress or deflection on track, and loosen the ballast at the ends as a bridge deck contracts or expands owing to a thermally-induced dynamic response. The risk is even greater in a long bridge deck, resulting in track longitudinal irregularities, deteriorating passenger's comfort, and increasing maintenance efforts. This study evaluates the performance of ZLR and their impact on track longitudinal irregularities through the track measuring results on a test section installed the ZLR in order to minimize the thermally-induced responses and the maintenance efforts for the high speed railway bridges.

• 지식경영연구
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• 제10권4호
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• pp.93-114
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• 2009

This paper presents a knowledge-based view of the multi-business firm. The multi-business firm has advantages in technological innovation and knowledge creation to the extent that it embodies various ideas and resources, and recombines them more effectively and efficiently than market contracts. The purpose of this paper is to identify how to organize the multidivisional form (M-form) structure to realize such advantages. We first differentiate within-division innovation and cross-division innovation, and explain why cross-division innovation, despite its higher performance potential, would be more difficult to achieve, compared to within-division innovation. Then, we offer the propositions about how to promote cross-division innovation with references to resource capability and coordination capability that is, in turn, composed of structural and control system, social capital, and human resource management system. We conclude by discussing theoretical and practical implications.

• 대한의용생체공학회:의공학회지
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• 제5권2호
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• pp.133-142
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• 1984

The EMG signal can be considered as a signal source that expresses the intention of man because it is a electrical signal generated when the man contracts muscles. For proportional control of prostheses, the control signal proportional to the mousle contraction level must be estimated. Typically a foul-wave rectifier and low-pass filter are used to estimate the proportional control signal from the EMG signal. In this paper, it is proposed to use a logarithmic transformation and a linear minimum mean square error estimator. A logarithmic transformation maps the myoelectric signal into an additive control signal-plus-noise domain and the Kalman filter is used to estimate the control signal as a linear minimum mean square error estimator. The performance of this estimator is verified by the computer simulation and the estimator is applied to the EMG obtained from the biceps brachii muscle of normal subjects.