• 무역상무연구
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• 제69권
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• pp.63-84
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• 2016

Article 77 of CISG requires an aggrieved party, the promisee, claiming damages to take reasonable measures to mitigate losses. The reasonable measures required hereunder are limited to those that can be expected under the circumstances having regard to the principle of good faith. When taking such measures, the aggrieved party must do so within a reasonable time under the circumstances. The expenses incurred in taking such measures are recoverable from the promisor. If the aggrieved party fails to do so, the damages recoverable from the promisor are reduced in the amount the loss that should have been mitigated. The aggrieved party's duty to mitigate damages applies to claim for damages only. That is, the violation of this duty should not be invoked against other remedies available under CISG, such as the right to claim specific performance, the right to claim for the price or the right of reduction of price. In practice, under the provision of article 77, the aggrieved party, the seller or the buyer, is often required to enter into a substitute transaction as a measure to mitigate losses and many cases involving a substitute transaction are internationally reported. Therefore this paper intends to provide a certain understanding of the aggrieved party's duty to take measures to mitigate losses based on such cases reported.

• 한국항만경제학회지
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• 제20권2호
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• pp.73-87
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• 2004

The purpose of this paper is to setup reasonable criterion for underwriters to reimburse the expenses of suing and labouring incurred by assured, using game theory. As for the upper limit for the reimbursement, MIA and ICC do not mention at all but stipulate that proper and reasonable expenses shall be reimbursed, while ITC-Hulls set the amount insured as the upper limit to compensate the sum of expenses and damage loss. And as for failed measures of averting and minimizing loss, MIA and ICC do not mention either, while ITC-Hulls stipulates underwriters shall compensate the expenses and damage loss within the amount insured. The main results of this paper are as follows: First, it is for the benefit of underwriters to reimburse the expenses incurred to take such reasonable measures to avert or minimizing a loss which would be recoverable under the insurance. Second, the expenses of single measure should not be above the amount insured. Third, even if the measures failed, the expense should be reimbursed if it is less than the expected value of the subject-matter insured that could be recovered by the measures. Last, if the measures are taken several times individually, even if the sum of expenses might be above the amount insured, it should be reimbursed.

• 무역상무연구
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• 제62권
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• pp.3-32
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• 2014

Article 77 sets forth the principle of prevention applied in several legal systems. Under this principle the party threatened by ooss as a consequence of a breach of contract by the other party is not permitted to await passively incurrence of the loss and then sue for damages. He is obliged to take adequate preventive measures to mitigate his loss. If the injured party abstains from taking such excessive measures he will not be considered to have failed to mitigate the loss under Article 77. The sanction provided in Article 77 against a party who fails to mitigate his loss only enables the other party to claim reduction in the damages. The reduction in damages under Article 77 is equal to the amount by which the loss should have been mitigated if the injured party had taken reasonable measures to avert or to lessen it. The aim of Article 77 is to encourage mitigation of the loss. The duty to mitigate the loss applies not only to a breach of contract in respect of an obligation whose performance is currently due. but also to an anticipatory breach of contract under Article 71. Article 85 contemplates that the buyer is in delay in fulfilling the latter obligation, or else that he fails to pay the price when payment is to be made concurrently with delivery of the goods by the seller. In both these situations of default, the seller who is either in possession of the goods or otherwise able to control their disposition must take measures, reasonable in the circumstances, to preserve them. The right of retention of the goods y the seller exists until he is reimbursed by the other party for the reasonable expenses incurred. Article 87 and Article 88 of the Convention grant different rights to the party obligated to take steps to preserve the goods; Article 87 allows him to deposit them in the warehouse of a third person, and Article 88 to sell them by whatever means appropriate. A difference exists between paragraph Article 88 (1) which grants the right to sell, and paragraph (2) which imposes the duty to take reasonable measures to sell the goods.

• 무역상무연구
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• 제66권
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• pp.1-23
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• 2015

A party who relies on a breach of contract must take such measures as are reasonable in the circumstances to mitigate the loss, including loss of profit, resulting from the breach. Appropriate measures are those aimed at lessing the loss as far as reasonably possible. Such measures will typically be a resale of the goods by the seller or a cover purchase by the buyer. The measures the injured party is expected to take in order to mitigate the loss must be reasonable in the circumstances. Article 77 will be applied to the difference between the amount by which the loss should have been mitigated under Article 77. A reduction of damages is the only remedy available to the party in breach in cases covered by Article 77. If the buyer has received the goods and intends to exercise any right under the contract or this Convention to reject them, he must take such steps to preserve them as are reasonable in the circumstances. If goods dispatched to the buyer have been placed at his disposal at their destination and he exercises the right to reject them, he must take possession of them on behalf of the seller. Article 86(1) requires that the buyer manifest his intention at the moment of receipt of the goods. Article 86(2) envisages that the goods have been dispatched to the buyer and that they have been placed at his disposal at their destination. Article 87 allows him to deposit them in the warehouse of a third person. It is not necessary that the warehouse by public, or that it be a general warehouse for storage. A party who is bound to preserve the goods in accordance with articles 86 may sell them by any appropriate means taking possession of the goods or in taking them back or in paying the price or the cost of preservation. If the goods are subject to rapid deterioration or their preservation world involve unreasonable expense, a party who is bound to preserve the goods must take reasonable measures to sell them. A difference exists between paragraph Article 88 (1) which grants the right to sell, and paragraph (2 )which imposes the duty to take reasonable measures to sell the goods. According to Article 88(2), the party who wishes to sell must give notice to the other party of such intention, to the extent possible.

• 한국중재학회지:중재연구
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• 제30권2호
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• pp.3-21
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• 2020

This study focuses on the binding power of the interim measures of the arbitral tribunal in ICSID arbitration and the effects of non-compliance. Upon consideration of the intentions of those who made these rules, given the interpretation of the provisions of Article 47 of the ICSID Convention and Article 39 of the ICSID Arbitration Rules, it was found reasonable to consider that the interim measures made by the arbitral tribunal in ICSID arbitration were not binding. However, in actual ICSID arbitration, most arbitral tribunals approve the binding power of the interim measures based on the purposes and the characteristics of the interim measures. As such, there is a certain distance between the legislative intention for interim measures in ICSID arbitration and the judicial practice, but considering the demand for maintaining the integrity of the arbitration procedure, it is reasonable to consider that the interim measures are binding. In addition, the fact that the interim measures have binding power can increase the possibility that the party will comply with the interim measures. Thus, the binding power of interim measures not only encourages voluntary compliance to the interim measures of the party, but can also cause negative consequences for the party if it is not met. In other words, the arbitral tribunal will be able to form negative inferences against the party who does not comply with it in a procedural side, and in the practical side, the party who does not comply with the interim measures will be compensated for the additional damages for non-compliance.

• 한국지능시스템학회:학술대회논문집
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• 한국퍼지및지능시스템학회 1998년도 The Third Asian Fuzzy Systems Symposium
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• pp.264-267
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• 1998

We are dealing with the preliminary diagnosis from the information of headache interview chart. We quantify the qualitative information based on the interview chart by dual scaling. Prototype of fuzzy diagnostic sets and the neural linear regression methods are established with these quantified data, These new methods can be used to classify new patient's tone of diseases with certain degrees of belief and its concerned symptoms. We call these procedures as neural Fuzzy Differential Diagnosis of Headache (NFDDH-1). Also we investigate three measures to medical diagnosis, where relations between symptoms and diseases are described by intutionistic fuzzy set (IFS) data. Two measures are described by nin-max and max-min IFS operators, respectively. Another measure is the similarity degree, i.e., IFS distance between patient's symptoms and prototypes of diseases. We consider some reasonable criteria for three measures in order to determine the label of headache, We will establish hree measures in NFDDH-2 and combine two packages as NFDDH

• 대한인간공학회:학술대회논문집
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• 대한인간공학회 1997년도 추계학술대회논문집
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• pp.313-319
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• 1997

There is currently a focus on usability of interactive computer software. Previous research in software ergonomics has indicated the importance of evaluating the usability of software user interfaces. Software developers, interface designers or human foctors engineers often confront the task of comparative evaluation among systems, versions or interface designs. This study presents a structured model for comparative evaluation of user interface designs using usability criteria and measures. The proposed model consists of twomain phases : the prescreening phase ad the evaluation phase. The first phase involves expert judgment-based approach with qualitative criteria. The prescreening phase uses absolute measurement analytic hierarchy process to filter possible altermative interfaces to a reasonable subset. The second phase involves user-based approach such as usability testing, with quantitative criteria. The objective of the evaluation phase is to evaluate a subset of altermatives using objective measures. A set of criteria and measures for evaluating the usability of computer software designs is presented. The proposed model provides practitioners with a structured approach to select the best interface based on usability criteria and measures.

• 융합보안논문지
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• 제23권1호
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• pp.35-43
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• 2023

우리나라는 2011년에 개인정보보호법이 제정되어 국민의 개인정보를 안전하게 보호하고 권익을 보호하는 많은 역할을 해오고 있다. 개인정보처리자는 안전한 개인정보 관리를 위하여 안전성 확보 조치 기준을 의무적으로 준수해야 한다. 이렇게 행정 규제가 수반되는 문제임에도 누구에게 언제 어떻게 적용되는지가 명확하지 않다. 법 적용의 원칙은 법의 적용 범위나 대상이 명확해야 하고 대상자의 법적 안정성과 예측 가능성에 있어야 한다는 것이다. 의무 부과에 따라 대상자에 대한 범위, 기준, 안전조치 항목, 절차 등이 명확하고 구체적으로 명시되어야 하지만 현행법 제도는 미흡하다. 따라서 본 연구에서는 선행연구와 개인정보보호 실태조사 자료를 기반으로 적용 대상자 분류 기준, 대상 판단 근거 기준, 안전성 확보 조치 기준 등에 대한 문제점과 합리적인 개선 방안을 제시하였다. 이를 통해 적용 범위와 기준을 명확화, 구체화하여 합리적인 방안을 제시하여 제도의 실효성을 높이는데 기여하고자 한다.

• 지역연구
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• 제10권2호
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• pp.61-71
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• 1994

Despite of being the criteria to choose the efficient and reasonable alternatioves inactual planning process, the measure of accessibility rarely has applied to practices because each model has unexplicity concept of it and limitations in itself. Accessibility implies transportation system which offers opportunity of movement to overcome spatial separation and, simultaneously, land-use system which represents the location of each activity. Therefore, measures of accessibility have to represent the attractiveness of locations and the interactions of activities, that is, land-use and transportation, with an index. Considering that urban activity is based on the economic efficiency, costs and benfits, accessibility means the economic efficiency of the location of activity and the travel in view of land-use and transport repectively. Combined models that measure accessibility with considering land-use and tranportation simultaneously depend on reasonable concepts, but it is too simple for them to explain the accessibility which resulted from complex interaction of urban activities. Combined urban activity model developed by Kim (1983) and Rho (1989) explains the characteristics of activities in each regions and urban strcture in economic general equilibrium states in the long term of urban system. This model measures a regional accessibility with a dual variable which means the location surplus. This is a more systematic and comprehensive model for calculating the regional accessibility because it considers the interaction of each activity in urban system. It needs efforts to apply the accessibility index as a criterion in actual planning process through finding and quantitification of other explanatory variables to measure it in combined urban activity model.

• 설비공학논문집
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• 제13권4호
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• pp.279-288
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• 2001

This paper is to derive energy retrofit strategies through energy audit and analysis for a selected small-to-medium office building located in Seoul, Korea,. To activate ESCO business in Korea, our final goal is to develope a simple and adequate energy retrofit procedure through computer simulation. Calibration process was fairly successful eve without the aid of tough field measurement. In terms of annual energy consumption, the percent difference between the predicted and the monitored values were within a reasonable tolerance of $\pm10$%. Based on the calibrated baseline model and the systematic investigation of target building, retrofit measures were suggested with two categories such as architectural side and equipment side. Both selected parametric and interactive retrofit measure simulations resulted in various energy saving quantities and cost, thus the priority among the measures were made. If we were to select the more realistic and reasonable retrofit measure in future, economic estimate were should be practiced with the life cycle cost analysis.