• Title/Summary/Keyword: contracts

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The Study on the Risk and Risk Transfer of the Incoterms in a Contracts for the International Sale of Goods - Based on the Revised Incoterms 2010 & CISG - (국제물품매매계약에서 위험과 위험이전에 관한 연구 - Incoterms 2010과 CISG를 중심으로 -)

  • Kim, Dong Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.60
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    • pp.27-46
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    • 2013
  • The Incoterms and United Nations Convention on Contract for the international Sales of Goods(CISG) allocate a risk in their articles. These rules make a decision that the parties who make a transaction are bound to bear the risk or damages of goods. Though a goods have a damages or loss during a transportation, buyer is liable for the payment of purchase price. In this case, this paper defines the meaning whether who can bear the risk under Incoterms and CISG. In the majority cases which deal between parties, after shipment or at the end of carriage, the loss or damages are found in buyer's hand. If a damages or loss is made during transit, customarily these risk are covered by insurance. Otherwise, these rules provide a tools for solving this problems. Then, between parties should be accomplished their target equitably.

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A Study on Legal Issues by Practice of Online Arbitration (온라인 중재의 실행에 따른 법적 문제에 관한 고찰)

  • Woo, Kwang-Myung
    • International Commerce and Information Review
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    • v.5 no.1
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    • pp.137-158
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    • 2003
  • The rapid growth of electronic commerce increases the potential for conflicts over contracts which have been entered into online(e.g. about price, late delivery, defects, specifications...). Using arbitration as a dispute resolution alternative is becoming increasingly popular especially in cases involving intellectual property rights and technology disputes since speed and secrecy are essential. The use of online dispute resolution(ODR) mechanisms to resolve such e-commerce conflicts is crucial for building business, consumer confidence and permitting access to justice in an online business environment. However, the use of the Internet and the World Wide Web in dispute resolution has an impact on the types of communication implied in the relevant processes(negotiation, mediation and arbitration). This paper deals with legal issues with respect to the practice of online arbitration. The paper begins with a brief introduction to the theories behind arbitration. These sections will be followed by a discussion on the specifics of online arbitration and the problems the process faces online arbitration by the legal community.

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Survey of Doctors' Role Expectation and Patients Satisfaction with Referral Centers (의료협력센터에 대한 개원의 역할기대와 환자 만족도 조사)

  • Han, Sun-Hee
    • Journal of Korean Academy of Nursing Administration
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    • v.13 no.1
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    • pp.74-81
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    • 2007
  • Purpose: This study focuses on doctors' role expectation and patients satisfaction with the referral centers to get necessary basic Method: There were 495 subjects in this study. 245 of them were doctors working in the 397 clinics and hospitals which have made contracts with the referral center in Y General Hospital located in J city, and 250 were patients who had been treated in it. The data were collected from Sep. 25 to Oct. 21, in 2006. Data analysis was processed with SPSS/WIN 14.0 electronically. Results: Concluding cooperative treaties with other clinics and hospitals, doctors expect the following effects: First, the improvement of the treatment quality of patients. The patients satisfaction ranking order for using referral centers is as follows: kindness of the staff, treatment reservation, doctor's satisfying explanation. providing one-stop service, reduction of waiting time for treatment, evasion of repetitive tests. Conclusion: Referral centers should provide various services totally and actively which reflect the role expectation and satisfaction of doctors and patients altogether.

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Design Model for Extensible Architecture of Smart Contract Vulnerability Detection Tool

  • Choi, Yun-seok;Lee, Wan Yeon
    • International Journal of Internet, Broadcasting and Communication
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    • v.12 no.3
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    • pp.189-195
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    • 2020
  • Smart contract, one of the applications of blockchain, is expected to be used in various industries. However, there is risks of damages caused by attacks on vulnerabilities in smart contract codes. Tool support is essential to detect vulnerabilities, and as new vulnerabilities emerge and smart contract implementation languages increase, the tools must have extensibility for them. We propose a design model for extensible architecture of smart contract vulnerability detection tools that detect vulnerabilities in smart contract source codes. The proposed model is composed of design pattern-based structures that provides extensibility to easily support extension of detecting modules for new vulnerabilities and other implementation languages of smart contract. In the model, detecting modules are composed of independent module, so modifying or adding of module do not affect other modules and the system structure.

Correlation analysis of the quality and civil construction engineer in apartment house (공동주택 토목공사의 책임기술자와 품질의 상관관계 분석)

  • Jeong, Sangl-Hoon
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2015.11a
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    • pp.70-71
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    • 2015
  • Construction period is longer than the non-disclosure in civil construction of apartment house. And this process is intensive at the beginning and end of construction. Because this project management expertise is required. Nevertheless, subsidiary work(Working avoid a tendency of advanced technician, Frequent turnover and employment contracts, etc.) management attention of construction is at a lower level. Because of, there are the bad factors(trial and error, finish degradation, etc.). Therefore, this study analyzed Hindrance Factor of quality control on apartment complex construction work and presented importance of civil construction engineer's role. Also, forms of civil construction engineer, Performance experience and technical Strength of apartment complex construction was investigated for the construction. To this end, It analyzes the relationship between forms of civil construction engineer, Performance experience and technical Strength of apartment complex construction and Construction of evaluation as required by Construction Technology Management Act.

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Numerical investigation on the blood flow characteristics considering the axial rotation in stenosed artery

  • Sung, Kun-Hyuk;Ro, Kyoung-Chul;Ryou, Hong-Sun
    • Korea-Australia Rheology Journal
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    • v.21 no.2
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    • pp.119-126
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    • 2009
  • A numerical analysis is performed to investigate the effect of rotation on the blood flow characteristics with four different angular velocities. The artery has a cylindrical shape with 50% stenosis rate symmetrically distributed at the middle. Blood flow is considered a non-Newtonian fluid. Using the Carreau model, we apply the pulsatile velocity profile at the inlet boundary. The period of the heart beat is one second. In comparison with no-rotation case, the flow recirculation zone (FRZ) contracts and its duration is reduced in axially rotating artery. Also wall shear stress is larger after the FRZ disappears. Although the geometry of artery is axisymmetry, the spiral wave and asymmetric flow occur clearly at the small rotation rate. It is caused that the flow is influenced by the effects of the rotation and the stenosis at same time.

Multi-Area Unit Commitment with Bilateral Contract Approach in Deregulated Electricity Market

  • Selvi, S.Chitra;Devi, R.P.Kumudini;Rajan, C.Christober Asir
    • Journal of Electrical Engineering and Technology
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    • v.4 no.3
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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

International Arbitration and Forum Selection Agreements (법정지선택합의(法定地選擇合意)와 중재계약(仲裁契約)의 적용범위(適用範圍))

  • Kim, Sung-Hoon
    • Management & Information Systems Review
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    • v.9
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    • pp.165-177
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    • 2002
  • The purpose of this comparative study is to compare and evaluate international arbitration and forum selection agreements. Recent decades have seen an unparalleled expansion of global trade and investment. Business enterprises of every description ann find themselves entangled in legal proceedings with foreign companies or government entities. Thus, the costs of these proceedings and the consequences of losing are often substantial. Almost, every international commercial controversy poses a critical preliminary question - 'where, and by whom, will this dispute be decided?' the answer to this question often decisively affects a dispute's eventual outcome. It can mean the difference between winning and losing. between de minimis damages and a multimillion dollar award. The same dispute can have materially different outcomes in different forums. Because of the importance of forum selection, parties to international contracts often include contractual dispute resolution provisions in their agreements. These provisions significantly reduce the uncertainties inherent in international commercial disputes, and can offer a substantial measure of partisan advantage. as a consequence, it is almost always advisable to include a contractual dispute resolution provision in any international contract. These provisions typically take the form of : (1) forum selection clauses, or (2) arbitration agreements.

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Natural Language Query Framework on the Semantic Web

  • Kim, Jin-Sung
    • Proceedings of the Korean Institute of Intelligent Systems Conference
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    • 2007.04a
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    • pp.189-192
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    • 2007
  • This study proposes a Natural Language Query Framework (NLQF) on the semantic web to support the intelligent deduction at semantic level. A large number of former researches are focused on the knowledge representation on the semantic web. However, to revitalize the intelligent agent (IA)-based automated e-business contract with human customers, there is a need for semantic level approach to the web information. To enable accessing web information at semantic level, this paper discusses the pattern of complex natural language processing at first, and then the semantic web-based natural language inference in e-business environment. The NL-based approach could help the IAs on the web to communicate with customers and other IAs with more natural interface than traditional HTML-based web information. Therefore, our proposed NLQF will be used in semantic web-based intelligent e-business contracts between customers and IAs.

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A Study on the Liability Risk of Air Cargo Carrier (항공화물운송인의 책임부담위험에 관한 연구)

  • Kwak, Bong-Hwan;Kang, Dong-Yoon;Ham, Young-Jin
    • International Commerce and Information Review
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    • v.12 no.2
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    • pp.385-405
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    • 2010
  • The purpose of this study is to investigate liability risk of air cargo carrier and suggests ideas for solving problems which could be happen to air transporters on the future. because of Air transport remains one of the world's fastest growing and most important industries. And important treaties and contracts specifying transporters' responsibility regarding big scale aircraft accidents are such as Warsaw Convention in 1929, Hague Protocol in 1955, Montreal Convention in 1999. The Montreal Convention, formally the Convention for the Unification of Certain Rules for International Carriage, is a treaty adopted by Diplomatic meeting of ICAO member states in 1999. It amended important provisions of the Warsaw Convention's concerning compensation for the victims of air disasters. In conclusion, suggests to the method of air cargo security and cargo legal liability insurance which is for air cargo carrier's risk management.

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