• Title/Summary/Keyword: first-principles

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A study on the problems in appling CIF, Incoterms 1990 into the contract of sale. (1990년(年) 인코텀즈에 따른 CIF조건(條件)의 활용상(活用上)의 문제점(問題點))

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.6
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    • pp.11-51
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    • 1993
  • This study is focused on the problems and the suggestions of proper ideas for solving them which are arisen from appling CIF, Incoterms 1990 into the contract of sale after reviewing of the contents of traditional CIF contract and the main changes of CIF, Incoterms 1990. This study summerized as follows: First, when the seller provide the buyer with non-negotiable sea waybill or inland waterway document instead of negotiable bill of lading, it is my feeling that the essence of symbolic delivery in traditional CIF contract is fading. And if the buyer has paid for the goods in advance, or a bank wishes to use the goods as security for a loan extended to the buyer, it is not sufficient that the buyer or the bank be named as consignee in a non-negotiable document. This is true because the seller by new instractions to the carrier could replace the named consignee with someone else. To protect the buyer or the bank it is therefore necessary that the original instructions from the seller to the carrier to deliver the goods to the named consignee be irrevocable. Second, CIF term can only be used for sea and inland waterway transport. When the ship's rail serves no practical purposes such as in the case of roll-on/roll-off or container traffic, CIP term instead of CIF term is more appropriate to use. Third, the EDI method still contains many legal and technical problems to be solved in order to be used thoroughly' in the international sale of goods. Therefore, the parties wishing to replace the traditional paper-based trade documents by electronic messages must exchange the agreement on EDI each other in order to prevent and sol ye unexpected problems. Forth, it may be that the goods are to be carried in bulk without such marking or naming of consignee as would amount to appropriation. Then the risk will not pass until effective appropriation has been made. Therefore, the seller needs to appropriate by issuing of separate bills of lading or delivery orders for parts of the bulk cargo. And in case the goods are bought while they are carried at sea, some problems on the passing of risk would arise. One possibility is that the buyer might have to assume risks which have already occured at the time when the contract of sale is entered into force. The other possibility would be to let the pissing of the risk concide with the time when the contract of sale is concluded. The parties are advised to ascertain the applicable law and any solution which might follow there form. Finally, Incoterms are restricted to deal with the main principles for the division of functions, costs and risks between the parties and the rest is left to their individual contract as supplemented by the custom of the trade, the individual terms of the contract of sale and the applicable law. Thus, the parties are advised to ascertain the applicable law on their individual contract of sale in order to solve the problems on the transfer of property, the remedy and so on.

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A Design Principles and Characteristics of the Garden of Salt Merchant in Yangzhou, China's Ming and Qing Dynasties (중국 명·청 양주 염상원림의 설계원리 및 조영특성)

  • Shin, Hyun-Sil
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.37 no.3
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    • pp.83-92
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    • 2019
  • This study aims to examine at the garden characteristics of salt merchant in Yangzhou, China during the Ming and Qing Dynasties, I looked at the background of garden formation through the literature. In addition, analyzed the garden design method and components of salt merchants. The results were as follows; First, the Yangzhou area in the past has achieved cultural and economic development with the establishment of the ancient Grand Canal. Salt merchants accumulated wealth through trade, and created many gardens under the background of securing materials for create garden through trade, forming political forces through the cultivation of students, and inflow of foreign cultures. Second, salt merchants in Yangzhou asked garden experts to design and create the garden as a place for exchange and relaxation. Also, through the production of landscape changes using Gasan(假山) and a long corridor(長廊), clear classification of spaces using architectural elements, and the placement of buildings in scenic areas adjacent to the water, the gardens with practical and aesthetic functions were owned. Third, the gardens of Yangzhou Salt Merchants have a building-oriented commercial space on the front, and a garden-centered design characteristic on the back. The garden of the commercial zone was built in a simple form using pots, oddly shaped stone, bamboo and fence patterns in the remained space, focusing on the front of the building. The garden at the back formed a curved waterway connected to the canal is refracted across the garden. The garden also features piled stones(疊石), stone bridges and ship-shaped stone building(石舫). In addition, the design reflected the introduction of trees that take into account the climate and color contrast of Yangzhou province, pavement of various materials and patterns.

A Study of a Relapse Prevention Program for Alcoholics focused on Action Methods (행위기법을 중심으로 한 알코올의존 재발방지 프로그램 개발에 관한 연구)

  • No, In-Suk;Kim, Seong-Jae
    • Journal of East-West Nursing Research
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    • v.10 no.1
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    • pp.27-40
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    • 2004
  • Relapse is one of the most series problems in alcoholics treatment. Previous studies have shown that significant proportions of treated alcoholics show an early relapse and go through a chronic phase. It is necessity to find more effective relapse prevention program. The Purpose of this study was to develop a relapse prevention program that emphasis on group activities using various action methods. Previous studies revealed that there was no effective therapeutic strategy to prevent relapse and proposed that action methods were more practical ways to be able ti cope with high-risk situation than verbal methods such as discussions and lectures. The special attempt of this program was the application of various actions methods and the integration of many psychosocial therapeutic strategies as compared with many relapse prevention programs. The theoretical framework of this relapse prevention program was based on mainly the Marlatt's Relapse Prevention model and Prochescha and DiClemente's Transtheoretical model. This Program consists of eight structure sessions. Every session has three phase: Warm-up phase, action phase, and sharing phase as sociodrama structure. Sociodrama is based on many of the principles of adult learning. And sociodrama looks at how groups work through an understanding of systems and role theory. Therefore, in working with a group a therapist might explore with them the roles that people play, roles that are missing at present such a visionary and how people can develop new roles or new ways of playing existing roles. The researchers explained the purpose of this study to all participants after their agreement to participate. Voluntary informed consent was obtained from all participants. Every session allows participants to recognize personal specific high-risk situation and to examine possible coping behaviors creatively. Multiple solutions can be proposed, tested and evaluated dramatically, giving new insights or breakthroughs in thinking. This is vital for the initiation of change, and if appropriate, expanding new role development. The first two sessions aim at understanding of relapse process and recognize of high-risk situations focused on orientation about action methods. The next four sessions deal with high-risk situations. The last two sessions give participants opportunities to venture new life-styles. The methods and approaches used in this program utilized as a tool to explore and practice possible coping strategies. and this program can contribute to prevent relapse episode if tune with the particular high-risk situation by using active practices in safe environment.

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The Structure of Oriental Wooden Pagoda (동양목조탑파(東洋木造塔婆)의 구조형식(構造形式)에 관한 연구(硏究) - 법주사(法住寺) 팔상전(捌相殿)과 법륭사(法隆寺) 오중탑(五重塔)의 비교분석적 측면에서 -)

  • Kim, Kyeong-Pyo;Fujii, Keisuke;Lee, Min-Sup
    • Journal of architectural history
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    • v.1 no.1 s.1
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    • pp.88-105
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    • 1992
  • This dissertation aims to investigate the structure of Palsangjeon, a five story wooden pagoda in Pubjoo Temple which is the only wooden pagoda existing in Korea, by a comparative study of the Palsangjeon with Japanese counterparts. By doing so, the writer of the present investigation attempts to find out its structural originality. The main finding of this study are as follows. The upper part of Palsangjeon is constructed with square log frameworks called GuiTl and Sacheon-Ju around the central column. The four walls along Sacheon-Ju from the 1st level to the 3rd well resists the outside horizontal piressure. And Gui-Tl structure on the 5th level copes much better with shear force. So this frame consisting of Sacheon-Ju and log frameworks might be viewed an semi-core system, This core is supported once again by the frame of Go-Ju. That is to say. Go-Ju supports frame of Sacheon-Ju. And the frame of Pyeong-Ju on the 4th and the 5th levels also supports it. The frame of Go-Ju is supported by the frame of Pyeong-Ju on the 1st and the 2nd levels. So this structure is designed to resist the wind and also keep the balance by properly distributing vertical pressure. The plan and the elevational structure of Palsangjeon keep the balance by the perfect symmetric structure. And the frame of Sacheon-Ju forming semi-core system can resist both the lateral load and the vertical pressure for the balance of its structure. The five story pagoda in Horyuji used to stand on a central which is desigend to support the main body of the pagoda from the first level. The principles of balance is used between the Ha-Aag and short to react the rafter. Sacheon-Ju and edge column is against the lateral load. The structural jointing system is stable thanks to the log framewroks formed on every level. The five story pagoda in Horyuji poseses the structual system originated from the ancient wooden pagoda. The pagoda is found to express simple, sincere and straight forward form. On the other hand, it could be seen as a stucture resisting the earthquake and the lateral load, Palsangjeon is an excellent building which religions function is well harmonized with its structure and appearance. It not only functions extremely well as a regions place like other pagodas, but also excellently shows how multi-story wooden building should be structured.

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A study on The Problems and Improvement Measures of The Capital Gain Tax (양도소득세의 문제점과 개선방안에 관한 연구)

  • Kim, Beom-Jin;Jeon, Jung-Wook
    • Korean Business Review
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    • v.19 no.2
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    • pp.1-21
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    • 2006
  • The purpose of this study is to analysis of the policy and problems of the capital gain tax. So this study identified the problems in the tax system and the method, suggested some ideas that can be useful for reforming the current capital gain tax system. The followings are the concise of some ideas. First, government should adopt the housing market stabilization policy in the long-term period, not in the short-term period which depend on the financial market and the part of home supply. Second, determining the capital gains tax should be transferred to actual market prices system rather than based on the standard assessed prices by government through the nations. By doing so, the desired principles of taxation come true such as principle of taxation on economic substance, principle of taxation on solid foundation and principle of taxation on tax paying ability. Third, transaction taxes should be minimized in the aborting the property speculations and the stabilizing the actual market prices. Fourth, the system of non tax to the owners of 'one family, one house' should be excluded to the tune of principle of tax equity. By doing so, tax payers could be induced to pay taxes on a timely basis not commit to wrong doings. In conclusion, anti-speculation policy should be progressed in such a comprehensive and sustained way as to wipe out the psychology of expectation about the transfer gain's incomes.

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Study on Policies for Integrated Pollution Prevention and Control (통합적 환경관리의 정책적 도입방안에 관한 연구)

  • Han, Sang-Woon
    • Journal of Environmental Policy
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    • v.8 no.4
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    • pp.149-169
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    • 2009
  • Integrated Pollution Prevention and Control(IPPC) has become an idealistic environmental prevention concept in developed countries and corresponds with principles of Industrial Ecology. The concept of emissions regulatory integration is a key factor for an integrated environmental management system. While most EU member countries have a cross-media regulatory system, Korea has a media-specific regulatory system which was found to have significant environmental management problems. The purpose of this study is to integrate the emissions regulatory system by resolving difficulties through procedural, organizational, and substantive analysis of integration. To this end, the following research was performed: The first task was to determine the target of the integrated emissions regulatory system. In connection with this, the "IPPC directive" of the EU and the "PPCA 2000" schedule 1 of the UK, as well as environmental laws in Korea were compared and analyzed. The second was to design a regulatory system model. This model was divided into three groups after considerations were made regarding the time it would take for the pre-application,application, and permission stages. Lastly, on the basis of this research, a revised bill for an integrated emissions regulatory system was suggested. Nevertheless, substantive analysis of integration focused on BAT requires supplementation in order to make the integrated emissions regulation system operate normally as an environmental management policy and regulation method. To this end, the specific characteristics of Korean society, culture, and law should be actively considered.

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Deficiencies of China's General Aviation Law and its Improvement (중국 일반항공법의 법적 흠결과 개선방향)

  • Zhang, Chrystal;Diao, Weimin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.145-181
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    • 2013
  • General aviation is an integral part of civil aviation and involves the widest range of aviation segments except commercial aviation. Featured with different operational procedures and practices to satisfy the economic needs and safety requirements of a sovereign state, general aviation tends to be regulated by an individual state. The last three decades have seen exponential growth of commercial air transport in China, but its general aviation sector has remained disproportionally underdeveloped. With the deepening of the reform of low-altitude airspace, the sector is poised for a radical change and rapid growth. However, legislation governing general aviation activities in China is distorted causing inconsistency and confusions in their application and implementation. This paper aims to analyse China's prevailing legislation regulating general aviation activities. It first discusses the various definitions adopted by ICAO and its member states and reviews the development of general aviation in the US, EU, Australia and China. It then examines the sources of China's general aviation laws, e.g. Chicago Convention and its annexes, and Chinese domestic legislature which covers legislation, laws, directives, rules and procedures. The paper continues to analyse and establish the deficiencies of its prevailing legal framework by pointing out the following: variation of definitions in different regulations, inconsistency of principles in existing laws and regulations, legal vacuum concerning government subsidy, environment protection, safety and security, and other operational areas such as aerial club, sightseeing, and search and rescue. In this process, the paper argues that a coherent, consistent and systematic legal framework is required in order to ensure fair competition and safety for a healthy, progressive and sustainable general aviation growth. Suggestions for rectification and improvement are proposed.

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The Development of a Competence Model for Career and Vocational Education for Middle School principles (중학교 학교관리자의 진로직업교육에 관한 역량모델 개발)

  • Kim, Jong-Seoung;Kim, Jin-Youn;Joo, Dong-Heon;Kim, Young-Min;Kim, Ki-Soo
    • 대한공업교육학회지
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    • v.43 no.2
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    • pp.114-131
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    • 2018
  • This study is to develop a competence model for school principals that provides effective career and vocational education (CVE) at middle schools. This model can be used as an indicator for identifying the expertise levels of principals in CVE and to help them develop the necessary skills. Research methods included literature review, basic research, the Delphi technique, analytic hierarchy process (AHP), and surveying. The results were as follows. The competence model for CVE for middle school principals consisted of three competence groups, nine competence elements, and 67-item behavior indicators. First, the three competence groups included the competence to build a school system for CVE, the competence to support CVE at school, and the competence to create a school environment for CVE. Competence to support CVE at school turned out to be most important in the AHP analysis. Second, competence elements included goal management, performance management, the creation of educational culture, support for educational activities, support for school curriculum, support for students, human resources management, resource management and community management. According to the AHP analysis, support for school curriculum was the most significant among the nine competence elements. Third, the behavior indicators were identified items in three areas: 18 items for individual propensity, 18 items for knowledge, and 31 items for performance.

Environmental Impact Assessment of Buildings based on Life Cycle Assessment (LCA) Methodology (전과정평가(LCA) 방법을 이용한 건축물에 대한 환경영향 평가 방법)

  • Hong, Tae-Hoon;Ji, Chang-Yoon;Jeong, Kwang-Bok
    • Korean Journal of Construction Engineering and Management
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    • v.13 no.5
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    • pp.84-93
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    • 2012
  • Most of the studies on reduction of buildings' environmental burden in the construction industry have been focused on carbon dioxide emission, although there are various kinds of environmental issues such as global warming, acidification, and etc. which are considered by many researchers. Therefore, this study defined and suggested six impact categories and the principles to assess each impact for the assessment of comprehensive environmental impacts of buildings. The six impact categories are abiotic depletion, global warming, ozone layer depletion, acidification, eutrophication, and photochemical oxidation. A case study has been conducted through comparative analysis of two structural design alternatives to confirm the necessity of assessing the six impact categories. That is, the results of global warming potential and the six impacts proposed in this study were compared. By comparing the results of only global warming potential, the second design alternative using 24MPa concrete was chosen as a better alternative, while the first design alternative using 21MPa concrete was resulted as a better alternative when six impact categories were considered. The results mean that the assessment of various environmental impacts is an appropriate and reasonable approach and the comprehensive assessment offers more reliable results of environmental impacts in the building construction.

Density Functional Study on Correlation between Magnetism and Crystal Structure of Fe-Al Transition Metal Compounds (Fe-Al 전이금속 화합물의 자성과 결정구조의 상관관계에 대한 밀도범함수연구)

  • Yun, Won-Seok;Kim, In-Gee
    • Journal of the Korean Magnetics Society
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    • v.21 no.2
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    • pp.43-47
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    • 2011
  • It is known that the Fe-Al transition metal compounds have a lot of disagreement about structural stability and magnetism. In this study, the correlation between magnetism and atomic structure of ordered $B_2$, $L1_2$, and $D0_3$ structured Fe-Al compounds has been investigated using the all-electron full-potential linearized augmented plane wave (FLAPW) method based on the generalized gradient approximation (GGA). We found that considered all the structures were calculated to be stabilized in a ferromagnetic state. The calculated spin magnetic moments of the Fe atoms for B2 and $L1_2$ structures were 0.771 and 2.373 ${\mu}_B$, respectively, and that of Fe(I) and Fe(II) in $D0_3$ structure calculated to be 2.409 ${\mu}_B$, 1.911 ${\mu}_B$, respectively. In order to investigate structural stability between $L1_2$ and $D0_3$ structures, we performed the formation enthalpy calculations. As a result, the $D0_3$ structure is found to be more favorable than $L1_2 one by energy difference 16 meV/atom, which is well consistent with the experimental observation. We understood about structural stability and magnetism for Fe-Al compounds in terms of analysis of their atomic and electronic structures.