• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.23
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• pp.129-153
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• 2004

What can easily be concluded is that the Orgalime's General Conditions will be preferred by contractors to the Silver Book. However, it is probable that for some projects the Orgalime's General Conditions will not be acceptable to employers without significant amendment, particularly to such matters as design obligations, limitation of liability, force majeure and possibly the extension of time provisions. It is doubtful, however, whether the Orgalime's General Conditions will prove to be an alternative to the Silver Book. For projects for which the Silver Book was intended, the Orgalime's General Conditions will usually be unacceptable to employers and leaders. Notwithstanding this, the Orgalime's General Conditions is a welcome addition to the ever-growing suite of international contracts. And I strongly suggest that we must prepare our "General Conditions for Turnkey Contracts", etc. reflecting our law and practices as soon as possible.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.303-306
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• 2003

Although design-build construction projects have recently increased. general conditions of construction contract are not reflecting the characteristic of design-build construction projects neither performing its fundamental roles as implying many claim elements. So. this study aims to propose the basis for improving the general conditions of the domestic design-build construction projects. This study reviews literatures associated with design-build construction contract and analyses domestic general conditions into foreign standard forms of general conditions. Additionally, it is examined the problems of design-build construction contracts and performed questionnaire survey to the practitioner in the construction contract field. In doing so, this study suggests the direction for improving general conditions of domestic design-build construction projects.

• Proceedings of the Korean Society of Soil and Groundwater Environment Conference
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• 2004.04a
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• pp.88-91
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• 2004

The multiphase flow simulator, MPS, is developed based on the fractional flow approach considering tile fully three phase flow with general initial and boundary condition. Most existing fractional flow-based models are limited to two-phase flow and specific boundary conditions. Although there appears a number of three-phase flow models, they were mostly developed using pressure based approaches. As a result, these models require cumbersome variable-switch techniques to deal with phase appearance and disappearance. The use of fractional flow based approach in MPS makes it unnecessary to use variable-switch to handle the change of phase configurations. Also most existing fractional flow based models consider only specific boundary conditions. However, the present model considers general boundary conditions of most possible and plausible cases which consists of ten cases.

• Fashion & Textile Research Journal
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• v.2 no.5
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• pp.416-422
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• 2000

In this study, to find out the physiological reaction of the human body and the sensation of comfort when people are wearing sportswear which is made of waterproof breathable fabrics under general environmental conditions (temperature : $20{\pm}1^{\circ}C$, humidity : $60{\pm}5%RH$, air current : 0.1 m/sec) and rainy environmental conditions (temperature : $20{\pm}1^{\circ}C$, humidity : $60{\pm}5%RH$, air current : 0.1 m/sec, rainfall : 250 1/hr), we made an experiment with sportswear in an artificial climate chamber and studied the thermal physiological response and subjective sensation. Mean skin temperature of the subjects was low and had a big range of fluctuation in rainy environmental conditions of two condition. Temperature started to increase at the beginning of the exercise, reached the maximum at the 2nd level of the exercise and then started to decline. Rectal temperature showed a slighter increase and bigger range of fluctuation in general conditions than in rainy conditions. Except clothing micro climate in rainy conditions, temperature and humidity and their range of fluctuation around back were higher than those around chest. Humidity was high and had wide range of fluctuation in general conditions. Heart rate was 4.4 beats/min higher in general conditions. In subjective test on rainy conditions, the feeling of discomfort increased due to the raindrops fallen on the skin. Unlike that in general conditions, cold sensation increased and humidity sensation reached to the peak after the exercise. In wearing sportswear made of shape memory breathable waterproof fabric, controlling function over a small amount of heat and water was distinctive while it turned out to be not so comfortable over a large amount of heat and water. Through this, the limitation of shape memory breathable waterproof fabric was recognised.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.61
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• pp.57-90
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• 2014

International sales contract, in general, is concluded through the exchange of written forms which contain each of their own business terms and conditions among the contractual parties. To illustrate, A sends the other an offer on A's general terms and conditions of business and B accepts the offer subject to the use of B's own general terms and conditions. Where the two sets of terms and conditions do not coincide, the question may arise whether the parties(A and B) have contracted and, if so, whose general terms and conditions apply. This situation is referred to as "the battle of forms". This article would try to make, in terms of the battle of forms, a comparison between the classical perspectives and opinions which are based on the principle of the English Common Law and the modernistic perspectives and opinions which are applied to the provisions in the UCC, CISG, and PICC. Therefore, the aim of this article is to provide the increase self-consciousness with respect to the battle of forms between the contractual parties that may frequently happen in the international business transactions and will pave the way for further research in the future.

• Korea Trade Review
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• v.45 no.5
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• pp.279-301
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• 2020

In the absence of any guidance under statutory law, such as the Rules for Construction of Policy, MIA 1906, judges should follow the general principles of interpretation that apply to all contracts. In simple terms, Contra Proferentem Rule means that if the contents of the terms and conditions are ambiguous, they are interpreted against the writer of the terms and conditions. In the Anglo-American Contract Law, the 'default rule' is an important judicial tool that can supplement defects in contract norms and reinforce the principle of private autonomy through gap-filling techniques related to the interpretation of contracts. In Korea, it is sometimes mentioned in case of precedent, and it has been established as a clear rule. This study analyzes the interpretation of terms and conditions is not in the form that the interpretation of other general contracts and other interpretation principles are valid, but contracts based on terms and conditions are also contracts, and as a general rule, the interpretation of terms and conditions is explained like the general contract interpretation.

• Kyungpook Mathematical Journal
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• v.45 no.4
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• pp.455-470
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• 2005

This paper introduces compactness notions for frames which are expressed in terms of the convergence of suitably specified general filters. It establishes several preservation properties for them as well as their coreflectiveness in the setting of regular frames. Further, it shows that supercompact, compact, and $Lindel{\ddot{o}}f$ frames can be described by compactness conditions of the present form so that various familiar facts become consequences of these general results. In addition, the Prime Ideal Theorem and the Axiom of Countable Choice are proved to be equivalent to certain conditions connected with the kind of compactness considered here.

• Korean Journal of Mathematics
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• v.30 no.2
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• pp.283-296
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• 2022

In 1985, Khan gave some sufficient conditions on semigroup identities to be preserved under epis of semigroups in conjunction with the general semigroup permutation identity. But determination of all identities which are preserved under epis in conjunction with the general permutation identity is an open problem in the category of all semigroups and hence, in the category of all posemigroups. In this paper, we first find some sufficient conditions on an identity to be preserved under epis of posemigroups in conjunction with any nontrivial general permutation identity. We also find some sufficient conditions on posemigroup identities to be preserved under epis of posemigroups in conjunction with the posemigroup permutation identity, not a general permutation identity.

• Korean Journal of Construction Engineering and Management
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• v.6 no.5 s.27
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• pp.177-185
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• 2005

Construction uncertainties are frequently exposed to the claims. In most cases, an interpretation of the claims is based on the construction contract. Therefore, the key points of contract negotiation are how to fairly distribute the contract risks to the client and contractor. For these, a FIDIC that is considered as an international standard contract form would be a good reference to decide reasonable contract risk distribution. In order to find out any unreasonable and unfair contract clauses at the general conditions of contract applying generally to public construction project in Korea, this study surveys, analyses and evaluates the general conditions of contract based on a FIDIC, and then proposes a risk mitigation methodology to response those clauses' risk factors reasonably.

• Journal of applied mathematics & informatics
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• v.27 no.1_2
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• pp.343-350
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• 2009

We prove the existence of common fixed point for multivalued maps satisfying general contractive type conditions.