• 무역상무연구
• /
• 제23권
• /
• pp.129-153
• /
• 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.

• 한국건설관리학회:학술대회논문집
• /
• 한국건설관리학회 2003년도 학술대회지
• /
• pp.303-306
• /
• 2003

본 연구에서는 국내 일괄발주방식에 적합한 공사계약일반조건 문제점 도출을 목적으로 수행되었다. 이를 위하여 국내외의 일괄발주방식에 관한 문헌고찰과 계약서 구성체계를 조사하였다. 또한, 국내 표준계약서와 국외 일괄발주방식의 표준계약서 비교를 통하여 국내 설계시공일괄발주방식에 사용하고 있는 표준계약서에 누락되거나 미흡한 조항을 분석하고, 실무자 설문조사를 통하여 일괄발주방식에 필요한 주요 조항을 조사하였다. 이를 통하여 도출된 문제점을 해결하기 위하여 국내의 일괄발주방식에 적합한 공사계약 일반조건의 개선을 위한 기초 자료를 마련하였다.

• 한국지하수토양환경학회:학술대회논문집
• /
• 한국지하수토양환경학회 2004년도 총회 및 춘계학술발표회
• /
• pp.88-91
• /
• 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.

• 한국의류산업학회지
• /
• 제2권5호
• /
• pp.416-422
• /
• 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.

• 무역상무연구
• /
• 제61권
• /
• pp.57-90
• /
• 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.

• 무역학회지
• /
• 제45권5호
• /
• pp.279-301
• /
• 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
• /
• 제45권4호
• /
• pp.455-470
• /
• 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
• /
• 제30권2호
• /
• pp.283-296
• /
• 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.

• 한국건설관리학회논문집
• /
• 제6권5호
• /
• pp.177-185
• /
• 2005

건설공사의 불확실성은 빈번히 클레임에 노출된다. 대부분의 경우 이러한 클레임에 대한 기본적인 해석은 공사계약서를 기준으로 하게 된다. 이러한 계약서 작성시의 문제는 발주자나 시공자가 부담하여야 하는 계약적 위험(risk)이 어떻게 규정되어 있어야 합리적인 수준인가를 판단하는 것인데 이러한 판단을 위해서는 FIDIC 계약조건과 같이 국제적으로 합리성을 인정받는 표준계약조건을 참고하는 것이 합리적이라 하겠다. 이에 본 연구는 FIDIC 계약조건을 기준으로 국내 공공공사에서 일반적으로 사용하는 공사계약일반조건에 내재되어 있는 불공정, 불합리 조항을 분석하여 세계적 수준에 맞는 공사계약조건을 제시하고자 위험관리의 관점에서 공사 계약조건을 분석하고, 여기서 도출되는 위험요인을 검증하며, 이에 대한 대응방안을 모색함으로써 공사계약일반조건의 위험요인 감소방안을 제시하고자 한다.

• Journal of applied mathematics & informatics
• /
• 제27권1_2호
• /
• pp.343-350
• /
• 2009

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