• 한국언어정보학회지:언어와정보
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• 제9권2호
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• pp.85-105
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• 2005

This study aims at investigating the 'verb-second' phenomena indicated in complex sentences of medieval Spanish. Especially, when the complex sentence is composed of a preposed adverbial clause and its succeeding main clause, the subject inversion is noticeable in the latter. The fundamental motive of this type of inversion is due to the 'verb-second' structure, in which a topic appears in the first position and the verb immediately after the topic. So it can be said that the subject inversion is a prerequisite for a verb to be located in the second position when the adverbial clause functions as a topic to the main clause, as is often the case with Germanic languages like German, Dutch, etc.. On the contrary, modern Spanish complex sentences do not show this phenomenon, with a strong tendency to locate a grammatical subject in the preverbal position. Therefore, medieval Spanish might be typologically closer to Germanic languages than to modern Spanish. In order to argue for this assumption, the formal and functional criteria by which the preposed adverbial clause could be defined as a topic NP will be examined across the comparition with left-dislocation structure.

• 한국정보과학회논문지:소프트웨어및응용
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• 제35권1호
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• pp.50-58
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• 2008

한국어 문장은 대부분 주절과 내포문을 가지는 복문으로 구성되어 있다. 따라서 복문에 나타나는 하나 이상의 용언으로 인해 구문 분석 과정에서 다양한 구문 애매성이 발생한다. 이들 중 대부분은 내포문의 수식 범위로부터 발생되는 구 부착의 문제 때문이다. 이런 구문 애매성은 내포문의 범위를 정해서 하나의 구문 범주의 기능을 가지도록 하면 해결할 수가 있다. 본 논문에서는 내포문의 범위를 정하기 위해서 문형과 한국어의 구문 특성을 이용한다. 먼저, 내포문에 있는 용언의 문형 정보가 가질 수 있는 필수격을 최대로 부착하여 내포문의 범위를 정하고 이를 이용해서 복문을 내포문과 주절로 분할한다. 그리고 한국어의 구문 특성을 이용해서 분할된 내포문의 기능을 하나의 구문 범주인 체언구나 부사구로 변환한다. 이렇게 함으로써 복합문의 구성 형태가 단문 구조로 변환되기 때문에 내포문의 범위에 의한 구 부착의 문제가 쉽게 해결된다. 이것을 본 논문에서는 내포문의 단문 분할이라고 한다. 본 논문에서 제안한 방법으로 1000 문장을 실험한 결과 문형과 단문 분할을 이용하지 않은 방법보다 구문 애매성이 88.32% 감소되었다.

• 인지과학
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• 제4권2호
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• pp.29-51
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• 1994

본 논문의 목적은 영어 관계절의 의미를 분석하여 컴퓨터의 자연언어 처리 및 기계번역에 사용될 수 있는 중간언어(interlanguage)형식으로 의미표시(semantic representation)하려는 것이다.이를 위하여 최근에 미국의 John.F.Sowa를 중심으로 개발되고 있는 개념구조론(Conceptual Structure Theory)에서의 개념도식(conceptual graph)을 이용하였다.우선 개념구조론을 고찰한 후, 영어 관계절을 제한적 의미와 비제한적 의미에 따라 다르게 기술하였는데,제한적 관계절은-표현을 이용하고,비제한 관계절은 동격의 의미와 부사적 의미,그리고 논평적 의미에 따라 다르게 기술하였다.

• International Journal of Advanced Culture Technology
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• 제8권4호
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• pp.161-166
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• 2020

The primary aim of this paper is to analyze the resultative adjunct clause, i.e., (thus/thereby/hence) ~ing participle and provide explicit syntactic, semantic and sociolinguistic explanation on the question what causes the cause-focused causal construction with resultative (thus/thereby/hence) ~ing participle in English. What comes first is either cause or effect clause. This study explores the recent style shift of causal constructions from the effect-focused pattern to the cause-focused pattern. In this study, we argue that the increasing number of the cause-focused main clause with a resultative ~ing participle clause shows the process of the style evolution improving speech/wring style in many respects including syntactic simplification, clarification of the sentence meaning with impact on the focused clauses, and improvement of the flow of speech/writing. The style shift found in the English resultative adjunct clauses, i.e., (thus/hence/thereby) ~ing participle constructions prove to be the style evolution from syntactic, semantic and sociolinguistic point of views.

• 무역상무연구
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• 제43권
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• pp.275-295
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• 2009

After a long period of development and worldwide consultation, the London-based Joint Cargo Committee has revised the Institute Cargo Clauses (A), (B) & (C) and some ancillary Institute Clauses. The revision mainly include a clarification of the exclusions within the clauses, some modernization of the language of the clauses and new definitions of some terms. With these revisions, the coverage is widened to offer more protection to the assured. This may enable the widely used Institute Cargo Clauses to receive even greater worldwide acceptance. The following are the main changes in the new 2009 ICC compared with the 1982 ICC. 1. Insufficient or unsuitable Packing or Preparation(Clause 4.3): The revised clause is more favourable to the assured because under the revised clause this sub-clause is only applicable to (a) where packing or preparation is carried out by the assured or their employees or (b) packing or preparation takes place before the attachment of the risk. 2. Insolvency or Financial Default (Clause 4.6): The insolvency and financial default wording is incorporated in the revised clauses, making it more favourable to the assured. 3. Unseaworthiness (Clause 5): The revision is more favourable to the assured in that it limits the exclusion in relation to the unfitness of vehicles, vessels or containers to cases where the assured or their employees are privy to such unfitness. 4. Terrorism (Clause 7): A new definition of "terrorism" is introduced and the revised clause also widens the acts of an individual to encompass ideological and religious motives.

• 한국중재학회지:중재연구
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• 제12권2호
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• pp.303-336
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• 2003

Incorporation of an arbitration clause by reference to other documents occurs in many international business transactions. The reference is either to another document that contains arbitration clause or to trading rules which contain the arbitration clause, without the main contract mentioning that arbitration has been agreed upon. In fact, incorporation by reference in to a contract of an arbitration clause set forth in another agreement is deemed valid in any number of circumstances, even when the parties to the two contractual instruments are not the same. Difficulties arise when, instead of an express arbitration provision, a contract contains a clause which refers to the trading rules of a certain trade association, so-called external arbitration clause. The U.S. courts which will presume that the parties intended to arbitrate under a particular set of rules when they expressly mentioned arbitration in their agreement, have sometimes refused to enforce contract clauses that do no more than refer to particular trading rules, even if these rules contain provisions binding the parties to arbitrate their disputes. The courts in such cases tend to be careful in determinig whether intent to arbitrate is present. In maritime contracts, the arbitration clause in a charter party is often referred to in the bill of lading. Such reference usually is held binding upon the parties to the contract of carriage, their knowledge of such practice being presumed. A nonsignatory may compell arbitration against a party to an arbitration agreement when that party has entered into a separate contractual relationship with the nonsignatory which incorporates the existing arbitration clause. If a party's arbitration clause is expressly incorporated into a bill of lading, nonsignatories … who are linked to that bill … may be bound to the arbitration agreement of others. An arbitration clause in a charterparty will be incorporated into a bill of lading if either - (a) there are specific words of incorporation in the bill, and the arbitration clause is so worded as to make sense in the context of the bill, and the clause dose not conflict with the express terms of the bill; or (b) there are general words of incorporation in the bill, and the arbitration clause or some other provision in the charter makes it clear that the clause is to govern disputes under the bill as well as under the charter. In all other cases, the arbitration clause is not incorporated into the bill.

• 무역상무연구
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• 제59권
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• pp.81-112
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• 2013

This article intends to examine main features of revision in relation to the duration of cover in the Institute Cargo Clauses 2009 and the results of analysis are as followings. First, the cover, which had been "warehouse to warehouse", has been extended to what may be called "shelf to unloading". Thus the insurance attaches when the goods are first moved within the warehouse or place of storage at the named place for the purpose of immediate loading for the commencement of transit. Secondly, the new termination Clause 8.1.3 requires an election by the assured, or their employees, to use a vehicle or container, for storage other than in the ordinary course of transit. Thirdly, Clause 10.1, which deals with the assured's voluntary change of voyage, was amended to solve the problem that the words "held covered" could be misunderstood by an assured without specialist knowledge of English marine insurance law to be a guarantee of cover, even where cover would not be commercially available. Finally, Clause 10.2 is designed to solve the so-called "phantom ship problem", arising from the harsh decision in The Prestrioka. The new Clause 10.2 provides protection for an innocent assured in the situation of a phantom ship.

• 한국중재학회지:중재연구
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• 제27권4호
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• pp.91-113
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• 2017

UN Convention on International Sale of Goods (CISG) and International Commercial Arbitration aim at the promotion and facilitation of international trade. Both of them share similar general principles; i.e., party autonomy and pacta sunt servanda. Also they are often applied concurrently in the case of the international commercial trade. The purpose of this article is to investigate whether the CISG could apply the formation of the arbitration clause that is included in the main contract governed by CISG. Sellers and buyers have freedom of designating choice of law that is applied to their contracts. An international arbitration agreement is presumed to be separable from the contract in which it is found. However, arbitration clauses commonly form part of a general contract. Thus, the CISG is intended to be applied to dispute resolution clauses, including arbitration clause even if it is not completely suitable. Notably, there is a fundamental distinction between the CISG and arbitration. The CISG abolished the formalities of contract. New York convention requires Contracting States' Courts to enforce written international agreements to arbitrate.

• 비교문화연구
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• 제49권
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• pp.1-32
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• 2017

본 논문은 보어로 사용된 사격 구문의 구조 및 의미적 특징을 논의하고, 비정형 V-ing 보어절 구문에 사용된 전치사 for와 from의 교체현상에서 드러난 문법적 특징을 고찰한다. 본 논문에서는 경험적 자료에 근거해 이 구문에서 사용되는 주절 동사를 기준으로 세 가지 유형의 통사적 패턴이 있다는 것을 제시하고, 이와 동시에 이 세 가지 통사 유형이 의미와 긴밀하게 연결되어 있다는 사실을 제시한다. 이런 유형분류는 수동태와 동사적 상에서 그 근거를 제시한다. 또한 비정형 V-ing절을 이끄는 전치사 for와 from의 기능을 고려해 본다면, 전치사로 취급하는 것이 타당하다는 견해를 제시한다.

• 한국중재학회지:중재연구
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• 제24권2호
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• pp.109-136
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• 2014

The separability of an arbitration clause is generally recognized throughout the world, but there are no provisions of it under the Federal Arbitration Act(FAA) of the United States. As such, the controversy over the recognition of separability has developed with the rise of certain cases. The Supreme Court recognized this separability based on section 4 of the FAA in the decision of the Prima Paint case. The Court ruled that courts must decide the claim about the fraudulent inducement of an arbitration agreement itself, but they must not decide the claim about the fraudulent inducement of a contract involving a broad arbitration clause, and they have to proceed with the arbitration. The Court said that the subject of an arbitral award is set by the agreement of the parties, and thereby arbitrators can decide the issues about the fraudulent inducement of a contract on the basis of the arbitration clause when it is broad to the point of including the issues. Many courts have extended the separability beyond the fraud context to include other defenses to contract formation in the federal courts such as the occurrence of mistake, illegality, and frustration of purpose. In interpreting the parties' intention of ensuring arbitrator competence, the Supreme Court has treated differently the issues about whether the arbitration agreement exists or not and the issues about whether the preconditions for dispute resolution by a valid arbitration agreement is fulfilled or not. The Court holds that the federal policy in favor of arbitration does not apply to the former issues, and arbitrators can decide theses issues only when parties assign them clearly and unmistakably to them. However, the later issues receive a presumption in favor of arbitration; i.e., when the interpretation of a valid arbitration clause is contested, the arbitrators can decide these issues. In the First Options case, the former issue was questioned. The question of the separability of an arbitration clause is where the validity of the main contract involving the arbitration clause is contested. Therefore, the doctrine of separability did not operate in the First Options case in which the validity of the arbitration clause itself was questioned, and the decision in the First Options was irrelevant to the separability. I think that the Prima Paint case and the First Options case have different issues, and there is no tension between them.