• 제목/요약/키워드: main clause

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확정오퍼가설 관점에서 바라 본 대위중재의 허용여부 (Admissibility of Subrogation Arbitration in the view of Firm Offer Hypothesis)

  • 조정곤
    • 통상정보연구
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    • 제15권4호
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    • pp.287-311
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    • 2013
  • 본 연구는 대위중재에서의 당사자적격성과 관련하여 복잡하게 전개될 수 있는 시비를 해결할 수 있는 방향의 설정에 대해 고찰하였다. 결함문제를 해결하기 위해 전례를 분석해 본 결과, 대위중재로 중재판정에 이른 사례는 찾아볼 수 있지만 대위중재 그 자체에 대한 판정이유는 불분명하다. 기존의 법원판례는 대위중재를 허용하는 듯 안 하는 듯 애매모호하고 대위중재의 허용여부에 대한 직접적인 법원의 판례는 찾아보기 힘들다. 또한 어느 한 국가의 판례로는 국제거래에서 발생하는 대위중재에 대해 단정할 수도 없다. 대위중재가 자동으로 허용되는지 아닌지 분명하지 않으면 전략적 차원에서 볼 때 분쟁해결절차의 경우의 수는 너무나 많아 수많은 사회적 비용을 치르게 된다. 따라서 향후 대위중재의 허용여부에 대한 국제적 통일지침의 확정이 긴요한 바, 본고에서는 자동차 대위중재제도, 공백과 상호주의 그리고 코즈정리의 관점에서 고찰한 결과 확정오퍼가설에 입각한 대위중재의 제도정립이 바람직하다는 결론에 이르렀다. 대위중재사건을 맡은 중재인들이나 판사들, 그리고 관련자들이 확정오퍼가설에 입각하여 대위중재에서의 당사자적격성을 판단한다면 본고에서 살펴본 대위중재와 관련한 문제점들을 대부분 해결할 수 있을 것으로 기대된다. 또한 국제적으로도 대위중재에 대한 확정오퍼가설이 확산됨으로써 대위중재의 일관된 해결원리가 확정오퍼가설로 수렴되기를 기대한다.

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Against the Asymmetric CP- V2 Analysis of Old English

  • Yoon, Hee-Cheol
    • 한국영어학회지:영어학
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    • 제4권2호
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    • pp.117-149
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    • 2004
  • The paper is to argue against the asymmetric CP-V2 analysis of Old English, according to which finite verbs invariably undergo movement into a clause-final T within subordinate clauses and reach the functional head C within main clauses. The asymmetric CP-V2 analysis, first of all, faces difficulty in explaining a wide range of post-verbal elements within subordinate clauses. To resolve the problem, the analysis has to abandon the obligatoriness of V-to-T movement or introduce various types of extraposition whose status is dubious as a legitimate syntactic operation. Obligatory V-to-T movement in Old English lacks conceptual justification as well. Crosslinguistic evidence reveals that morphological richness in verbal inflection cannot entail overt verb movement. Moreover, the operation is always string-vacuous under the asymmetric CP- V2 analysis and has no effect at the interfaces, in violation of the principle of economy. The distribution of Old English finite verbs in main clauses also undermines the asymmetric CP-V2 analysis. Conceptually speaking, a proper syntactic trigger cannot be confirmed to motivate obligatory verb movement to C. The operation not only gets little support from nominative Case marking, the distribution of expletives, or complementizer agreement but also requires the unconvincing stipulation that expletives as well as sentence-initial subjects result from string-vacuous topicalization. Finally, textual evidence testifies that Old English sometimes permits non-V2 ordering patterns, many of which remain unexplained under the asymmetric CP-V2 analysis.

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Construction Delay Risk and its Prevention Measures

  • Acharya, Nirmal Kumar;Lee, Young-Dai;Im, Hae-Man
    • 한국건설관리학회:학술대회논문집
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    • 한국건설관리학회 2006년도 정기학술발표대회 논문집
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    • pp.268-270
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    • 2006
  • The purpose of this paper was to explore delay avoiding measures and strategies. The paper was based on previous work of authors on finding delay causes. Firstly, the paper has discussed about delay avoidance measures prescribed by the previous work. As the previous study identified five main causes of construction delays, various measures and strategies to overcome those delay problems have been discussed in sequence in the last sections. Major delay prevention strategies are: involving stakeholders in the project decisions, outreach program, realistic time and resource estimation, try to adjust the triple constraints of time, cost and scope, ensure fair and complete disclosure of information at an early stage of the construction project, contractor, itself should inquire about patent design errors prior to submitting its bid, owner should include in its contract with the consultant an indemnity (protection) clause etc.

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Constructional Constraints in English Free Relative Constructions

  • Kim, Jong-Bok
    • 한국언어정보학회지:언어와정보
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    • 제5권1호
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    • pp.35-53
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    • 2001
  • As a subtype of English relative clause constructions, free relative constructions like what John ate in I ate what John ate exhibit complicated syntactic and semantic properties. In particular, the constructions have mixed properties of nominal and verbal: they have the internal syntax of sentence and the external syntax of noun phrase. This paper provides a constraint-based approach to these mixed constructions, and shows that simple constructional constraints are enough to capture their complexities. The paper begins by surveying the properties of the constructions. In discusses two types(Specific and nonspecific) of free relatives, their ,lexical restrictions nominal properties and behavior with respect to extraposition, piped piping and stacking Following these it sketches the basic framework of the HPSG(Head-driven Phrase Structure Grammar) which is of relevance in this paper. As the main part, the paper presents a constraint- based analysis in which tight interactions between grammatical constructions and a rich network of inheritance relations play important roles in accounting for the basic as well as complex properties of the constructions is question.

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서남방언의 '-을란지라' 구문 연구 (-eullanjira Construction of the Southwestern Dialect in Korea)

  • 김지은
    • 한국어학
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    • 제74권
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    • pp.1-24
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    • 2017
  • This paper investigated -eullanjira sentence as a kind of construction of the Southwestern dialect in Korea. Five informants were selected to form the main corpus of -eullanjira. Through analyzing the corpus, its semantic, syntactic and morphological characteristics were figured out. Firstly, a view of construction grammar was adopted to capture the semantic and syntactic characteristics of -eullanjira. The construction of -eullanjira was established as "Xdo Yeullanjira Z". Syntactically, -do was found to be a common auxiliary particle, which allowed nouns, adverbs, verbs and adjectives to appear at the position of X, while only verbs and adjectives could appear at the position of Y. Subject-honorific, causative and passive prefinal endings could coexist with Y, while tense and modal prefinal endings could not. Z was an embedded clause, which had the semantic feature of [-DOUBT], meaning 'it should be done undoubtedly'. The formation of -eullanjira was next examined both diachronically and synchronically. It was found there was a conjuntive ending of Middle Korean, corresponding -eullanjira, namely, -landai. Finally, -eullanjira was newly analyzed as [[-eulla-]+[-n-ji-ra]].

1948년에 출간된 조복성의 곤충 관련 저작에 관한 연구 - 『곤충이야기』와 『곤충기』를 중심으로 - (A Study on Jo Bok-seong's Insect-related Books Published in 1948: Focused on Story of Insects and About Insects)

  • 진나영
    • 한국문헌정보학회지
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    • 제53권2호
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    • pp.267-294
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    • 2019
  • 본 연구는 1948년에 발행된 생물학자 조복성의 저작인 "곤충이야기"와 "곤충기"를 대상으로 형태 및 체제, 내용분석을 통해 두 저작의 특징과 구성 및 내용에 대해 심도 있게 살펴보았다. 을유문화사의 병설단체인 아협에서 발행한 "곤충이야기"는 A5판의 국판(菊版), 을유문화사에서 발행한 "곤충기"는 A6판 문고판으로 출간되었다. 또한 "곤충이야기"는 앞표지-표제지-머리말-차례-본문-판권기-광고-뒤표지로, "곤충기"는 앞표지-표제지-목차-서언-본문-판권기-을유문고 발간사(發刊辭)-광고-뒤표지의 체제로 구성되었다. 두 저작의 내용을 통해 주요 독자층은 "곤충이야기"의 경우 어린이 및 소학생, "곤충기"는 대학생 및 청년으로 밝혀졌다. 또한 "곤충이야기"에서는 65종 곤충을 조복성이 설정한 11개의 류(類), "곤충기"는 약 56종의 곤충에 대해 9개의 류(類)의 분류체계에 따라 설명했다. 두 저작에 수록된 곤충의 수와 분류체계의 명칭은 서로 달랐으나 "곤충이야기"의 분류체계 대부분이 "곤충기"의 것에 수용됨을 확인했다.

CISG as a Governing Law to an Arbitration Agreement

  • Park, Eun-Ok
    • Journal of Korea Trade
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    • 제25권7호
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    • pp.108-121
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    • 2021
  • Purpose - This paper studies whether the CISG is applicable to the arbitration agreement when the validity of the arbitration agreement becomes an issue. To make the study clear, it limits the cases assuming that the governing law of the main contract is the CISG and the arbitration agreement is inserted in the main contract as a clause. Also, this paper discusses only substantive and formal validity of the arbitration agreement because the CISG does not cover the questions of the parties' capacity and arbitrability of the dispute. Design/methodology - This paper is based on scholarly writings and cases focusing on the principle of party autonomy, formation of contract and the doctrine of separability to discuss characteristic of arbitration agreement. In analyzing the cases, it concentrates on the facts and reasonings that show how the relative regulations and rules are interpreted and applied. Findings - The findings of this paper are; regarding substantive validity of arbitration agreement, the courts and arbitral tribunals consider general principles of law for the contract and the governing law for the main contract. In relation to formal validity of arbitration agreement, the law at the seat of arbitration or the law of the enforcing country are considered as the governing law in preference to the CISG because of the recognition and enforcement issues. Originality/value - This paper attempts to find the correlation between the CISG and the arbitration agreement. It studies scholars' writing and cases which have meaningful implication on this issue. By doing so, it can provide contracting parties and practitioners with some practical guidelines about the governing law for the arbitration agreement. Furthermore, it can help them to reduce unpredictability that they may confront regarding this issue in the future.

상의 스트라이프의 방향, 폭, 색상대비가 인상형성에 미치는 영향 (The Effect of Stripe Pattern Direction, Width, and Color Contrast of Upper Garment on Impression Formation)

  • 문주영;강경자
    • 한국의상디자인학회지
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    • 제8권3호
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    • pp.1-15
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    • 2006
  • The purpose of this research is to find out the effect of clothing style and mixtures of stripe pattern direction, width, and coloration of an upper garment. The experimental materials made for this study are a set of stimuli and response scale(The 7-Point semantic). The subjects were 480 female undergraduate students in Seoul, Busan, Gyung-nam. The 80 stimuli which were variously incorporated with clothing styles and stipe patterns were assessed by the students. The following contents summarizes the results of the research. Impression factors of the stimuli consists of the 5 dimensions(Attractiveness, Show, Activity, Clearness, mildness). Amon these, the Attractiveness and Show dimensions proved to be more important. The clothing style and pattern direction indicated main effect in attractiveness and activity dimension. The pattern coloration showed a significant effect in dimensions except attractiveness and clearness. The pattern width had a significant effect only in the activity. Significant interaction effects of each clothing clause were found in the attractiveness, activity and clearness, but Show and mildness had no significant interaction effect. This research, as the 06 S/S, F/W trend, is a meaningful study in that it handled in the form of expression the stripe pattern used unrestrictedly in the casual wear or the formal wear by a fashion keyword.

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국제계약에서 투자가보호를 위한 최소보호요건에 관한 연구 (A Study on the Minimum Protection of Investor in International Contract)

  • 김재성
    • 무역상무연구
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    • 제58권
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    • pp.313-328
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    • 2013
  • Today FTA extends over the world and Korea as a main member of international trade is no exception. In the past Korea, as the developing countries, has made endlessly effort to induce foreign investment from foreign enterprise and/or government to be a truly OECD countries today and made it. Korea's trade economy was reached 1 trillion dollars in 2012. Now we have to find a new way to produce, process, procure goods from foreign investment and also need to protect our profit and/or rights within foreign judicial territory. There are two method to protect foreign enterprise or government. First they rely on general principles in WTO or Bilateral Investment Treaty that the principle of equality, national treatment, and most-favored-nation treatment, you can create a predictable environment to protect foreign enterprise and/or government. Second they need to incorporate contractual clauses in their agreement such as stabilization clause, force majeure, arbitration, governing law or sovereign immunity. Of course there are many things left behind to consider I hope it will be helpful to those who prepare foreign investment contract.

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Variation of Cannonical Sentence Structure in Korean & Japanese Dialects & its Implication

  • Khym, Han-gyoo
    • International Journal of Internet, Broadcasting and Communication
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    • 제7권2호
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    • pp.142-148
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    • 2015
  • The main purpose of this squib is to provide a new principled account for variation of canonical sentence structure in Korean and Japanese based on the linguistic data commonly observed in some dialects of Korean and Japanese. Unlike the English case in which Comp(lementizer) such as 'that' in an embedded clause freely drops as far as the ECP (Lasnik & Saito 1992) is obeyed, some dialects of both Korean and Japanese show interesting linguistic data very different from those of English, thereby leading us to reasonably doubt the traditionally-accepted paradigm of the canonical sentence structure of CP for all languages. In this squib I propose, based on Korean & Japanese dialects and by developing the Minimal Structure Principle (MSP) ($Bo{\check{s}}kovi{\acute{c}}$ 1997, p. 25), that the cannonical structure of a sentence is not fixed, from the beginning at all, to be one single maximal category, CP. Instead, it should be decided to be either CP or IP, based on the feature of [${\pm}$markedness] and MSP, and the marked (or non-cannonical) embedded sentence needs to satisfy ECP for adjacency (or feature-licensing by the matrix verb in the MP terminology).