• Title/Summary/Keyword: obligation

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A Study on the Buyer's Timely Inspection of the Goods in International Sale of Goods (국제물품매매에서 물품검사시기에 관한 고찰)

  • HA, Kang-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.74
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    • pp.1-23
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    • 2017
  • The buyer must examine the goods, or cause them to be examined, within as short a period as is practicable in the circumstances. Article 38 lays down a fundamental principle that requires the buyer to examine quickly the goods delivered by the seller. Article 38 (1) provides that the examination be made within as short a period as practicable in the circumstances. The goods have to be examined within as short a period as is practicable in the circumstances. The rule is based on the fundamental idea of reasonableness, meaning that the buyer must examine the goods as soon as reasonably possible. It may be said that the buyer should act reasonably fast. Article 38 (2), (3) concerns sales involving carriage of the goods, where the seller's obligation to deliver consists in handing the goods over to the first carrier for transmission to the buyer. In this case the buyer is generally able to examine the goods only after they have come to destination. Article 38 (3) takes into account the case where the buyer redirects the goods in transit or re-dispatches them to another destination. Redirection in transit occurs when the destination is changed before the goods are received by the buyer. The buyer could re-dispatch the goods without having them unloaded, or re-dispatch them through another carrier.

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A Survey on Medical Radiation Dose by the Radiographic Conditions of Chest (흉부 X선촬영 조건에 따르는 의료피폭에 관한 조사연구)

  • Huh, Joon;Kim, Sun-Soo;Park, Jun-Chul
    • Journal of radiological science and technology
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    • v.15 no.1
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    • pp.79-87
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    • 1992
  • It is a matter of common knowledge that madical radiation is most accented for of radiation is doses applied to the whole of people, and of them the radation dose by radiography diagnosis is mainly prevalent. In applying X-rays to a certain man for radiography diagnosis a radiologyist will have to have an absolute sense of mission concerning the reduction and prevention of the patient's radiation dose as the radiologyist obligation. Accordingly, the radiography conditions of the patient's chest employed 197 medical facilites were surveyed and skin dose was computated by the IPH Bit system and examined. As a result, it was shown that the average skin dose was $288\;{\mu}Sv$, its minimum value was $1600\;{\mu}Sv$, which was over 32 times its minimum value. This shows that the appropriate radiography method has not been applied at applying X-ray to the patient. It comes from the performance of X-ray equipment, the choice of auxiliary equipment materials etc. But the most important thing is to master the appropriate radiography condition, and therefore this point will have to be kept in mind.

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Generation Investment Model Development and Behavior Analysis using System Dynamics Approach (System Dynamics에 의한 발전설비투자 모델개발 및 행태 분석)

  • Kim, Hyun-Shil;Yoon, Yong-Beum
    • The Transactions of The Korean Institute of Electrical Engineers
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    • v.56 no.10
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    • pp.1731-1737
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    • 2007
  • The Korea electricity wholesale market is operated under the cost-based-pool system and the government regulation to the new generation capacities in order to insure the resource adequacy. The goal of government's regulation is the electricity market stability by attracting proper generation investment while keeping the reliability of system. Generation companies must mandatory observe that government plan by now. But if the restructuring is to be complete, generation companies should not bear any obligation to invest unless their profitability is guaranteed. Namely the investors' behavior will be affected by the market prices. In this paper, the system dynamics model for Korea wholesale electricity market to examine whether competitive market can help to stabilize is developed and analyzes the investors behavior. The simulation results show that market controlled by government will be operated stable without resulting in price spike but there is no lower price because of maintaining the reasonable reserve margin. However, if the competition is introduced and the new investment is determined by the investor's decision without government intervention, the benefits from lower wholesale price are expected. Nevertheless, the volatility in the wholesale market increases, which increases the investment risks.

A Study on the Cases of Seller's Fundamental Breach (근본적(根本的) 계약위반(契約違反) 조항(條項)의 적용(適用) 사례(事例)에 관한 고찰(考察) - 매도인(賣渡人)의 의무위반(義務違反)을 중심(中心)으로-)

  • Ha, Kang-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.19
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    • pp.67-93
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    • 2003
  • The CISG approach was intended to make the remedial system clear, but produced ambiguity, and complexity. The CISG does not differentiate between main, auxiliary and participatory obligations. There is no distinction between breaches of main or breaches of auxiliary obligations, rather, a distinction is made between fundamental and other breaches of contract. Articles 25 gives the definition of fundamental breach of contract. This concept is the essential of avoidance and remedial system in the CISG. This concept, however, is ambiguous. The fact that the fundamentality of a breach of contract in many cases is the condition for an avoidance of contract, is expression of the trend of the CISG to preserve contracts, which I consider as essential in international trade. The elements which define a substantial detriment are extremely complex. It will become obvious that the relevant detriment is not a static element, but in many instances occurs only when the breach of contract continues. It should be added that it is the circumstances of each individual case which are relevant. It is to be stressed that a fundamental breach of contract must constitute also a non-fulfillment of a contractual obligation.

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A Study on the Transaction Matching Application and Major BPO Business Scenarios (TMA의 운용과 주요 BPO 비즈니스 시나리오에 관한 연구)

  • CHAE, Jin-Ik
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.65
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    • pp.117-139
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    • 2015
  • The BPO is an irrevocable undertaking given by an obligor bank to a recipient bank to pay a specified amount under the condition of a successful electronic matching of data or acceptance of mismatches. The BPO enables the participating banks to provide sellers and buyers with enhanced financing services. Therefore, BPO gives banks the tools to provide them with guarantees and other multi-banking services. All the participating banks must use the same Transaction Matching Application(TMA) for BPO business. In order to exchange BPO-related data, banks must be subscribed to the same TMA scheme. Participation in the TMA scheme is limited to banks only. The TMA is matching and workflow application as instrument to determine whether to pay the BPO or not. Therefore, TMA will have an important role to play in the business of the BPO. So, This paper is to review the mechanism of a TMA and the major business scenarios in Banking Payment Obligation Transactions. In Particular, it has been included the exchange and matching of data messages, the disposal of discrepancies, document payment and others based on URBPO. This study will be based on documentary research including swift com and icc.org and so on.

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Moderating of the Role of Technology Theory to the Existence of Consumer Behavior on e-commerce

  • MANSUR, Daduk Merdika;SULE, Erni Tisnawati;KARTINI, Dwi;OESMAN, Yevis Marty;PUTRA, Aditya Halim Perdana Kusuma;CHAMIDAH, Nurul
    • Journal of Distribution Science
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    • v.17 no.7
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    • pp.15-25
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    • 2019
  • Purpose - e-Commerce is now one of the alternatives in shopping. Ease of Use and convenience aspects are the main supporting reasons that e-commerce is a trend for most people today. This study examines the relationship between the theory of technology to consumer behavior in using e-commerce applications. Research design, data, and methodology - The number of samples in this study was 600 samples from four major e-commerce made in Indonesia. The research method of this study Structural Equation Model (SEM) with AMOS and SPSS applications as analysis tools. Results - The results of this study state that most hypotheses support prior research and grand theory. On the other hand, the components of technology acceptance theory are mostly able to moderate variable consumer behavior in the digital era. Conclusions - The combination of essential elements of technology theory are oriented to the fundamental aspects of human beings as social beings. The most important thing for the development of the e-commerce industry to develop and be sustainable is the obligation to increase consumer confidence. The combination of components of technology theory and CCT can be a comprehensive marketing strategy and innovation to competitive advantage in the future.

A Study on the Main Contents of Uniform Rules for Demand Guarantees(URDG 758) (신 청구보증 통일규칙(URDG 758)의 주요 내용에 관한 연구)

  • Park, Suk-Jae
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.51
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    • pp.241-261
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    • 2011
  • URDG 758 tracks UCP 600 in format and style. This makes it easy for practitioners to understand various terms with a lot more clarity than in URDG 458, since practitioners see things in a format and style they are accustomed to. It is a fact that the provisions of the national law will prevail over the URDG 758. In many countries there is only limited written law concerning abstract guarantees; therefore any conflict between URDG 758 and the national law will be unlikely. In many instances the instructing party is different from the applicant - the party whose obligation is supported by the guarantee. And provision for amendment is a new addition in URDG 758. Inspiration was taken from UCP 600 with some fine tuning: accpet, reject or do nothing - and the implications of each of these. Chief among the innovations in the URDG 758 is the one banning non-documentary conditions. The consensus is that the new URDG 758 is a major improvement on URDG 458 in both comprehensiveness of scope and contents of rules. The URDG 758 is likely to become the international standard in the field of demand guarantees.

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A Study on Conformity of Packing in International Sales of Contract (국제물품매매계약에서 포장의 계약적합성에 관한 연구)

  • Kim, Jae-Seong;Park, Se-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.54
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    • pp.123-144
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    • 2012
  • Seller shall deliver the goods with a perfect condition of packing or container in international trade. Unless otherwise seller shall warranty that the goods arrive at destination with a safe and economic value. Buyer may ask packing is to be made in specific condition or refuse to accept when the packing is not made in accordance with trade customs between among merchants. Especially packing is to be considered under the local law and process. Sometimes tax will be added to specific condition of packing for example glasses, metal sheet or others. Warning signs shall be included as form of both words and diagrams, and be in form of ensuring understanding in the local market. Wide range of warning signs can be used for communications and understanding of packing. Packing of a product can usefully symbolize a range of product information, or any relevant warnings, and give an opportunity for displaying messages of promoting the company and the goods. The seller may choose the best method to maintain its value but find a way to reduce packing cost, size for convenience during delivery, design, and local customs. There are many things to be considered for packing to seller. The purpose of packing is to protect the goods itself and to maintain its economic value during storage, delivery, transshipment, and distribution to end users.

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Measuring Public Service Values of Rural Railways : A Case Study of Young Dong and Donghae Nambu Lime (벽지노선의 지속적 운행을 통한 공익적 가치 측정 : 영동선과 동해남부선을 사례로)

  • Eom, Young Sook;Kim, Chae Won
    • Journal of the Korean Operations Research and Management Science Society
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    • v.41 no.4
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    • pp.1-13
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    • 2016
  • In response to the government's recent attempts to introduce competition and efficiency criteria in the rural railway service provision, this study is to empirically estimate public service values on continuous operation of two rural railways-Young Dong Line (YDL) and Donghae Nambu Line (DNL)-that will be realized beyond the passengers' use values. Based on a contingent valuation survey conducted on 600 passengers and local residents, YDL respondents were willing to pay significantly higher amount compared to those of DNL respondents. Especially tourists traveling on YDL were willing to pay the highest amount, and local residents of DNL were willing to pay relatively high amount. The results will provide useful information in makings decisions on the selection of PSO railways, the amount of PSO compensation and which railways to close, so on.

Implementation of Role Based Access Control Model for U-healthcare (유비쿼터스 헬스케어를 위한 역할 기반 접근제어 모델의 구현)

  • Lee, You-Ri;Park, Dong-Gue
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.10 no.6
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    • pp.1256-1264
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    • 2009
  • When unapproved users access to healthcare system and use medical information for other malicious purposes, it could severely threaten important information related to patients' life, because in ubiquitous environment healthcare service makes patient's various examination results, medical records or most information of a patient into data. Therefore, to solve these problems, we design RBAC(Role Based Access Control) for U-healthcare that can access control with location, time and context-awareness information like status information of user and protect patient's privacy. With implementation of the proposed model, we verify effectiveness of the access control model for healthcare in ubiquitous environment.