• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.58
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• pp.3-33
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• 2013

The purpose of this paper is to examine the problems in exercising buyer's right to claim damages for the breach of contract by the seller in international sales contract and to suggest reasonable counter-measures. The main contents are as follows: First, this author analyzed the principles of the seller's liability for damages in detail and examined the methods for the calculation of damages on the basis of Arts.74~77. As these articles are found to be insufficient in practical application, this author further examined the UNIDROIT Principles(2004) to confirm whether these Principles can fill the gaps of CISG or not, which turned out their gap-filling functions. Second, this author tried to find any expected problems when the buyer resorts to the right to claim damages in case of the seller's breach of contract including the estimation of damages, the burden of proof, causation, the proof of appropriateness for avoidance, the proof of buyer's obligation to mitigate the loss and so on. The reason is that these problems may cause a lot of difficulties in real business. As result, many buyers have given up their reasonable rights to claim damages so far. Finally, from the buyer's perspective, this author would like to suggest a liquidated damage clause(LD Clause) which gives the buyer to received a specified sum in case of seller's non-performance and/or a demand guarantee(or standby L/C) which guarantees buyer to secure unconditional payment independent of the underlying contract. For these purposes, the buyer should try to insert the LD Clause and/or Guarantee Clause in the contract when the buyer and the seller negotiate the sales contract. Also there are a lot of considerations and limitations in using the LD Clause and the Guarantee Clause in their real business, mainly dependent up bargain power between the seller and the buyer, for which this author promise to examine in detail in the future.

• Journal of Sasang Constitutional Medicine
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• v.12 no.1
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• pp.48-62
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• 2000

Creativity is the most important characteristic and ability in the 21st century. Recently leading people in Korean society are aware of the significance of the enhancement of the creativity. However, Korean students are less likely to take initiative or depart from standard ways of thinking or doing things, because Korean Confucius culture puts an emphasis on collectivism. An individual has an obligation to conform in order to avoid conflict and maintain social harmony. The rule of respecting parents and teachers leads to a lack of self-expression and entails silence. Brainstorming technique developed by American Osbron, who originated the group brainstorming in 1953, is the most popular creative thinking method for the students. Brainstorming technique has two principles : ideation can be more productive if criticism is concurrently excluded; The more ideas the better. In doing BS, each panel should consist of chairperson, an assistant chairperson, recorder, and 10 others including 2-3 females. However there are several problems in doing group BS, such as production blocking, uniformity thinking, evaluation apprehension, and social loafing. This study was undertaken to investigate the proper way of forming Brainstorming groups with Korean students according to the Sasang Constitutional Medicine originated by Korean Lee Je-ma in 1894. Human beings are classified in four group in Sasang Constitutional Medicine : Taeyang-In, Teaum-In, Soyang-In and Soum-In. Two Yang-Ins are more self-expressive : Taeyang-In has very unique ides and thoughts; Soyang-In is very humorous and like to present his/her ideas. On the other hand, two Um-Ins are passive and are not likely to speak out their ideas in group. Therefore, in this investigation firstly, the brainstorming group was formed with two Yang-Ins (Taeyang-In and Soyang-In) and two Um-Ins(Taeum-In and Soum-In) separately and secondly, Yang-Ins and Um-Ins were mixed. And the first method was compared with the second method in terms of the degree of participation of the group members and finally the better grouping method to produce more and better ideas was discussed and suggested for the educational system.

• The Journal of Sustainable Design and Educational Environment Research
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• v.14 no.3
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• pp.9-17
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• 2015

In this paper, there are several analysis on G-SEED, Building Energy Efficiency Rating System, Energy Performance Index, Energy Saving Plan about how they are applied by classification and planning standard. The analysis result found out that G-SEED has low select percentage by having difficulties to managing and additional cost when the each class is selected. And also, Building Energy Efficiency Rating System in school is planed in comparably simple design and similar size and also mostly uses high efficient machines, which was in high lever comparing to the system in facilities in other uses. In the case of EPI, there are differences on acquiring grades by each region. Especially, Gyung-gi region has a low grade on architecture part comparing to other parts, which seems to acquire more grades by strengthen insulation performance. By the result from the three standards, many facilities has only formal plan to pass the required standard without considering specialities of each buildings, which has a tendency to have a pattern to have a minimum criteria. However, School has a symbolic building which has a obligation to be the base of the aim for growing green energy buildings and green education for students. Therefore, planning with understanding of specialities of the facility, having various and rational evaluation standards from the planning of the building is necessary.

• Korean Business Review
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• v.18 no.2
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• pp.133-149
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• 2005

DAB is meeting with mixed success. Denmark is performing similarly to the UK thanks to the innovation of the public broadcaster but where DAB is not so strong, the problem can usually be pointed at the lack of enabling regulation. The UK's example, whilst not appropriate everywhere, has valuable lessons including licensing incentives for existing analogue commercial broadcasters and a market-building obligation on the national multiplex licensee. Despite the obvious success of DAB, it would be an omission to leave some of the continued criticisms unanswered, whether of its slow start or the underlying technology. True, there was much over-optimism in the mid-1990s, coupled with unrealistic promises and expectations of receiver pricing and consumer take-up. Governments across Europe have legislated for DAB digital radio in a variety of ways but few as successfully as the UK. It is essential that both public and private broadcasters are encouraged equally to participate in digital radio. The UK is fortunate because, for the last 10 years, there has been a progressive government policy towards digital broadcasting. The 1996 Broadcasting Act set out a full licensing regime for both digital television and digital radio. The 1996 UK legislation contained a number of key elements which have been cornerstones of its success. DAB digital radio began test broadcasting around ten years ago but it has not been a universal consumer success across Europe. In the UK, however, digital radio receivers are one of the fastest-selling consumer electronics products and sales have overtaken those of analogue radios. Why has the UK succeeded with DAB digital radio when other European countries have yet to see their markets take off? This article explains what steps the UK took to make DAB digital radio a success.

• Korean journal of communication and information
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• v.42
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• pp.140-167
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• 2008

This study analyzes the legal reasoning of Seoul Central District Court, which imposed legal liability on portals for posting defamatory user replies to news articles, written and provided by the news media, onto their 'News Windows'. Saddling portals with the burden of verifying the facts associated in news articles and imposing the legal obligation as a publisher entail a grave risk of impairment of free flow of information and freedom of expression. Of course, it would ultimately result in tightening up private censorship of information which the Constitution does not allow, and funker keep portals from posting even news articles in which expressed views and opinions are lawful. When judging whether portals should assume liability fur libelous user replies to news articles, it is necessary to distinguish the territory under the direct authority of portals from cafes and bulletin boards managed by third parties. In addition, imposing legal liability above the level of common carrier should be limited to the cases; when portals arbitrarily change the contents of news articles or when the articles portals changed contain libelous contents. Even if those conditions are met, the altered contents should obviously constitute libel. Only in the presence of proof that portals knew the illegality of news articles and did not take proper steps including deleting those replies, should portals not be considered as an accomplice. Nor should portals take responsibility for users' defamatory replies for those reasons.

• Journal of Digital Convergence
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• v.11 no.6
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• pp.1-9
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• 2013

The digital signal is terminated on Dec.31, 2012. But most of the analog cable subscribers are faced with the difficult reception of the digital because the government has defined the terrestrial broadcast as digital transition obligation operators. It is estimated that half analog of the total pay-TV subscriber that is approximately 10million households that are directly receiving terrestrial signal must hold the digital TV or DtoA convertor to transit digital. But cable system subscriber should buy Set-top box that are expensive and pay the expensive rates. The cast of analog cable subscribers has been classified as a group that can cause the most damage after digital switch. This study investigate the problem, and cause, solution of the analog cable subscribers that are placed in the blind spots of the digital switch.

• Korean Journal of Construction Engineering and Management
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• v.14 no.1
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• pp.52-62
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• 2013

Owners' efforts to acquire Green building certification, which started in 2002, have been rapidly increasing since 2006. The causes of the increased owners' interests are due to various incentives, legal obligation, and purpose of advertising. As project owners generally are deficient in capabilities and knowledge on how to deal with administrative works on certification, they tend to fulfill the minimum requirements for certification. However, effective administration process need capabilities of identifying individual making decision point and review information. The implementation of green building certification system is expected to provide comfort to both occupants and potential users. Furthermore it contributes to reducing energy costs throughout the phase of O&M. In addition, technology innovation in green industry can be obtained. Therefore, this study is intended to support owners in order that they can clarify certification tasks and make a rational decision-making in time. For this purpose, first of all, the major decision points were selected as the gateways of green building certification process. And then management system based on IDEF3 modeling was developed for supporting owners' decision-making performance. This management system will improve owners' overall capacity in handling all the tasks regarding the certification of Green building.

• Korean Journal of Construction Engineering and Management
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• v.19 no.2
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• pp.38-49
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• 2018

Since the ratification of the Paris Agreement (COP21), the government is continuously strengthening policies for the reduction of greenhouse gas of the construction industry in accordance with the growing importance of reducing greenhouse gas and obligation of the government. Especially, the government emphasizes the need to improve the energy performance of old public buildings. Since 2014, the government is running a pilot project in which the government supports the construction cost of the green remodeling project of old public buildings and it is intended to develop the best practice of green remodeling and activate the green remodeling in the private sector. In this study, we analyzed the economical efficiency of the old public buildings by each level through green remodeling and conducted building related investigation and equipment measurement to plan the alternatives of the corresponding buildings. The improvement plan is a green remodeling plan that integrates alternatives. Five improvement plans were developed for each level to analyze the economic feasibility of each plan. As for the analysis method, the first energy demand amount calculation and the LCC analysis were performed through ECO2. In the LCC aspect, the improved 3/4 plan (middle level plan) was the most excellent and results were obtained in the order of the highest cost plan followed by the lowest cost plan. As a result, it is expected that it can be utilized as a basic data for future green remodeling performance plan and economic feasibility analysis in the future.

• Journal of Korean Academy of Fundamentals of Nursing
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• v.5 no.2
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• pp.324-340
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• 1998

Nurses experience role conflict between nursing theory that they learned in school and clinical nursing practice. This conflict lead to lower self-image, self-esteem, job dissatisfaction. Also, the professionalism of nurses is estimatable by the grade of autonomy. The professional autonomy requires individual and professional obligation about her decision and performance. A lack of professional autonomy results in the Job dissatisfaction. Job dissatisfaction leads to absenteeism, increased proneness to mental and physical illness and higher turnover rates. The purpose of this study was to investigate professional autonomy and self-concept of clinical nurses. Data were collected from 262 clinical nurses in P city from June 1 to June 30, 1996. The instruments used for this study were made by Arthur(1990) and Schutzenhofer(1983). The data were analyzed for frequency and percetage, mean, SD, t-test, ANOVA, Pearson's correlation coefficient, stepwise mutiple regression, using SAS $PC^+$ Program. The findings were as it follows : 1. The mean of professional autonomy and self-concept were $152{\pm}18.48,\;70.65{\pm}8.20$(2.62), respectively. These showed mid level of professional autonomy and self-concept. 2. Professional autonomy of clinical nurses was found to vary significantly according to total years of clinical experience(F=4.49 p<0.01), position(F=3.49 p<0.05), and state under study for the degree(F=3.83 p<0.05). Professional self-concept was found to vary significantly according to age(F=3.52 p<0.05), marital status(F=7.39 p<0.001), total years of clinical experience(F=3.59 p<0.05), position(F= 5.22 p<0.01), the expectant period being on the duty as clinical nurse(F=8.34 p<0.001), and motivation of choosing nursing(F=5.17 p<0.001). 3. The statistical relationship between clinical nurses' professional autonomy and self-concept was found as positive correlation(r=0.42246 p<0.001). 4. Professional autonomy was the highest factor predicting professional self-concept(17.85%). Professional autonomy and marital status accounted for 20.60% in professional self-concept of clinical nurses. In conclusion, Professional autonomy and self-concept of clinical nurses showed significantly positive relationship. Therefore, nursing education needs to develop programs and policies to increase professional autonomy and self-concept of clinical nurses.

• Journal of Environmental Policy
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• v.6 no.4
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• pp.1-28
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• 2007

Because the result of environmental pollution of one state is not limited to the national border but spills over into neighboring countries or global environment either directly or indirectly, international discussions on environment are crucial in domestic environmental law and policy. International environmental law demands differential obligation between developed and developing countries in the principle of 'common but differentiated responsibility'. The common but differentiated responsibility is the principle that draws distinction between developed and developing countries about global environmental issues, while recognizing the common responsibility of environmental protection for all nations. Environmental technology transfer or financial support from developed countries to developing countries, for example, has been discussed. The problem is the status of Korea. Korea's international environmental policy will be different by the distinction of responsibility for international environmental protection according to the status of developed and developing countries. International communities have never established a clear standard distinguishing developed from developing countries in any international laws. The WTO entrusts each country to decide whether it is a developing country or not. In the international environmental law, the status of a country is determined by the ability to negotiate. The status of Korea, thus, cannot be fixed in general international law. Rather, the Korean government is able to choose its own status strategically, It can be a policy choice to insist that Korea's developing country so as to reduce the burden of international responsibility. But, considering an economic indicator and environmental pollution indicator at which Korea ranks about 10th, the reality of Korea is much closer to a developed country. Positive policies such as development of environment-friendly technologies and products should be preferred to defensive assertion of developing country.