• 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.

• 무역상무연구
• /
• 제37권
• /
• pp.3-33
• /
• 2008

This study primarily concerns the seller's duty to deliver the goods in conformity with the contract under the United Nations Convention on International Sale of Goods(1980) in comparison with the Draft Principles of European Sales Law. It describes and analyzes the provisions of the CISG as to the seller's duty, focusing on main controversial issues among scholars in their application. It also attempts to compare the rules of the CISG with those of the Draft PESL and to evaluate them in light of the discipline of comparative law. This is for the purpose of facilitating the systematic development and reform of one jurisdiction by any solution from the other jurisdiction found by the comparative study. In addition, this study provides legal and practical advice to the contracting parties when they intends to insert the CISG or the Draft PESL in their contract as a governing law. The comparative study particularly focuses on the following aspects; first, requirements for conformity with the contract which deals with the concept of conformity with the contract, contractual requirements agreed between contractual parties, and implied requirements otherwise not agreed between contractual parties, second, the time when the goods must be in conformity with the contract, third, exclusions of the seller's duty to deliver the goods in conformity with the contract.

• 한국조경학회지
• /
• 제21권4호
• /
• pp.1-14
• /
• 1994

This study attempted to characterize conflict frames of environmental disputes by examining twelve actual wetland permitting cases in Ohio. The participants consisted of such interested parties as applicants, technical, legal or environmental consultants to applicants, U.S.Army Corps of Engineers, U.S.Environmental Protection Agency, U.S.Fish and Wildlife Service, Ohio Environmental Protection Agency, Ohio Department of Natural Resoures, local agencies, the environmental community, and citizens who have been involved of the permitting process. The purpose of this study is to provide empirical evidence of how different perceptual frames existed in the wetland conversion disputes, and to understand different environmental conflict frames that influenced disputants' perception relating to dispute resolution. The vehicles used to collect the necessary data were three survey instruments : Open-ended questionnaires, Likert-type questionnaires, and ranking questionnaires. Forty-three subjects were contacted for open fact-to-fact interviews, 53 subject for Kikert-type mail survey and 54 subjects for ranking instrument mail survey. Analyses of survey results revealed that six different types of frames were clearly identified from all the parties involved in Ohio wetland conversion disputes. It revealed that disputants had statistically significantly different levels of perception to the frames based on the participants' role (i.e. regulator, applicant, commentor), the number of involved parties in the process, processing time and the issuance of a permit. The findings also revealed that information sharing among disputants played a significant role in the process of froming and reframing. The alternative idea, building cooperation through negotiation, was proposed to provide new insight into the resolution of the dispute.

• 한국정보처리학회:학술대회논문집
• /
• 한국정보처리학회 2014년도 추계학술발표대회
• /
• pp.928-931
• /
• 2014

The detection of human behavior from social media revolutionized health, business, criminal and political prediction. Significance of it, in incentive transformation of public opinion had already proven for developed countries in improving democratic process of elections. In $3^{rd}$ World countries, voters poll votes for personal interests being unaware of party manifesto or national interest. These issues can be addressed by social media, resulting as ongoing process of improvement for presently adopted electoral procedures. On the optimistic side, people of such countries applied social media to garner support and campaign for political parties in General Elections. Political leaders, parties, and people empowered themselves with social media, in disseminating party's agenda and advocacy of party's ideology on social media without much campaigning cost. To study effectiveness of social media inferred from individual's political behavior, large scale analysis, sentiment detection & tweet classification was done in order to classify, predict and forecast election results. The experimental results depicts that social media content can be used as an effective indicator for capturing political behaviors of different parties positive, negative and neutral behavior of the party followers as well as party campaign impact can be predicted from the analysis.

• East Asian Economic Review
• /
• 제16권4호
• /
• pp.363-394
• /
• 2012

WTO Government Procurement Agreement (GPA) was designed to liberalize and expand trade in government procurement. Revised GPA was implemented in 1996 and the latest revision was completed (but not yet implemented) in 2012, but as a plurilateral agreement. Since the end of the UR, there has been attempts by various WTO members to liberalize trade in the government procurement market - through an expansion of Parties who are signatories to GPA, and through a negotiated agreement on transparency in government procurement. The attempt to expand the Parties who are signatories to the GPA - attempt to increase the width of the coverage of the agreement - has been somewhat successful, but I argue that the goal should be to further liberate the government procurement markets of the current Party members - to reduce thresholds and other barriers which limit market access even to other GPA members, in other words, to increase the depth of coverage. Taking cue from Korea's FTA, I propose a two-level liberalization of the government procurement market under the GPA: A "light" level which would be the same as the current level of liberalization; and a "deep" level with lower thresholds and less exemptions. I argue that, as seen in Korea, with FTAs, many GPA Parties already have multiple levels of liberalization (i.e, spaghetti-bowl effect of FTAs), but by limiting the levels of liberalization to two, we can seek the best of deep liberalization but reduce the spaghetti-bowl effect.

• 해양정책연구
• /
• 제33권2호
• /
• pp.123-145
• /
• 2018

Maritime tourism destinations need to improve image as well as enhance competitiveness through development of new marine tourism attraction due to the decrease of the number of passengers. The maritime city is trying to combine dynamic marine leisure activities as an alternative. For this purpose, it is possible to realize clear marine tourism activation policy and improve the identity of local community through the accurate analysis of the interest of the stakeholder groups of local residents in Songjeong beach in Busan. In this study, we first analyzed the language network based on the expression language related to the conflict between the stakeholders of Songjeong beach. Second, we analyzed the individual characteristics of the structure of conflict frames of stakeholders and suggested solutions by comparing the differences and similarities between perception frames of conflict parties. Third, we distinguish and compare differences of perception among the conflict parties through the detailed frame type. Based on the relationship structure between the detailed frame types of the conflict parties, we suggested an alternative for conflict resolution by restructuring the conflicts and negative perceptions among the stakeholders.

• 아태비즈니스연구
• /
• 제11권3호
• /
• pp.217-227
• /
• 2020

Purpose - Against the backdrop of the recent intense political conflict in Korea's political circles, it is to reveal from an economic point of view the hidden aspects behind the hostile conflict between the two political forces. Design/methodology/approach - This paper is not a normative study to find a solution to political conflict, but a positive study to reveal the mechanism of reciprocity that exists between the two parties of conflict in real politics. Therefore, the analysis is based on game theory methodology. Findings - It is shown that the ruling party should choose a level of preemptive response that is neither insufficient nor excessive if it aims to avoid radical anti-government struggles by opposition parties. We also find that even if the chances of success of the opposition's radical offensive struggle are low, the use of that strategy is not necessarily reduced. In addition, we have obtained comparative static results that do not deviate much from our intuition. What's interesting is that unlike our intuition that the choice of the method will be indifferent if the marginal effects of radical and normal methods of struggle are the same, the opposition party rather chooses the normal method of struggle more often. Research implications or Originality - In forming the analytical model, it reflected the support of the general public following the opposition's struggle against the ruling party in order to capture real politics well in the conflict between the two opposing parties.

• International Journal of Computer Science & Network Security
• /
• 제22권2호
• /
• pp.209-213
• /
• 2022

Key exchange protocol (KEP) is an essential setup to secure authenticates transmission among two or more users in cyberspace. Digital files protected and transmitted by the encryption of the files over public channels, a single key communal concerning the channel parties and utilized for both to encrypt the files as well as decrypt the files. If entirely done, this impedes unauthorized third parties from imposing a key optimal on the authorized parties. In this article, we have suggested a new KEP term as isokey interchange protocol based on generalization of modern mathematics term as isomathematics by utilizing isonumbers for corresponding isounits over the Block Upper Triangular Isomatrices (BUTI) which is secure, feasible and extensible. We also were utilizing arithmetic operations like Isoaddition, isosubtraction, isomultiplication and isodivision from isomathematics to build iso-key interchange protocol for network communication. The execution of our protocol is for two isointegers corresponding two elements of the group of isomatrices and cryptographic performance of products eachother. We demonstrate the protection of suggested isokey interchange protocol against Brute force attacks, Menezes et al. algorithm and Climent et al. algorithm.

• 한국콘텐츠학회논문지
• /
• 제22권10호
• /
• pp.563-574
• /
• 2022

본 연구는 정치정보원이 다양화되면서 그동안 설득커뮤니케이션 영역에서 주목받지 못했던 정보원의 속성을 정치 콘텐츠를 노출시키는 정치 유튜버에 적용해 그 영향력을 분석하였다. 이를 위해 전국의 20세 이상 성인남녀 326명을 대상으로 국내 여론조사 기관을 통해 온라인 설문조사를 실시했다. 연구결과 정치 유튜버의 유사성, 카리스마, 전문성의 순으로 해당 콘텐츠에 대한 시청자의 태도에 긍정적인 영향을 끼쳤다. 콘텐츠를 통해 노출되는 정치인/정당에 대한 태도에는 정치 유튜버의 친숙성, 카리스마, 유사성, 매력성, 신뢰성 순으로 긍정적인 영향을 미쳤다. 유튜브를 통해 노출되는 정치콘텐츠의 경우 콘텐츠에 대한 태도와 그 콘텐츠에 등장하는 정치인/정당에 대한 태도에 영향을 미치는 속성이 다르게 나타났으며, 콘텐츠에 대한 태도는 정치인/정당에 대한 태도와 이들에 대한 지지에 긍정적인 영향을 미쳤다.

• 국제학술발표논문집
• /
• The 4th International Conference on Construction Engineering and Project Management Organized by the University of New South Wales
• /
• pp.350-356
• /
• 2011

Early neutral evaluation (ENE) is a fairly recent form of alternative dispute resolution procedure used in the construction industry. In the UK, ENE is usually carried out on an entirely without prejudice basis, however the parties may agree that any or part of it may be referred to at trial or any subsequent hearing. The early neutral evaluation consists of a preliminary assessment of the issues in dispute for use as a basis for negotiations which may result in a settlement of the dispute. An independent person is appointed by the parties who reviews the case and provides an opinion, in written form and in some detail, with reasons on the merits of the matters in dispute. The opinion is non-binding but provides the parties with what in the opinion of the independent person a formal tribunal may decide whether a court or an arbitrator, if the dispute is not resolved. However, ENE has yet to take off in the construction industry in the UK. This paper will explain this procedure and explore the use of it in the UK and internationally, considering the benefits and drawbacks of its use. It will consider whether or not it is more effective than other early resolution forms such as mediation and adjudication. It will argue and conclude that it is a very useful cost effective procedure, particularly in the resolution of complex disputes, whether local or international.