• Journal of Arbitration Studies
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• v.21 no.2
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• pp.133-156
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• 2011

This paper is to analyze the legality in which the fraud rule allow the issuer of L/C or a court to disrupt the payment to the beneficiary under the deferred payment credit when the nominated bank for deferred payment undertaking made prepayment or negotiation before the maturity date and fraud is identified to be involved. Since the function of commercial L/C is to provide absolute assurance of payment to a beneficiary, the fraud rule based on fraud exception has been known as the negative factor which lead to the disruption of "principle of independence & abstraction" under the commercial L/C transactions. As a result, the fraud rule is necessary to limit the activities of fraudsters, but its scope must be carefully circumscribed so as not to deny commercial utility to an instrument that exists to serve as an assurance of payment. But the fraud itself has not been firmly established because it is inherently pliable in its concept. There are numerous contents to describe the application of fraud to the L/C transactions as a standard such as egregious fraud, intentional fraud, L/C fraud(omitted here), flexible fraud, and constructive fraud. And so the standard applicable to the commercial transaction as the fraud rule would be high or low depending upon the various standards of fraud.

• Journal of Arbitration Studies
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• v.34 no.2
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• pp.45-64
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• 2024

In international transactions, a demand guarantee is commonly used as a so-called independent bank guarantee to protect against the other party's default under, or breach of, contract). However, there is a risk that the independence and the documentary character of the demand guarantee may be abused by the beneficiary of the guarantee, who may fall into the temptation to demand or call for payment under the guarantee by preparing documents that appear to constitute a complying demand for payment, even though the demand has no conceivable basis. In Korea, through case law, a legal rule has been developed to prevent such abusive calls for payment. This paper examines how such rule that prohibits abuse of rights is applying in the context of counter-guarantees. To this end, this paper first considers the concepts of a demand guarantee and a counter-guarantee and the basic legal principles applicable thereto. And then this paper considers abusive calls under the guarantees, that exceptionally works as grounds for refusal of payment by guarantors and counter-guarantors, further looking at some situations in which the calls amount to be abusive under counter-guarantees in particular.

• Journal of the Korean Society of Costume
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• v.52 no.6
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• pp.25-39
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• 2002

The purpose of this study is to look into dressing practices at the Woinarodo region in terms of ordinary and ritual clothes. Men wore Bqji(trousers) and Jeokori(jackets) as their plain clothes and sometimes Jangsam mid Durumaki(topcoat). During the period of Japanese colony, men wore Western-style clothes. For women it was basic to wear Chima(skirts) and Jeokori. And they preferred Momppe rather when in Japanese rule. In arrangements for their head, men put on gut, and had their hair cut during Japanese nile. Women laid a bundle of their braided hairs on the head or braided their hair, while married women did their hair up in a chignon during the ruling period People of the region put on straw and leather shoes, and then rubber ones since the late 1930s. Hand weaving was a major means of living for women at the region. Ramie, hemp and cotton were mainly weaved by hand. Starching was applied mainly to ramie and cotton. Glues for starching were made of raw rices, cooked rices, wheat flour or gloiopeltis tenax. For ritual clothes, especially in wedding, bridegrooms arranged themselves with Samokwandae and then Put on Baji, Jeokori, Durumaki and Danryung. But they Put on Western-style dresses as the liners of Danryung, and wear Nambawi Rather than the Samo after korean independence from Japanese rule. Bridges wore Chima, Jeokori and Wonsam and Chokdoori and covered their face with Hansam Wonsam did not be worn any longer after Korean independence from the rule. Shrouds for funeral ceremony were manufactured with silks, cotton and hemp, when the chief mourner wore hempen hoods and funeral robes, while women, Chima, made of hemp. and any type of Jeokori.

• International Journal of Precision Engineering and Manufacturing
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• v.3 no.2
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• pp.52-60
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• 2002

Axiomatic Design is the one of many useful methods for making a good design. In this method, the independency of Functional Requirements (FRs) is an important property to determine whether the design is good or not. Until now so many designers have decided the independency between FRs by their own decisions. The way depending on inspiration is simple and fast, but it can not be considered as a precise conclusion. Also there are not exact rule that evaluate the quantitative independence between FRs. This paper will show the way to evaluate the quantitative independence of FRs from the comparison between FRs of lower levels, and develop more efficient and objective tool in Axiomatic Design.

• Journal of Arbitration Studies
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• v.18 no.2
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• pp.173-199
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• 2008

A letter of credit transaction of the preexistence have been raising one's head fraud charge problem as a result of abusing the principles of independence and abstraction. Every society has certain rules and conventions which it regards as important and most of people in any society. The paper document means a document in a traditional paper form. The eUCP credit must specify the formats in which electronic records are to be presented. In these present times, the issuance of documentary credit are performed by the SWIFT(Society for Worldwide Inter bank Financial Telecommunication) system. The eUCP have been written to allow for presentation completely electronically or for a mixture of paper documents and electronic presentation. Presentation is deemed not to have been made if the Beneficiary's notice is not received. An electronic record that cannot be authenticated is deemed not to have been presented. The e-UCP is the supplement of current existing UCP but is superior to UCP under some circumstances. The document shall include an electronic record. The place for presentation of electronic records means an electronic address. The current e-UCP is not clear on this matter. We have to note followings in case of presenting the documents electronically and applying the e-UCP. There are three principles in the letter of credit transaction, that is to say, independence and abstraction, document dealing, strict compliance. IN the electronic letter of credit, these principles are called as independence and abstraction, electronic document dealing, strict compliance.

• Bulletin of the Korean Chemical Society
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• v.9 no.3
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• pp.179-182
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• 1988

A simple correlation between cross interaction constants ${\rho}_{ij}$ and bond lengths in the transition state was obtained ; it has been shown that ${\rho}_{ij}$ corresponds to force constant of activation, which in turn is related to bond length by Badger's rule involving only universal constants. A satisfactory correlation between 4-31G ab initio calculated values of bond length and force constant for C-X streching in the transition state of the methyl transfer reaction, $X^-\;+\;CH_3X\;=\;XCH_3\;+\;X^-$, indicated that Badger's rule can be extended to bonds in the transition state. Independence of ${\rho}_{ij}$ values from the variable charge transmission of reaction centers has been demonstrated with nearly constant, experimentally determined I${\rho}$XYI values, and hence similar degree of bond formation, for various $S_N2$ reactions.

• Korean Journal of Cognitive Science
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• v.4 no.1
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• pp.261-294
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• 1993

Most of expert systems,as a rule-based system,should be convenient to modify a rule and to insert a new rule, which is called modularity of rules. When we think correlated evidences in expert systems. conventional systems are too local to recognize the common origin of the information, and they would update the belief of the hypothesis as if it were supposed by independence soureces. In this paper to overcome such drawbacks we propose Fuzzy Belief Network which is based on the Beysian Network which provide the modulartiy between rules. To build Fuzzy Belief Network, we define nodes and links and propose algorithms for data fusion in individual node and for propagation belief value obtained as a result of data fusion.

• Journal of Arbitration Studies
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• v.14 no.1
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• pp.29-60
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• 2004

Recently stand-by credits are using as surety devices in various global business transactions including sale of goods. Stand-by credits have lots of merits but simultaneously have high possibility of improper demand by the beneficiary due to the characteristics of the documents required. So so-called fraud rule has developed as a solution to the improper demand in letter of credit transactions. And the actual way of the fraud rule is the injunction by the competent court. The purpose of this article is to examine the applicability of the injunction in stand-by credit transactions by means of case studies. For this purpose, the author examined the concept of the injunction, necessity of the injunction in stand-by credit transactions and the cases of injunction granted and injunction denied. Firstly, the courts have legal standard of the application of injunction due to the legislation of the relative articles in the United Nations Convention on Independent Guarantees and Stand-by Letters of Credit and the Uniform Commercial Code. Secondly, the courts have taken a negative attitude granting injunction in order to observe the independence principle. Thirdly, the courts have a tendency to grant injunction when the demand has no conceivable basis and the applicant will suffer irreparable injury without injunction. Finally, like the saying 'prevention is the best cure', the applicant always pays attention with reasonable care before improper demand by the beneficiary.

• The Research Journal of the Costume Culture
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• v.9 no.1
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• pp.1-10
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• 2001

This study is to reconsider the symbolic potential of the costume by investigating the role of cloth in Indian culture, noting the fact that Indians wore hand-woven cloth and adopted a flag with the spinning wheel in the center as part of their nationalistic programs for independence. The results are as follows; The Indian cotton industry had held the fist position in the world and spinning and weaving had been an Indian national industry until the early part of the 19th century. As for the Indian cotton industry under the rule of Britain, Indian was reduced to being a colony producing raw materials and a market of cheap British finished goods, and eventually fell into anarchy with economic poverty of the general public and peasants'uprising mixed with the complaint of the intellectuals. The Indian National Movement started as a resort to escape the British rule because of continuous poverty and social exhaustion, and its pivot was Gandhi. Gandhi launched a revolutionary noncooperation movement in Indian society with diverse races, religions and castes, and developed nation-wide campaigns such as Boycott, Swadeshi, the encouragement of spinning wheels, etc. Gandhi urged that Indians' weak identity and poverty were caused by the dissolution of their native craft and that the Indians should wear Indian products for economic independence. Accordingly, leaders of Indian National Congress regarded a spinning wheel as an economic necessity and national symbol, and approved manual spinning and weaving as part of their nationalistic programs in order to drew the general public to the nationalistic movement in 1920. They also decided that all Congressmen should wear hand-woven cloth, Khadi, and adopted spinning wheels as the logo type of Indian National Congress. Khadi, Indian national cloth, was a symbol of national unification, freedom and equality, and also a means of economic self-sufficiency, Swadeshi, and eventually led India to autonomy, Swaraji. Therefore, it can be concluded that the cloth converted Indias economic and political identity.

• Journal of Intelligence and Information Systems
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• v.12 no.2
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• pp.67-81
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• 2006

While the existing Web focuses on the interface with human users based on HTML, the next generation Web will focus on the interaction among software agents by using XML and XML-based standards and technologies. The inference engine, which will serve as brains of software agents in the next generation Web, should thoroughly understand the Semantic Web, the standard language of the next generation Web. As abasis for the service, the W3C (World Wide Web Consortium) has recommended SWRL (Semantic Web Rule Language) which had been made by compounding OWL (Web Ontology Language) and RuleML (Rule Markup Language). In this research, we develop a backward chaining inference engine SMART-B (SeMantic web Agent Reasoning Tools -Backward chaining inference engine), which uses SWRL and OWL to represent rules and facts respectively. We analyze the requirements for the SWRL-based backward chaining inference and design analgorithm for the backward chaining inference which reflects the traditional backward chaining inference algorithm and the requirements of the next generation Semantic Web. We also implement the backward chaining inference engine and the administrative tools for fact and rule bases into Java components to insure the independence and portability among different platforms under the environment of Ubiquitous Computing.