• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.52
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• pp.3-22
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• 2011

This study examines the seller's liability to transfer the property to the buyer. Even though contracting parties choose CISG as the governing law regulating their obligations and rights by means of their contract, CISG does not concern with the effect generated by the transfer of property. Thus, the issues of the property is settled in conformity with the domestic law applicable by virtue of the rules of private international law. By considering the general rules of the transfer of property in goods under SGA and KCC as the lex rei sitae, the difference of requirements to pass the property between them is analyzed and then the reasons why the transfer of property is importantly considered are discussed. In addition, as CISG does not exclude completely the matters concerning the property and provides the provision like Art 41, the seller's liability to deliver goods free from the third party right or claim is examined under Art 41. Lastly, the practical advice is suggested.

• Proceedings of the Korean Institute of Intelligent Systems Conference
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• 1998.06a
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• pp.531-536
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• 1998

It is well known that a Boolean algebra is one of the most important algebra for engineering. A fuzzy algebra, which is referred to also as a Kleen algebra, is obtained from a Boolean algebra by replacing the complementary law in the axioms of a Bloolean algebra with the Kleen's law, where the Kleen's law is a weaker condition than the complementary law. Removal of the Kleen's law from a Kleen algebra gives a De Morgan algebra. In this paper, we generate lattice structures of the above related algebraic systems having finite elements by using a computer. From the result, we could find out a hypothesis that the structure excepting for each element name between a Kleene algebra and a De Morgan algebra is the same from the lattice standpoint.

• Proceedings of the Korean Operations and Management Science Society Conference
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• 2001.10a
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• pp.362-365
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• 2001

Human, physical damage is happened frequently to consumer's safety accident by product defect on modern industrial society. Accordingly, advanced nation including the United States of America enforce product liability law and is protecting consumer more actively from danger of product defect. Our country(Korea) may enforce product liability law since July, 2002, and if business does not grope effective confrontation way about PL, capital strength weak smaller enterprise and venture business corporation's competitive power may affect much corporation's competitive power enfeeblement and survival. This research supplement based on induction and operating QMS in smaller enterprise essential factor that corporations must equip according to product liability law enforcement. And we present integration quality management system model of Product liability to do so that smaller enterprises may can cope effectively at force of Product liability law.

• Journal of the Korean Mathematical Society
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• v.45 no.6
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• pp.1601-1611
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• 2008

Let X, $X_1$, $X_2$, ... be i.i.d. random variables with zero means, variance one, and set $S_n\;=\;{\sum}^n_{i=1}\;X_i$, $n\;{\geq}\;1$. Gut and $Sp{\check{a}}taru$ [3] established the precise asymptotics in the law of the iterated logarithm and Li, Nguyen and Rosalsky [7] generalized their result under minimal conditions. If P($|S_n|\;{\geq}\;{\varepsilon}{\sqrt{2n\;{\log}\;{\log}\;n}}$) is replaced by E{$|S_n|/{\sqrt{n}}-{\varepsilon}{\sqrt{2\;{\log}\;{\log}\;n}$}+ in their results, the new one is called the moment version of precise asymptotics in the law of the iterated logarithm. We establish such a result for self-normalized sums, when X belongs to the domain of attraction of the normal law.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.14
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• pp.103-152
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• 2000

English contract law has traditionally taken the view that it is not the duty of the parties to a contract to give information voluntarily to each other. In English law, one of the principal distinctions between insurance contract law and general contract law is the existence of the doctrine of utmost good faith in insurance law. The doctrine gives rise to a variety of duties, some of which apply before formation of the contract while others apply post-formation. This article is, therefore, designed to analyse the overall structure and problems of the doctrine of utmost good faith in English marine insurance law. The results of analysis are as following : First, the requirement of utmost good faith in marine insurance law arises from the fact that many of the relevant circumstances are within the exclusive knowledge of the assured and it is impossible for the insurer to obtain the facts to make a appropriate calculation of the risk that he is asked to assume without this information. Secondly, the duty of utmost good faith provided in MIA 1906, s. 17 has the nature as a bilateral or reciprocal, overriding and absolute duty. Thirdly, the Court of Appeal in Skandia held that breach of the pre-formation duty of utmost good faith did not sound in damages since the duty did not arise out of an implied contractual term and the breach did not constitute a tort. Instead, the Court of Appeal held that the duty was an extra-contractual duty imposed by law in the form of a contingent condition precedent to the enforceability of the contract. Fourthly, the scope of the duty of utmost good faith is closely related to the test of materiality and the assured is required to disclose only material circumstances subject to MIA 1906, s. 18(1) and 20(1). The test of materiality, which had caused a great deal of debate in English courts over 30 years, was finally settled by the House of Lords in Pan Atlantic and the House of Lords rejected the 'decisive influence' test and the 'increased risk' test, and the decision of the House of Lords is thought to accept the 'mere influence' test in subsequent case by the Court of Appeal. Fifthly, the insurer is, in order to avoid contract, required to provide proof that he is induced to enter into the contract by reason of the non-disclosure or misrepresentation of the assured. Sixthly, the duty of utmost good faith is, in principle, terminated before contract is concluded, but it is undoubtful that the provision under MIA 1906, s. 17 is wide enough to include the post-formation duty. The post-formation duty is, however, based upon the terms of marine insurance contract, and the duty lies entirely outside s. 17. Finally, MIA 1906, s. 17 provides expressly for the remedy of avoidance of the contract for breach of the duty. This means rescission or retrospective avoidance of the entire contract, and the remedy is based upon a fairly crude 'all-or-nothing' approach. What is needed in English marine insurance law is to introduce a more sophiscated or proportionate remedy.

• Journal of the Daesoon Academy of Sciences
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• v.26
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• pp.1-41
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• 2016

The script of the Fellowship of Daesoon Truth, 『Jeongyeong』 consists of seven sectors and 17 chapters. The seven sectors include 「Life of Sangje」, 「Reordering of the Universe」, 「Passing on of Teaching」, 「Law of Teaching」, 「Wisdom」, 「Cure of the Sick」, and 「Foreseeing」. The chapter 「Reordering of the Universe」 has the most records about Sangje, while the 「Law of Teaching」 has the most variety of materials in many passages about Sangje. This shows that the chapter 「Reordering of the Universe」 puts emphasis on the unique religious activities of Sangje and 「Law of Teaching」 is important for its edifying elements. "Law of teaching" is 敎法(Gyobeop) in Chinese character. 敎 means "teaching" and 法 "laws". What is law? A law becomes the rules for maintaining order of a society. In the view of religion, the law is ethical rules set by Kang Jeungsan to keep an order in the world. The first and second chapters of 「Law of Teaching」 have writings on 1. What Sangje said in person to the disciples, 2. The teachings Sangje gave to the disciples in certain occasions, 3. Reality of the society in late Joseon Dynasty, 4. Teachings related to the historical figures and old stories, and 5. Literatures. The third chapter has two special types of writing, which is about Taoism myths and statements written only in Chinese characters. In 『Daesoon Jeongyeong Volume 6』, the chapter 「Words of Law」 has more contents on edification for disciples, Cheok and resolving grudges with more detailed expression of woman resolving their piled up grudges. This chapter also has writings about discriminating old evil customs of Confucianism, emphasizing virtue and act of reciprocating for offered graces while training of one's mind and working on one's daily practice (shown in Sangje's saying about certain historical figures, quoting the Song of Suwun, statements in Chinese characters), Sangje's opinion about Japan, China, ancestral beings, eating raw foods, Byeokgok and others. In comparison with 「Words of Law」 in 『Daesoon Jeongyeong Volume 6』, which was issued in 1965 as the previous generation literature, 「Law of Teaching」 in 『Jeongyeong』 has many additional statements made to existing passages. Also, some passages were combined of two previous passages, some words were corrected, and in some passages, additional statements were made about the same person mentioned in another passage. And some passages were dropped. For the contents, 『Jeongyeong』 has additional statements about spiritual training of one's mind and practicing the teaching in daily lives, which indicates that 『Jeongyeong』 is focusing more on actual daily practice and the idea of overcoming hardships during the practice and realizing the principle of Resolution of all grudges.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.37
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• pp.277-327
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• 2008

This paper is to provide for an analysis on the trade adjustment assistance program and the Case study affected by international trade and FTA. The paper offers a legal study on analysis about Korea's Trade Adjustment Assistance Law for the Manufacturing Industries, USA's TAA. and Japan's law for Industry revival. In general, USA's TAA measures are defined as assistance actions for business enterprises, farmers and manufacturing industries workers. We exclude farmers and fishermen under Korea's Trade Adjustment Assistance Law for the Manufacturing Industries's business enterprises and workers, but we give them the systemic supports under korea's special assistance law for the farmers and fishermen and so on after FTA. Especially this focuses on the trade adjustment assistance case about both Korea's agriculture-farmer assistance from FTA and USA's TAA from workers in layoffs of trade-impacted communities. Korea has provided TAA to the sphere of agriculture after special legislation in Korea-Chile helping closed orchard, modernizing high quality producing facility for agriculture competition, producing superior fruit saplings, and constructing the distribution center in the producing district. But for US-Korea FTA and rapid increase of import by FTA expansion, we must prepare such indemnity systems for loss as cash benefit and wider aids for closed farm. The USA's TAA program targets manufacturing workers affected by international trade, who may have fewer transferable skills and face greater challenges to reemployment than other dislocated workers. A large majority sought some assistance from their one-stop center. Relatively small numbers chose to enroll in training, but those who did it often used this opportunity to chart a new career path. Finally, we learned the importance of education and discipline from USA cases. The fast and accurate information providing can raise efficiencies. The infrastructure can maximize the effect of TAA. The effective application would help us get over difficulties of TAA at hand.

• Journal of Korean Philosophical Society
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• v.117
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• pp.161-189
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• 2011

This thesis aims to examine the discussions on communitarianism and liberalism, which was actively debated post-1990's in the West. The paper will focus on the concepts of morality and ethics of Hegel's "Philosophy of Law" in order to connect the discussions on communitarianism and liberalism to our society's political reality. Specifically, through the introduction of Hegel's point of view, this paper will shed new light co the concept of communitarianism, which was viewed from the perspective of political philosophy within the West post-1990's. Through "Philosophy of Law," Hegel imbues a critical and fundamental meaning to modern ethical-political order. For Hegel, Kant's acceptance of morality has a foundational and compositional meaning for the concepts of law and nation. This paper will discuss this topic within the boundaries of Hegel's morality and ethics and regard this as a chance to look back on our political situation with a regretful introspection. International and national reviewers tend to regard the various perspectives of Hegel's philosophy of law as inspirational. However, it seems that the fundamental introspection of why our reality must adhere to his philosophy is lacking. Based on this concern, the paper aims to examine Hegel's "Philosophy of Law" to apply his perspectives to our political reality for a fundamental self-evaluation.

• Journal of Korean Institute of Industrial Engineers
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• v.31 no.4
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• pp.334-340
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• 2005

A mouse is an important input device that is used in most of all computer works. A mouse control time prediction model was proposed in this study. Especially, the model described the time of mouse control that made a cursor to move within path constraints. The model was developed by a laboratory experiment. Cursor movement times were measured in 36 task conditions; 3 levels of path length, 3 levels of path width and 4 levels of target's width. 12 subjects participated in all conditions. The time of cursor movement with path constraints could be better explained by the combination of Fitts' law with steering law($r^2=0.947$) than by the other models; Fitts' law($r^2=0.740$), Steering law($r^2=0.633$) and Crossman's model($r^2=0.897$). The proposed model is expected to be used in menu design or computer game design.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.911-932
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• 2000

On increasing a computer network, internet usage, it has been created for Electronic Commerce to place a cyberspace. This cyberspace is limited to apply for contemporary usage and law because it have distinct characters now. Therefore, it is predicted that dispute will be happened in these cyberspaces. This article examines the disputes cases related the computer network intermediary's liability and studies a reasonable improvement ways for developing Electronic Commerce. It has been limited to apply the usage and law the network which can be happened a dispute and has not involved usage and law using computer network yet. Therefore, we should make a self-regulation each other who use network and improved the usage and law involved the network through these methods. We should also establish Alternative Dispute Resolution and try to settle dispute in the cyberspace