• Journal of National Security and Military Science
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• s.7
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• pp.1-24
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• 2009

This article deals with military thought in general. First I tried to distinguish 'thought' from 'theory', 'philosophy', and 'principle'. Thought means the act of thinking about or considering something, an idea or opinion, or a set of ideas about a particular subject, e.g. military affairs in the present discussion. Theory means a formal statement of the rules on which a subject of study is based or of ideas which are suggested to explain a fact or event or, more generally, an opinion or explanation. Philosophy means the use of reason in understanding such things as the nature of reality and existence, the use and limits of knowledge. Principle means a basic idea or rule that explains or controls how something happens or works. Chapter 3 summarized the characteristics of military thoughts into five points', (i) it is closely related with concrete experiences of a nation; (ii) it includes philosophical and logical arguments; (iii) it relies heavily on the political thought of a nation; (iv) it includes necessarily value-judgments; (v) it contains visions of a nation which are not only descriptions or explanations of military affairs, but also evaluations and advocacies. Chapter 4 considers the relation of international political thoughts to military thought. Throughout the history of the modem states system there have been three competing traditions of thought: the Hobbesian or realist tradition, which views international politics as a state of war; the Kantian or universalist tradition, which sees at work in international politics a potential community of mankind; and the Grotian or internationalist tradition, which views international politics as taking place within an international society. Chapter 5 considers the law of war, which is a body of law concerning acceptable justifications to engage in war (jus ad bellum) and the limits to acceptable wartime conduct (jus in bello). Among other issues, modem laws of war address declarations of war, acceptance of surrender and the treatment of prisoners of war, military necessity along with distinction and proportionality, and the prohibition of certain weapons that may cause unnecessary suffering.

• Journal of the Korean Society of Marine Environment & Safety
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• v.10 no.1 s.20
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• pp.29-33
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• 2004

Design of general steel structure had applied to achieve elastic designing concept so far. Because elastic design supposes that whole structure complies with elasticity formula so that achieve via allowable stress of material. It is concept that calculate stress distribution of construction about action external load and estimate load when the maximum stress reaches equally with allowable stress that is established by maximum safety load of the structure. But, absence that compose actuality structure by deal with external load increase small success surrender and structure hardness falls and structure in limited state finally on the whole as showing complicated process by interference between collapse and buckling under compression. Applied ANSYS (elasto-plasticity large deformation finite element method) to be mediocrity finite element program for analysis method and analysis control used in Newton-Raphson method & Arc-length method.

• Journal of English Language & Literature
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• v.57 no.6
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• pp.1131-1149
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• 2011

Michael McKeon, in The Origins of the English Novel, 1600-1740, sets forth a theoretical study of a large canon of seventeenth- and eighteenthcentury works, based upon the dialectic of genre formations, which attempts to analyze certain "instabilities" in generic and social categories- "instabilities" that McKeon identifies as "Questions of Truth" and "Questions of Virtue." In this paper, I argue with McKeon's optimistic reading of Samuel Richardson's work, Clarissa, or The History of Young Lady (1740), which concludes that-unlike Pamela's "manifest material and social empowerment"-Clarissa acquires "manifest discursive and imaginative empowerment" and "wins" (to use McKeon's terms) the "battle" with her antagonist, Robert Lovelace. What is difficult to accept in this reading of Clarissa is McKeon's claim that the "success" of Clarissa's resistance to Lovelace, despite the tragic rape, is evident in her "new-found power" which is represented in the heroine's spiritual "conversion"- her decision to die to protect her "version of truth and virtue." McKeon's spiritual "conversion" not only forces Clarissa to surrender her legal right to prosecute her rapist but also forces her to seek the shelter of her "father's house" in the afterlife because she can no longer "make others accept [her] own version of events as authoritative." Thus, in contrast to McKeon, I claim that Clarissa represents the necessary conditions for its heroine's "empowerment" primarily in language that suggests her manifest social invalidation; language which in particular emphasizes that her rape and torture by Lovelace forces Clarissa's spiritual "conversion" to seek her reward in the afterlife-thereby concluding that Clarissa's discursive and imaginative empowerment does not and cannot exist in the secular, material world.

• Korea Trade Review
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• v.48 no.4
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• pp.303-320
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• 2023

Recently, import and export companies have been using T/T remittance and Surrender B/L more frequently than L/C when selecting the process and method of trade payment settlement. The new trade and logistics environment is thriving in the era of the Fourth Industrial Revolution (4IR). Document-based trade transactions are undergoing a digitalization as bills of lading or smart contracts are being developed. The purpose of this study is to verify whether exporters choose export payment types based on negotiating factors. In addition, we would like to discuss the application of the characteristics of the new trade and logistics environment. Data for analysis was collected through surveys. The collection method consisted of direct visits to the company, e-mail, fax, and online surveys. The survey distribution period is from February 1, 2023, to April 30, 2023. The questionnaire was distributed in 2,000 copies, and 447 copies were collected. The final 336 copies were used for analysis, excluding 111 copies that were deemed inappropriate for the purpose of this study. The results of the study are shown below. First, among the negotiating factors, the product differentiation of exporters did not significantly affect the selection of export payment types. Second, among the negotiating factors, the greater the purchasing advantage recognized by exporters, the higher the possibility of using the post-transfer method. In addition to analyzing the results, this study suggests that exporters should consider adopting new payment methods, such as blockchain technology-based bills of lading and trade finance platforms, to adapt to the characteristics of the evolving trade and logistics environment. Therefore, exporters should continue to show interest in initiatives aimed at digitizing trade documents as a response to the challenges posed by bills of lading. In future studies, it is necessary to address the lack of social awareness in Korea by conducting advanced research abroad.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.133-160
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• 2009

In International trade the buyer and seller are normally separated from on another not only by distance but also by differences in language and culture. It is rarely possible for the performance of obligations to be simultaneous and the performance of contracts therefore calls for trust in a situation in which the parties are unlikely to feel able to trust each other unless they have a longstanding and successful relationship. Thus the seller under an international contract of sale will not wish to surrender documents of title to goods to the buyer until he has at least an assurance of payment, and no buyer will wish to pay for goods until he has received them. A gap of distrust thus exists which is often bridged by the undertaking of an intermediary known and trusted by both parties who will undertake on his own liability to pay the seller the contract price in return for the documents of title and then pass the documents to the buyer in return for the reimbursement. This is a common explanation of the theory behind the documentary letter of credit in which the undertaking of a bank of international repute serves as a "guarantee" to each party that the other will perform his obligations. The independence principle, also referred to as the "autonomy principle", is at the core of letter of credit or bank guarantee law. This principle provides that the letter of credit or bank guarantee is independent of the underlying contractual commitment - that is, the transaction that the credit is intented to secure - between the applicant and the beneficiary ; the credit is also independent of the relationship between the bank and its customer, the applicant. The most important exception to the independence principle is the doctrine of fraud in the transaction. A strict interpretation of the rule that the guarantee is independent of the underlying transaction would lead to the conclusion that neither fraud nor manifest abuse of rights by the beneficiary would constitute an objection to payment. There is one major problem related to "Independent guarantees", namely abusive or unfair callings. The beneficiary may make an unfair calling under the guarantee. The countermeasure of beneficiary's unfair calling divided three cases. First, advance countermeasure namely by contract. In other words, when the formation of the contract, the parties must insert the Force Majeure Clause, Arbitration Clause to Contract, and clear statement to the condition for demand calling. Second, post countermeasure namely by court. Many countries, including the United States, authorize the courts to grant an order enjoining the issuer from paying or enjoining the beneficiary from receiving payment under the guaranty letter. Third, Export Insurance. For example, the Export Credit Guarantees Department is prepared, subject to certain conditions, to cover the risk of unfair calling. Of course, KEIC in Korea is cover the risk of the all things for guarantees. On international projects, contractor performance is usually guaranteed by either a standby letters of credit or Independent guarantee. These instruments will be care the parties.

• Journal of Korean Philosophical Society
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• v.130
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• pp.1-22
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• 2014

Li Zehou(李澤厚) regards Chuang-tzu's fatalism as a kind of pessimism and slavish conformism. The main issue of this paper is to opposes Li Zehou(李澤厚)'s view, and reveal that Chuang-tzu's fatalism is not the negative and slavish conformism but the true positivism of the fate. These Chuang-tzu's fatalism can be conceptualized as a 安之若命. When the human was faced with unavoidable fate, Chuang-tzu's 安之若命 is not pessimistically surrender itself to the fate such as a slave, but pleasantly accepts and affirms the fate. Now, the next three process proves that Chuang-tzu's 安之若命 affirms the fate.The attitude of 安之若命, First, takes the unavoidable(不得已) fate as it is. Second, it resolves a humane 'sadness and joy(哀樂)' through 'the forgetting(忘).' Third, it understands the life and death, the change of world, the human body as the stream of energy(氣). Fourth, in conclusion, it affirms the fate by these processes. These point of view can conceptualize as Chuang-tzu's Amor Fati. That is to say, Chuang-tzu' 安之若命 is not a pessimistic but a positive view of the fate.

• Cross-Cultural Studies
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• v.41
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• pp.57-84
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• 2015

During the Japanese rule, there was an abundance of Japanese writers using colonial Taiwan as the backdrop for their work. However, after Japan's surrender and Taiwan's independence, such writers became nearly invisible. With recent relations between Taiwan and Japan drawing closer, novels and films tracing the modern relationship of the two nations are continually being introduced. Tsushima Yuko's 2008 novel Too Savage and Yoshida Shuichi's 2009 work Road also sprout from the shift in the two countries' and East Asia's historic and political atmosphere. The two books are similar in the sense that they both use countries as the backdrop and recall colonial times. However, the perspectives of the two greatly differ. This paper will compare the meaning behind the narrative strategies that the two authors take in remembering colonial Taiwan and the relationship of the two countries. It will be quite meaningful for Koreans to research the recent works of Japanese writers depicting Taiwan, as Korea also shares a similar modern history. It will also be a good opportunity to ruminate on the entangled modern history of the East Asian region and review relevant literature and culture.

• Journal of Arbitration Studies
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• v.29 no.1
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• pp.31-52
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• 2019

As international transactions have grown more numerous, situations of disputes related to the transactions are getting more complicated and more diverse. Cost-effective remedies to settle the disputes through traditional methods such as adjudications of a court will be insufficient. There fore, nations are attempting to more efficiently solve investor-state disputes through arbitration under organizations such as the ICSID Convention, the ICSID Additionary Facility Rules, and the UNCITRAL Arbitration Rules by including the provisions on investor-state dispute settlement at the conclusion of an investment agreement. In case of an arbitration under the ICSID Convention, ICSID directly exercises the supervisorial function on arbitral proceedings, and there is no room for the intervention of national courts. In time of the arbitration where the ICSID Convention does not apply, however, the courts have to facilitate the arbitral proceedings. When the recognition and enforcement of an arbitral award under the ICSID Convention are guaranteed by the Convention, it should be considered that the New York Convention does not apply to them under the Convention Article 7 (1) fore-end. In exceptional cases in which an arbitral award under the ICSID Convention cannot be recognized or enforced by the Convention, the New York Convention applies to the recognition and enforcement because the award is not a domestic award of the country in which the recognition or enforcement is sought. It is up to an interpretation of the New York Convention whether the New York Convention applies to ISDS arbitral awards not based on the ICSID Convention or not. Although an act of the host country is about sovereign activities, a host country and the country an investor is in concurring to the investment agreement with the ISDS provisions is considered a surrender of sovereignty immunity, and it will not suffice to exclude the investment disputes from the scope of application of the New York Convention. If the party to the investment agreement has declared commercial reservation at its accession into the New York Convention, it should be viewed that the Convention applies to the recognition and enforcement of the ISDS awards to settle the disputes over an investitive act, inasmuch as the act will be considered as a commercial transaction. When the recognition and enforcement of an arbitral award on investment disputes about a nation's sovereign act have been sought in Korea and Korea has been designated the place of the investment agreement arbitration as a third country, it should be reviewed whether the disputes receive arbitrability under the Korean Arbitration Act or not.

• Land and Housing Review
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• v.5 no.1
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• pp.53-56
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• 2014

Hong Kong, a well-known metropolis characterized by skyscrapers on both sides of the Victoria Harbour, consists mainly of 3 parts, namely the Hong Kong Island, the Kowloon peninsula and the New Territories (N.T.) which is the land area north of Kowloon plus a number of outlying islands. Located in the N.T. are all the new towns, market towns; and in the plains and valleys lie scattered village houses of not more than 3 storeys within the confines of well-defined village. These village houses are governed by a rural housing policy that could be traced back to the very beginning of the former British administration in the N.T. By the Convention of Peking of 1898, the N.T., comprising the massive land area north of Kowloon up to Shenzhen River and 235 islands, was leased to Britain by China for 99 years from 1st July 1898. Soon after occupation, the colonial government conducted a survey of this uncharted territory from 1899 to 1903, and set up a land court to facilitate all land registration work and to resolve disputed claims. By 1905, the Block Crown Leases with Schedule of Lessees and details of the lots, each with a copy of the lot index plan (Demarcation Plan) were executed. Based on the above, Crown rent rolls were prepared for record and rent collection purposes. All grants of land thereafter are known as New Grant lots. After completion and execution of the Block Crown Lease in 1905, N.T. villagers had to purchase village house lots by means of Restricted Village Auctions; and Building Licences were issued to convert private agricultural land for building purposes but gradually replaced by Land Exchanges (i.e. to surrender agricultural land for the re-grant of building land) from the early 1960's until introduction of the current Small House Policy in October 1972. It was not until the current New Territories Small House Policy came into effect in December 1972 that the Land Authority can make direct grant of government land or approve the conversion of self-owned agricultural land to allow indigenous villagers to build houses within the village environs under concessionary terms. Such houses are currently restricted to 700 square feet in area and three storeys with a maximum height of 27 feet. An indigenous villager is a male descendent of a villager who was the resident of a recognized village already existing in 1898. Each villager is only allowed one concessionary grant in his lifetime. Upon return of Hong Kong to the People's Republic of China on July 1st, 1997, the traditional rights of indigenous villagers are protected under Article 40 of the Basic Law (a mini-constitution of the Hong Kong Special Administrative Region). Also all N.T. leases have been extended for 50 years up to 2047. Owing to the escalating demand and spiral landed property prices in recent years, abuse of the N.T. Small House Policy has been reported in some areas and is a concern in some quarters. The Hong Kong Institute of Land Administration attempts to study the history that leads to the current rural housing policy in the New Territories with particular emphasis on the small house policy, hoping that some light can be shed on the "way forward" for such a controversial policy.

• The Journal of Art Theory & Practice
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• no.4
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• pp.123-144
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• 2006

Foreigners who arrived in Korea after the age of enlightenment were Japanese, Chinese and 'Westerners' who were Europeans and Americans. The westerners were diplomats who visited Korea for colonization or for increasing their economical profits by trading after the spread of imperialism, and tourists curious of back countries, artists, explores and missionaries to perform their roles for their religious beliefs. They contacted with Korean cultural and educational people as missionaries and instructors during Japanese colonial period. In 1945, the allied forces occupied Korea under the name of takeover of Japanese colony after Japan's surrender and the relation between foreigners and Korean cultured men enter upon a new phase. For 3 years, American soldiers enforced lots of systems in Korea and many pro-American people were educated. This relationship lasted even after the establishment of the government of Korean Republic and especially, diplomats called as pro-Korean group came again after Korean War. Among them, there were lots of foreigners interested in cultures and arts. In particular, government officials under American Forces who were influential on political circles or diplomats widened their insights toward Korean cultural assets and collected them a lot. Those who were in Korea from the period of independence to 1950s wrote their impressions about Korean cultural assets on newspapers or journals after visiting contemporary Korean exhibitions. Among them, A. J. McTaggart, Richard Hertz and the Hendersons were dominant. They thought the artists had great interests in compromising and uniting the Orient and the West based on their knowledge of Korean cultural assets and they advised. However, it was different from Korean artist's point of view that the foreigners thought Korean art adhered oriental features and contained western contents. From foreigners' point of view, it is hard to understand the attitude Korean artists chose to keep their self-respect through experiencing the Korean war. It is difficult to distinguish their thought about Korean art based on their exotic taste from the Korean artists' local and peninsular features under Japanese imperialism. We can see their thought about Korean art and their viewpoint toward the third world, after staying in Korea for a short period and being a member of the first world. The basic thing was that they could see the potentialities through the worldwide, beautiful Korean cultural assets and they thought it was important to start with traditions. It is an evidence showing Korean artists' pride in regard to the art culture through experiencing the infringement of their country. By writing about illuminating Korean art from the third party's view, foreigners represented their thoughts through it that their economical, military superiority goes with their cultural superiority. The Korean artist's thought of emphasizing Korean history and traditions, reexamining and using it as an original creation may have been inspired by westerners' writings. 'The establishment of national art' that Korean artists gave emphasis then, didn't only affect one of the reactions toward external impact, 'the adhesion of tradition'. In the process of introducing Korean contemporary art and national treasure in America, different view caused by role differences-foreigner as selector and Korean as assistant-showed the fact evidently that the standard of beauty differed between them. By emphasizing that the basis to classify Korean cultural assets is different from the neighborhood China and Japan, they tried to reflect their understanding that the feature of Korean art is on speciality other than universality. And this make us understand that even when Korean artists profess modernism, they stress that the roots are on Korean and oriental tradition. It was obviously a different thought from foreigners' view on Korean art that Korean artists' conception of modernism and traditional roots are inherent in Korean history. In 1950s, after the independence, Korea had different ideas from foreigners that abstract was to be learned from the west. Korea was enduring tough times with their artists' self-respect which made them think that they can learn the method, but the spirit of abstract is in the orient.