• 무역상무연구
• /
• 제58권
• /
• pp.59-98
• /
• 2013

Risk of loss is a term used in the law of contracts to determine which party should bear the burden of risk for damage occurring to goods after the sale has been completed, but before delivery has occurred. Under the Uniform Commercial Code (UCC), there are four risk of loss rules, in order of application. First, it is agreement that is the agreement of the parties controls. Second, the breaching party is liable for any uninsured loss even though breach is unrelated to the problem. Hence, if the breach is the time of delivery, and the goods show up broken, then the breaching rule applies risk of loss on the seller. Third, the delivery by common carrier other than by seller is necessary: Risk of loss shifts from seller to buyer at the time that seller completes its delivery obligations; If it is a destination contract, then risk of loss is on the seller; If it is a delivery contract, then the risk of loss is on the buyer. Fourth, if the seller is a merchant, then the risk of loss shifts to the buyer upon buyer's receipt of the goods. If the buyer never takes possession, then the seller still has the risk of loss. This paper discusses problems of risk of loss under the American law. Specifically, this paper focuses on the interpretation of UCC sections and analysis of various cases. By comparing, also, UCC and Korean law, the paper proposes some implications of risk of loss issues for Korean law.

• 대한수학회지
• /
• 제49권6호
• /
• pp.1097-1110
• /
• 2012

The convergence properties of extended negatively dependent sequences under some conditions of uniform integrability are studied. Some sufficient conditions of the weak law of large numbers, the $p$-mean convergence and the complete convergence for extended negatively dependent sequences are obtained, which extend and enrich the known results in the literature.

• 제어로봇시스템학회:학술대회논문집
• /
• 제어로봇시스템학회 2001년도 ICCAS
• /
• pp.38.1-38
• /
• 2001

In this paper, the vibration suppression problem of an axially moving power transmission belt is investigated. The equations of motion of the moving belt is first derived by using Hamilton´s principle for systems with changing mass. The total mechanical energy of the belt system is considered as a Lyapunov function candidate. Using the Lyapunov second method, a nonlinear boundary control law that guarantees the uniform asymptotic stability is derived. The control performance with the proposed control law is simulated. It is shown that a boundary control can still achieve the uniform stabilization for belt systems.

• 대한수학회지
• /
• 제49권2호
• /
• pp.223-233
• /
• 2012

In this paper we establish some limsup results and a generalized uniform law of the iterated logarithm (LIL) for the increments of partial sums of a strictly stationary and linearly positive quadrant dependent (LPQD) sequence of random variables.

• 무역상무연구
• /
• 제9권
• /
• pp.223-250
• /
• 1996

• 복식
• /
• 제5권
• /
• pp.173-183
• /
• 1981

In 1895(32nd year of King Ko-Jong), Kyung-moo-chung as westernized police system was established and the uniform of the police developed. Regarding to the Uniform of the Kyung-bu-dai-sin(the Minister Kyung-bu) and to that of the Sun-gum(the low position of the Kyung-bu police), the Kyung-bu costume(Uniform of the police) is divided as Ye-bok(Formal uniform) and Sang-bok(Informal uniform). Ye-bok(Formal uniform) is put on in the case of the law described, and Sang-bok(Informal uniform) is an everyday wear. Ye-bok(Formal uniform) is composed of Ye-mo(hat), Eui(jacket), Go(trousers), Dai(decorative belt), Do(decorative sword), and Hwa(footwear). Sang-bok(Informal uniform) is composed of Sang-mo(hat), Eui(jacket), Go(trousers), and Hwa(footwear). Differences between Sang-bok(Informal uniform) and Ye-bok(Formal uniform) is the materials of the ornament, numbers of the decorative lines. Ye-bok(Formal uniform) has more grandeur[ornament. A historic changes in the Kyung-bu costume(Uniform of the police) during the late of Yi Dynasty was little but the decorative materials and the numbers of the decorative line.

• Structural Engineering and Mechanics
• /
• 제77권3호
• /
• pp.305-314
• /
• 2021

In order to reduce enormous cost of real-scale underwater explosion experiments on ships, the mechanical response of the ships have been analyzed by combining scaled-down experiments and Hopkinson's scaling law. However, the Hopkinson's scaling law is applicable only if all variables vary in an identical ratio; for example, thickness of ship, size of explosive, and distance between the explosive and the ship should vary with same ratio. Unfortunately, it is infeasible to meet such uniform scaling requirement because of environmental conditions and limitations in manufacturing scaled model systems. For the facile application of the scaling analysis, we propose a generalized scaling law that is applicable for non-uniform scaling cases in which different parts of the experiments are scaled in different ratios compared to the real-scale experiments. In order to establish such a generalized scaling law, we conducted a parametric study based on numerical simulations, and validated it with experiments and simulations. This study confirms that the initial peak value of response variables in a real-scale experiment can be predicted even when we perform a scaled experiment composed of different scaling ratios for each experimental variable.

• 한국중재학회지:중재연구
• /
• 제22권2호
• /
• pp.125-157
• /
• 2012

This study is to vindicate the vacation of arbitral awards in the United States. It focuses on the harmony of case law with statutory law of the United States. Until the early twentieth century, the American legal system, having adopted the English common law view, harbored a hostile attitude toward arbitration. The purpose of the Federal Arbitration Act (FAA) of the United States, enacted in 1925, was to eliminate the hostile attitude of courts toward arbitration. Congress is to enforce arbitration agreements into which parties have entered and to place arbitration agreements upon the same footing as other contracts. The structure of grounds for vacating arbitration awards has two layers. One is of vacating grounds with statutory origins, such as the FAA and the Uniform Arbitration Act, and the other, of vacating grounds originating from a nonstatutory, case law background. For a while, vacatur based on case law has coexisted with vacatur on statutory grounds for arbitration awards. After the Supreme Court decision in Hall Street Associates, L.L.C. v. Mattel, Inc., however, the justification of vacating based on case law has weakened. Post-Hall Street decisions of circuit courts show ways to deal with manifest disregard of the law. One of them is the harmonization of the case law grounds for vacating with the statutory grounds. It seems that the manifest-disregard-of-law and public-policy exceptions show a possibility of survival after Hall Street. However, other nonstatutory grounds for vacation of arbitration awards have no firm basis after Hall Street.

• 무역상무연구
• /
• 제17권
• /
• pp.7-35
• /
• 2002

In many international financing transactions Korean companies are required to issue a guarantee. Thus far, however, legal issues on international guarantees have not been fully discussed in Korea. This is partly because most of the international guarantees are governed by a foreign law such as English law or the laws of the State of New York. In this articles the author examines major concepts or terms and conditions of a typical international guarantee, e.g., language on consideration, primary obligor, joint and several guarantee, unconditional and irrevocable guarantee, continuing guarantee, right of subrogation, representations and warranties, covenant or undertaking, currency indemnity, assignment, participation, governing law and jurisdiction clause, etc. For reference, standard forms of a guarantee and a standby letter of credit are attached to the article. In examining the terms and conditions, the author compares them with similar or equivalent concepts under Korean law. The author further discusses some Korean law issues that may arise under international guarantees governed by a foreign law. These issues include the application of the ultra vires doctrine under Article 34 of the Civil Code of Korea, the validity of an international guarantee which a Korean company has issued in violation of the guarantee ceiling set under Article 10 of the Law on Monopoly Regulation and Fair Trade of Korea and the validity of an international guarantee which a Korean party has issued in violation of the Foreign Exchange Transaction Law. In addition, the author discusses some issues under a so-called independent guarantee and a standby letter of credit. In this regard, reference is made to the Uniform Rules for Demand Guarantee (URDG), International Standby Practices (ISP98) and the Convention on Independent Guarantees and Stand-by Letters of Credit adopted by the United Nations in 1995. Finally, the author examines major terms and conditions of typical comfort letters and discusses some legal issues, such as the binding force of the comfort letter. In dealing with the issues the author underscores that to the extent the issues are not properly dealt with by an international norm such as Uniform Customs and Practice for Documentary Credits or ISP 98, the issues must be analyzed by reference to the governing law of the relevant instrument.

• 무역상무연구
• /
• 제69권
• /
• pp.127-151
• /
• 2016

UNIDROIT Principles of International Commercial Contracts(PICC) was published in 1994. PICC has been functioned as a guideline of international commercial contracts, an applicable law to govern a contract by the agreement of the parties to a contract, general principles of law and lex mercatoria. In addition, PICC has a role of interpreting or supplementing international uniform law instruments as well as domestic laws, and also has served as a model for national and international legislations. PICC has been accepted as a authoritative source of knowledge of international trade usages of international commercial contracts to the arbitral tribunal rather than domestic court because it excluded the characteristics of hard law at the drafting stage. This article dealt with the rule on gross disparity of validity which fall outside the scope of UN Convention on Contract for the International Sale of Goods(CISG), which has obtained a leading legal position of uniform law in international sales of good. In other words, PICC suggests a series of meaningful solutions to the issue of gross disparity of contract which is the most complicated among legal disputes occurring during the process of conclusion of contact and also extremely different and diverse between legal systems. This article covered the issue of gross disparity of contract at the conclusion of contact and suggested the legal basis of several rules related to the gross disparity by analysing gross disparity rule of PICC. Furthermore, this article suggested legal check points or implication as well as interpretation and evaluation on doctrine of laesio enormis and undue influence or unconscionability. This article also dealt with a comparative analysis with Principles of European Contract Law(PECL) and Common European Sales Law(CESL) which have important legal positions in the area of international commercial contract as well as in terms of close relationship to PICC by linking with recent court or arbitral tribunal rulings.