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Legal Issues in Specific Performance under International Business Transactions: The scope and application of Article 28 of the CISG (국제물품매매계약상 특정이행에 관한 법적 쟁점 - CISG 제28조의 해석과 적용을 중심으로 -)

  • KIM, Young-Ju
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.71
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    • pp.1-36
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    • 2016
  • Unlike continental European legal systems (civil law systems), specific performance in common law refers to an equitable remedy requiring exactly the performance that was specified in a contract. It usually granted only when money damages would be an inadequate remedy and the subject matter of the contract is unique. Thus, under common law specific performance was not a remedy, with the rights of a litigant being limited to the collection of damages. Consistent with the practice in civil law jurisdictions, United Nations Convention on Contracts for the International Sale of Goods (CISG) makes specific performance the normal remedy for breach of a contract for the sale of goods. Therefore, the buyer may require a breaching seller to deliver substitute goods or to make any reasonable repair. Likewise, the sellermay require the buyer to taker delivery of goods and pay for them. Despite this, Article 28 of the CISG restricts the availability of specific performance where it would be unavailable under the domestic law of the jurisdiction in which the court is located. Thus, the CISG's more liberal policy toward specific performance is restricted by common law. There are some legal issues in CISG's specific performance availability by Article 28. This paper analyzes these issues as interpreting Article 28 of CISG, by examining various theories of application to actions for specific performance and comparing CLOUT cases involving CISG Article 28.

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How do advertisements spread on social networks? (광고 캠페인의 소셜 네트워크 확산 구조에 대한 연구)

  • Kim, Yuna;Han, Sangpil
    • Journal of Digital Convergence
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    • v.16 no.8
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    • pp.161-167
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    • 2018
  • The purpose of this study is to investigate how the advertising campaign is spreading in social networks, and how the advertising model plays an important role in advertisement diffusion. In order to grasp the diffusion patterns of advertising, a text mining and social network analysis were conducted using the beer brand 'Kloud' as a collection keyword. After analyzing the social data for two months since the on-air of 'Good Body' advertisement, which was the first ad that "Sulhyun" appeared in. After the launch of the ad, Kloud has been mainly associated with keywords such as 'yavis & trendy style', 'beer brand', 'beer matching food', 'luxury beer drinking place', 'leisure trend', and 'SNS activity', etc. In addition, "Sul Hyun" also showed that an advertising model contributes to the spread of advertisement on social media in terms of image transition as well as brand's name and unique selling point.

Rock cavern stadium. A research program related to public use of Underground caverns

  • Meland, Oystein
    • Tunnel and Underground Space
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    • v.2 no.1
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    • pp.95-101
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    • 1992
  • Norwegian technology related to preinvestigations, planning, design and construction of large underground caverns is wellknown worldwide. However, so far this technology is only slightly verified through scientiffic reports and documentation. The "Rock cavern stadium" research program is an interdisciplinary program related to the ongoing building and future use of Gjovik Olympic Subsite which is the largest cavern in the world for public purposes with a span of 61 meters and a height of 25 meters. The estimated budget for this program is about USD 4 million which is made possible through grants from The Royal Norwegian Council for Scientific and Industrial Research as well as through contributions from Norwegian and Swedish companies that are participating. The program is carried out in collaboration with The Foundation for Scientific and Industrial Research at the Norwegian Institute of Technology. The Norwegian Geotechnical Institute and The Eastern Norway Research Center. The research program will continue until the end of 1994 to ensure that input comes from a full period of use in this stadium with different activities like exhibitions, conferences, concerts etc being included as verification through full-scale measurements and observations. The research program has five subtasks. Three of these are related to subjects like Energy consumption. HVAC installations. Fire safety design, Engineering geology and Rock mechanics, Environmental aspects. The fourth subtask is concerned with the collection of basic data, results and experience from these three subtasks to provide a basis for national Norwegian guidelines related to this interdisciplinary subject area. The guidelines will first be presented as a manual for planning and engineering purposes. The realization of this research program is a unique opportunity to enhance the expertise that has been acquired from this cavern stadium. By involving research in this extraordinary project from the excavation and building phase to its subsequent use. this will give the participants know-how and expertise which is very much in demand internationally. The coordination of the international activities between the participants as well as preparation of participations and presentations in international conferences and symposium are included in the fifth task of this national research program.

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Digital Library Evaluation Criteria: What do Users Want? (디지털 도서관 평가기준: 이용자들이 원하는 것은 무엇인가?)

  • Xie, Iris;Joo, Soohyung;Matusiak, Krystyna K.
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.25 no.1
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    • pp.5-18
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    • 2014
  • Criteria for evaluating digital libraries have been suggested in prior studies, but limited research has been done to understand users' perceptions of evaluation criteria. This study investigates users' opinions of the importance of digital library evaluation criteria. Thirty user participants, including 10 faculty members and 20 students, were recruited from five universities across the United States. They were asked to rate the importance of evaluation criteria in eight dimensions (e.g. collections, information organization, context, etc.). The results demonstrate that users care about evaluation criteria related to the use and quality of collection and services rather than the operation of digital libraries. The findings of this study are relevant to the development of user-centered digital libraries and associated evaluation frameworks through the incorporation of unique users' needs and preferences.

A Study on the Literary Lyricism as Aesthetic Sense in Japanese Costume -Focusing on its Formation and Development- (일본복식문화에 나타나는 미의식으로서 문학적 서정 -그 형성과 전개-)

  • Huh Eun-Joo
    • Journal of the Korean Society of Costume
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    • v.56 no.7 s.106
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    • pp.79-95
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    • 2006
  • The relationships between costumes and literature are the remarkable characteristics in the history of Japanese costumes. Among them, the literary designs which have literary subject matters seem unique to Japan. In Japan, the history of the literary design traces far back and its examples are abundant in various literatures in the Heian era. It is particularly notable that the literary designs take a relatively large part of Kosode pattern in the pre-modern period, the Edo era, which can be cleary seen in Kosodehinagata-bon, a collection of Kosode pattern of those era, in addition to various sources of extant relics or paintings. These literary designs lie the tradition of the literary lyricism as aesthetic sense in the japanese costume history. The literary lyricism means the lyrical mood evoked by literature. The purpose of this study is to examine how the literary lyricism which has supported those literary designs was formed and developed. The literary designs on costumes related with the relationships between literature and formative art, for example painting. Those typical example, which started in the literature tournament, utaawase, was devised for matching up with the character of the assembly. They continued as a sort of the intellectual amusements. In the pre-modern period, the literary designs developed In relation to not only subject matters but those expression. Moreover, it shows the extremely typical example that a series of Kosodehiinagata-bons, consisted solely of literary designs, was enjoyed as a device of reading materials like poem anthology.

A Study on Trompe-1'oeil Expressed in Modern Fashion (현대패션에 나타난 Trompe-l'oe il(트롱쁘-뢰이유, 눈속임)에 관한 연구)

  • 손영미;조영아
    • Journal of the Korean Society of Costume
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    • v.52 no.4
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    • pp.155-171
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    • 2002
  • Trompe-1’oeil technique strategically conceived with a view to effectively realize creative ideas among the expression techniques of fine arts style has provided the driving force in development of fine arts and has continuously influenced development of the modern fashion pursuing unique individuality. The purpose of this study is to open a new horizon for the development of fashion as a practical art, and to seek the expansion of the creative domain and ultimately to contribute to the creation of original and creative fashion by examining the interrelationship between Trompe-1’oeil, which has long been utilized and positioned as one of the leading fine arts techniques with the advent of surrealism in the beginning of the 20th century and the modern fashion. The study is focused first on finding out how Trompe-1’oeil technique originated in connection with researching the fashion of Trompe-1’oeil and on analysing the techniques of expression, and then on investigating into Elsa Schiaparelli, pioneer of Trompe-1’oeil technique to identify her influences, and finally on classifying clothes employing Trompe-1’oeil technique by their expression method to examine how Trompe-1’oeil technique has been applied to modern clothes. As for the research method, the researcher has referred to fine arts books, collection of pictorial records and the like to gain conceptual understanding of Trompe-1’oeil and to examine the expression method and the features of Trompe-1’oeil, and collected and referred to fashion books and fashion marazines to understand Elsa Schiaparelli and the expression tendencies of Tromprf-1’oeil in modern fashions. Particularly, the researcher has attempted to search the correlation between modern fashion and Trompe-1’oeil technique. As a result of this research, the researcher has managed to classify Trompe-1’oeil technique expressed in modern fashion into ‘harmony’, ‘application of the human body’, ‘front and back’, ‘surface and inside’. ‘completion of the incomplete’ and ‘detail.’ The researcher has also noted that Elsa Schiaparelli, a surrealist first applied Trompe-1’oeil technique to clothes and confirmed that quite a few avant-garde clothes designers following Elia Schiaparelli, by using Trompe-1’oeil technique in clothes, recently recreate fresh feelings.

Analysis of Fashion Window Display at Printemps Department Store in Paris, France - Focused on the period from 2009 to 2014 - (프랑스 파리 쁘랭땅 백화점 패션윈도우 디스플레이 분석 - 2009년부터 2014년 기간을 중심으로 -)

  • Heo, Seungyeun;Kim, Chil Soon;Kim, Sunha
    • Fashion & Textile Research Journal
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    • v.17 no.4
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    • pp.501-512
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    • 2015
  • This study was to consider and analyze of fashion window display design at Printemps department store in Paris, France which has tried continuously space presentations through the sensibility and differentiated strategy. The framework for analysis of this study was established by related precedent studies. Data collection was done by searching related specialty publications and website of Printemps department store, and the results of this study were drawn through qualitative analysis of experts' group. The results are as follows. Printemps department store set up presentation types of fashion window display design's themes that have been developed by the method of display presentation such as symbolic, ambience, surrealistic, realistic, and information. The most frequently used presentation development techniques applied in windows' VP of Printemps were the 'transferal of daily space', 'transferal of unexpected space', 'exaggeration of animal & plant', and 'descriptive narrative scene.' In addition, the display theme components such as the materials that can be easily accessible in everyday life, unique directing props, the memory or childhood, the image of animal or plant, and lighting etc. We found that the major colors of window display design at Printemps department store were purple, blue and black during the period from 2009 to 2014.

On Processing Raw Data from Micrometeorological Field Experiments (미기상학 야외실험에서 얻어지는 자료 처리에 관하여)

  • Hong, Jin-kyu;Kim, Joon
    • Korean Journal of Agricultural and Forest Meteorology
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    • v.4 no.2
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    • pp.119-126
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    • 2002
  • Recently, the flux community in Korea established a new regional flux network, so-called KoFlux, which will provide an infrastructure for collecting, synthesizing, and analysing long-term measurements of energy and mass exchange between the atmosphere and the various vegetated surfaces. KoFlux requires the collection of long time series of raw data, and a large amount of data are expected to accumulate due to continuous flux observations at each KoFlux sites. Therefore, we need a systematic and efficient tool to manage these raw data. As a part of this effort, a computer program far processing raw data measured from micrometeorological field experiments was developed for the flux community in Korea. In this paper, we introduce this program for processing raw data to estimate fluxes and other turbulent statistics and explain the micrometeolological processes coded in this data-processing program. Also, we show some examples on how to run the program and handle the outputs for the unique purpose of research interest.

A Study on the Characteristics of Exhibition Space Organization of the Museum's Typology on Served and Servant Space Type - Focused on Renzo Piano's Work Influenced by Louis I. Kahn's Characteristics of Exhibition Space Organization - (뮤지엄건축에 있어서 분리형 전시공간구성 특성에 관한 연구 - 루이스 칸의 전시공간구성방법의 영향을 받은 렌조 피아노의 작품분석을 중심으로 -)

  • Lee, Sung-Hoon;Park, Yong-Hwan
    • Korean Institute of Interior Design Journal
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    • v.15 no.5 s.58
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    • pp.238-246
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    • 2006
  • Renzo Piano was first introduced to us when he got together with Richard Rogers and won the Grand Prize on Center George Pompidou Competition in Paris. Since then, he designed number of world renowned museum architecture such as Menil Collection & Museum, The Cy Twombly Gallery, Beyeler Foundation Museum, and most recently the New Pavilion of High Museum of Art. His museum design, in particular, showed very consistent feature which is differentiating the 'Served Space(exhibition area) and the Servant Space(service core or mechanical system area)'. In addition, the way he treats natural light as a special feature within his museum space was nicely done and it is remarkable both in design and engineering side; he always designed a very unique roof structure system to give life and to simulate emotion of light within the space. These are just a few points of his special design characteristics which differentiate him from the rest of the architect working today. While interested by works of Renzo Piano, we found that his work had very close relationship to Louis I. Kahn's design. Specially the way Renzo Piano differentiating serving and servant space and the way he treating natural light. Therefore, the purpose of study is focused on providing typology of museum exhibition organization as well as finding evidence of Louis I. Kahn's influence and concept he has shown in his museum projects through actual site visits and reference research. The method of research was as the following; first to find typology and its characteristics of exhibition space organization of all Renzo Piano's museum projects. Secondly to distinguish projects which show 'differentiated servant and served space'. As the result of this study, it was clear that Renzo Piano had influence of Louis I. Kahn on adopting 'Servant and Served Space' concept. But the research concluded with the facts to approve the uniqueness of Renzo Piane's design concept.

A Study of Ethnic Images Found in Modern Sports Fashion (현대 스포츠패션에 나타난 에스닉 이미지 연구)

  • Kim Eun-Kyoung;Chae Keum-Seok
    • Journal of the Korean Society of Clothing and Textiles
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    • v.30 no.7 s.155
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    • pp.1054-1065
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    • 2006
  • This study aims to provide basic data conducive to developing popular and international products by analyzing the mechanism, factors and design of ethnic sports fashion incorporating ethnicity and sports sense that may satisfy the physical and psychological needs of modern humans who tend to seek 'well- being'. The methodology includes literature reviews and positivist study, and visual materials include domestic and foreign fashion magazines, newspapers, fashion journals, ad photos, collection photos, and internet that cover colors, materials, detailed sports fashion design that are considered to have an ethnic image. Its scope is limited to the period from 2000 through 2005 S/S. The results of study are as follows: First, sports fashions through incorporation of sports emotion and fashion, mixes and matches existing formal wear, casual wear, or leisure wear with sportswear, or introduces and utilizes materials, details, accessories, or image from sportswear. Second, 1) from the changes by year in sports fashion, ethnic images were strongly expressed by the influence of naturalism in the early 1990s, and functional sports fashion has been fused with ethnic image with functionalism becoming stronger and wellbeing trend expanding from the mid 1990s through 2000s. 2) The cause of ethnic image in sports fashion included hybrid, multi-culturalism, and naturalism. Third, the ethnic images revealed in the sports fashion designs of Prada, Louis Vuitton, Gucci, and Y3 are simple and unique based on functionality and activism.