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The Revision Trend of UNCITRAL Model Law on International Commercial Arbitration (국제상사중재에 관한 UNCITRAL 모델법의 개정동향)

  • Lee, Kang-Bin
    • Journal of Arbitration Studies
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    • v.16 no.3
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    • pp.53-89
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    • 2006
  • At its thirty-second session(Vienna, 17 May-4 June 1999), the UNCITRAL decided that the priority items for the Working Group(Arbitration and Conciliation) should include enforceability of interim measures and the requirement of written (on for the arbitration agreement. The Working Group, at its forty-third session(Vienna, 3-7 October 2005), it had undertaken a detailed review of the text of the revised article 17 of UNCTTRAL Model Law on International Commercial Arbitration, and it had resumed discussions on a draft model legislative provision revising article 7, paragraph (2) of UNCITRAL Model Law. The purpose of this paper is to make research on the contents and issues of the draft legislative provisions on interim measures and preliminary orders, and on the form of arbitration agreement which the Working Group discussed and adopted at its forth-fourth session(New York, 23-27 January 2006). The draft legislative provisions on interim measures and preliminary orders are composed of the following provisions : Article 17-power of arbitral tribunal to order interim measures; article 17 bis-conditions for granting interim measures; article 17 ter-applications for preliminary orders and conditions for granting preliminary orders; article 17 quater-specific regime for preliminary orders; article 17 quinquies- modification, suspension, termination; article 17 sexies-provision of security; article 17 septies-disclosure; article 17 octies-costs and damages; article 17 novies recognition and enforcements; article 17 decies-grounds for refusing recognition or enforcement; article 17 undecies-court-ordered interim measures. There are the following issues in the draft legislative provisions on interim measures and preliminary orders : form of issuance of an interim measures in article 17(2); conditions for granting interim measures in article 17 bis; purpose, function and legal regime of preliminary orders in article 17 ter; obligation of arbitral tribunal to give notice, and non-enforceability of preliminary orders in article 17 quater; burden of proof, interplay between article 17 decies and article 34, and decision on the recognition and enforcement of the interim measures in article 17 decies; placement of article 17 undecies; amendment of scope exception of application in article 1(2). The draft legislative provisions on the form of arbitration agreement are composed of the following provisions : article 7(1) definition of arbitration agreement; article 7(2) arbitration agreement in writing; article 7(3) arbitration agreement if its terms(content) are (is) recorded in any form; article 7(4) arbitration agreement by an electronic communication; article 7(5) arbitration agreement in an exchange of statements of claim and defence; article 7(6) reference to any document containing an arbitration clause. There are the following issues in the draft legislative provisions on the form of arbitration agreement : arbitration agreement in writing in article 7(2); terms or contents of arbitration agreement in article 7(3); arbitration agreement by electronic communication in article 7(4); existence of arbitration agreement in article 7(5); reference to any document containing an arbitration clause in article 7(6); the alternative proposal on article 7; amendment to article 35(2).

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A Study on the Legal Assessment and Cases of Damages under CISG (국제물품매매계약에 관한 UN협약(CISG)상 손해배상액 산정기준의 해석과 적용)

  • Shim, Chong-Seok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.55
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    • pp.3-32
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    • 2012
  • CISG article 74 establishes the general formula applicable in all cases where an aggrieved party is entitled to recover damages. It provides that damages for breach of contract comprise all losses, including loss of profits, caused by the breach, to the extent that these losses were foreseeable by the breaching party at the time the contract was concluded. An aggrieved party may claim under article 74 even if entitled to claim under article 75 or 76. The latter articles explicitly provide that an aggrieved party may recover additional damages under article 74. Articles 75 and 76 apply only in cases where the contract has been avoided. Article 75 measures damages concretely by reference to the price in a substitute transactions, while article 76 measures damages abstractly by reference to the current market price. Article 76 (1) provides that an aggrieved party may not calculate damages under article 76 if it has concluded a substitute transaction under article 75. If however, an aggrieved party concludes a substitute transaction for less than the contract quantity, both articles 75 and 76 may apply. Pursuant to article 77, damages recoverable under articles 74, 75 or 76 are reduced if it is established that the aggrieved party failed to mitigate losses. The reduction is the amount by which the loss should have been mitigated. Article 78 entitles a party to interest on the price and any other sum that is in arrears.

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A Documentary Study on Article 39 of Shanghanlun (『상한론』 제 39조에 대한 문헌적 연구)

  • Kim June Ki
    • Journal of Physiology & Pathology in Korean Medicine
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    • v.16 no.1
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    • pp.45-51
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    • 2002
  • This paper deals with the documentary study on article 39 of Shanghanlun(傷寒論). It has been reported that symptom of Daqinglong-tang(大靑龍湯) of article 39 of Shanghanlun is caused by the following four factors: 1) the additional evidence of article 38 2) the transformation into heat-syndrome of cold evil 3) the chronic and less acute process of Taiyangshanghan(太陽傷寒) 4) a kind of anasarca coming from an evil of wind-warm. After studying and comparing the above artide with the article of Daqinglong-tang of Jinguiyaolue, I found that symptom of Daqinglong-tang of article 39 is anasarca.

A Study on Uniform Commercial Code Article 5-109 (미국통일상법전(美國統一商法典) 제(第)5-109조(條)에 대한 일고찰(一考察))

  • Kim, Soon-Ja
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.537-561
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    • 2000
  • In these days, there are various types of fraud in L/C transaction. But we has no article on fraud in the UCP. So the matter of fraud has been depended on the judgement of court of each country. But the judgements are different in each case. These cause the difficulties in practice. To solve this problem, it is desirable to insert the relative article in the UCP. I considered the article 5-109 of UCC for pre-study on this matter. But the article 5-109 of UCC has some problems. To arrange the relative article on fraud in the UCP, we have to consider more severely on article 5-109 of UCC. Especially, it should be studied on cases in practice. This is left for next study.

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Analysis on classification item and data display format of newspaper article database (기사데이터베이스의 분류항목과 데이터표시형식에 관한 비교분석)

  • 한상길
    • Journal of Korean Library and Information Science Society
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    • v.23
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    • pp.329-362
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    • 1995
  • Newspaper Article Information is an important source of information on social phenomenon with historical value. The development of computer and technology of information communication enables the construction of Newspaper Article Database by CTS and service through computer communication. It made it possible for the peoples to utilize the Newspaper Article Information easily. However, it is very difficult to utilize the currently prevailing system. There are differences in classification system of Newspaper Article Database and the Data Display Format. This survey aims to review the characteristics of Newspaper Article Database and current domestic computer communication service system. By comparing the classification system of Retrieval Menu and Data Display Format, I intended to suggest the standardized way of utilization which enables the users utilize them more easily and conveniently. The results of this survey is as follows : 1. More sub-divided distinction of classification item is required. 2. Separate classification item should be established for the distinction of article form which is very difficult to classify the subject. 3. Data Display Format should be equi n.0, pped with standardized format and signal which enables the users recognize it easily.

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On the problem and improvements about 'End of Confirmation for Defect Liliability' on the Management of Apartment Houses Decree (공동주택관리법 하자담보책임 종료 확인 절차의 문제점 및 개선방안)

  • Kim, Jin-Kuk;Bang, Hong-Soon;Kim, Ok-Kyue
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2017.05a
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    • pp.274-275
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    • 2017
  • Decree on the Management of Apartment Houses. Article 36 (Liability for warranty Repair Defects), Article 37 (About Repair Defect, etc), and its implementing ordinances, Article 36 (Term of warranty liability) Article 37 (Defect criteria), Article 38 (procedure of Repair defect), Article 39 (type of warranty liability), Enforcement Rule Article 17 (Certifiation of warranty liability). On the basis of the upper Decree, In spite of Standard and forms of 'Completion of Repair Defect' was exist, it was hard to receive 'End of Confirmation' in practice. The purpose of this study is to propose basics in order that Practitioners can apply problems and improvements about Decree on the Management of Apartment Houses.

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A Study of Housing Environment Problems through the Daily newspapers ( I ) - The Change of a type of the Dong-A daily papers (1920~1990) - (일간지를 통해 본 주거환경문제의 연구 ( I ) - 동아일보 (1920년~1990년) 기사 유형의 변천 -)

  • 신경주
    • Journal of the Korean housing association
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    • v.2 no.2
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    • pp.41-53
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    • 1991
  • This study discussed the change of housing environmental problems from the early 1900s to the present.The reason is to find the solution of serious housing environment problems. The documentary research method was used for this study.Articles of content analysis(N= 1129)were published in 1920(the first edition)to December. 31, 1990 which were The Dong - A daily news article about housing environment. The main content of this study was examined the change, such as the number of whole article by time series and importance of article(column number of article), classification of article subject, and the number of article by subject. On the basis of this data, was made by chronological classification of the change of housing environment problems for 70 years. Since overall results will become supply of right information about housing environment to fur peoples, will provide the oppronment that oneself ran participate the protection of housing environment, and further will take a part solution of housing environment problems.At the future, I am going to design deep analysis of article content by subject.

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A Study on Scientific Article Recommendation System with User Profile Applying TPIPF (TPIPF로 계산된 이용자프로파일을 적용한 논문추천시스템에 대한 연구)

  • Zhang, Lingling;Chang, Woo Kwon
    • Journal of the Korean Society for information Management
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    • v.33 no.1
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    • pp.317-336
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    • 2016
  • Nowadays users spend more time and effort to find what they want because of information overload. To solve the problem, scientific article recommendation system analyse users' needs and recommend them proper articles. However, most of the scientific article recommendation systems neglected the core part, user profile. Therefore, in this paper, instead of mean which applied in user profile in previous studies, New TPIPF (Topic Proportion-Inverse Paper Frequency) was applied to scientific article recommendation system. Moreover, the accuracy of two scientific article recommendation systems with above different methods was compared with experiments of public dataset from online reference manager, CiteULike. As a result, the proposed scientific article recommendation system with TPIPF was proven to be better.

Article Data Prefetching Policy using User Access Patterns in News-On-demand System (주문형 전자신문 시스템에서 사용자 접근패턴을 이용한 기사 프리패칭 기법)

  • Kim, Yeong-Ju;Choe, Tae-Uk
    • The Transactions of the Korea Information Processing Society
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    • v.6 no.5
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    • pp.1189-1202
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    • 1999
  • As compared with VOD data, NOD article data has the following characteristics: it is created at any time, has a short life cycle, is selected as not one article but several articles by a user, and has high access locality in time. Because of these intrinsic features, user access patterns of NOD article data are different from those of VOD. Thus, building NOD system using the existing techniques of VOD system leads to poor performance. In this paper, we analysis the log file of a currently running electronic newspaper, show that the popularity distribution of NOD articles is different from Zipf distribution of VOD data, and suggest a new popularity model of NOD article data MS-Zipf(Multi-Selection Zipf) distribution and its approximate solution. Also we present a life cycle model of NOD article data, which shows changes of popularity over time. Using this life cycle model, we develop LLBF (Largest Life-cycle Based Frequency) prefetching algorithm and analysis he performance by simulation. The developed LLBF algorithm supports the similar level in hit-ratio to the other prefetching algorithms such as LRU(Least Recently Used) etc, while decreasing the number of data replacement in article prefetching and reducing the overhead of the prefetching in system performance. Using the accurate user access patterns of NOD article data, we could analysis correctly the performance of NOD server system and develop the efficient policies in the implementation of NOD server system.

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A Study on the Draft and Issues for the Revision of UNCITRAL Arbitration Rules (UNCITRAL 중재규칙 개정안의 내용과 쟁점에 관한 연구)

  • Lee, Kang-Bin
    • Journal of Arbitration Studies
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    • v.17 no.2
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    • pp.43-70
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    • 2007
  • The purpose of this paper is to make research on the contents and discussions of the draft of revised UNCITRAL Arbitration Rules that have been discussed and considered by the Working Group. At its thirty-ninth session (New York, 19 June-7 July 2006), the Commission agreed that, in respect of future work of the Working Group, priority be given to a revision of the UNCITRAL Arbitration Rules (1976). At its forty-fifth session (Vienna, 11-15 September 2006), the Working Group undertook to identify areas where a revision of the UNCITRAL Arbitration Rules might be useful. At that session, it was considered that the focus of the revision should be on updating the Rules to meet changes that had taken place over the last thirty years in arbitral practice. The largely amended provisions of the draft of revised UNCITRAL Arbitration Rules are as follows : Notice of arbitration and response to the notice of arbitration (Article 3), Designating and appointing authorities (Article 4 bis), November of arbitrators (Article 5), Appointment of arbitrations (Article 6), Appointment of arbitrators in multi-party arbitration (Article 7 bis), Challenge of arbitrators (Article 9), Replacement of an arbitrator (Article 13), Pleas as to the jurisdiction of the arbitral tribunal (Article 21), Interim measures (Article 26), Form and effect of the award (Article 32), and Liability of arbitrators (Proposed additional provisions). There are some differences between the draft of revised UNCITRAL Arbitration Rules and the KCAB Arbitration Rules. In order to jnternationalize the Korea's commercial arbitration system, it is desirable that the main articles of the draft of revised UNCITRAL Arbitration Rules should be admitted to the KCAB Arbitration Rules. In conclusion, the Commission was generally of the view of any revision of the UNCITRAL Arbitration Rules should not alter the structure of the text, its spirit, its drafting style, and should respect the flexibility of the text rather than make it more complex. The Working Group agreed that harmonizing the provisions of the UNCITRAL Model Law should not be automatic but rather considered only where appropriate.

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