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2017年の日本国民法(債權法改)定で約款規制(定型約款)を規制
Koyama Akimoto 서강대학교 법학연구소 2019 서강법률논총 Vol.8 No.1
In this presentation, we will examine the contents of the regulation of terms and conditions in the Japanese Civil Code. First, Article 548-2 of the Civil Code stipulates the two requirements for the agreement of terms contracts in a special form. According to the above provision, if a person has agreed to the intent of the contents of formal terms and conditions (subparagraph 1) or if a 'formal terms and conditions preparer' has indicated the contractual contents of the contractual terms to the other party in advance (subparagraph 2), it is deemed that the counterparties of the formal terms and conditions reached an agreement to the individual clauses. In addition, pursuant to Article 548-3 (1) of the Civil Code of Japan, it is stipulated that, in the case where the other party makes a request, the preparer of the formal contract must present the contents of the formal contract, and there is no obligation to disclose. About this, from the viewpoint of consumer protection, it is desirable to make the principle of preliminary disclosure of the contents of the agreement and the requirements of the agreement of the counterparty customer in principle, and to revise the deemed provision to the presumed provision. There is criticism that it is necessary to recognize the right of withdrawal and cancellation from the contract according to the amendment of the terms and conditions. In addition, since the "unspecified majority" customers are almost consumers for the "regular transaction", the regulation concerning the formal terms and conditions is often overlapped with the discipline concerning the consumer transaction contract. Second, Paragraph 2 of Article 548-2 excludes the case of violation of the basic principle of the good faith in the light of the type of regular transaction, its conditions and the social common notion in transaction and unilaterally harming the other party's profits from the deemed agreement. The above provision stipulates that the binding of the parties to the provisions of the formal contract shall not be construed solely in terms of the contents of the provision, but that the other party shall not be bound by the fact that the other party does not clearly recognize the provision. 本発表文では, 日本民法改正に示された約款規制の内容を見てみよう. まず, 日本民法第548条の2は, 二つの定型約款の合意議題の要件を規定している. 上記の規定によれば, 定型取引合意をした者は, 定型約款を契約内容とした旨の合意をした場合(第1号), "定型約款準備者"が事前にその定型約款を契約内容とした趣旨を相手方に示した場合(第2号), 定型約款個別の条項に対しても合意したとみている. また, 日本 民法第548条の3第1項によれば, 相手方が請求した場合には, 定型約款の準備者は, 定型約款の内容を提示しなければならないとして請求がない限り, 約款内容の事前開示義務がないと規定している. これに対し, 消費者保護の観点からは, 約款内容の原則的な事前開示と相手方の顧客同意の要件を原則化し, 擬制規定を推定規定に改定することが望ましく, 約款変更によって相手方に契約で撤回権, 解約権を認めることが必要だという批判がある. また, "定型取引"については, "不特定多数"の顧客は, ほぼ消費者であるといえるため, 定型約款に関する規律は, 消費者取引約款に関する規律と重複するものが多い. 次に, 第548条の2第2項では, 定型取引の態樣とその実情及び取引上の社会通念に照 らして信義則の基本原則に違反し, 相手側の利益を一方的に害すると認められる場合は 合意議題から外しているところ, 上の条項は定型約款のうち, 条項に当事者拘束の可否 は当該条項の内容面で不当性だけを考えるのではなく, 相手が当該条項を明確に認識で きないことを追加して相手がこれに拘束されないものとしたものである.
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Copper Leaching Behavior from Waste Printed Circuit Board in Ammoniacal Alkaline Solution
Koyama, Kazuya,Tanaka, Mikiya,Lee, Jae-chun The Japan Institute of Metals 2006 Materials transactions Vol.47 No.7
<P>A novel energy-saving hydrometallurgical recovery process for copper from electronic scrap employing the Cu(I)-ammine complex has been presented on the basis of a thermodynamic consideration. In order to experimentally explore the feasibility of the leaching stage in this process, the copper leaching behavior from a printed circuit board (PCB) in ammoniacal alkaline solutions has been investigated under a nitrogen atmosphere. Copper in PCB was oxidized by Cu(II) to form Cu(I)-ammine complex ions. The leaching reaction can be expressed as: Cu+Cu(NH<SUB>3</SUB>)<SUB>4</SUB><SUP>2+</SUP>=2Cu(NH<SUB>3</SUB>)<SUB>2</SUB><SUP>+</SUP>. The Cu(II)-ammine complex significantly enhanced the leaching rate, while the Cu(I)-ammine complex slightly depressed it. Crushing of the PCB effectively enhanced the leaching rate, because the exposed metallic copper area is increased by the crushing. The effect of temperature on the leaching rate was insignificant. Consequently, the feasibility of the leaching stage in the proposed copper recovery process has been experimentally confirmed.</P>
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Koyama, Kohei,Kikuzawa, Kihachiro The Ecological Society of Korea 2010 Journal of Ecology and Environment Vol.33 No.3
It has been well established that leaf longevity is linked to the carbon economy of plants. We used this relationship to predict leaf lifetime carbon gains from leaf lifespan, and estimated the gross primary production (GPP) of a young deciduous forest of Japanese beech (Fagus crenata) located in central Japan. The light-saturated photosynthetic rates of the leaves were measured repeatedly during the growing season. We used the leaf lifespan to calculate the conversion coefficient from the light-saturated photosynthetic rate into the realized leaf lifetime carbon gain under field conditions. The leaf turnover rate was estimated using litter traps. GPP was estimated as the product of lifetime carbon gain per unit of leaf mass, and the annual leaf turnover rate. The GPP of the forest in 2007 was estimated to be $1.2{\times}10^3gCm^{-2}y^{-1}$, which was within the range of previously reported GPP values of beech forests in Japan, and was close to the GPP of a European beech forest, as estimated by eddy flux measurements.
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KIMONO (TRADITIONAL JAPANESE DRESS) AS LUXURY CLOTHING
Koyama Taro 글로벌지식마케팅경영학회 2014 Global Marketing Conference Vol.2014 No.7
Following the postwar trend toward wearing kimono, Japanese kimono shops and department stores became reluctant to carry the newer pr?t-?-porter kimono because of their low margins. As a result, the diffusion of kimono was obstructed. Therefore, kimono manufacturers should open their own retail shops as soon as possible.
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KIMONO (TRADITIONAL JAPANESE DRESS) AS LUXURY CLOTHING
Koyama Taro 글로벌지식마케팅경영학회 2014 Global Marketing Conference Vol.2014 No.5
Following the postwar trend toward wearing kimono, Japanese kimono shops and department stores became reluctant to carry the newer prêt-à-porter kimono because of their low margins. As a result, the diffusion of kimono was obstructed. Therefore, kimono manufacturers should open their own retail shops as soon as possible.
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Koyama, Kohei,Kihachiro Kikuzawa 한국생태학회 2008 Journal of Ecology and Environment Vol.31 No.3
We investigated the leaf demography of a temperate woody liana, Akebia trifoliata, in a temperate forest in Japan. Akebia is semi-evergreen: some leaves are shed before winter, while others remain through the winter. Previous studies of semi-evergreen species found that variation in leaf life span was caused by variation in the timing of leaf emergence. Leaves that appeared just before winter over-wintered, while leaves appearing earlier were shed. However, it is unclear whether leaves of the same cohort (i.e., leaves that appear at the same time within a single site) show variation in life span under the effect of strong seasonality. To separate variation in life span among the leaves in each cohort from variation among cohorts, we propose a new method - the single leaf diagram, which shows the emergence and death of each leaf. Using single leaf diagrams, our study revealed that Akebia leaves within a cohort showed substantial variation in life span, with some over-wintering and some not. In addition, leaves on small ramets in the understory showed great variation in life span, while leaves on large ramets, which typically reach higher positions in the forest canopy, have shorter lives. As a result, small ramets were semi-evergreen, whereas large ramets were deciduous. The longer lives of leaves on small ramets can be interpreted as a shade-adaptive strategy in understory plants. We investigated the leaf demography of a temperate woody liana, Akebia trifoliata, in a temperate forest in Japan. Akebia is semi-evergreen: some leaves are shed before winter, while others remain through the winter. Previous studies of semi-evergreen species found that variation in leaf life span was caused by variation in the timing of leaf emergence. Leaves that appeared just before winter over-wintered, while leaves appearing earlier were shed. However, it is unclear whether leaves of the same cohort (i.e., leaves that appear at the same time within a single site) show variation in life span under the effect of strong seasonality. To separate variation in life span among the leaves in each cohort from variation among cohorts, we propose a new method - the single leaf diagram, which shows the emergence and death of each leaf. Using single leaf diagrams, our study revealed that Akebia leaves within a cohort showed substantial variation in life span, with some over-wintering and some not. In addition, leaves on small ramets in the understory showed great variation in life span, while leaves on large ramets, which typically reach higher positions in the forest canopy, have shorter lives. As a result, small ramets were semi-evergreen, whereas large ramets were deciduous. The longer lives of leaves on small ramets can be interpreted as a shade-adaptive strategy in understory plants.
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