• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.23
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• pp.71-91
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• 2004

The purpose of this paper is to examine the effects and problems of acceptance with modifications according to CISG Art. 19, comparing with UCC ${\S}2-207$. First of all this author raised two legal issues encountered when there is an acceptance with modifications. Scenario one is as follows : "Before either party has taken further action, there is a rise or a fall in the price of goods, was there a binding contract ?" The UCC rules provide for a contract if a purchaser sends out a purchase order and the seller sends back a sales acknowledgement form, and the items on the front(the price, description, and quantity) match up. The CISG on the other hand, is that most of the terms and conditions on the backs of the forms are important. Therefore, if they are different, there should not be a contract. Scenario two is as follows : "There has been performance, A disputes arises. What terms and conditions apply ?" The CISG and the UCC will probably lead to different results in the event the parties exchange conflicting forms and subsequently perform. Assuming that the offeree's reply contains terms that are materially different from the offer, the UCC provides that the resulting contract will include only those terms on which the writings of the parties agree, excluding conflicting terms. The CISG treats the material additions as a counter-offer and, in accordance with Art. 18, the offeree's performance may be regarded as an acceptance of a contract containing all of the offeror's terms ; or the offeror's performance may be regarded as an acceptance of a contract containing all of the offeree's terms. Second, this author raised three problems in the Art. 19 as follows ; 1) It is very difficult in practical application to decide what is material alterations even if the CISG lists material terms as an example. 2) There is a possibility for the offeror to speculate in the circumstance of market fluctuation as he has a change to object to the discrepancy in the offeree's reply. 3) There is also a possibility of inducement for the offeror or the offeree to send its own reply as a last shot.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.9
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• pp.137-152
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• 1996

• Journal of Arbitration Studies
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• v.24 no.4
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• pp.127-145
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• 2014

The wording of Article 18 shows that a statement made by or other conduct of the offeree indicating assent to an offer is an acceptance. Meanwhile, Article 19 states that this reply with different terms is a rejection of the offer and constitutes a counteroffer. For example, additional or different terms relating, among other things, to the price, payment, quality and quantity of the goods, place and time of delivery, extent of one party's liability to the other, or the settlement of disputes are considered to alter the terms of the offer materially. However, this reply with different terms which do not materially alter the terms of the offer constitutes an acceptance unless the offer or, without undue delay, objects orally to the discrepancy or dispatches a notice to that effect. As a result, the acceptance depends on whether different terms are material or not. CIETEC holds that the deletion of contract violation liability clause is not equal to an alteration to the extent of one party's liability to the other as stipulated in Article 19(3) of the CISG. In addition, CIETAC recognizes that one party had orally accepted the modifications made to the sales confirmation, with even China declaring against an oral contract. Lastly, CIETAC holds that the sales confirmation has been established when both parties signed on the sales confirmation instead of the acceptance being effective. Korean companies should, thus, note these issues when they solve disputes at CIETAC.

• Nuclear Engineering and Technology
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• v.55 no.3
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• pp.870-875
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• 2023

In this paper, we analyzed the revised guidance on electromagnetic (EM) interference qualification of Regulatory Guide 1.180 (Revision 2), which is published by the U.S. Nuclear Regulatory Commission for electromagnetic compatibility qualification for nuclear safety, by comparing it with that of the previous version. We confirmed that the test methods and the acceptance criteria of both CE101 and CE102 tests for conductive emission and RE102 test for radiating emission are changed in the recently revised Regulatory Guide 1.180 (Revision 2). Furthermore, we found that the revised Regulatory Guide 1.180 provides flexibility in the use of alternative methods for EM interference (EMI) qualification, in that a mix of the various base-standards is technically allowed. In addition, the primary revision of the updated Regulatory. Guide 1.180 is that MIL-STD-461G is to be adopted as the latest base-standard, instead of MIL-STD-461E. To evaluate the influence on EMI qualification for nuclear safety due to the endorsement of MIL-STD-461G, we thoroughly analyzed the modifications in the acceptance criteria and test methods for EMI qualification, and then validated the analyzed effect on the EMI qualification, which is caused by the revision of MIL-STD-461, by performing electromagnetic simulation for equipment under RE102 test.

• Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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• 2006.05a
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• pp.187-192
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• 2006

Helicopter noise has been considered as one of major design factors like a performance and safety since the public acceptance, comfortability and stealth aspects were important for customers. According to the airworthiness regulation, the noise levels in throe different flight conditions shall comply with the specific limits. Main and tail rotors noise is most dominant in far field due to the low and mid range frequency characteristics. It is an air-born noise so That the accurate aerodynamic data is necessary for the accurate noise prediction. In KARI, low noise main and tail rotors as well as analysis codes have been developed since 2000. The approach for low noise main rotor is a kind of tip modifications, so called twin vortices tip to reduce the BVI noise. Analysis results show the 9.3dB reduction in terms of pseudo EPNL. The uneven spacing concept is applied for low noise tail rotor. Three or four decibel noise reduction is achieved by new optimized uneven spacing. Rotor noise and aerodynamic prediction codes have been improved also.

• Journal of the Korean Society of Laryngology, Phoniatrics and Logopedics
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• v.12 no.2
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• pp.152-157
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• 2001

Background : Electrolarynx, Esophageal voice, and Silicone voice prosthesis with tracheoesophageal(T-E) fistula have been used as vocal rehabilitating methods for the post-laryngectomized patients. Prosthetic rehabilitation of voice after total laryngectomy has gained wide acceptance and has become a common practice in many clinics since the pioneering works of Singer and Blom In 1979. Since the introduction of tracheo-esophageal puncture and application of Blom Singer$\circledR$ voice prosthesis in 1980, several reliable voice prostheses have been developed and are successfully being used. Objectives : Even though quality of voice produced by Silicone voice prosthesis with T-E fistula is superior to other modalities, it still has some disadvantages. We devised a new cannulatyped silicone voice prosthesis. Methods : 1) Devising a new prototype of cannula-typed silicone voice prosthesis. 2) Application of the prototype using canine animal model(laryngectormized dog) and fitting trial on human patient whose previously inserted Silicone voice prosthesis is not functioning due to presumed fungal infection. Discussion : Final form of prototype was made after several times of major and minor modifications. Insertion of the newly developed Cannula-typed Silicone voice prosthesis on canine animal model and human trial were done without any difficulty. There were no serious leakage of saliva or food during swallowing. Conclusion : The newly developed Cannula-typed Silicone voice prosthesis(So-Mang$\circledR$) and the modified replacement method will further improve the results of post-laryngectomized prosthetic voice rehabilitation. Long-term animal study and human trial are planned in the near future.

• Structural Engineering and Mechanics
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• v.86 no.3
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• pp.337-348
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• 2023

The optimization of reinforced concrete (RC) cantilever retaining walls is a complex problem and requires the use of advanced techniques like metaheuristic algorithms. For this purpose, an optimization model must first be developed, which involves mathematical complications, multidisciplinary knowledge, and programming skills. This task has proven to be too arduous and has halted the mainstream acceptance of optimization. Therefore, it is necessary to unravel the complications of optimization into an easily applicable form. Currently, the most commonly used method for designing retaining walls is by following the proportioning limits provided by the ACI handbook. However, these limits, derived manually, are not verified by any optimization technique. There is a need to validate or modify these limits, using optimization algorithms to consider them as optimal limits. Therefore, this study aims to propose updated proportioning limits for the economical design of a RC cantilever retaining wall through a comprehensive parametric investigation using the genetic algorithm (GA). Multiple simulations are run to examine various design parameters, and trends are drawn to determine effective ranges. The optimal limits are derived for 5 geometric and 3 reinforcement variables and validated by comparison with their predecessor, ACI's preliminary proportioning limits. The results indicate close proximity between the optimized and code-provided ranges; however, the use of optimal limits can lead to additional cost optimization. Modifications to achieve further optimization are also discussed. Besides the geometric variables, other design parameters not covered by the ACI building code, like reinforcement ratios, bar diameters, and material strengths, and their effects on cost optimization, are also discussed. The findings of this investigation can be used by experienced engineers to refine their designs, without delving into the complexities of optimization.

• Asian Pacific Journal of Cancer Prevention
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• v.16 no.18
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• pp.8573-8578
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• 2016

Background: This study was guided by principles of the theoretical system of evidence-based medicine. In particular, when searching for evidence of breast cancer, a measuring scale is an instrument for evaluating curative effects in accordance with the laws and characteristics of medicine and exploring the establishment of a system for medically assessing curative effects. At present, there exist few tools for evaluating curative effects. Patient-reported outcomes (PROs) refer to outcomes directly reported by patients (without input or explanations from doctors or other intermediaries) with respect to all aspects of their health. Data obtained from PROs provide evidence of treatment effects. Materials and Methods: In accordance with the tenets of theoretical medicine and ancient medical theory regarding breast cancer, principles for developing a PRO scale were established, and a theoretical model was developed and a literature review was performed, items from this pool were combined and split, and an initial scale was constructed. After a pilot survey and additional modifications, a pre-questionnaire scale was formed and used in a field investigation. After the application of statistical methods, the item pool was used to create a formal scale. The reliability, validity and feasibility of this formal scale were then assessed. Results: In a clinical investigation, 479 responses were recovered, with an acceptance rate of 95%. a combination of various methods was employed, and the items that were selected by all methods or more than half of the methods were employed in the questionnaire. In these cases, the screening methods were combined with certain features of the item, A total of four domains and 38 items were reserved. The reliability analysis indicated that the PRO scale was relatively reliable. Conclusions: Scientific assessment proved that the proposed scale exhibited good reliability and validity. This scale was readily accepted and could be used to assess the curative effects of medical therapy. However, given the limited scope of this investigation, the capacity for adapting this scale to incorporate other theories could not be determined.

• Journal of Korean Society of Transportation
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• v.28 no.3
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• pp.85-98
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• 2010

As transit networks are becoming more multimodal, the concept of connectivity of transit networks becomes important. This study aims to develop a quantitative model for measuring the connectivity of multimodal transit networks. To that end, we select, as evaluation measures of a transit line, its length, capacity, and speed. We then define the connecting power of a transit line as the product of those measures. The degree centrality of a node, which is a widely used centrality measure in social network analysis, is employed with appropriate modifications suited for transit networks. Using the degree centrality of a transit stop and the connecting powers of transit lines serving the transit stop, we develop an index quantifying the level of connectivity of the transit stop. From the connectivity indexes of transit stops, we derive the connectivity index of a transit line as well as an area of a multimodal transit network. In addition, we present a method to evaluate the connectivity of a transfer center using the connectivity indexes of transit stops and passenger acceptance rate functions. A case study shows that the connectivity evaluation model developed in this study takes well into consideration characteristics of multimodal transit networks, adequately measures the connectivity of transit stops, lines, and areas, and furthermore can be used in determining the level of service of transfer centers.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.3-29
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• 2008

The volume of air passengers and cargo transportation has increased rapidly in recent years. This trend will be even more noticeable as the high-tech service industry expands and the globalization progresses. In an effort to reflect and to cope with this trend, many conventions concerning international air transportation have been concluded. The Republic of Korea has also acceded to the Montreal Convention of 1999 on September 20th, 2007 which became effective on December 29th 2007. However, Korea currently does not provide any private law on the liability of domestic air carrier, leaving the regulation wholly to the general conditions of carriage of private air lines. These general conditions of carriage, however, are not sufficient to regulate the liabilities of domestic air carriers, because they cannot be fully recognized as a legitimate source of law applicable in the court. This situation is inconvenient for both air carrier and their customers. Thus, the Ministry of Justice of Korea has decided to enact a law that will regulate domestic air transportation, namely, "Domestic Carriage by Air Act", as a part of the Korean Commercial Code. So was composed a special committee for legislation of the Domestic Carriage by Air Act. This writer has led the committee as a chairman. The committee has held in total 10 meetings so far and has completed a draft bill for the part VI of the Korean Commercial Code, "Air Carriage." The essentials of the draft are as follows: First, the establishment of Part VI in the Commercial Code. The Korean Commercial Code already includes a series of provisions on road transportation in part II and carriage by sea in part V. In addition to these rules regulating different types of transportation, the Domestic Carriage by Air Act will newly establish part VI to regulate air carriages. Eventually, the Commercial Code will provide an integrated legal system on the transportation industry. Second, the acceptance of the basic liability system which major international conventions, such as Montreal Convention of 1999 and Guadalajara Convention of 1961, have adopted. This is very important, because the law of air carriage is unified worldwide through various international conventions, making it necessary and significant for the new act to achieve conformity between rules of international air carriage and that of domestic air carriage. Third, the acceptance of Rome Convention system on damage caused by foreign aircraft to third parties on the surface. Fourth, the application of rules on domestic road carriage or carriage by sea mutatis mutandis with necessary modifications. This very point is the merit of inserting domestic air transportation law into the Commercial Code. By doing so, the number of articles can be reduced and the rules on air carriage can conform to that of road transportation and carriage by sea. The bill is expected to be passed by the parliament at the end of this year and is expected to be effective by end of July 2009.