• PNF and Movement
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• 제1권1호
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• pp.11-18
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• 2003

Objectives: Few studies have reported on the flexibility of the hamstrings resulting from variable stretching method, and little studies of length adaptation at 1 day after intervention. Methods: Fifty-four healthy a woman in her twenties with no history of musculoskeletal or neurogenic disorder volunteered for this study. Subjects were randomly assigned to either a contract-relax group or a passive stretching group. Methods: Hamstring flexibility was measured with a sit and reach test(SRT) (RF-D18; SPC) before, immediatly after interventions, and 1 day after interventions. Results: Flexibility scores for participants in each of the groups significantly increased from pre-interventions to immediate and 1 day after interventions. However, the length of 1 day after interventions was shorter than immediate length after interventions. Difference in length between immediate and 1 day after interventions was some shorter in the contract-relax group versus the static group but, not significantly. Conclusions: The results of this study suggest that a contract-relax is an effective length adaptation of hamstring muscles by 1 day after intervention.

• 무역상무연구
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• 제57권
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• pp.3-34
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• 2013

In the international sales contract, long-term contracts often face hardship in fulfilling the original contract terms by relevant parties due to rapid change and uncertainty of political and economic circumstance. In this case, party who faces hardship of fulfillment terminates contract or demands adaptation to contract condition but if opponent doesn't accept this, it proceeds to commercial dispute needing legal interpretation. Generally it is wise to set forth governing law in contract between parties in the case of international contract, for legal stability. One of universal governing law which relevant parties select by agreement to solve economical hardship of fulfillment is PICC. PICC defines the hardship in detail for renegotiation on following hardship of fulfillment unexpected. In the case of failing renegotiation, Court(arbitral tribunal) conducts termination to contract or adaptation to contract condition through arbitration or mediation. In conclusion, when signing international long-term contract, it is desirous to handle dispute effectively by inserting provisions which can deal with economical hardship in contract or defining PICC as governing law in the case of hardship incurred. It is because it is realistic to handle dispute smoothly to the extent that both parties can be satisfied in the case of hardship incurred, though international contract should be fulfilled.

• 무역학회지
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• 제45권5호
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• pp.117-139
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• 2020

In case of international long-term transactions, there are various risks of economic change of circumstances including skyrocketing price increase and shortage of raw material, as well as force majeure in a general sense. Nevertheless, pretty many of international long-term commercial contracts do not include the provisions of renegotiation and adaptation of the contract. In this case, possibility of renegotiation and adaptation depends mainly on the applicable law. Namely, it may be possible or not, according to choice of law. The reason is that national laws have nuances each other, and most of national courts are traditionally reluctant to accept hardship. and also, provisions of international uniform law (CISG) has ambiguity and inflexibility in relation to the problems of change of circumstances. Accordingly, this paper analyzes comparatively the doctrines and provisions related to renegotiation and adaptation of contracts of the most representative countries such as England, U.S.A., France, Germany as well as provisions CISG and soft law such as PICC. By doing so, the author makes clear which laws of instruments is more flexible or acceptable in allowing renegotiation and adaptation of long-term commercial contracts, and emphasizes on the importance of inclusion of express terms by using other alternative supplementing clauses, as a best solution for settling the problems of legal uncertainty of contract in relation to renegotiation and adaptation.

• 무역상무연구
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• 제44권
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• pp.57-84
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• 2009

This Study attempts to compare and analyze on Principle of Change Circumstances under th CISG, PICC and PECL which are covered international commercial contract. In many international commercial contract, time is very important because delays in performance are sanctioned heavily by substantial penalty clauses. When change in circumstances affects contract performance, the contract will often not be suspended or terminated. Therefore, principle of change circumstances is being prepared of fluidity of contract environment and its effect in general. Taking into consideration the problems relating to the renegotiation or adaptation in the cases of radical change of circumstances where the CISG applies, it is suggested that the contracting parties should make clear their intentions, that is, whether they will provide for the possibility of renegotiation where the price of goods has been altered by inserting a hardship clause or for the possibility of mutual discharge from liability in the cases of economic impossibility or hardship by inserting a force majeure clause. Such provision will be desirable especially in situations where there is a long term contract, the price of goods sold tends to fluctuate in the international commerce, or where especially in contracts subjected to arbitration, the parties subject their contract to legal sources or principles of supranational character. Therefore, this study has shown that the hardship provisions in the CISG, PICC and PECL has similarities to each a validity defense and an excuse defense. it was provisions that CISG governs this issue in Article 79, PICC Article 6.2.1, 6.2.2, 6.2.3 and PECL Article 6.111.

• 무역상무연구
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• 제13권
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• pp.257-281
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• 2000

The world economy is becoming increasingly globalized. The globalization has resulted in far reaching agreements to deepen trade liberalization and enlarge its scope to cover new areas in addition to strengthening its supporting institutional base. Economic growth has developed international trade which has accelerated the development of international carriage of goods in 21st century. The international trade is basically founded on the contract of international sale of goods and backed up by the contract of international carriage of goods and the insurance on the goods carried. It is essential to incorporate each other sections for the efficient development of international trade. As a result of rapid expansion of international carriage of goods, rationalization of transport was required, which has brought about the International Multimodal Transport System through containerization. The approach to liability system will be a right way to solve the insurance problems for the development and enlargement of world trade volume. International multimodal transport system has affected international trade a lot, especially the field of insurance a grate deal. This paper is to analyze contents of liability system on Multimodal Transport with in the UN Convention on International Multimodal Transport of goods.

• 한국IT서비스학회지
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• 제10권4호
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• pp.281-293
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• 2011

Server consolidation and virtualization have become an integral part of IT planning to reduce TCO cost and ensure the high availability for customer, enlarge the flexibility to computing resource in today' enterprise data centers. In spite of having the variety advantages of server consolidation and virtualization, they cause many problems such as the software licensing issues, virtual server sprawl, network complexity issues, hardware start-up costs, and failover costs. In particular, software licensing problem brings about the serious results in operating of data center and also presents a significant challenge to virtualization because many vendors have realized that licensing policies applicable to physical systems are not compatible with virtual machines. So, the IT planers must be considering this problem before they conducts the server consolidation and virtualization. In this paper, we proposed the efficiency strategy of SW licensing for server consolidation and virtualization analyzing the N-Datacenter case in Korea. As a result, we suggest the two strategies as technical and management/contract aspect. First, as the technical aspect, we propose i) the adaptation of suitable licensing for virtualization, ii) differentiation of license according to the characteristics of server, iii) the core distribution of licenses to minimizing. Second, as the management/contract aspect, we suggest following three things. i) The existing license agreement is changed to the right licensing for virtualization. ii) The license agreement is contracts the active focused. iii) When a new contract should be added to virtualization provisions.

• 한국중재학회지:중재연구
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• 제24권3호
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• pp.33-46
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• 2014

Amiable composition is a means of dispute resolution based on the arbitrator's authority to base his decision on equity. Although this method has been used frequently in the last decades of the 20th Century, the number of the published awards by amiable compositeur arbitrators is getting lower and lower. The reason(s) for unpopularity of amiable composition should be sought in its very nature, in its relationships with other institutions such as arbitration in law, equity, ex aequo et bono arbitration, other means of dispute resolution and in its role in the development of the rules specific to international commerce. A brief look at the history of law shows that the concept of equity comes to the scene every time that the rigidity of the rules of law challenges the justice. This has been the case in the 20th Century with respect to international commercial law which was deprived of specific rules. The role of amiable composition has been to contribute to the development of the rules specific to international commerce. The progressive codification of such rules in the last decades is also owed to amiable composition, which has accomplished its mission in the evolution of these rules.

• Safety and Health at Work
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• 제4권1호
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• pp.37-45
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• 2013

Objectives: As quality of work-life (QWL) among nurses affects both patient care and institutional standards, assessment regarding QWL for the profession is important. Work-related Quality of Life Scale (WRQOLS) is a reliable QWL assessment tool for the nursing profession. To develop a Chinese version of the WRQOLS-2 and to examine its psychometric properties as an instrument to assess QWL for the nursing profession in China. Methods: Forward and back translating procedures were used to develop the Chinese version of WRQOLS-2. Six nursing experts participated in content validity evaluation and 352 registered nurses (RNs) participated in the tests. After a two-week interval, 70 of the RNs were retested. Structural validity was examined by principal components analysis and the Cronbach's alphas calculated. The respective independent sample t-test and intra-class correlation coefficient were used to analyze known-group validity and test-retest reliability. Results: One item was rephrased for adaptation to Chinese organizational cultures. The content validity index of the scale was 0.98. Principal components analysis resulted in a seven-factor model, accounting for 62% of total variance, with Cronbach's alphas for subscales ranging from 0.71 to 0.88. Known-group validity was established in the assessment results of the participants in permanent employment vs. contract employment (t = 2.895, p < 0.01). Good test-retest reliability was observed (r = 0.88, p < 0.01). Conclusion: The translated Chinese version of the WRQOLS-2 has sufficient validity and reliability so that it can be used to evaluate the QWL among nurses in mainland China.

• 한국콘텐츠학회논문지
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• 제11권5호
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• pp.317-327
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• 2011

이 논문에서는 세계화를 통하여 한국에서 급속하게 증가하는 여성결혼이민에 따른 다문화가족이 직면하고 있는 위장.계약결혼, 그리고 잦은 이혼, 특히 농촌 여성결혼이민자들이 겪고 있는 문화차이에 따른 부부갈등, 부부간의 폭력과 학대 등 인종, 계층, 지역을 떠나 인류의 보편적 가치에 반하는 현실적인 인권문제를 어떻게 효과적으로 보장하고, 그들이 우리사회의 일원으로 쉽게 적응할 수 있도록 법제도적인 관점에서 살펴보았다. 이 논문은 결혼이민자의 가정을 위기의 상태로 계속 방치할 경우 막대한 사회적 비용과 함께 향후 사회통합에 심각한 장애로 대두될 것임은 명확 관화한 일이기에, 다문화사회라고 하는 현실에 대처하는 각국의 입법례에 관하여 연구 검토하고, 민주 인권 평화의 도시를 표방하면서 유엔인권도시를 역점사업으로 추진하고 있는 광주광역시에서의 결혼이주여성 실태조사를 통해 기존의 통계자료와 비교해 보면서 한국의 <다문화가족지원법>의 문제점과 <결혼 중개업의 관리에 관한 법률> 및 <국적법>에 대한 개선방안을 제시하고 있다.

• 한국교육학연구
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• 제18권3호
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• pp.157-182
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• 2012

이 연구는 2006년 이후 급속하게 전개되어 온 한국사회 이주배경 아동 청소년 정책의 가시적. 비가시적 아젠다를 비판적으로 분석하여 새로운 정책 패러다임을 모색하려는 목적에서 이루어졌다. 그동안 다양한 차원에서 이루어져 온 이주배경 아동 청소년 정책은 한국사회의 변화를 촉발시키며 다문화사회의 저변을 구축하는 긍정적인 기능을 수행해왔다. 그럼에도 불구하고, 이주배경 아동 청소년에 대한 낙인과 부정적인 이미지의 확산 등 정책의 역효과 문제, 이들에 대한 집중지원으로 인한 일반 소외계층 아동 청소년에 대한 역차별 문제 등으로 많은 비판의 대상이 되어 왔다. 이 연구는 이러한 현실을 염두에 두고 성장기인 이주배경 아동 청소년에 직접적인 영향을 미치는 가족과 교육 정책 아젠다를 분석하여 그 의의와 한계 그리고 시사점과 향후 방향성을 제시하였다.