• 제목/요약/키워드: Agreement

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중재협정을 통한 상사분쟁의 해결촉진 (Settlement Promotion of Commercial Disputes through the Arbitration Agreement)

  • 김상호
    • 한국중재학회지:중재연구
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    • 제20권2호
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    • pp.27-47
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    • 2010
  • It is well recognized that the availability of prompt, effective and economical means of dispute resolution is an important element in the orderly growth and encouragement of international trade and investment. Increasingly, arbitration, instead of litigation in national courts, has become the preferred means of resolving private international commercial disputes. Under the situation, it will be important thing for arbitral institutions to reach an agreement to promote the dispute settlement of the commercial disputes, for which efforts have been made between the Korean Commercial Arbitral Board(KCAB) and principal arbitration institutions of the foreign countries. Since 1973, the KCAB has entered into many arbitration agreements with well-known foreign institutions of arbitration. If the place of arbitration is not so designated by the parties, it, as a general rule, shall be the country of the respondent(s) under the Korea-Japanese Arbitration Agreement. On the other hand, the U.S.-Korean Commercial Arbitration Agreement maintains 'Joint Arbitration Committee which finally decide the place of arbitration. In 1996, the Korea-Austria Agreement of Cooperation was concluded for the prompt and equitable settlement on an amicable basis of commercial disputes. Under this Agreement, arbitral institutions between Korea and Austria agreed to act as an appointing authority in accordance with the UNCITRAL Arbitration Rules. It is also very important for Korea and China including North Korea to cooperate each other for the settlement of the commercial disputes within the Pan Yellow Sea Economic Bloc(PYSEB). The PYSEB is quickly becoming a distinctive and crucial region in the world sharing geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Finally, it should be considered to establish a central common system for settlement promotion of the commercial disputes within the PYSEB through the arbitration agreement. Such a dispute resolution system was already introduced and established within the area of the NAFTA, and it is called the Commercial Arbitration and Mediation Center for the Americas(CAMCA).

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Comparison of Mammography in Combination with Breast Ultrasonography Versus Mammography Alone for Breast Cancer Screening in Asymptomatic Women

  • Boonlikit, Sarawan
    • Asian Pacific Journal of Cancer Prevention
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    • 제14권12호
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    • pp.7731-7736
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    • 2013
  • Aim: To compare the agreement of screening breast mammography plus ultrasound and reviewed mammography alone in asymptomatic women. Materials and Methods: All breast imaging data were obtained for women who presented for routine medical checkup at National Cancer Institute (NCI), Thailand from January 2010 to June 2013. A radiologist performed masked interpretations of selected mammographic images retrieved from the computer imaging database. Previous mammography, ultrasound reports and clinical data were blinded before film re-interpretation. Kappa values were calculated to assess the agreement between BIRADS assessment category and BIRADS classification of density obtained from the mammography with ultrasound in imaging database and reviewed mammography alone. Results: Regarding BIRADS assessment category, concordance between the two interpretations were good. Observed agreement was 96.1%. There was moderate agreement in which the Kappa value was 0.58% (95%CI; 0.45, 0.87). The agreement of BI-RADS classification of density was substantial, with a Kappa value of 0.60 (95%CI; 0.54, 0.66). Different results were obtained when a subgroup of patients aged ${\geq}60$ years were analyzed. In women in this group, observed agreement was 97.6%. There was also substantial agreement in which the Kappa value was 0.74% (95%CI; 0.49, 0.98). Conclusions: The present study revealed that concordance between mammography plus ultrasound and reviewed mammography alone in asymptomatic women is good. However, there is just moderate agreement which can be enhanced if age-targeted breast imaging is performed. Substantial agreement can be achieved in women aged ${\geq}60$. Adjunctive breast ultrasound is less important in women in this group.

Agreement of Iranian Breast Cancer Data and Relationships with Measuring Quality of Care in a 5-year Period (2006-2011)

  • Keshtkaran, Ali;Sharifian, Roxana;Barzegari, Saeed;Talei, Abdolrasoul;Tahmasebi, Seddigheh
    • Asian Pacific Journal of Cancer Prevention
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    • 제14권3호
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    • pp.2107-2111
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    • 2013
  • Objectives: To investigate data agreement of cancer registries and medical records as well as the quality of care and assess their relationship in a 5-year period from 2006 to 2011. Methods: The present cross-sectional, descriptive-analytical study was conducted on 443 cases summarized through census and using a checklist. Data agreement of Nemazi hospital-based cancer registry and the breast cancer prevention center was analyzed according to their corresponding medical records through adjusted and unadjusted Kappa. The process of care quality was also computed and the relationship with data agreement was investigated through chi-square test. Results: Agreement of surgery, radiotherapy, and chemotherapy data between Nemazi hospital-based cancer registry and medical records was 62.9%, 78.5%, and 81%, respectively, while the figures were 93.2%, 87.9%, and 90.8%, respectively, between breast cancer prevention center and medical records. Moreover, quality of mastectomy, lumpectomy, radiotherapy, and chemotherapy services assessed in Nemazi hospital-based cancer registry was 12.6%, 21.2%, 35.2%, and 15.1% different from the corresponding medical records. On the other hand, 7.4%, 1.4%, 22.5%, and 9.6% differences were observed between the quality of the above-mentioned services assessed in the breast cancer prevention center and the corresponding medical records. A significant relationship was found between data agreement and quality assessment. Conclusion: Although the results showed good data agreement, more agreement regarding the cancer stage data elements and the type of the received treatment is required to better assess cancer care quality. Therefore, more structured medical records and stronger cancer registry systems are recommended.

중재합의(仲裁合意)의 성립(成立) 내지 효력(效力)에 관한 준거법(準據法) (The Applicable Law to the Existence and Effect of the Arbitration Agreement)

  • 강수미
    • 한국중재학회지:중재연구
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    • 제16권2호
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    • pp.89-120
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    • 2006
  • If the existence and effect of the arbitration agreement becomes an issue in international business transactions, it is the key point how we shall determine the applicable law by national rules for the conflict of laws, or by other methods. The argument in determination of the applicable law to the existence and effect of the arbitration agreement is related to regal nature of the arbitration agreement. As there are foreign factors in international arbitration, therefore we must consider such an aspect. Besides, we have to examine whether the general theory of contract is universally applicable to the arbitration agreement. Currently, it is the general trend that the party's autonomy principle is applicable in determining the applicable law for the arbitration agreement. However, it is a difficult problem to recognize the applicable law chosen by the parties, whether it is based on any regal standard(for example New York Convention or the private international law or the essential quality of the arbitration agreement). In the light of the actual transactions, when the parties don't make a choice of the applicable law expressly, it will finally come down to presuming the party's implied intent. Nevertheless, finding the implied intent is a difficult problem. Some argue that we shall presume the choice of applicable law by an objective standard such as a place of arbitration, to prevent too much expansion of the scope of the recognition. But we need to review that this interpretation harmonizes with the principle of party autonomy. Especially, if we desire to detect the vital point where it is most closely linked to the arbitration agreement, we have to inquire how we will decide such a relation by means of any standard. However, as the existing Arbitration Act doesn't offer the solution to these issues, therefore we have to settle these problems through the development of adjudications and theories.

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1965년 한(韓)-일(日)어업협정(漁業協定)의 법적(法的)·역사적(歷史的) 검토(評價) (Legal and Historical Evaluation on the Korea-Japan Fisheries Agreement of 1965)

  • 최종화
    • 수산해양교육연구
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    • 제11권2호
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    • pp.150-183
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    • 1999
  • Korea-Japan Fisheries Agreement concluded in 1965 made a contribution to the stable development of fisheries relationship for both countries until the year of 1980. From the time on thereafter a series of respectable fishery disputes occurred throughout the period of fisheries self-regulation in accordance with alteration of home and abroad conditions. And both countries marched into a cooperation era by enforcement of the new fisheries agreement from the 23 January 1999, because the Fisheries Agreement system of 1965 had many limitations to settle the fundamental fisheries problems. In this paper, the author carried out the legal interpretation, arrangement of historical facts and evaluation of actual results of the Korea-Japan Fisheries Agreement of 1965. The key contents of the Fisheries Agreement were the establishment of 12-nautical mile exclusive fishery zone and the joint-control fishery zone under the principles of maintenance of MSY for fishery resources, freedom of high seas and mutual cooperation. The legal foundation of the conclusion of the Fisheries Agreement were the San Francisco Peace Treaty of 1952 and the four International Conventions on the Law of the Sea of 1958. During the 33 years, the fisheries power of Korea made a rapid stride, on the other hand that of Japan was almost stagnated. And in the meantime, there were very important development on the international law of the sea, for instant, the settlement of 12-nautical mile territorial sea regime and the establishment of 200-nautical mile exclusive economic zone regime. Annual meetings of the Joint Fisheries Committee were not successful to fill the role for conservation of fishery resources. The Fisheries Self-Regulation Agreement concluded in 1980 was also insufficient to accept the new international regime on the law of the sea, for that reason it was terminated on 23 January 1999. But it is true that the Fisheries Agreement of 1965 made a contribution to normalization of fisheries relationship between both countries and fisheries development of Korea.

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비내시경 활용 비염 변증 지표의 평가자 간 신뢰도 연구 (Inter-rater Reliability Study on Pattern Identification Using Nasal Endoscopy for Rhinitis)

  • 민경진;손미주;김영은;김정훈;이동효
    • 한방안이비인후피부과학회지
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    • 제30권4호
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    • pp.97-103
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    • 2017
  • Objectives : To identify whether pattern identification using nasal endoscopy for rhinitis can be applied as a tool for evaluating rhinitis in routine care setting, we performed a inter-rater reliability study on this pattern identification. Methods : Two Korean medicine doctors assessed 290 left/right nasal endoscopy photograph cases of rhinitis patients with pattern identification using nasal endoscopy. This pattern identification consist of four assessment items, nasal membrane color(pale/hyperemia), nasal membrane humidity(dryness/dampness), rhinorrhea(watery/yellow), and turbinate membrane edema(atrophic/edematous). Cohen's kappa statistic and Percentage agreement were used to evaluate the inter-rater reliability. Results : Inter-rater percentage agreement and Kappa coefficient for left nasal endoscopy photograph cases was from 'slight' to 'moderate'(% agreement: 40.00-67.59%/Kappa: 0.06-0.407). Only the agreement of 'rhinorrhea (watery/yellow)' item was moderate(% agreement: 67.59%/Kappa: 0.407). Inter-rater percentage agreement and Kappa coefficient for right nasal endoscopy photograph cases was also from 'slight' to 'moderate'(% agreement: 42.41-68.97%/Kappa: 0.109-0.465). Only the agreement of 'rhinorrhea(watery/yellow)' item was moderate(% agreement: 68.97%/Kappa: 0.465). Conclusions : It is necessary to resolve problems such as cut-off value setting, bipolar evaluation values(pale/hyperemia, dryness/dampness, watery/yellow, atrophic/edematous) and weighting items. Further rigorous studies that overcome the limitations of the current research are warranted.

A Provable One-way Authentication Key Agreement Scheme with User Anonymity for Multi-server Environment

  • Zhu, Hongfeng
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • 제9권2호
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    • pp.811-829
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    • 2015
  • One-way authenticated key agreement protocols, aiming at solving the problems to establish secure communications over public insecure networks, can achieve one-way authentication of communicating entities for giving a specific user strong anonymity and confidentiality of transmitted data. Public Key Infrastructure can design one-way authenticated key agreement protocols, but it will consume a large amount of computation. Because one-way authenticated key agreement protocols mainly concern on authentication and key agreement, we adopt multi-server architecture to realize these goals. About multi-server architecture, which allow the user to register at the registration center (RC) once and can access all the permitted services provided by the eligible servers. The combination of above-mentioned ideas can lead to a high-practical scheme in the universal client/server architecture. Based on these motivations, the paper firstly proposed a new one-way authenticated key agreement scheme based on multi-server architecture. Compared with the related literatures recently, our proposed scheme can not only own high efficiency and unique functionality, but is also robust to various attacks and achieves perfect forward secrecy. Finally, we give the security proof and the efficiency analysis of our proposed scheme.

소비자 중재합의의 유효성 - 미국판례를 중심으로 - (The Validity of Consumer Arbitration Agreement - Focusing on U.S. Cases -)

  • 박은옥
    • 무역상무연구
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    • 제77권
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    • pp.43-67
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    • 2018
  • Arbitration is one of alternative dispute resolution systems which settle a dispute by arbitrators(private persons) based on a contract between contracting parties without a judicial litigation system involved. As a valid arbitration agreement is an essential requirement for commencement of arbitration, the first thing to be determined is whether there is a valid arbitration agreement or not when a dispute is submitted. A consumer arbitration agreement usually exists as an arbitration clause in an adhesive contract between consumers and a seller. When consumers buy a product from a seller, they are requested to agree on a general terms and conditions which are unilaterally drafted by a seller in advance. These terms and conditions are not negotiable because it is an adhesive contract and consumers are placed in "take-it-or-leave-it" position. Therefore, even though there is an arbitration agreement between consumers and a seller, it has to be carefully considered whether it has a legal effect or not. In this respect, a court will examine if an arbitration agreement has procedural unconscionability and substantive unconscionability. Therefore, as U.S is a well-advanced and arbitration-friendly country, this paper analyzes four U.S cases to find out (i) what a court considers, (ii) how a court examines and interprets procedural and substantive unconscionability and (iii) if there has been a change in regard to a court's decision. By doing so, it will provide some suggestions and guidelines for a consumer arbitration in Korea.

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COHEN의 합치도의 두 가지 역설을 해결하기 위한 새로운 합치도의 제안 (A New Measure of Agreement to Resolve the Two Paradoxes of Cohen's Kappa)

  • 박미희;박용규
    • 응용통계연구
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    • 제20권1호
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    • pp.117-132
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    • 2007
  • 두 평정자가 있는 이차원 분류표에서 우연에 의한 합치 비율을 보정한 Cohen의 합치도($\kappa$)는 문제점이 있는 측도로 알려져 있다. $\kappa$는 평정자의 분류 비율(주변확률)에 매우 민감하고, 합치도로서의 조건도 만족하지 못한다. 그러나 $\kappa$를 비롯한 기존 합치도들은 주변확률이 0.5에 가까울 때 안정되며 비슷한 값을 갖는다. 본 연구에서는 이차원 분류표의 불균형적 주변분포를 보정함으로써 $\kappa$의 역설을 해결하는 새로운 합치도 H를 제안한다. 또한 예제를 통해 기존의 합치도들과 제안된 합치도를 비교한다.

흡연 대학생의 목표달성방법 합의가 금연목표달성에 미치는 효과 (Effect of an Agreement on Means to Achieve Smoking Cessation Goals among College Student Smokers)

  • 최인희
    • 대한간호학회지
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    • 제35권7호
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    • pp.1362-1370
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    • 2005
  • Purpose: The purpose of this study was to identify the degree of attaining a smoking cessation goal when an agreement on means to achieve smoking cessation among male college student smokers was established. Method: This study was planned as a nonequivalent control group non-synchronized design and the sample was divided into an agreement group and a comparison group by convenience sampling in a college of G city. The data was analysed with SPSS Win10.0 using a Likelihood $x^2-test$, Odds ratio, Paired t-test and ANCOVA. Result: The theory that the degree of smoking cessation will be higher in the agreement group than the Comparison group was rejected (${\delta}$ = 2.567, p = .055). The theory that nicotine dependency will be lower in the agreement group than the comparison group was supported (F = 3.965, P = .049); however, the theory that the number of cigarettes smoked per day will be lower in the agreement group than the comparison group was rejected (F = 1.342, p = .252). Conclusion: It has been shown that an agreement on means to achieve smoking cessation goals is a key factor to success in quitting smoking.