• Title/Summary/Keyword: An agreement

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A Study on the Mediation and Arbitration of Lease Dispute (임대차 분쟁의 조정과 중재에 관한 연구)

  • Nam, Seon-Mo
    • Journal of Arbitration Studies
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    • v.25 no.4
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    • pp.119-136
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    • 2015
  • The contracting parties must be provided a litigation scheme in order to resolve a dispute. This means taking advantage of effective measures for mediation or arbitration. A lease transaction is likely to occur mainly after a dispute. It is necessary to take the appropriate measures in advance. In general, when a variety of contracts are created, conflicts arise and disputes have to be resolved through mediation and arbitration documents, and adjustment or intervention is called for. Arbitration system is a system that is established based on the trust of the arbitral tribunal. For such system, quality education for enhancing professionalism required of the arbitrator is important. A party responding to an arbitration agreement presents a problem. The current system must ensure that there are no disadvantaged parties. However, a party must depend on an arbitration agreement that is part of the law rescue system. A litigation support by the local Bar Association must be carried out. It should be notified of the contents of the contract to select a strategy that will best resolve the conflict. In the case of lease transactions, there is a need to create a scheme to make a standard agreement that inserts an arbitration clause. Lease sale and purchase agreement or lease agreement is a form of contract that has been frequently used. Here, the arbitration agreement clause for a lawyer that will serve as arbitrator should be inserted. It is a scheme that can be activated for individuals in poor areas. In addition, it is possible to see it taking a scheme to take advantage of the lawyer system for the future of the town. The Attorney System of a town is a system that the Korean Bar Association, Legal Department has put in place since 2013. If a real estate trade dispute occurs, the role of the intermediary attorney should be to carry out his duties efficiently. In the case of real estate transaction conflicts, the lawyer of the village should be registered as the arbitrator. It is important to establish a basis of regulations through this type of real estate transaction accident analysis. Before proceeding with various adjustment systems, it is desirable to expand the arbitration region. Now we need a realtor amendment. It is the part where fragmentation of intermediary qualification is required, along with the eligibility of a subdivision.

Comparative Assessment of a Self-sampling Device and Gynecologist Sampling for Cytology and HPV DNA Detection in a Rural and Low Resource Setting: Malaysian Experience

  • Latiff, Latiffah A;Ibrahim, Zaidah;Pei, Chong Pei;Rahman, Sabariah Abdul;Akhtari-Zavare, Mehrnoosh
    • Asian Pacific Journal of Cancer Prevention
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    • v.16 no.18
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    • pp.8495-8501
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    • 2016
  • Purpose: This study was conducted to assess the agreement and differences between cervical self-sampling with a Kato device (KSSD) and gynecologist sampling for Pap cytology and human papillomavirus DNA (HPV DNA) detection. Materials and Methods: Women underwent self-sampling followed by gynecologist sampling during screening at two primary health clinics. Pap cytology of cervical specimens was evaluated for specimen adequacy, presence of endocervical cells or transformation zone cells and cytological interpretation for cells abnormalities. Cervical specimens were also extracted and tested for HPV DNA detection. Positive HPV smears underwent gene sequencing and HPV genotyping by referring to the online NCBI gene bank. Results were compared between samplings by Kappa agreement and McNemar test. Results: For Pap specimen adequacy, KSSD showed 100% agreement with gynecologist sampling but had only 32.3% agreement for presence of endocervical cells. Both sampling showed 100% agreement with only 1 case detected HSIL favouring CIN2 for cytology result. HPV DNA detection showed 86.2%agreement (K=0.64, 95% CI 0.524-0.756, p=0.001) between samplings. KSSD and gynaecologist sampling identified high risk HPV in 17.3% and 23.9% respectively (p=0.014). Conclusion: The self-sampling using Kato device can serve as a tool in Pap cytology and HPV DNA detection in low resource settings in Malaysia. Self-sampling devices such as KSSD can be used as an alternative technique to gynaecologist sampling for cervical cancer screening among rural populations in Malaysia.

Verification of a computer-aided replica technique for evaluating prosthesis adaptation using statistical agreement analysis

  • Mai, Hang-Nga;Lee, Kyeong Eun;Lee, Kyu-Bok;Jeong, Seung-Mi;Lee, Seok-Jae;Lee, Cheong-Hee;An, Seo-Young;Lee, Du-Hyeong
    • The Journal of Advanced Prosthodontics
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    • v.9 no.5
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    • pp.358-363
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    • 2017
  • PURPOSE. The purpose of this study was to evaluate the reliability of computer-aided replica technique (CART) by calculating its agreement with the replica technique (RT), using statistical agreement analysis. MATERIALS AND METHODS. A prepared metal die and a metal crown were fabricated. The gap between the restoration and abutment was replicated using silicone indicator paste (n = 25). Gap measurements differed in the control (RT) and experimental (CART) groups. In the RT group, the silicone replica was manually sectioned, and the marginal and occlusal gaps were measured using a microscope. In the CART group, the gap was digitized using optical scanning and image superimposition, and the gaps were measured using a software program. The agreement between the measurement techniques was evaluated by using the 95% Bland-Altman limits of agreement and concordance correlation coefficients (CCC). The least acceptable CCC was 0.90. RESULTS. The RT and CART groups showed linear association, with a strong positive correlation in gap measurements, but without significant differences. The 95% limits of agreement between the paired gap measurements were 3.84% and 7.08% of the mean. The lower 95% confidence limits of CCC were 0.9676 and 0.9188 for the marginal and occlusal gap measurements, respectively, and the values were greater than the allowed limit. CONCLUSION. The CART is a reliable digital approach for evaluating the fit accuracy of fixed dental prostheses.

Research on the Implementation of the Bilateral Fisheries Order in the East China Sea after Establishing the China-Japan Fisheries Agreement (중·일 어업협정에 따른 양국 어업질서의 이행 실태 진단)

  • KIM, Dae-Young
    • Journal of Fisheries and Marine Sciences Education
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    • v.27 no.4
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    • pp.1053-1062
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    • 2015
  • This research assesses the implementation of the bilateral fisheries order of the China-Japan fisheries agreement. After establishment of UNCLOS, the China-Japanese fisheries agreement has played as a basis for the fisheries order in the East China Sea. The China-Japanese fisheries agreement intends that the fisheries industries in China and Japan can utilize the renewable natural resources in the East China Sea. As the EEZ of China overlaps with that of Japanese in the East China Sea, the two countries established the China-Japan Provisional Measure Zone and Middle Zone in the Sea. Even though the three coastal States (e.g. Korea, China, and Japan) in the East China Sea are involved in managing these zones, there has been little effort to coordinate each county's management. Additionally, the Taiwan-Japan fisheries agreement, which is for the area of N $27^{\circ}$, has made costal States to establish and implement united measures to conduct effective fisheries management. Regarding access to the joint fishing zone in EEZ, Chinese fisheries regulations have been enforced in the zone because the fishing capacity of China exceeds all of other countries, reducing the number of fishing licenses and catch quotas. It turned out that a nation that has authority over fisheries resources tends to establish specific conditions of fishing operations to maximize its national interest. In the China-Japan Provisional Measure Zone, Chinese and Japanese authorities have introduced united measures to manage fisheries resources. However, in the Middle Zone between China and Japan, there is no regulation on fishing; both countries' fishing vessels can have free access to the zone. Thus, it is recommended that one should introduce an international fisheries management regime for the Middle Zone. In this regard, Korea should play a leading role in establishing the international management regime because Korea has middle position in terms of geographical standpoint, the degree of dependence on commercial fishing, and its fishing capacity.

A Study on Some Problems in Multiparty Arbitration (다수당사자중재의 문제점에 관한 고찰)

  • Kim Myung-Yeop
    • Journal of Arbitration Studies
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    • v.13 no.1
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    • pp.207-244
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    • 2003
  • There are many parties who connected with contracts like a contract for construction. Dispute arising from the two parties can be souled by themselves. but it grows the necessity of settlement at one effort. The meaning of multiparty arbitration is solution of mixed disputes without inconsistency through multiparty concerned. H the parses wish to settle the disputes by arbitration, they must come to an arbitration agreement. The arbitration agreement is necessary to resolve disputes autonomously, that may be in the form of a separate agreement or in the form of a clause in a contract. More ever it is resonable to view the arbitration agreement as a substantive contract in its legal nature enabling the authority for dispute resolution by the arbitrator. I had argument about who should appoint the arbitrator. That is to say, each party can appoint the arbitrator, otherwise the courts can appoint one. The basis of multiparty arbitration is focused on the factor that the courts may have the right to order the consolidation of arbitration proceedings without consent of the parties. The dispute can be settled by the arbitrators who are appointed. Appointing arbitrator is very important because it affects the party's equality. The right to appoint arbitrator shall be entitled each party in multiparty arbitration. Therefore they can appoint plural arbitrators by mutual agreement. for .reference to Rules of Arbitration of The International Chamber of Commerce, the Court shall appoint a sole arbitrator or three arbitrators in condition. The Arbitration Act of Korea dose not have the clause on multiparty arbitration including the arbitration rules. But if we have the clause enacted, it brings a situation in which both parties gain a benefit.

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An Empirical Study of Age Effect on Awareness for Korean Unification: evidence from 2020 Seoul, Incheon, Gyeonggi survey data (통일 의식에 대한 연령 효과 분석: 수도권 데이터를 중심으로)

  • Woo, Kyoungbong
    • Analyses & Alternatives
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    • v.6 no.1
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    • pp.7-33
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    • 2022
  • This study analyzes the difference in the awareness of Korean Unification among age groups based on survey data. It is verified by statistical model analyses that the ratio of agreement for Korean Unification increases with the age growth, but after the highest peak at the age group of 44 ~ 53 years, the ratio of agreement gradually decreases. The statistical model shows that the age group of 44 ~ 53 years old has 2.5 times higher odds of agreement than the age group of 24 ~ 33 years old and the odds of female to male is 0.56. Meanwhile, the ratio of increase in the agreement, aligned with the increasing age groups, shows 4.3 times higher for males than females. The difference in the ratio of agreement in the overall age groups is estimated to be contributed the most by the significant difference in the ratio of agreement for Korean Unification between the young male generation (in their 20s and 30s) and the middle-aged male generation (in their 40s and 50s).

An Analysis on the Iranian Nuclear Agreement Process and Political Implication (이란의 핵협상 과정 분석과 정책적 함의)

  • Baek, Dong Hwan;Kwon, Jung-Min
    • Convergence Security Journal
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    • v.15 no.6_1
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    • pp.33-42
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    • 2015
  • According to the tentative agreement between Iran and Western countries on last July, the Iranian nuclear problem that has been discussed is resolving gradually. It has been discussed for long time. The reason we must observe the agreement process for the Iranian nuclear is that the Korean peninsular is also threatened by the North Korea's nuclear. When it comes to comparing the nuclear issue in two countries, there are very big differences such as political system, structure and the process of nuclear agreement between them. For this reason, some experts say that it is hard to find the implication for solving the North Korea's nuclear problem. However, the others say that we can find the positive factors that have an effect on the North Korea's nuclear problem. This research focuses on analyzing the Iranian nuclear agreement process and successful factors as well as trying to find out the implication to solve the North Korea's nuclear problem. In spite of large point of difference between I ran and the North Korea, the reason we have to find out the positive measure to solve the North Korea's nuclear problem is that this issue is directly related to the Korean peninsular's security.

A Study on the Separability of an Arbitration Clause in United States Cases (미국 판례상 중재조항의 분리가능성에 관한 고찰)

  • Kang, Soo-Mi
    • Journal of Arbitration Studies
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    • v.24 no.2
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    • pp.109-136
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    • 2014
  • The separability of an arbitration clause is generally recognized throughout the world, but there are no provisions of it under the Federal Arbitration Act(FAA) of the United States. As such, the controversy over the recognition of separability has developed with the rise of certain cases. The Supreme Court recognized this separability based on section 4 of the FAA in the decision of the Prima Paint case. The Court ruled that courts must decide the claim about the fraudulent inducement of an arbitration agreement itself, but they must not decide the claim about the fraudulent inducement of a contract involving a broad arbitration clause, and they have to proceed with the arbitration. The Court said that the subject of an arbitral award is set by the agreement of the parties, and thereby arbitrators can decide the issues about the fraudulent inducement of a contract on the basis of the arbitration clause when it is broad to the point of including the issues. Many courts have extended the separability beyond the fraud context to include other defenses to contract formation in the federal courts such as the occurrence of mistake, illegality, and frustration of purpose. In interpreting the parties' intention of ensuring arbitrator competence, the Supreme Court has treated differently the issues about whether the arbitration agreement exists or not and the issues about whether the preconditions for dispute resolution by a valid arbitration agreement is fulfilled or not. The Court holds that the federal policy in favor of arbitration does not apply to the former issues, and arbitrators can decide theses issues only when parties assign them clearly and unmistakably to them. However, the later issues receive a presumption in favor of arbitration; i.e., when the interpretation of a valid arbitration clause is contested, the arbitrators can decide these issues. In the First Options case, the former issue was questioned. The question of the separability of an arbitration clause is where the validity of the main contract involving the arbitration clause is contested. Therefore, the doctrine of separability did not operate in the First Options case in which the validity of the arbitration clause itself was questioned, and the decision in the First Options was irrelevant to the separability. I think that the Prima Paint case and the First Options case have different issues, and there is no tension between them.

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A Case Study on the Violation of the WTO-TRIMs Agreement in the China - Focusing on the Auto Parts Case- (중국의 WTO.TRIMs 협정 위반 분쟁사례에 관한 연구 - 자동차 부품 사례를 중심으로 -)

  • Kim, Jong-Hun
    • International Commerce and Information Review
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    • v.14 no.1
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    • pp.221-246
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    • 2012
  • The purpose of this study aims to analyse the case on the violation of the Agreement on WTO-TRIMs in the China with auto parts case. The Agreement on Trade Related Investment Measures(TRIMs) are rules that apply to the domestic regulations, a country applies to foreign investors, often as part of an industrial policy. The agreement was agreed upon by all members of the WTO. The TRIMs Agreement bans any laws, policies or administrative regulations favouring domestic products. This includes government incentives to encourage corporations to use domestically made products as a way of creating or protecting local jobs. The Agreement on TRIMs is only one such restriction within the broader WTO regime. Policies such as local content requirements and trade balancing rules that have traditionally been used to both promote the interests of domestic industries and combat restrictive business practices are now banned. In many ways the Agreement on WTO-TRIMs is less significant than the WTO agreements on services, etc. The TRIMs Agreement does not involve any new rules or disciplines, referring only to the existing provisions under the GATT. However, by enforcing GATT provisions on 'national treatment', this short and simple agreement has had farreaching effects on auto parts, etc. Meanwhile, China has been members of the WTO late 2001, once the measures imposed high-rate tariff for import parts was intended to regulate importer of auto parts in order to avoid the high-rate tariff.

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Robust Biometric-based Anonymous User Authenticated Key Agreement Scheme for Telecare Medicine Information Systems

  • Jung, Jaewook;Moon, Jongho;Won, Dongho
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.11 no.7
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    • pp.3720-3746
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    • 2017
  • At present, numerous hospitals and medical institutes have implemented Telecare Medicine Information Systems (TMIS) with authentication protocols to enable secure, efficient electronic transactions for e-medicine. Numerous studies have investigated the use of authentication protocols to construct efficient, robust health care services, and recently, Liu et al. presented an authenticated key agreement mechanism for TMIS. They argued that their mechanism can prevent various types of attacks and preserve a secure environment. However, we discovered that Liu et al.'s mechanism presents some vulnerabilities. First, their mechanism uses an improper identification process for user biometrics; second, the mechanism is not guaranteed to protect against server spoofing attacks; third, there is no session key verification process in the authentication process. As such, we describe how the above-mentioned attacks operate and suggest an upgraded security mechanism for TMIS. We analyze the security and performance of our method to show that it improves security relative to comparable schemes and also operates in an efficient manner.