• Title/Summary/Keyword: Article 17

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South Korea's Ten-Year Experience with CISG and its Prospects (한국 CISG 가입 10주년 회고와 전망)

  • Oh, Won-Suk
    • Journal of Arbitration Studies
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    • v.25 no.4
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    • pp.77-95
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    • 2015
  • CISG provides a uniform framework for contracts of sale of goods between parties whose places of business are in different States. In 2004 South Korea became the 63th State around world to adopt CISG. Starting next year CISG goes into effect as the law that governs the contracts for international sale of goods, in respect of which CISG displaces the existing domestic civil and commercial codes of Korea. By its provision Article 1(a), CISG applies directly between Contracting States without reference to private international law. As South Korea's biggest trade partners including China, the U.S. and Japan are also parties to CISG, the number of such direct applications continuously increases. Now it is estimated, though roughly, that CISG governs about two-thirds of Korea's import and export trade of goods. The private survey of the author shows that up to now in South Korea there are 39 court cases decided by the first instance courts, 29 cases by the appellate court and six cases by the Supreme Court of South Korea. In nearly all these cases, CISG applied directly. Furthermore, currently CISG is, in several respects, influencing upon the revision of Korean civil code which is designed to modernize it: The revised draft published in 2013 adopts the rules on the revocation of offers provided in articles 15 and 16, the rule on the termination of offers provided in article 17 and the rule on the time that an acceptance takes its effect provided in article 18 of CISG. More importantly, in accordance with the rules taken by CISG, the revision draft no longer requires the existence of fault or negligence on behalf of the breaching party in order for the aggrieved party to void the contract, and the revised draft denies the right of avoidance for trivial, not fundamental, breaches of contract.

The Personal Data Protection Mechanism in the European Union

  • Syroid, Tetiana L.;Kaganovska, Tetiana Y.;Shamraieva, Valentyna M.;Perederiі, Оlexander S.;Titov, Ievgen B.;Varunts, Larysa D.
    • International Journal of Computer Science & Network Security
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    • v.21 no.5
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    • pp.113-120
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    • 2021
  • The adoption of the General Data Protection Regulation (EU) 2016/679 transformed approaches and concepts to the implementation of the personal data protection mechanism in the European Union. Within the EU, almost all countries have adapted a new protection mechanism, which requires a study of the specifics of its use. The article intends to assess the legal provisions of the current mechanism of personal data protection in the EU. The author studied the mechanism of personal data protection under the General Data Protection Regulation (EU) 2016/679 (GDPR) based on the concept of contextual integrity and analysis of EU legislation on personal data protection. The scientific publications for 2016-2020 were reviewed for the formation of ideas of a new personal data protection mechanism in the EU, informative and transparent analysis of legal provisions. The article notes that the personal data privacy and protection is increasing, there is an ongoing unification of the legal status of personal data protection and the formation of a digital market for dissemination, exchange, control, and supervision of data. Cross-border cooperation is part of the personal data protection mechanism. The author proved that the GDPR has changed approach to personal data protection: the emphasis is now shifting to the formation of a digital market, where the EU's role in ensuring regulation is crucial. The article identifies the emergence of a new protectionist legal system and strengthening of legal provisions regarding privacy. This legal system needs unification and harmonization in accordance with national legislation, is territorially fragmented and differentiated within the EU.

Vital Tooth Bleaching: The State of Art (생활치아 미백술)

  • Choi, Dong Hun
    • Journal of the Korean Academy of Esthetic Dentistry
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    • v.7 no.1
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    • pp.6-17
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    • 1998
  • Tooth bleaching was being done more than 100 years ago, but the standard for vital tooth bleaching for the last quarter century has been the use of hydrogen peroxide with heat or with a combination of heat and light. The major disadvantages of this process are high cost, unpredictability of results, and patient discomfort. In March, 1989, the dental world was introduced to a new vital tooth bleaching process by Haywood and Heymann in their article "Nightguard vital bleaching(NGVB)." Interestingly enough, this simple technique could have been developed years ago if we had known about the chemical effects of carbamide peroxide on tooth structure. NGVB has created a resurgence in the area of bleaching, primarily because of its relative ease of application, the safety of the materials used, low cost, and the high percentage of successful treatments. This article was to explain simply about all around NGVB(etiology of stains, bleaching chemicals and mechanisms, bleaching effectiveness, side effect, documentation, indications, treatment therapy, laboratory procedure, case reports)

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과하중 방지기의 전기체 구조시험 적용에 관한 연구

  • Kim, Sung-Chan;Chae, Dong-Chul;Kim, Sung-Jun;Hwang, In-Hee
    • Aerospace Engineering and Technology
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    • v.2 no.2
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    • pp.11-17
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    • 2003
  • This paper present a method of meter-out flow control for overload protection valve in full-scale airframe test. Emergency stop, which results in dump state, can be happened during full-scale airframe test by several causes. Because servo valve can't control hydraulics actuator in the dump state, pressure in cylinder chamber may rise abruptly and overload can be acted to the test article. In this paper, the procedure and technology of orifice setting are investigated to protect the test article from unexpected loads by dump. The test results show that the presented methods decrease peak loads and improve unloading characteristics of hydraulic actuators in the dump state.

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Probing Equivocal Effects of Heat Processing of Legume Seeds on Performance of Ruminants - A Review -

  • Yu, P.;Tamminga, S.;Egan, A.R.;Christensen, D.A.
    • Asian-Australasian Journal of Animal Sciences
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    • v.17 no.6
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    • pp.869-876
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    • 2004
  • Published studies show that effects of heat processing of legume seeds on animal performance are equivocal. In this article, we used a nutrition model - the DVE/OEB system to re-analyze nutrient supply (such as truly absorbed intestinal protein DVE value and protein degradation balance OEB value) to ruminants from published studies to probe reasons for such equivocal effects and provided some explanation why equivocal effects occurred. The analysis results showed that an unsuitable supply of nutrients in terms of DVE and OEB intakes (negative total OEB intake, oversupply of total DVE values) resulted in an inability to detect the effectiveness of heat processing in altering bypassing protein (BCP) and/or starch (BST) and their effects. The overall nutrient supply to animal in an experiment should be the context in which any animal performance study is developed. The information described in this article may give better understanding of animal performance in relation to nutritive changes occurring upon processing of legume seeds.

Understanding Current Issues in Research and Education in Science and Technology: A Framework of Knowledge and Action Sharing between Universities and Science and Technology Parks

  • Fernandez, Ramon Emilio;Ferguson, David L.
    • World Technopolis Review
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    • v.6 no.1
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    • pp.2.1-2.9
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    • 2017
  • Humanity is experiencing a very fast-paced technological evolution. As technological systems evolve exponentially, societies are becoming more global and are starting to have impacts beyond their geographic demarcations. This implies that, the actions of a person who is across the ocean from where we live could have significant impacts on our everyday lives. This article explores the complexity of globalization, identifies a number of global issues, and looks at the University and the Science and Technology Parks as potential sources of human capital to tackle current and forthcoming global challenges, ranging from new energy sources to potable water distributions. The article focuses on current efforts that are taking place across universities and science and technology parks around the world. We propose a new methodology whereby interdisciplinary work can inform the development of multidisciplinary approaches to solve some of the most complex global issues such as cyber security and educating the next generations of global leaders, providing them them with the necessary skills to be successful in a globally distributed workforce.

A Statistical-Mechanical Model on the Temperature Dependence of Critical Micelle Concentration (임계 마이셀 농도의 온도 의존성에 대한 통계 역학적 모델)

  • Lim, Kyung-Hee;Kang, Kye-Hong;Lee, Mi-Jin
    • Applied Chemistry for Engineering
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    • v.17 no.6
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    • pp.625-632
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    • 2006
  • Dependence of the critical micelle concentration (CMC) on temperature is examined from a statistical-mechanical point of view. A simple and primitive model examined in this article yields ln CMC= A+BT+C/T+D ln T with T being temperature and A, B, C, D being constants depending on the properties of the surfactant molecules which comprise the micelles. The resulting equation combines Muller's and Lim's equations, which have already been proven to fit well measured CMC data with temperature. The statistical-mechanical model on micellization discussed in this article provides a theoretical basis on these equations.

Legislative study on the qualification of level 1 emergency medical technicians (1급 응급구조사의 자격에 대한 입법론적 고찰)

  • Hwang, Seong-Ho
    • The Korean Journal of Emergency Medical Services
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    • v.23 no.3
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    • pp.17-27
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    • 2019
  • Purpose: To provide legislative data for the amendment of Article 36 of the Emergency Medical Service Act on the qualifications of emergency medical technicians. Methods: The study was drafted based on the Emergency Medical Service Act; data on the emergency medical technicians (EMT) system and curriculum in Korea, United States. Japan, and Taiwan; and previous studies on the EMT system in Korea. Results: The length of education. work scope. amd role of level 1 EMTs vary significantly depending on the type of qualifications they have as emergency medical professionals, while the supply of level 1 EMTs has already reached a point of saturation. Accordingly, the current regulation on allowing level 2 EMTs with at least three years of experience to take the level 1 EMT test presents serious inequity for students just graduating from their emergency medical services program. It is also a factor that degrades the professionalism of level 1 EMTs. Conclusion: Article 36, paragraph 2. subparagraph 3 of the Emergency Medical Services Act pertaining to regulations on "EMTs who have worked as level 2 EMTs for at least 3 years" needs to be removed.

The Importance of Knowledge Produced in the Management Consulting Sector -A Perspective Analysis related to the research field of Strategy-as-Practice

  • da Costa, Renato Lopes;Antonio, Nelson Santos
    • East Asian Journal of Business Economics (EAJBE)
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    • v.2 no.3
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    • pp.1-17
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    • 2014
  • Although management consulting activities have obtained a considerable growth in terms of economic significance in recent years, these results have not been duly followed by a greater number of conceptual and empirical research in this area. In order to fight the lack of studies on the actual work of management consultants, this article aims at answer some questions that remain open. Is management consulting an intensive and specialized knowledge activity? Are there knowledge and learning key success factors in this area? Are consultants the real experts and the true practitioners of strategy as practice? The results of the empirical analysis in the form of semi-structured interviews and questionnaires given to management consultants and SME managers in Portugal shows that management consulting is founded on a knowledge-intensive base, although consultants cannot be called strategy practitioners as many authors call them. This is illustrated by the Portuguese model of determinants that constitute the management consulting industry presented in this article, which means this proposition is a new direction in strategic thinking in what the field's research strategy-as-practice concerns.

Study on the Style of Adirondack Rockers, Mission Style Rockers, and European Rockers

  • Lim, Seung-Taeg;Chung, Woo-Yang
    • Journal of the Korea Furniture Society
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    • v.17 no.4
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    • pp.59-83
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    • 2006
  • This article was written in order to understand rockers of today and to provide basic data of their designs and manufacture studying pattern changes in the West. This article contains, the characteristics of the style of the Adirondack rockers, the Mission style rockers in America and the European rockers. Adirondack rockers ($1850{\sim}1940$) were made in various styles out of the mingling of rustic sensibilities with the formalism of Victorian designs. They were Old Hickory chair Co. style, Westport style, bentwood rocker style of two shape and Mottville rocker style. Mission style denoted American furniture design style of the early 20th century especially the work of Gustav Stickley and Roycroft Community. Mission style rockers had a simple, rectilinear style with exposed construction techniques, unpretentious materials (usually oak, with covering of leather, canvas or plain cloth) and little or no decoration. European rockers ($1660{\sim}1918$) have come to mean rockers from the English regional chair, Thonet, J&J Kohn, Henry Van de Velde and Hoffmann. The modernism of modern furniture was affected by the characteristics of the Adirondack rockers, the Mission style rockers and European rockers.

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