• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.51
• /
• pp.285-313
• /
• 2011

There can be analyzed severally on the acceptance conditions of freight forwarder's transport document under UCP. First, Bills of Lading issued by forwarding agents will be refused. This can be seen in the article 20 of 1933 Revision UCP(Brochure 82) and the article 20 of 1951 Revision UCP(Brochure 151). Second, Unless specifically authorized in the credit, Bills of Lading issued by forwarding agent will be rejected. It is prescribed in the front part (a) of article 17 of 1962 Revision UCP(Brochure 222) and the article 19 of 1974 Revision UCP(Publication No. 290). Third, Acceptance conditions are different according to the type of transport documents, that is either Bill of Lading or not. It is prescribed in the art 25 and article 26 of 1983 Revision UCP. Unless otherwise stipulated in the credit, transport document issued by a freight forwarder will be rejected unless it is the FIATA Combined Transport Bill of Lading approved by the International Chamber of Commerce or otherwise indicates that it is issued by a freight forwarder acting as a carrier or agent of a named carrier. On the other hand, unless otherwise stipulated in the credit, marine bill of lading issued by a freight forwarder will be rejected, unless it indicates that it is issued by such freight forwarder acting as a carrier, or as the agent of a named carrier. Fourth, transport documents issued by a freight forwarder will be accepted. This can be found in the article 30 of 1993 Revision UCP(ICC Publication No. 500) and the article 14 l of 2007 Revision UCP(ICC Publication No. 600). According to the former unless otherwise authorized in the Credit, transport document issued by a freight forwarder will only be accepted if it is appears on its face to indicate the name of the freight forwarder as a carrier or multimodal transport operator or its agent. The latter prescribed that a transport document will be accepted if it is issued by a freight forwarder by a agent of carrier or freight forwarder itself.

• The Journal of Korean Medical History
• /
• v.24 no.1
• /
• pp.73-96
• /
• 2011

The BianMaiFa chapter, which is the first chapter of SongBon ShangHanLun, is the scholarly description(專論) of the pulse and pathological mechanism but has not been studied and published yet. This study is about article 11-23 which is the second part of The BianMaiFa chapter. We compared the original texts within the editions, comparing and analyzing the annotations of successive dynastic medical group. The articles of The SongBon ShangHanLun BianMaiFa chapter 11-23 is consisted as is shown: article 11 12 13 state about a dignosis of yin-yang, deficiency-excess, fluid-humor from difference of a pulse shape and a sign of recovery from a disease, article 14 states about a prognosis of a disease according to a pulse, article 15 states about a pulse from which we predict a recovery, article 16 states about normal pulse according to season, article 17 states about ups and downs of a disease according to yin-yang of day and night, article 18 states about a location of a disease in connection with a pulse, article 19 states about a pathological mechanism of a diarrhea through a anterior tibial pulse(趺陽脈), a lesser yin pulse(少陰脈), article 20 states about a cause of disease, a symptom, a therapy about a floating and tight pulse(浮緊脈), article 21 states about a pathological mechanism of symptoms through a anterior tibial pulse(趺陽脈), article 22 states about a pulse, a pathological mechanism, symptoms caused by erroneous treatment, article 23 states about a pulse, a symptom, a therapy with internal heat. The BianMaiFa chapter 11-23 discussed a diagnosis, a prognosis of a disease, understanding of pathological mechanism through pulse. And The BianMaiFa suggests a various use of pulse.

• Journal of Arbitration Studies
• /
• v.13 no.2
• /
• pp.377-401
• /
• 2004

Delay in the air transport occurs when passengers, baggage or cargo do not arrive at their destination at the time indicated in the contract of carriage. The causes of delay in the carriage of cargo are no reservation, lack of space, failure to load the cargo on board, loading the cargo on the wrong plane, failure to off-load the cargo at the right place, or to deliver the covering documents at the right place. The Montreal Convention of 1999 Article 19 provides that "The carrier is liable for damage occasioned by delay in the carriage by air of cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures." The Montreal Convention Article 22 provides liability limits of the carrier in case of delay for cargo. In the carriage of cargo, the liability of the carrier is limited to 17 SDR per kilogram unless a special declaration as to the value of the cargo has been made. The Montreal Convention Article 19 has shortcomings: it is silent on the duration of the liability for carriage. It does not give any indication concerning the circumstances to be taken into account in cases of delay, and about the length of delay. In conclusion, it is desirable to define the period of carriage with accuracy, and to insert the word 'unreasonable' in Article 19.

• The Korean Journal of Air & Space Law and Policy
• /
• v.5
• /
• pp.119-169
• /
• 1993

In this article the present writers have surveyed recent cases on Warsaw Convention especially on the cases emerged in the years between 1986 to 1993. The cases before 1986 were discussed already in the book titled "Liability of International Air Carrier," written by Professor Choi, published in Seoul 1986. In this article the writers have reviewed most of the American cases and some cases from the courts of Germany, France and England. Main subjects which were discussed herein were as follows: Liability of air carriers in Warsaw Convention carriage 1. Exclusivity of the Warsaw Convention as a remedy 2. Warsaw Jurisdiction 3. The scope of the Warsaw Convention's definition of "Accident" under Article 17 of the Warsaw Convention (1) Mental anguish (2) Unusual or unexpected events 4. Adequacy of notice of the limitation of liability to passengers for injuries and death 5. Damages recoverable, punitive damages and burden of proof 6. The wilful misconduct exception; definition of wilful misconduct 7. Cargo and passenger baggage 8. Time limitation of actions After examining articles published world-wide, this article compiles and analyses recent cases involving the Warsaw Convention system. As Warsaw System is based on international convention, maintaining uniformity in interpretation is of utmost importance. Therefore, this type of study is essential for resolving air-transportation disputes in Korea. This article examines the current state and recommends the desired course for the Warsaw Convention. The writers hope that this article is helpful to the Korean courts and those in the air-transportation industry in interpreting the Warsaw Convention.

• Korean Journal of Construction Engineering and Management
• /
• v.17 no.1
• /
• pp.119-127
• /
• 2016

Since May 23, 2014, the Construction Technology Promotion Act has been effect through the entire reform of the Act. Despite the extensive reform, the previous penalty articles remain intact. According to the article 85 (1), especially, if a service provider or an engineer has caused death or injury by violating the duty of good faith and by damaging the principal parts of facilities, the person should be sentenced for lifetime imprisonment or imprisonment for no less than three years. The article has been controversial in its clarity and adequacy. This study is to verify the characteristics and the scope of the article and to suggest the theoretical backgrounds by analyzing the article based on the principle of legality, which enables to set forth the possibility to improve the article. To achieve the goal, the provision has been analyzed in accordance with the basic laws in Korea including the constitutional law and the criminal law, the related cases have been collected, and the comparison of the relevant acts has been executed. The detailed discussion about the articles in laws and acts on construction and the long-term and integrated study are expected to vitalize through this research.

• Pediatric Gastroenterology, Hepatology & Nutrition
• /
• v.17 no.2
• /
• pp.85-92
• /
• 2014

Recently, the incidence and prevalence of obesity and dyslipidemia are increasing. Dyslipidemia is associated with significant comorbidities and complications, and with cardiovascular risk factors (obesity, diabetes mellitus, hypertension and smoking). The main objectives of this article are that describe the prevalence of dyslipidemia in Korean children and adolescents and review the diagnosis and management of dyslipidemia in children and adolescents.

• Pediatric Gastroenterology, Hepatology & Nutrition
• /
• v.17 no.1
• /
• pp.23-30
• /
• 2014

Manometry is a noninvasive diagnostic tool for identifying motility dysfunction of the gastrointestinal tract. Despite the great technical advances in monitoring motility, performance of the study in pediatric patients has several limitations that should be considered during the procedure and interpretation of the test results. This article reviews the clinical applications of conventional esophageal and anorectal manometries in children by describing a technique for performing the test. This review will develop the uniformity required for the methods of performance, the parameters for measurement, and interpretation of test results that could be applied in pediatric clinical practice.

• Communications of the Korean Mathematical Society
• /
• v.17 no.1
• /
• pp.143-153
• /
• 2002

Null designs form a vector space and there are only finite number of minimal null designs(up to scalar multiple), hence it is natural to look at the convex polytopes of minimal null designs. For example, when t = 0, k = 1, the convex polytope of minimal null designs is the polytope of roofs of type An. In this article, we look at the convex polytopes of minimal null designs and find many general properties on the vertices, edges, dimension, and some structural properties that might help to understand the structure of polytopes for big n, t through the structure of smaller n, t.

• Vacuum Magazine
• /
• v.1 no.1
• /
• pp.17-20
• /
• 2014

This article introduces the basic concepts of various soft X-ray spectroscopies in the study of surface and interface electronic structures. Especially, recent results of X-ray photoelectron spectroscopy experiments on organic/inorganic thin films and a lead-free solder alloys will be discussed. Soft X-ray spectroscopies to understand the chemical and electrical properties would be of broad interest in the vacuum science communities.

• Pediatric Gastroenterology, Hepatology & Nutrition
• /
• v.16 no.1
• /
• pp.17-21
• /
• 2013

The gut mucosal barrier plays an important role in maintaining a delicate immune homeostasis. The pathogenesis of inflammatory bowel disease (IBD) is considered to involve a defective mucosal immunity along with a genetic predisposition. Recent views have suggested an excessive response to components of the gut microbiota in IBD. A condition of "dysbiosis", with alterations of the gut microbial composition, has been observed in patients with IBD. In this article, the author review recent studies of gut microbiota in IBD, particularly the importance of the gut microbiota in the pathogenesis of pediatric IBD.