• Title/Summary/Keyword: Article 17

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ACCIDENTS & INJURIES IN INTERNATIONAL AIR LAW : THE CLASH OF THE TITANS

  • Dempsey, Paul Stephen
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.235-270
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    • 2009
  • This Article examines what is contemplated by the term "accident," what is meant by "bodily injury," and what damages are recoverable under Article 17 of both the Warsaw Convention of 1929 and the Montreal Convention of 1999. It examines differences in the jurisprudence of the US Supreme Court, the UK House of Lords, and the Australian High Court in interpreting these terms, and the problems posed by these different interpretations in achieving the uniformity of international aviation liability law contemplated by the Warsaw and Montreal Conventions.

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A Model to Analyze the Optimal Purchase of the Cleaner Vehicles: A Game Theoretic Approach (저공해차량의 최적구매행태 분석모형: 게임이론적 접근)

  • Cho, In-Sung
    • Korean Business Review
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    • v.21 no.1
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    • pp.1-17
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    • 2008
  • This article examines the establishment of the game theoretic model for the cleaner vehicles and analyzes the established model. We discuss the way to represent the players' preferences over the outcomes to make the model applicable in real practice. In this article we employ the real data to represent the preferences. In the analysis of the model we consider various scenarios and discuss how we can use GAMBIT, which is a game theory analysis software, to find solutions in each proposed scenario.

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The Virtual Simulation Data Element based on LMS (LMS 기반의 가상 시뮬레이션 데이터 요소)

  • Oh, Sang-Hun;Son, Nam-Rye
    • Journal of Digital Convergence
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    • v.4 no.1
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    • pp.17-30
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    • 2006
  • Recently, Modeling and Simulation, which have been received attention in various in dustries such as national defence, eduction and entertainment, have been researched, and related applications have been developed actively. Especially, it is focused on the to chnology of a virtual reality and a virtual simulation which represents the implementation technology for the simulation education related to the e-Learning industry. However, a solution is needed to fulfill the lack of technology and research about standardize d data elements which could be applied to virtual simulation technologies in common. Therefore, this article suggests the virtual simulation data elements to increase the educational effect of a virtual simulation and interoperability of data among LMS through reference to korean and international standards and the result of related area analysis. In other words, this article aims to define the expression of data element and to propose the guideline elements in the virtual simulation scope.

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Rayleigh Method and Ritz Method (Rayleigh 방법과 Ritz 방법)

  • Park, Bo-Yong
    • Transactions of the Korean Society of Automotive Engineers
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    • v.17 no.4
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    • pp.108-117
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    • 2009
  • Leissa claimed in his article that the Rayleigh method is not the same as the Ritz method for determining natural frequencies and its corresponding mode shapes and contended that Rayleigh's name should not be attached to the method. The present article examines the methods in viewpoint of admissible functions and its minimization process, and of the historical developments. It concludes that Leissa's assertion is relevant, although Rayleigh did apply a conceptual theory systematized from the Lagrange method, and given 38 years earlier than Ritz's 'masterly exposition of theory'.

Development and Situation of Chinese Forest Resources

  • Cheng, Ming;Ahmed, Sheikh Ali;Chun, Su-Kyoung;Kim, Jong-In
    • Journal of the Korea Furniture Society
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    • v.17 no.4
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    • pp.15-26
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    • 2006
  • This article is composed of three parts in this article. The first part reviews, in the general, condition on Chinese forest resource history and analyzes the change in different historical times. The present condition and existing problems are discussed in the second part, where analyzes the existing problems in different distribution areas. In the third part, the solutions are raised to solve the problems mentioned in the second part. Finally the objective and strategy for sustainable development of Chinese forest resources are put forward.

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The Use Of Elements Of Innovative Pedagogical Technologies In Educational Activities

  • Barba, Ihor;Riazantsev, Lev;Koturha, Oleh;Poliakov, Serhii;Bondarets, Nadiia
    • International Journal of Computer Science & Network Security
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    • v.21 no.12
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    • pp.117-122
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    • 2021
  • The article considers the position of scientists on the concept of "pedagogical technology", identifies the signs of pedagogical technology and existing classifications, considers non-traditional (innovative) learning technologies, as well as their practical forms of application in the educational process, summarizes the results, makes recommendations for the practical application of the studied material. The article considered the basic concepts of pedagogical technology, as well as some types of non-traditional (innovative) teaching technologies. Also, examples of the use of some elements of innovative technologies in practical educational activities are given. The choice of specific non-traditional pedagogical technologies is determined by the target orientation, content specificity, individualization of training, technical equipment of the educational institution, etc.

Legal regulations on telemedicine and their problems (원격의료에 대한 법적 규제와 그 문제점)

  • Hyun, Doo-youn
    • The Korean Society of Law and Medicine
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    • v.23 no.1
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    • pp.3-33
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    • 2022
  • In relation to telemedicine in Korea's medical law, there are Articles 17, 17-2, and 34 of the Medical Act. Since 'direct examination' in Articles 17 and 17-2 of the Medical Act can be interpreted as 'self-examination' rather than 'face-to-face examination', it is difficult to see the above regulation as a regulation prohibiting telemedicine. Prohibiting telemedicine only with the concept of medical examination or the 'principle of face-to-face treatment' is against the principle of "nulla poena sine lege"(the principle of legality). However, in order to qualify as 'examination', it must be faithful enough to replace face-to-face examination, so issuing a medical certificate or prescription after a poor examination over the phone is considered a violation of the Medical Act. In that respect, the above regulation can be said to be a regulation that indirectly limits telemedicine. On the other hand, most lawyers interpret that telemedicine between medical personnel and patients is completely prohibited based on Article 34, and the Supreme Court recently ruled that such telemedicine is not permitted even if there is a patient's request. However, this interpretation is not only far from the legislative intention at the time when telemedicine regulations were introduced into the Medical Act of 2002, but also does not match the needs of reality or the legislative trend of foreign countries. The reason is that telemedicine regulations are erroneously legislated. The premise of the legislation is wrong, and there are considerable problems in the form and content of the legislation. As a result, contrary to the original legislative intent, telemedicine was completely banned. In foreign countries, it is difficult to find cases where telemedicine is completely banned and criminal punishment is imposed for it. In order to fundamentally solve the problem of telemedicine, Article 34 of the Medical Act needs to be deleted.

Interim Relief in International Commercial Arbitration (국제상사중재(國際商事仲裁)에 있어서 중간보전조치(中間保全措置))

  • Lee, Kang-Bin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.131-149
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    • 2000
  • In connection with international commercial arbitration the need to seek interim relief is generally recognized. Interim reliefs address the requirements of a party for immediate and temporary protection of rights or property pending a decision on the merits by the arbitral tribunal. The most common forms of interim relief are attachments and injunctions. If the arbitral tribunal has not yet been appointed, an application for interim relief must usually be addressed to the local courts at the place of commercial arbitration. If the arbitral tribunal has been appointed, the application for interim relief is first made to the arbitral tribunal. Interim relief by the arbitral tribunal is in the form of a direction to the parties. Since the arbitral tribunal has no enforcement power, it may be necessary to have a arbitral tribunal's direction confirmed by a local court which can enforce its order. The New York Convention does not provide for interim reliefs. The question is whether Article II(3) of the New York Convention that the court "shall, at the request of one of the parties, refer the parties to arbitration" denies jurisdiction to courts to grant interim reliefs in international commercial arbitration. Some cases have indicated that the U. S. court have no power to grant interim relief. Other cases have indicated that the U. S. courts do have the power to grant interim relief. It is unlikely that a U. S. court will order interim relief in relation to an commercial arbitration in a foreign country. Article 26 of the UNCITRAL Arbitration Rules provides with respect to interim measures of protection. Section 1 of Article 26 of UNCITRAL Arbitration Rules provides that the arbitral tribunal may take any interim measures it deems necessary in respect of the subject matter of the dispute, including measures for the conservation of the goods forming the subject matter in dispute. This article gives the arbitral tribunal the broadest authority, not limited to safeguarding property. Article 17 of the UNCITRAL Model Law on International Commercial Arbitration provides that the arbitral tribunal may order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject matter of the dispute. It may be noted that the article does not deal with enforcement of such measures. The International Chamber of Commerce Rules of Conciliation and Arbitration do not expressly empower the arbitral tribunal to grant interim reliefs. However, Article 8.5 of the ICC Rules of Conciliation and Arbitration provides that the parties shall be at liberty to apply to any competent judicial authority for interim measures. In conclusion, the power of the arbitral tribunal to provide interim reliefs is generally recognized in the arbitration rules of arbitral institutions. However, the arbitral tribunal's authority is limited by its lack of enforcement mechanisms. It is generally recognized that the local courts have power to grant interim reliefs in aid of an commercial arbitration. However, local courts are reluctant to grant interim reliefs if that decision requires an adjudication of issues within the special competence of the arbitral tribunal.

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Trends in Domestic and Foreign Clinical Research on Ultrasound-Guided Acupuncture

  • Kim, Bo Hyun;Yook, Tae Han;Song, Beom Yong;Choi, Yoo Min;Shin, Jin Hyeon;Lee, Sanghun;Jeon, Young Ju;Noh, Je Heon;Kim, Jong Uk
    • Journal of Acupuncture Research
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    • v.35 no.4
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    • pp.214-218
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    • 2018
  • Background: The purpose of this study was to analyze domestic and foreign clinical research into ultrasound-guided Oriental medicine acupuncture. Methods: Ultrasound-guided Oriental medicine acupuncture studies were retrieved from PubMed, CNKI, KISS, NDSL, and OASIS. Results: Of 6,260 articles, 17 articles were selected. There was 1 article in 2004, 1 in 2008, 2 in 2011, 1 in 2012, 4 in 2013, 3 in 2016, 2 in 2017, and 3 in 2018. Of the 17 selected articles 6 articles were studies of omalgia, 4 of knee pain and 2 of peroneal nerve palsy. In addition, there was 1 article of occipital headache, 1 of neck pain, 1 of tarsal tunnel syndrome, 1 of angioma and 1 of hiccup. In these 17 studies the ultrasound frequency range where mentioned, was 5-14 MHz. Conclusion: This study provided basic data as reference for the design of more diversified and systematic clinical research in the domestic Oriental medicine community in the future.

A Study on the Plastic Arts of the Clothes in the Baroque Architecture and Crafts of the 17th (17세기 건축공예에 나타난 바로크양식과 복식에 표현된 조형성에 관한 고찰)

  • 김영자
    • Journal of the Korean Home Economics Association
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    • v.20 no.1
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    • pp.37-45
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    • 1982
  • The plastic arts, which has substantially been regarded as a part of aesthetic activities originated in the artistic forms reflects interrelated aspects of the times. With this viewpoint, this article will attempt to trace the historical background and characteristics of the plastic arts in the 17th of Europe, and will observe its artis artistic qualities and aesthetic appearances shown in the Baroque architecture, industrial arts and costumes. The contents are as follows; 1. The Historical Background and Characteristics of the Plastic Arts and Its Artistic Qualities. 2. The Plasticity in the Baroque Architecture and Industrial Arts 3. The Plasticity in the Baroque Costumes.

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