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A Study on Article 78 CISG: Interest on Sums in Arrears (CISG 제78조(연체이자(延滯利子) 청구권(請求權))에 대한 고찰(考察))

  • Kim, Tae-Gyeong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.31
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    • pp.3-25
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    • 2006
  • This study focus on interest for arrears and filling of the gaps left in Article 78 of CISG. In the case of CISG, Article 78 provides for interest any time a payment under a contract is untimely, but does not specify a particular rate of interest or a method to determine such a rate. This issue did not cause any uncertainty under ULIS, the CISG's antecedent, since Article 83 of ULIS provided for 1%p above the official discount rate in the creditor's country. Lacking any CISG general principle as well as any indication by the very same CISG, one can only conclude that the matter must be deferred to the domestic rule of private international law. Actually, resorting to private international law is not only admissible, but expressly required by Article 7(2). In the interpretation and filling of the gaps left in Article 78, there is a considerable difference of opinion especially amongst commentators on whether the gap is a lacuna praeter legem, i.e., one being governed by, but not expressly settled in the CISG, or whether it is an issue falling outside the scope of application of the CISG, i.e. a lacuna intra legem. The protagonists of the former view lay emphasis on the overall objective of the CISG, namely to create a uniform law, whereas the supporters of the latter view refer to the legislative history of Article 78 as the dominant principle in interpreting Article 78. Some authors believe that the issue of determining the rate of interest is not dealt with by CISG and it is, therefore, governed by the applicable domestic law, which is the subsidiary law applicable to the sales contract, since "no special connecting points seem to have developed for the entitlement to interest." In the light of the relevant case law, it seems correct to conclude that the interest rate is not determined by CISG and that courts normally determine it according to their own rules of private international law. While CISG Article 78 expressly does not deal with this issue, PICC Article 7.4.9 and PECL Article 9.508, on the other hand, set forth a precise method for computing interest. Although a method like the one set by PICC may be useful and may encourage uniformity, it still cannot be used under the CISG. The PICC or PECL formula may, however, be a very good starting point in a de jure condendum analysis when a new Article 78 will be drafted, if an interest rate method will ever be embodied in the text of an international convention.

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The Effect of Various Cleansing Methods for the Total Colonofiberscopy (대장청결법에 대한 고찰)

  • Yang, Hye-Zong;Woo, Myung-Hee
    • The Korean Nurse
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    • v.29 no.3
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    • pp.25-35
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    • 1990
  • It is a fact that there are recent increasing trends or incidence of the colorectal carcinoma among other colorectal diseases. In such trend, the early detection remain to be most important by the air contrast barium enema and total colonofiberscopy. There are several ways to prepare the colon for barium enema and colonofiberscopy which include several agents. The mechanical cleansing have been used most frequently since Brown's method was adapted to be most perfect for colon deansing. The ideal laxatives and enema solutions were limited to adequate dose, it's effectiveness, patient's diet and bowel habit, minimal side effect, low cost and simple to perform. In order to compare the effectiveness of various cleansing solutions, six experimental methods were formed as shown; 1. normal saline enema, 2. castor oil with normal saline enema, 3. castor oil with soap suds enema, 4. magnesium citrate with normal saline, 5. magnesium citrate with soap suds enema and 6. ingestion of Golyetly solution. The authors have compared and determined the degree of cleanness by an experienced endoscopist. The total number of patients was 247, age distribution was $43{\pm}15$ years old, and sex distribution was 133 males and 114 females. The grade I and II represented no difficulties at performing the colonofiberscopy, but grade ill and N had some difficulties, even unable to perform the colonofiberscopy. The effectiveness the cleansing agents, represented with grade I and II was 95.9% (47/49) in method 6, 93.2%(54/58) in method 2, 83.3%(30/33) in method 3, 70.0%(28/10) in method 5, 66.7%(16/24) in method i, and 45.7%(18/40) in method 4. Method 2 and 6 were the most effective in normal bowel habit patients. In constipated patients, method 6 was the most effective and all method except method 11 were effective in diarrhea patients. The degrees of less mucosal irritation by various bowel cleansing method were in the order of method 6(100%), 1(100%), 5(74%), 2(69%). In subjective symptoms and cleansing groups, abdominal distension, pain, nausea and vomiting were complained, and that's subject symptoms were in the order of method 3(88.9%), 6 (79.6%), 1(75%), 5(72.5%), 2(72.4%), 4(67.5%). In conclusion, we believe that the Golytely of the mechanical cleansing solution for colonofiberscopy was the most effective, but others depended on the patient's condition und bowel habit.

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A Study on Nutritional effects of Rat diet by Supplementing with Leaf or Trunk of Panax Ginseng (인삼(人蔘)의 잎(葉) 또는 줄기(莖) 첨가급식(添加給食)에 의(依)한 식이(食餌)의 영양효과(營養效果) 연구(硏究))

  • Lee, Sue-Hyong;Hwang, Woo-Ik
    • Journal of Nutrition and Health
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    • v.12 no.2
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    • pp.37-44
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    • 1979
  • Korea has produced large quantities of Panax Ginseng roots which have a stimulating effect on the metabolisma of protein, lipid and nucleic acids in the body. Authors believe that the lear and trunk of Panax Ginseng might have some components possessing a similar activity to Panax Ginseng root although the quantity and quality of the functional components may be somewhat different. Therefore, this study was designed to observe the nutritional effects of diet supplemented with the leaves or trunks of Panax Ginseng. Weanling(body weight; $82{\pm}3g$) male albino rats were subjected to six different dietary groups as followings; A groups; dietary groups which were treated with steam for 30 min at $115^{\circ}C}$. B Groups; dietary groups which were not treated with steam. A-C (or B-C) dietary group; Control for A groups(or B groups) containing 99% wheat flour. A-1 (or B-1) dietary group; dietary group supplemented with 2% leaf of Panax Ginseng, which replaced 2% wheat flour of control diet. A-2 (or B-2) dietary group; dietary group supplemented with 2% trunk of Panax Ginseng, which replaced 2% wheat flour or control diet. Each group of rats was maintained with the corresponding diet for 40 days. And then they were sacrificed. The growth rate, protein efficiency ratio, and the contents of lipid and cholesterol in organs were determined. The results obtained are summarized as follows;1) The gained body weights of dietary group supplemented with 2% leaf(A-1 and B-1) or 2% trunk(A-2 and B-2) of panax Ginseng were more increased in comparison to the corresponding control group(A-C and B-C). 2) The gained body weight of each group in A-group(A-C, A-I and A-2) was higher than that or each corresponding dietary group in B-group(B-C, B-1 and B-2). 3) The protein efficiency ratios of A-1 and A-2 dietary group, and B-1 and B-2 dietary group were more improved in comparison to the corresponding control group(A-C and B­C). 4) The lipid contents in the liver of A-1 and B-1 dietary groups were lower than in that of A-C and. B-C dietary group, respectively. According to the above results, it could be suggested that the nutritional value of the wheat flour can be improved by supplement of 2% leaf or 2% trunk of Panax Ginseng.

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Conformity Assessment of Color Measurement Methods (색도 측정방법의 적합성 평가)

  • Jeong, Gwanjo;Jo, Bumsu;Song, Mahnshik;Park, Hyeon;Lee, Jonggyu;Choi, Youngjune
    • Journal of Korean Society of Environmental Engineers
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    • v.35 no.6
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    • pp.442-448
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    • 2013
  • There are two approaches in measuring colors (or chromaticity) in water, i.e., visual comparison method and spectrophotometric method. The color of sample was determined by comparing with that of platinum-cobalt standard solution in the visual comparison method. Single or multiple wavelengths are used for the spectrophotometric method. As the accuracy and precision of visual comparison method depend on the eye sight of the analyzer, the results are not so reliable and representative. In addition, it is hard to measure chromaticity less than 5 TCU. Single wavelength approach in spectrophotometric method, can be applied for groundwater or surface water with natural organic matter (i.e., humic substances) while it's hard to measure the color of wastewater which includes anthropogenic chemical compounds. The measurements with multiple wavelengths approach resulted in reliable data regardless of the source of sample water, i.e., surface water and wastewater. As dozens of measurements and complicated calculations for one sample were required for the multiple wavelengths approach, the approach could not be applied for field measurement. In the present study, the authors tested efficient method which could measure the color of water sample accurately and precisely regardless of the source of water. With the colorimeter with multiple wavelengths and calculation program, the colors of water samples could be measured within 3~4 seconds with accuracy and precision.

A Study of Acute Stroke Patients (hospitalized at the oriental internal disease ward of Kyungwon University In-cheon Oriental Medical Hospital) according to the TOAST Classification (Trial of Org 10172 in Acute Stroke Treatment) (TOAST 분류에 의한 급성기 중풍(뇌중풍) 입원 환자 분석 (경원인천한방병원))

  • Jung, Ki-Yong;Go, Ho-Yeon;Jeong, Seung-Min;Hsia, Yu-Chun;Jung, Hee;Choi, You-Kyung;Kim, Dong-Woo;Han, Chang-Ho;Cho, Ki-Ho;Park, Jong-Hyung;Jun, Chan-Yong
    • The Journal of Internal Korean Medicine
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    • v.27 no.4
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    • pp.905-914
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    • 2006
  • Background and Purpose : The purpose of this study was to classify according to the TOAST classification (Trial of Org 10172 in Acute Stroke Treatment) acute stroke patients (first-ever stroke) treated at the Department of Internal Medicine of Kyungwon University In-cheon Oriental Medical Hospital. Methods : In the time period Oct. 2005 to Oct. 2006. 101 patients with a first-ever stroke admitted to the Department of Internal Medicine of Kyungwon University In-cheon Oriental Medical Hospital were included. Patients were hospitalized within 14 days after the onset of stroke. They had neurological deficits for a time more than 24 hours. We classified patients according to the original TOAST classification (Trial of Org 10172 in Acute Stroke Treatment) Results : The incidence in males was 54.4%, in females was 45.6%. Ischemic stroke (86.l%) was more common than hemorrhagic stroke (13.9%). The results of TOAST classification in this study were as follows: small-vessel occlusion, 72.4% large-artery atherosclerosis. 14.9 % cardioembolism, 4.6% stroke of other determined etiology, 4.6%: stroke of undetermined etiology, 3.5%. Patients in the small-vessel occlusion subgroup in this study were the most frequent. The result of this study is that Korean stroke registry is not in accordance with western medicine. Conclusions : The TOAST classification system is the most widely accepted tool to categorize stroke subtypes in western medicine, but in oriental medicine, it is not yet widely accepted. The authors suggest the general use of the TOAST classification to determine adequate management for stroke patients, to predict the prognosis and recurrence of stroke and to develop a Korean standard of stroke in oriental medicine.

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Analysis and Evaluation of the Earth Science Content Relevance in the 7th National Science Curriculum (제7차 과학과 교육과정 지구과학 내용의 적정성 분석 및 평가)

  • Lee, Yang-Rak;Kwak, Young-Sun;Kim, Dong-Young
    • Journal of the Korean earth science society
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    • v.26 no.8
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    • pp.759-770
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    • 2005
  • The purpose of this study is to examine the Earth science content relevance of the 7th national science curriculum. For this purpose, we (1) analyzed science curriculum or content standards of Korea, California, England and Japan, (2) compared science textbooks of Korea and Japan, (3) conducted a nationwide survey to gather opinions from students, teachers, professors and textbook authors about the relevance of the science curriculum and textbooks. According to the results, the Earth science contents of the 7th national science curriculum were not appropriate in terms of the objectives of science curriculum and the needs of students and society. The main reasons include the equal division among physics, chemistry, biology and earth science, iack of connection due to fractionation of units, overly strict application of spiral curriculum, and redundant amount of activities and concepts to cover in the textbook. Major suggestions fir securing the relevance of Earth science contents are as follows: First, the science contents and the size of units at each grade level should be determined according to the students' characteristics, not by equal portion rule. Second, the excessive overlapping and repetition of contents due to the spiral curriculum should be avoided. In addition, the number of activities should be reduced and the quality of required science activities should be improved. Third, to raise students' interest in Earth science, real-life applications and real-world Earth science contents should be emphasized including natural disasters, safety, universe and space exploration, and natural resources. Lastly, considering one of the relevance criteria is feasibility, supports for schools and science teachers are needed to realize the goal of the intended science curriculum.

The Accuracy of Imprint Cytology in the Intraoperative Diagnosis of Lymph Node Metastasis in Gastric Cancer Surgery (위암 수술 중 림프절 전이의 확인을 위해 시행한 수술 중 Imprint Cytology의 결과)

  • Lee, Young-Joon;Lee, Sung-Hyun;Park, Soon-Tae;Choi, Sang-Gyeong;Hong, Soon-Chan;Jung, Eun-Jung;Joo, Young-Tae;Jeong, Chi-Young;Ha, Woo-Song
    • Journal of Gastric Cancer
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    • v.5 no.3 s.19
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    • pp.186-190
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    • 2005
  • Purpose: Intraoperative assessment of lymph node status is important when performing limited surgery in gastric cancer patients. Currently available techniques are frozen section, imprint cytology, and other molecular methods, and most current studies use the frozen section method. In the present study, the authors focused on the accuracy and the feasibility of imprint cytology as a tool to assess the lymph node status intraoperatively in gastric cancer surgery. Materials and Methods: Between April 2001 and March 2003, we performed imprint cytology of the sentinel nodes of 260 consecutive patients. After review by an experienced cytopathologist, the sensitivity, the specificity and the overall accuracy were determined. Results: The time required for intraoperative imprint cytology was 8 minutes, and the sensitivity, the specificity and the overall accuracy were 52.2%, 88.8%, and 73.8%, respectively. Conclusion: Imprint cytology can be a useful technique for assessing lymph node status intraoperatively if the sensitivity and the specificity can be improved to an acceptable level.

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A Study on the Reduction of Organ Motion from Respiration (호흡 운동에 의한 내부 장기의 움직임 감소에 관한 연구)

  • Kim Jae-Gyoun;Lee Dong-Han;Lee Dong-Hoon;Kim Mi-Sook;Cho Chul-Koo;Yoo Seong-Yul;Yang Kwang-Mo;Oh Won-Yong;Ji Young-Hoon
    • Progress in Medical Physics
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    • v.15 no.4
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    • pp.179-185
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    • 2004
  • To deal with tumor motion from respiration is one of the important issues for the advanced treatment techniques, such as the intensity modulated radiation therapy (IMRT), the image guided radiation therapy (IGRT), the three dimensional conformal therapy (3D-CRT) and the Cyber Knife. Studies including the active breath control (ABC) and the gated radiation therapy have been reported. Authors have developed the device for reducing the respiration effects and the diaphragm motions with this device were observed to determined the effectiveness of the device. The device consists of four belts to immobilize diaphragm motion and the vacuum cushion. Diaphragm motions without and with device were monitored fluoroscopically. Diaphragm motion ranges were found to be 1.14 ~ 3.14 cm (average 2.14 cm) without the device and 0.72~1.95 cm (average 1.16 cm) with the device. The motion ranges were decreased 20 ~ 68.4% (average 44.9%.) However, the respiration cycle was increased from 4.4 seconds to 3.7 seconds. The CTV-PTV margin could be decreased significantly with the device developed in this study, which may be applied to the treatments of the tumor sited diaphragm region.

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Class prediction of an independent sample using a set of gene modules consisting of gene-pairs which were condition(Tumor, Normal) specific (조건(암, 정상)에 따라 특이적 관계를 나타내는 유전자 쌍으로 구성된 유전자 모듈을 이용한 독립샘플의 클래스예측)

  • Jeong, Hyeon-Iee;Yoon, Young-Mi
    • Journal of the Korea Society of Computer and Information
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    • v.15 no.12
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    • pp.197-207
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    • 2010
  • Using a variety of data-mining methods on high-throughput cDNA microarray data, the level of gene expression in two different tissues can be compared, and DEG(Differentially Expressed Gene) genes in between normal cell and tumor cell can be detected. Diagnosis can be made with these genes, and also treatment strategy can be determined according to the cancer stages. Existing cancer classification methods using machine learning select the marker genes which are differential expressed in normal and tumor samples, and build a classifier using those marker genes. However, in addition to the differences in gene expression levels, the difference in gene-gene correlations between two conditions could be a good marker in disease diagnosis. In this study, we identify gene pairs with a big correlation difference in two sets of samples, build gene classification modules using these gene pairs. This cancer classification method using gene modules achieves higher accuracy than current methods. The implementing clinical kit can be considered since the number of genes in classification module is small. For future study, Authors plan to identify novel cancer-related genes with functionality analysis on the genes in a classification module through GO(Gene Ontology) enrichment validation, and to extend the classification module into gene regulatory networks.

Factors Influencing the Intention of Admission into a Charged Nursing Home for the Elderly (유료노인전문요양원 입주의사 결정요인에 관한 연구)

  • Yoo, Young-Soon;Cho, Eun-Hi;Yu, Byung-Chul;Jeong, Ki-Won;Urm, Sang-Hwa;Kim, Sung-Jun;Chun, Jin-Ho
    • Journal of Preventive Medicine and Public Health
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    • v.34 no.1
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    • pp.1-8
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    • 2001
  • Objectives : To gather information about the factors which influence the interest and intention of admission into charging nursing hones for the elderly(CNH), as these homes represent an important method for resolving the problems related to the rapid population aging occurring in Korea. Methods : A face-to-face interview survey was carried out with 320(men 159, women 165) patients over 60 years old who were admitted at 2 university hospitals and 5 general hospitals in the Busan area between December 1998 and March 1999. Data were analyzed through t-test, ANOVA, correlation and multiple regression analysis. Results : The mean age and years of education of the study population was 67.0 and 7.7 years, and the types of chronic degenerative disease included musculoskeletal disorders(20.1%), cerebrovascular disease(17.1%), and diabetes(14.3%). The major forms of household living arrangement prior to admission were elderly alone(22.6%), and elderly couple(33.5%), while about half of them(55.5%) didn't want to live with their children id the future. Almost half were paying medication fees by themselves(46.6%). The level of actual intention of admission$(3.07{\pm}1.39)$ into a CNH was lower than that of interest$(3.22{\pm}1.33)$(p<0.01). Multiple analysis revealed that the intention of admission increased with decreasing number of future supportive persons$(\beta=-0.107)$, lower level of activity in daily life$(\beta=-0.447)$, and longer years of education$(\beta=-0.447)$ with 32.7% of $R^2$. As for the factors which determined the admission into a CNH, the fee and facilities were considered to be most important, and professional nursing and physician's care were the most desired services. In nomenclature, they preferred 'elderly hospital' or 'elderly health center' to CNH. Conclusions : Interest in CNH is increasing recently, but existing studies about patient experiences in CHN are still limited. This study may form a basis for future examinations of the needs and uses for CNH. Active financial support and public information are considered by the authors to be important factors for the induction of welfare services for the elderly, though CNH.

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