• Title/Summary/Keyword: BREACH

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A Case Note on the Medical Negligence of Traditional Chinese Herbal Medicine in the UK

  • Lee, Hai Woong
    • Journal of Society of Preventive Korean Medicine
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    • v.18 no.3
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    • pp.105-115
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    • 2014
  • Objective : Traditional medicine (TM) has been playing its role in national healthcare system and it is taken as complementary and alternative medicine (CAM) from the viewpoint of modern Western medicine. In the UK, not a few practitioners of Traditional Chinese Medicine (TCM) are working as CAM practitioners using herbal medicine and acupuncture therapy. Cases of dispute in the TCM practice are not rare these days because patients who take TCM service are increasing by year. Method : In the UK, dispute cases of the Traditional Medicine of East Asia can be found these days, however, it is hard to find a reported court case. A medical dispute case of TCM will be analysed to see the legal management and the resolving principle in the alternative medicine practice with some cases of Korean Medicine (KM) being discussed. Results : The usual pattern of clinical negligence can be discussed from the points of a duty of care, breach of that duty by negligence, and the harm to the patient from that breach of duty. The judge followed this procedure In this case to discuss the claims. The department of health proposed to introduce regulation to provide the reasonable quality in TCM practice, and the governmental system would be essential to regulate both the TCM practice and practitioners. Conclusion : The dispute case of traditional Chinese herbal medicine (TCHM) practice is important for the clinical negligence in TCHM practice. Judging the negligence of a TCHM practitioner involves the conventional negligence principle in tort law, and the TCHM practitioners are required to keep up with the up-to-date information on the related medical specialty. The reasoning is almost the same as that shown in the court case of Korea. The TCHM practice in the UK needs to be under the regulation by the government. The standard of care we expect of a TCHM practitioner is a further matter to discuss from the healthcare and social viewpoints.

Applying Methodology of Physical-Based Dam Breach Model (물리기반 댐 붕괴 모형 적용 방안)

  • Kim, Keuk-Soo;Kim, Ji-Sung;Kim, Yong-Jeon;Kim, Won
    • Proceedings of the Korea Water Resources Association Conference
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    • 2011.05a
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    • pp.428-428
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    • 2011
  • 댐은 우리사회에 다양한 이익을 제공하는 반면 과거의 댐 붕괴 사례에 비추어 볼 때 붕괴로 인한 피해 규모는 막대하다. 세계 각국에서는 기존 댐들에 대한 잠재적 붕괴에 대비하기 위해 비상대처계획(Emergency Action Plan, EAP)과 같은 대책을 수립하여 붕괴로 인한 피해를 최소화하기 위한 노력을 기울이고 있다. 댐붕괴 모델링은 크게 댐 결괴부에 대한 예측과정과 댐 붕괴로 인한 하류부 홍수추적 과정으로 분류할 수 있다. 결괴부 예측과정은 댐붕괴로 인한 저수지 유출량에 가장 큰 영향을 미치는 부분이며 하류부 영향지역의 평가에도 매우 중요한 요소이다. 댐붕괴 예측모형은 결괴부에 대한 예측에 따라 매개변수 기반 모형과 물리기반 모형으로 분류된다. 매개변수 기반모형은 결괴형성과정을 단순 시간에 의한 함수로 고려하고 있으며 결괴부를 통한 흐름은 위어흐름으로 가정하고 있다. 이 모형은 현재 댐 붕괴 실무에서 가장 널리 이용되고 있으며 대표적인 모형은 FLDWAV/ DAMBRK 모형, HEC-RAS 모형 등이 있다. 물리기반 모형은 댐 붕괴진행 과정의 상세한 이해를 위해 시작되었으며 결괴부 흐름상황, 제체 침식, 제체가 불안정해지는 과정을 수리실험과 수리학, 토질역학, 구조역학 등의 이론을 통합하여 예측하는 기법으로 댐붕괴 과정을 좀 더 현실적으로 예측할 수 있으며 기존 붕괴된 댐들에 대한 붕괴 원인 및 진행과정을 규명할 수 있는 장점을 가진다. 최근 개발된 물리기반 댐 붕괴 모형은 HR-BREACH 모형, WINDAM 모형, FIREBIRD 모형 등이 있으며 지속적으로 연구되고 있다. 본 연구에서는 현재 진행 중에 있는 물리기반 댐 붕괴 모형들을 검토하고 현재 USDA, ARS에서 개발 중에 있는 WINDAM 모형을 이용하여 물리기반 모형의 수행에 요구되는 입력변수, 수행과정, 결과물에 대한 검토를 통해 댐 붕괴 관련 연구의 발전 방향을 모색하고 국내에서 물리기반 댐 붕괴 모형을 적용하기 위해 요구되는 사항과 한계점을 파악하여 댐 붕괴 실무로의 적용 방안을 마련하는 데 그 목적이 있다.

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The Breach and Distance between Language and Experience (언어와 경험: 괴리와 거리)

  • Noh, Yang-jin
    • Journal of Korean Philosophical Society
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    • v.116
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    • pp.59-78
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    • 2010
  • The main purpose of this paper is to show how the notion of the language-experience correspondence is ill-grounded, and that the notion of 'literal meaning' based on it accordingly goes nowhere. Drawing on the experientialist view, I observed that language itself is a system of signs, and thus is given meaning only by way of symbolization. According to the experientialist account, the meaning of a signifier is given by means of "symbolic mapping." in which a certain portion of experience-content is mapped onto the signifier. And since symbolic mapping is partial by nature, there must come in some breach between the signifier and the experience-content mapped onto it. The partial nature of symbolic mapping repudiates the very notion of correspondence, and accordingly the notion of literal meaning. Rather, meanings are produced by means of the varied distances between the signifier and the mapped experience. In this perspective, the inquiry into the nature and structure of meaning should become part of one into that of symbolic experience. Such an inquiry may not be expected to reach the objectivity of linguistic meaning. Instead, we may be content with the relative stability in communication, which seems to be grounded in the commonality conspicuously observed at the bodily level of human experience.

The Safe Port Warranty Undertaking for Shipowner by Time Charterer -Evidence from the Ocean Victory Case- (국제해운계약상 정기용선자의 선주에 대한 안전항담보의무에 관한 연구 -Ocean Victory호 사건을 중심으로-)

  • HAN, Nak-hyun;JOO, Se-hwan
    • The Journal of shipping and logistics
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    • v.34 no.4
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    • pp.583-613
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    • 2018
  • This study analyse the safe port warranty undertaking for shipowner of time charterer with the Ocean Victory Case. Litigation ensued between those in the charterparty chain. When the hull insurer, Gard, took an assignment of the rights of the vessel's owners and demise charterers in a claim against the time charterers that the vessel had been ordered by them to an unsafe port in breach of the charter. Although the claim succeeded, the Court of Appeal overturned the decision. The Supreme Court delivered its judgment on May 10, 2017, dealing with three important issues, safe port, joint insurance, and limitation of liability. Especially on the safe port issue, the court held that the port was not unsafe within the meaning of the safe port undertaking so the charterers were not in breach of it. The conditions in the port amounted to an abnormal occurrence as that expression is understood.

Commentary on the Seoul High Court's Judgement for the Formation and Performance of Contract for the International Sale of Goods (국제물품매매계약의 성립과 이행에 관한 서울고등법원의 판례평가)

  • Shim, Chong-Seok
    • Korea Trade Review
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    • v.43 no.4
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    • pp.27-50
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    • 2018
  • This study focuses on the judgement of Seoul High Court' regarding the formation and performance of contracts applying the CISG. The purpose of this study is to provide legal understanding to contracting parties involved in contract for the international sale of goods that can be considered in raising the understanding of the CISG within the scope of the subject. This study aimed at the legal validity of judgments, the defects in reason for judgments and legal standards that could be established. The main contribution of this study is summarizing the facts of judgments and arguments of the parties and furthermore, in accordance with the order, the judgment order of the court and the decision criteria of the application law, the CISG articles comment and interpretation on the formation of the contract, legal bases of fundamental breach of contract, termination of contract, concurrent fulfillment and other supplementary matters and so on.

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A Study on the Risks Excluded of Marine Insurance Claims (해상보험 클레임의 면책위험에 관한 고찰)

  • Jung Sung-Hoon;Choi Hyuk-Jun
    • Journal of Arbitration Studies
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    • v.15 no.2
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    • pp.125-162
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    • 2005
  • This paper examined excluded risks of insurer in marine insurance generally, and found out the existing studies on the excluded risks, which were accomplished partially and fragmentarily, to conduct a comparative analysis of marine insurance based on the general flow of claim adjustment. It arranges the existing studies to settle a dispute between the parties -insurer and assurer- and studies the excluded risk based on risk change of the insured by analyzing characteristic and class of security violation, and meaning, form, effect of risk change. it inquires into and analysis cases of the Korean Supreme Court related to the exclusion and illegal act of marine insurance to compare marine theorists' opinion with commercial law.

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Interobserver Variation in the Diagnosis of Gastric Epithelial Dysplasia and Carcinoma between Two Pathologists in Japan and Korea

  • Kushima, Ryoji;Kim, Kyoung-Mee
    • Journal of Gastric Cancer
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    • v.11 no.3
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    • pp.141-145
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    • 2011
  • Although the biological potential of gastric epithelial dysplasia (GED) as a precursor of gastric cancer has never been in doubt, the classification of these lesions has been controversial and fraught with marked variations in approach to diagnosis across the world. The complexity of cyto-architectural features has been considered to be of paramount importance for the diagnosis of carcinoma in Japan, while breach of the basement membrane and invasion into the lamina propria has been considered the sine qua non of malignancy and hence a pre-requisite for the diagnosis of cancer in the West. In Korea, although the incidence of gastric cancer is similar to Japan, the diagnostic approach to GED or cancer seems to lie midway between Western and Japanese criteria. In this review, we will discuss the difference in the diagnosis of GED and cancer between two pathologists working in the comprehensive cancer center located in Japan and Korea, one of the most prevalent areas in the world for gastric cancer.

Internal pressure in a low-rise building with existing envelope openings and sudden breaching

  • Tecle, Amanuel S.;Bitsuamlak, Girma T.;Aly, Aly Mousaad
    • Wind and Structures
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    • v.16 no.1
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    • pp.25-46
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    • 2013
  • This paper presents a boundary-layer wind tunnel (BLWT) study on the effect of variable dominant openings on steady and transient responses of wind-induced internal pressure in a low-rise building. The paper presents a parametric study focusing on differences and similarities between transient and steady-state responses, the effects of size and locations of dominant openings and vent openings, and the effects of wind angle of attack. In addition, the necessity of internal volume correction during sudden breaching, i.e., a transient response experiment was investigated. A comparison of the BLWT data with ASCE 7-2010, as well as with limited large-scale data obtained at a 'Wall of Wind' facility, is presented.

Detecting Rogue AP using k-SVM method (k-SVM을 이용한 Rogue AP 탐지 기법 연구)

  • Lee, Jae-Wook;Lee, Si-Young;Moon, Jong-Sub
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.24 no.1
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    • pp.87-95
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    • 2014
  • Under only authorized AP is allowable environment, rogue AP which is generated by a smartphone tethering can be a serious security breach. To solve rogue AP problem, this paper proposes classifying algorithm of Kernel Support Vector Machine using features of RTT data. Through our experiment, we can detect rogue AP from LTE mobile network.

Technological Trends in Cyber Attack Simulations (사이버 공격 시뮬레이션 기술 동향)

  • Lee, J.Y.;Moon, D.S.;Kim, I.K.
    • Electronics and Telecommunications Trends
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    • v.35 no.1
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    • pp.34-48
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    • 2020
  • Currently, cybersecurity technologies are primarily focused on defenses that detect and prevent cyberattacks. However, it is more important to regularly validate an organization's security posture in order to strengthen its cybersecurity defenses, as the IT environment becomes complex and dynamic. Cyberattack simulation technologies not only enable the discovery of software vulnerabilities but also aid in conducting security assessments of the entire network. They can help defenders maintain a fundamental level of security assurance and gain control over their security posture. The technology is gradually shifting to intelligent and autonomous platforms. This paper examines the trends and prospects of cyberattack simulation technologies that are evolving according to these requirements.