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A Case Study on Battle of Forms in International Commercial Contracts (국제상사계약에서 서식분쟁 사례에 관한 연구)

  • Han, Na-Hee;Ha, Choong-Lyoung
    • Korea Trade Review
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    • v.42 no.5
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    • pp.19-42
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    • 2017
  • Nowaday typically international commercial transaction, buyer and seller communicate with each other using standard forms. So called "the battle of forms" results from the exchanges of these forms. There are several problems that have to be solved in the battle of the forms. For example, Do the exchanges of the different terms form a contract? What are the contract terms? Which party's terms could apply? etc. Around the world, two basic types of rules are applied to solve the problem as to the battle of forms : last-shot rule and knock-out rule. In 2015, Hague Conference in Private International Law finally approved Hague Principles. The principles deal with the battle of the forms. Also in 2013, CISG Advisory Council adopted the "Black letter rules" to provide an effective way of resolving regarding the inclusion of standard terms under the CISG. This study would try to comprehensively review the battle of forms concerning Hague Principles and CISG. The aim of this study is to propose the most appropriate way to resolve the problem of the battle of forms both parties.

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Formative Characteristics of Graffiti in Fashion Since 2000 (2000년 이후 패션에 나타난 그라피티 이미지의 조형적 특성)

  • Ryu, Hyun-Jung
    • Journal of the Korea Fashion and Costume Design Association
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    • v.13 no.1
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    • pp.159-167
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    • 2011
  • The purpose of this study is to understand graffiti images in fashion trends since 2000 and to play a guiding role in the development of fashion designs. The methods of this study are an academic literature review as well as practical study through actual case studies about. The formative characteristics of graffiti in fashion since 2000 are summarized as amusement, abstract and improvisation as follows. First, amusement graffiti is humble, weak and unfinished, but the immature and informal characters give people vitality, composure and enjoyment. It stirs up memories of childhood and induces a close affinity and comfort, and so It expresses relaxing and cozy desire. Second, abstract graffiti represents ambiguity and obscurity beyond form. It is born by reacting to equality, symmetry, mechanism, man-created beauty and the completeness of modernism. The characteristics are disorder, uncertainty, incompletion, uniformity, freedom, nature and so on. Third, improvisation graffiti is deeply related to 'indeterminacy' of post modernism which cannot forecast a perfection. This is more important as a process than an effect. Improvisation pursues humanism which denies perfection and determinacy by reaction of new technology.

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The Development of Basic Skill Program and e-Learning Contents ; self-development capability for Vocational High School Students (직업기초능력 프로그램 및 e-Learning 콘텐츠 개발 연구 -전문계고생의 자기개발능력을 중심으로-)

  • Byun, Sook-Young;Lee, Soo-Kyoung
    • Journal of Digital Contents Society
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    • v.11 no.3
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    • pp.349-356
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    • 2010
  • This study was to develop improving vocational basic skill program and content which are basic of instruction-learning ability for the vocational education substantiality. To pursue this goal, 'self-development capability' among vocational basic skills was developed through the research methodology and procedure. The interpersonal relation capability was selected as one of vocational basic skill areas when it was more effective by e-learning contents through literature review, expert conference etc. The self-development capability can be self-control and development under performing business tasks. In this study, self-development capability was programmed a interpersonal scheme, a cooperative capability, a leadership capability, a conflict management, negotiation capability, and a customer service capability. Especially this program was developed as a form of e-Learning contents focusing on improving problem solving under real case using multimedia strategies such as movies, simulation, game.

Double Outlet Left Atrium: A rare form of the atrioventricular septal defect with malposition of the atrial septum (좌심방 양심실 연결증 [DOLA])

  • Lee, Jae-Won;Seo, Gyeong-Pil
    • Journal of Chest Surgery
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    • v.18 no.2
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    • pp.273-278
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    • 1985
  • The case of a patient with abnormal position of the atrial septum resulting in a left atrium with two atrioventricular valves and a disconnected right atrium is presented with review of related articles. Anatomic details showed atrial situs solitus and a left sided cardiac apex. The right atrium received both venae cavae and a coronary sinus. No AV valve was found in the right atrium, and the floor of this chamber was placed above the posterior wall of right ventricular chamber. The atrial septum with secundum ASD was displaced to right anteriorly at its lower portion and inserted to right of tricuspid annulus. The tricuspid and mitral valve configuration was that of so-called partial ECD, i.e. mitral cleft with large anterior mitral leaflets. The ventricular septum was intact and both ventricular chambers were equally well developed with normal relationships. Surgical repair of this anomaly was performed by resecting the abnormally positioned lower part of the atrial septum, repairing the cleft of the anterior mitral leaflet, and septating the atrium for diverting the systemic and pulmonary venous blood to RV and LV, respectively.

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Survey on the Need to Develop Training Educational Program for Oriental Medical Clinical Trial (한의약 임상시험 전문인력양성 교육프로그램 개발의 필요성에 대한 설문조사)

  • Shin, Seon-Hwa;Oh, Dal-Seok;Kim, Bo-Young;Choi, Sun-Mi
    • Korean Journal of Oriental Medicine
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    • v.13 no.2 s.20
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    • pp.127-133
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    • 2007
  • Objectives : This study were aimed to estimate the needs for clinical research educational program development focused on oriental medicine. Methods : Department Medical Research of Korea Institute of Oriental Medicine surveyed 204 certified subjects in total by using web-based questionnaires through e-mail from Jan. 17th to Jan. 31th, 2007. Reply from 62 on-line correspondents were collected and statistically analyzed. Results : The number of clinical trial involving oriental medicine continues to increase. According to the survey, many Issues were raised as problems such as difficulty of recruitment, lack of fund and lack of stepped program. Emphasized issues were clinical research methodologies, development of protocols and case report form (CRF), and Regulations including Institutional Review Boards (IRBs) in these three consecutive education training program. Conclusion : The results of this study may contribute to the development of an educational program for oriental medicine, a program that should be taken into consideration for developing practical items, such as, problem-based learnings which reflects participants' actual needs in their works. Also this report be used for future strategy plans and execution of training program for oriental medical clinical trial.

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A Case of Familial IgA Nephropathy (가족성 IgA 신병증 1례)

  • Kim, Yu-Jin;Kim, Wun-Kon;Yoon, Shin-Ae;Lee, Jin-Seok;Ha, Tae-Sun
    • Childhood Kidney Diseases
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    • v.15 no.1
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    • pp.81-85
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    • 2011
  • IgA nephropathy is the most common form of primary glomerulonephritis and chronic glomerular disease worldwide including Korea. Familial gathering of IgA nephropathy suggests that genetic factors contribute to the development of this disease. Although there have been many reports on familial IgA nephropathy with genetic analysis and their pedigrees, there has been few reports in Korea. We reported a partial familial IgA nephropathy pedigree with a brief review of the literatures.

A Study on the Physical Environment of Local Traditional Markets located in Chungbuk Province - Centering on Mugeuk, Samseong, and Boeun Traditional Markets - (충북지역 읍면소재 소도읍 전통시장의 물리적 환경 특성과 개선에 관한 연구 - 무극, 삼성, 보은 3개 전통시장을 사례로-)

  • Kim, Young-Hwan
    • Journal of the Korean Institute of Rural Architecture
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    • v.15 no.2
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    • pp.1-8
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    • 2013
  • Traditional markets located in local small towns have effected local economies and culture for a long time, but their current situation is not so good. In this context, this paper tries to find out the physical characteristics and problems of local traditional markets and to extract some suggestions to improve them. For this, I selected three traditional markets as case study areas such as Mugeuk, Samseong, and Boeun located in local small town in Chungbuk Province. Using the diverse survey methods including theoretical review, basic data analysis, field survey, and questionnaire study, I examined physical features such as location, spatial structure, type of business, streetscape, and convenient facilities in the designated markets. Finally, based on this, I proposed some suggestions on the improvement of traditional markets located in local small towns as followings; expand and improve the convenient facilities, enforce the image of entrance, boost and form groups of specified business, reflect the local characteristics, and amend the related institution etc.

Improved Functional Characteristics of Whey Protein Hydrolysates in Food Industry

  • Jeewanthi, Renda Kankanamge Chaturika;Lee, Na-Kyoung;Paik, Hyun-Dong
    • Food Science of Animal Resources
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    • v.35 no.3
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    • pp.350-359
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    • 2015
  • This review focuses on the enhanced functional characteristics of enzymatic hydrolysates of whey proteins (WPHs) in food applications compared to intact whey proteins (WPs). WPs are applied in foods as whey protein concentrates (WPCs), whey protein isolates (WPIs), and WPHs. WPs are byproducts of cheese production, used in a wide range of food applications due to their nutritional validity, functional activities, and cost effectiveness. Enzymatic hydrolysis yields improved functional and nutritional benefits in contrast to heat denaturation or native applications. WPHs improve solubility over a wide range of pH, create viscosity through water binding, and promote cohesion, adhesion, and elasticity. WPHs form stronger but more flexible edible films than WPC or WPI. WPHs enhance emulsification, bind fat, and facilitate whipping, compared to intact WPs. Extensive hydrolyzed WPHs with proper heat applications are the best emulsifiers and addition of polysaccharides improves the emulsification ability of WPHs. Also, WPHs improve the sensorial properties like color, flavor, and texture but impart a bitter taste in case where extensive hydrolysis (degree of hydrolysis greater than 8%). It is important to consider the type of enzyme, hydrolysis conditions, and WPHs production method based on the nature of food application.

Retromandibular approach for the management of subcondylar fractures, followed by treatment of parotid gland fistulae: Case report (하악 과두하 골절시 후하악 접근법에 의한 수술 후 발생한 이하선 누공 형성과 이에 대한 치료 증례)

  • Ro, Jae-Chan;Kim, Ju-Won;Yang, Byoung-Eun
    • The Journal of the Korean dental association
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    • v.55 no.10
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    • pp.696-705
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    • 2017
  • Condylar fractures account for one-third of all mandibular fractures. There are many surgical methods for the open reduction of condylar fractures, such as the transoral, submandibular, preauricular, and retromandibular approaches. Two patients suffering from condylar fractures, a 45-year-old man and a 25-year-old man, were admitted to our hospital. Both patients' condylar fractures were positioned too high for us to use the transoral approach. Therefore, we employed the retromandibular method to expedite the approach to the fracture site and minimize the size of the incision. After the surgical procedures in both cases, we experienced complications in the form of parotid gland fistulae, which rarely result from the retromandibular approach. A combination of botulinum toxin injection and amitriptyline medication was effective for the management of these parotid gland fistulae. Here, we report these two cases and offer a review of the literature on this article.

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A Study on Interpretative Principles Comparison of CISG.PICC.MISC for the Int'l Sales Contract of Goods (국제물품판매계약(國際物品賣買契約)을 위한 CISG.PICC.MISC상(上)의 해석원칙비교(解釋原則比較))

  • Oh, Se-Chang
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.83-103
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    • 2000
  • Through the this paper, a conclusion could be derived from CISG PICC MISC made by UNIDROIT, UNCITRAL, ICC of representative system making out a draft for uniform law, convention, trade usages. (1) In short, like most int'l sales rules applicable to commercial contracts, these rules play a supporting role, supplying answers to problems arising from transaction between the parties. (2) Though every one has in its own way a special feature, use of MISC made on the basis of actual facts which the parties are faced with their daily transactions, CISG and Incoterms being now in force, is desirable. (3) In case of use of MISC similar to a system of Incoterms, as PICC, it is necessary for MISC to set forth definitions about important terminology which is possible to give concerned parties confusion. (4) In a sense, PICC has a character complementing problems which CISG can not solve, therefore, if int'l agreement is given, it is desirable to adopt revised PICC adding specials conditions (A) of MISC as appendix of PICC such as Llouyd's Form in an appendix to MIA, as int'l convention.

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