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A study on the Application of the Contra Proferentem Rule in the Interpretation of Marine Insurance Policies (해상보험증권의 해석상 작성자 불이익의 원칙의 적용에 관한 연구)

  • Seong-Hoo Kim;Nak-Hyun Han
    • Korea Trade Review
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    • v.45 no.5
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    • pp.279-301
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    • 2020
  • In the absence of any guidance under statutory law, such as the Rules for Construction of Policy, MIA 1906, judges should follow the general principles of interpretation that apply to all contracts. In simple terms, Contra Proferentem Rule means that if the contents of the terms and conditions are ambiguous, they are interpreted against the writer of the terms and conditions. In the Anglo-American Contract Law, the 'default rule' is an important judicial tool that can supplement defects in contract norms and reinforce the principle of private autonomy through gap-filling techniques related to the interpretation of contracts. In Korea, it is sometimes mentioned in case of precedent, and it has been established as a clear rule. This study analyzes the interpretation of terms and conditions is not in the form that the interpretation of other general contracts and other interpretation principles are valid, but contracts based on terms and conditions are also contracts, and as a general rule, the interpretation of terms and conditions is explained like the general contract interpretation.

A study on the thematic types, expression techniques, and impact of body positive movement content on the short clip platform TikTok (쇼트 클립 플랫폼 틱톡(TikTok)에 나타난 보디 포지티브 무브먼트 콘텐츠의 주제 유형 및 표현기법)

  • Koh Woon Kim
    • The Research Journal of the Costume Culture
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    • v.32 no.1
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    • pp.17-37
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    • 2024
  • This study examines the rise of the Body Positive Movement on TikTok and its role as a form of online content activism influencing the fashion design and industry. Through a combination of literature review and case study methodology, the study explores the expression techniques and thematic types of Body Positive Movement on TikTok. Reviews of literature, previous studies, online articles, fashion journals, and relevant search terms on TikTok informed a definition of Body Positive Movement and an analysis of its formation and rise. The research findings confirm the impact TikTok content on Body Positive Movement has on the fashion industry in addressing external factors (i.e., 'Appearance', 'Race', 'Aging', 'Physical Disability') and intrinsic factors (i.e., 'Acceptance of Diversity', 'Self-Esteem', 'Rejection of Stereotypes', 'Appropriate Representation', 'Information Provision'). The key external factor , 'Appearance', includes subcategories such as 'Body Shape', 'Body Hair', 'Skin', and 'Facial Features'. TikTok content creators on fashion creatively combine music, emojis, and visual storytelling to exhibit positive self-perception concerning these factors. A significant finding of the study is that short clips predominantly manifesting external factors differentiate into informative or enlightening videos associated with intrinsic factors. The study underscores Body Positive Movement's important influence on the fashion industry from design to presentation.

Layout Principles of Renaissance Classicism Architectural Style and Its Application on Modern Fashion Design - Focused on Classic Style Fashion after the Year 1999 - (르네상스 고전주의 건축양식의 조형원리와 현대패션디자인에의 적용 - 1999년 이후 클래식 스타일 패션을 중심으로 -)

  • Lee, Shin-Young
    • The Research Journal of the Costume Culture
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    • v.18 no.2
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    • pp.261-276
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    • 2010
  • The analysis of an art trend in the principle dimension starts by observing the object of work in the perspective of formative composition and recognizing it as a universal system. It can be said that it is consistent with an interpretation method for a form theory of formal history by Heinrich W$\ddot{o}$lfflin, a leading form critic in art criticism. Hence, the purpose of this study was to find out what are the formative principles in Renaissance Classicism as a design principle to be applicable to modern fashion by reviewing the formative characteristics of Renaissance Classicism Architecture with which W$\ddot{o}$lfflin directly dealt. As for the theoretical literature review, I used W$\ddot{o}$lfflin's theoretical framework and looked at the Renaissance Classicism Architecture that he studied and examined the possibility of utilizing his theory as a layout principle and the characteristics. As for analysis of design cases, I applied the aforementioned architecture layout principle to modern fashion and conducted case study analysis to delve into distinctive layout principles found in fashion. The study showed that the Renaissance Classicism Architectural Style is marked by linearity, planarity, closing and multiple unity: linearity was expressed in the observation form in fixed frontal view and an emphasis on a tangible silhouette homeogenous and definite line structures; planarity was achieved in the form of paralleled layers of frontal view element, planarity style, and identical and proportional repetition of various sizes.; closing signified the pursuit of complete and clear regularity, and architecture developed in a constructive phase through organizational inevitability and absolute invariability.; multiple unity was expressed in self-completedness and independent parallel of discrete forms and harmony of emphasized individual elements in a totality. Applying these layout characteristics of the Renaissance Classicism Architectural style and to see their individual expressive features, I found out that in adopting layout principles of the Renaissance Classicism Architecture to modern fashion, it turned out to be an emphasis of individual silhouettes, a flattened space, completed objects, organic harmony among independent parts: the emphasis of individual silhouettes was expressed in individual definitiveness of formative lines of clothes in accordance with body joints and an emphasis on formative lines of clothes; the flattened space was marked by single layer structure, planarity of elements of clothes, and listing arrangement by appropriate proportion.; the completedness of the objects was expressed by the stationary state where overall image is fixed, the construction of homogeneous and complete space, and absolute inevitability of internal layout in proportion; lastly, organic harmony of independent parts was stressed in independent completedness of each detail, and organic harmony of the whole. The expressive features would lead to a unique expression style of linear emphasis, proportion, constructive forms, and two-dimensional arrangement. The meaning of this study is follows: The characteristics of art school of thought are given shape by appling & analysing the architectural layout principles of historical art school of thought to modern fashion in the view point of formal construction dimension. The applied possibility of historical art school of thought as the source of inspiration about the fashion design is extended.

A Study on the Establishment of Systematic Review Service for University Libraries in Korea (국내 대학도서관의 체계적 문헌고찰 서비스 구축 방안 연구)

  • Rhee, Hey-Young
    • Journal of Korean Library and Information Science Society
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    • v.53 no.3
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    • pp.137-168
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    • 2022
  • The purpose of this study is to suggest a plan for establishing SR (systematic review, hereinafter called SR) support services in domestic university libraries through a case study of SR support services in overseas university libraries. For this purpose, a total of 119 overseas university libraries were divided into all fields (subjects and disciplines) and the medical field. And A total of 10 areas such as service fields, service subjects, public relations, librarian roles (counselors, collaborators), education, librarian introduction, team member, application form, SR theoretical content, and others were divided and investigated. As a result, the SR support service of the university libraries being investigated is expanding from the medical field to academic fields such as natural science, engineering, and social science. It was confirmed that there were differences in service support hours, services, and whether co-authors were recognized according to the role of the librarian. Educational services are provided to users for the SR support service with a focus on retrieval strategy and skills. In the promotion of the SR support service, the librarian must suggest that it should be included. The importance of SR support services for Korean university libraries should be emphasized through the analysis of SR support services for overseas university libraries, professional search education should be strengthened in the curriculum. Also Organizations related to university libraries such as KERIS have suggested that systematic SR education support is needed for librarians.

A Short Review for the Estimation Method of Intrinsic Rate of Natural Increase According to the Setting of Initial Age for the Study Cohort in the Lotka Life Table (로트카 생명표에서 연구 집단의 초기연령 설정에 따른 내적자연증가율 추정방법에 대한 고찰)

  • Dong-soon, Kim
    • Korean journal of applied entomology
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    • v.61 no.4
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    • pp.549-554
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    • 2022
  • Life table-related studies in insect ecology have been an interesting topic for insect researchers. Two calculation methods are commonly applied to estimate the intrinsic rate of natural increase (rm) in the life table statistics. The first method is to estimate an approximate rm by dividing the natural logarithm of the net reproductive rate (R0) by mean generation time (T) (namely mean generation time-based method). Another approach is to apply the Lotka-Euler equation derived from the population growth equation of Lotka-Volterra to estimate accurate rm using the maximum likelihood method (Lotka-Euler equation-based method). In the latter case, there is a difference in the estimated rm value when the initial age class of the target cohort was set to "0" or "1", which confused the application. In this short review, a brief history of the calculation process of the life table was reviewed. It was again confirmed in the Lotka-Euler equation-based method that the form of $\sum\limits_{x=1}^{w}e^{-rx}l_xm_x=1$ should be applied to estimate rm when the first age class was set to zero, while the form of $\sum\limits_{x=0}^{w}e^{-r(x+1)}l_xm_x=1$ when set to one.

A study of Literature review on the retaining needle (유침(留針)에 관한 문헌적(文獻的) 고찰(考察))

  • Park, Chun-ha;Kim, Jae-hong;Wu, Tung-sun;Park, Eun-ju;Shin, Jung-chul;Han, Sang-gyun;Yun, Yeu-chung;Cho, Myung-rae
    • Journal of Acupuncture Research
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    • v.20 no.1
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    • pp.85-96
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    • 2003
  • Objectives : We were studied the retaining needle to offer basic materials for the study of it. methods: To study the retaining needle, we were reviewed the ancient, the present text and the thesis. Results: 1. There are many ways form general acupuncture technique to needle-embedding therapy by the spending time of the retaining needle. 2. The method retaining needle is divided into Active method of the retaining needle(動留針法) and Passive methoid of the retaining needle(靜留針法) by the existence of Qi-promoting. 3. In case of Deficiency Syndrome, protracted discase, dolorific disorder, convulsive disorder, and Cold Syndrome, the spending time of the retaining needle takes longer, in case of Heat Syndrome and exterior Syndrome, the spending time of the retaining needle takes shorter. 4. In case of acute disease and attack of chronic disease, we can use Active methoid of the retaining needle(動留鍼法) with retaining needle for a long time, in case of chronic disease, we can use Passive methoid of the retaining needle(靜留針法). 5. In case of Young people, a man in the prime of life, and a people who can stand the stimulation of needle, we can make the spending time of the retaining needle be longer and use Active methoid of the retaining needle(動留針法), but in case of a baby and a weak people, we had better shorten the spending time of the retaining needle or not do it. 6. The spending time of the retaining needle must be shorter in spring and summer, must be longer in fall and winter. 7. The spending time of the retaining needle is various by acupuncture point. 8. When the spending time of the retaining needle is too longer, we can injure Vital-qi of a patient, otherwise in opposite situation, Pathogenic is stagnated so pathogenic stage is repeated.

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A Study on the Several Important Clauses in ICC Model Distributorship Contract (국제판매점계약(國際販賣店契約)의 주요조항(主要條項) (ICC Model Distributorship Contract(Pub.518)을 중심(中心)으로))

  • Oh, Won-Suk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.26
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    • pp.35-86
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    • 2005
  • International distributorship contract(IDC), as well as international agency contract is a type of contract which is most frequently used in international trade. But one of the main difficulties faced by parties of IDC is the lack of uniform rules for this type of contract. This means that both parties should be careful about each clause of the contract when they draw up it. The ICC prepared model form which incorporates the prevailing practice in international trade, and which aims at protecting and balancing the legitimate interests of both parties. This author examined the several important clauses in this model contract. The purpose of this examination is to help the contracting parties for better understanding and applying them in their actual contracting practice, which based on this model contract. When the supplier and the distributor execute their contract or use ICC Model Contract, they should be careful about the following points: First, some terminologies(like, "territory", "product", "competing products" and "exclusivity") should be clearly defined in their contract. Second, regarding the supplier's functions including "supplying products" and the distributor's responsibility including "undertaking not to compete", and "attaining guaranteed minimum targets", both parties should make clear about each party's right and obligation as well as one party's remedies available when other party makes breach of its obligation. Third, both parties should examine the relationship between the "exclusivity" or "sole" and competition law which is regarded as a mandatory rule in the territory. Forth, when both parties lay down "termination clause" in the contract, they should make clear about the indemnity in case of termination. Fifth, as there is not uniform law for the distributorship contract, it is inevitable to choose any local law as an applicable law in case of litigation. So both parties should keep in mind to insert arbitration clause to avoid the application of the local law. Besides, both parties should consider their individual and specific circumstances and try to reflect them in their contract by Annex I to XI attached to the end of model contract.

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A Study on Effect and Legitimacy of Zeroing on the WTO Anti-dumping Agreement - Focusing on US-Orange Juice case - (WTO 반덤핑협정하의 제로잉 효과와 적법성 - 미국-오렌지주스 사건을 중심으로 -)

  • Kim, Cheol-Soo;Ha, Choong-Lyung
    • International Commerce and Information Review
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    • v.16 no.3
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    • pp.465-486
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    • 2014
  • This paper intends to analyse some legal issues on US-Orange Juice Case. Brazil's WTO challenge is to the methods undertaken by US in calculating antidumping duties in administrative reviews of Brazilian Orange Juice. Panel resulted that conforms with earlier Appellate Body decision outlawing the use of 'weighted average to transaction zeroing. This paper note that panel's stance was driven from 'stability and predictability' within the DSB system. There was a de facto form of stare decisis. However, Panel in US-Orange Juice recognized that Appellate Body decision is wrong about finding zeroing to be violation of the fair comparison requirement of the Article 2.4 of the WTO Anti-Dumping agreement. Zeroing dispute of WTO Anti-Dumping Agreement will be continued that because this matter. Fortunately, the American government announced it would be stop zeroing system of administrative reviews. As result, Carefully, We anticipate that US-Orange Juice's decision is the end of zeroing method on the WTO Anti-Dumping Agreement.

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A Case of Well-Differentiated Thymic Carcinoma with Extensive Cystic Degeneration (광범위한 낭성 변화를 보인 고분화성 흉선암종 1예)

  • Kim, Kyung-Wook;Kim, Hyung-Jung;Ahn, Chul-Min;Lee, Doo-Yun;Kim, Sang-Jin;Yang, Woo-Ik
    • Tuberculosis and Respiratory Diseases
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    • v.46 no.5
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    • pp.718-722
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    • 1999
  • Thymoma is the most common tumor in the compartment of anterior mediastinum. The malignant thymoma is classified into invasive thymoma(category I) and thymic carcinoma(category II). Recently, well-differentiated thymic carcinoma is a proposed category 1.5 used to describe a subset of thymic epithelial tumors, allowing for the existence of intermediate form based on the clinical features and the histological characteristics. Thymic cyst is a congenital or a acquired disorder. Congenital thymic cyst may develop due to failure of the thymopharyngeal duct to obliterate and acquired thymic cyst develops from inflammation(multilocular thymic cyst), or neoplasm(cystic thymoma). Cystic degeneration in thymoma is a relatively frequent but focal event. In rare cases, the process proceeds to the extent that most or all of the lesion becomes cystic. Until now, well-differentiated thymic carcinoma with extensive cystic degeneration has not been reported in our country. We experienced a case of 14 year-old female patient showing extensive cystic degeneration in well-differentiated thymic carcinoma. And so we report it with review of the articles related.

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A Case of Pleural Effusion due to Hypothyroidism (갑상선기능저하증에 의한 흉막액 1예)

  • Oh, Hyung Joong;Park, Sun Young;Byun, Min Kwang;Chung, Woo Young;Park, Moo Suk;Moon, Jin Wook;Gang, Sin-Myeong;Han, Chang-Hun;Kim, Young Sam;Chang, Joon;Kim, Sung Kyu;Kim, Se Kyu
    • Tuberculosis and Respiratory Diseases
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    • v.59 no.3
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    • pp.321-325
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    • 2005
  • Serous effusions have been most commonly associated with ascites, pericardial effusion, and heart failure. But, they have been considered to be an unusual form of complication in hypothyroidism and pleural effusion, which has been observed as an isolated finding in hypothyroidism is apparently rare and complete analysis of these types of hypothyroid-associated pleural effusions has yet not been described. We report a case of hypothyroidism associated with unilateral pleural effusion in a 77 year-old male patient who was improved through levothyroxine sodium with brief review of the literature.