• Title/Summary/Keyword: Clauses

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The Study on the Sale Form Selection in the Sale and Purchase of Second Hand Ships (중고선박 매매계약의 선택기준에 대한 연구)

  • Cho, Jae-Kee;Kim, Junseung;Park, Keun-Sik
    • Journal of Korea Port Economic Association
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    • v.36 no.1
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    • pp.59-76
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    • 2020
  • The purpose of this study is to analyze the factors of the main selection criteria of the contract form used to conclude the sales contracts of used ships and to assist parties in selecting the most suitable contract form for trading situations. The methods of the study are based on identifying the factors from the questionnaires using analytic hierarchy process analysis, following the selection of typical details through interviews with the S&P Broker Group and finding the solutions that match each detail. The analysis shows that ship traders prefer the Norwegian Sales Form (NSF) to NIPPONSALE for various reasons. Considering the sellers' situations, NFS is the more reasonable option for major countries, except Japan. NIPPONSALE is relatively more focused on the advantages of the buyer's conditions, including for Japan. It is important to select the appropriate clauses from these types of contract, according to the trading conditions, including the main and additional terms, in order to create a mutual agreement between the shipper and the consignee that leads to more cooperation and balances the purposes of both parties in adjusting the time for securing and disposing of the vessels.

A Sentence Reduction Method using Part-of-Speech Information and Templates (품사 정보와 템플릿을 이용한 문장 축소 방법)

  • Lee, Seung-Soo;Yeom, Ki-Won;Park, Ji-Hyung;Cho, Sung-Bae
    • Journal of KIISE:Software and Applications
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    • v.35 no.5
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    • pp.313-324
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    • 2008
  • A sentence reduction is the information compression process which removes extraneous words and phrases and retains basic meaning of the original sentence. Most researches in the sentence reduction have required a large number of lexical and syntactic resources and focused on extracting or removing extraneous constituents such as words, phrases and clauses of the sentence via the complicated parsing process. However, these researches have some problems. First, the lexical resource which can be obtained in loaming data is very limited. Second, it is difficult to reduce the sentence to languages that have no method for reliable syntactic parsing because of an ambiguity and exceptional expression of the sentence. In order to solve these problems, we propose the sentence reduction method which uses templates and POS(part of speech) information without a parsing process. In our proposed method, we create a new sentence using both Sentence Reduction Templates that decide the reduction sentence form and Grammatical POS-based Reduction Rules that compose the grammatical sentence structure. In addition, We use Viterbi algorithms at HMM(Hidden Markov Models) to avoid the exponential calculation problem which occurs under applying to Sentence Reduction Templates. Finally, our experiments show that the proposed method achieves acceptable results in comparison to the previous sentence reduction methods.

A Study of Institutional Status of Risk Management for Radiotherapy in Foreign Country

  • Lee, Soon Sung;Shin, Dong Oh;Ji, Young Hoon;Kim, Dong Wook;An, Sohyoun;Park, Dong-Wook;Cho, Gyu Suk;Kim, Kum-Bae;Koo, Jihye;Oh, Yoon-Jin;Choi, Sang Hyoun
    • Progress in Medical Physics
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    • v.27 no.3
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    • pp.139-145
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    • 2016
  • With the development in field of industry and medicine, new machines and techniques are being launched. Moreover, the complexity of the techniques is associated to an increasing risk of incident. Especially, a small error in radiotherapy can lead to a serious patient-related incident, risk management is necessary in radiotherapy in order to reduce the risk of incident. However, in field of radiotherapy, there are no legally binding clauses for risk management and there is an absence of risk management systems at an institutional level. Therefore, we analyzed institutional status of risk management, reporting & classification systems, and risk assessment & analysis in 31 countries. For risk management and reporting systems, 65% of countries investigated had legislation or regulations; however, only 35% of countries used classification systems. It was found that 43% more countries had legislation for risk management in healthcare than those for radiotherapy; 19% more countries had reporting systems for healthcare than those for radiotherapy. For classification systems, 60% more countries had legislation, recommendation, and guidelines in the field of radiotherapy than those for healthcare. Recently, international institutes have published several reports for risk management and patient safety in radiotherapy, owing to which, countries adopting risk management for radiotherapy will gradually increase. Before adopting risk management in Korea, we should precisely understand the procedures and functions of risk management, in order to increase efficiency of risk management because classification & reporting system and risk assessment & analysis are connected organically, and institutional management is needed for high quality of risk management in Korea.

Korean Syntactic Analysis by Using Clausal Segmentation of Embedded Clause (내포문의 단문 분할을 이용한 한국어 구문 분석)

  • Lee, Hyeon-Yeong;Lee, Yong-Seok
    • Journal of KIISE:Software and Applications
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    • v.35 no.1
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    • pp.50-58
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    • 2008
  • Most of Korean sentences are complex sentences which consisted of main clause and embedded clause. These complex sentences have more than one predicate and this causes various syntactic ambiguities in syntactic analysis. These ambiguities are caused by phrase attachment problems which are occurred by the modifying scope of embedded clause. To resolve it, we decide the scope of embedded clause in the sentence and consider this clause as a unit of syntactic category. In this paper, we use sentence patterns information(SPI) and syntactic properties of Korean to decide a scope of embedded clause. First, we split the complex sentence into embedded clause and main clause by the method that embedded clause must have maximal arguments. This work is done by the SPI of the predicate in the embedded clause. And then, the role of this embedded clause is converted into a noun phrases or adverbial phrases in the main clause by the properties of Korean syntax. By this method, the structure of complex sentence is exchanged into a clause. And some phrases attachment problem, which is mainly caused by the modifying scope, is resolved easily. In this paper, we call this method clausal segmentation for embedded clause. By empirical results of parsing 1000 sentences, we found that our method decreases 88.32% of syntactic ambiguities compared to the method that doesn't use SPI and split the sentence with basic clauses.

A Study on the Important Clause of International Sales Contract (국제물품매매계약(國際物品賣買契約)의 주요 조항(條項)에 관한 연구(硏究))

  • Park, Nam-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.18
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    • pp.27-62
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    • 2002
  • The international sale contract is the central contracts in export-import transactions. A good sale contract or set of general conditions of sale will cover all the principal elements of the transaction, so that uncertainties are avoided. The parties' respective duties as concern the payment mechanism, transport contract and insurance responsibilities, inter alia, will all be clearly detailed in the contract. The following key clauses should be included in international contracts of sale and general conditions of sale: ${\bullet}$ preamble ${\bullet}$ identification of parties ${\bullet}$ description of goods ${\bullet}$ price and payment conditions ${\bullet}$ delivery periods and conditions ${\bullet}$ inspection of the goods - obligations and limitations ${\bullet}$ quantity or quality variations in the products delivered ${\bullet}$ reservation of title and passing of property rights ${\bullet}$ transfer of risk - how accomplished ${\bullet}$ seller's warranties and buyer's complaints ${\bullet}$ assignment of rights ${\bullet}$ force majeure clause and hardship clause ${\bullet}$ requirement that amendments and modifications be in writing ${\bullet}$ choice of law ${\bullet}$ choice of dispute resolution mechanism Under most systems of law, a party can be excused from a failure to perform a contract obligation which is caused by the intervention of a totally unforeseeable event, such as the outbreak of war, or an act of God such as an earthquake or hurricane. Under the American commercial code (UCC) the standard for this relief is one of commercial impracticability. In contrast, many civil law jurisdictions apply the term force majeure to this problem. Under CISG, the standard is based on the concept of impediments to performance. Because of the differences between these standards, parties might be well advised to draft their own force majeure, hardship, or excusable delays clause. The ICC publication, "Force Majeure and Hardship" provides a sample force majeure clause which can be incorporated by reference, as well as a hardship clause which must be expressly integrated in the contract. In addition, the ICC Model provides a similar, somewhat more concise formulation of a force majeure clause. When the seller wishes to devise his own excusable delays clause, he will seek to anticipate in its provision such potential difficulties as those related to obtaining government authorisations, changes in customs duties or regulations, drastic fluctuations in labour, materials, energy, or transportation prices, etc.

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A study on the proposed amendment bill of Bioethics and Safety Law (2010): focusing on the meaning of significant contents related to the clinical research ("생명윤리 및 안전에 관한 법률" 전부개정안의 내용과 의의: 임상연구와의 관계를 중심으로)

  • Kim, Eun-Ae
    • The Korean Society of Law and Medicine
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    • v.12 no.1
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    • pp.99-131
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    • 2011
  • To strengthen the protection of human research subjects and human materials, the Korean Ministry of Health and welfare proposed the amendment bill of Bioethics and Safety Law(2010) to the Congress. It includes so many meaningful clauses. According to the bill, the scope that this act shall apply will be expended to the research involving human subjects and human materials. In the bill, there are the principles of this act; the protection of the life, health, and dignity of the human subjects, the obtaining of the adequate informed consent, the protection of the human subject's information confidentiality and the human subject's privacy, the assessment and minimizing of the risks involved and the guarantee of the safety for the human subjects, the preparation of the special protection program for the vulnerable human subjects, and so on. According to the bill, Institutional Bioethics Review Board(the same as Institutional Review Board) will be responsible for the auditing and monitoring on the research that was approved by IBRB, conducting the education program for the researchers, IBRB members and administrative staffs, preparing of the special protection program for the vulnerable human subjects, and forming the guidelines for the researchers as well as the review of the research protocols. And the State and local governments shall take necessary measures to support the expending of the social infrastructure. In addition to, IBRB will have to be assessed and to be gained the accreditation by the Korean Ministry of Health and welfare. So, if Bioethics and Safety Law is amended, it will contribute enormously to enhance the level of the human research subjects protection. Also, if this Law is amended, IBRB will play a major role for the conduct of the ethically, scientifically, and legally proper research. But now, as a matter of fact, the capability of IBRB members and IBRB office members is not enough to charge of this role because some people and some organizations does not know the importance of IBRB exactly. In spite of, IBRB shall be able to this role to protect the human subjects and to develop the level of the research On the international level. Therefore, the State, local governments and the Organization shall back up the administrative and financial terms of the IRB and IRB Office.

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Analysis of the contents of the Act on the Development, Management, etc. of Marinas using Semantic Network Analysis (언어네트워크 분석 기법을 활용한 마리나항만법 내용 분석)

  • Park, Gyung-Yeol;Hong, Jang-Won
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.24 no.2
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    • pp.163-170
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    • 2018
  • The purpose of this study is to describe quantitatively the characteristics and the structure of the Act on the development, management, etc. of Marinas (the Marinas Act) by analysing its provisions using semantic network analysis. The method of semantic network analysis has its advantages in overcoming limitations of the traditional content analysis method, as it is easy for the user to understand the structure and the shape of a network by figuring out the structural network among words. The object of the analysis is the full text of Marinas Act recently revised from Chapters 1 to 4, while partial analysis is carried out respectively for each chapter from Chapters 2 to 4. The structural characteristic of the Marinas Act shows that the act focuses on the development of marinas, as its main goal is interpreted to set up hardwares and to construct facilities rather than to promote the marina industry itself. Even though some clauses for human capital development and business development are included, they are of less importance compared to the development of marina facilities. This study provides some basic information on the structural characteristics of the current act, which can be referred to in subsequent studies. In the future, it also needs to be complemented through comparative analysis with government policy outcomes and performance of diverse analytical approaches.

A study on the Institutionalization of Speech-to-text Services for the Deaf People (난청인을 위한 문자통역서비스 제도화 연구)

  • Chun, Dong-Il;Seo, Jeong-Min
    • Journal of Digital Convergence
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    • v.15 no.4
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    • pp.53-63
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    • 2017
  • The purpose of this study is to look at the way that speech-to-text (STT) services are used at present, and to explore measures to institutionalize such services for ease of communication for the hearing impaired. The results of this study show the following: 1) 17.8% of those surveyed had experience of using STT services, with younger individuals showing a higher rate of use; and 2) In terms of organizations providing STT services, social welfare organizations followed by civic groups (18.3%) and public organizations (18.3%). The following institutional measures are needed for STT services. First, STT services should be actively promoted as one of the reasonable conveniences defined in the 'Act on the Prohibition of Discrimination Against Disabled Persons, Remedy Against Infringement of Their Rights, etc.' Second, STT services should be additionally listed as one of the clauses of the 'Act on Welfare of Persons with Disabilities'. In particular, establishing a communication system for those with hearing impairments should serve as a catalyst for integration with sign language interpretation and welfare services. If STT services for face-to-face contacts can be improved or further enhanced using ICT, it will not only open the way for a new influx of disabled workers to join vocational rehabilitation, but also help to improve quality of life for the hearing impaired.

Development of a Gifted Behavior Checklist Based on the Observation Probability and Importance of the Behavior in Class (관찰가능성과 중요도를 고려한 관찰·추천용 초등 영재 행동 특성 체크리스트 개발)

  • Lee, In-Ho;Han, Ki-Soon
    • Journal of Gifted/Talented Education
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    • v.25 no.6
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    • pp.817-836
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    • 2015
  • This research focuses on the development of gifted child behavior checklist which feasibly has application on the nation-wide gifted children observation-recommendation method. Corresponding measure has significance as it reflects actual observations of teachers teaching gifted children first-hand and involves measure of importance regarding each characteristic. An open survey on gifted children behavior characteristics lists and specific behavior patterns has been acquired from teachers in gifted education, and the checklist was developed through expert group review, pre-test, and confirmatory factor analysis process. The former checklists have shown several difficulties on application of observation-recommendation on the field due to behaviors that can't be observed in school, less important behaviors, and collide and duplicate behaviors etc. With regard to such problems, problematic clauses were removed based on the observation probability and importance of the behaviors. Ultimately, total of 32 behavior characteristic checklist consisting of ten sub factors(logical thinking, high achievement, originality, perfectionism, creative problem solving, curiosity, task commitment, conversation ability, creativity, passion) and two to three questions on each factor had been drawn. Through internal consistency test and item-total score correlation, each item of the measure has been analyzed to be consistently evaluating corresponding variables. In addition, the result of confirmatory factor analysis showed every item to be weighed appropriately on its sub-factor, strongly suggesting its feasibility on observation-recommendation of elementary gifted children as an appropriate checklist.

A Comparative Study on the Nominated Subcontractor (NSC) System of Building Construction Project in Asian Commonwealth of Nations - Focused on the NSC Clause Analysis of Standard Contract Forms - (아시아 지역 영연방국가의 지정하도급(NSC)제도에 관한 비교 연구 - 표준계약약관의 지정하도급자 항목분석을 중심으로 -)

  • Cho, Jaeyong;Kim, Junggon;Park, Hyeonggeun
    • Korean Journal of Construction Engineering and Management
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    • v.15 no.3
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    • pp.12-22
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    • 2014
  • In recent, many Korean contractors have tried to extend their business area into the overseas construction market, mainly as a result of a reduction in their domestic construction market. However in terms of risk, overseas construction projects are likely to face a number of unpredictable problems, many of which occur as a result of differences in contract cultures and construction environments between Korea and other countries. One key issue facing overseas construction projects in particular, is that of sub-contracting and control, and the way in which many countries of Commonwealth of Nations operate a unique subcontracting method well known as a nominated sub-contractor(NSC). This paper introduces the NSC system and differences as comparing among standard construction contract forms, such as JCT, SIA, HKIA and PAM. in UK and Asian Commonwealth of Nations. Also, we attempt to classify the type of the NSC system through the consideration of NSC clauses in accordance with the objection and termination of NSC contracting respectively.