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A Study on the Legal Explanation and Cases of Remedies for Breach of Contract by the Buyer under CISG (CISG하에서 매수인의 계약위반에 대한 매도인의 구제수단에 관한 고찰 - CISG 제3편 제3장 제3절(제61조 내지 제65조)의 규정해석과 판결례를 중심으로 -)

  • Shim, Chong-Seok
    • International Commerce and Information Review
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    • v.14 no.3
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    • pp.231-251
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    • 2012
  • The remedies available to a seller that has suffered a breach of contract by the buyer are addressed in Section III of Chapter III of Part III. The first provision in the section, 61, catalogues those remedies and authorizes an aggrieved seller to resort to them. The remaining provisions of the section address particular remedies or prerequisites to remedies. The subject matter of the current section remedies for breach of contract by the buyer obviously parallels that of Section III of Chapter II of Part III remedies for breach of contract by the seller. Many individual provisions within these sections form matched pairs. Thus 61, which catalogs the seller's remedies, which catalogs the buyer's remedies. Other provisions in the current section that have analogues in the section on buyer's remedies include 62, seller's right to require buyer's performance 63, seller's right to fix an additional period for buyer to perform and 64, seller right to avoid the contract. As was the case with the provisions on buyers' remedies, the articles governing sellers' remedies operate in conjunction with a variety of provisions outside the current section. Thus the seller's right to require performance by the buyer is subject to the rule in 28 relieving a court from the obligation to order specific performance in circumstances in which it would not do so under its own law. The authorization in 61 for a seller to claim damages for a buyer's breach operates in connection with 74-76, which specify how damages are to be measured. 49, stating when an aggrieved seller can avoid the contract, is part of a network of provisions that address avoidance, including the definition of fundamental breach, the requirement of notice of avoidance, provisions governing avoidance in certain special circumstances, measures of damages available only if the contract has been avoided and the provisions of Section V of Part III, Chapter V on effects of avoidance.

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An Analysis of the Change of Secondary Earth Science Teachers' Knowledge about the East Sea's Currents through Drawing Schematic Current Maps (해류도 그리기를 통한 중등학교 지구과학 교사들의 동해 해류에 대한 지식의 변화 분석)

  • Park, Kyung-Ae;Park, Ji-Eun;Lee, Ki-Young;Choi, Byoung-Ju;Lee, Sang-Ho;Kim, Young-Taeg;Lee, Eun-Il
    • Journal of the Korean earth science society
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    • v.36 no.3
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    • pp.258-279
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    • 2015
  • The purpose of this study was to analyze the change of secondary earth science teachers' knowledge about the currents of the East Sea through drawing of a schematic map of oceanic currents. For this purpose, thirty two earth science teachers participated in the six-hour long training of learning and practice related to ocean current schematic map. The teacher participants performed drawing of the ocean current schematic map of the East Sea in three different phases, i.e.; pre-, post-, and delayed-post phase. In addition, all the maps conducted by participants were converted to digitalized image data. Detailed analysis were performed to investigate participating teachers' knowledge about the currents of the East Sea. Findings are as follows: First, the teacher participants have background knowledge about the ocean current map, but it reveals an incorrect knowledge about some concepts. Second, after teacher training, teachers' knowledge increased about the East Sea's currents, while a decrease was found in the differences between individual teachers' knowledge. This pattern was more evident in the delayed-post phase of drawing than in the post-phase occurred immediately after training. Third, the teacher participants were strongly aware of the need to improve the ocean current schematic map of the East Sea in science textbook in terms of scientific knowledge. In addition, they showed a high level of satisfaction about teacher training because they perceived that it was meaningful in various aspects; recognizing the importance of content knowledge and conjunction with instructional strategies, the needs of secondary science curriculum, and recognition of the nature of scientific knowledge. The results imply that teachers' subject matter knowledge plays a significant role to make science teaching effective.

Multilateral Approach to forming Air Logistics Hub on North East Asia Region (동북아 항공물류허브을 구축하기 위한 다자적 접근방안)

  • Hong, Seock-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.2
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    • pp.97-136
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    • 2004
  • The Northeast Asian air cargo market has expanded tremendously as a result of the opening up of the Chinese market. The importance of the Asia-Pacific region in the global air transport has also increased. The exchange of human and material resources, services, and information in Northeast Asia, which is expected to increase in the near future, requires that the airlines operating within this region adopt a more liberalized approach. This paper introduced alternatives which can be applied to the Northeast Asian airlines industry so as to bring about the integration of regional air transport: First, this paper found a need for individual Northeast Asian nations to alter their policies towards the airlines industry. Second, each country should further liberalize their respective domestic air transport. Third, there is a need for freer air service agreements to be signed between the nations of Northeast Asia. Fourth, the strategic alliances between the airlines operating in Northeast Asia should be further strengthened. Fifth, this liberalization process should be carried out in an incremental manner, beginning with more competitive airports and routes, or with less-in-demand routes. Sixth, there is a need for a shuttle system to be put into place between the main airports in China, Korea, and Japan. Seventh, these three nations jointly develop aviation safety and security systems that are in accordance with international standards. Eighth, the liberalization process of the aviation industry should be undertaken in conjunction with other related fields. Ninth, organizations linking together civil aviation organization in the Asia-Pacific area should be formed, as should each government linking together. By doing so, these countries will be able to establish regular venues through which to exchange opinions on the integration and liberalization of the air cargo market so as to induce the gradual liberalization of the actual market. The liberalization of the air transport in Northeast Asia will prove to be a daunting task in the short term. However, if the Chinese airlines continue to exhibit continuous growth and Japanese airlines are able to complete their move towards a low-cost structure, this process could be completed earlier than expected. Over the last twenty five years the air transport has undergone tremendous changes. The most important factor behind these changes has been the increased liberalization of the market. As a result, rates have decreased while demand has increased. This has resulted in turning the air transport industry, which was long perceived as an industry in decline, into a high-growth industry. The only method of increasing regional exchanges in the air transport is to pursue further liberalization. The country which implements this liberalization process at the earliest date may very well emerge as a leading force within the air transport industry.

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Effects of the Different Anesthetic Doses of MS-222 and Lidocaine-HCl on the Blood Physiological Responses in Black Rockfish, Sebastes schlegeli (MS-222와 lidocaine-HCl의 농도별 마취에 대한 조피볼락(Sebastes schlegeli)의 혈액생리학적 반응)

  • Kim Jae Ho;Hur Jun Wook;Park In-Seok;Kho Kang Hee;Chang Young Jin
    • Journal of Aquaculture
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    • v.18 no.4
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    • pp.236-244
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    • 2005
  • Experiments were performed to investigate the effects of the different anesthetic MS-222 and lidocaine-HCl doses on the blood physiological responses, on the time required for anesthesia and recovery, and on the survival rates of black rockfish (Sebastes schlegeli). Plasma cortisol was its highest levels (96.1$\pm$12.1 ng/ml) at 6 hours after the administration of 300 ppm of MS-222, and in all groups, plasma cortisol levels were higher than the initial levels during the anesthetic experiment. Fish receiving lidocaine-HCl also exhibited higher than initial plasma cortisol levels at almost experimental intervals. The middle size fish exhibited the highest glucose level (143.3$\pm$14.5 mg/dl) at 50 ppm of anesthesia after 1 hour, and every level was significantly higher than the initial level for at least 12 hours. Glucose levels in fish to which lidocaine-HCl was administered were comparable to the levels seen in conjunction with MS-222 treatment. In fish anesthetized with MS-222, K+ levels in the small size fish were significantly elevated after 1 hour, while Na+ levels did not change in any of the groups throughout the experiment. Anesthetic time was significantly attenuated with increases in the concentrations of MS-222 and lidocaine-HCl. We also noted a correlation between anesthetic time and fish size, in that larger fish took a longer time, followed by the middle size and then the small size fish. The all fish size groups showed above $95\%$ survival rates at every experimental concentration in MS-222 and 300-400 ppm in lidocaine-HCl. The results may indicate that 100-200 ppm MS-222 and 400 ppm lidocaine-HCl are the most effective doses as sedatives for the black rockfish and these doses could be used as the suitable anesthetics doses.

Structural Evolution of the Eastern Margin of Korea: Implications for the Opening of the East Sea (Japan Sea) (한국 동쪽 대륙주변부의 구조적 진화와 동해의 형성)

  • Kim Han-Joon;Jou Hyeong-Tae;Lee Gwang-Hoon;Yoo Hai-Soo;Park Gun-Tae
    • Economic and Environmental Geology
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    • v.39 no.3 s.178
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    • pp.235-253
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    • 2006
  • We interpreted marine seismic profiles in conjunction with swath bathymetric and magnetic data to investigate rifting to breakup processes at the Korean margin leading to the separation of the Japan Arc. The Korean margin is rimmed by fundamental elements of rift architecture comprizing a seaward succession of a rift basin and an uplifted rift flank passing into the slope, typical of a passive continental margin. In the northern part, rifting occurred in the Korea Plateau, a continental fragment extended and partially segmented from the Korean Peninsula, that provided a relatively broader zone of extension resulting in a number of rifts. Two distinguished rift basins (Onnuri and Bandal Basins) in the Korea Plateau we bounded by major synthetic and smaller antithetic faults, creating wide and symmetric profiles. The large-offset border fault zones of these basins have convex dip slopes and demonstrate a zig-zag arrangement along strike. In contrast, the southern margin is engraved along its length with a single narrow rift basin (Hupo Basin) that is an elongated asymmetric half-graben. Rifting at the Korean margin was primarily controlled by normal faulting resulting from extension in the west and southeast directions orthogonal to the inferred line of breakup along the base of the slope rather than strike-slip deformation. Although rifting involved no significant volcanism, the inception of sea floor spreading documents a pronounced volcanic phase which seems to reflect slab-induced asthenospheric upwelling as well as rift-induced convection particularly in the narrow southern margin. We suggest that structural and igneous evolution of the Korean margin can be explained by the processes occurring at the passive continental margin with magmatism intensified by asthenospheric upwelling in a back-arc setting.

Effect of Sample Preparations on Prediction of Chemical Composition for Corn Silage by Near Infrared Reflectance Spectroscopy (시료 전처리 방법이 근적외선분광법을 이용한 옥수수 사일리지의 화학적 조성분 평가에 미치는 영향)

  • Park Hyung-Soo;Lee Jong-Kyung;Lee Hyo-Won;Hwang Kyung-Jun;Jung Ha-Yeon;Ko Moon-Suck
    • Journal of The Korean Society of Grassland and Forage Science
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    • v.26 no.1
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    • pp.53-62
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    • 2006
  • Near infrared reflectance spectroscopy (NIRS) has been increasingly used as a rapid, accurate method of evaluating some chemical compositions in forages. Analysis of forage quality by NIRS usually involves dry ground samples. Costs might be reduced if samples could be analyzed without drying or grinding. The objective of this study was to investigate effect of sample preparations and spectral math treatments on prediction ability of chemical composition for corn silage by NIRS. A population of 112 corn silage representing a wide range in chemical parameters were used in this investigation. Samples of com silage were scanned at 2nm intervals over the wavelength range 400-2500nm and the optical data recorded as log l/Reflectance(log l/R) and scanned in overt-dried grinding(ODG), liquid nitrogen grinding(LNG) or intact fresh(IF) condition. Samples were analysed for neutral detergent fiber(NDF), acid detergent fiber(ADF), acid detergent lignin(ADL), crude protein(CP) and crude ash content were expressed on a dry-matter(DM) basis. The spectral data were regressed against a range of chemical parameters using modified partial least squares(MPLS) multivariate analysis in conjunction with four spectral math treatments to reduce the effect of extraneous noise. The optimum calibrations were selected on the basis of minimizing the standard error of cross validation(SECV). The results of this study show that NIRS predicted the chemical parameters with very high degree of accuracy(the correlation coefficient of cross validation$(R^2cv)$ range from $0.70{\sim}0.95$) in ODG. The optimum equations were selected on the basis of minimizing the standard error of prediction(SEP). The Optimum sample preparation methods and spectral math treatment were for ADF, the ODG method using 2,10,5 math treatment(SEP = 0.99, $R^2v=0.93$), and for CP, the ODG method using 1,4,4 math treatment(SEP = 0.29. $R^2v=0.91$).

Best Management Practices Reducing Soil Loss in the Saprolite Piled Upland in Hongcheon Highland (고령지 석비레 성토 밭의 토양유실 저감을 위한 최적영농관리방안)

  • Park, Chol-Soo;Jung, Yeong-Sang;Joo, Jin-Ho;Lee, Jung-Tae
    • Korean Journal of Soil Science and Fertilizer
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    • v.38 no.3
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    • pp.119-126
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    • 2005
  • Soil erosion at Jawoon-Ri in Hongcheon highland is one of serious problems since saprolite piling on farmland has been typically practiced at 2-3 year's intervals. The objective of the case study was to survey management practices such as tillage, application of saprolite, and cultivating crops and to propose best management practices (BMP) to reduce soil loss in Jawoon-Ri, Hongcheon-Gun. Jawoon-Ri is located in the upper stream of Naerinchun. Upland areas of Jawoon 2 and 4Ri were 206.9 and 142.3 hectare, respectively. Estimation of soil loss in this study was based on USLE (Universal soil loss equation). Annual averaged soil losses were 15.6 MT per hectare in Jawoon-2Ri and 9.0 MT per hectare in Jawoon-4Ri, respectively. This case study tried to find methods to reduce soil erosion below tolerant soil loss level which is $11MT\;ha^{-1}\;yr^{-1}$. Estimated soil losses in more than 40% of uplands in Jawoon-2Ri and 4Ri were higher than tolerant soil loss level. Especially, edge of uplands undergone excessive soil erosion by concentrated runoff water. Therefore consolidation of upland edge was included as one of the proposed Best management practices BMP). The proposed BMP in this area were buffer strips, contour and mulching, diversion drain channel, grassed water-way, detour watet-way and cover crops and so on. Amounts for BMP requirements were 7,680 m for buffer strips, 123 ha (35%) for contour and mulching, 201 ha (57%) for diversion drain channel, 13,880 m for grassed water-way, 3,860 m for detour drainage, 8,365 m for sloping side consolidation and 3,492 ha for cover crops, respectively. Application of BMP are urgently needed in uplands which is direct conjunction with stream.

Study on the Planting Index of School Forest - The Case of Gyeonggido - (학교숲 조성지표에 관한 연구 - 경기도를 중심으로 -)

  • Jang, Dong-Su;Sin, Kwang-Sun
    • Journal of the Korean Institute of Landscape Architecture
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    • v.37 no.6
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    • pp.12-18
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    • 2010
  • This study was carried out in order to propose a planning index for improved school forests in Gyeonggido. For the purpose of this study we selected 42 out of 75 school forests established during 2005 in Gyeonggido. All 42 school forests were surveyed and analyzed by frequency, cross tabulation, and group average analysis with SPSS 12.0 version. The present condition of the school forests was analyzed with in conjunction with items such as the surrounding environment, centralization, and locational characteristics as nominal points. Other items: trees, shrubs, pavement, fruit trees, transplantation, evergreen trees, and recreation facility content percentage were analyzed as a proportion point. After reviewing the literature and analyzing the present condition of school forests, we constructed a conceptual framework and formulated a hypothesis for this research. Data were obtained through a questionnaire, given to 98 students majoring in landscape architecture at Hankyong University in 2007. Results showed that the primary variables for tree health were soil compaction and the depth of soil filling. They were the most serious factors that deteriorate the health of trees. Based on the relationship between tree health and growing conditions, trees inside the school forest should be managed to provide more growing space and less abuse. The minimum area for trees inside the school forest for good growth conditions should be within the drip lines. We have found that the minimum percentage of tree content is 0.13, which means that more than 130 trees need to be planted over $1,000m^2$ green space. More than 3,580 shrubs need to be planted over $1,000m^2$ green space. The pavement area should be controlled to less than 19% of the total size of the school forest area. Finally, more than 39 trees out of 100 trees planted should be evergreen. The research results suggest that the construction planning index of Gyeonggido school forest be recommended in the planning and development process of the construction project carried out every year.

Function of the Korean String Indexing System for the Subject Catalog (주제목록을 위한 한국용어열색인 시스템의 기능)

  • Yoon Kooho
    • Journal of the Korean Society for Library and Information Science
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    • v.15
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    • pp.225-266
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    • 1988
  • Various theories and techniques for the subject catalog have been developed since Charles Ammi Cutter first tried to formulate rules for the construction of subject headings in 1876. However, they do not seem to be appropriate to Korean language because the syntax and semantics of Korean language are different from those of English and other European languages. This study therefore attempts to develop a new Korean subject indexing system, namely Korean String Indexing System(KOSIS), in order to increase the use of subject catalogs. For this purpose, advantages and disadvantages between the classed subject catalog nd the alphabetical subject catalog, which are typical subject ca-alogs in libraries, are investigated, and most of remarkable subject indexing systems, in particular the PRECIS developed by the British National Bibliography, are reviewed and analysed. KOSIS is a string indexing based on purely the syntax and semantics of Korean language, even though considerable principles of PRECIS are applied to it. The outlines of KOSIS are as follows: 1) KOSIS is based on the fundamentals of natural language and an ingenious conjunction of human indexing skills and computer capabilities. 2) KOSIS is. 3 string indexing based on the 'principle of context-dependency.' A string of terms organized accoding to his principle shows remarkable affinity with certain patterns of words in ordinary discourse. From that point onward, natural language rather than classificatory terms become the basic model for indexing schemes. 3) KOSIS uses 24 role operators. One or more operators should be allocated to the index string, which is organized manually by the indexer's intellectual work, in order to establish the most explicit syntactic relationship of index terms. 4) Traditionally, a single -line entry format is used in which a subject heading or index entry is presented as a single sequence of words, consisting of the entry terms, plus, in some cases, an extra qualifying term or phrase. But KOSIS employs a two-line entry format which contains three basic positions for the production of index entries. The 'lead' serves as the user's access point, the 'display' contains those terms which are themselves context dependent on the lead, 'qualifier' sets the lead term into its wider context. 5) Each of the KOSIS entries is co-extensive with the initial subject statement prepared by the indexer, since it displays all the subject specificities. Compound terms are always presented in their natural language order. Inverted headings are not produced in KOSIS. Consequently, the precision ratio of information retrieval can be increased. 6) KOSIS uses 5 relational codes for the system of references among semantically related terms. Semantically related terms are handled by a different set of routines, leading to the production of 'See' and 'See also' references. 7) KOSIS was riginally developed for a classified catalog system which requires a subject index, that is an index -which 'trans-lates' subject index, that is, an index which 'translates' subjects expressed in natural language into the appropriate classification numbers. However, KOSIS can also be us d for a dictionary catalog system. Accordingly, KOSIS strings can be manipulated to produce either appropriate subject indexes for a classified catalog system, or acceptable subject headings for a dictionary catalog system. 8) KOSIS is able to maintain a constistency of index entries and cross references by means of a routine identification of the established index strings and reference system. For this purpose, an individual Subject Indicator Number and Reference Indicator Number is allocated to each new index strings and new index terms, respectively. can produce all the index entries, cross references, and authority cards by means of either manual or mechanical methods. Thus, detailed algorithms for the machine-production of various outputs are provided for the institutions which can use computer facilities.

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The Effect of Addition of Egg Yolk and Sucrose on the pH and Specific Gravity for Heated Egg Albumen (난백의 가열처리에 있어서 난황과 자당 첨가가 pH 및 비중의 변화에 미치는 영향)

  • 황경규;양기원;하정기
    • Korean Journal of Poultry Science
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    • v.19 no.1
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    • pp.1-12
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    • 1992
  • This study was divided into experiment I(129g egg-albumen plus 150g sucrose) and experiment II(161g egg-albumen plus 150g sucrose) which were subdivided into groups treated with 0, 8.71, 17.43 and 26.149 egg yolk. These experiments were incubated in a shaking water bath(5$0^{\circ}C$) with a speed of 92(turnaround) per minute for a period of times. The pH and specific gravity were measured after 2, 4, 6, 8, 10 and 12 hour incubations. The results obtained were as follows: 1. The pH and specific gravity were steadily increased by shaking time, but variably was influenced by the amount of egg yolk and egg-albumen. 2. In the groups treated with egg-albumen, egg yolk, and sucrose of experiments I and II, pH was increased by the amount of egg-albumen in conjunction with shaking time, but specific gravity was decreased. 3. Ten hours after shaking maximum pH 8.60 was shown in the groups treated with 161g egg-albumen : however, in :he groups treated with 129g egg-albumen the maximum pH 8.39 was shown 12 hours after shaking. The different time exhibited maximum pH resulted from the amount of egg-albumen used. 4. The pH specific gravity were higher in the ,groups treated without egg yolk than in the groups with egg yolk. 5. In the experiment I which was added four levels of egg yolk to 1509 of sucrose and 129g of egg albumen, specific gravity(Table 2) had a high (r=0.9692$^{* *}$) correlation with pH (Table 1) and the regression equation between specific gravity and pH (X) was Y=0.050+0.145x. 6. In the experiment II which was added four levels of egg yolk to 150g of sucrose and 161g of egg albumen, specific gravity(Table 4) had a high (r=0.8963$^{* *}$) correlation with pH (Table 3) and the regression equation between specific gravity and pH (X) was Y=0.294+0.110X.10X.

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