• Journal of Arbitration Studies
• /
• v.26 no.4
• /
• pp.3-41
• /
• 2016

This paper reviews the problems on the arbitral awards enforcement in the 2016 Korean Arbitration Act. In order to get easy and rapid enforcement of the arbitral awards, the new arbitration act changed the enforcement procedure from an enforcement judgement procedure to an enforcement decision procedure. However, like the old arbitration act, the new act is still not arbitration friendly. First of all, there are various problems in the new act because it does not approve that an arbitral award can be a schuldtitel (title of enforcement) of which the arbitral award can be enforced. In this paper, several problems of the new act are discussed: effect of arbitral award, approval to res judicata of enforcement decision, different trial process and result for same ground, possibility of abuse of litigation for setting aside arbitral awards and delay of enforcement caused by setting aside, infringement of arbitration customer's right to be informed, and non-internationality of enforcement of interim measures of protection, inter alia. The new arbitration act added a proviso on article 35 (Effect of Arbitral Awards). According to article 35 of the old arbitration act, arbitral awards shall have the same effect on the parties as the final and conclusive judgement of the court. The proviso of article 35 in the new act can be interpret two ways: if arbitral awards have any ground of refusal of recognition or enforcement according to article 38, the arbitral awards do not have the same effect on the parties as the final and conclusive judgement of the court; if arbitral awards have not recognised or been enforced according to article 38, the arbitral awards do not have the same effect on the parties as the final and conclusive judgement of the court. In the case of the former, the parties cannot file action for setting aside arbitral awards in article 36 to the court, and this is one of the important problems of the new act. In the new act, same ground of setting aside arbitral awards can be tried in different trial process with or without plead according to article 35 and 37. Therefore, progress of enforcement decision of arbitral awards can be blocked by the action of setting aside arbitral awards. If so, parties have to spend their time and money to go on unexpected litigation. In order to simplify enforcement procedure of arbitral awards, the new act changed enforcement judgement procedure to enforcement decision procedure. However, there is still room for the court to hear a case in the same way of enforcement judgement procedure. Although the new act simplifies enforcement procedure by changing enforcement judgement procedure to enforcement decision procedure, there still remains action of setting aside arbitral awards, so that enforcement of arbitral awards still can be delayed by it. Moreover, another problem exists in that the parties could have to wait until a seventh trial (maximum) for a final decision. This result in not good for the arbitration system itself in the respect of confidence as well as cost. If the arbitration institution promotes to use arbitration by emphasizing single-trial system of arbitration without enough improvement of enforcement procedure in the arbitration system, it would infringe the arbitration customer's right to be informed, and further raise a problem of legal responsibility of arbitration institution. With reference to enforcement procedure of interim measures of protection, the new act did not provide preliminary orders, and moreover limit the court not to recognize interim measures of protection done in a foreign country. These have a bad effect on the internationalization of the Korean arbitration system.

• Journal of Chest Surgery
• /
• v.32 no.6
• /
• pp.579-583
• /
• 1999

Background: Thoracic sympathicotomy has been used safely and successfully to manage palmar hyperhidrosis. The preoperative and postoperative recording of Sympathetic Skin Responses(SSR) was performed for objective evaluation and follow-up of thoracic sympathicotomy in hyperhidrosis patients, and also for ascertaining the clinical usefullness of SSR. Material and Method: The recording of SSR was performed on 15 patients suffering from palmar hyperhidrosis with Medelec Sapphire Plus electromyogragh before and after thoracic sympathicotomy. Eletrical stimuli on the right median nerve was made in patients in supine position and results were recorded on right and left palms with soles at the same time by 4 channels. Skin temperatures were also monitored simultaneously. T2,3 sympathicotomy was performed with VATS in every patients. SSR was done in 2 patients one month later. Result: Clinically, all patients had symptomatic improvement with satisfaction. Postoperative complication was small amount of residual pneumothorax in 5 patients but it was absorbed sponteneously. There was no recurrence during follow-up period and ten patients(66%) complained compensatory hyperhidrosis. After operation, SSR change was shown in every 15 patients. Abolition of SSR on both palms was achieved in 12 patients(80%) and on both soles in 6 patients. In the other 3 patients, the latencies were significantly delayed and the amplitudes were significantly reduced at both palms and soles. In two patients who were examined at one month later after operation, similar results with postoperative SSRs were shown. The skin temperature on preoperative both palm and sole were lower than normal temperature, and those on postoperative both palm and sole were increased. Those had statistical significance(p<0.05), and the temperature on the palm was increased higher that than on the sole. Conclusion: After thoracic sympathicotomy was performed on palmar hyperhidrosis patients, an increment of skin temperatures and SSR changes were achieved at both palms and soles of all patients. Palmar SSRs were completely abolished in 12 patients(80%), and similar results of postoperative SSRs were achieved. The recording of SSR may be useful to easily and objectively assess the completeness of sympathicotomy and the follow-up of recurrence in hyperhidrosis patients.

• The Journal of Internal Korean Medicine
• /
• v.16 no.2
• /
• pp.146-177
• /
• 1995

The purpose of this study was to investigate the relationship between the teeth and Zhang-Fu(臟腑), dental diseases, and the hygiene of the mouth through the literature of oriental medicine. First, the relatonship between the teeth and Zhang-Fu is reviewed as follows: The teeth are influenced by Shen(腎) because they are the end of bone and Biao(標) of Shen. Gingiva is related to Wei(胃) and Da-Chang(大腸) because it is passed by Yangming-Channel(陽明經). The growth and nutrition of teeth depends on Shen. The pathological condition of Shen causes the gingival atrophy, the loose of teeth, dedentition due to aging, withering of teeth, and tartar: whereas the pathological condition of Wei and Da-Chang causes toothache, gingivitis, inflamed gums, bad breath, and gingival hemorrhage. Second, the causes and therapies of dental diseases through the literature can be summarized as follows: The major causes of toothache are the pathogenic condition of wind-heat and wind-cold, the heat syndrome of Wei, the damp-heat of intestine, flaring-up of fire of deficiency type, rotten tooth, etc... The principal causes of dedentition and the shaking and loose of teeth are the deficiency of Shen, and the rest of causes are the damp-heat of Yangming. Gingival atrophy is caused by the deficiency of Shen, whereas the gingival hemorrhage comes from the factors in the pathogenic factor of wind-heat of Yangming-Channel, the heat syndrome of stomach, and the deficiency of Shen. The causes of grinding of teeth during sleeping are stomach-heat, and the delayed dentition and the withering result from the deficiency of Shen-Jing.(腎精) The principal therapies of toothache are removing wind and heat, clearing away heat and prompting diuresis, clearing away the stomach-heat, replenishing vital essence to tonify the Shen, relieving superficial syndrome by wind-cold, and alleviating pain by destroying parasites. For the prescription of the principal therapies, there are Xijio Dihuang Tang, Jiajian Ganlu Yin, Qufeng Wan, Qingwei San, Tiaowei Chenggi Tang Shengong Wan, Liangge San Qingwei Tang Yunu Jian, Liuwei Dihuang Wan Zuogui Yin Bawei Wan Wanshao Dan, Xixin San Badou Wan Gianghuo Fuzi Tang, Jiuzi Tang Badou Wan, etc... The therapies of dedentition and the shaking and loose of teeth are replenishing vital essence to tonify the Shen, and warming and recuperating the Shen-Yang: as the prescription, there are Liuwei Dihuang Wana Zuogui Yin, and Bawei Wan Anshen Wan Wanshao Dan Yougui Wan etc... The therapies of gingival hemorrhage are clearing away the stomach-heat, replenishing vital essence to tonify the Shen, warming and recuperating the Shen-Yang(腎陽), and moisturing and purging intence heat with the prescription of Tiaowei Chenggi Tang Xijiao Dihuang Tang, Liuwei Dihuang Wan Zuogui Yin, Bawei Wan Anshen Wan, and Yunu Jian. The therapy of gingival atrophy is replenishing vital essence to tonify the Shen in the prescription of Liuwei Wan Bawei Wan Ziyin Dabu Wan. The therapies of grinding of teeth during sleeping are clearing away the stomach-heat and purging intense heat, and invigorating the spleen through eliminating dampness in the prescription of Qingwei San, Wumei Wan, etc... The therapy of delaed dentition is replenishing vital essence to tonify the Shen with the prescription of Liuwei Wan Buyin Jian, etc... Third, clinical treatment reports of dental diseases are reviewed as follows: The toothache due to stomach-heat was treated by medical herbs like Gypsum, Natrir Sulfas, Rehmanniae, Schizonepetal Herba, Menthae Folium, Cimicifugae Rhizoma, and Scrophulariae Radix. The therapies of toothache due to flaring-up of fire in deficiency type from deficiency of Shen provided with replenishment of vital essence to tonify the Shen and clean ministerial fire, and the prescription was the kind of Liuwei Wan, which worked very well. The therapy of dedentition and loose of teeth due to deficiency of Shen was done to stablize the teeth as tonifing the Shen with the prescription of Guchi Wan. The rate of imrovement was over 90%. The destruction of periodontal tissue due to periodonititis was cured of dispelling wind, reducing heat, and alleviating pain, It was improved by taking Zizhi Xingiong Tang, Guchi Xiaotong San, Yunii Jian, and Qingwei San about 3-7 days, and the rate of improvement was over 80%. Fourth, the prevention and regimens are reviewed as follows: As a physical and breathing exercise of the teeth, tapping teeth which stimulates the circulation of Qi(氣) and Xue(血) had been used. The tapping time of 14, 17, 36, etc... has been reported, and it should be applied based on the body condition. The medical herbs for gargling and brushing teeth have been used. Specifically, Cimicifugae Rhizoma, Gypsum, Gypsum Fibrosum, and Indigo pulrelrata Lereis have been used to reduce heat, Coptidis Rhizama and Yang Jinggu to eliminate damp-heat, Amomi Semen, Cyperi Rhizoma, Flos Caryophylli, Asari Radix, Piperis Longi Fructus, Santali Albae Lignum, Meliae Fructus, Moschus, Aquillaiae Lignum, and Borneol to promote the circulation of Qi and to relieve pain, Ligustici Radix, Angelice Radix, Rhizoma Nardostachydis, Tribuli Semen to relieve superficial syndrome by means of diaphiresis, and Cnidii Rhizoma, Angelicae sinensis Radix, and Olibanum to promote blood circulation to stop pain.

• The korean journal of orthodontics
• /
• v.31 no.3 s.86
• /
• pp.357-367
• /
• 2001

The purpose of this study was to investigate the alveolar bone turnover in diabetic rat, and to compare the alveolar bone turnover during tooth movement in diabetes with that in normal control Eighty Male Sprague-Dawley strain rats(8th week) were divided into normal control(N), normal-tooth movement (N-tm), diabetes(D), and diabetes-tooth movement(D-tm) groups. Eighteen days before the start of the experiment, diabetes was induced with a single injection of streptozotocin 50 mg/kg of body weight in citrate buffer as vehicle via the tail vein. Maxillary first molars of rats were moved mesially by 40 grams of the closed coil spring. Experimental animals were sacrificed after 1d, 3d, 7d, and 14d experimental period, and the alveolar bone around the maxillary first molars were assayed biochemically for acid phsophatase(ACP) and tartrate-resistant acid phosphatase (TRAP) as bone resorption markers, and alkaline phosphatase(ALP) and osteocalcin(OC) as bone formation markers. TRAP and OC concentration in serum and alveolar bone of D group were lower than those in N group, and especially OC concentration decreased mote following diabetes prolonged, which showed the decreased skeletal and alveolar bone resorption and formation potential in diabetic rats. In N-tm group compared with N group, alveolar bone ACP and TRAP concentrations were highest at 1d and 3d(p<0.01), decreased after then, and showed lowest at 14d, and alveolar bone OC concentration was higher at 3d, 7d, and 14d(p<0.001) and showed a tendency of peak level at 7d. which showed the peak of concentration of bone resorption markets at 1d-3d and those of bone formation markers at 7d. In D-tm group compared with N group, alveolar bone ACP and TRAP concentrations were higher at 3d, 7d and 14d(p<0.001), and tended to reach peak value at 7d and persisted through 14d, and alveolar bone ALP and OC concentration increased but not different from that of N group. The amount of tooth movement in D group were greater than that of N group at all experimental period. Those results were suggested that during diabetes, the alveolar and skeletal bone undergo low bone turnover and the mote amount of tooth movement, hut because the peak time of alveolar bone resorption activity was delayed and sustained in longer period of tooth movement and alveolar bone formation activity is lower than that of normal tooth movement, the periodontal space is supposed to be larger doting tooth movement.

• The Korean Journal of Ecology
• /
• v.25 no.3 s.107
• /
• pp.163-170
• /
• 2002

In order to analyze the life cycle of A. artemisiifolia var. elatior dormancy and some environmental factors inducing germination of the seeds were examined. The results were as follows : Dormancy of fertile seeds was broken in part within a month after seed collection in case of adequate moisture and alternating temperature was also effective in breaking dormancy. The temperature range, which allow germination was $12^{\circ}C{\sim}32^{\circ}C$. Optimum temperature for germination was $24^{\circ}C$. The seed of A. artemisiifolia var. elatior was light-independent. The difference of storage period appeared to have no particular effect on the viability of seeds at any time during the 9-month storage period. In the increasing temperature(IT) regime, A. artemisiifolia var. elatior seeds started to germinate at $16^{\circ}C$, showing the higher temperature the greater germination rate : the final germination percentage was 99.34%. On the other hand, in the decresing temperature(DT) regime, seeds began to germinate at $20^{\circ}C$ with the 1.34% germination. An induced dormancy occurred at $12^{\circ}C$ making the 5.34% final germination in the DT regime. Low temperature was more effective to break dormancy than higher temperature. Seeds of A. artemisiifolia var. elatior seems to be germinated in mid to late autumn or germination delayed until following spring. The above results suggest these variation of germination response in diverse environmental factors seems to be a physiological strategy to maintain their existence and to reproduce in the extreme thermal variation.

• Journal of Bio-Environment Control
• /
• v.23 no.4
• /
• pp.383-390
• /
• 2014

This study was conducted to investigate the growth characteristics of cucumber scion and pumpkin rootstock under different levels of light intensity (photosynthetic photon flux, PPF) and plug cell size in a closed transplant production system with artificial lighting. Cucumber scion and pumpkin rootstock seedlings were grown under the combinations of three levels of PPF (PPF 165, 248, and $313{\mu}mol{\cdot}m^{-2}{\cdot}s^{-1}$) and five types of plug tray (50, 72, 105, 128, and 200 cells in the tray) for nine days. The shoot dry weight and relative growth rate increased with increasing PPF and plug cell size. As PPF increased, cucumber scion and pumpkin rootstock seedlings had higher dry matter, lower specific leaf area, and lower hypocotyl length. The first true leaf of cucumber scion and pumpkin rootstock unfolded at eight and seven days after sowing, respectively, except the treatment using 200-cell plug tray. The unfolding of first true leaf of seedlings grown in 200-cell plug tray was delayed by one day. Accordingly, it was considered that the use of small cell size such as 200-cell plug tray would require more time for the production of scion and rootstock. Based on the results, we suggest that cucumber scion and pumpkin rootstock be grown in 105-cell to 128-cell plug tray for eight days and 72-cell to 105-cell plug tray for seven days, respectively, when using splice grafting method with root-removed rootstock. Additionally, higher PPF is suggested to improve the growth and quality of scion and rootstock.

• Journal of Bio-Environment Control
• /
• v.24 no.1
• /
• pp.13-20
• /
• 2015

This study was conducted to evaluate influence of short-term application of abscisic acid (ABA) in nutrient solution on growth and drought tolerance of tomato seedlings. The treatments included four ABA concentrations (0.5, 1, 2, $3mg{\cdot}L^{-1}$) and control (non-treatment) were applied to the nutrient solution in a hydroponic system. On the $5^{th}$ and $10^{th}$ day after growing in the nutrient solution containing ABA, seedlings were transferred to -5 bars of PEG-8000 in a growth chamber to induce water stress. Except for stem diameter and fresh and dry weight of root, there were no statistical differences in other growth parameters among control, 0.5 and $1mg{\cdot}L^{-1}$ of ABA treatments. Seedlings growths were strongly inhibited in nutrient solution containing 2 and $3mg{\cdot}L^{-1}$ of ABA. The root growth such as fresh and dry weigh of root, total root surface area, and average root diameter was slightly enhanced in $1mg{\cdot}L^{-1}$ of ABA treatment. The elevation of ABA concentrations in nutrient solution resulted in the decrease in transpiration rate and increase in stomatal diffusive resistance and leaf temperature of tomato seedlings. The initiations of seedling wilting after treating in -5 bars of PEG were delayed from 10 hrs in control to 30 hrs in ABA applied treatments. Additionally, the high percentages of recovered seedlings were observed in 0.5 and $1mg{\cdot}L^{-1}$ of ABA treatments after re-irrigation. Therefore, short-term application of $1mg{\cdot}L^{-1}$ of ABA in the nutrient solution stimulated the root growth and drought tolerance of tomato seedlings by delaying the start time of wilting point and enhancing the recovery after re-irrigation.

• Horticultural Science & Technology
• /
• v.31 no.2
• /
• pp.211-218
• /
• 2013

This study was conducted to investigate the quality characteristics of eight Kimchi cabbage cultivars and the effect of cold storage on the quality of two kinds of cabbage cultivars, such as 'CR-Nongshim', and 'Ryouckgwang'. Early planted and harvested cultivars at July showed that fresh weight was lower than late harvested cultivars at September, because early harvesting time of July was heavy rainy season at highlands of Gangwon province. The firmness was more than 10 N for all cultivars and 'Cheongock', 'Sanjanggoon', and 'Ryouckgwang' cultivars had high value of firmness among them. No differences among the cultivars were found in appearance, freshness, and texture evaluations at harvest. Sweetness and bitterness had statistical differences and showed high value in 'Ryouckgwang' and in 'CR-Nongshim' and 'Sooho'. Two Kimchi cabbage cultivars such as 'CR-Nongshim' and 'Ryouckgwang' were stored at $0^{\circ}C$, $2^{\circ}C$, $5^{\circ}C$, and room temperature ($25^{\circ}C$) with more than 90% RH. Significant difference was found in weight loss during room and low temperature storage. In general, weight loss of the Kimchi cabbages at room temperature was significantly increased by 15% within 3 days, whereas it was delayed at low temperature until 3 weeks on all Kimchi cabbage cultivars. Firmness of 'CR-Nongshim' was higher than 'Ryouckgwang' but there was no difference within low storage temperatures. Appearance among the sensory factors was a critical indicator to estimate storage periods. On the point of appearance, storage period at $0^{\circ}C$ was 1 week and $2^{\circ}C$ and $5^{\circ}C$ was 3 weeks and 1 week in 'CR-Nongshim' cultivar, respectively. The storage period of 'Ryouckgwang' cultivar was 2 weeks, 4 weeks, and 2 weeks, respectively. Conclusively, storage at $2^{\circ}C$ with more than 90% RH was recommended as optimum temperature to maintain quality in both cultivars.

• Clinics in Shoulder and Elbow
• /
• v.15 no.1
• /
• pp.25-31
• /
• 2012

Purpose: The clinical and radiographic outcomes of the internal fixation, which were executed on patients over the age of 65 with proximal humerus fracture by using a polyaxial angular stable locking compression plate (Non-Contact-Bridging proximal humerus plate, Zimmer, Switzerland, NCB), were evaluated. Materials and Methods: Thirty two patients over the age of 65 among the proximal humerus fracture treated with NCB plate, between August 2007 and January 2011, were chosen as the subjects. The average age of patients was 71 years, and the average postoperative follow-up period was 11.5 months. The fractures included 14 two-part and 18 three-part fractures. The clinical results were evaluated, using the visual analog scale (VAS) score and the Constant score. The radiological results were evaluated by time to union and Paavolainen method, which measures the neck shaft angle. Results: At the last follow-up examination, the mean VAS score was 3 points and the mean Constant score was 64.5 points, with bone union achieved after the average of 16.2 weeks following the surgery in all the cases. The mean neck shaft angle was 125.9 and 24 cases had good results, while 8 cases had fair results by Paavolainen method, at the last follow-up. There were 1 case of delayed union and cerclage wire failure, and 3 cases of subacromial impingement. There were no complications, such as loss of reduction, nonunion, screw loosening, or avascular necrosis of the humeral head. Conclusion: Internal fixation, using a NCB plate, was considered to be an effective surgical method in treating proximal humerus fracture in the elderly patients, on whom the fixation of the fracture and maintenance of reduction are difficult.

• The Korean Society of Law and Medicine
• /
• v.18 no.1
• /
• pp.237-264
• /
• 2017

With the onset of the Human Genome Project, social concerns about 'genetic information discrimination' have been raised, but the problem has not yet been highlighted in Korea. However, non-medical institutions' genetic testing which is related to disease prevention could be partially allowed under the revised "Bioethics and Safety Act" from June 30, 2016. In the case of one domestic insurance company, DTC genetic testing was provided for the new customer of cancer insurance as a complimentary service, which made the social changes related to the recognition of the genetic testing. At a time when precision medicine is becoming a new standard for medical care, discipline on genetic information discrimination has become a problem that can not be delayed anymore. Article 46 and 67 of the Bioethics Act stipulate the prohibition of discrimination on grounds of genetic information and penalties for its violation. However, these broad principles alone can not solve the problems in specific genetic information utilization areas such as insurance and employment. The United States, Canada, the United Kingdom, and Germany have different regulations that prohibit genetic information based discrimination. In the United States, Genetic Information Non-Discrimination Act takes a form that adds to the existing law about the prohibition of genetic information discrimination. In addition, the range of genetic information includes the results of genetic tests of individuals and their families, including "family history". Canada has recently enacted legislation in 2017, expanding coverage to general transactions of goods or services in addition to insurance and employment. The United Kingdom deals only with 'predictive genetic testing results of individuals'. In the case of insurance, the UK government and Association of British Insurers (ABI) agree to abide by a policy framework ('Concordat') for cooperation that provides that insurers' use of genetic information is transparent, fair and subject to regular reviews; and remain committed to the voluntary Moratorium on insurers' use of predictive genetic test results until 1 November 2019, and a review of the Concordat in 2016. In the case of employment, The ICO's 'Employment Practices Code (2011)' is used as a guideline. In Germany, Human Genetic Examination Act(Gesetz ${\ddot{u}}ber$ genetische Untersuchungen bei Menschen) stipulates a principle ban on the demand for genetic testing and the submission of results in employment and insurance. The evaluation of the effectiveness of regulatory framework, as well as the form and scope of the discipline is different from country to country. In light of this, it would be desirable for the issue of genetic information discrimination in Korea to be addressed based on the review of related regulations, the participation of experts, and the cooperation of stakeholders.