• Title/Summary/Keyword: Division by Agreement

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상속재산협의분할과 법정해제 -일본(日本) 최고재판소(最高裁判所) 1989. 2. 9. 판결(判決)을 소재로 하여- (Division of Inherited Property by Agreement and Legal Rescission -focusing on Japanese Supreme Court Decision delivered on February 9, 1989-)

  • 정구태
    • 한국콘텐츠학회논문지
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    • 제13권1호
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    • pp.175-185
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    • 2013
  • 연구대상판결은, (1) 상속재산분할은 그 성질상 협의의 성립과 동시에 종료하고 그 후에는 그 협의에서 그 채무를 부담한 상속인과 그 채권을 취득한 상속인 간의 채권채무관계가 남을 뿐이라는 점, (2) 협의분할의 법정해제를 인정할 경우 소급효를 갖는 상속재산의 재분할이 불가피하게 되어 법적 안정성이 크게 저해된다는 점을 근거로 하여, 협의분할의 법정해제를 부정하였다. 그러나 (1) 상속재산협의분할은 실질적으로 공동상속인 상호 간의 지분교환 양도 포기에 상당한 처분의 성질을 가진다는 점, (2) 공동상속인 전원에 의한 협의분할의 합의해제에 있어서도 소급효를 갖는 상속재산의 재분할이 불가피함에도 불구하고 합의해제의 유효성을 인정하는 데 아무런 이론(異論)이 없다는 점에서, 협의분할이 실질적으로 공동상속인 간의 부담부증여와 같은 성질을 가지는 경우에는 협의분할에 대한 법정해제도 인정하는 것이 온당하다. 다만, 상속재산분할협의는 공동상속인 전원이 참여해야만 성립되는 계약이므로, 협의분할시 상속인 일방이 부담한 채무의 불이행을 이유로 하는 협의분할의 법정해제도 그 일방을 제외한 다른 공동상속인 전원의 의사표시에 의해서만 가능하다고 보아야 한다.

On Assessing Inter-observer Agreement Independent of Variables' Measuring Units

  • Um, Yong-Hwan
    • Journal of the Korean Data and Information Science Society
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    • 제17권2호
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    • pp.529-536
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    • 2006
  • Investigators use either Euclidean distance or volume of a simplex defined composed of data points as agreement index to measure chance-corrected agreement among observers for multivariate interval data. The agreement coefficient proposed by Um(2004) is based on a volume of a simplex and does not depend on the variables' measuring units. We consider a comparison of Um(2004)'s agreement coefficient with others based on two unit-free distance measures, Pearson distance and Mahalanobis distance. Comparison among them is made using hypothetical data set.

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A New Agreement Measure for Interval Multivariate Observations

  • Um, Yong-Hwan
    • Journal of the Korean Data and Information Science Society
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    • 제15권1호
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    • pp.263-271
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    • 2004
  • This article presents a new measure of chance-corrected interobserver agreement among multivariate ratings of many observers. Modifying an approach by Berry and Mielke, a new agreement measure is proposed. The important modificaton is to use the volume of simplex composed of data points as the disagreement masure. The proposed measure accounts agreement for multivariate interval observations among many observers. Hypothetical and real-life data sets are analyzed for illustrative purpose.

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A Measure of Agreement for Multivariate Interval Observations by Different Sets of Raters

  • Um, Yong-Hwan
    • Journal of the Korean Data and Information Science Society
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    • 제15권4호
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    • pp.957-963
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    • 2004
  • A new agreement measure for multivariate interval data by different sets of raters is proposed. The proposed approach builds on Um's multivariate extension of Cohen's kappa. The proposed measure is compared with corresponding earlier measures based on Berry and Mielke's approach and Janson and Olsson approach, respectively. Application of the proposed measure is exemplified using hypothetical data set.

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Handheld Echocardiography in a Clinical Practice Scenario: Concordances Compared to Standard Echocardiographic Reports

  • Gustavo Gavazzoni Blume;Luka David Lechinewski;Isabela Pedroza Vieira;Nadine Clausell;Giovana Paludo Bertinato;Paulo Andre Bispo Machado-Junior;Pedro Goulart Berro;Lidia Ana Zytynski Moura;Teresa Tsang
    • Journal of Cardiovascular Imaging
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    • 제30권1호
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    • pp.25-34
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    • 2022
  • BACKGROUND: The purpose of this study was to assess the utility of a handheld device (HH) used during common daily practice and its agreement with the results of a standard echocardiography study (STD) performed by experienced sonographers and echocardiographer. METHODS: A prospective follow-up was conducted in an adult outpatient echocardiography clinic. Experienced sonographers performed the STD and an experienced echocardiographer performed the HH. STD included 2-dimensional images, Doppler and hemodynamics analysis. Hemodynamic assessment was not performed with the HH device because the HH does not include such technology. The images were interpreted by blinded echocardiographers, and the agreement between the reports was analyzed. RESULTS: A total of 108 patients were included; and the concordance for left ventricle (LV) ejection fraction (EF), wall motion score index, LV and right ventricle (RV) function, RV size, and mitral and aortic stenosis was excellent with κ values greater than 0.80. Wall motion abnormalities had good concordance (κ value 0.78). The agreement for LV hypertrophy, mitral and aortic regurgitation was moderate, and tricuspid and pulmonary regurgitation agreements were low (κ values of 0.26 and 0.25, respectively). CONCLUSIONS: In a daily practice scenario with experienced hands, HH demonstrated good correlation for most echocardiography indications, such as ventricular size and function assessment and stenosis valve lesion analyses.

작물모형 평가를 위한 통계적 방법들에 대한 비교 (Comparison of Statistic Methods for Evaluating Crop Model Performance)

  • 김준환;이충근;손지영;최경진;윤영환
    • 한국농림기상학회지
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    • 제14권4호
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    • pp.269-276
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    • 2012
  • 작물모형 평가에 사용되거나 사용할 수 있는 9가지 지표를 소개하였으며 이들의 특징은 다음과 같다. efficiency of model (EF)와 index of agreement (d)은 dimension이 없고 관측수(n)에 의존적이지 않았으며, dimension에 대해서만 자유로운 것은 relative root mean square error (RRMSE), bias factor (Bf)와 accuracy factor (Af)이다. Root mean sqruar, mean error, mean absolute error들은 관측수와 dimension에 영향을 받기 때문에 판단 시 주의가 필요하다. 따라서 이들의 특징을 파악하여 목적에 맞게 모형의 성능을 파악하여야 한다.

Definitions of Chronic Obstructive Pulmonary Disease and Chronic Obstructive Pulmonary Disease Exacerbation: A Modified Delphi Survey

  • Yong Bum Park;Jin Hwa Lee;Seung Won Ra;Hye Yun Park;Ji Ye Jung;Young Ae Kang;Chin Kook Rhee;Deog Kyeom Kim;Kwang Ha Yoo;Yong Il Hwang;Seong Yong Lim;Jae Seung Lee;Kyung-Wook Jo;Yeon-Mok Oh
    • Tuberculosis and Respiratory Diseases
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    • 제86권3호
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    • pp.196-202
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    • 2023
  • Background: The Global Initiative for Chronic Obstructive Lung Disease (GOLD) update 2023 proposed new definitions of chronic obstructive pulmonary disease (COPD) and COPD exacerbation. However, an agreement on the definitions has not been made, either internationally or domestically. This study aimed to reach an agreement between experts on the new definitions of COPD and COPD exacerbation in South Korea. Methods: A modified Delphi method was used to make an agreement on the definitions of COPD and COPD exacerbation proposed by the GOLD update 2023. We performed two rounds of the survey including 15 Korean experts on COPD, asthma, and tuberculosis. Results: More than two-thirds of the experts agreed on 12 of the 13 statements related to the definitions of COPD and COPD exacerbation in the two rounds of the survey. The experts agreed on the definitions of COPD and COPD exacerbation that should be revised in line with the definitions proposed by the GOLD update 2023. However, the experts showed an uncertain opinion on the statement that the definition of COPD includes patients with persistent airflow obstruction due to bronchiectasis. Conclusion: Based on this Delphi survey, experts' agreement was made on the definitions of COPD and COPD exacerbation proposed by the GOLD update 2023.

Agreement of two ELISAs for Mycobacterium avium subspecies paratuberculosis in cattle in Korea

  • Lee, Kyung Woo;Jung, Byeong Yeal;Hwang, In Yeong;Lee, Su Hwa;Kim, Ji Yeon;Kim, Young Hoan;Lee, Seong Hyo;Moon, Oun Kyoung;Lee, O Soo
    • 대한수의학회지
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    • 제49권2호
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    • pp.121-125
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    • 2009
  • Paratuberculosis caused by Mycobacterium avium subspecies paratuberculosis (Mpt) is a chronic infectious enteric disease with deleterious impact on the performance in ruminants. In Korea, ELISA has been introduced to detect antibodies to Mpt in individual cattle. However, comparison study with ELISA has not been studied until now. In total, a panel of 899 serum samples obtained from dairy cattle was analyzed with two commercial ELISAs for Mpt to assess the performance. Two ELISAs employed in this study were both licensed worldwide. Two ELISAs applied onto same serum samples showed the moderate agreement (kappa value = 0.60). There was non-significant McNemar test (p = 0.0614) between two ELISA results indicating that each proportion detected by two kits did not differ. In addition, the percent agreement between two ELISA results was turned out to be 96.8% which interpreted excellent reproducibility. It was shown from this study that two ELISAs revealed moderate kappa agreement performance. The implication raised is that when ELISAs as diagnostics are used to detect Mpt in individual cattle, positive reaction by either ELISA should be interpreted as serologically Mpt positive due to presumed low sensitivity of ELISAs and their test agreement being less than 100%.

An Analysis of Group Key Agreement Schemes based on the Bellare-Rogaway Model in Multi-party Setting

  • Lim, Meng-Hui;Goi, Bok-Min;Lee, Sang-Gon
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • 제5권4호
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    • pp.822-839
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    • 2011
  • Group key agreement protocols derive a shared secret key for a group of users to ensure data confidentiality or/and integrity among the users in the subsequent communications. In this paper, we inspect two group key agreement schemes which have been proposed by Shi et al. and Zheng et al. in 2005 and 2007 respectively. Although both schemes were claimed to be secure in a heuristic way, we reveal several flaws using the Bellare-Rogaway security model extended to multi-party setting by Bresson et al. These flaws are found to be originated from inappropriate selection of key derivation function, inadvertent exclusion of partners' identities from the protocol specification and insufficient consideration in preserving known temporary information security and key freshness properties. Furthermore, we suggest and discuss proper countermeasures to address such flaws.

Isolation and Identification of Pathogenic Microorganisms from Soybean Sprouts

  • Kim, Hye-Jung;Koo, Kyoung-Mo;Kim, Gi-Nahm;Lee, Dong-Sun;Paik, Hyun-Dong
    • Preventive Nutrition and Food Science
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    • 제7권3호
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    • pp.305-309
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    • 2002
  • Raw soybean sprouts were tested for contamination with the following bacteria which have potential for pathogenesis or food spoilage : Salmonella spp., Escherichia coli O157:H7, Yersinia enterocolitica, Vibrio parahae-molyticus, Aeromonas hydrophila, Plesidomonas shigeloides, Pseudomonas aeruginosa, Staphylococcus aureus, Lis-teria monocytogenes, Bacillus cereus, Clostridium perfringens, Campylobacter jejuni, Erwinia spp., and Fusarium spp. Three of the above strains were isolated from the sprouts, and identified by morphological and biochemical methods including an API kit and ATB automated identification system. The isolate cultured in Cereus selective agar, a selective medium, was a Gram-positive, rod shaped, anaerobic spore former. The biochemical and culture tests revealed the following characteristics: catalase-positive, no growth on Simmon's citrate, NO₂ production and requirement of arginine for growth; the ATB automated identification system gave 99.8 % agreement for the identification of Bacillus cereus to the species level. The isolate cultured in Macconkey agar selective medium was Gram-negative, rod shaped and a gas former; the ATB-system gave 99.9% agreement for the identification of Aeromonas hydrophila to the species level. The isolate found in Pseudomonas isolation agar was Gram-negative, rod shaped, cytochrome oxidase-positive, a reducer of nitrates to nitrogen, and pyocyanin producer; the ATB-system gave 99.9 % agreement for the identification of Pseudomonas aeruginosa to the species level. These results indicate that the three bacteria species present in the soybean sprouts were Bacillus cereus, Aero-monas hydrophila, and Pseudomonas aeruginosa. Salmonella spp., Escherichia coli O157:H7, and Yersinia enter-ocolitica, which are associated with serious disease in humans, were not isolated from soybean sprouts examined in this study.