• Title/Summary/Keyword: Foreign cases

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The U.S. Courts' Interpretation of Foreign Arbitral Awards Under the NY Convention (뉴욕협약상 외국중재판정에 대한 미국법원의 해석)

  • Ha Choong-Lyong;Park Won-Hyung
    • Journal of Arbitration Studies
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    • v.16 no.2
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    • pp.121-150
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    • 2006
  • Under the New York Convention, parties can petition the courts of the United States to confirm foreign arbitral awards. Although there is no definition in the Convention for 'non-domestic' awards, in the United States, federal and state courts read the Convention broadly and interpret this as permitting the enforcing authority to supply its own definition of 'non-domestic' in conformity with its own domestic law. There are a number of federal cases on this point. The court preferred this broad construction of 'non-domestic' awards because it comported with the intended purpose of the Convention, which was entered into to encourage the recognition and enforcement of international arbitral awards. This means that in applying the New York Convention, U.S. courts have responded to the underlying spirit rather than the technical letter of the Convention. In brief, the New York Convention has much broader application in the United States. It is applicable not only to awards rendered outside of the United States, but also to non-domestic awards rendered within United States. As this article suggests, the general attitude towards foreign awards is more pro-enforcement in the United States, whether the award is rendered in favor of the American party or in favor of the foreign party.

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The Effect of Foreign Patients' Expectation and Experience on the Satisfaction of Medical service (외국인 환자의 기대수준과 경험수준이 의료서비스 만족도에 미치는 영향)

  • Kim, Ki-Young;Jin, Ki-Nam
    • Korea Journal of Hospital Management
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    • v.18 no.4
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    • pp.1-17
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    • 2013
  • This research tried to understand the expectation and experience level of the medical service among the foreign patients who visit South Korea for a medical tourism, and to find out the effect of expectation and experience level on the satisfaction of medical service. Data collection was done through conducting a survey of inpatients in 4 hospitals located in Seoul, Korea. Total 110 cases were used for analysis. According to the study, expectation level had a significant difference between the group exposed to a word-of-mouth and the group not exposed to the word-of-mouth. The difference analysis of expectation and experience level of the foreign patients showed that all components of the service quality were satisfied. The component of perceived reliability was the only factor influencing the foreign patients' overall satisfaction on the medical service. The findings of this study will be provided a basic data for the marketing strategy which can apply to the satisfaction strategy differentiated from other countries.

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A rare case of esophageal foreign body complicating mediastinitis, pulmonary atelectasis, and daeth (식도이물 사망례)

  • 배정보;조승호;강주원;김병우
    • Proceedings of the KOR-BRONCHOESO Conference
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    • 1976.06a
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    • pp.90.4-90
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    • 1976
  • Foreign bodies of the esophagus are frequently seen in otolaryngological fields and there are numerous reports about the cases of esophageal foreign bodies in the literatures. It is well known and agreed to most of the authors that the most common subjects of foreign bodies in the esophagus are coins in young children. The authors recently experienced a rare case of foreign body in the first narrowing of the esophagus in a l-year-old female who visited with the complaints of fever, dysphagia and imspiratory dyspnea for 5 days, complicating subcutaneous emphysema, periesophageal abscess, mediastinal emphysema, mediastinitis and lung atelectasis causing death.

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Arthroscopic Retrieval Analysis for Intra-articular Foreign Body of the Knee Joint (슬관절내 이물질에 대한 관절경적 제거술식의 분석)

  • Lee, Byung-Ill;Choi, Hyung-Suk;Jo, Joo-Hyoung;Kwon, Sai-Won
    • Journal of the Korean Arthroscopy Society
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    • v.12 no.3
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    • pp.211-216
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    • 2008
  • Purpose: The frequency of foreign body in the knee joint is not as high, but it sometimes required wide or multiple arthrotomy in order to remove, which can baffle the surgeon in some ways. Our study is to evaluate for effectiveness of arthroscopic retrieval for intra-articular foreign body in the knee joint. Materials and Methods: The 22 patients(16 males, 6 females) had received arthroscopic foreign body retrieval in the knee joint from March 1983 to September 2006. The causes of foreign bodies of the knee joint were 7 of trauma (31.9%) related cases, 13 of surgery related cases (59.0%), 2 found during follow up after operation (8.1%) in pathologies of foreign body. Results: There were 15 of metal showed the most percentage (68.1%), 7 of non-metal (31.9%) in types of foreign bodies, and others included bullet, suture material, pencil lead, broken wire etc. All cases were used by arthroscopic techniques. All foreign bodies were removed easily and were showed no complication such as postoperative joint stiffness. Conclusion: Arthroscopic foreign body retrieval in the knee joint is effective surgery in terms of easy access to foreign body and less postoperative complication.

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A Study on the Teaching Sample: An Analysis of Foreign Curriculum (표본 지도에 대한 고찰: 국외 교육과정 분석을 중심으로)

  • Ku, Na-Young;Tak, Byungjoo;Kang, Hyun-Young;Lee, Kyeong-Hwa
    • School Mathematics
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    • v.17 no.3
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    • pp.515-530
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    • 2015
  • The concepts of sample and sampling are central to make a statistically correct decision, so we need to be emphasized their importance in the statistics education. Nevertheless, there were not enough studies which discuss how to teach the concepts of sample and sampling. In this study, teaching sample and sampling is addressed by foreign curricula and cases of instruction in order to obtain suggestions for teaching sample and sampling. In particular, the curricular of Australia, New Zealand, England and the United States are analyzed, considering the sample representativeness and the sampling variability; the two elements in the concept of sample. Also foreign textbooks and cases of instruction when it comes to teach sample are analyzed. The results say that with respect to teach sample can be divided into four suggestions: first, sample was taught in the process of statistical inquiry such as data collection, analysis, and results. Second, sample was introduced earlier than Korea curriculum. Third, when it comes to teach sample, sample variability, as well as sample representativeness was considered. Fourth, technological tools were used to enhance understanding sample.

Analysis of Osteopathic Manipulation and Study on Relationship with Chuna Manual Therapy for Meridian Sinew System (정골의학적(Osteopathic) 수기요법 분석 및 경근추나와의 관련성 연구)

  • Kweon, Jeong-Ju;Lim, Hyung-Ho;Song, Yun-Kyung
    • Journal of Korean Medicine Rehabilitation
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    • v.21 no.2
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    • pp.171-188
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    • 2011
  • Objectives : The aim of this study is to analyze the actual investigation and classification of osteopathic manipulation by investigation of the various literature of the inside and outside of the country, and to present the application plan of osteopathy in chuna manual therapy for meridian sinew system. Methods : I referred to the domestic and foreign books about osteopathy and chiropractic. In order to investigate domestic dissertations, I searched 4 Korean medical databases and 4 Korean medical journals of osteopathy. Search terms used were osteopathy, osteopathic, fascia, proprioreceptor, mechanoreceptor, muscle spindle, golgi tendon organ, osteopathic manipulation technics. And I classified all the searched studies into principle and region and etc. In order to investigate foreign dissertations, I search 'NCBI pubmed'. Search terms used were osteopathy, osteopathic technique, osteopathic manipulative technique. Results : 1. Osteopathy do not regard the systems which compose the human body in individual territory, but regard whole. It is diagnosis, prevention and medicine which treats 2. Osteopathic manipulation techniques are classified into direct techniques, indirect techniques, and compound techniques. 3. Osteopathic manipulation techniques are classified into fascia, muscle, ligament-joint in applied region. 4. I could search clinical cases in domestic and foreign study. I found cases about myofascial release technique(MFR), postisometric relaxation(PIR), proprioceptive neuromuscular fascilitation(PNF), muscle energy technique(MET), joint mobilization in domestic studies, and strain-counterstrain technique(SCS), MET, AK in foreign studies. Conclusions : Osteopathic manipulation techniques can be used in diagnosis and treatment of meridian muscle theory, because osteopathy and the oriental medicine have many similarities in theoretical background. So osteopathic manipulation technique can be useful in oriental medicine treatment techniques.

Exploration on Teaching and Learning Strategies through Analyzing Cases of Foreign Engineering Education (해외 공학교육 사례분석을 통한 교수학습 전략 탐색)

  • Kwon, Sung-Ho;Shin, Dong-Wook;Kang, Kyung-Hee
    • Journal of Engineering Education Research
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    • v.11 no.3
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    • pp.12-23
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    • 2008
  • The purpose of this study is to explore teaching and learning strategies through analyzing cases of foreign engineering education. With the analysis criteria composed of engineering education model, teaching and learning method, evaluation strategy, and technology supporting strategy, 10 foreign colleges of engineering in 5 countries were examined and analyzed. Teaching and learning strategies deduced from analysis state as follows. First of all, it need to develop engineering education models that reform should be made in systematic approach to teaching and learning, workplaces and laboratories, evaluation, technology support, etc. Secondly, the strategy for teaching and learning recommends supporting student directed learning, active learning participation, and collaboration learning by inductive learning strategies such as problem based learning, inquiry learning, project based learning, studio based learning, and blended learning. Thirdly, the evaluation strategy suggests that evaluation should be made to reflect students' learning and facilitate continuous learning based current learning results while it is necessary to build up a whole evaluation system. Finally, it is the educational technology approach for systematic engineering education that is required considering that many foreign colleges of engineering have reformed engineering education through technology supporting systems and are maximizing research and education in connection with other universities. This study is expected to contribute as preliminary data in developing further teaching and learning models and strategies for nurturing engineering students.

Analysis of Food Intake and Physical Activity in Randomized Controlled Trials on Herbal Medicine for Treatment of Human Obesity (비만 치료 한약 무작위 대조 임상시험에서의 음식 섭취량과 운동량 실태분석)

  • Kim, Doo-Hee;Shin, Woo-Suk;Park, Won-Hyung;Cha, Yun-Yeop;Song, Yun-Kyung;Ahn, Min-Youn;Ko, Seong-Gyu
    • Journal of Korean Medicine for Obesity Research
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    • v.13 no.2
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    • pp.58-65
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    • 2013
  • Objectives: The objective of this study was to analyse the methods being used to control food intake and physical activity in RCTs of human obesity. Methods: A total of 21 randomized controlled trials (RCTs) were investigated. Nine of which were domestic studies from "http://oasis.kiom.re.kr" and the other of which were foreign studies from systematic reviews of RCTs on herbal medicine for treatment of human obesity. Results: According to domestic studies, "low calorie diet" were recommended in five cases of the domestic studies, "maintain current dietary habit" were recommended in two and no information on diet was two. Considering the seven cases where the information on diet was available, patients' food intake were checked at every visit in six cases. Only two cases among the six had been dropped owing to the violation of dietary habit by patients. Exercises were prohibited in two cases, "maintain current level of phisical activity" were recommended in three cases and, from the rest, no information was available. The level of physical activity were not strictly controlled by any means hence no drop out. According to foreign studies, "low calorie diet" were recommended in two cases, "very low calorie diet (less than 700 kcal/day)" in one case, "maintain current dietary habit" in two cases, "do not eat fat" in two cases and no information was available in the rest five cases. Exercises which concerns spending about 300 kcal/day was recommended in one case, "moderate exercise" were recommended in three cases, "maintain current level of physical activity" were recommended in three cases and no information available in the rest five cases. Conclusions: In order to improve the accuracy of RCT, for the dietary side, researchers should record patient food intake at every visit by means of 24-hour dietary recall methods. This can be supplemented by multiple choice survey that are designed to help patients to diagnose themselves more accurately leading to less bias. For the exercise side, it is highly recommended to confine the exercises to walking only so as to quantify the amount of physical activity more easily by using pedometer.

The Current Situation and Improvement in International Commercial Arbitration in China (중국국제상사중재제도의 운용실태와 개선방안)

  • Choi Seok-Beom
    • Journal of Arbitration Studies
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    • v.14 no.2
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    • pp.135-172
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    • 2004
  • While doing business in China foreign companies occasionally find themselves embroiled in disputes with Chinese individuals, companies or the Chinese Government. There are three primary ways to resolve a commercial dispute in China are negotiation, arbitration and litigation. The best way of dispute resolution is negotiation as it is the least expensive method and the working relationship of both parties concerned in dispute. But negotiations do not always give rise to resolution. Arbitration is the next choice. Unless the parties concerned can agree to resort to arbitration after the dispute has arisen, the underlying contract namely, sales contract or separate agreement must show that disputes will be resolved by arbitration. Agreements to arbitration specify arbitration body and governing law. There are two Chinese government -sponsored arbitration bodies for handling cases involving at least one foreign party: China International Economic and Trade Arbitration Commission(CIETAC) and China Maritime Arbitration Commission(CMAC) for maritime disputes. Contracts regarding foreign companies doing business in China often designate CIETAC arbitration. CIETAC distinguishes between two kinds of dispute resolutions, foreign-related arbitration and domestic arbitration. For a dispute to be classified as foreign-related arbitration, one of the companies must be a foreign entity without a major production facility or investment in China. CIETAC has published rules which govern the selection of a panel if the contract does not specify how the choice of arbitration will be handled. CIETAC's list of arbitrators for foreign-related disputes, from which CIETAC's arbitrators must en chosen, includes may non-Chines arbitrators. But many foreign experts believe that some aspects of CIETAC needs to be improved. The purpose of this paper is to improve the understanding of arbitration in China, CIETAC by way of studying the current situation and improvement of international commercial arbitration in China.

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Domestic and Foreign Research Trend on the Pediatric Chuna Treatment (소아 추나에 대한 국내·외 연구 동향)

  • Lee, Jin Hwa;Han, Jae Kyung;Kim, Yun Hee
    • The Journal of Pediatrics of Korean Medicine
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    • v.29 no.4
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    • pp.67-76
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    • 2015
  • Objectives The purpose of this review is to investigate the domestic and foreign studies of pediatric Chuna treatment and propose the directions of future studies and clinical applications. Methods We searched for the study at RISS, KISS, DBPIA, Pubmed, CNKI by keywords, '추나', 'Osteopathic', 'Chiropractic', 'Manipulation', '推拿', '導引', '按摩', After 2010. Results 1. Selected 3 domestic studies were categorized as 1 survey study and 2 case reports. Selected 41 foreign studies from Pubmed were categorized as 15 systemic reviews, 8 survey studies, 12 case reports and 6 control studies. Selected 82 foreign studies from CNKI were categorized as 10 systemic reviews, 22 case reports and 50 control studies. 2. 2 clinical domestic studies researched on idiopathic Scoliosis. The foreign clinical studies from Pubmed are 18 cases, and those studies were categorized into Premature baby care (3), Infant colic (2), ADHD (2), Congenital talipes equinovarus (1), Somatic dysfuntion (1), Nonsynostotic occipital plagiocephaly (1), Conversion disorder (1), Lower back pain (1), Chronic bilateral dorsal foot pain and stiffness (1), plantar fasciitis (1), Migraine headaches (1), Cyclic vomiting syndrome (1), Acute otitis media (1) and Cerebral palsy (1). The other 72 foreign clinical studies were from CNKI, and they studied 39 different diseases. Systematically, they studied about digestive diseases (25), respiratory diseases (20), fever (6), musculoskeletal diseases (5), nervous system diseases (5), dermatology diseases (2) and other disease states. The Chuna treatment was used in variety of studies. 3. 2 clinical domestic studies adopted techniques of Osteopathy Chuna. The foreign clinical studies from Pubmed adopted techniques of Osteopathic manipulation (10) and Chiropractic manipulation (8). The other foreign clinical studies from CNKI adopted techniques of Acupressure (69), Abdominal manipulation (23), Spinal manipulation (21), Thoracic manipulation (11), Traction manipulation (2), Muscular manipulation (2), Squeezing Sha manipulation (1), Spine correction (1), Joint manipulation (1) and Fascia manipulation (1). Conclusions In addition to musculoskeletal disorders, variety of pediatric diseases could be treated with Chuna treatment instead of acupuncture.