• Title/Summary/Keyword: Foreign cases

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Analysis, Recognition and Enforcement Procedures of Foreign Arbitral Awards in the United States

  • Chang, Byung Youn;Welch, David L.;Kim, Yong Kil
    • 한국중재학회지:중재연구
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    • 제27권3호
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    • pp.53-76
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    • 2017
  • Korean businesses, and their legal representatives, have observed the improvements of enforcement of commercial judgments through arbitration over traditional collections litigation in U.S. Courts-due to quicker proceedings, exceptional cost savings and more predictable outcomes-in attaching assets within U.S. jurisdictions. But how are the 2016 interim measures implemented by the Arbitration Act of Korea utilized to avoid jurisdictional and procedure pitfalls of enforcement proceedings in the Federal Courts of the United States? Authors examine the necessary prerequisites of the U.S. Federal Arbitration Act as adopted through the New York Convention, to which Korea and the U.S. are signatories, as distinguished from the Panama Convention. Five common U.S. arbitration institutions address U.S. "domestic" disputes, preempting U.S. state law arbitrations, while this article focuses on U.S. enforcement of "international" arbitration awards. Seeking U.S. recognition and enforcement of Korean arbitral awards necessitates avoiding common defenses involving due process, public policy or documentary formality challenges. Provisional and conservatory injunctive relief measures are explored. A variety of U.S. cases involving Korean litigants are examined to illustrate the legal challenges involving non?domestic arbitral awards, foreign arbitral awards and injunctive relief. Suggestions aimed toward further research are focused on typical Korean business needs such as motions to confirm foreign arbitration awards, enforce such awards or motions to compel arbitration.

농촌 정주형 역사환경 보전방법론 고찰 - 외국 선례를 중심으로 - (Conservation Methods for Historic Rural Settlements - with focus on foreign precedents -)

  • 강동진
    • 농촌계획
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    • 제4권2호
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    • pp.41-57
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    • 1998
  • Now, the conservation policy of historic environments in Korea which started in early 1980's, is in a danger. In addition, because of economic crisis started last year, the concerns for historic environments are growing weaker. However, this situation can be a good opportunity to prepare for the coming conservation works, The purpose of this study is to find clues for conservation of historic environments by considering foreign precedents. For concrete results, this study selects historic rural settlements as a case and focuses on the relationship among related people in the light of the their rights. Based on the consideration of foreign precedents, three different characters in the conservation process could be identified compared with korean cases; 1) Except partial works of public sector, generally the conservation process is under the control of nonprofit groups and residents themselves, 2) Conservation methods include with the proper change process for the sustainable settlement, and avoid the unconditional past-oriented approach, 3) Conservation methods are composed of not only the preservation of external forms such as assets but also the continuous participation and management of the community. And the most important clue which has been extracted is that the diverse rights of related people in the historic rural settlements should be kept in balance thoroughly.

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The Effectiveness of the Cooperation Agenda in FTAs: Ways to Promote Foreign Investment and Development Assistance in Asia

  • Hur, Nany
    • Journal of Korea Trade
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    • 제25권6호
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    • pp.1-19
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    • 2021
  • Purpose - This paper aims at analyzing the functions and effectiveness of the cooperation agenda in Free Trade Agreements (FTAs), focusing on the cases of Asian countries. This paper estimates the contribution of this agenda to the sustainable development in Asia by providing the 'side payment' of the economic integration that encourages foreign investment and change in global value chains (GVC). Design/methodology - This study analyzes the functions of the cooperation chapter in FTAs by applying the cooperative game theory and reviewing the structures of the related FTAs. Also, as an empirical study, the existing FTA provisions and related development assistant programs in Asia are reviewed in this paper, especially focusing on the FTAs signed by Korea. Findings - Our main findings can be summarized as follows: The drawback of the economic integration, which would be the imbalanced economic benefit, can be redressed by the cooperation chapter in FTAs functioning as a 'side payment'. Indeed, as the examples of Korean FTAs show, more foreign investment and the GVC expansion in Asian countries have been encouraged thanks to the implementation of the cooperation chapters. Originality/value - This paper attempts to find how a legally binding agreement would influence the cooperation agenda in Asia which has never been analyzed despite the increasing number of so-called 'cooperation' chapters in the FTAs.

Bowel Obstruction Due to Less-Digestible Pet Food with No Shadowing on Ultrasonography in a Small-Breed Puppy

  • Junyoung Kim;Jihye Choi;Junghee Yoon
    • 한국임상수의학회지
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    • 제41권2호
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    • pp.127-132
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    • 2024
  • A 6-month-old intact female Bichon Frise dog weighing 0.9 kg presented with vomiting, anorexia, and lethargy persisting for 3 days. No remarkable abnormalities were detected on the history or physical examination. Laboratory findings were mostly normal, except for elevated levels of alkaline phosphatase (ALP) and blood urea nitrogen (BUN). Abdominal radiography revealed a fluid-dilated stomach and gas-dilated intestinal loops in the regional areas. Abdominal ultrasonography was performed to investigate the cause of gastrointestinal dilation, which revealed a rectangular, homogeneous, echogenic foreign material with no shadowing in the small intestine, causing mechanical obstruction. Upon further inquiry involving detailed re-take of history with the owner, a history of ingesting dog gum 4 days prior was identified. On surgical enterotomy, the hard pet food was identified and removed from the distal duodenum. Postoperatively, the patient's clinical signs showed complete improvement, with a return to normal appetite. The present case demonstrates that less-digestible, hard pet food, despite showing no shadowing on ultrasonography, can act as a foreign material, causing mechanical intestinal obstruction in a small-breed puppy. Furthermore, surgical removal of these materials is necessary in cases of intestinal obstruction.

파노라마 X선 사진을 이용한 무치악 환자의 방사선학적 연구 (PANORAMIC RADIOGRAPHY IN THE EXAMINATION OF EDENTULOUS PATIENTS)

  • 문제운;최순철
    • 치과방사선
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    • 제22권2호
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    • pp.259-269
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    • 1992
  • The author has examined the abnormalities in panoramic radiographs of 668 edentulous patients. The distribution, type, incidence, and location of all abnormalities were analized, and the distances between alveolar crest and anatomical structures were measures. (Maxillary measurements were performed between alveolar crest and lower margin of the maxillary sinus and mandibular measurements between alveolar crest and upper edge of the mental foramen.) The obtained results were as follows: 1. Of the 668 panoramic radiographs examined, 103(15.4%) showed one or more abnormalities. 2. The incidence of abnormalities was decreased by years, which was 22.0% in 1970's and 16.8% in 1980's and 12.1 % in 1990's. 3. The distribution of abnormalities as follows; 43 (40.2%) superficial root fragments, 24(22.4%) impacted teeth, 9(8.4%) imbedded root fragments, 7 (6.5%) cysts, 7(6.5%) fractures, 5(4.7%) foreign bodies, 5(4.7%) abnormal radiolucencies, 4(3.7%) abnormal radiopacities, 2(1.9%) bony defects, 1(0.9%) tumor. 4. In the location of abnormalities, 42 cases (35.3%) were in the maxillary posterior region, 26 cases(21.8%) were in the maxillary anterior region, 20 cases(24.4%) were in the mandibular posterior region and 18 cases(15.1%) were in the mandibular anterior region. 5. In the distance between alveolar crest and maxillary sinus, 109 cases(9.7%) were below 0.5㎜, 757 cases(67.6%) were between 0.5㎜ and 10㎜, 254 cases(22.7%) were above 10㎜. In the distance between alveolar crest and mental foramen, 73 cases (8.8%) were below 0.5㎜, 501 cases (60.7%) were between 0.5㎜ and l0㎜ and 252 cases(30.5%) were above 100㎜.

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경추 전방 잠금식 금속판이 장기적으로 경추에 미치는 영향 (Long-term Effects on the Cervical Spine after Anterior Locking Plate Fixation)

  • 김근수
    • Journal of Korean Neurosurgical Society
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    • 제30권4호
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    • pp.493-500
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    • 2001
  • Objective : Anterior cervical locking plates are the devices for achieving anterior cervical spinal fusion. This study was conducted to evaluate the locking plate system regarding its long-term advantages and disadvantages in the view of interbody fusion rate, hardware-related failures, vertebral change close to the fusion segment and postoperative complications. Method : Eight-six patients, operated from Jan., 1996 to Jun. 1998, were followed-up for more than two years. All of the cases were fused with iliac bone graft and ORION locking plate(Sofamor Danek USA, Inc., Memphis, TN) fixation. The patients were discharged or transferred to rehabilitation department 2-7 days after operation. A comprehensive evaluation of the interbody fusion state, instrument failure, vertebral change and postoperative complications were made by direct interview and cervical flexion-extension lateral plain films. Results : There were 55 male and 31 female with a mean age of 45 years(18-75 years). The mean follow-up period was 29 months(24-43 months). Various disorders that were operated were 40 cervical discs, 6 cervical stenosis including OPLL, 2 infections, and 38 traumas. Fusion level was single in 59 cases, two levels of each disc space in 15 cases, and two levels after one corpectomy in 12 cases. There was no instrument failure. Pseudoarthrosis was observed in two cases(2%) without radiological instability. The other patients(98%) showed complete cervical fusion with stable instrument. Mild settling of interbody graft with upward migration of screws was found in 12 cases(14%). Anterior bony growth at the upper segment was found in 5 cases(6%). Postoperative foreign body sensation or dysphagia was observed in 12 cases(4%), and disappeared within one month in 7 cases and within six months in 4 cases. One patient complained for more than six months and required reoperation to remove paraesophageal granulation tissue. Conclusion : The results show that Orion cervical locking plate has some disadvantages of upward migration of screws, anterior bony growth at the upper segment, or possibility of esophageal compression even though it has advantages of high interbody fusion rate or low instrument failure. Author believe that anterior cervical locking plate in the future should be thinner, and should have short end from the screw hole, and movable screw with adequate stability.

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초(初).중등학교(中等學校) 건축(建築)의 색채계획(色彩計劃) 분석(分析) 연구(硏究) -국내.외 학교건축의 사례 중심으로- (A Study on Color Planning of Elementary, Middle and High School Buildings -A Case Study of Domestic and Foreign School Buildings-)

  • 김인혁;강병근
    • 교육녹색환경연구
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    • 제10권1호
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    • pp.74-87
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    • 2011
  • The purpose of this study is in providing a systematic method for school building color scheme. This study analyzed the cases of color uses in domestic and foreign school buildings. The results from this study tells that the colors in school buildings should take into account the environmental, psychological and functional elements at the same time to effectively function as environmental color, effect color and induction color.

On Practical Efficiency of Locally Parametric Nonparametric Density Estimation Based on Local Likelihood Function

  • Kang, Kee-Hoon;Han, Jung-Hoon
    • Communications for Statistical Applications and Methods
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    • 제10권2호
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    • pp.607-617
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    • 2003
  • This paper offers a practical comparison of efficiency between local likelihood approach and conventional kernel approach in density estimation. The local likelihood estimation procedure maximizes a kernel smoothed log-likelihood function with respect to a polynomial approximation of the log likelihood function. We use two types of data driven bandwidths for each method and compare the mean integrated squares for several densities. Numerical results reveal that local log-linear approach with simple plug-in bandwidth shows better performance comparing to the standard kernel approach in heavy tailed distribution. For normal mixture density cases, standard kernel estimator with the bandwidth in Sheather and Jones(1991) dominates the others in moderately large sample size.

FRBR모형의 적용 전략에 관한 연구 - 해외 사례를 중심으로 - (A Study on the Application Strategies of the FRBR Model: Focused on Foreign Countries)

  • 이성숙
    • 한국문헌정보학회지
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    • 제40권3호
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    • pp.305-331
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    • 2006
  • 서지세계의 개념모형인 FRBR은 디지털도서관의 확산으로 그 유용성이 더 증대되고 있다. 이 연구의 목적은 FRBR 모형의 적용 전략을 살펴보기 위한 것이다. 이 연구에서는 해외 적용사례를 대상으로 FRBR 모형의 채택 이유와 FRBR 제1집단 개체의 수용방법을 살펴보았다. 이 연구 결과는 FRBR모형에 대한 연구 및 구현의 활성화를 위해 활용될 수 있을 것이다.

On the Interval Estimation of the Difference between Independent Proportions with Rare Events

  • im, Yongdai;Choi, Daewoo
    • Communications for Statistical Applications and Methods
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    • 제7권2호
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    • pp.481-487
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    • 2000
  • When we construct an interval estimate of two independent proportions with rare events, the standard approach based on the normal approximation behaves badly in many cases. The problem becomes more severe when no success observations are observed on both groups. In this paper, we compare two alternative methods of constructing a confidence interval of the difference of two independent proportions by use of simulation. One is based on the profile likelihood and the other is the Bayesian probability interval. It is shown in this paper that the Bayesian interval estimator is easy to be implemented and performs almost identical to the best frequentist's method -the profile likelihood approach.

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