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A Study on the Rule of Warranty in the English Law of Marine Insurance (영국 해상보험법상 담보(warranty)에 관한 연구)

  • Shin, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.42
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    • pp.275-305
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    • 2009
  • Marine insurance contracts, which intended to provide indemnity against marine risks upon the payment of price, known as a premium, originated in Northern Italy in the late 12th and early 13th centuries. The law and practice were later introduced into England through the Continent. It is, therefore, quite exact that English and European marine insurance law have common roots. Nevertheless, significant divergences between English and European insurance systems occurred since the late 17th century, mainly due to different approaches adopted by English courts. The rule of warranty in English marine insurance was developed and clarified in the second part of the 18th century by Lord Mansfield, who laid the foundations of the modern English law of marine insurance, and developed different approaches, especially in the field of warranty in marine insurance law. Since the age of Lord Mansfield, English marine insurance law has a unique rule on warranty. This article is, therefore, designed to analyse the overall rule of the rule of warranty in English marine insurance law. The result of analysis are as following. First, warranties are incorporated to serve a very significant function in the law of insurance, that is, confining or determining the scope of the cover agreed by the insurer. From the insurer's point of view, such the function of warranties is crucial, because his liability, agreed on the contract of insurance, largely depend on in, and the warranties, incorporated in the contract play an essential role in assessing the risk. If the warranty is breached, the risk initially agreed is altered and that serves the reason why the insurer is allowed to discharge automatically further liability from the date of breach. Secondly, the term 'warranty' is used to describe a term of the contract in general and insurance contract law, but the breach of which affords different remedies between general contract law and insurance contract law. Thirdly, a express warranty may be in any form of words from which the intention to warrant is to be inferred. An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy. It does not matter how this is done. Fourthly, a warranty is a condition precedent to the insurer's liability on the contract, and, therefore, once broken, the insurer automatically ceases to be liable. If the breach pre-dates the attachment of risk, the insurer will never put on risk, whereas if the breach occurs after inception of risk, the insurer remains liable for any losses within the scope of the policy, but has no liability for any subsequent losses. Finally, the requirements on the warranty must be determined in according to the rule of strict construction. As results, it is irrelevant: the reason that a certain warranty is introduced into the contract, whether the warranty is material to the insurer's decision to accept the contract, whether or not the warranty is irrelevant to the risk or a loss, the extent of compliance, that is, whether the requirements on the warranty is complied exactly or substantially, the unreasonableness or hardship of the rule of strict construction, and whether a breach of warranty has been remedied, and the warranty complied with, before loss.

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Constitutional Legitimacy of the Maritime Cadet Training System : Justifiable Restrictions on the Cadet's Fundamental Rights at the College of Maritime Science of the KMOU (해사대학 승선생활교육의 헌법상 기본권제한에 관한 연구 - 한국해양대학교 해사대학을 중심으로 -)

  • Lee, Sang-Il;Yoo, Jin-Ho;Choi, Jung-Hwan
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.22 no.5
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    • pp.430-443
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    • 2016
  • This paper involves the constitutionality of the restrictive by-laws established by the 'College of Maritime Science' at the 'Korea Maritime and Ocean University' when they affect the cadet's fundamental rights, particularly, in connection with the training system of the 'Merchant Cadet Dormitory.' The issue in question is whether the school regulations may fall within a judicially permissible boundary in light of the general principles of constitutional rights in that the rules are enacted by the school itself in accordance with the Article 31, Section 4 of the Constitution and largely regulate the cadets' living conditions on a campus. However, the general scrutiny standard the courts apply requires the school enactments to pass three tests to be justified: (1) legislative authorization, (2) proportionality and (3) non-infringement on the essential elements of the fundamental rights as articulated under Article 37, Section 2 of the Constitution. The review in this paper shows that, first, the by-laws at issue find themselves statutorily authorized by the 'Higher Education Act' and the 'Decree of the Establishment of National Schools', with the proportionality as a second part observed within a justifiable scope and the essential elements of the fundamental rights as the third point not being marred. In conclusion, the school's dormitory training system is not found to cross the line and, however, the school authorities still need to keep overseeing the overall training course to secure the constitutional proportionality.

Analyses on the Degree of Learning Achievement by Students and on Differences of Explaining in High School Chemistry-II Textbooks for the Atomic Models and Electron Configurations (원자모형과 전자배치 단원에 대한 고등학교 학생들의 학습 성취도 및 화학 II 교과서의 설명방식의 차이점에 대한 분석)

  • Chang Kon Kim
    • Journal of the Korean Chemical Society
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    • v.47 no.3
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    • pp.273-282
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    • 2003
  • A questionnaire on "atomic models and electron configuration" was performed on 34 of 11th grade and 38 of 12th grade students who took the Chemistry-II course in order to examine the degree of learning achievement. Also eight Chemistry-II textbooks published in the 6th curriculum were analyzed for the similarities and differences in dealing with this topic and possible improvements were discussed in conjunction with the questionnaire. The results of this questionnaire showed that the degree of learning achievement on the topics between two different classes were not much different in general, although a little difference was found. This indicates that the topics have been taught in early 11th grade but subsequent supplemental teaching has not been performed. To study on the topics of "atomic models and electron configuration" effectively and systematically, knowledge on the basic spectroscopy and quantum mechanics should be preceeded. However this could be practically difficult under the current high school curriculum. Therefore It would be necessary to describe the basic concepts for the quantum mechanics and spectroscopy schematically in the "Reference Materials" section of the textbook, even if it is not very long. On the other hand, the Chemistry-II textbooks analyzed in this work reveal, in general, to have the similar organization and explanation modes. However it has been analyzed that a connection between the Bohr and electron-cloud atomic models might be insufficient or position of electrons might be possible to be misunderstood by students in some textbooks.

A Study on the Daily Probability of Rainfall in the Taegu Area according to the Theory of Probaility (대구지방(大邱地方)의 확률일우량(確率日雨量)에 관(關)한 연구(硏究))

  • Kim, Young Ki;Na, In Yup
    • Economic and Environmental Geology
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    • v.4 no.4
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    • pp.225-234
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    • 1971
  • With the advance of civilization and steadily increasing population rivalry and competition for the use of the sewage, culverts, farm irrigation and control of various types of flood discharge have developed and will be come more and more keen in the future. The author has tried to calculated a formula that could adjust these conflicts and bring about proper solutions for many problems arising in connection with these conditions. The purpose of this study is to find out effective sewage, culvert, drainage, farm irrigation, flood discharge and other engineering needs in the Taegu area. If demands expand further a new formula will have to be calculated. For the above the author estimated methods of control for the probable expected rainfall using a formula based on data collected over a long period of time. The formula is determined on the basis of the maximum daily rainfall data from 1921 to 1971 in the Taegu area. 1. Iwai methods shows a highly significant correlation among the variations of Hazen, Thomas, Gumbel methods and logarithmic normal distribution. 2. This study obtained the following major formula: ${\log}(x-2.6)=0.241{\xi}+1.92049{\cdots}{\cdots}$(I.M) by using the relation $F(x)=\frac{1}{\sqrt{\pi}}{\int}_{-{\infty}}^{\xi}e^{-{\xi}^2}d{\xi}$. ${\xi}=a{\log}_{10}\(\frac{x+b}{x_0+b}\)$ ($-b<x<{\infty}$) ${\log}(x_0+b)=2.0448$ $\frac{1}{a}=\sqrt{\frac{2N}{N-1}}S_x=0.1954$. $b=\frac{1}{m}\sum\limits_{i=1}^{m}b_s=-2.6$ $S_x=\sqrt{\frac{1}{N}\sum\limits^N_{i=1}\{{\log}(x_i+b)\}^2-\{{\log}(x_0+b)\}^2}=0.169$ This formule may be advantageously applicable to the estimation of flood discharge, sewage, culverts and drainage in the Taegu area. Notation for general terms has been denoted by the following. Other notations for general terms was used as needed. $W_{(x)}$ : probability of occurranec, $W_{(x)}=\int_{x}^{\infty}f_{(n)}dx$ $S_{(x)}$ : probability of noneoccurrance. $S_{(x)}=\int_{-\infty}^{x}f_(x)dx=1-W_{(x)}$ T : Return period $T=\frac{1}{nW_{(x)}}$ or $T=\frac{1}{nS_{(x)}}$ $W_n$ : Hazen plot $W_n=\frac{2n-1}{2N}$ $F_n=1-W_x=1-\(\frac{2n-1}{2N}\)$ n : Number of observation (annual maximum series) P : Probability $P=\frac{N!}{{t!}(N-t)}F{_i}^{N-t}(1-F_i)^t$ $F_n$ : Thomas plot $F_n=\(1-\frac{n}{N+1}\)$ N : Total number of sample size $X_l$ : $X_s$ : maximum, minumum value of total number of sample size.

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The Cadaver experience of the nursing students

  • Kim, Jung-ae;Eui-Young, Cho
    • International Journal of Advanced Culture Technology
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    • v.5 no.3
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    • pp.11-23
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    • 2017
  • Anatomy is one of the basic subjects of the nursing course, which is included in the curriculum of the nursing. Anatomy is a basic course for understanding major in nursing and it is the first gateway to acquire expertise. It is mainly opened in nursing and first to second grades. Therefore, students who have advanced to the nursing department have great interest and expectation on the anatomy subjects. In general, nursing students are studying anatomy with theories and models, and some universities practice on tour after dissection of medical consortium for short time. This is called the Cadaver practice. This study was carried out to investigate the thoughts and experiences of bioethics through nursing students' Cadaver practice. The interview data were processed through the analysis and interpretation process using the phenomenological research method, Giorgi method. As a result, 48 semantic units were derived, and then they were divided into 10 subcomponents and divided into 6 categories. As a result of the analysis, the experience of nursing students' bioethics was tied to the topic of six questions. For example, 'what about the respect and responsibility of nursing students in Cadaver?', 'What about your experience with the Cadaver experiment and bioethics?', 'What was the academic achievement of the actual human body structure viewing experience with cadaver?', 'What was the connection with theory?', 'What was your intention to recommend to others?', 'What was your perception and interest in the Cadaver experiment?'. Analyzes were integrated into 10 structures; "Thank you for your donation", "want others to refuse donation", "Burden of practice", "Good opportunities for learning", "Understand better", "Should study harder", "Memory is better", "Compared to theory", "Good experience", "Want to rejoin". The general structural description of the participants' meanings is summarized as follows. Nursing college students who participated in the Cadaver had a gratitude for the donor, but they said they would like to talk to others about donating organs. Before they went to practice, they felt a lot of pressure on the dissection of the cadaver, but they went to the practice and thought that it was a good opportunity to learn by doing well. Specifically, they understood that they had better understanding than the theoretical lesson, and that they were more eager to study their major through practice. In other words, most of them were more memorable and they would like to participate again if the opportunity comes next time. The results of this study show that the practice of Cadaver in nursing college students is very positive in terms of educational effectiveness. However, in terms of bioethics, it can be seen that the education process is somewhat unsatisfactory. Therefore, the systematic bioethics education should be prepared before the practice in the nursing college students' Cadaver practice.

DENTAL CARIES TREATMENT IN FEEDING PROBLEM PATIENT WITH CONGENITAL ESOPHAGEAL ATRESIA : A CASE REPORT (선천성 식도폐쇄를 가진 식이장애 환아의 치아우식 치료 증례 보고)

  • Heo, Seon-Jae;Lee, Mi-Yeon;Shin, Teo Jeon;Hyun, Hong-Keun;Kim, Jung-Wook;Jang, Ki-Taeg;Lee, Sang-Hoon;Kim, Chong-Chul;Kim, Young-Jae
    • The Journal of Korea Assosiation for Disability and Oral Health
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    • v.12 no.1
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    • pp.6-10
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    • 2016
  • Esophageal atresia is the abnormal development of the esophagus that connects the mouth to the stomach. This birth defect results in the incomplete connection of the esophagus to the stomach causing an inability to swallow properly and breathing difficulties. Surgery is the only treatment for esophageal atresia. Patients undergone an esophageal reconstruction usually suffer from gastroesophageal reflex. A 5-year old boy with congenital esophageal atresia and Sciwitar syndrome visited Seoul National University Dental Hospital because generalized excessive loss of tooth structure. The patient had history of multiple operations for reconstruct esophagus. He had little food intake experience thought oral and had difficulty to swallowing. The patient was generalized severe erosive and decayed state. For patient, the dental procedure under general anesthesia was scheduled due to the multiple caries with erosion and poor cooperation. Under general anesthesia, pulpectomy and restoration as well as extraction was performed. Gastroesophageal reflex is potentially serious condition, with various extraesophageal adverse effects such as dental erosion. To prevent progression of dental caries, dietary counselling and oral hygiene instruction should be reinforced. Also, restorations to erosive teeth will maintain esthetics and function and preserve pulp vitality.

A Study on Development Directions of System for the Level Diagnosis of U-City for U-City Activation (U-City 고도화를 위한 수준진단체계 개발방향에 관한 연구)

  • Jang, Hwan Young;Lim, Yong Min;Lee, Jae Yong
    • Journal of Korean Society for Geospatial Information Science
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    • v.23 no.2
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    • pp.49-58
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    • 2015
  • Up to the present point in time, the level diagnosis system for urban reactivation have utilized various methods for establishment and management in Korea and overseas, such as city competitiveness evaluation, urban decay diagnosis, etc. However, contrary to performing diagnosis and evaluations on general cities in existing studies, it is found to be a very complex and difficult task to perform a diagnosis on the level of U-City due to its unique characteristics. It is difficult to determine the level of a U-City using a level diagnosis system used for general cities because a U-City is comprised of a connection/fusion of various structural elements. Therefore, in order to perform a systematic diagnosis of a U-City, it is necessary to primarily observe the structural characteristics of a U-city to derive a diagnosis system based on the relativity between each structural element. This study aims to propose a directivity of a U-City level diagnosis system in comprehensive consideration of various elements, such as the objective of a U-City, as well as the structural elements that compose a U-City based on the definitions prescribed in U-City legislations, including ubiquitous city planning, ubiquitous city infrastructure, ubiquitous city technology, services, etc. The results of this study are expected to provide a resolution for the regional quality differences of U-Cities, and also establish a stepping-stone for the realization of U-Cities with high degree of completion.

Perception of Importance and Performance in the Infection Control of Visiting Nursing Personnel in Public Health Centers (보건소 방문간호요원의 감염관리에 대한 중요성 인지도 및 실천도)

  • Kim, Kum-Nam;Oh, Jjn-Joo
    • Research in Community and Public Health Nursing
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    • v.11 no.2
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    • pp.389-398
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    • 2000
  • The work of visiting nursing personnel consists mostly of direct nursing and it is absolutely necessary that training of the nursing personnel for infection control be emphasized because most of patients are composed of elderly people with chronic diseases and malnutrition who are highly susceptible to infection. Accordingly. this study was designed to provide basic data for the development of an infection control program in public health centers as well as the promotion of perception and performance of infection control by analysing the perception of importance and performance in the infection control of visiting nursing personnel who carry out visiting nursing services. The subjects of this study consisted of a number of visiting nursing personnel working for 15 public health centers. 15 health-center branches. and 16 health clinics. The collection of data was grounded on a questionnaire method. The questionnaire breaks down to 8 questions about general characteristics and 108 questions in connection with the perception and performance of infection control. The results of this study are as follows: 1. 82 subjects (78.1%) responded that it is necessary to control infection. 79 subjects(75.3%) responded that education is necessary for infection control. 50 respondents (47.6%) answered in the affirmative in regard to the role of infection carriers. 2. The mean score for the perception of importance in infection control was 4.55 and that performance accounts for 4.03. this turns out to be very high. 3. In terms of the perception of importance per each field of infection control. medication. the management of contamination and sterilization, the control of environments and instruments. washing hands and individual hygiene as well as the prevention of cross-infection and the supervision of infection stand at 4.72. 4.64. 4.60. 4.58. 4.52 and 4.21 respectively. In terms of performance. the supervision of infection. the control of environments and instruments, individual hygiene and the prevention of cross infection. medication. washing hands, and the management of contamination and sterilization was 4.21. 4.12. 4.10. 4.03. 3.91 and 3.81 respectively. 4. In terms of the correlation between the perception of importance and the performance of infection control. the score stands high in all fields: this means the high perception of importance leads to high performance statistically (P< .05). 5. In terms of the perception of importance in general characteristics. there is no significant difference while the form of working places. working career and the career as visiting nursing personnel show a significant difference in terms of performance(P< .05). From the results. it is suggested that the visiting nursing personnel should be constantly educated with the aid of the development of infection control programs and that instructions and instruments for the management of infection should be worked out so as to enhance the performance of infection control on the part of nurses in applicable communities.

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Investigation of Domain-specificity and Domain-generality of Creativity in Young Children (창의성의 영역 한정성과 영역 보편성에 관한 분석과 탐구)

  • Han, Ki-Soon
    • Journal of Gifted/Talented Education
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    • v.10 no.2
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    • pp.47-69
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    • 2000
  • One of the most controversial issues in contemporary research of creativity, whether a person"s creativity is domain-specific or domain-general, was investigated with 109 second grade children in the present study. The purposes of this study sere to empirically examine (1) the relationships among children's creative performances measured by three product-based assessments (story-telling, collage-making, and math word problems) in three domains, and (2) the relationships between children's general creative thinking sills, measured by two divergent thinking tests, and children's creative performances. The findings of this study support the position that creative ability in young children is rather (but not absolutely0 domain-specific. Children exhibited a range of creative ability across different domains rather than a uniform creative ability in diverse domains, indicating there is considerable intra-individual variation in creative ability by domain. Divergent thinking measures did not have great power in predicting creative performance in at least two of three, if not all, domains assessed in the study. It is implied from the study that it is not possible to reliably predict a child"s creative ability in one domain based on his/her creative ability in other domains or his/her overall divergent thinking ability. Implication of the study in connection with educational practices for gifted children is discussed.

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Characteristics and Death Risk Factors of Patients in Long-Term Care Hospital Connected to Special Hospital (일개 특수 요양병원 환자들의 특성 및 사망 위험요인)

  • Park, Un Je
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.12
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    • pp.651-659
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    • 2020
  • The objective of this study is to provide high-quality medical service, by understanding the characteristics and death risk factors of patients at V long-term care hospital, that has established and operated the cooperative treatment system in connection with a public institution, the S veterans hospital. A follow-up survey targeting a total of 850 discharged patients was conducted for the year 2017. Average age of patients was 79.2 years, with 86.4% belonging to the 70 years or over group. The men of national merit were 75.4%, which was more than three times higher than general patients. Hospitalization for 180 days or more was 46.4%, which was higher than general long-term care hospitals (37%). The major death risk factors were age and the number of hospitalized days. Our data indicate that transfer to S veterans hospital results in providing quicker treatment and higher effectiveness of the numerous recovery therapies. We therefore propose that the cooperative treatment system should be expansively operated to increase the quality of happy life, by alleviating the health of patients with chronic diseases in a long-term care hospital.