• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.33-66
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• 2009

Common law makes a distinction between partial breach and material breach. Attempted definitions of material breach are notoriously unsatisfactory, and the concept of partial breach does not necessarily bear an inverse relationship to substantial performance. This study will review the basic structure of common law contract remedies together with how these remedies are reflected in UCC Article 2 for sale of goods contracts. The matter is complicated because availability of remedy depends on the seriousness of the breach, and the right to cure, and (for sale of goods) these in turn depend on whether the contract is an installment contract or a single performance contract. Common law jurisdictions relegate specific performance of contracts to a last place in the hierarchy of contract remedies. Common law lawyers should recognize that this is the result of historical accident and not the product of some kind of superior intellectual effort. Not only is the attitude of civil law systems toward specific performance quite different, but for international sales contracts in developing nations, a remedy system based on the notion that substitute contracts are readily available(and therefore damage remedies are appropriate) is unrealistic. English common law courts were largely restricted to remedies in the form of monetary damages. For that reason the primary contract remedy at common law has never been specific performance. Rather, common law courts have struggled to develop an appropriate measure of monetary damages for breach of contract. Today, specific performance is viewed as an equitable remedy rather than common law. In the United States the dual court system has been abolished by a merger of law and equity courts into a single court structure. However some historical distinction linger on. The most important is that jury trials are generally not available in actions that seek equitable relief. If a plaintiff seeks in personam relief, such as specific performance of a contract, the action will be viewed as equitable and there will be no entitlement to a jury. Further, equitable relief will be granted only in those situations where the plaintiff pleads and proves that the remedy at law is inadequate. The purpose of this study aims to analyze the remedy system of breach of contract of U.K. and U.S. in the international commercial transactions with criterion of commercial rationality.

• Journal of Families and Better Life
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• v.30 no.2
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• pp.137-152
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• 2012

The graying of populations is emerging as an international issue around the world, and this is a problem that is rapidly advancing in Korea as well, signaling the need for financial preparations for the aged. For this purpose, various retirement pension systems are being employed as preparatory measures for the nation's elderly. Using data from 1474 people in the 2007 panel study of National Security for the Retired, the present work attempts to look at satisfaction rates with regard to public pension receipts for the national pension and special occupational pensions according to general characteristics and factors related to the preparation for an aging society. Satisfaction with retirement pension receipts according to the type of pension was high for special occupation retirement pensions, individual retirement pensions and the national retirement pension, in that order. Looking at satisfaction rates based on the general characteristics of pension recipients, the study revealed that for the national pension, satisfaction was highest for groups with above-average physical and psychological health, groups who think appropriate living expenses for the elderly are lower, groups in which a partner also earns income, and groups who had amply prepared for their expected living expenses in later life. Regarding special occupation retirement pensions, satisfaction was high for groups over the age of 70, groups with good psychological health, and groups sufficiently prepared for their living expenses in later expenses, compared to groups for which these factors did not apply. In terms of the relative influences impacting retirement pension recipient satisfaction, satisfaction with the national pension was highest when the primary source to cover elderly living expenses was a resource other than income earned by the recipient and their partner and/or income received from children. Concerning special occupation retirement pensions, satisfaction was highest among those whose education terminated before middle school, and for those in good physical health. Based on the above results, it is vital that plans exist for preparing sufficiently for the living expenses of the elderly and for facilitating the physical and psychological health of pension recipients. Plans are also necessary to, ensure that citizens are provided with easily accessible educational programs and activities regarding general installment savings and deposits, stocks and bonds, real estate investments, individual retirement pensions, private insurance, severance pay pensions, and public pensions.

• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.207-254
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• 2018

The major court rulings delivered in 2017 include the ruling that separated the legal character of denture production agreement signed together with medical care agreement and found a subcontracting dimension in the former, and the ruling that overcame the limitations of the theory of entire appearance of a fetus as discussed in civil law by using the legal principle of insurance which suggests that unborn child insurance takes effect after the contract is signed and the first installment of the premium is paid in. As more court rulings find the medical specialists responsible for accidents and injuries from drugs, some argue that medication counseling by the druggist who makes and dispenses drugs should be upgraded. And with respect to a court ruling that denied the hospital's responsibility for an infection-involving accident even if there were no records on specific measures taken in infection management, some criticized the court for being too conservative in recognizing responsibilities. And with respect to infectious disease management, some criticized the court for its interpretation and application of the facts in the direction of denying the negligence. In addition, some claimed that it is necessary to establish institutional system for hospital infection control and its aid for victims, and to improve the system including the reversal of the burden of proof given the special nature of hospital infections. A number of rulings on the duty to disclose included the one which stated that the specific matter did not require a doctor's explanation as it was explained or the specific medical service would have been performed even if no explanation had been given. There was a greatly controversial ruling over the scope of indemnification, which accepted the occurrence of multiple scars and deformation as disorders while regarding breast as a thoracic organ. And a Supreme Court ruling over interpreting Medical Service Act was criticized as overstepping the boundary allowed in the law.

• Korean Journal of Construction Engineering and Management
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• v.11 no.3
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• pp.55-63
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• 2010

Although the environmental conflicts regarding noise and vibration are continually increasing during construction, noise and vibration occurring in construction are only managed in construction phase. Noise and Vibration occurring in construction are considered to be insufficient, so we find that noise and vibration management in design phase has to be operated for reducing. The objective of this paper is to present noise and vibration management lists to consider in design phase for enhancing efficiency in noise and vibration management and to develop the appraisal sheets for designers to evaluate and the manuals to easily use management lists. To achieve this, we identify the noise and vibration management lists to consider in design phase through analyzing the previous literatures and confirm the 9 lists through conducting a research with experts in environmental area for verifying the propriety of lists. Also, this study applies to AHP technique to identify the priority and the weight evaluation among the lists. Through this study, we identify the most efficient lists, including from the low noise and low vibration methods, the noise and vibration reduction by blasting works, the installment and the arrangement of noise and vibration control equipments, for noise and vibration management in design phase. The achievement of this study will help to prevent the environmental disputes and conflicts in advance and will consider utilizing for the successful construction project.

• The Journal of Korean Academy of Prosthodontics
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• v.36 no.2
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• pp.203-244
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• 1998

The human mandible is always under the condition of loading by the various forces extorted by the attached muscles. The loading is an important condition of the stomatognathic system. This condition is composed of the direction and amount of forces of the masticatory muscles, which are controlled by the neuromuscular system, and always influenced by the movement of both opening and closing. Mandible is a strong foundation for the teeth or various prostheses, nevetheless it is a elastic body which accompanies deformation by the external forces on it. The elastic properties of the mandible is influenced by the various procedures such as conventional restorative treatments, osseointegrated implant treatments, reconstructive surgical procedures and so forth. Among the treatments the osseointegrated implant has no periodontal ligaments, which exist around the natural teeth to allow physiologic mobility in the alveolar socket. And so around the osseointegrated implant, there is almost no damping effect during the transmission of occlusal stress and displacements. If the osseointegrated implants are connected by the superstructure for the stabilization and effective distribution of occlusal stresses, the elastic properties of mandible is restricted according to the extent of 'splinting' by the superstructure and implants. To investigate the change of elastic behaviour of the mandible which has osseointegrated implant prosthesis of various numbers of implant installment and span of superstructre, a three dimensional finite element model was developed and analyzed with conditions mentioned above. The conclusions are as follows : 1. The displacements are primarily developed at the area of muscle attachment and distributed all around the mandible according to the various properties of bone. 2. The segmentation in the superstructure has few influence on the distribution of stress and displacement. 3. In the load case of ICP, the concentration of tensional stress was observed at the anterior portion of the ramus($9.22E+6N/m^2$) and at the lingual portion of the symphysis menti($8.36E+6N/m^2$). 4. In the load case of INC, the concentration of tensional stress was observed at the anterior portion of the ramus($9.90E+6N/m^2$) and the concentration of tensional stress was observed at the lingual portion of the symphysis menti($2.38E+6N/m^2$)). 5. In the load case of UTCP, the relatively high concentration of tensional stress($3.66E+7N/m^2$) was observed at the internal surface of the condylar neck.

• Fire Science and Engineering
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• v.23 no.1
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• pp.63-69
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• 2009

Article 36 of the Building Code Enforcement Ordinance requires that an exterior evacuation stairs be installed for the buildings of three stories and over with cultural facilities or gathering places which have over $1,000\;m^2$ floor area of public performance halls or recreational facilities. The concentration of population together with the increase of high-rise buildings in cities call for various precautionary measures to be taken against human disasters. For the past ten years high-rise buildings showed 85% of increase, marking a steep rise. This increase of high-rise buildings may lead to human disasters in urban areas and, in case of fire breakout, may cause great loss of human lives and property damages. The most difficult fire-fighting activities in high-rise building fires are those of evacuation. Because smoke spreads through the upper floors, the securement of evacuation route in high-rise buildings may be the only way to minimize loss of lives. In high-rise buildings exterior escape stairs are necessary because it is difficult to secure evacuation route with only direct stairs or interior stairs. The Building Code now in force provides insignificant coverage on the exterior evacuation route installment and therefore becomes an inadequate means for evacuation route securement in high-rise building fires. To compensate for this inadequacy the Building Code should be revised to include a mandatory clause that an exterior evacuation stairs be established for the buildings of ten stories and over which can be categorized into high-rise building group.

• Journal of Korean Society of Transportation
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• v.32 no.5
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• pp.473-486
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• 2014

This study aims to review whether climbing lane installment is needed by analyzing the impact that standard trucks have on traffic according to vertical alignment at SMART highway, and if climbing lanes are required to propose truck speed change curves based on slope length. We used VISSIM simulation model to obtain the speed change of the standard truck on uphill roads. The standard truck on climbing lanes was set for 100kg/kW (170lb/hp) with the entry speeds set and analyzed by 90, 100, and 110 km/h considering the future speed limit of trucks. The results of the research show that under SMART highway circumstance, the 1 and 2% vertical alignment is not needed at the climbing lane but 3% vertical alignment is necessary. In order to install the climbing lane at 3% vertical alignment, the speed change curve of truck depending on slope length of 90, 100, and 110km/h of entry speed is proposed.

• Journal of the Korean Society of Hazard Mitigation
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• v.5 no.3 s.18
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• pp.83-88
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• 2005

It is necessary to hold the school safety manual because recently, the safety-related accidents occur frequently in schools. Accidents can occur inside of schools as well as out of schools, and they can be classified with human accidents, traffic accidents, fire accidents, and explosion accidents. Safety-related accidents occurring in the school are dangerous because nobody can predict them. Illegally infringing violence, targeting unspecified and a lot of people, informs the parents and persons concerned to education of danger. School safety manual, never precedented before, describes epoch-making educational methods for students' safety. It describes safety security such as refuging ways at an emergency, the way to recognize danger for elevated safety based on prevention education, the use and practice of checklist for related facilities, and the implements and facilities for school personnels and students. So, the school safety manual is an important guidance for safety education at the level of prevention from various accidents which occur inside the school as well as out of the school. It presents a variety of prompt response after an accident. At the same time, it checks facilities and dangerous factors in schools and facilities for safety, and analyzes special factors based on them. So it will present the status of safety management of existing facilities and implements, the installment of new facilities and implements, and the way to secure safety for use.

• The Journal of the Convergence on Culture Technology
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• v.6 no.4
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• pp.331-337
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• 2020

The study analyzes the appropriate number of people per a household by applying an evacuation simulation to a 27-floor apartment in accordance with the NFPA 101 standard. The results of the analysis are as follows. First, if there are three people residing in each household, there would be 156 households in total, of which 85.25% were evacuated within 5 minutes. Second, 208 households with 4 residents were evacuated within 5 minutes. Third, if there are five people residing in each household, there would be a total of 260 households and 71.92% of residents were evacuated within 5 minutes. Lastly, 62.82% of the 312 households, each consisting of 6 people, were evacuated within 5 minutes. Measures to reduce evacuation time include determining the width of the stairs according to the number of people indoors, the number of floors in the building, the slope of stairs, and the users' characteristics, the design reflecting the ventilation conditions of the stairs, the installment of outdoor evacuation stairs, two-way stairs, evacuation lift, and the installation of an evacuation safety zone for people to evacuate outside of the building in the middle floors. In addition, measures, such as the mandatory installation of automatic emergency door open-close device to the rooftop, are required to facilitate rooftop evacuation.

• Journal of architectural history
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• v.27 no.2
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• pp.89-100
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• 2018

The stylobate for expanding the external stage area was the most frequently installed installment out of the installments installed for royal court ceremonies. The stylobate was installed for various ceremonies such as funeral rites, ancestral rites, customary formalities, state examination, feasts for celebrating a honored guest of the court, queen's silkworm cultivating ceremony, heir appointment, the presentation of honorary titles for the king or queen in honor of their merits, and entertainment of foreign dignitaries. The exact period stylobates came to be used for the play stage. The stylobate consists of the 紅座板, 屯太木, 竹欄間, 足木, and the 層橋. Depending on the 足木, the substructure of the stylobate, the stylobate could be divided into the 長足木, 中足木, 短足木, 平足木 type. The detail structure of the stylobate changed in form from the jokmok and duntaemok that appeared until the time of King Seonjo, into the 長屯太木, 短屯太木, and the 短短屯太木 during the time of King Heonjong. With the introduction of the 中足木, materials began to become more segmented and the structure stronger. According to existing records, while the height of the stylobate was not significantly high prior to King Seonjo's reign, the 十四層雲橋 and the 十三層層橋 introduced during the time of Emperor Gojong was designed to reflect his rank in external ceremonies while the eight story step bridge was exhibited in internal ceremonies to reflect the rank of Queen Mother Sinjeong. From here, we can deduce that the fourteen and thirteen story cloud bridges representing the king was of a higher grade than the eight story step bridge which represented the queen mother. Finishing by adding boards to the lower part of the stylobates began to appear in the time of King Seonjo. During King Heonjong's reign, the lower finish became gentrified with a thin board called 修粧板, and yeomupan 廉隅板 for decorating the edges of the stylobates were installed. Such style of finishing the lower part of the stylobate with boards mostly appeared in elaborate feasts 進饌 and celebrations 進宴 within the royal court 內宴. The stylobates appeared to have served not only practical purposes such as expanding the stage area, but also as installments which realize the authority and prestige of the royal crown. They were installed according to the purpose of the ceremony and the rank of the participant. In short, stylobates became established during King Seonjo's reign, became segmented and gentrified during King Heonjong's reign, and began to take height variations during Emperor Gojong's reign to reflect the rank and authority of the king and queen mother. As such, it can be considered another characteristic of Joseon Dynasty architecture.