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A Comparative Study on Marine Transport Contract and Marine Insurance Contract with Reference to Unseaworthiness

  • Pak, Jee-Moon
    • Journal of Korea Trade
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    • v.25 no.2
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    • pp.152-177
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    • 2021
  • Purpose - This study analyses the excepted requirement and burden of proof of the carrier due to unseaworthiness through comparison between the marine transport contract and marine insurance contract. Design/methodology - This study uses the legal analytical normative approach. The juridical approach involves reviewing and examining theories, concepts, legal doctrines and legislation that are related to the problems. In this study a literature analysis using academic literature and internet data is conducted. Findings - The burden of proof in case of seaworthiness should be based on presumed fault, not proved fault. The burden of proving unseaworthiness/seaworthiness should shift to the carrier, and should be exercised before seeking the protections of the law or carriage contract. In other words, the insurer cannot escape coverage for unfitness of a vessel which arises while the vessel is at sea, which the assured could not have prevented in the exercise of due diligence. The insurer bears the burden of proving unseaworthiness. The warranty of seaworthiness is implied in hull, but not protection and indemnity policies. The 2015 Act repeals ss. 33(3) and 34 of MIA 1906. Otherwise the provisions of the MIA 1906 remain in force, including the definition of a promissory warranty and the recognition of implied warranties. There is less clarity about the position when the source of the loss occurs before the breach of warranty but the actual loss is suffered after the breach. Nonetheless, by s.10(2) of the 2015 Act the insurer appears not to be liable for any loss occurring after the breach of warranty and before there has been a remedy. Originality/value - When unseaworthiness is identified after the sailing of the vessel, mere acceptance of the ship does not mean the party waives any claims for damages or the right to terminate the contract, provided that failure to comply with the contractual obligations is of critical importance. The burden of proof with regards to loss of damage to a cargo caused by unseaworthiness is regulated by the applicable law. For instance, under the common law, if the cargo claimant alleges that the loss or damage has been caused by unseaworthiness, then he has the burden of proof to establish the followings: (i) that the vessel was unseaworthy at the beginning of the voyage; and that, (ii) that the loss or damage has been caused by such unseaworthiness. In other words, if the warranty of seaworthiness at the inception of the voyage is breached, the breach voids the policy if the ship owner had prior knowledge of the unseaworthy condition. By contrast, knowingly permitting the vessel to break ground in an unseaworthy condition denies liability only for loss or damage proximately caused by the unseaworthiness. Such a breach does not, therefore, void the entire policy, but only serves to exonerate the insurer for loss or damage proximately caused by the unseaworthy condition.

Inquiring the Possibility of Critical Pedagogy as Discourse for 'Zeitgeist' (시대정신을 위한 교육 담론으로서 비판교육학의 가능성 탐구)

  • Hur, Changsoo
    • The Journal of the Korea Contents Association
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    • v.19 no.6
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    • pp.80-91
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    • 2019
  • Korean society is now in the 2017 system. The zeitgeist is now hoping to move into a society where the right to pursue happiness centered on democracy, human rights, and peace is recognized, and to the era of the fourth industrial revolution. The paradigm shifts in the education arena began before the start of this socio-political system. The educational autonomy centered on the progressive education superintendent is accelerating the influx of alternative education, which is part of the civic education movement, through public school reforms. It can be seen that not only the progressive camp but also the conservative government emphasized educational policies such as the liberal semester system, which was gradually adopted by the government. For education that is appropriate for a rapidly changing society, it is necessary to discuss about educational grand-discourse that can alternate current public education. Although it does not mean only one discourse, it is a necessary process to systematically consider alternate education of public education and to suggest the direction for future education. In this regard, this study aims to introduce the discourse that can produce critical consciousness and creativity that emphasize the praxis and practice through critical pedagogy and bricolage.

A Study on SNS Records Management (기록관리 대상으로서 SNS 연구)

  • Song, Zoo-Hyung
    • The Korean Journal of Archival Studies
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    • no.39
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    • pp.101-138
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    • 2014
  • This study examined the influence and meaning of SNS as the hot topic of our time from the archival perspective and also studied the 'SNS records management'. The many users mean a high accessibility and utilization of SNS, which increase the influence and value of SNS as a record. Politically, SNS is a tool that strengthens the communication among the voters, politicians and the public while economically, it is a window to accept the complaints of the customers and a marketing tool. In addition, the voices of social minorities are also recorded unlike in the traditional media, which makes the SNS record a method to gain the social variety and diversity. SNS is a place of formation of collective memory and collective memory itself. Furthermore, it can play the role of public sphere. It also is a place for generation of 'big data' in an archival sense. In addition, this study has classified the SNS records management into primary and secondary management that include record management entities, subjects, periods, methods, and causes. This study analyzed the history, status, and the meaning of SNS to assess the values and meanings as the preliminary study for the future SNS record management studies.

Catadioptric NA 0.6 Objective Design in 193 nm with 266 nm Autofocus (이중 파장 심자외선 카타디옵트릭 NA 0.6 대물렌즈 광학 설계)

  • Do Hee Kim;Seok Young Ju;Jun Ho Lee;Hagyong Kihm;Ho-Soon Yang
    • Korean Journal of Optics and Photonics
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    • v.34 no.2
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    • pp.53-60
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    • 2023
  • We designed a catadioptric objective lens with a 0.6 numerical aperture (NA) for semiconductor inspection at 193 nm. The objective lens meets major requirements such as a spatial resolution of 200 nm and a field of view (FOV) of 0.15 mm or more. We selected a wavelength of 266 nm for autofocus based on the availability of the light source. First, we built the objective lenses of three lens groups: a focusing lens group, a field-lens group, and an NA conversion group. In particular, the NA conversion group is a group of catadioptric lenses that convert the numerical aperture of the beam focused by the prior groups to the required value, i.e., 0.6. The last design comprises 11 optical elements with root-mean-squared (RMS) wavefront aberrations less than λ/80 over the entire field of view. We also achieved the athermalization of the objective lens with focus-shift alone satisfying the performance of RMS wavefront aberration below λ/30 at a temperature range of 20 ± 1.2 ℃.

Diet Composition of the Mirror Dory, Zenopsis nebulosa in the South Sea, Korea (한국 남해에서 출현하는 민달고기(Zenopsis nebulosa)의 위내용물 조성)

  • Jae-Ik Cho;Da Yeon Kang;Hyeon Ji Kim;Seung-Jong Lee;Gun Wook Baeck
    • Korean Journal of Ichthyology
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    • v.35 no.4
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    • pp.347-353
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    • 2023
  • Zenopsis nebulosa were collected by bottom trawl net from 20 areas in the South Sea of Korea during 2021 (February, May, August, November). The range of total length was 10.1~50.2 cm and empty stomach rate was 45.8%. The most important prey of Z. nebulosa was Pisces, with Trichiurus japonicus, Trachurus japonicus and Benthosema pterotum. And the second important prey was Euphausiacea. Z. nebulosa showed dietary shift by size class. In the <20.0 cm size class, Trachurus japonicus was dominant prey item. In the 20.0~25.0 cm size class, Trichiurus japonicus was dominant prey item. In the ≥25.0 cm size class, B. pterotum was dominant prey item. Analysis of the mean weight of preys per stomach (mW/ST) increased with individual size.

Dentofacial changes of non-orthodontically treated female patients with TMJ disk displacement: a longitudinal cephalometric study (교정 치료를 받지 않은 측두하악관절원반변위가 있는 여성 환자의 두부계측방사선사진을 이용한 안모 및 치열 변화 연구)

  • Han, Jung-Woo;Kim, Tae-Woo
    • The korean journal of orthodontics
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    • v.40 no.6
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    • pp.398-410
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    • 2010
  • Objective: The purpose of this study was to investigate the changes in dentofacial morphology of non-orthodontically treated female patients with TMJ disk displacement. Methods: The sample consisted of 25 Korean female patients with bilateral TMJ disk displacement who visited the Department of Orthodontics, Seoul National University Dental Hospital from 1996 to 2006. Disk displacements were diagnosed using the magnetic resonance imaging (MRI) of both TMJs. Baseline (T1) and follow-up (T2) lateral cephalograms were analyzed. The mean age of samples at T1 was $18.1{\pm}3.5$ years (range 14.2 - 25.8 years) and at T2, $21.1{\pm}3.5$ years (range 16.2 - 28.0 years). The mean observation period was $3.0{\pm}1.9$ years. Descriptive statistics for each variable were calculated at baseline (T1) and follow-up (T2) stages, and during the observation period (T2-T1). Results: Skeletal changes were found in 64% of the non-orthodontically treated female patients with TMJ disk displacement during the observation period. The L1 to Mandibular plane distance (mm) increased significantly by 0.8 mm (p < 0.01). But there were no significant differences in the other dental relationship variables (overjet, overbite, U1 to palatal plane) during the observation period. Most patients with skeletal changes showed a backward rotation of the mandible. The ratio of the rotation was a decrease of SNB by $0.43^{\circ}$ for every $1^{\circ}$ increase of FMA (Spearman rho = -0.660, P < 0.01). A few patients showed a distal shift of the mandible without rotation or significant changes in the vertical dimension. Conclusions: During observation periods without orthodontic treatment, non-growing patients with TMJ disk displacement showed dentoskeletal changes, mainly backward rotation of the mandible.

A survey on the EMF Levels of Study and Electric Appliances in Korea (국내 전철 및 가전제품을 대상으로 한 전자장 수준 실태조사)

  • Jang, Seong Ki;Cho, Yong Sung;Lee, Seok Jo;Yoo, Seong Wha;Jung, Kyung Mi;Lim, Jun Ho
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.15 no.1
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    • pp.71-81
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    • 2005
  • The purposes of this study was to collect, analyze, and describe the MF exposure levels from subways in Korea and to measure and evaluate the MF levels generated from electric appliances used at general homes. The target subway lines were Seoul Metropolitan Line 1 to Line 8, Bundang Line, Incheon Line, Daegu Line, Gwangju Line, and Busan Line 1 and Line 2. We measured at each station in those subway lines and, all the train types (pantograph-equipped, motor-equipped, and common), and platform types(facing and isolating) were investigated by the distance(80, 200, 400 cm) from the train on 19 targeted subway lines using 3 magnetic field measuring devices (EMDEXII, Enertech Co.) during the survey from January till October, 2004. On the other hand, the levels of the 60Hz magnetic fields generated from 14 items of home electric appliances such as electric blankets, hair dryers, electric razors, etc. were measured at 10 general homes using 5 EMDEXII meters with a sampling interval of 1.5 second by the distance(surface, 30, 50, 100, 300cm ) from the target electric appliances. The survey results in the whole subway lines examined in this study were as follows; Seoul Metropolitan Line 4 using AC(alternating current) power source showed the highest mean value of $2.85{\mu}T$, followed by Seoul Metropolitan Line 1 running between Seoul and Incheon using AC($2.78{\mu}T$), Seoul Metropolitan Line 1 between Seoul and Uijongbu using AC($2.73{\mu}T$), Bundang Line using AC($1.79{\mu}T$), Seoul Metropolitan Line 1 connected from Yongsan using AC($1.67{\mu}T$), Seoul Metropolitan Line 1 between Seoul and Suwon using AC($0.79{\mu}T$), and so on. In general, the intensity of the magnetic field in the subway systems in Korea was significantly higher when using AC($2.14{\pm}0.91{\mu}T$) than when using DC($0.29{\pm}0.44{\mu}T$) power source. Among the home electric appliances examined, microwave ovens showed the highest mean value of $7.69{\mu}T$, followed by hair dryers($6.47{\mu}T$), vacuum cleaners($5.27{\mu}T$), televisions ($2.26{\mu}T$), electric blankets($1.38{\mu}T$), personal computers ($0.81{\mu}T$), and so on. Two items of electric appliances showed the excess value of $0.2{\mu}T$ at the distance of 30cm in the MF exposure level; electric razors $1.58{\pm}2.13{\mu}T$ and vacuum cleaners $0.48{\pm}0.44{\mu}T$. As a whole, this study showed a tendency that the shift of the MF levels according to the increase of distance from the electric appliances was lower than those of the results surveyed in UK and USA. As a result, this study is expected to suggest meaningful data for the future study in exposure assessment of magnetic fields and for the establishment of guidelines for subways and electric appliances in Korea. More detailed and large scaled exposure assessment studies should be performed continuously to get the various and useful information on health risk assessment of MFs in Korea.

Relationship between Sleep Insufficiency and Excessive Daytime Sleepiness (수면 부족과 과도한 주간졸림증의 관련성)

  • Choi, Yun-Kyeung;Lee, Heon-Jeong;Suh, Kwang-Yoon;Kim, Leen
    • Sleep Medicine and Psychophysiology
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    • v.10 no.2
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    • pp.93-99
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    • 2003
  • Objectives:Sleep loss and excessive daytime sleepiness may have serious consequences, including traffic and industrial accidents, decreased productivity, learning disabilities and interpersonal problems. Yet despite these adverse effects, there are few epidemiological studies on sleep loss and daytime sleepiness in the general population of Korea. This study investigates the number of people who suffer from sleep insufficiency, how much recovery sleep occurs on weekends, and the relationship between the amount of recovery sleep and daytime sleepiness. Methods:A total 164 volunteers, aged 20 and over, were recruited by advertisement. The subjects were workers and college students living in Seoul, Korea. Subjects were excluded if they were aged over 60;if they had medical, neurological, psychiatric or sleep disorders that could cause insomnia or daytime sleepiness;if they were not following a regular sleep schedule;if they traveled abroad during the study;or if they did not leave home to work or were shift workers. They were interviewed and given a sleep log to complete on each of 14 consecutive mornings. They also completed the Epworth Sleepiness Scale (ESS) at noontime on the last day of the second week. All statistical data were analyzed by t-test, $X^2$-test or ANOVA, using SPSS/PC+. Results:The results showed that the subjects woke up at 6:50 (${\pm}1$:16) on weekdays, 7:09 (${\pm}1$:29) on Saturdays, and 8:12 (${\pm}1$:39) on Sundays and holidays. They took more frequent and longer naps on Sundays than on weekdays and Saturdays. The mean sleep duration was 6h 35 min. on week nights, with a mean increase of about 1h on weekends. Only 9.1% of the subjects spent more than 8h in bed on week nights, with 67% spending less than 7h, and 49.4% reported recovery sleep of more than 1h on Sundays. The subjects who reported recovery sleep of more than 2h on Sundays, showed significantly more excessive daytime sleepiness than those who reported less than 30 min (F=2.62, p<.05). Conclusions:These findings suggest that sleep insufficiency and excessive daytime sleepiness are relatively common in Korea, and that the people who get insufficient sleep on weekdays try to compensate for sleep loss with oversleeping and daytime napping on Sundays and holidays. It appeared that daily sleep insufficiency had a cumulative effect and increased daytime sleepiness.

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Recent Spatial and Temporal Changes in Means and Extreme Events of Temperature and Precipitation across the Republic of Korea (최근 우리나라 기온 및 강수 평균과 극한 사상의 시.공간적 변화)

  • Choi, Gwang-Yong;Kwon, Won-Tae;Boo, Kyung-On;Cha, Yu-Mi
    • Journal of the Korean Geographical Society
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    • v.43 no.5
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    • pp.681-700
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    • 2008
  • In this study, the spatial and temporal patterns of changes in means and extreme events of temperature and precipitation across the Republic of Korea over the last 35 years (1973-2007) are examined. Over the study period, meteorological winter (December-February) mean minimum (maximum) temperature has increased by $+0.54^{\circ}C$/decade ($+0.6^{\circ}C$/decade), while there have been no significant changes in meteorological summer (June-August) mean temperatures. According to analyses of upper or lower $10^{th}$ percentile-based extreme temperature indices, the annual frequency of cool nights (days) has decreased by -9.2 days/decade (-3.3 days/decade), while the annual frequency of warm nights (days) has increased by +4.9 days/decade (+6.8 days/decade). In contrast, the increase rates of summer warm nights (+8.0 days/$^{\circ}C$) and days (+6.6 days/$^{\circ}C$) relative to changes in summer means minimum and maximum temperatures means are greater than the decreasing rates of winter nights (-5.2 days/$^{\circ}C$) and days (-4.3 days/$^{\circ}C$) relative to changes in winter temperatures. These results demonstrate that seasonal and diurnal asymmetric changes in extreme temperature events have occurred. Moreover, annual total precipitation has increased by 85.5 mm/decade particularly in July and August, which led to the shift of a bimodal behavior of summer precipitation into a multi-modal structure. These changes have resulted from the intensification of heavy rainfall events above 40mm in recent decades, and spatially the statistically-significant increases in these heavy rainfall events are observed around the Taebaek mountain region.

Clinical Efficacy of Bunny Multifocal Intraocular Lens after Cataract Surgery (버니 다초점인공수정체의 임상적 효용성)

  • Cho, Myung Ho;Park, Jae Yeong;Park, Byung Gun;Lee, Jong Soo
    • Journal of The Korean Ophthalmological Society
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    • v.59 no.12
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    • pp.1129-1136
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    • 2018
  • Purpose: To compare the postoperative clinical outcomes after cataract surgery and implantation using the BunnyLens $MF^{(R)}$ and $ReSTOR^{(R)}$ multifocal intraocular lenses. Methods: Sixty-five eyes implanted with multifocal intraocular lenses were divided into two groups involving either $ReSTOR^{(R)}$ (39 eyes) or BunnyLens $MF^{(R)}$ (26 eyes) lenses. In these two groups, the distant and near visual acuity, astigmatism, spherical equivalent, and contrast sensitivity test were examined at preoperative and postoperative 1 week, 8 weeks, and 24 weeks. We compared the clinical efficacy between the two groups before and after cataract surgery using statistical analysis. Results: The mean value of distant and near visual acuity, and spherical equivalent of both groups after intraocular lens implantation were significantly improved, compared with the preoperative values (p < 0.05), while there was no significant differences between the two groups (p > 0.05). The means of postoperative distant and near visual acuity, astigmatism, and contrast sensitivity test were not significantly different between $ReSTOR^{(R)}$ and BunnyLens $MF^{(R)}$ lenses (p > 0.05). The mean numeric error of spherical equivalent at the final postoperative 24 weeks was $-0.17{\pm}0.50$ diopters (D) for the $ReSTOR^{(R)}$ lenses and $-0.34{\pm}0.52D$ for the BunnyLens $MF^{(R)}$ lenses (p > 0.05). Conclusions: BunnyLens $MF^{(R)}$ and $ReSTOR^{(R)}$ lenses showed no significant difference in clinical efficacy, including distance and near vision, spherical equivalent error, and contrast sensitivity test after cataract surgery. However, it should be noted that BunnyLens $MF^{(R)}$ lenses had a tendency toward myopic shift compared with $ReSTOR^{(R)}$ lenses.