• Title/Summary/Keyword: Non-conformity

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A Problem on the Election of Remedies for the Aggrieved Party under the CISG (CISG에서의 피해당사자(被害當事者)의 구제방안(救濟方案) 선택문제(選擇問題) - 대금감액(代金減額)과 손해배상제도(損害賠償制度)를 중심(中心)으로 -)

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.201-225
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    • 1999
  • This article is focused on the review of price reduction and measuring damages under the CISG together with the law relating to sale of goods in main countries when the goods delivered did not conform with the contract. And also reviewed on the election of remedies for the aggrieved party, that is, which one between the two remedies would provide more compensation for the non-conformity. This article can be summarized as below. 1. Price reduction has its principal significance when the buyer accepts non-conforming goods and plays important role only when the seller is not liable for the non-conformity because the same price reduction formula applies for all circumstances. Of course, the buyer must bear any further damages, such as shutdown expenses and other consequential damages. 2. If the seller is liable for the damages and the price level rises, the buyer normally will claim damages since this approach is much more favorable result than price reduction. 3. In case the seller is liable for the damages and the buyer suffers no consequential damages, if the price level falls, price reduction would provide more compensation for the non-conformity than would damages and if there is no change in the market level, the allowance for defects in the goods will be normally the same under the price reduction and damages. By the way, In case the seller is liable for the damages and the buyer suffers consequential damages, it is desired that the buyer firstly elect the price reduction and later seeks to claim for consequential losses when the price level falls and unchanged.

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Super Strict Quality Requirements of the 21st Century and Its Influence on the Industry of CHINA

  • Sun, Jing;Zhang, Gongxu
    • International Journal of Quality Innovation
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    • v.1 no.1
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    • pp.8-15
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    • 2000
  • The famous US quality management expert J. M. Juran pointed out on the American Quality Congress of ASQC in 1994, that the 20th century is a century of productive force and the 21st century would be a century of quality. In the past dozens of years; science and technology have made rapid progress. Take electronic products for example, the non-conformity rate has dropped from 1%($10^{-2}$) and 1%($10^{-3}$) to ppm (parts per million, $10^{-6}$), even to ppb (parts per billion, $10^{-9}$). Such a low non-conformity rate can be called the super strict quality requirements of products of the $21^{st}$ Century. Super strict quality requirements can cause a series of new changes: Therefore, super strict quality requirements are unavoidable to produce significant influences to the industry of the $21^{st}$ century. This paper analyzed these influences and pointed out that which quality sciences must be paid attention to first.

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Regulating Exclusion Clauses of the Seller's Liability for Non-Conforming Goods: Comparative Accounts (매도인의 하자물품책임 면책약관의 규제에 관한 비교연구)

  • Lee, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.32
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    • pp.29-56
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    • 2006
  • This article primarily concerns the various aspects of the rules to control express terms particularly in standard form which seek to absolve either wholly or in part from the seller's liability for non-conforming goods. It describes and analyzes in detail how English law regulates such terms. In this analysis, it places the following questions; first, whether each jurisdiction treats the seller's liability for non-conformity in quality and quantity as mandatory rules, second, if it does, to what extent it is treated so and third, if not, in what way it controls the seller's attempt to exclude or restrict his liability for non-conformity in quality and quantity. In addition, it attempts to compare the rules under English law with those under Korean law and to evaluate them in light of the discipline of comparative law. In an attempt to evaluate them, it asks the question of whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. The evaluation is based upon the idea that the problems of fairness associated with the use of standard terms occur where the customer is unfairly taken by surprise due to his ignorance of the terms, or where even if he knows of the substance of the terms and objects to it, he is met with a take-it-or-leave-it situation.

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Thirteen Weeks Repeated Oral Dose Toxicity Study of Oplopanax elatus (Nakai) Nakai Hydrothermal Extract Powder in Sprague-Dawley Rats (Sprague-Dawley 랫드를 이용한 땃두릅나무 열수추출물 분말의 13주 반복 경구투여 독성에 관한 연구)

  • Yoo, Nam Ho;Kwon, Yongsoo;Chun, Hyeon Soo;An, Kyu Sup;Kim, Hye Jin;Ryu, Hyeon Yeol;Lee, So Min;Song, Kyung Seuk;Park, Byung Jun;Kim, Myong Jo
    • Korean Journal of Pharmacognosy
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    • v.50 no.4
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    • pp.260-271
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    • 2019
  • This study aimed to evaluate the safety of Oplopanax elatus (Nakai) Nakai hydrothermal extract powder. It was conducted using male and female Sprague-Dawley (SD) rats. The test group was established with dose of 500 (low-dosage group), 1,000 (medium- dosage group), and 2,000 (high- dosage group) mg/day. These are investigated that number of dead animals, general symptoms, weight changes, food consumption, ophthalmological examination, urinalysis, urine volume, hematological values, plasma coagulation time values, serum biochemical values, absolute organ weight, relative organ weight and histopathological finding during the experiment. As a result of the above, toxicological changes were not observed. Therefore, the non-toxic content of Oplopanax elatus (Nakai) Nakai hydrothermal extract powder is determined to be 2,000 mg/kg/day, and target organ was not observed.

The Influence of Expected Values for Appearance Management on Interest in Make-up and Cosmetics Evaluation Criteria (외모관리 기대가치가 화장관심도와 화장품 선택기준에 미치는 영향)

  • Park, Eunhee;Cho, Hyonju
    • Journal of Fashion Business
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    • v.18 no.1
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    • pp.22-36
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    • 2014
  • The purpose of this study is to examine the influence of expected values for appearance management on interest in make-up and cosmetics evaluation criteria. Questionnaires are being administered to 244 college students from the Deagu Metropolitan City and Kyungbook province. The frequency, factor analysis, reliability analysis, regression analysis, and t-test are used for data analysis. Expected values of appearance management are categorized into pleasure/satisfaction, other-expectancy, power value and conformity. Interest in make-up factors are found to be leadership in make-up, others-oriented, and appearance satisfactions. Cosmetics evaluation criteria are categorized into 4 factors such as skin suitability, pursuit of utility, non-essential attributes and symbolism. Pleasure/satisfaction, and conformity are the sub-variables of expected values for appearance management and have significant effects on leadership in make-up and others-oriented sub-variables for interest in make-up. Pleasure/satisfaction, and conformity, being the sub-variables of expected values for appearance management, have significant effects on skin suitability, the sub-variables of cosmetics evaluation criteria. And conformity has significant effects on symbolism, the sub-variables of cosmetics evaluation criteria. This indicates that women show high conformity for expected values of appearance management, leadership in make-up and others-oriented sub-variables for interest in make-up, and skin suitability of cosmetics evaluation criteria.

Disputes on the Application of National Compulsory Law in International Sale of Goods under CISG - with a special reference to Case Law for Non-compliance - (CISG적용 국제물품매매에서 국내 강행법분쟁에 관한 연구 - 물품불일치 분쟁사건 판례를 중심으로 -)

  • Hahn, Jae-Phil
    • Journal of Arbitration Studies
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    • v.19 no.1
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    • pp.147-169
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    • 2009
  • This paper deals with disputes incurred from the CISG provisions in relation with the conformity of goods with a view to finding the general way of approach made by the court and arbitration tribunal in the case laws for the interpretation of CISG based on 6(six) cases thereon. Throughout this study, it has been noted that the German Supreme Court devoted most in creating the general principle of CISG interpretation in relation with national compulsory law of regulation applicable on the conformity of goods. It was New Zealand mussels case in which the German supreme court decided that the exporting country's compulsory law of regulation would be applied in determining the conformity of goods. Furthermore, German supreme court added that CISG does not place an obligation on the exporter to supply goods, which conform to all statutory or other public provisions in force in the import state unless the same provisions exist in the export State as well, or the importer informed the exporter about such provisions existing in the import state, or the exporter had knowledge of the provisions due to special circumstances. It is stipulated in CISG that the goods conform with contract if they are fit for the purpose for which goods of the same description would ordinarily be used. When questions arise concerning matters governed by the CISG that are not expressly defined in the CISG, the question is to be settled in conformity with general principles on which the convention is based. Only when such a general principle cannot be found may the tribunal turn to other sources such as UNIDROIT Principles, Principles of European Contract Law and Lex Mercatoria, etc. Interpretation of CISG should be autonomous, in the sense that it should not depend on principles and concepts derived from any national legal system. Even where a CISG rule is directly inspired by domestic law, the court should not fall back on its domestic law, but interpret the rule by reference to the CISG with a view to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade.

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Single Oral Dose Toxicity Test and Four Weeks Repeated Oral Dose Determination Test of Oplopanax elatus (Nakai) Nakai Hydrothermal Extract Powder in Sprague-Dawley Rats (Sprague-Dawley 랫드를 이용한 땃두릅나무 열수추출물 분말의 단회 경구투여 독성시험 및 4주 반복 경구투여 용량 결정 시험)

  • Yoo, Nam Ho;Kwon, Yongsoo;Chun, Hyeon Soo;An, Kyu Sup;Kim, Hye Jin;Ryu, Hyeon Yeol;Lee, So Min;Song, Kyung Seuk;Park, Byung Jun;Kim, Myong Jo
    • Korean Journal of Pharmacognosy
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    • v.50 no.3
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    • pp.205-218
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    • 2019
  • This study was conducted to investigate the toxicity symptoms and approximate lethal dose (ALD) of Oplopanax elatus (Nakai) Nakai hydrothermal extract powder by single oral dose toxicity and 4 weeks of repeated oral dose determination. The Sprague-Dawley (SD) male and female rats were treated with 1,250 (low- dosage group), 2,500 (medium- dosage group) and 5,000 (high- dosage group) mg/kg. In the single oral dose toxicity test, no dead animals and toxic symptoms were observed during the experiment. And there were no related with anomalies in normal weight changes and autopsy results. In the four-week repeated oral dose determination test, no death animals and toxicity symptoms were observed during the experiment, and there were no abnormal results in weight changes, feed and negative intake measurements. Results of eye examination, urinalysis, hematological values and serum biochemical values, gross findings and absolute organ were not of singularity. These result demonstrated that no toxic symptoms were observed by the test substance Oplopanax elatus (Nakai) Nakai hydrothermal extract powder under this test condition, and the non-toxic content is determined to be 5,000 mg/kg/day.

A Study on the Flexural Behavior of Concrete Using Non-burnt Cement (비소성 시멘트 콘크리트의 휨 거동에 관한 연구)

  • Yoo, S.W.;Nam, E.Y.;Lee, S.J.;Hwang, S.B.;Soh, Y.S.;Kim, J.S.
    • Journal of the Korean Society of Safety
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    • v.27 no.2
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    • pp.49-56
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    • 2012
  • If cement can be manufactured with industrial byproducts such as granulated blast furnace slag, phosphogypsum, and waste lime instead of clinker, there would be many advantages, including maximum use of these industrial byproducts for high value-added resources, conservation of natural resources and energy by omitting the use of clinker, minimized environmental pollution problems caused by CO2 discharge, and reduction of the production cost. By this reason, in this study, mechanical behavior tests of non-burnt cement concrete were performed, and elasticity modulus and stress-strain relationship of non-burnt cement concrete were proposed. 6 test members were manufactured and tested according to reinforcement ratio and concrete compressive strength. By the test results, there was no difference between ordinary concrete and non-burnt cement concrete of flexural behavior. In order to verify the proposed non-burnt cement concrete model, nonlinear analytical model was derived by using strain compatibility method. By the results of comparison between test results, ordinary concrete model and proposed model, The proposed model well predicted the flexural behavior of non-burnt cement concrete.

Korean College Students' Purchase Intention of Foreign Jeans Brands -Applying an Integrated Behavioral Intention Model- (통합적 행동의도모델 적용에 의한 국내 대학생 소비자의 해외 진 브랜드 구매의도 분석)

  • Kang, Ji-Hye;Jin, Byoung-Ho
    • Journal of the Korean Society of Clothing and Textiles
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    • v.34 no.8
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    • pp.1341-1351
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    • 2010
  • The Korean jean market has become increasingly competitive due to the increased imports of global brands. This study is to understand the purchase behaviors of Korean college students toward foreign brand jeans to help Korean jean brands enhance their competitive advantages over foreign brand jeans in the Korean market. Considering perceptions of Korean consumers toward foreign brands and traditional value changes, this study proposed a research model incorporating two extended behavioral intention (BI) models, Lee's modified BI model and Ajzen's theory of planned behavior. To test the research model, a total of 240 valid data sets were collected from college students in Busan, Korea. Structural and measurement models were estimated using LISREL 8.80. Because face saving failed to attain internal validity, the research model was revised to eliminate face saving. The findings indicated that perceived behavioral control had the strongest direct influence on purchase intentions of Korean college students for foreign brand jeans. Group conformity and subjective norm had non-significant direct impacts on purchase intention, whereas group conformity had an indirect impact on purchase intention through attitude. Based on the findings, theoretical and managerial implications were provided.

Illumination Compensation Based on Conformity Assessment of Highlight Regions (고휘도 영역의 적합성 평가에 기반한 광원 보상)

  • Kwon, Oh-Seol
    • Journal of Broadcast Engineering
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    • v.19 no.1
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    • pp.75-82
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    • 2014
  • This paper proposes an illuminant compensation method using a camera noise analysis without segmentation in the dichromatic reflectance model. In general, pixels within highlight regions include large amounts of information on the image illuminant. Thus, the analysis of highlight regions provides a relatively easy means of determining the characteristics of an image illuminant. Currently, conventional methods require regional segmentation and the accuracy of this segmentation then affects the illuminant estimation. Therefore, the proposed method estimates the illuminant without segmentation based on a conformity assessment of highlight regions. Furthermore, error factors, such as noise and sensor non-uniformity, can be reduced by the conformity assessment.