• 통상정보연구
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• 제15권3호
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• pp.199-224
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• 2013

본고의 연구범위로서 '국제물품매매계약에 관한 UN협약'(CISG) 제3편 제3장 제1절은 총 7개의 조문으로 구성되어 있다. 본고의 연구결과로서 개별조항의 법적 기준에 관한 요지와 그 시사점 내지 유의점은 다음과 같다. 제53조는 본절의 개요임과 동시에 매수인의 주된 의무를 일괄하여 다루고 있는 규정이다. 본조는 CISG가 물품매매의 요건을 언급하고 있지 않음을 고려하여 제30조와 연계하여 다루어야 한다. 제54조는 계약이나 또는 적용법규에 따라 물품대금지급을 위한 매수인의 준비조치를 다루고 있는 규정으로서 본조의 의무를 위반할 경우 매도인은 제61조에 따라 구제수단을 행사할 수 있다. 다만 이러한 절차는 제71조 (1)에서 규정하고 있는 이행준비 또는 계약의 이행을 위한 행위가 아님을 유의하여야 한다. 제55조는 적용함에 있어서는 반드시 양당사자의 의사가 고려되어야 한다. 계약당사자가 물품가격을 결정하고 있는 경우 제7조의 적용순위에 따라 일반원칙 내지 국제사법이 적용될 수 있음을 유의하여야 한다. 제56조는 당사자가 물품중량의 기준을 합의해 두고 있지 않다면 포장중량을 제외한 물품의 순중량으로 물품대금을 결정하도록 규정하고 있다. 본조는 당사자 의사나 관행 또는 관습이 없는 경우에 적용되는 일반원칙이다. 제57조에 의거 당사자가 달리 합의한 바가 없다면 물품대금은 매도인의 영업소에서, 당사자가 물품의 인도 또는 서류의 교부 시에 대금을 지급하기로 합의한 경우 물품 또는 서류가 인도되는 장소에서 대금이 지급되어야 한다. 계약체결 후 영업소의 변경과 관련하여 발생한 물품대금지급에 관한 추가비용은 매도인이 부담하여야 한다. 제58조는 그 어떠한 특정한 시기에 물품대금을 지급하여야 할 의무가 없는 경우 매수인의 대금지급의 시기를 규정하고 있는 조문으로서 이 경우 본조는 제78조에 언급된 이자의 누적의 시기의 기산시점이 된다. 제59조에 따라 매수인은 그 어떠한 조건에도 구애됨이 없이 예정대로 물품대금을 지급하여야 한다. 당해 의무를 위반할 경우 매도인은 모든 구제권을 행사할 수 있다. 당해 시점 이후로 연체된 금액의 이자가 적용된다.

• 대한간호학회지
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• 제5권1호
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• pp.133-143
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• 1975

Most of mothers place their babies in either supine or prone position without change of position. Studies comparing supine and prone position of the newborn infants -have already been performed with the result that the prone position is relatively better than the supine position. However, one kind of position recommended to the mothers is not sufficient for the good rearing practice of children, because the same position placed for period long of time may bring out physical, mental tension and fatigue, and deformities of the skull and the thorax. For this reason nurses have to find out other position which has identical or more advantages than prone position so as to perform the position change for the babies. Main purpose of this study is to identify the differences of vital signs, the number of urination, defecation, diaper rash, crying and amount of feeding of the newborn infants with prone position or lateral position during the first three days of life. Sixty two newborn infants who were delivered at Seoul National University Hospital during the period from July 1 to September 5, 1974 were chosen as subjects for this study. The criteria for the choice of subjects were the babies born with vaginal delivery; body weight 2.5kg or over at birth; Apgar score Seven or over; and gestation period between thirty-eight months ana forty- two months. Of these subjects, by random sampling, thirty-one newborn infants were placed in the prone position and the other thirty-one in the lateral position. The results of this study reviewed in a statistical analysis of the t-test to obtain the following findings : 1. The heart rates of babies in the prone position were the mean heart rates of 135.03 and those in the lateral position 135.98 without any statistically significant difference. 2. There was no significant difference of respiration rate between two groups : a group in the prone position showed the mean respiration rates of 45,57 and the other in the lateral position 46.49. 3. There was no significant difference of body temperature between two groups: the mean body temperature of a group placed in the prone position was 98$^{\circ}$18'F(36$^{\circ}$77'C) and that of the other group 98$^{\circ}$20'F(36$^{\circ}$78'C). 4. One baby showed diaper rash only in a group of infants in the prone position. 5. The number of crying of the babies in the prone position were 23.70 and those in the lateral position 30.00 with a statistical difference at 5 percent level. 6, There was no difference of frequency of urination between two groups: the mean frequency of a group placed in tile prone position was 5.44 and that of the other group 5.06, 7. There was no significant difference of frequency of defecation between two groups : the mean frequency of a group placed in the prone position was 4.20 and that of tile other group 4.21, 8. There was no significant difference of feeding amount between two groups : the average amount of a group in the prone position showed 325.03 and that of the other group in the lateral position 291.51. All the above results mean that we may substitute tile lateral position for the Prone position or utilize both position for tile rearing practice of the babies.

• 한국중재학회지:중재연구
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• 제12권1호
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• pp.271-321
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• 2002

Every year, many million of business transactions take place. Ocassionally, disagreements develop over these business transactions. Many of these disputes are resolved by mediation, arbitration and out-of-court settlement options. The American Arbitration Association(AAA) helps resolve a wide range of disputes through mediation, arbitration, elections and other out-of-court settlement procedures. The AAA offers a broad range of dispute resolution services to business executives, attorneys, individuals, trade associations, unions, management, consumers, families, communities, and all level of governments. The 198,491 cases composed of the 194,303 arbitration cases and the 4,188 mediation cases, were filed with the AAA in 2000. These case filings represent a full range of matters, including commercial finance, construction, labor and employment, environmental, health care, insurance, real state, securities, and technology disputes. The Korean Commercial Arbitration Board (KCAB) does more than render arbitration services. It helps facilitate settlements and guarantee implementation thereof between trading partners at home and abroad involving disputes related to such areas as the sale of commodities, construction, joint venture agreements, technical assistance, agency agreements, and maritime transport. The 643 cases composed of the the 197 arbitration cases and the 446 mediation cases, were filed with the KCAB in 2001. There are some differences between the AAA and the KCAB regarding the number and the area of mediation and arbitration case filings, the breath of service offerings, the scope of alternative dispute resolution, and the education and training. In order to apply to the proceedings of the commercial mediation and arbitration, the AAA has the Commercial Mediation Rules, the Commercial Arbitration Rules, the Expedited Procedures, the Optional Procedures for Large, Complex Commerical Dispute, and the Optional Rules for Emergency Measures of Protection as amended and effective on September 1, 2000. In order to apply to the proceedings of commercial arbitration, the KCAB has the Arbitration Rules as amended by the Supreme Court on April 27, 2000, which have been changed to incorporate the revisions of the Arbitration Act that went into effect on December 31, 1999. There are some differences between the AAA's commercial Arbitration Rules and the KCAB's Arbitration Rules regarding the clauses of jurisdiction and administrative conference, number of arbitrators, communication with arbitrator, vacancies, preliminary hearing, exchange of information, oaths, evidence by affidavit and posthearing filing of documents or others, interim measures, serving of notice, form of award, scope of award, delivery of award to parties, modification of award, release of liability, administrative fees, neutral arbitrator's compensation, and expedited procedures. In conclusion, for the vitalization of KCAB and its ADR system, the following measures should be taken : the effective case management, the development of on0-line ADR, the establishment of ADR system of electronic commerce disputes, and the variety of dispute resolution rules in each expert field.

• 산경연구논집
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• 제9권12호
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• pp.45-53
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• 2018

Purpose - The purpose of the study was to investigate operation system of current convenience store and competing retail store and to find out development of unattended convenience store. Operators can save labor cost and solve labor seeking when opening shop under suitable environment and commerce area, and assure of employee's safety. Customers are allowed to select commodity comfortably without disclosure of face and to shorten standby time at simple store opening, buying and paying and to produce convenient living environment by financing, delivery and goods control. This study examined effect and problems of operation of existing and unattended convenience store from point of view of visual merchandising to find out model of unattended convenience store and to strengthen competitiveness of convenience store business. Research design, data, and methodology - Research procedure of accomplishment of goal of the study was: The study investigated state of distribution business, and role and definition of VMD. First, VMD played an important role of promotion and competitiveness of unattended convenience stores. Second, the author investigated research and cases of unattended convenience stores 14 months, that is to say, from August 15, 2017 to October 15, 2018. Third, the author investigated on-the-spot three of common convenience stores, three of unattended convenience stores and three of retailers one month, that is to say, June 1, 2018 to July 1, 2018. The subject was convenience stores and retailers selling similar type of products at Seoul and metropolitan area. Results - Layout, selling place, brand identity, goods assortment, authentication system, product information cognition and control, buying and payment system, security system, salesmen, promotion and other services should be improved from point of view of merchandising. Structure, furniture, lighting, voice, façade, VP, PP, IP and POP should be developed. Conclusions - Unattended convenience stores saved operating cost and lessened labor and gave visitors convenience and comfortable shopping and made use of resources effectively. Further studies with quantitative analysis shall find out strategic conditions for promotion of unattended convenience stores.

• 한국수정란이식학회지
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• 제29권3호
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• pp.273-281
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• 2014

This study was carried out to establish the system of OPU derived embryo production, management of recipients as well as offspring production. OPU derived embryo production system was carried out of aspiration of immature oocytes 2 times per week, total 24 times for 3 months by an ultrasonographic guided follicular aspiration system and then produced in vitro-produced blastocysts by in vitro maturation, fertilization and culture system. This work was collected total 13,866 oocytes, average $8.2{\pm}4.5$ oocytes per session and 8,170 G1 + G2 grade oocytes, average 4.8 oocytes per session by 1,692 times session of total 71 donors for 4 years from 2010 to 2013. The rate of cleavage and blastocyst developmental competence were obtained 11,825 (85.3%) and 5,032 (36.3%) that was $7.0{\pm}3.8$ cleaved embryos and $3.0{\pm}2.5$ blastocysts per session. OPU derived embryo transfer were taken place in 2, 4, 6 and 7 local governments at 2010, 2011, 2012 and 2013 for 4 years and pregnancy rate were obtained 41.2, 43.9, 46.5 and 49.7% in each years. It means that pregnancy rate was continuously improved according of every year for 4 years. Pregnancy rate was significantly different according to individual local government in which was 62.7% in B, but 24.2% in F at 2012. Paternity identification was carried out total 26 offspring in C local government of 2012 and then confirmed 100% agreement of its analysis. In conclusion, the results obtained the possibility of mass production of elite cow embryos as well as offspring by OPU derived embryo production system, of which could be decreased the required time of genetic improvement.

• 보건행정학회지
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• 제28권3호
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• pp.222-225
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• 2018

Health policy is a historical product in the process of development, including the political and economic factors of the state as well as the social and cultural elements of the country. Bioethics began to debate the ethical questions that arise in the overall process of life's birth and death, and gradually evolved by presenting ethical directions for various social phenomena. Especially, according to the moral awakening of 'scientific medicine' which caused in some human problems in the rapidized scientific society from the late 19th century to the early 20th century, as a result of distress including the concept of various social relations, it is possible to say that it has reached the bioethics. Although health policy and bioethics are different in terms of starting and concept, they can be found in common with social, cultural, and political diversity in the times. In 2004, 'Bioethics Law' was enacted through the issue of research ethics in the life sciences. Therefore, in order to examine ethical aspects of current health policy direction and major issues, it can be divided into before and after enactment of 'Bioethics Law' in 2004. The authors would like to examine how the evolution of the ethical viewpoint on the health policy has changed in line with the enactment of the 'Bioethics Law' and how it is trying to solve it from an ethical point of view. Through the various events that took place in the 1990s and the 2000s, various discussions on bioethics were conducted in Korea. Prior to the enactment of the 'Bioethics Law,' ethical judgments of professions, distribution of healthcare resources, if the discussion focused on the ethical judgment of abortion, and the various events that appeared in the early 2000s became the beginning to inform that the ethical debate about the life, death, and dignity of human beings began in earnest in Korea with the enactment of the 'Bioethics Law.' Since then, 'Hospice and Palliative care Law' which was enacted in 2017, is based on the fact that the health policy of our country focuses on the treatment of the past diseases, health promotion, and delivery of health care services. It was an opportunity to let them know that even the quality problems were included. Therefore, considering the various circumstances, the ethical issue facing Korea's health care system in the future is the change of the demographic structure due to aging and what is to be considered as the beginning and the process of life in the overall process of life. It is the worry about how to die and when it sees as death. This has far exceeded the paradigm of traditional health care policies such as disease prevention and management and health promotion, and calls for innovative policy response at the national level that reflects the new paradigm, which in many cases creates a predictable ethical environment. And health policy should be shifted in the direction of future ethical review considering sustainability in the development process of future health care rather than coercive management.

• 한국보건간호학회지
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• 제13권2호
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• pp.26-44
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• 1999

The study was done to improve the job training course for Community Health Practioners (CHPs) by evaluating the level of help that the training provided to the CHPs in carrying out their work and to analyze the management activities of the CHPs in order to develop a more effective CHP training program. The methodologies used in the study were a questionnaire survey. The survey results were analyzed using SPSS Windows. The study results are as follows. 1. The total average level of help from the job training(Theory. Practice and Field Practice) for carrying out the CHP work was found to be $3.04\pm.53$ (of a possible 4), which indicates a high level of help. The average for clinical practices was $3.16\pm.60$. for theory. $3.11\pm.40$ and for field practice. $2.84\pm.60$. 2. For the theory content of the job training courses. the help level was low in the area of mother and child health management/family planning with an average of $2.65\pm.62$ and in the area of health information system development with an average of $2.62\pm.83$. The reason for these deficiencies were. in order of frequency. few opportunities to apply learning. training content that was inadequate. training methodologies which were incongruent with content. improper training items and insufficient class hours. For the practice. the clinical work in rehabilitation/orthopedics departments and in ENT/Opthalmology departments had averages of $2.96\pm.86$ and $2.97\pm.80$ respectively. This low level resulted from the lack of direct experience. lack of sincerity during the practice time. lack of practice guidance. insufficient time and lack of practice equipment. in that order. For the field practice. the delivery management averaged $2.06\pm.90$ as the lowest help level. In this case 68% of respondents replied that there were no relevant reasons for this deficiency. 21% responsed that there was a lack of direct experience, 7%, a lack of practice guidance and 4.8%, insufficient time. 3. There were significant differences for several demographic variables when comparing the help level of the clinical courses (practice and Field Practice). A higher help level was reported by older nurses as compared to younger ones, experienced nurses as compared to scholarship nurses, and married over single. Also for nurses who had finished more other programs and were qualified or licensed in several areas the level was high. Although it was not statistically significant the level was higher if the work area was in a rural county, not a city, and if one had more recently completed the job training(P<,05). 4. Of the respondents 58.6% replies stated the period of job training for the CHP was adequate, but 51.7% reported that the period for theory courses was too short while an other 48.3% responded that it was sufficient. For practice locations, 50% responsed that it was good to practice in medical institutions(primary, secondary and tertiary) at the same time. While 48.3% agreed that doing theory and practice simultaneously was good, and 56.9% agreed that field practice should be done after completing theory and practice training. Hence, the development of new field practice guidelines suitable for changing environments of health management are required in place of the existing ones which were considered low in help level to the practical work of the CHPs.

• 지역사회간호학회지
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• 제12권2호
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• pp.361-374
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• 2001

This study was done to identify a status of home visiting project as a community health nursing system, that was the organization. personal who have age, educational background, marital status, position, experience of the home visiting in the public sectors in part of Seoul. Kyonggi, Kang-won area, It was done to provide basis data for the development of effective visiting nurses project in the health sectors, where was Health Centers in urban and rural. Branch of Health Center in rural and Health posts. The question airs were distributed 352 public health workers who working place was 118 health workers in 12 health centers in Seoul. 56 public health workers among 39 health center and other public health sectors in Kyonggi and 178 public health workers among health center and health care sectors. Data collected from October to December. 2000. The analysis by SAS system with F test, percentage and frequency. The major result were as follows. The general characteristics of the respondent show that most of them were graduates from community college and RN-BS with broadcast that they had not completed CPHN course but only two health workers have trained for the visiting nurses project. As for their grade in the position, the most of health workers have seventh level and the other CHP were above sixth level in the health care post that in the government structure. This indicates that workers do not have great authority in decision making, the most period of works in the position was one and two years indicating that they change jobs frequently. On an average their clinical experience was 4.11 years which is ideal for the total service. As for preparation of staff for home visiting workers education on visiting nurses program have to receive short term or longer term training course for strong emphasis. The analysis showed that public health visiting workers responds about active job performance that based on an area, approach of acting by districts, education and position are shown statistically significant difference between acceptance of the visiting nursing job show the same as well as visiting nurses project. Special concerns for visiting Nursing care spread came to burden, many of activity carry out main solution is covered the health problem connective support system needs of quality and quantity which out health problem. As 71.1% of visiting health service held on the poor population was under the guardianship of the law, but people who health insurance wide application under law shown a tendency to increase gradually. The general characteristics of the patients showed 56.2% of female on average of age was 66.1 years old, they have health problem was the most of 47.6% of high blood pressure and stroke, the other and as a problem that economics, which is complex welfare with out health problem. Community health care service should be combined health and social work program. The form of delivery of visiting health care given the most guide and education with counselling and support. (33.6%) Among the six category of visiting care service shown statistically significant difference and next is fundamental care, remedy care with priority.

• 한국중재학회지:중재연구
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• 제15권3호
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• pp.55-84
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• 2005

The arbitral award is the decision of the arbitrators on the dispute that had been submitted to them by the parties, either under the arbitration clause providing for the determination of future disputes or under submission of an existing controversy. The arbitral award has the same effect between the parties as a final and binding court judgment. The arbitration award shall acquire, as soon as it is given and delivered to each parties, the authority of res judicata in respect of the dispute it settles. The validity of an award is a condition precent for its recognition or enforcement. The validity of an award depends on the provisions of the arbitration agreement including any arbitration rules incorporated in it, and the law which is applicable to the arbitration proceedings. Such provisions usually address both the form and the content of the award. As the 'form', requires article 32 of Arbitration Act of Korea that an arbitral award should, at least, (1) be made in writing and be signed by all arbitrators. (2) state the reasons upon which it is based unless the parties have agreed that it should not, (3) state its date and place of arbitration. There are some further requirement which may have to be observed before an award which has been made by a tribunal can be enforced. (4) The duly authenticated award signed by the arbitrators shall be delivered to each of the parties and the original award shall be sent to and deposited with the competent court, accompanied by a document verifying such delivery. This rule can be interpreted as if the deposit of an arbitral award with the competent court is always required as a condition for its validity or as a preliminary to its enforcement in Korea. However, we must regard this rule which requires the deposit of an arbitral award with court, as rule of order, but not as condition of its validity. Because that the date on which the award is delivered to each party is important as it will generally determine the commencement of time limits for the making of any appeal which may be available. Furthermore, the party applying for recognition or enforcement merely has to supply the appropriate court with the duly authenticated original award or a duly certified copy thereof, not any document which proves that an the arbitral award is sent to and deposited with the competent court. In order to avoid some confusion which can be caused by its interpretation and application, the Article 32 (4) of Arbitration Act of Korea needs to be abolished or at least modified.

• 수산경영론집
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• 제44권3호
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• pp.15-28
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• 2013

Abalone aquaculture has developed very rapidly in Korea. Until the mid 1990s it has annually produced about 100 tons. Since then the yield has increased to about 9,000 tons in 2012. The amount accounts for 20% of the global abalone yield. About 86% of produced abalone is consumed domestically and the rest is exported. 100 tons for export seemed as an unattainable goal back in 2003. However, the export rose up to 1,333 tons in 2012. Despite its rapid growth, Korean abalone industry is faced with some problems. The first is the slowdown of yield increase rates. Abalone production increased by 50~60% until the mid 2000. However, the rate continued to drop to below 10%. Reasons behind the slow increase are deteriorating aquaculture grounds and worsening market problems. Constant aquaculture aggravated productivity and overcrowded facilities at a limited space made matters worse. Moreover, abalone export has stalled and so did domestic consumption. In the meantime, rising mortality of young abalone has lowered productivity at abalone breeding places. The mortality rates of abalone remained below 5% in the early 2000s but rose to 30~40% these days. This translates into rising abalone prices. The market problems imply stagnant or shrinking export as well as domestic consumption. The export increase rates took a nosedive from 200 to below 50 between the early 2000s and the late 2000s. Moreover, the increase rates of domestic consumption have become remarkably sluggish. According to, it stood at 50~60% in the mid 2000s but continued to decrease after 2008. These problems, in turn, affected the size of abalone. The usual abalone size for market was 10~12 shells per kg, but recently the size became smaller and smaller to 15~16 shells per kg. The change of size implies shift in consumption patterns: Consumers not only eat live abalone but also they cook soup with it. The size of abalone for uncooked dish is usually very big, like 10~12 shells per kg. In contrast, smaller abalone, such as 20~25 shells per kg, are used for making soup. Increasing use of smaller abalone leads to lower income of abalone aquaculture households. This is partly because that the size determines the price and the price gap between big abalones and smaller ones is extreme in Korea. For the sustainable growth of Korean abalone industry, we need to come up with strategies. First, a reasonable production system needs to be in place, especially for better management of abalone aquaculture grounds. Management of abalone licenses is also necessary because local governments issue relevant licenses as well as supervising abalone grounds. Second, abalone export destination need to be diversified. Japan, the major importer of Korean abalone, takes up a lion's share of export, at 95%. Third, new consumption style of abalone needs to be developed. Abalone used to be consumed as 'raw type' or Sashimi in Korea. This sole type of consumption hampers the growth of abalone market. Moreover, more strategies are needed to encourage and distribute home cooking of abalone rather than eating-out at restaurants. Last but not least, distribution system should be improved for better delivery of live abalone.