• Title/Summary/Keyword: Preliminary Agreement

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The Revision Trend of UNCITRAL Model Law on International Commercial Arbitration (국제상사중재에 관한 UNCITRAL 모델법의 개정동향)

  • Lee, Kang-Bin
    • Journal of Arbitration Studies
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    • v.16 no.3
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    • pp.53-89
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    • 2006
  • At its thirty-second session(Vienna, 17 May-4 June 1999), the UNCITRAL decided that the priority items for the Working Group(Arbitration and Conciliation) should include enforceability of interim measures and the requirement of written (on for the arbitration agreement. The Working Group, at its forty-third session(Vienna, 3-7 October 2005), it had undertaken a detailed review of the text of the revised article 17 of UNCTTRAL Model Law on International Commercial Arbitration, and it had resumed discussions on a draft model legislative provision revising article 7, paragraph (2) of UNCITRAL Model Law. The purpose of this paper is to make research on the contents and issues of the draft legislative provisions on interim measures and preliminary orders, and on the form of arbitration agreement which the Working Group discussed and adopted at its forth-fourth session(New York, 23-27 January 2006). The draft legislative provisions on interim measures and preliminary orders are composed of the following provisions : Article 17-power of arbitral tribunal to order interim measures; article 17 bis-conditions for granting interim measures; article 17 ter-applications for preliminary orders and conditions for granting preliminary orders; article 17 quater-specific regime for preliminary orders; article 17 quinquies- modification, suspension, termination; article 17 sexies-provision of security; article 17 septies-disclosure; article 17 octies-costs and damages; article 17 novies recognition and enforcements; article 17 decies-grounds for refusing recognition or enforcement; article 17 undecies-court-ordered interim measures. There are the following issues in the draft legislative provisions on interim measures and preliminary orders : form of issuance of an interim measures in article 17(2); conditions for granting interim measures in article 17 bis; purpose, function and legal regime of preliminary orders in article 17 ter; obligation of arbitral tribunal to give notice, and non-enforceability of preliminary orders in article 17 quater; burden of proof, interplay between article 17 decies and article 34, and decision on the recognition and enforcement of the interim measures in article 17 decies; placement of article 17 undecies; amendment of scope exception of application in article 1(2). The draft legislative provisions on the form of arbitration agreement are composed of the following provisions : article 7(1) definition of arbitration agreement; article 7(2) arbitration agreement in writing; article 7(3) arbitration agreement if its terms(content) are (is) recorded in any form; article 7(4) arbitration agreement by an electronic communication; article 7(5) arbitration agreement in an exchange of statements of claim and defence; article 7(6) reference to any document containing an arbitration clause. There are the following issues in the draft legislative provisions on the form of arbitration agreement : arbitration agreement in writing in article 7(2); terms or contents of arbitration agreement in article 7(3); arbitration agreement by electronic communication in article 7(4); existence of arbitration agreement in article 7(5); reference to any document containing an arbitration clause in article 7(6); the alternative proposal on article 7; amendment to article 35(2).

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Applying the ACR Preliminary Diagnostic Criteria in the Diagnosis and Assessment of Fibromyalgia

  • Kim, So-Mi;Lee, Sang-Heon;Kim, Hae-Rim
    • The Korean Journal of Pain
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    • v.25 no.3
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    • pp.173-182
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    • 2012
  • Background: Fibromyalgia (FM) is characterized by chronic widespread pain with a low pain threshold. The aim of this study was to compare two criteria for the diagnosis and assessment of FM and to analyze the correlation and agreement between the 1990 and 2010 American College of Rheumatology (ACR) preliminary diagnostic criteria for FM. Methods: We studied 98 patients who had already been diagnosed as having FM using the 1990 criteria or 2010 preliminary criteria. Tender point examination, FM impact questionnaire (FIQ) and pain visual analog scale (VAS) were obtained. According to the preliminary criteria, FM was quantified as WPI (widespread pain index) and the SS scale (symptom severity) and the two criteria were compared. Results: Among 98 patients, 78.6% of the patients were diagnosed with the 1990 ACR criteria and 93.9% of the patients were diagnosed with the ACR preliminary diagnostic criteria, and there was also significant agreement between the two criteria (P < 0.01). There was a correlation with the WPI and the tender point, with the SS and the FIQ, and with the sum of the WPI and SS and the FIQ. Conclusions: The ACR preliminary diagnostic criteria for FM were in agreement with the 1990 ACR criteria during the disease course. The preliminary criteria were the more sensitive method than the 1990 criteria. In addition, the 2010 criteria might have advantages since it is easy to assess the physical and psychological symptoms and can be quantified. Therefore, the ACR preliminary diagnostic criteria for FM could be used more conveniently for clinical diagnosis and follow up evaluation after starting management of FM.

Some Problems relating to Use of Letters of Intent in International Contracts (국제계약에 있어서 의향서의 사용과 관련한 문제점)

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.51
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    • pp.55-78
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    • 2011
  • This paper has derived some problems relating to the use of letters of intent which are common occurrence in the international contracts after considering its nature and legal issues. As reviewed before, some problems may occur when a party has documented a stage in the negotiations by letters of intent. Such documents may well explicitly spell out if, and to what extent, the parties should be bound by what they have already agreed or to carry on negotiations in order to reach the final contract. But if the documents are silent, some problems would arise. Contracting parties are therefore well advised to spell out if, and to what extent, they should be bound by such preliminary agreements. Here again, it might be prudent to explicitly set forth that the parties should not be bound until there is a final written contract signed by authorized representatives of the parties but that they shall abstain from such measures which may defeat their stated objective to reach final agreement, for example, by diminishing the value of performance under the contemplated contract.

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Development of an Nursing Assessment Tool for Emergency Patients (응급환자 간호사정 도구개발)

  • Ahn, Mi-Hyun
    • Journal of Korean Academy of Nursing Administration
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    • v.4 no.2
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    • pp.419-437
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    • 1998
  • Nurses use a nursing process. that is a scientific approach method. in order to understand the clients' condition and to solve their problems. Professional nurses have accepted the nursing process as a standard framework for nursing activities, and the first step of the nursing process is nursing assessment. The purpose of this study was to develop a nursing assessment tool for emergency patients. Assessment is a first step in the nursing process, and scientific assessment helps to better understand the patients. Thus the development of an assessment tool for emergency patients will improve of nursing quality and advance to efficacy of emergency room(ER) management. The study involved the development of a conceptual framework, preliminary tool, content validity verification process. and reliability verification process. The conceptual framework was developed through a review of the literature. and preliminary tool was developed from the conceptual framework that based on care flow sheet' developed James A. Haley. The preliminary tool was evaluated for validity and reliability by seven experts, one ER nurse manager, two ER head nurses, two emergency medicine doctors. and two ER charge nurses and by ten nurses with one to five year careers in ER nursing. The results of this study was as follows 1. The conceptual framework which was developed was composed of three parts. They were triage criteria, first assessment and secondary assessment. 2. The preliminary tool which was developed had 31 items based on the conceptual framework. 3. To test expert validity a 4-point scale was used. items which had gained 3-4 points from six persons of the seven experts were selected. All 31 items from the preliminary tool were selected. 4. The reliability test was done by ten nurses educated in the use of the assessment tool. Two pairs of nurses simultaneously assessed the same patients. A total agreement percentile was calculated and result was 87.3% agreement. 5. After the validity and reliability testing. the final emergency patient nursing assessment tool was finalized with 31 items. and a check-list for the responses. This study concludes that the tool which was developed is both valid and reliable will advance quality care for emergency patients. This emergency nursing assessment tool was also found to be an adequate tool for assessment of emergency patients.

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Development and Validity Test on Preliminary Critical Pathway of Integrative Medicine for Lung Cancer Patients Treated with Chemotherapy ('항암화학요법을 받은 폐암 환자의 예비 통합의학 임상경로' 개발 및 타당도 평가)

  • Hong, Minna;Shim, So-hyun;Yoon, Seong-hoon;Choi, Jun-yong;Kim, Yun-seong
    • The Journal of Internal Korean Medicine
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    • v.38 no.6
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    • pp.917-929
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    • 2017
  • Objectives: The objective of this study was to investigate the validity of the preliminary critical pathway of integrative medicine to improve the quality of life of lung cancer patients who received chemotherapy. Methods: The vertical axis of the preliminary critical pathway of integrated medicine consisted of nine domains: assessment, treatment, activity, consult, diet, medication, Korean medical examination, education, and others. The frame of the horizontal axis was the date from hospitalization to discharge. A total of 105 items in this preliminary critical pathway were validated by an expert group from October 28, 2016 to November 4, 2016. A total of ten experts from two different medical institutions participated in the validity test, using the four-point Content Validity Index (CVI) scale. The items with validity of greater than 80% were considered as significant. Results: The analysis of the content validity of 105 items showed 102 items with greater than 80% agreement. Assessment, treatment, consult, diet, medication, and education showed 100% agreement. Only three items showed a low validity (62.5%). Based on additional comments, the preliminary critical pathway of integrative medicine has been supplemented. Conclusions: This study suggests the possibility of using the integrated medical critical pathway for patients with lung cancer who received chemotherapy.

Development of Admission and Discharge Criteria in Intensive Care Units (중환자실의 입실과 퇴실 기준 개발)

  • Jang, Yeon-Soo
    • Korean Journal of Adult Nursing
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    • v.13 no.2
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    • pp.291-304
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    • 2001
  • The purpose of this study was to develop Intensive Care Unit (ICU) admission and discharge criteria that would lead to the appropriate utilization of ICU resources and nursing services. For this study, a conceptual framework was developed through a review of the literature. Then in order to identify the overall health condition of patients in the ICU, and to draw up preliminary criteria, the medical records of 58 patients who were admitted to the ICU of Y Medical Center in Seoul between March, 1999 to February, 2000 of were analyzed. Two expert validity tests were done for the preliminary criteria for admission and discharge with 21 patients over 18 years of age who were admitted patients and for 12 patients who were discharged between May 30, 2000 and June 5, 2000 a clinical validity test was also done. After this process, the final admission and discharge criteria were developed. The results of this study are summarized as follows: 1. After a review of the literature, there were 9 categories for admission criteria cardiologic, gastrointestinal, neurologic, endocrine, post-op care of major surgery, vital signs, laboratory values, and a category of miscellaneous items. Discharge criteria had 3 categories which were vital signs, laboratory values, and a category of miscellaneous items. 2. From the medical records of the 58 patients who were admitted to the ICU, 45 items for preliminary criteria for admission and 17 for discharge were identified. 3. The two expert validity tests showed that of the 45 items 29 admission items received over 75 percent agreement. The 16 admission items which received less than 75 percent agreement were revised or deleted from the admission criteria. Of the 17 discharge items, 11 had over 75 percent agreement and 6 less then 75 percent agreement. These were revised or deleted from the discharge criteria. 4. In the clinical validity test, 14 admission items showed more than 75 percent agreement and 11 discharge items more than 83 percent agreement. 5. The final criteria consisted of 29 items for admission and 11 items for discharge. Since patients being considered for admission to the ICU have complex problems, there is a need to make the decision based on more than a single issue. This tool will insure that the ICU nursing care and treatment resources are appropriately used by allowing a multi-professional health team to make admission and discharge decisions.

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A Study on the Analysis for Aerodynamic design of centrifugal Compressor of the Marine Turbocharger (박용 터보챠저 원심압축기의 공력설계에 대한 해석적 연구)

  • Oh, Kook-Taek;Kim, Hong-Won;Ghal, Sang-Hak;Ha, Ji-Soo;Ryu, Seung-Chan
    • Proceedings of the KSME Conference
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    • 2001.06e
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    • pp.649-654
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    • 2001
  • This paper describes aerodynamic preliminary design performance prediction and flow analysis for centrifugal compressor of the marine middle engine turbocharger. The performance characteristics of turbocharger compressor are investigated at various operating conditions using mass flow rate and revolution speed, and computational flow analysis for impeller and diffuser at design point are performed. Preliminary design results correspond to actual compressor geometric values comparatively by applying modified slip factor. Performance prediction and flow analysis results show good agreement with experiments. Therefore, this will provide the performance prediction in preliminary design, and help to increase the design capability for optimized impeller.

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Hydraulic Design of Reactor Coolant Pump Considering Head Curve Slope at Design Point (양정곡선 기울기를 고려한 원자로 냉각재 펌프의 수력설계)

  • Yoo, Il-Su;Park, Mu-Ryong;Yoon, Eui-Soo
    • The KSFM Journal of Fluid Machinery
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    • v.14 no.1
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    • pp.18-23
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    • 2011
  • The hydraulic part in reactor coolant pump consists of suction nozzle, impeller, diffuser, and discharge nozzle. Among them, impeller is required to be designed to satisfy performance requirements such as head, NPSHR, and head curve slope at design point. Present study is intended to suggest the preliminary design method sizing the impeller size to satisfy the design requirement particularly including head curve slope at design point. On a basis of preliminary design result, hydraulic components have been designed in detail by CFD and then manufactured in a reduced scale. Experiment in parallel with computational analysis has been executed in order to confirm the hydraulic performance. Comparison results show good agreement with design result, confirming the validity of design method suggested in this study.

A Aerodynamic Design of Mixed Flow Turbine of the Marine Turbocharger (박용 터보챠저 사류 터빈의 공력설계)

  • Kim, Hong-Won;Oh, Kook-Taek;Ghal, Sang-Hak;Ha, Ji-Soo
    • Proceedings of the KSME Conference
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    • 2001.11b
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    • pp.670-675
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    • 2001
  • This paper describes aerodynamic preliminary design performance prediction and flow analysis for turbine of the marine middle engine turbocharger. The performance characteristics of turbocharger turbine are investigated at various operating conditions using mass flow rate and computational flow analysis for rotor and nozzle at design point are performed. Preliminary design results are performed by applying mean line and radial equilibrium theory. Performance prediction and flow analysis results show good agreement with experiments. From 3 dimensional flow analysis result, efficiency is 0.6% greater than design point. Therefore, this design approach is useful for preliminary design, and helps to increase the design capability for optimized rotor blade.

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Preliminary design and performance analysis of a radial inflow turbine (유기랭킨사이클용 반경류터빈의 예비설계 및 성능분석)

  • Kim, Do-Yeop;Kang, Ho-Keun;Kim, You-Taek
    • Journal of Advanced Marine Engineering and Technology
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    • v.39 no.7
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    • pp.735-743
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    • 2015
  • The major component with a significant impact on the thermodynamic efficiency of the organic Rankine cycle is the turbine. Many difficulties occur in the turbine design of an organic Rankine cycle because the expansion process in an organic Rankine cycle is generally accompanied by a dramatic change in the working fluid properties. A precise preliminary design for a radial inflow turbine is hard to obtain using the classic method for selecting the loading and flow coefficients from the existing performance chart. Therefore, this study proposed a method to calculate the loading and flow coefficient based on the number of rotor vanes and thermodynamic design requirements. Preliminary design results using the proposed models were in fairly good agreement with the credible results using the commercial preliminary design software. Furthermore, a numerical analysis of the preliminary design results was carried out to verify the accuracy of the proposed preliminary design models, and most of the dependent variables, with the exception of the efficiency, were analyzed to meet the preliminary design conditions.