• Title/Summary/Keyword: Preservative System

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A Study on How to Cope with the Abusive Call on On-demand Bonds (독립적 보증과 그 부당한 청구에 대한 대응방안 연구)

  • KIM, Seung-Hyeon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.261-301
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    • 2016
  • Recently the abusive calls on on-demand bonds have been a critical issue among many engineering and construction companies in Korea. On-demand bond is referred to as an independent guarantee in the sense that the guarantee is independent from its underlying contract although it was issued based on such underlying contract. For this reason, the issuing bank is not required to and/or entitled to look into whether there really is a breach of underlying contract in relation to the call on demand-bonds. Due to this kind of principle of independence, the applicant has to run the risk of the on demand bond being called by the beneficiary without due grounds. Only where the call proves to be fraudulent or abusive in a very clear way, the issuing bank would not be obligated to pay the bond proceeds for the call on on-demand bonds. In order to prevent the issuing bank from paying the proceeds under the on-demand bond, the applicant usually files with its competent court an application for injunction prohibiting the beneficiary from calling against the issuing bank. However, it is in practice difficult for the applicant to prove the beneficiary's call on the bond to be fraudulent since the courts in almost all the jurisdictions of advanced countries require very strict and objective evidences such as the documents which were signed by the owner (beneficiary) or any other third party like the engineer. There is another way of preventing the beneficiary from calling on the bond, which is often utilized especially in the United Kingdom or Western European countries such as Germany. Based upon the underlying contract, the contractor which is at the same time the applicant of on-demand bond requests the court to order the owner (the beneficiary) not to call on the bond. In this case, there apparently seems to be no reason why the court should apply the strict fraud rule to determine whether to grant an injunction in that the underlying legal relationship was created based on a construction contract rather than a bond. However, in most jurisdictions except for United Kingdom and Singapore, the court also applies the strict fraud rule on the ground that the parties promised to make the on-demand bond issued under the construction contract. This kind of injunction is highly unlikely to be utilized on the international level because it is very difficult in normal situations to establish the international jurisdiction towards the beneficiary which will be usually located outside the jurisdiction of the relevant court. This kind of injunction ordering the owner not to call on the bond can be rendered by the arbitrator as well even though the arbitrator has no coercive power for the owner to follow it. Normally there would be no arbitral tribunal existing at the time of the bond being called. In this case, the emergency arbitrator which most of the international arbitration rules such as ICC, LCIA and SIAC, etc. adopt can be utilized. Finally, the contractor can block the issuing bank from paying the bond proceeds by way of a provisional attachment in case where it also has rights to claim some unpaid interim payments or damages. This is the preservative measure under civil law system, which the lawyers from common law system are not familiar with. As explained in this article, it is very difficult to block the issuing bank from paying in response to the bond call by the beneficiary even if the call has no valid ground under the underlying construction contract. Therefore, it is necessary for the applicants who are normally engineering and construction companies to be prudent to make on-demand bonds issued. They need to take into account the creditability of the project owner as well as trustworthiness of the judiciary system of the country where the owner is domiciled.

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Oral health status and treatment need of institutionalized elderly patients (노인요양시설에 있는 노인환자의 구강실태 및 치료수요도)

  • Yang, Soon-Bong;Moon, Hong-Suk;Han, Dong-Hoo;Lee, Ho-Yong;Chung, Moon-Kyu
    • The Journal of Korean Academy of Prosthodontics
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    • v.46 no.5
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    • pp.455-469
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    • 2008
  • Statement of problems: In the area of dental care, the institutionalized elderly have placed the most vulnerable state, and we cannot find their subjective need of dental treatment because of the physical and mental disabilities, But we have no basic investigation of their oral health conditions. Purpose: The aims of the current study were to investigate the oral health status of institutionalized elderly patients who are in the least benefited side of dental service, and to analyze their dental treatment needs. Material and methods: The survey of the oral status was carried out on 758 institutionalized elderly, and 212 elderly who was more than 65 years old from D dental office, and it was based on the Guidelines of Oral Health Research of year 2000 in Republic of Korea. Results and conclusion: The DMFT index of the institutionalized elderly appeared higher than that of the same ages in control group, and it increased with age. The number of residual teeth of the institutionalized elderly appeared lower than that of the same ages in control group, and it decreased with age (P < .05). The number of fixed partial denture in institutionalized elderly was lower than that of the same ages in control group (P < .05). The percentage wearing removable partial denture was not significant between the elderly in institutions and the control group, and was not different according to age between the two groups. The percentage of institutionalized elderly wearing complete denture appeared lower than that of the same ages in control group, and it increased with age. The percentage of institutionalized elderly needing complete denture was higher than that of control group, and the percentage of elderly needing complete denture on the maxilla was higher than that of the mandible. 16.35% of the institutionalized elderly was living without denture in spite of their fully edentulous state. The need for complete denture increased rapidly with age. The number of valued teeth and dental prostheses in shortened dental arch concept and number of occluding pairs of teeth of institutionalized elderly were lower than that of the control group (P < .05). In institutionalized elderly, the number of residual teeth, the number of fixed partial dentures, and the percentage wearing removable partial dentures were higher in the mandible, and the percentage wearing complete dentures was higher in the maxilla (P < .05). The rate of institutionalized elderly needing prosthodontic treatment appeared to be 67.82%, where the number of occluding pairs of teeth was less than 10. When it is difficult to evaluate the subjective need of dental treatment as with the institutionalized elderly, estimation using the number of occluding pairs of teeth can be a useful indicator that can project treatment needs. For the oral health care of institutionalized elderly, it is essential to increase the awareness of nurses and caregivers who take care of them, about the importance of the oral health. Since the average life span and number of residual teeth are increasing gradually, the welfare policy should be changed to implementing regular dental examinations, preservative treatment forms and oral health control of dentulous patients where the traveling-treatment system and visit system are supplemented. And principles should be set that the present denture project of edentulous patients should be done by specialists who'll also be responsible for postmanagement. Through this research of institutionalized elderly, the oral health status which is worsened by aging could be confirmed. And the interest and positive participation of dental society on the elderly should come first in order to solve the rising treatment needs of the elderly patients.

Characterization of Low-Temperature Pyrolysis and Separation of Cr, Cu and As Compounds of CCA-treated Wood (CCA (Chromated Copper Arsenate) 처리 목재의 저온 열분해와 CCA 유효 성분분리 특성)

  • Lim, Kie-Pyo;Lee, Jong-Tak;Bum, Jung-Won
    • Journal of the Korean Wood Science and Technology
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    • v.35 no.1
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    • pp.73-80
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    • 2007
  • This study was carried out to separate the heavy toxic metals in eco-building materials by low-temperature pyrolysis, especially arsenic (As) compounds in CCA wood preservative as a solid in char. The pyrolysis was carried out to heat the CCA-treated Hemlock at $280^{\circ}C$, $300^{\circ}C$, $320^{\circ}C$, and $340^{\circ}C$ for 60 mins. Laboratory scale pyrolyzer composed of [preheater$\rightarrow$pyrolyzer$\rightarrow$1st water scrubber$\rightarrow$2nd bubbling flask with 1% $HNO_3$ solution$\rightarrow$vent], and was operated to absorb the volatile metal compound particulates at the primary water scrubber and the secondary nitric acid bubbling flask with cooling condenser of $4^{\circ}C$ under nitrogen stream of 20 mL/min flow rate. And the contents of copper, chromium and arsenic compounds in its pyrolysis such as carbonized CCA treated wood, 1st washing and 2nd washing liquors as well as its raw materials, were determined using ICP-AES. The results are as follows : 1. The yield of char in low-temperature pyrolysis reached about 50 percentage similar to the result of common pyrolytic process. 2. The higher the pyrolytic temperature was, the more the volatiles of CCA, and in particular, the arsenic compounds were to be further more volatile above $320^{\circ}C$, even though the more repetitive and sequential monitorings were necessary. 3. More than 85 percentage of CCA in CCA-treated wood was left in char in such low-temperature pyrolytic condition at $300^{\circ}C$. 4. Washing system for absorption of volatile CCA in this experiment required much more contacting time between volatile gases and water to prevent the loss of CCA compounds, especially the loss of arsenic compound. 5. Therefore, more complete recovery of CCA components in CCA-treated wood required the lower temperature than $320^{\circ}C$, and the longer contacting time of volatile gases and water needed the special washing and recovery system to separate the toxic and volatile arsenic compounds in vent gases.

Effect of Vase Water Temperature and Leaf Number on Water Relations and Senescence of Cut Roses (절화장미의 수분관계와 노화에 대한 용기내 수온과 엽수의 효과)

  • In, Byung-Chun;Chang, Myoung-Kap;Byoun, Hye-Jin;Son, Ki-Cheol
    • Horticultural Science & Technology
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    • v.28 no.4
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    • pp.609-617
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    • 2010
  • The effect of vase water temperature and leaf number on water relations and senescence responses was determined in cut roses. Freshly harvested 'Red Sandra' roses were re-trimmed to 50 cm leaving two or four upper leaves and held in one of three solutions: ambient temperature distilled water ($23^{\circ}C$; AT-DW), low temperature distilled water ($7^{\circ}C$; LT-DW) and low temperature preservative solution (LT-PW). Flowers were kept in an environmental controlled room. Treatment effects evaluated were vase life, flower diameter, and changes in fresh weight and water uptake. Differences in water relations were determined by measuring $CO_2$ assimilation, stomatal conductance, and stem water flux rate (SFR). The water uptake rate was significantly increased in roses in LT-DW and decreased in those in LT-PW. While showing lower solution uptake rate during vase period, roses in LT-PW exhibited greatest fresh weight, longest positive water balance duration and largest flower diameter. Flowers with two leaves attached exhibited a higher fresh weight and improved water balance, thereby extending vase life. $CO_2$ assimilation rate and stomatal conductance were significantly decreased by placing flowers in LT-PW, yet increased by reducing leaf number to two leaves on the flower stems. Compared to the upper stem, the SFR of the basal stem of roses in AT-DW was lower, whereas SFR in basal stems of roses in LT-DW was much higher, suggesting that low-temperature water improved the hydraulic conductance in the stems. In contrast, roses in LT-PW had a stable SFR during the experimental period and displayed a similar pattern in SFR between upper and basal portions of the stems. Consequently, the vase life of cut roses in LT-PW and LT-DW was extended by more than eight and four days, respectively, compared to those in AT-DW.

Antimicrobial, Antioxidant and Cellular Protective Effects of Houttuynia cordata Extract and Fraction (어성초 추출물 및 분획물의 항균, 항산화 및 세포보호활성)

  • Yun, Mid Eum;Lee, Ye Seul;Lee, Yun Ju;Park, Young Min;Park, Soo Nam
    • Applied Chemistry for Engineering
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    • v.29 no.4
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    • pp.452-460
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    • 2018
  • This study was conducted to investigate the physiological activities of Houttuynia cordata extracts and fractions. H. cordata extracts were extracted with 50% ethanol and the ethyl acetate fractions were obtained from the extracts. Minimum inhibitory concentration (MIC) values of the ethyl acetate fraction for S. aureus and B. subtilis were $78{\mu}g/mL$ and $312{\mu}g/mL$, respectively, indicating the high activity against gram-positive bacteria. The free radical scavenging activity ($FSC_{50}$) for 1,1-diphenyl-2-picrylhydrazyl (DPPH) was higher in the ethyl acetate fraction with $12.00{\mu}g/mL$ compared to that of $27.15{\mu}g/mL$ for 50% ethanol extract. The total antioxidant activity ($OSC_{50}$) values for reactive oxygen species (ROS) produced in $Fe^{3+}-EDTA/H_2O_2$ system by a luminol-dependent chemiluminescence method were 2.91 and $0.983{\mu}g/ml$ for the 50% ethanol extract and ethyl acetate fraction, respectively. To investigate cellular protective effects on the HaCaT cell, the intracellular ROS scavenging activity was measured after UVB irradiation and the ethyl acetate fraction of H. cordata showed the activity in a concentration-dependent from $1.6{\mu}g/mL$ and a reduction rate of 54.3% at a maximum concentration of $12.5{\mu}g/mL$. Also, HaCaT cell protective effect against $H_2O_2$-mediated decreased the cell viability of the ethyl acetate fraction of H. cordata which significantly increased the cell viability from $0.8{\mu}g/mL$ and the maximum cell viability showed 86.9%. The ethyl acetate fraction of the H. cordata extracts was analyzed by TLC and HPLC. As a result, quercitrin, isoquercitrin, hyperoside, chlorogenic acid, neochlorogenic acid, cryptochlorogenic acid, rutin and afzelin were identified. From the above results, it was suggested that the extracts and fractions of H. cordata have a potential to be applied in the field of cosmetics as a natural antioxidant/preservative capable of protecting the cell membrane from the oxidative stress by eliminating ROS and exhibiting the antimicrobial effect.

Conservation of Removing Surface Contaminants on Silla monument at Jungsung-ri using Nd:YAG Laser Cleaning System (Nd/YAG레이저를 이용한 포항중성리신라비 표면오염물 제거와 보존처리)

  • Lee, Tae Jong;Kim, Sa Dug;Lee, Joo Wan;Oh, Jung Hyeon;Lee, Myeong Seong
    • Korean Journal of Heritage: History & Science
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    • v.44 no.4
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    • pp.142-153
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    • 2011
  • 'Silla Monument Stone in Jungseong-ri, Pohang' was discovered in Pohang City, Gyeongsangbuk Province of Korea in 2009. The monument stone with irregular shape has dimensions of maximum height of 105cm, width of 47.6~49.6cm, thickness of 13.8~14.7cm and weight of 115kg. The results of monument stone was found to be granitite. Conservation treatment procedure was carried out in the order of production of Weathering map, cleaning of surface pollutants, consolidation using ethyl silicate. Black pollutant(crust) that covered more than 60% of the surface was analyzed first in order to remove the pollutants on the surface of the monumental stone by cleaning of surface pollutants using laser. The purpose on analysis was not only to verify the pollutants on the stone but also to carry out preliminary cleaning by securing rocks with same pollutant as the monumental stone. As the results of analysis using p-XRF(PMI. INNOV-X, USA) on the site, high level of Mn and Fe were detected, and the analysis of small section that had been fallen off with SEM/EDX for the purpose of quantitative analysis also detected high level of Mn. The Similar contaminants on Stone secured in the manner described above were made into 10 samples ($5cm{\times}5cm$) and was subjected to preliminary cleaning by Nd-YAG Laser(Laser&Physics, Korea). The results of surface observation through portable microscope during cleaning revealed that the power of 460mJ, wavelength of 1064nm and irradiation frequency of 1,800~2,300 per $25cm^2$ were most effective. Evaluation on the preservative treatment was made through confirmation of the extent of removal through color-difference meter measurement and component analysis prior to and following removal of the pollutants. As the result of color-difference meter measurement increase in the brightness was evidenced by the increase in the brightness ($L^*$)value from 33 to 49, and it was possible to ascertain the reduction in the pollutants as the content of Mn was reduced by about 80% from $50,000{\pm}5,000ppm$ to $10,000{\pm}2,000pmm$ from the result of component analysis.

Antimicrobial Synergistic Effects of Gallnut Extract and Natural Product Mixture against Human Skin Pathogens (피부 병원성균에 대한 오배자 천연 복합물의 시너지 항균 효과)

  • Kim, Ju Hee;Choi, Yun Sun;Kim, Wang Bae;Park, Jin Oh;Im, Dong Joong
    • Journal of the Society of Cosmetic Scientists of Korea
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    • v.47 no.2
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    • pp.155-161
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    • 2021
  • This study was attempted to investigate natural materials with antimicrobial activity and to apply as natural preservatives in cosmetics. The disc diffusion method was used to search for nine species of natural antibacterial material for three species of skin pathogenic bacteria (Staphylococcus aureus, Escherichia coli, Pseudomonas aeruginosa) and Candida albicans. As a result of measuring the size of inhibition zone, Rhus Semialata gall (Gallnut) extract, Oak vinegar, and ε-polylysine were showed strongest antibacterial activities (> 10 mm). The Minimum Bactericidal Concentration (MBC) of gallnut and oak vinegar ranged from 10 to 20 mg/mL and from 20 to 40 mg/mL against five human skin pathogens. The MBC of ε-polylysine ranged from 0.5 to 2 mg/mL in fungus. The synergic effect of gallnut extract/oak vinegar mixture and gallnut extract/ε-polylysine mixture were evaluated by checkerboard test. Compared to when used alone, the MBC of gallnut extract/oak vinegar mixture were at 4 times lower concentration against E. coli, C. albicans, and A. brasiliensis. Also Furthermore, the MBC of gallnut extract/ε-polylysine mixture were at 4 times lower concentration against C. albicans and A. brasiliensis. It was confirmed that the combination of gallnut extract with oak vinegar or ε-polylysine resulted in synergistic antibacterial effect against three human skin pathogens. Thus, it is expected that gallnut extract and natural product mixture can not only demonstrate antibacterial synergies, but also be applied in cosmetics as a natural preservative system with a wide antibacterial spectrum.