• The Journal of the Korea Contents Association
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• v.22 no.9
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• pp.426-438
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• 2022

The current study explored the relative effects of reciprocal/empathic type on messages appealing to help patients with Lou Gehrig's disease and their family. By this, we attempted to examine the applicable scope of the reciprocal type, a way of appealing rationally in the delivery of helping messages. The focus was on the moderation of empathic concern trait, a representative altruistic personality. Conducted as the online experiment, empathic concern trait was measured in the first stage, and the helping messages presented each by reciprocal/empathic type were shown and evaluated in the second stage after about 7 days. The data of 134 people were finally analyzed, excluding insincere participants. As a result, the relative advantage of empathic type was shown, but it was only limited to the subject attitude. In the result of the interaction, the reciprocal type were as much or more influential as the empathic type for the individuals high in empathic concern trait.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.14
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• pp.103-152
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• 2000

English contract law has traditionally taken the view that it is not the duty of the parties to a contract to give information voluntarily to each other. In English law, one of the principal distinctions between insurance contract law and general contract law is the existence of the doctrine of utmost good faith in insurance law. The doctrine gives rise to a variety of duties, some of which apply before formation of the contract while others apply post-formation. This article is, therefore, designed to analyse the overall structure and problems of the doctrine of utmost good faith in English marine insurance law. The results of analysis are as following : First, the requirement of utmost good faith in marine insurance law arises from the fact that many of the relevant circumstances are within the exclusive knowledge of the assured and it is impossible for the insurer to obtain the facts to make a appropriate calculation of the risk that he is asked to assume without this information. Secondly, the duty of utmost good faith provided in MIA 1906, s. 17 has the nature as a bilateral or reciprocal, overriding and absolute duty. Thirdly, the Court of Appeal in Skandia held that breach of the pre-formation duty of utmost good faith did not sound in damages since the duty did not arise out of an implied contractual term and the breach did not constitute a tort. Instead, the Court of Appeal held that the duty was an extra-contractual duty imposed by law in the form of a contingent condition precedent to the enforceability of the contract. Fourthly, the scope of the duty of utmost good faith is closely related to the test of materiality and the assured is required to disclose only material circumstances subject to MIA 1906, s. 18(1) and 20(1). The test of materiality, which had caused a great deal of debate in English courts over 30 years, was finally settled by the House of Lords in Pan Atlantic and the House of Lords rejected the 'decisive influence' test and the 'increased risk' test, and the decision of the House of Lords is thought to accept the 'mere influence' test in subsequent case by the Court of Appeal. Fifthly, the insurer is, in order to avoid contract, required to provide proof that he is induced to enter into the contract by reason of the non-disclosure or misrepresentation of the assured. Sixthly, the duty of utmost good faith is, in principle, terminated before contract is concluded, but it is undoubtful that the provision under MIA 1906, s. 17 is wide enough to include the post-formation duty. The post-formation duty is, however, based upon the terms of marine insurance contract, and the duty lies entirely outside s. 17. Finally, MIA 1906, s. 17 provides expressly for the remedy of avoidance of the contract for breach of the duty. This means rescission or retrospective avoidance of the entire contract, and the remedy is based upon a fairly crude 'all-or-nothing' approach. What is needed in English marine insurance law is to introduce a more sophiscated or proportionate remedy.

• School Mathematics
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• v.7 no.2
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• pp.103-121
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• 2005

This article compares and analyzes mathematics textbooks of North Korea, South Korea, China and Japan and draws meaningful ways for introducing the division algorithm of fractions. The analysis is based on the five contexts: 'measurement division', 'determination of a unit rate', 'reduction of the quantities in the same measure', 'division as the inverse of multiplication or Cartesian product', 'analogy with multiplication algorithm of fractions'. The main focus of the analysis is what context is used to introduce the algorithm and how much it can appeal to students. This analysis supports that there is a few differences of introducing methods the division algorithm of fractions among those countries and more meaningful way can be considered than ours. It finally suggests that we teach the algorithm in a way which can have students easily see the reason of multiplying the reciprocal of a divisor when they divide with fractions. For this, we need to teach the meaning of a reciprocal of fraction and consider to use the context of determination of a unit rate.