• Title/Summary/Keyword: Refusal

Search Result 317, Processing Time 0.029 seconds

A Study on Enforcement of Foreign-related and Foreign Arbitral Awards in China (중국의 섭외 및 외국중재판정 강제집행제도 연구)

  • Cha Kyung-Ja
    • Journal of Arbitration Studies
    • /
    • v.15 no.2
    • /
    • pp.263-292
    • /
    • 2005
  • In China, as far as the enforcement of the award is concerned, a three-pronged regime exists : each for domestic, foreign-related and foreign awards. As opposed to domestic awards, foreign-related awards are defined as those involving 'foreign-element.' Among them, this article focuses on the enforcement regimes of foreign-related and foreign arbitral award, and strives to provide a practical outlook of the arbitral award enforcement regime in China. For that, this article consists of five chapters. In chapter I, the purpose and scope of this study are mentioned; In Chapter II, the types, the statutory framework, the related measures, the statistical assessment on enforcement of arbitral awards are addressed. Chapter III points out some issues on the enforcement regimes of foreign-related and foreign arbitral awards, with focus paid to the recognition of foreign-related arbitral awards, the substantive judicial review of foreign-related arbitral awards, and the refusal of enforcement with the social and public interest ground. Chapter VI introduces two non-enforcement cases of foreign-related and foreign arbitral awards. Lastly in chapter V, the author makes a proposal to improve the enforcement regime in China. Although China already obtained a certain level of achievement, she still need to be undertaken by the government and judicial authorities to offset the negative effects of some obstacles to hamper the enforcement such as protectionism so that she may create a more favorable arbitration environment.

  • PDF

An Analysis of Case on Frustration under Time Charter in the Sea Angel (정기용선계약상 이행불능에 관한 Sea Angel호 사건의 판례 분석)

  • Han, Nak-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.39
    • /
    • pp.251-280
    • /
    • 2008
  • A party to the charter will not be able to rely upon the doctrine of frustration if an event which makes further performance impossible has been caused by his breach of the charter. Strictly speaking, this is not a situation of frustration at all but rather a case of discharge of the contract by breach. In the Sea Angel case, the defendant entered into a Lloyd's Standard Form of Salvage Agreement with owners of the casualty on the LOF 2000 form, incorporating the SCOPIC clause. The time charter was on the terms of the Shelltime 4 form. This case the trial of the action brought by the claimants owners of the vessel Sea Angel claiming outstanding hire from the defendant charterers. This Case was issued whether charterparty frustrated by refusal of port authorities to issue "No Demand Certificate" allowing port clearance pending payment of oil spillage clean-up costs. The court concluded that no attempt had yet been made to invoke the assistance of the Pakistani court to obtain the release of the vessel. There was not so radical or fundamental a change in the obligation assumed by defendant as to establish frustration. The purpose of this study aims to analyse frustration and time charter in the Sea Angel case.

  • PDF

Review of Contraindications for Oncology Acupuncture (암 환자의 침치료 금기증에 대한 고찰)

  • Bang, Sun-Hwi;Yoo, Hwa-Seung;Lee, Yeon-Weol;Cho, Chong-Kwan
    • Journal of Korean Traditional Oncology
    • /
    • v.16 no.2
    • /
    • pp.9-17
    • /
    • 2011
  • Objectives : Contradictions for Oncology acupuncture were searched and reviewed to establish fundamentals for the appropriate contraindication guideline. Methods : In order to search contraindications for oncology acupuncture, domestic journals, books and online database of Pubmed were searched using the terms, cancer, tumor, acupuncture, safety, contraindications and guideline were below. Results : We found 7 papers and 1 book by the above methods. We reviewed and suggested the contraindications. Contraindications for oncology acupuncture are neutropenia (absolute neutrophil count : ANC less than $500/mm^3$), thrombocytopenia (platelets less than $50,000/mm^3$), anticoagulant use, spinal instability, tumour nodule, lymphedema, prosthesis, intracranial deficits, confused patients, significant arrhythmia, patient refusal to treatment, severe neurotic patients and intracardiac defribillator. Contraindications for using semi-permanent needles are neutropenia (ANC less than $500/mm^3$), splenectomy, valvular heart disease, B, C hepatitis and keloids. Conclusions : Acupuncture for cancer patients pose significant risks but these guidelines are proposed in the hopes of providing certain boundaries in practicing oncology acupuncture. A more systematic and rigorous research is needed to establish a more reliable oncology acupuncture guidelines.

Kennedy's Funnyhouse of a Negro: The features of a black woman's self-identity (케네디의 "니그로의 요술집": 흑인여성 자아의 양상)

  • Park, Jin-Sook
    • English Language & Literature Teaching
    • /
    • v.12 no.1
    • /
    • pp.205-220
    • /
    • 2006
  • This paper argues how Adrienne Kennedy embodies the features of a black woman's self-identity in Funnyhouse of a Negro. An educated young black woman, Sarah lives in a funnyhouse which is surrounded by mirrors. The reflections in the funnyhouse's mirrors are a metaphor of a black woman's life in America. Sarah's narrative is played out by four "selves," differing by sex and race. These selves imply her mixed cultural heritage. Two white women symbolize white European royalty, Jesus expresses christianity which is the basis of western culture and Lumumba represents Africa. Sarah's desire for whiteness is concentrated on skin color and hair. She longs for pallid skin and straight hair of the white race. Sarah wanted to be white, but her "tainted blood" by her black father made that impossible. Sarah is always obsessed by the fear of her father and the unhappy destiny of her mother. Ceaseless knocking, paralyzed images of lifelessness and surreal dreams effectively show her fear. Sarah's selves remain fragmented in the funnyhouse. Sarah exposures the black woman's anger and frustration through her death. Her death is a gesture of denial and refusal of the dominant society. At the same time, it was her last choice and struggle not to completely lose her own identity.

  • PDF

Enforcement of Arbitral Awards Incompatible with the Korean Procedural Framework

  • Lim, Sue Hyun
    • Journal of Arbitration Studies
    • /
    • v.30 no.3
    • /
    • pp.67-94
    • /
    • 2020
  • This paper examines the current enforcement regime of Korea and provides an overview of the same with focus on the changes before and after the 2016 revision of the Korean Arbitration Act. It briefly studies the pro-arbitration bias of the New York Convention, as well as the Korean judiciary's stance on the enforcement of foreign arbitral awards. Some of the substantial issues discussed in the paper include the major procedural changes brought about by the 2016 amendment with respect to the enforcement of arbitral awards. The paper also discusses the rare instances where the Korean judiciary refused to recognize or enforce an arbitral award, and the reasoning behind the refusal. The paper discusses and analyzes four court judgments that reflect the Korean judiciary's position on the enforcement of foreign and domestic arbitral awards in Korea. It focuses on the NDS v. KT Skylife case, where the court of first instance refused the enforcement on grounds that the relief granted by the arbitral tribunal was not specific enough for enforcement. Ultimately, the appellate court, although agreeing on the specificity requirement, reversed the ruling and granted an enforcement judgment on grounds that the application for enforcement had the legal interest to request an enforcement judgment.

An Attitudinal Study of Smoking Behavior among Korean Adolescents (청소년의 흡연행위에 관한 태도 연구)

  • Choi Sun-Ha
    • Journal of Korean Public Health Nursing
    • /
    • v.13 no.2
    • /
    • pp.174-182
    • /
    • 1999
  • This study. aimed to categorize attitude of smoking behaviors among adolescents and to provide useful data for development of anti-smoking programs for students was conducted from February 1 to August 15. 1999. using the Q method. After reviewing the literature and preceding studies. the researcher proceeded to interview 15 middle and high school students and thereupon. developed a statement form consisting of 34 items. Then. 33 students were sampled. The collected data were coded after having been scaled from '1' to '9'. and then. was analyzed using the PC QUANL program. After all. three types of adolescents were identified. The first type or 'negation' type students perceive smoking as bad habit. and therefore. do not admit of smoking. The second type or 'self-choice' type students conceive that anyone can smoke depending on their judgement. and therefore. admit of other students' smoking. The third type or 'self-perceived refusal' type admit of other students' smoking. but refuse smoking for themselves. Lastly. it is believed that the results of this study would be useful for designing anti-smoking health programs for our adolescents. It is also hoped that this study would be followed up by such studies suggested by the data for the development of anti-smoking programs for each category of students.

  • PDF

Study of Hippy style in 1960s France (60년대 불란서 히피복식에 관한 연구)

  • 이인성
    • Journal of the Korean Home Economics Association
    • /
    • v.35 no.6
    • /
    • pp.1-13
    • /
    • 1997
  • Hipp8ie style was introduced in 1960s when young generation's movement against industrial society and mass culture was spread. Its value was to go back to "Real and Pure Nature". Hippie originated from "Human Be-in" which was on-violent revolution held in sanfrancisco. American Hippie style was represented through freedom and love based on drug and psychedelic culture which were created by the young generation who were against traditional esthetic value as well as the moral and material value. However, Hippie style was represented differently in France. The privilege classes such as artists who were interested in surrealism, art negro and primitive culture, the intelligentsia like Montparnass in Paris, accepted Hippie style faster than ordinary people did. therefor, Hippie style in france was represented as an esthetic mode not a symbol of anti-culture and anti-policy. The general public imitated the style of the privileged classes and coordinated their style according to their personality without any standard such as blue jeans, ethnic, psychedelic, mini, mods, beatnik, etc. Yves Saint Laurent who was influenced by hippies led the mode of Paris to introduce "Africa", "Saharienne", "Pathwork". therefore, in 1960's fashion in Paris, everything was possible because of too many changes in fashion and refusal of accepting vogue.

  • PDF

Practical Considerations in Anesthesia for Electroconvulsive Therapy (전기경련치료의 마취를 위한 실제적 문제들)

  • Youn, Tak;Kim, Yong Sik;Lee, Nam Young;Kim, Se Hyun;Choi, Jun Gwon;Lee, Jeoung Hyuk;Chung, In Won
    • Korean Journal of Biological Psychiatry
    • /
    • v.24 no.3
    • /
    • pp.110-128
    • /
    • 2017
  • Electroconvulsive therapy (ECT) has been recognized effective as primary or secondary treatments for major psychiatric disorders including depression and schizophrenia, as well as psychiatric emergency such as suicide, food refusal and catatonia, and so on. Medicines used in anesthetic induction for ECT, cause various reactions in autonomous, hemodynamic, and neuromuscular systems. The anesthetics also affect the duration, threshold, and intensity of seizures evoked with electric stimuli, and thus modify the seizure quality in ECT. Individual characteristics of age, sex, weight, comorbid physical disorders, and medications should also be considered for optimal clinical response after ECT. When preparing for anesthesia, adequate anesthetic agents and muscle relaxants, and rapid recovery should be carefully considered. We conducted a case-series study to address practical issues that are frequently encountered during ECT anesthesia with reviews of updated journals in order to provide practical helps to clinicians who are preparing ECT for their patients.

A Study on Hazard Analysis and Critical Control Points(HACCP) in School Lunch by Analyzing Food Cooking Processes (초등학교급식 식단에 대한 조리공정별 HACCP에 관한 연구)

  • Bin, Sung-Oh;Kim, Moon-Ju
    • The Journal of Korean Society for School & Community Health Education
    • /
    • v.8 no.2
    • /
    • pp.79-95
    • /
    • 2007
  • A study was conducted in order to develope HACCP model in school lunch in Korea. Results: 1. Of 22 menus 4(18%) were non heating processes (#1), 2(9%) were food handling by using hands (#2), and 16(73%) were heating processes (#3). Of 279 menus 36(12.9%) belong to process #1, 8(2.9%) to process #2, and 235(84%) to process #3. 2. The critical control points for process #1 were contamination by hands of food handlers, and unsanitary food preparation habits of food handlers. Those for process #2 were improper heating temperature, contaminations by food handlers' hands, and unsanitary food handling habits, and cross contamination by unclean utensils and equipment. 3. Management criteria for the CCPs were conditions of food storage, refrigeration, freezing, food cooking temperature, personal hygiene, washing and sanitization of utensils and equipment. 4. Monitoring criteria for CCPs were observation, temperature checking, inspection of utensils and equipment, and practice of good personal hygiene. 5. Corrective actions were refusal of unsafe products, correction of improper temperature, proper cleaning and sanitization, and proper reheating time and temperature.

  • PDF

Clinical Experience of Head-Injured Patients in the Rural Area (농촌지역에서의 두부외상 환자의 임상경험)

  • Kim, Il-Man
    • Journal of Korean Neurosurgical Society
    • /
    • v.29 no.8
    • /
    • pp.1050-1054
    • /
    • 2000
  • Objective : The incidence of head injury has been increasing in the rural area. The author investigated the clinical features and difficulties in care of the acute head-injured patients in this area. Method and Material : The authors performed a retrospective review of radiological data and clinical records in patients with mild to moderate head injury. Cause, type of craniocerebral injury, delayed intracranial lesions, complications, its relation to alcohol abuse, and outcome were analyzed. Results : In total of 68 cases, 20(29.4%) victims were associated with acute alcohol intoxication. Motor vehicle accident was the leading cause of head injury and the most common craniocerebral lesion was basilar skull fracture. Eight(11.8%) patients showed delayed radiological and clinical deterioration and 40(58.8%) were followed-up regularly after discharge. The subdural hygroma was commonly noted in the elderly and alcoholics. Causes of thirty events that resulted in an atypical and difficult neurosurgical practice were as follows : delayed admission, premature discharge against doctor's request, refusal of radiological studies and admission, misunderstanding of disease entity, and unreasonable desire of transfer to tertiary hospitals. Inaccurate initial diagnoses were made by emergency doctors in twenty patients. During the course of treatment, there were a few complications such as alcohol withdrawal, acute otitis media, cerebrospinal fistula, facial weakness, and posttraumatic seizure. Outcome was good in 60(88.2%) patients. Conclusion : Most of minor head trauma patients in this series have shown good results, but we have to consider some possible complications and delayed intracranial lesions in these patients that should be managed with special cautions with various kinds of treatment difficulties.

  • PDF