• Journal of Korea Trade
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• v.25 no.2
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• pp.152-177
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• 2021

Purpose - This study analyses the excepted requirement and burden of proof of the carrier due to unseaworthiness through comparison between the marine transport contract and marine insurance contract. Design/methodology - This study uses the legal analytical normative approach. The juridical approach involves reviewing and examining theories, concepts, legal doctrines and legislation that are related to the problems. In this study a literature analysis using academic literature and internet data is conducted. Findings - The burden of proof in case of seaworthiness should be based on presumed fault, not proved fault. The burden of proving unseaworthiness/seaworthiness should shift to the carrier, and should be exercised before seeking the protections of the law or carriage contract. In other words, the insurer cannot escape coverage for unfitness of a vessel which arises while the vessel is at sea, which the assured could not have prevented in the exercise of due diligence. The insurer bears the burden of proving unseaworthiness. The warranty of seaworthiness is implied in hull, but not protection and indemnity policies. The 2015 Act repeals ss. 33(3) and 34 of MIA 1906. Otherwise the provisions of the MIA 1906 remain in force, including the definition of a promissory warranty and the recognition of implied warranties. There is less clarity about the position when the source of the loss occurs before the breach of warranty but the actual loss is suffered after the breach. Nonetheless, by s.10(2) of the 2015 Act the insurer appears not to be liable for any loss occurring after the breach of warranty and before there has been a remedy. Originality/value - When unseaworthiness is identified after the sailing of the vessel, mere acceptance of the ship does not mean the party waives any claims for damages or the right to terminate the contract, provided that failure to comply with the contractual obligations is of critical importance. The burden of proof with regards to loss of damage to a cargo caused by unseaworthiness is regulated by the applicable law. For instance, under the common law, if the cargo claimant alleges that the loss or damage has been caused by unseaworthiness, then he has the burden of proof to establish the followings: (i) that the vessel was unseaworthy at the beginning of the voyage; and that, (ii) that the loss or damage has been caused by such unseaworthiness. In other words, if the warranty of seaworthiness at the inception of the voyage is breached, the breach voids the policy if the ship owner had prior knowledge of the unseaworthy condition. By contrast, knowingly permitting the vessel to break ground in an unseaworthy condition denies liability only for loss or damage proximately caused by the unseaworthiness. Such a breach does not, therefore, void the entire policy, but only serves to exonerate the insurer for loss or damage proximately caused by the unseaworthy condition.

• Journal of Korea Trade
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• v.24 no.8
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• pp.101-120
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• 2020

Purpose - The buyer's right to withhold performance is a useful and important self-help remedy to protect himself from the seller's breach of contract, and it is also the coercive means to induce the seller to perform his part of contract. However, the buyer's exercise of such a right often exposes himself to the risk of breaching the contract. This is generally due to his ignorance when he is entitled to the right and also uncertainties inherent in the law. Therefore, the purpose of this paper is to examine what the requirements should be fulfilled before the buyer exercises the right for the seller's actual breach of contract. Design/methodology - In order to achieve the purposes of the study, it executes a comparative study of the rules as to the requirements for the buyer's right to withhold performance for the seller's actual non-performance under the CISG and the CESL. It mainly focuses on performance due, the seller's non-performance, the buyer's readiness to perform and the requirement of notice. Findings - The main findings of this comparative study can be summarized as follows: Although the CISG has no expressive provision for the buyer's general right to withhold performance for the seller's actual non-performance, it may be inferred from the general principles the CISG underlies, synallagmatic nature of the contract. In addition, it can be drawn by analogy from relevant provisions of the CISG. On the other hand, the CESL expressively provides that the buyer has a general right to withhold performance where the seller fails to tender performance or perform the contract. Therefore, it seems that the position of CESL is rather easier and more apparent to allow the buyer to withhold performance for the seller's non-performance. Originality/value - Most of the existing studies on the right to withhold performance under the CISG have centered on the right to withhold performance for an anticipatory breach of contract. On the other hand, there have been few prior studies on the right to withhold performance for the actual nonperformance during a contractual period of performance. Therefore, this paper examined the requirements for the buyer's right to withhold performance under the CISG and the CESL in a comparative way for the seller's actual breach of obligation. In this conclusion, it may provide practical and legal considerations and implications for business people who are not certain about the right to withhold performance.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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• v.9 no.7
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• pp.175-185
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• 2019

In order for learners with different characteristics to reach meaningful learning, the curriculum - class-assessment must be integrated. In this study, we classified the integration into three aspects: content compatibility, operator convergence, and institutional connectivity, and looked at the status of unifying special classes in general schools from each perspective. As a result of the study, in terms of content suitability, adjustment of the curriculum to those subject to special education-professorial revision-assessment adjustment was not performed well except for subjects where individualization professors were conducted. From an actor's perspective, the ambiguity of the roles of general and special teachers resulted in the inability of curriculum coordinators, educators, evaluators and others to agree or even minimal consultations. In terms of institutional linkage, the authority and role of curriculum coordination, professorial revision, and assessment coordination were unclear except for subjects where individualization professors were conducted. As an alternative to discuss and remedy these problems, it proposed increasing awareness of individualized education, compulsory consultation and institutional readjustment.

• Journal of Korean Medicine Rehabilitation
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• v.31 no.2
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• pp.1-14
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• 2021

Objectives We evaluated the improving effects of Taeksa-tang (TST) using 3T3-L1 cells and C57BL/6 mice were fed on a high-fat diet. Methods The anti-radical activities of TST were studied using 2,2-diphenyl-1-picrylhydrazyl and 2,2'-azino-bis (3-ethylbenzothiazoline-6-sulphonic acid). The content of total polyphenol was measured using Folin-Ciocalteu reagent, whereas aluminum chloride colorimetric method was used for the content of total flavonoid. Moreover, the factors related to lipid profile and the protein expressions such as 𝛽-oxidation and anti-oxidant enzyme were analyzed using serum and western blotting of 3T3-L1 cells. Additionally, we examined lipolysis through glycerol appearance in mouse adipose tissue. Results TST treatment showed strong free radical scavenging activities with half maximal inhibitory concentration and the presence of a amount of total polyphenol and total flavonoid. TST treatment significantly increased factors related to 𝛽-oxidation such as carnitine palmitoyl transferase-1 and uncoupling protein 2 via the phosphorlyation of liver kinase B1 (LKB1) and AMP-activated protein kinase (AMPK). Moreover, the protein expressions of anti-oxidant enzyme and lipolysis were significantly elevated by TST administration. In addition, TST supplementation lowered serum malondialdehyde, triglyceride, and total cholesterol levels compared with the control group. Taken together, these data suggest that TST treatment regulated lipid parameters via the increase of 𝛽-oxidation by LKB1-AMPK signaling pathway. Conclusions TST may have a potential remedy in the prevention and treatment of obesity. Therefore, this study may provide the scientific basis for TST use.

• Cross-Cultural Studies
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• v.45
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• pp.349-380
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• 2016

In this article we tried to discover the predilection of the Goncourt brothers for the noble culture of the eighteenth century. It is well known that two brothers sought to bring forth the aristocratic world formerly reigned by Louis XV and Louis XVI. The favorite themes of the Goncourts included rococo, rocaille, Kings' mistresses, and antiques. Were the brothers fascinated by the culture of the eighteenth century only because they were themselves in the lineage of an aristocratic family? Are there any other reasons behind their predilection for the eighteenth century? This research started from these questions, because we believe that, in their preoccupation with such culture, there must be other reasons beyond their aesthetic predilection. We first studied ideological grounds to answer these questions. Our attention was particularly drawn to the relationship between their attachment to aristocratic culture and their rejection of bourgeois culture in their time. We then attempted to discern the meaning of their studies on the French Revolution, in the wake of the revolution of 1848. By means of this approach, we found that they overestimated the vibrant and energetic culture of the eighteenth century, and they wanted to propose such culture to their contemporaries, in an effort to forget the terrible memory of the year 1848. We can therefore say that the Goncourt brothers proposed a remedy for the psychological torment of their time.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.20 no.8
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• pp.662-673
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• 2019

This paper investigates the most recent status of multi-GNSS, including technical features, types of ranging signals provided, and satellite constellation. Furthermore, a series of multi-GNSS positioning experiments in SPP mode were carried out to assess the achievable accuracy and continuity with an application to various positioning scenarios. A week of GNSS measurements each in 2018 and 2019 was acquired from the national geographical information institute and processed. The results show that a single GNSS-based scenario often encounters positioning blockage in the harsh operational environment, while multi-constellation cases are able to remedy this situation. The accuracy of multi-GNSS with a combination of GPS and Galileo is superior to that of other GNSS compositions due to the larger SISRE (Signal In Space Ranging Errors) of GLONASS and Beidou. Due to the different characteristics of GNSS SISRE, an issue has been raised to optimally integrate satellite measurements to maximize accuracy of multi-GNSS positioning.

• Molecules and Cells
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• v.42 no.9
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• pp.672-685
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• 2019

Currently, liver transplantation is the only available remedy for patients with end-stage liver disease. Conservation of transplanted liver graft is the most important issue as it directly related to patient survival. Carbonyl reductase 1 (CBR1) protects cells against oxidative stress and cell death by inactivating cellular membrane-derived lipid aldehydes. Ischemia-reperfusion (I/R) injury during living-donor liver transplantation is known to form reactive oxygen species. Thus, the objective of this study was to investigate whether CBR1 transcription might be increased during liver I/R injury and whether such increase might protect liver against I/R injury. Our results revealed that transcription factor Nrf2 could induce CBR1 transcription in liver of mice during I/R. Pre-treatment with sulforaphane, an activator of Nrf2, increased CBR1 expression, decreased liver enzymes such as aspartate aminotransferase and alanine transaminase, and reduced I/R-related pathological changes. Using oxygen-glucose deprivation and recovery model of human normal liver cell line, it was found that oxidative stress markers and lipid peroxidation products were significantly lowered in cells overexpressing CBR1. Conversely, CBR1 knockdown cells expressed elevated levels of oxidative stress proteins compared to the parental cell line. We also observed that Nrf2 and CBR1 were overexpressed during liver transplantation in clinical samples. These results suggest that CBR1 expression during liver I/R injury is regulated by transcription factor Nrf2. In addition, CBR1 can reduce free radicals and prevent lipid peroxidation. Taken together, CBR1 induction might be a therapeutic strategy for relieving liver I/R injury during liver transplantation.

• Journal of Life Science
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• v.29 no.10
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• pp.1152-1158
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• 2019

Rudbeckia laciniata var. hortensis Bailey is used in home remedy for colic and gastritis in South Korea. Although Rudbeckia laciniata var. hortensis Bailey is used extensively for home remedies, no single study on its efficacy exists. In this study, we investigated the anti-obesity effects of Rudbeckia laciniata var. hortensis Bailey. The anti-obesity effect of a 70% ethanol extract from Rudbeckia laciniata var. hortensis Bailey on the differentiation of 3T3-L1 pre-adipocytes to adipocytes was investigated with an Oil Red O assay, western blot analysis, and mRNA analysis. Compared to the control (only treated with DM), the 70% ethanol extract of Rudbeckia laciniata var. hortensis Bailey significantly inhibited adipocyte differentiation and intracellular triglyceride (TG) levels at a concentration of $100{\mu}g/ml$. To determine how the TG content was reduced, we measured the level of protein and mRNA expression of obesityrelated agents, such as peroxisome proliferators-activated receptor ${\gamma}$ ($PPAR{\gamma}$), CCAAT/enhancer- binding protein ${\alpha}$ ($C/EBP{\alpha}$), AMP-activated protein kinase (AMPK) phosphorylation, LPL, and FAS. As a result, the 70% ethanol extract of Rudbeckia laciniata var. hortensis Bailey significantly increased the expression of AMPK and decreased the expression of genes related to adipogenesis and fat storage, such as $PPAR{\gamma}$, $C/EBP{\alpha}$, LPL, and FAS.

• Journal of the Korea Convergence Society
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• v.10 no.9
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• pp.301-309
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• 2019

This research's purpose is figuring out the influencing factor on nail salon visitors recommendation intention. For this research, survey data of 305 men and women in their 10s to 50s were gathered in the area. Gathering the surveys, 170 people who did not have insincere response and problematic toenails were excluded. The rest 135 was used for the study. After analyzing the outcome (F=5.588, p<.01), from problematic toenails in the ingrown toenails there was a statistical significant difference. In foot care and location, the difference effectiveness is care/home remedy/pharmacy.(F=4.319, p<.01). Looking at recommendation intention for problematic toenails at the nail salon (F=15.152, p<.01). In addition, is it possible for the nail salon to improve as well as to prevent problematic toenails, can the nail salon care for problematic toenails, foot care behavior, intention of visiting nail salon on recognition of professionalism influences on nail salon recommendation intention by statically appeared to be significant (F=16.847, p<.001). Therefore, this research recognizes and raises the nail salon visitors quality on problematic toenails. Following problematic toenails type, we can further extend to improve as well as to prevent judging from the given data.

• Herbal Formula Science
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• v.27 no.1
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• pp.17-29
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• 2019

Inflammatory and oxidative stimuli play a critical role not only in the process of transforming normal cells into cancer cells, but also in the proliferation process of cancer cells. Sipyukmiryukieum (SYMRKU), a traditional Korean herb-combined remedy, is composed of 16 kinds of herbal medicines, which were recorded for "Ongjeo" treatment in "Dongeuibogam". In this study, we investigated the inhibitory effect of SYMRKU against inflammatory and oxidative responses in lipopolysaccharide (LPS)-stimulated RAW 264.7 macrophages. Our results showed that SYMRKU significantly inhibited LPS-induced secretion of pro-inflammatory mediators including nitric oxide (NO) and prostaglandin $E_2$ without showing any significant cytotoxicity. Consistent with these results, SYMRKU down-regulated LPS-induced expression of their regulatory enzymes such as inducible NO synthase and cyclooxygenase-2. SYMRKU also inhibited LPS-induced production and expression of pro-inflammatory cytokines such as tumor necrosis factor-${\alpha}$, interleukin (IL)-$1{\beta}$ and IL-6. In addition, SYMRKU significantly reduced the production of reactive oxygen species by LPS and showed a strong, which was associated with induction of nuclear factor erythroid 2-related factor 2 and heme oxygenase-1 expression. Although further studies are needed to fully understand the anti-inflammatory effects associated with the antioxidant capacity of SYMRKU, the findings of the current study suggest that SYMRKU may have potential benefits by inhibiting the onset and/or treatment of inflammatory and/or oxidative diseases.