• Title/Summary/Keyword: Risk Excluded

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Problems on Validity of the Goods Conformity Clauses in FOB Contracts (FOB 계약(契約)에서 물품적합성조항(物品適合性條項)의 유효성(有效性) 문제(問題) -The Mercini Lady 사건(事件)을 중심으로-)

  • Choi, Myung Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.58
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    • pp.35-58
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    • 2013
  • In Mash & Murrell, Diplock J said that "there is an implied warranty not merely that they shall be merchantable at the time they are put on the vessel, but that they shall be in such a state that they can endure the normal journey and be in a merchantable condition upon arrival." But in The Mercini Lady, Field J said that "the goods would be of satisfactory quality not only when the goods were delivered on to the vessel but also for a reasonable time thereafter." and "The proposed conditions were not excluded by clause 18. ${\cdots}$ clause 18 was not to be construed as extending to conditions ${\cdots}$". In relation to the problems on validity of the goods conformity clauses in FOB contracts, when considering Lord Wright's comments ("${\cdots}$ hence apt and precise words must be used to exclude it: the words guarantee or warranty are not sufficiently clear.") in Cammell Laird & Co Ltd v Manganese Bronze and Brass, FOB contracts are fundamentally one that seller's duty to deliver the goods is completing at the port of shipment and "principle of party autonomy" in Contract Law, I do not think that the terms implied by section 14 of the SGA and Common Law cannot absolutely excluded by the goods conformity clauses in sale contracts. Therefore, in order to exclude the implied terms, the parties must very clearly spell out this in the relevant clauses.

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Review of the Latest Oriental and Traditional Clinical Articles and Protocol about Male Sexual Dysfunction (남성 성기능장애 관련 한의학 및 전통의학 임상 연구 동향 분석과 프로토콜 분석)

  • Park, Dong-Su;Park, Sun Young;Shin, Seon Mi
    • Journal of Physiology & Pathology in Korean Medicine
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    • v.27 no.5
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    • pp.530-539
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    • 2013
  • This study reviews the latest articles about oriental and traditional medicine treatment of male sexual dysfunction. We searched the article from 2000 to 2012 using 5 data bases. There were no restrictions on the type of publication, but articles not available in full text were excluded. The methological quality of RCT study was assessed according to Jadad scores and Cochrane's assessment of risk of bias. 18 articles were included in this study. 5 articles published in Korea, the rest were foreign articles. 9 articles were randomized controlled trial(RCT), Case-control studies were 3, case reports were 3, One group pre-post test were 3. In RCT studies, Jadad scores were generally low, and risk of selection bias and performance bias were generally high, risk of detection bias was unclear. Oriental and traditional medicine treatment is as effective as western medicine treatment for male sexual dysfunction, more rigorous oriental medicine treatment studies should be warranted.

Acupuncture Trials for Peripheral Facial Palsy in Republic of Korea: A Systematic Review (국내 말초성 안면마비의 침 임상시험에 대한 체계적 고찰)

  • Lee, Cham Kyul
    • Journal of Acupuncture Research
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    • v.30 no.3
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    • pp.51-59
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    • 2013
  • Objectives : This study was designed to evaluate clinical evidence of acupuncture treatment for peripheral facial palsy in South Korea. Methods : All process was independently proceeded by two investigators. Literature search was performed in 9 databases from their inception to February 2013. Searched reports was twice excluded for title, abstract and body. And then, data extract and analysis was done before assessing risk of bias by Cochrane Handbook. Results : 10 randomized controlled trials(RCT) were finally included. 4 RCT handled postauricular pain with facial palsy. All articles at least used in combination with two treatments. Interventions like pharmacopuncture, electroacupuncture, scalp acupuncture etcetera were conducted as treatment to evaluate efficacy, and some study reported advantageous effects of treatment group compared to baseline or control group. Adverse events didn't referd to in any studies. In assessing risk of bias, indefinite and uncertain information made all included trials to have a high risk of bias. Conclusions : Because of methodological deficit, there is no sufficient evidence to allow any conclusion about the efficacy of acupuncture for peripheral facial palsy. Therefore, well designed trials with high quality is needed from now on.

The Effects of Lowering the Statutory Maximum Interest Rate on Non-bank Credit Loans

  • KIM, MEEROO
    • KDI Journal of Economic Policy
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    • v.44 no.3
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    • pp.1-26
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    • 2022
  • This paper analyzes the effects of the cut in the legal maximum interest rate (from 27.4% to 24%) that occurred in February of 2018 on loan interest rates, the default rates, and the loan approval rate of borrowers in the non-banking sector. We use the difference-in-difference identification strategy to estimate the effect of the cut in the legal maximum interest rate using micro-level data from a major credit-rating company. The legal maximum rate cut significantly lowers the loan interest rate and default rate of low-credit borrowers (i.e., high-credit-risk borrowers) in the non-banking sector. However, this effect is limited to borrowers who have not been excluded from the market despite the legal maximum interest rate cut. The loan approval rate of low-credit borrowers decreased significantly after the legal maximum interest rate cut. Meanwhile, the loan approval rate of high-credit and medium-credit (i.e., low credit risk and medium credit risk) borrowers increased. This implies that financial institutions in the non-banking sector should reduce the loan supply to low-credit borrowers who are no longer profitable while increasing the loan supply to high- and medium-credit borrowers.

Relationship between White Matter Changes and Cognitive Dysfunction in the Elderly with Subjective Memory Complaint (주관적 기억감퇴를 가진 노인에서 백질 변화와 인지기능 장애의 관련성)

  • Shin, Eun-Young;Jung, Han-Yong;Kim, Yang-Rae;Lee, So-Young-Irene;Kim, Shin-Gyeom
    • Korean Journal of Biological Psychiatry
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    • v.18 no.3
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    • pp.141-147
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    • 2011
  • Objectives The purpose of this study is to evaluate the relationship between the severity of white matter changes (WMC), risk factors and cognitive domains, including executive function profiles. Method Forty nine subjects over 55 years with subjective memory complaints were assessed with MRI and neuropsychological tests. The WMC were assessed by MRI T2-FLAIR images and divided into 3 groups of mild vs. moderate vs. severe and 2 groups of mild-moderate vs. severe by using Mantyla's criteria and Fazeka's criteria. The risk factors were examined in hypertension, heart disease history and chemistry Lab. Medical conditions which affect to cognitive dysfunction and definite dementia were also excluded. Results Comparing 3 groups, hypertension was identified as a risk factor of the WMC. Comparing 2 groups, total cholesterol and LDL were identified for as the risk factor of WMC. The severity of WMC was significantly associated with cognitive disturbances and their main effect on cognition was working memory and inhibition. Conclusion The risk factors of the WMC in the elderly were hypertension, hyperlipidemia. The severity of WMC appears to be associated with executive dysfunction in the elderly.

Analysis of Radiofrequency Ablation of Small Renal Tumors in Patients at High Anesthetic and Surgical Risk: Urologist Experience with Follow-up Results in the Initial Six Months

  • Yuksel, Mehmet Bilgehan;Karakose, Ayhan;Gumus, Bilal;Tarhan, Serdar;Atesci, Yusuf Ziya;Akan, Zafer
    • Asian Pacific Journal of Cancer Prevention
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    • v.14 no.11
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    • pp.6637-6641
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    • 2013
  • Background: To evaluate the results of various types of radiofrequency ablation (RFA) treatment of renal tumors in patients with excessive anesthetic and surgical risk. Materials and Methods: Data for RFA performed in in high risk patients were retrospectively evaluated. Other RFA applications in patients with no anesthetic and/or surgical risk were excluded. RFA was by ultrasound or CT guided percutaneous (USG/CT-PRFA) and retroperitoneally or transperitoneally laparoscopic (R/T-LRFA) techniques under general or local anethesia. Follow-up data of enhanced CT or MRI after 1, 3 and 6 months were analysed for twelve RFA applications. Results: The RFA applications included 4 (40%) left-sided, 5 (50%) right-sided and 1 (10%) bilaterally RFA (simultaneously 1 right and 2 left). The localizations of tumors were 2 (16.6%) upper, 5 (41.6%) mid and 5 (41.6%) lower pole. The RFA applications included 9 (75%) USG-PRFA, 1 (8.3%) CT-PRFA, 1 (8.3%) T-LRFA and 1 (8.3%) R-LRFA. The mean age was $65.3{\pm}8.5$ (52-76) years. The mean tumor size was $29.6{\pm}6.08$ (15-40) mm. No complications related to the RFA were encountered in any of the cases. Failure (residual tumour) was determined in 8.3% (1/12) of USG-RFA application. The success rate was thus 91.7% (11/12). Other 1st, 3rd and 6th months follow-up data revealed no residua and recurrence. Conclusions: RFA application appears to be safe as a less invasive and effective treatment modality in selected cases of small renal tumors in individuals with excessive anesthetic and also surgical risk.

Drug Use Evaluation of Clostridium difficile Infection in Elderly Patients and Risk Factors of Non-improving Group (노인층에서 Clostridium difficile 감염 약물사용평가 및 비호전군에 대한 영향인자)

  • Noh, Hyun Jeong;Ham, Jung Yeon;Lee, Ja Gyun;Rhie, Sandy Jeong
    • Korean Journal of Clinical Pharmacy
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    • v.28 no.3
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    • pp.174-180
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    • 2018
  • Objective: Clostridium difficile Infection (CDI) is one of the common nosocomial infections. As elderly population increases, the proper treatment has been emphasized. We investigated the risk factors associated with CDI unimprovement in elderly patients. Furthermore, we performed drug use evaluation of old CDI patients and oldest-old CDI patients. Methods: It was a retrospective study using electronic medical record at Kangbuk Samsung Medical Center (KBSMC) from January 2016 to December 2017. Seventy three patients aged 65 years or older, diagnosed with CDI by Clostridium difficile Toxin B Gene [Xpert] were screened and they were assessed for risk factors regarding unimprovement status. We also evaluated drug use evaluation in old patients ($65{\leq}age$<80) and oldest-old patients ($80{\leq}age$) by assessing the use of initial therapy, severity, dose, route, treatment course, days of use, total days of use and treatment outcome of initial therapy. Results: Out of 73 patients aged over 65 years, four patients were excluded because they did not receive any treatment. There were 31 improved patients and 38 unimproved patients after initial therapy. We were able to find out patients with surgical comorbidity or endocrine comorbidity (especially, diabetes mellitus) had 2.885 more risk of becoming unimproved than those patients without surgical comorbidity or endocrine comorbidity. Drug use evaluation for CDI was generally fair, but vancomycin as initial therapy is more recommended than metronidazole. Conclusion: Although age, antibiotics exposure, use of antacids are all important risk factors for CDI, our result did not show statistical significance for these risk factors. However, the study is meaningful because the number of elderly population keeps increasing and recently updated guideline suggests the use of vancomycin as drug of choice for CDI.

A Study on Analysis of Personal Information Risk Using Importance-Performance Analysis (IPA를 이용한 개인정보 위험도 분석 연구)

  • Jeong, Su-Jin;Kim, In-Seok
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.15 no.6
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    • pp.267-273
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    • 2015
  • For newly incoming technologies owing to the advancements in information and communications technology, the new form of information occurs due to the combination form of personal information. In turn, personal information which is combination with existing personal information is on the increase. It is difficult to equalize the method in order to analysis the degree of risk for personal information because it is qualitative method which is defined on the current Personal Information Protection Law. This dissertation presents the model to assess the degree of risk by using the IPA(Importance-Performance Analysis) after measuring the importance and the weighted value for the personal information based on the existing the method of risk assessment. Through the model suggested in this dissertation, the subjective judgement can be excluded, the combination of personal information can be assessed and the standard criteria which is used as the objective indicators from the quantitative degree of risk can be suggested.

Awareness of Adverse Drug Reaction Reporting System in General Population (일반인에서의 의약품 부작용보고제도 인식도)

  • Ahn, So Hyeon;Chung, Sooyoun;Jung, Sun-Young;Shin, Ju-Young;Park, Byung-Joo
    • Health Policy and Management
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    • v.24 no.2
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    • pp.164-171
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    • 2014
  • Background: Safety of drugs has become a major issue in public healthcare. Spontaneous reporting of adverse drug reaction (ADR) is the cornerstone in management of drug safety. We aimed to investigate the awareness and knowledge of spontaneous ADR reporting in general public of Korea. Methods: A total of 1,500 study subjects aged 19-69 years were interviewed with a questionnaire for their awareness and knowledge related to spontaneous ADR reporting. Computer assisted telephone interview was performed from 27th February 2013 to 4th March 2013. Target population was selected with quota sampling, using age, sex, and residence area. Healthcare professionals such as physicians, pharmacists, and nurses were excluded. The survey questions included awareness of spontaneous ADR reporting, opinions on ways to activate ADR reporting, and sociodemographic characteristics. Results: Overall awareness of spontaneous ADR reporting system was 8.3% (${\pm}2.53%$) among general population of Korea. Major source from which people got the information regarding ADR reporting was television/radio (69.9%), followed by internet (19.3%), and poster/brochure (6.1%). Awareness level differed between age groups (p<0.0001) and education levels (p<0.0001). Upon learning about the ADR reporting system, 88.5% of study subjects agreed on the necessity of ADR reporting system, while 46.6% thought promotion through internet and mass media as an effective way to activate ADR reporting. Conclusion: The overall awareness of spontaneous ADR reporting should be enhanced in order to establish a firm national system for drug safety. Adequate promotions should be performed targeting lower awareness groups, as well as various publicity activities via effective channels for the general population.

Relative Risk Ratio of Residents Living Near the Municipal Solid Waste Landfill Site at Some Province in South Korea

  • Lee Jin-Heon;Choi Jin-Ha
    • Journal of Environmental Health Sciences
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    • v.32 no.3
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    • pp.240-248
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    • 2006
  • The purposes of this study were to investigate the symptoms, diseases and deaths of residents living near the municipal solid waste landfill site, and to compare the relative risk ratio of their adverse health effects with control group. In self-evaluation, the scores were especially severe lowest in residents of v2 and v3 villages(which were located about 500 m toward under the landfill site) such as 32.2 and 16.7 for village-environment, 24.8 and 16.0 for management of landfill site, and 23.5 and 16.5 for confidence of environmental policy, respectively. On symptoms, relative risk ratios were also highest as 3.53 and 3.55 for breathing difficulty, and 3.36 and 3.00 for respiratory symptom in v2 and v3 villages, respectively. On morbidity, they were slightly high as much as 1.39 and 1.24 in v5 and v2 villages, respectively. On mortality, relative risk ratios were $1.15{\sim}2.46$ in experimental villages. They were especially high as much as 2.46 in v3 village where located near under the landfill site, and also 2.14 in v5 village where located at area affected with the landfill site, but near the sea. The rate of cancer causing death was average 35.2% of total deaths. It was very highest as much as 61.1 % in v2 village, where was closely located near under the landfill site. Cancers causing death in this village were lung cancer(3 cases), larynx cancer(2 cases), stomach cancer(2 cases), pancreatic cancer(1 case), thryoid cancer(1 case), leukemia(1 case) and other(1 case). Our data, although based on limited number of cases and geographical coverage, suggest that residents living near landfill site have the increasing relative risks of various symptoms and mortality causing cancer. No causal mechanisms are available to explain these findings. But the possibility of a causal association between the increased adverse health effects and the municipal solid waste landfill site cannot be fully excluded.