• Title/Summary/Keyword: Strict compliance

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A Study on the Interpretation & Application of Documentary Cure and Estoppel Doctrine in Letter of Credit Transaction based on the Banco General Ruminahui v. Citibank International Case (신용장(信用狀) 거래관습(去來慣習)에 있어 서류치유원리(書類治癒原理)와 금반언법리(禁反言法理)의 적용방식(適用方式) : Banco General Ruminahui v. Citibank International 판례평석)

  • Kim, Ki-Sun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.515-536
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    • 2000
  • This study analyzes the U.S. case law which challenges the legal conclusions of the district court with respect to the applicability, and effect, of the doctrine of waiver and estoppel in addition to the doctrine of documentary cure. The impliations are as follows. First, the documentary cure requirement can not be interpreted to mean early enough to allow the beneficiary to cure and represent the documents before the presentment deadline or expiry date of letter of credit. The mere fact that the presentment period expired before the completion of bank's review and notification process does not compel any conclusion about whether the examiner spent a reasonable amount of time examining the documents. Indeed, the reasonable time requirement does not imply that banks examine a presentation out of order or hurry a decision based upon particular needs or desires of a beneficiary. Secondly, even if the doctrine of waiver can apply to letter of credit governed by the strict compliance standard, a one-time acceptance of discrepant documents by a bank does not waive the bank's right to insist upon conforming documents in all subsequent letter of credit transactions between the bank and beneficiary. Revised UCC Article 5 is highly persuasive on this point: waiver of discrepancies by issuer or an applicant in one or more presentation does not waive similar discrepancies in a future presentation. Neither the issuer nor the beneficiary can reasonably rely upon honor over past waivers as a basis for concluding that a future defective presentation will justify honor.

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An optimization framework to tackle challenging cargo accommodation tasks in space engineering

  • Fasano, Giorgio;Gastaldi, Cristina;Piras, Annamaria;Saia, Dario
    • Advances in aircraft and spacecraft science
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    • v.1 no.2
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    • pp.197-218
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    • 2014
  • Quite a demanding task frequently arises in space engineering, when dealing with the cargo accommodation of modules and vehicles. The objective of this effort usually aims at maximizing the loaded cargo, or, at least, at meeting the logistic requirements posed by the space agencies. Complex accommodation rules are supposed to be taken into account, in compliance with strict balancing conditions and very tight operational restrictions. The context of the International Space Station (ISS) has paved the way for a relevant research and development activity, providing the company with a remarkable expertise in the field. CAST (Cargo Accommodation Support Tool) is a dedicated in-house software package (funded by the European Space Agency, ESA, and achieved by Thales Alenia Space), to carry out the whole loading of the Automated Transfer Vehicle (ATV). An ad hoc version, tailored to the Columbus (ISS attached laboratory) on-board stowage issue, has been further implemented and is to be used from now on. This article surveys the overall approach followed, highlighting the advantages of the methodology put forward, both in terms of solution quality and time saving, through an overview of the outcomes obtained to date. Insights on possible extensions to further space applications, especially in the perspective of the paramount challenges of the near future, are, in addition, presented.

Studies on the Hand Hygiene Practices of Food-Service Businesses Workers: A Comparison of Full-time and Part-time Workers (외식업소 종사자의 손 위생관리에 관한 연구)

  • Kim, Jong-Gyu;Park, Jeong-Yeong;Kim, Joong-Soon
    • Journal of Environmental Health Sciences
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    • v.39 no.1
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    • pp.71-82
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    • 2013
  • Objectives: This study was performed in order to investigate hand hygiene practices among food-service businesses employees based on the awareness of hand-washing and load of indicator bacteria on their hands. It focused on the comparison of full-time and part-time workers in food-service workplaces. Methods: A direct-interview questionnaire survey and microbiological analysis were carried out with sixty workers each. Samples for microbiological analysis were collected through a modified glove-juice method from the hands of the food-service workers and were analyzed for aerobic plate count, total coliform, fecal coliform, Escherichia coli, Staphylococcus aureus, and Salmonella spp. Microbiological analysis was done according to the Food Code of Korea. Results: Significant differences (p<0.01) were found in the survey between the full-time and part-time workers in hand-washing frequency, use of hand-washing agents, and hand-drying methods. More full-time workers responded to washing their hands after preparing food, after visiting outside, after handling raw materials, and before putting on gloves/when changing gloves than did part-time workers (p<0.05). No remarkable difference was found in bacterial load on the hands except in the aerobic plate count between the two groups. The detection of E. coli, S. aureus, and Salmonella spp. on the hands of some food-service workers in both groups revealed poor hand hygiene practices. Conclusions: The results of this study indicate that there is a need for training programs in order to improve hand hygiene practices and strict hand hygiene compliance by food-service workers.

General Anesthesia for Dental Treatment in the Child with Aplastic Anemia (재생불량성 빈혈 환아의 전신마취 하 치과치료)

  • Lee, Mi-Yeon;Shin, Teo-Jeon;Hyun, Hong-Keun;Kim, Young-Jae;Kim, Jung-Wook;Jang, Ki-Taek;Kim, Chong-Chul;Lee, Sang-Hoon
    • Journal of The Korean Dental Society of Anesthesiology
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    • v.13 no.4
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    • pp.203-207
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    • 2013
  • Aplastic anemia (AA) is a serious hematologic disease characterized by hypocellular bone marrow and deficient production of erythrocytes, granulocytes and platelets. Serious complications such as uncontrolled bleeding and bacteremia can occur. A case of severe AA are presented with dental considerations. A 4-year-old boy had been referred from Seoul National University Hospital for dental examination before the hematopoietic stem cell transplantation (HSCT). Treatments were planned under general anesthesia, due to the poor compliance. Following medical consult, dental treatments were performed after platelet transfusion and antibiotic prophylaxis. Postoperatively, neither significant bleeding nor complictation was observed. On the time of the treatment planning. the anesthesiologist and dentist should perform a complete hematological assessment. It is imperative not only platelet counts but also other leukocyte counts are under safe boundaries. It is mandatory to follow strict aseptic precautios for all anesthetic and surgical maneuvers. In severe thrombocytopenic patients, platelet transfusion should be considered. Also, it is recommended to establish a good oral hygiene.

The Influence of IS Technology and Communication Uncertainty on IS Voice Behavior: The Role of Susceptibility to Informational Influence of Employee (정보보안 기술 및 커뮤니케이션 불확실성이 제언 행동에 미치는 영향: 개인의 정보 영향 민감성의 역할)

  • In-Ho Hwang
    • The Journal of the Korea institute of electronic communication sciences
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    • v.18 no.1
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    • pp.165-175
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    • 2023
  • As the reduction of information exposure threats by organization insiders contributes to achieving information security(IS) goals, organizations are establishing strict IS policies applicable to insiders and increasing investment in IS systems. However, since IS incidents cause damage to an organization even by malicious information exposure by one person, psychological support for strengthening IS compliance behavior by insiders. This study aims to confirm how the uncertain organizational environment related to IS affects individual IS-related behavior. We surveyed insiders of organizations operating IS policies and tested the hypothesis using 440 samples. As a result, IS technology and communication uncertainty reduced IS voice behavior through IS prospective anxiety, and individuals' susceptibility to information influence moderated the relationship between IS technology, communication, and prospective anxiety and IS voice behavior. Our results suggest the necessity and direction of supplementing the uncertain IS environment in practice.

Clinical and Bacteriologic Characteristics of Retreated Tuberculosis Patients (재치료 폐결핵환자의 임상적 세균학적 특성)

  • Oh, Seoung-Joon;Yoon, Ki-Heon;Yoo, Jee-Hong;Kang, Hong-Mo
    • Tuberculosis and Respiratory Diseases
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    • v.42 no.1
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    • pp.19-24
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    • 1995
  • Background: Although pulmonary tuberculosis is effectively controlled with 6 months or 9 months short course standard regimens, comparable numbers of treatment failures ensued because of inadequate treatment mainly due to patient's poor compliance. Indequate treatment with standard regimens during initial treatment may cause emergence of drug resistance and prolong the duration of chemotherapy. Also it may make the patient lesser compliant and finally increase the morbidity and the mortality. Methods: A clinical study was done to evaluate clinical and bacteriological characteristics of 94 patients who were retreated for pulmonary tuberculosis. Results: 1) 62 of the 94 patients were male and 32 patients were female. Mean age is 51 years old in male and 45 years old in female. 2) The extent of the disease on the chest radiograph was minimal in 10(11.1%) patients, moderate in 31(33.3%) patients, and far advanced in 52(55.6%) patients. 3) On sputum bacteriologic examination, 73(77.7%) patients were positive in sputum AFB smear and/or culture for Mycobacterium tuberculosis. 4) Results of drug sensitivity test performed in 42 patients showed that the resistance to one drug is in 9(20.5%) patients, two drugs in 18(40.8%) patients, and more than three drugs in 14(31.8%) patients. 5) Poor patient's compliance was the leading cause of the retreatment of pulmonary tuberculosis(43.6%) 6) Only 24(25.5%) patients of the 94 retreatment patients were successfully treated and 39(41.6%) patients were dropped out during follow-up. Conclusion: We concluded that poor patient's compliance was the most important cause of treatment failure not only in primary treatment patients but also in retreatment patients. Primary treatment of pulmonary tuberculosis should be completed under strict monitoring of the patient because significant number of retreatment patients had multiple drug resistance and poor outcome.

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A Study on the Measurement Method for Benthic Nutrient Flux in Freshwater Sediments (담수 퇴적물의 영양염 용출 측정 방법에 관한 고찰)

  • Kim, Kyung Hee;Kim, Sung-Han;Jin, Dal Rae;Huh, In Ae;Hyun, Jung-Ho
    • Journal of Korean Society of Environmental Engineers
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    • v.39 no.5
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    • pp.288-302
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    • 2017
  • Accurate measurement of benthic nutrient fluxes (BNF) is a prerequisite for evaluating the effect of sediments on nutrient cycle in the surface water. The intact sediment cores were collected in July 2015 at the midstream of Nakdong River. We identified pre-incubation time (6, 12, 24 hr), dissolved oxygen concentration (90, 70, 50% saturation), diffusive boundary layer thickness (0, 0.6-0.8, 1.2-1.4 mm), and incubation temperature (10, 17, 20, $25^{\circ}C$) as the most important control factors, and measured the BNF fluctuation with the variation of these factors using the laboratory sediment core incubation method. Since the chemical composition, redox condition, hydrodynamic regimes and microbial activities at the sediment-water interface were changed as a result of the alteration of control factors, sediment core incubation should be conducted under as close to the natural conditions of study site as possible, in order to produce the results similar to actual values. Relative percentage differences between two replicates were below 20% in most control factors, which showed satisfactory precision for strict compliance with the experimental conditions and procedures. In the further studies, we will compare the results of core incubation with those of in situ measurements to confirm the accuracy of the sediment core incubation method.

Gait Analysis After Posterior Cruciate Ligament Reconstruction Using Fresh-Frozen Achilles Allograft (신선 동결 아킬레스 동종건을 이용한 후방십자인대 재건술 후 보행분석)

  • Chun, Churl-Hong;Cho, Jae-Deuk;Chun, Keun-Churl
    • Journal of Korean Orthopaedic Sports Medicine
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    • v.8 no.2
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    • pp.76-82
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    • 2009
  • Purpose: The purpose of this study was to analyze the clinical result and the gait patterns for patients who had undergone the arthroscopic posterior cruciate ligament (PCL) reconstruction using Achilles allograft. Materials and Methods: Among the patient who had undergone the arthroscopic PCL reconstruction using fresh-frozen Achilles allograft between March 2004 to March 2005, we selected 12 patients who compliance to our rehabilitation program. Clinical result and gait analysis were carried out at 36 months postoperatively. There were measured by using range of motion (ROM), Lysholm knee score, Tegner activity score, IKDC score, posterior stress test, and posterior translation measured by using Telos stress arthrometer. Kinematic gait analysis was carried out using 3-dimensional gait analysis system. Results: The PCL reconstruction surgery yielded statistacally significant results in all of clinical evaluation. In gait analysis, the average knee flexion angle increased during stance phase and decreased during the swing phase, but was not statistically significant and there were no significant difference between both sides of their knees overall. Conclusion: Since there was no statistically significant difference between the injured and uninjured sides as a result of the gait evaluation of the patients who had arthroscopic reconstruction surgery on their PCL injured knee and conformed to the rehabilitation program, systemic and strict rehabilitation ought to be important in the reconstruction surgery.

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A Research on Management System of Herbal Medicine in Common Use for Food and Medicine (식약공용 한약재의 관리 방안에 관한 연구)

  • Kweon, Kee-Tae
    • The Korea Journal of Herbology
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    • v.27 no.2
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    • pp.25-29
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    • 2012
  • Objectives : This article reviews a solution preventing the illegal distribution of herbal medicine in common use for food and medicine and risks on public health by conducting safety management of food and medicine. Also, this article would like to contribute to improvement of public health treating diseases in compliance with accurate diagnosis and prescription of Oriental Medicine Doctor("OMD")'s. Methods : An approach in this research can be categorized into two : first, to examine the current administrative situation and problems of herbal medicine in common use for food and medicine based on policy documents of Ministry of Health and Welfare and Korea Food and Drug Adminstration("KFDA") and academic articles of the herbal medicine;second, to find reasonable administrative solutions to solve the problems. Solutions : A solution is to strengthen the management level of herbal medicine in common use for food and medicine by selecting 117 items as target items requiring concentrated management. In case herbal medicine is imported for food, KFDA strengthens the quality management level of herbal medicine by making use of inspection frequency at random, collecting and verifying herbal medicine on the market. However, KFDA decides to maintain current different quality specification system of food and medicine reflecting a civil complaint that quality specification of food and medicine should separately managed according to the purpose of use. Herbal medicine as medicine that is functioned as treating diseases and alleviating symptoms, unlike herbal medicine for food, can cure all kinds of diseases by recovering inner balance of human body, making use of other properties of herbal medicine. Medicine has its own properties. If a doctor uses properties of medicine appropriately, he cures diseases. If a doctor uses herbal medicine inappropriately. he may damage human body. Thus, whether side effects of medicine depend on a doctor who uses herbal medicine. Conclusions : All herbal medicine will be supplied into the market after strict safety control of manufacturers of herbal medicine according to the revised Pharmaceutical Affairs Act, beginning in April, 2012. Thus, people can take safer and more reliable herbal medicine through strengthening safety management of herbal medicine and improving quality and transparency in the distribution system. Herbal medicine should appropriately be prescribed by licensed OMD because herbal medicine is used to treat diseases and alleviate symptoms, unlike herbal medicine for food.

Relations between class distracting factors and class satisfaction of dental technology students (치기공과 학생의 수업 방해 요인과 수업 만족도와의 관계)

  • Kwon, Soon-Suk;Lee, Hye-Eun
    • Journal of Technologic Dentistry
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    • v.39 no.4
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    • pp.263-273
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    • 2017
  • Purpose: This study aimed to explore the relations between class distracting factors and class satisfaction of the dental technology students and then provide a primary data to help further related studies and develop educational programs with which instructors can efficiently manage their classroom. Methods: For this study we have conducted a survey started from the beginning of May 2017 to the end of June. The subjects of the survey were Dental Technology students of D-city, K-city, W-city, selected by random sampling method. The questionnaire was self-administrated and 437 valid results were chosen for our analysis among 450 distributed questionnaires. Results: The results of the research was as follows. Firstly, The overall average point of class distracting factors was 2.5 point. The environmental factors were the highest point as 2.59 and as for the subcategories tiredness and drowsiness was the highest point as 2.76. Secondly, The overall average point of class satisfaction turned out 3,88 point and compliance with class and attitude factors gained the highest point as 4.06. Of the subcategories strict roll checking was the highest point as 4.17. Thirdly, As for class distracting factors from general characteristics a statistical significance was shown as follows; 'instructor factor'(p<.01), 'learner factor'(p<.05), 'total class distracting factor'(p<.05) in the area of gender, 'environmental factor'(p<.001), 'total class distracting factor'(p<.01), 'learner factor'(p<.05), 'instructor factor'(p<.05) in the area of gender 'learner factor'(p<.001), 'instructor factor'(p<.001), 'environmental factor'(p<.001), 'total class distracting factor'(p<.01) in the area of class grade, 'environmental factor'(p<.05) in GPA. Fourthly, A statistical significance, a negative correlation (p<.01) were shown between class distracting factors and class satisfaction. Class distracting factor that especially affects the class satisfaction was instructor factor(p<.001) and the explanatory power of the model turned out 14.7%, which was statistically meaningful (p<.001). Conclusion : Results of this study reveal that instructor factor is the key to class satisfaction of the students. So it is crucial that the instructor faithfully prepare for the class to reinforce the students' learning. Additionally further studies should be followed with more subjects and newer perspectives to develop innovative teaching methodology.