• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.19
• /
• pp.33-66
• /
• 2003

This is a comparative and analytical study which comprises of the analysis of the rules of the buyer's remedies where the seller delivers defective goods of four legal systems; Directive, CISG, English law and Korean law. In light of threefold main purposes of this study, it firstly attempts to describe and analyze the remedy provisions of Directive in a comparative way in order to provide legal advice to the sellers who plans to enter into English consumer markets. It shows that the two tier remedial system under Directive is not much different from the other jurisdictions, except where the right of rescission under Directive is absolute in a sense that it does not require a certain degree of seriousness of defect. Secondly, the study compares the rules of one jurisdiction with those of other jurisdictions and evaluates the rules in light of the discipline of comparative law the basic question of which is whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. It proves the followings; (1) the reluctance and uncertainty in English law of ordering specific performance based on the discretionary power does not reflect the parties' preference because the order is either uncertain or rather negative where the purchase of substitute goods elsewhere is not a satisfactory solution in many cases; (2) the position in Korean law which has no limitation on the right to require substitute goods is likely unfair in commercial sales, but justified in consumer sales; (3) the right of termination or reduction under Directive which is subject to the applicability of the right to require repair or substitute goods seems to be contrary to the consumer's preference where the defective delivery destroys the basis of trust in the quality of the seller's performance; (4) the absolute right of termination under Directive and English law seems crucial in consumer sales because they are often inferior to commercial sellers in terms of information and bargaining power; (5) the right of reduction as a self-help remedy which is absent in English law emphasizes its usefulness. Thirdly, it finds that, where CISG is deemed to fail to unify different rules on the right to require specific performance between Civil and Common law, it is attempted once again in Directive and notwithstanding their hostility to awarding the right to require specific performance in English law, Regulations 2002 expressively stipulates such right.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.64
• /
• pp.39-64
• /
• 2014

The object of International License Contract is technology. Technology is means to produce visible goods, which are human's intellectual creations such as Intellectual Property Right - patent, design, trademark- and Know-how. Unlike visible goods which decrease as being used, these technologies are possible to be produced expansively and develop additionally. Therefore, the way to make a contract of goods is a sales contract which transfers ownership while technology follows license contract which gives approval of use for a certain period. International license contract means that licensor has right to possess, allows licensee to use licensed technology for a fixed period and takes royalty. So there are various matters such as selection of the duration of a contract, confirmation of technology range, competition limitation, technique guidance and support, calculation of royalty, withholding tax between parties. This study examines licensor's grant of license and competition limitation. Intellectual property rights fundamentally give exclusive rights to the creator so the licensor use or dispose of his or her intellectual property rights at will. Technology transfer is possible through license contract because of this right. But licensor must exercise his or her intellectual property rights within a reasonable limit. It means, when licensor makes an unreasonable demand abusing his or her position, it is regarded as competition limitation clause and the deal itself may become null. Therefore, restraint on competition needs to be examined in detail as it influences on contract validity. Each country has their own competition laws for establishing a fair market order and inspection guide and guideline for judging whether there is any unfair act related to intellectual property rights. Judgment on intellectual property rights is subject the technology-introduced country's domestic laws and thus, contracting parties each need to precede opposite nation's domestic laws system.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.69
• /
• pp.23-43
• /
• 2016

This study describes the exclusion of the seller's liability for defects in title under CISG and UCC. Through comparing two provisions, this article provides contracting parties with guidance regarding choosing governing laws and practical advice. CISG and UCC states not only the seller's liability for defects in title but also the exclusion respectively. Under two provisions, contracting parties who wish to avoid this liability may agree that the liability will not apply. Under UCC ${\S}$2-213(2), the seller's warranty can be disclaimed by specific language in the contract or by the circumstances surrounding the transaction. Although there is no express exclusion provision under CISG Article 41 and 42, Article 6 allows contracting parties to agree that they may exclude the application of the seller's liability. Both Article 42 under CISG and ${\S}$2-213(3) under UCC provide where the buyer furnishes specification to the seller. Under UCC ${\S}$2-213(3), it is the buyer's warranty to hold the seller harmless from any claims which arise from the seller complying with specification furnished by the buyer. But, under CISG Article 42, the seller's duty is excluded if the third party right or claim result from the fact that the seller has complied with specifications provided by the buyer. Therefore Article 42 does not charge the buyer with the duty, but rather limits the circumstances under which he could cause claims under Article 42. Interestingly, CISG has provisions which are absent from UCC. First, under Article 41, the seller escapes the liability if the buyer agree to take the goods subject to the third party right or claim. Second, under Article 42(2)(a), the seller is not liable if the buyer knew or could not have been unaware of the third party right or claim at the time of the conclusion of the contract.

• Korean Journal of Human Ecology
• /
• v.23 no.4
• /
• pp.665-680
• /
• 2014

The purpose of this study was to develop the construction process of orthopedic compression garments (OCG) for balancing of the left and right lumbar muscle power and strength to prevent low back pain. One male subject having low back pain was involved for investigating of the lumbar muscle power. EMG (Telemyo DTS2, Noraxon, U.S.A) was measured with/ without 3 types of waist assistant belt around the waist area of the subject. Based on the electromyogram value of left and right body, OCG were constructed as follows. Firstly, stretchable t-shirts type with supportive waist belt was selected for the convenience of wearing and laundering the OCG. The design lines of the front and back waist parts were created depending on the anatomy of the torso. Secondly, 3D pattern was developed using 3D Clo, RapidForm XOR, 2C-AN, and Yuka CAD program to increase the fit of the OCG. Finally, stretchable power-net was layered as linings in two ways, a single lining and double layered linings, and evaluated measuring lumbar muscle EMG by five subjects with low back pain. As the results, they were effective to balance the left and right lumbar muscle power and strength. Also the OCG with the double layered power-net lining was superior to the one layered lining in terms of fit and comfort.

• The Korean Journal of Applied Statistics
• /
• v.30 no.2
• /
• pp.233-241
• /
• 2017

Interval censored data frequently occur in observation studies where the subject is followed periodically. In this paper, our interest is to suggest a test statistic to compare the CIF of two groups with interval censored failure time data in the presence of competing risks. Gray (1988) suggested a test statistic for right censored data that motivated a well-known Fine and Gray's subdistribution hazard model. A multiple imputation technique is adopted to adopt Gray's test statistic to interval censored data. The powers and sizes of the suggested method are investigated through diverse simulation schemes. The main merit of the suggested method is its simplicity to implement with existing software for right censored data. The method is illustrated by analyzing Bangkok's HIV cohort dataset.

• Journal of Korean Medicine Rehabilitation
• /
• v.18 no.3
• /
• pp.211-217
• /
• 2008

Objectives : The purpose of this study is to evaluate the clinical effect of acupuncture and electroacupuncture by meridian theory to a patient with writer's cramp. Methods : We treated this patient with only acupuncture and electroacupuncture by meridian theory. We evaluated the state of improvement by time to maintain right 2nd finger extended, Pain Disability Index(PDI). PDI was measured twice before treatment and after 19 weeks. Results and Conclusions : The subject was improved in estimation by time to maintain right 2nd finger extended, PDI. The time was from a few seconds to almost 90 minutes. PDI was from 21 to 17. According to above result, acupuncture and electroacupuncture by meridian theory were effective to improve symptoms of writer's cramp.

• Korean Journal of Applied Biomechanics
• /
• v.23 no.2
• /
• pp.117-123
• /
• 2013

The purpose of this study was to provide data to increase the success rate of penalty kicks through quantifying the shape of skilled kicks by performing a kinematic analysis on the change of movement during the kicking phase which the goalkeeper uses as a vital clue. Three high definition video cameras(GR-HD1KR, JVC, Japan) were used for the study and 18 reflective markers were attached to the body joints. Corners of the goal, difficult for goalkeepers to block, were set as aims and 1 m by 1.2 m targets were installed. Each subject had five sets of kicks at random, and the analysis was done on the movements that hit the target. Time, speed of the right lower limb's center of mass, joint angle, and angular velocity were chosen as factors and the results of the analysis showed statistical significance. The player taking a penalty kick should train to avoid leaning one's body towards the kicking direction and change the angle of the right foot right before the impact to decide the direction of the ball. The goalkeeper can increase the save success rate by studying the angle of the kicker's body and the right foot as well as the timing of the kick.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.43
• /
• pp.143-168
• /
• 2009

International Factoring transaction in Korea is different from that of financially advanced countries in terms of legal system and commercial and financial practices. As for the domestic factoring, Korean factors are only involved in advances often on a with recourse basis. With regard to the international factoring, Korean factors do not accommodate whole account receivables from clients (suppliers) but handle on a selective basis. Among Korean banks, KEXIM (Export and Import Bank of Korea) is sole factor for international transactions. Currently KEXIM and several foreign banks handle factoring provide factoring services with limitation to invoice discounting which is largely extended to large corporate names. Therefore this is far different from factoring in Europe and Americas designed for small exporters with non recourse advances. In respect of legal environment, receivable assignment is subject to debtor' acknowledge or approval of such assignment according to Civil Law Act. To remove the legal obstacles, Korean government have prepared new law which allows factor's own notification of assignment (and thereby reimbursement right) to debtor with some evidences.

• Korean Journal of Bronchoesophagology
• /
• v.5 no.1
• /
• pp.68-72
• /
• 1999

Odontogenic keratocyst is a central destructive lesion of the jaws characterized by a thin, fragile layer of orthokeratinizing or parakeratinizing stratified squamous epithelium. Correlation between the histologic type and the recurrence ratio remains a subject of controversy, and multiple cysts are known to be associated with the nevoid basal cell syndrome. We experienced a case of multiple odontogenic keratocyst in a 25 year-old male patient involving bilateral mandible and maxilla. The cystic mass of the right maxilla was removed by Caldwell-Luc's approach and the right mandibular mass was removed by intraoral approach but the teeth that were impacted in the mandibular bone were remained in order to prevent an iatrogenic fracture.

• Proceedings of the IEEK Conference
• /
• 2003.07c
• /
• pp.2875-2878
• /
• 2003

In this paper, we propose an EEG-based mental state prediction method during a mental tasks. In the experimental task, a subject goes through the process of responding to visual stimulus, understanding the given problem, controlling hand motions, and hitting a key. Considering the subject's varying brain activities, we model subjects' mental states with defining selection time. EEG signals from four subjects were recorded while they performed three mental tasks. Feature vectors defined by these representations were classified with a standard, feed-forward neural network trained via the error back-propagation algorithm. We expect that the proposed detection method can be a basic technology for brain-computer interface by combining with left/right hand movement or cognitive decision discrimination methods.