• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.31
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• pp.3-25
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• 2006

This study focus on interest for arrears and filling of the gaps left in Article 78 of CISG. In the case of CISG, Article 78 provides for interest any time a payment under a contract is untimely, but does not specify a particular rate of interest or a method to determine such a rate. This issue did not cause any uncertainty under ULIS, the CISG's antecedent, since Article 83 of ULIS provided for 1%p above the official discount rate in the creditor's country. Lacking any CISG general principle as well as any indication by the very same CISG, one can only conclude that the matter must be deferred to the domestic rule of private international law. Actually, resorting to private international law is not only admissible, but expressly required by Article 7(2). In the interpretation and filling of the gaps left in Article 78, there is a considerable difference of opinion especially amongst commentators on whether the gap is a lacuna praeter legem, i.e., one being governed by, but not expressly settled in the CISG, or whether it is an issue falling outside the scope of application of the CISG, i.e. a lacuna intra legem. The protagonists of the former view lay emphasis on the overall objective of the CISG, namely to create a uniform law, whereas the supporters of the latter view refer to the legislative history of Article 78 as the dominant principle in interpreting Article 78. Some authors believe that the issue of determining the rate of interest is not dealt with by CISG and it is, therefore, governed by the applicable domestic law, which is the subsidiary law applicable to the sales contract, since "no special connecting points seem to have developed for the entitlement to interest." In the light of the relevant case law, it seems correct to conclude that the interest rate is not determined by CISG and that courts normally determine it according to their own rules of private international law. While CISG Article 78 expressly does not deal with this issue, PICC Article 7.4.9 and PECL Article 9.508, on the other hand, set forth a precise method for computing interest. Although a method like the one set by PICC may be useful and may encourage uniformity, it still cannot be used under the CISG. The PICC or PECL formula may, however, be a very good starting point in a de jure condendum analysis when a new Article 78 will be drafted, if an interest rate method will ever be embodied in the text of an international convention.

• Journal of Korean Medical classics
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• v.24 no.6
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• pp.101-110
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• 2011

There are not a few cases in Oriental medicine where a different prescription should be given to some of the patients whose symptoms are similar to each other. In other words, there might happen a misdiagnosis due to an extremely delicate difference in symptoms of the same diseases, causing a patient's condition to get worse or to be even on the brink of death. In such a context, the records in "WooJam JabJeo(愚岑雜著)" are worthwhile to do in-depth research on. Jang-Taegyung described his first-hand experience in major medical treatment very vivaciously during his ages between 25 and 42. Particularly, most of the prescriptions recorded in this book include not only his empirical prescriptions on the patients who life was almost on the brink of death but it also so plentifully contained the process of overcoming the side effect caused by other clinics' misdiagnosis; thus, that this book is drawing attention in that it could be indispensable materials not only in the research on medical history but also for clinical treatment. Particularly, as regards two cases of insanity, this book mentions the reason for using totally different prescription on one case from the other case even though the two cases had a similar symptom, through which we can acquire somewhat concrete experience in curing scenes though indirectly during the period of the Joseon Dynasty. We were able to get the result from the analysis of the two cases of insanity as follows: 1. WooJam, in treating the two cases of insanity due to the severe exacerbation of yang energy, managed to treat the one case by inducing a bowel movement and the other case by inducing urination. Such a different treatment seems to be greatly attributable to the constitutional factor of the two patients. Such an Oriental-medicine-based method of diagnosis and prescription as WooJam's is rarely found in Western medicine-i.e., that's why more thorough research on Oriental medicine is deeply required. 2. In case of the second patient, the patient arrived at insanity due to another clinic's treatment on perspiration on the patient with severe mouth thirst. This medical story once again highlights the importance of a diagnosis in today's Oriental medicine and at the same time it's a good example showing how big the side effect caused by the abuse of medicinal herbs is. The second patient's body fluids ran dry and finally his yang energy got exacerbated all the more due to the treatment by perspiration.

• Journal of the Korea institute for structural maintenance and inspection
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• v.17 no.1
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• pp.94-105
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• 2013

Recently, the construction industry has been changed in such a way that the cost for bridge construction should be optimized or reduced. Therefore, bridges are required be cost-effective in terms of initial construction as well as in the maintenance during service stage. In order to reduce the cost for bridge construction, the Rahmen typed structure, in which the bridge components from superstructure to substructure are integral, has many advantages to reduce the size of structural members including girders, since the loadings from superstructure may be transferred to substructure through the connecting rebars such as stud, etc. This paper studied on the continuous Up and Down Prestressed Concrete (UD PSC) girder bridge in which the reinforced concrete pier cap is integral with the part of girders in superstructure. In previous studies, it is known that the structural behavior of continuous UD PSC girder bridge is quite different compared to the one of the bridges with conventional bearings or shoes to support the loading from girders. Nevertheless, it has hardly been studied about the structural behavior of bridge with UD PSC girder. Therefore, in this study, various dynamic behaviors of continuous UD PSC girder bridge with integral pier cap have been analyzed using numerical method. Furthermore, an equation to evaluate the impact factor is suggested for the UD PSC girder bridge which has two to three continuous spans.

• Journal of Korean Society of Rural Planning
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• v.13 no.1 s.34
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• pp.85-95
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• 2007

Hot springs development will be more activated with the five-day work week system than before. Nevertheless, investment and development achievement of hot springs has not resulted in a successful performance to foster townships, and this calls upon locals to build a guideline to develop hot springs. This study intends to analyze laws on hot springs, which influence mostly on the hot spring development, to gather up the information on the present state of the development, and to suggest considerations for further development plans. Features of the hot spring development are as follows: One is that metropolitan cities will discover hot spring resources more than small cities. Therefore the development will be twofold : one for resort tour and the other for one-day rest and recreation. In addition, Korean laws on hot springs are more site development-oriented to support tourism and recreation than to protect environment and discover unused resources. This makes hot spring development easier and efficient being supported by hot spring law, law on territory development and use, and tourism promotion law. On the other side, planned landscape trimming can be uniformized and unharmonized in terms of local identity and environment-friendliness. This is why careful considerations such as goods and bads of the local resources, local history and culture are needed in hot spring development. A long-term development project should include remodeling based on local identity and development trends. The third point indicates that Korean hot springs development has recorded relatively low performance due to difficult private capital attraction, and a high fence on land purchase and development approval. It is essential to release restrictions on the hot spring development-especially on those whose development performance has not been successful so that best practice can be supported by the government in remodeling and marketing. New plans on hot spring development should be also examined based on developer's capacity and local authorities' volition on the plan. Last point shows that most hot springs development plans have been designed only based on territory utilizing plan and facilities arrangement, not considering much on fund-raising, operational plan or feasibility analysis. Therefore the tourism promotion law should reinforce guidelines on tourist site approval system by supplementing criteria. At the same time, an education on tourism development planning is necessary to deepen developers' understanding, since most developers are experts more on city development, landscape architecture, designing, constructing and engineering than tourism development.

• Journal of Conservation Science
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• v.33 no.5
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• pp.371-380
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• 2017

To investigate the pigments used in modern and contemporary oil paintings, thirty-two paintings by Jiho Oh and Bonung Gu were selected. The white pigment found in the ground and painting layers was identified as lead white (hydrocerussite), zinc white (zinc oxide), titanium white (titanium dioxide in anatase or rutile forms), calcite (calcium carbonate), and barite (barium sulfate). Further, this indicated that pigments differ according to the artist and date of the painting's creation. However, both Oh and Gu used zinc white during the modern and contemporary period, while lead white was replaced by titanium white, barite and calcite. Compared with the overseas studies on pigments and oil paints, the change patterns of pigments were the same with them but the periods of the use were partially different. It seems to be due to the fact that South Korea is linked to the historical background of the art material which was imported from Japan instead of Western countries. Therefore, it is inevitable that any change in the white pigments used for domestic oil paintings occurred at a different time from global transitions. If the results of this study are used in the analysis of art works it is suggested that a database recording such aspects as material properties of oil paints, artistic techniques, and chronology would become important for future conservation science and the study of art history.

• Journal of Korean Society of Coastal and Ocean Engineers
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• v.32 no.5
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• pp.351-362
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• 2020

Numerical simulations of the storm surge and waves induced by the Typhoon Maemi incident on the south sea of Korea in 2003 are performed using the JMA-MSM forecast weather field, NCEP-CFSR reanalysis weather field, ECMWF-ERA5 reanalysis weather field, and the pressure and wind fields obtained using the best track information provided by JTWC. The calculated surge heights are compared with the time history observed at harbours along the coasts of Korea. For the waves occurring coincidentally with the storm surges the calculated significant wave heights are compared with the measured data. Based on the comparison of surge and wave heights the assessment of the reliability of various weather fields is performed. As a result the JMA-MSM weather fields gives the highest reliability, and the weather field obtained using JTWC best track information gives also relatively good agreement. The ECMWF-ERA5 gives in general surge and wave heights weaker than the measured. The reliability of NCEP-CFSR turns out to be the worst for this special case of Typhoon Maemi. Based on the results of this study it is found that the reliable weather fields are essential for the accurate simulation of storm surges and waves.

• Journal of the Korean GEO-environmental Society
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• v.16 no.9
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• pp.43-51
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• 2015

In this paper, a 3D shell-spring model that can perform time history analysis of buried pipelines is used to evaluate the effect of the incident direction of the earthquake motion. When applying harmonic motions, it is shown that the period of vibration has pronounced influence on the response of buried pipelines. With decrease in the period, the curvature of the pipeline and corresponding response are shown to increase. To evaluate the effect of the incident angle, the motions are applied in the direction of the pipleline, horizontal, and vertical planes. When the motion is applied parallel to the direction of the pipeline, it only induces bending strains and therefore, the response is the lowest. Under motions subjected in horizontal and vertical planes at an angle of $45^{\circ}$ from the longitudinal axis of the buried pipeline, the axial deformation is shown to contribute greatly to the response of the pipelines. When imposing two-components simultaneously, the calculated response is similar to the case where only single-component is imposed. It is because one component only induces bending strain, resulting in very small increase in the response. The trend of the response is shown to be quite similar for recorded motions. Therefore, it is concluded that use of a single-component is sufficient for estimation of the longitudinal response of buried pipelines.

• Journal of The Korean Association For Science Education
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• v.20 no.4
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• pp.652-666
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• 2000

The purpose of this study is to analyze high school chemistry curricula in Korea and China in order to identify possible implications for the improvement of the Korean curriculum. The school curricula of Korea and China had been developed by the Ministry of Education of both countries as national curricula. The 1996 Chinese high school chemistry curriculum, and the 7th Korean high school chemistry curriculum announced in 1997 were compared in respect to the characters, objectives, history, time allotment, structure, subject contents, and assessment plans. Based on the comparative analysis of the curricula, some of the ideas, which provide implications for the improvement of Korean chemistry curriculum, were identified. The identified ideas were elaborated to seek directions for the solutions of current problems in chemistry curriculum. such as common science subject. tentative implementation of curriculum, compulsory provision of chemistry, subjects in science course, enlargement of curriculum, and methods of assessment.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.155-176
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• 2015

Leasing is one of the main methods for Chinese airlines to introduce aircraft from overseas manufactures, and this method has been used for more than 30 years by Chinese airlines. Aircraft leasing in essence is a kind of financial transaction, through which lessors provide finance to lessees by means of the delivery of possession of the leased aircraft. At the time when China started to introduce aircraft through leasing some 30 years ago, the Chinese domestic laws were very insufficient to regulate these activities. Therefore, a construction process for the law of aircraft leasing was triggered then, and some fruit has been gained. By far, there are rules to adjust the aircraft activities in the aspects of contract, real right, default and bankruptcy remedies. However, as the improvement of any system must undergo a process of exploration, the law of aircraft leasing in China is still faced up with many challenges. Especially with the emergence and prosperous of domestic leasing industry, new transaction structures and models of aircraft leasing have emerged, which leaves new challenges to current legal system. On the basis of introducing the history and main contents of Chinese legal regime of aircraft leasing, this paper offers an analysis of achievements and challenges on present Chinese laws in the aspects of contract, real right and remedies.

• Journal of the Korea institute for structural maintenance and inspection
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• v.19 no.4
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• pp.125-135
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• 2015

The tendency of more longer span length being required economical in railway bridges is studying about PSC I shaped girder. In this case, it is important to analyze and choose the effective girder section for stiffness of bridge. This study investigates the dynamic properties and safety of PSC I shaped girder being used wide upper flange whose selection based on radii and efficiency factor of flexure for railway bridge in different span type. In addition, 40m PSC Box girder bridge adopted in Honam high speed railway is further analyzed to compare dynamic performance of PSC I shaped girder railway bridge with same span length. Time history response is acquired based on the mode superposition method. Static analysis is also analyzed using standard train load combined with the impact factor. Consequently, the result met limit values in every case including vertical displacement, acceleration and distort.