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The Legal Sociological Study on the Reality of Civil Mediation and it's Activating Policy - in Jurisdiction of Gwangju & Chonnam District Court - (민사조정의 운영실태와 그 활성화방안에 관한 법사회학적 연구 - 광주 및 전남지역의 법원을 중심으로 -)

  • Oh, Dae-Sung
    • Journal of Arbitration Studies
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    • v.17 no.2
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    • pp.189-219
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    • 2007
  • Mediation is type of intervention in which the disputing parties accept the offer of the judge or a third party to recommend a solution for their controversy. Mediation differs from arbitration in being a voluntary resolution rather than a judicial procedure. Thus, the parties to the dispute are not bound to accept the mediator's recommendation. Resort to mediation has become increasingly frequent for civil disputes. Mediation has been successful in many cases of civil conflict. Mediation has become increasingly important for monetary disputes as well, particularly in damage cases. While most people consider mediation a far superior experience to court, everything I tell you a mediator should not do is something that at least one mediator I have dealt with has done to a client. In theory, a mediator should never share anything you tell him or her without your permission. In theory a mediator should not "spring" evaluations on anyone in a mediation without your permission (e.g. a mediator should never say "your case is worth \OOOO and I just told the other side that). In theory a mediator should not browbeat or threaten you. At the end, usually about 55% of the time with a good mediator in Kwangju Appellate Court in 2003, the parties reach an agreement that is in their best interests. If they decide to sign off on a signed agreement, the signed agreement is binding. I obviously feel mediation is a very good thing and the numbers and surveys bear me out. This article is written about how mediation is proceeded, what is the realities, what is the problem and what is the activating way. For this study, I research with legal sociological approach using Korean Judicial Year Boot judicial document and my experience as meditator in Kwangju District Court.

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What is a Cancer Cell? Why does it Metastasize?

  • Hegde, Mahabaleshwar Vishnu;Mali, Aniket Vijay;Chandorkar, Shubha Sandeep
    • Asian Pacific Journal of Cancer Prevention
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    • v.14 no.6
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    • pp.3987-3989
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    • 2013
  • This is a commentary on what a cancer cell is and why cancer cells metastasize. Normal cell get transformed to a cancer cell, with excessive production of free radicals that mutate the DNA of a normal cell. The immortality and malignant stage of transformed cell is maintained by higher GSH levels. With the faster rate of proliferation, when the cancer cell finds the place of origin is not conducive to its further growth, cancer cell chooses to take the metastatic course. We argue that if we can stop the exit of cancer cell from place of origin, cancer spread can be stopped or even cured.

Probabilistic Interpretation of NDE Data in Condition Assessment of Bridge Element (교량안전진단에 있어서 비파괴 시험자료의 통계적 해석 방법)

  • 심형섭;강보순;황성춘
    • Proceedings of the Korea Concrete Institute Conference
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    • 2001.11a
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    • pp.803-808
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    • 2001
  • Mathematical basis of interpretation of data from nondestructive evaluation (NDE) methods in bridge inspection is presented. In bridge inspection with NDE methods, NDE data are not assessments. NDE data must be interpreted as condition of element. Interpretation is then assessment. Correct assessments of conditions of bridge elements depend on the accuracy and variability in test data as well as on the uncertainty of correlations between attributes (what is measured) and conditions (what is sought in the inspection). Inaccuracy and variability in test data defines the qualify or NDE test. The qualify or test itself is important, but in view of condition assessment, the significance of uncertainty in correlations of attributes and conditions must be combined. NDE methods that are accurate in their measurements may still be found to be poor methods if attributes are uncertain indicators of condition of bridge elements. This paper reports mathematical presentation of inaccuracy and variability in test data and of uncertainty in correlation of attributes to element conditions with three examples of NDE methods.

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A study on the cataloging remote electronic resources (전자정보원의 목록작성에 관한 연구)

  • 김정현
    • Journal of Korean Library and Information Science Society
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    • v.28
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    • pp.287-312
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    • 1998
  • With the advent of electronic publications, the cataloger is no longer providing access to just the library's archives. This paper intends to describe the concepts, types and characteristics of electronic information resources, and to review some projects and issues related to the cataloging of remote electronic resources, especially field 856(electronic location and access) in the USMARC. In an electronic world, organization occurs in whatever way is needed to provide quick and thorough access to information objects, regardless of physical constraint. Given the issues, it is obvious that cataloging in the electronic world can no longer be done the same as it has been in the past. We must ask ourselves what we want to see in the future of cataloging and what the acceptable norm of organization for the electronic world is if not cataloging as usual.

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The Impossible Anamnesis Memory versus History in Hubert Aquin's Blackout

  • Dupuis, Gilles
    • Cross-Cultural Studies
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    • v.20
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    • pp.225-240
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    • 2010
  • Soon after joining the Canadian Confederation in 1867, the province of Quebec adopted the phrase Je me souviens ("As I recall") as its 'national' motto, although many Qu?b?cois do not remember today what they were supposed to memorize, as collective subject, when their government voted this motion. My thesis is that contrary to other countries which have a strong sense of history based on a secular tradition, this process was more complicated in Quebec - as if a collective memory loss lied at the heart of it's history. Through a rereading of Hubert Aquin's cult novel, Trou de m?moire (in its English translation Blackout), first published in 1968, I try to illustrate this paradox and to emphasize the heuristic functions of memory blanks, gaps and lapses in certain postmodern narratives, after the historical breakdown of "the great narratives" (Lyotard). In this perspective, the example of Quebec, through the voice of one of its more gifted yet controversial novelist, can be seen as emblematic of what happens when the mnemonic impossibility of rewriting history opens up new possibilities for writing fiction.

On Effect of Nonnormality on Size of Test for Dimensionality in Discriminant Analysis

  • Changha Hwang
    • Communications for Statistical Applications and Methods
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    • v.3 no.3
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    • pp.25-30
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    • 1996
  • In discriminant analysis the procedures commonly used to estimate the dimensionality involve testing a sequence of dimensionality hypotheses. There is a problem with the size of the test since dimensionality hypotheses are tested sequentially and thus they are actually conditional tests. The focus of this paper is to investigate in asymptotic sense what happens to the sequential testing procedure if the assumption of normality does not hold.

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A Study on the Effect of Performance on Employer's Satisfaction of Service Company (서비스 기업의 종업원 만족도가 경영성과에 미치는 영향에 관한 연구)

  • Park, Jung-sub
    • Journal of Distribution Science
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    • v.3 no.2
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    • pp.101-119
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    • 2005
  • For the customer satisfaction, the inside customer satisfaction must be made by offering the service of a good quality to the inside customer. If the inside customer is not satisfied with own business, the achievement of customer's loyalty & customer satisfaction which have direct effects on the performance of a corporation, comes to be difficult. This study tries to analyze what effect the inside customer satisfaction has on the yield performance of a corporation on the subject of the salespersons of the direct-control store among the retail store business.

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Applying CBR for Default Risk Forecasting (채무불이행위험의 예측을 위한 CBR응용)

  • Kim Jin-Baek
    • Management & Information Systems Review
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    • v.3
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    • pp.179-199
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    • 1999
  • Case-Based Reasoning(CBR) offers a new approach for developing knowledge based systems. In case-based approach the problem solving experience of the domain expert is encoded in the form of cases. CBR has successfully been applied to many kinds of problems such as design, planning, diagnosis and forecasting. In this paper, CBR was applied for forecasting default risk. The applied result was successful in spite of the small casebase. Generally, CBR requires large casebase. So, if the number of data was large, the result was better. But in this paper, what financial variable was more forecastable was not tested. Next, this should be tested.

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Characterization of auto-stereoscopic and polarization based 3D displays: a common approach

  • Leroux, Thierry;Boher, Pierre;Collomb-Patton, Veronique;Bignon, Thibault
    • 한국정보디스플레이학회:학술대회논문집
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    • 2009.10a
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    • pp.975-978
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    • 2009
  • Even if auto-stereoscopic and polarization based 3D displays are not working with the same principles, their common aim is to provide two different images in the eyes of the observer. In this paper we show that Fourier optics instrument for viewing angle measurements can be applied to both types of displays. Luminance measurements are made at different locations and what will be seen by an observer in front of the display is predicted. Precise 3D characteristics can be derived and direct comparison becomes possible.

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A Study on the Seller's Right to Cure in the Int'l Sale of Goods (국제물품매매계약(國際物品賣買契約)에서 하자보완권(瑕疵補完權)에 관한 고찰(考察))

  • Ha, Kang-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.253-276
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    • 1999
  • CISG articles 34 and 37 clearly allow the seller to cure any nonconformity in documents of sale or performance prior to the date for delivery if it does not cause the buyer unreasonable inconvenience or unreasonable expense. CISG article 48 allows a seller to cure the performance even after the date for delivery if it does not cause the buyer unreasonable delay, unreasonable inconvenience or unreasonable uncertainty of reimbursement by the seller of expenses advanced by the buyer. The wording any failure to perform is broad enough to include a delay. The seller's right to cure relates to all his obligations. The seller may remedy 'any failure to perform his obligations'. This language is broad enough to include a defect in documents. In some cases the fact that the seller is able and willing to remedy the non-conformity of the goods without inconvenience to the buyer, may mean that there would be no fundamental breach unless the seller failed to remedy the non-conformity within an appropriate time. It cannot generally be said what unreasonable inconvenience means. This can only be decided on a case-by-case basis. The seller must bear the costs involved in remedying a failure to perform. The curing of a failure to perform may have influence on the amount of the damage claimed. Insofar as the seller has the right to cure, the buyer is in that case obliged to accept the cure. If he refuses to do so, he can neither avoid the contract nor declare a reduction in price. This rule clearly shows the underlying concept of the CISG, to keep to the contract, if possible. Should the buyer requires delivery of substitute goods and the seller offers repair, it depends on the expense each case. The buyer must receive the request or notice by the seller. The relationship between the seller's right to cure and the buyer's right to avoid the contract is unclear. The buyer's right to avoid the contract should not nullify the seller's right to cure if the offer is reasonable. In addition, whether a breach is fundamental should be decided in the right of the seller's offer to cure.

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