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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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An Experimental Examination of Customer Preferences on Mobile Interfaces (모바일 서비스 고객선호도에 관한 실증연구)

  • Baek, Seung-Ik;Cho, Min;Kim, Bong-Jun
    • Korean Management Science Review
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    • v.23 no.3
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    • pp.27-39
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    • 2006
  • Designing mobile Interfaces is fundamentally different from designing online interfaces. Not only are there differences in underlying technologies, but also in the way people use mobile Interfaces. If these differences are not taken into account in designing mobile interfaces, mobile services are likely to fail. If mobile services do not deliver what people want, these services will fail no matter how excellent the underlying technology is. The user interface design commonly used in mobile services is based on multi-layered approach, which is not very user-friendly. A well designed single layered user Interface will be more user friendly than the conventional one and it will be having edge over others. However, it is quite difficult to Provide a single layered user Interface in a small screen. This study aims at examining how design attributes of mobile interfaces affect customer preferences. In order to explore customer preferences to each design attribute of mobile interfaces, we measure and analyze customer's WTP (Willingness To Pay) toward their different interface designs. Ultimately, throughout the study, we try to answer how to design mobile interfaces in small screen of mobile devices. In addition, we propose an optimal design solution that customers likely prefer.

Positive Effect of Non-directive College Introductory Physics Laboratory (비지시적 대학 일반 물리 실험의 긍정적 효과)

  • Kim, Eun-Sook;Hwang, Kyung-Soo
    • Journal of The Korean Association For Science Education
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    • v.17 no.1
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    • pp.55-64
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    • 1997
  • Experiments done in traditional physics laboratories have been criticized for giving too detailed instruction so that student could follow the experimental procedure without understanding. This type of experiment is often called "cookbook experiment." Cookbook experiment was known to be little help to understand the physics concepts and to increase student interest. To solve these problems with traditional cookbook experiment, non-directive introductory physics laboratory was designed and tried with the freshmen of Department of Physics Education of Seoul National University. Non-directive laboratory was characterized by the lack of step by step instruction for students to follow. The instruction students received consisted of the goal of experiment, a short introduction, and a list of suggested materials to be used. Student designed the experimental procedure and decided what material they wanted to use. One group submitted one lab report as a group to encourage cooperation among students. Lab report could be written in any form students wanted and no penalty point was given to poor data or inappropriate theory, etc to encourage taking risks. Penalty points were given if the students did not get involved during class hours. Student received extra point for being creative and / or working hard. Teaching assistants used Socratic dialogue in helping students to find their own way instead of explaining what they had to do. Students' interest about the non-directive experiment was studies at the of the semester. A questionnaire was made for students to answer. The questionnaire consisted of four categories, the equipment and the laboratory, the experimental procedure, the lab report, and teaching assistant. For each category, student were asked to explain the differences from other laboratory classes, features they liked and the reasons why they do, features they did not like and why they did not. At the end of the questionnaire, students were asked what hey wanted to change and what they did not. They also could put any opinion they had other than the questions asked. Student overall opinion was very positive. All the students said they liked the lack of detailed experimental procedure because it gave them the feeling of achievement, made them feel challenged and think in more diverse and creative ways. Students liked the lab report because group report forced them to discuss more and the free form lab report helped them to focus on the what they did. Student responses about the teaching assistant was also positive but not as enthusiastic as the experimental procedure or lab report. However students recognised that the role of the teaching assistant was as a guide, a supporter, or a facilitator.

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An American Indigenous perspective in what we label the study of language in culture: Is it 'Anthropology' or 'Linguistics' and does it matter\ulcorner

  • Tamburro, Paul R.
    • Lingua Humanitatis
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    • v.6
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    • pp.109-145
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    • 2004
  • Social scientists in North America, especially anthropologists, folklorists and linguists, who focus on the study language use and its connection to society, use a variety of labels to describe what they do. Among the best known are 'anthropological linguistics' , 'linguistic anthropology', and 'sociolinguistics'. All of these labels imply that their focus is on the study of language usage in society and culture for their teaching, research and publications. In this paper I am examining the intellectual issues and history that underlie the differences in the labels. The differences and similarities that characterize them are discussed. The author proposes 'linguistic anthropology' as the most useful disciplinary terminology if the study of language combined with culture is to be 'community-centric' and not only 'profession-centric' . He encourages a renewed focus on working with communities. Also, a need to find ways to engage Indigenous members of minority language communities more actively should be a primary goal in the process of 'academic' language work. This is important due to the loss rapid extinction of the many of the world's languages. The author points out that it does matter what we call the work we do, as a label may carry a message of meaning, intent and focus.

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The Study on the qualitative research paper and essay done in dental history class. (치의학 역사 수업의 질적 연구 논문과 수필에 관한 연구)

  • Lee, Jue Yeon
    • The Journal of the Korean dental association
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    • v.54 no.12
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    • pp.948-970
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    • 2016
  • For three years, from 2014 to 2016, in dental history class, 263 3rd grade students, attending postgraduate dental school had reviewed current problems of the dentistry and dental care system by adopting historical thinking, in forms of essays, editorials, and papers, The purpose of this study is to know whether writing has educational benefits on students. Analysis of the writings and Student course evaluation showed that it is beneficial. All of the students agreed on submitting a qualitative study project instead of taking midterms on 2016. The approval ratio has increased over the years, on 2014 being 82%, on 2015 being 98%, on 2016 being 100%. For that reason, it is not an assertion to deduce that the students have experienced benefits while developing their genuine thoughts on the current status or problems, exploring what their role is, and what they will face. The chronological thinking had been used throughout the researches to identify what Dentistry and Dentist is. Dentistry have encompassed knowledges of natural sciences, humanities and other fields when needed to perfect itself. In doing so, Dentist achieved independence from doctor or other cooperatives. Research on Korean Dental care system has involved in historical thinking, including historical analysis, inquisition, and historical imagination, insight. etc. If the in-depth evaluation consisting of history and writing is sustained, it would be very effective teaching method.

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THE VALIDITY OF HEALTH ASSESSMENTS: RESOLVING SOME RECENT DIFFERENCES

  • Hyland Michael E.
    • 대한예방의학회:학술대회논문집
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    • 1994.02b
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    • pp.137-141
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    • 1994
  • The purpose of this paper is to examine what is meant by a ralid measure of health. Guyatt, Kirshner and Jaeschke propose that health tests should be designed so as to have one of several kinds of validity: 'longitudinal construct validity' for those which are used for longitudinal research designs, and 'cross-sectional construct validity' for those which are used for cross-sectional designs. Williams and Naylor argue that this approach to test classification and validation confuses what a test purports to measure with the purpose for which it is used, and that some tests have multiple uses. A review of the meanings of validity in the psychologica test literature shows that both sets of authors use the term validity in an idiosyncratic way. Although the use of a test (evaluated by content validity) should not be conflated with whether the test actually measures a specified construct (evaluated by construct validity);' if health is actually made up of several constructs (as suggested in Hyland's interactional model) then there may be an association between types of construct and types of purpose. Evidence is reviewed that people make several, independent judgements about their health: cognitive perceptions of health problems are likely to be more sensitive to change in a longitudinal research design. whereas emotional evaluations of health provide less bias in cross-sectional designs. Thus. a classification of health measures in terms of the purpose of the test may parallel a classification in terms of what tests purport to measure.

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A World Tour of the Museum of Dentistry (세계 치과 박물관 여행)

  • Kweon, Hoon
    • The Journal of the Korean dental association
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    • v.58 no.4
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    • pp.222-250
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    • 2020
  • Although museums of dentistry and dental museums are both museums related to dentistry, they may differ significantly in the scope and the content regarding the audiences. Museums of dentistry, which display a variety of dental instruments, materials, and photographs, help you learn about the development of dentistry and primarily attract a lot of attention from those who work in dental fields. These museums, however, don't get much attention from the general public. The dental museum, which displays everything related to teeth and dental care, can attract a lot of curiosity and attention not only by those in dental fields, but also by the general public. Dental museums should purpose public health education; they should not just be a place for looking around. This is because the experience of the dental museum has the power to engage people. Therefore, if you add educational functions to the dental museum and make it a place to learn about dental history and oral health care, it can be the institution where culture and health are combined. We need to study history to better understand which improvements we have made and also to see what we need to aim for in the future. The purpose of this study is to examine the actual way each of 28 dental museums in 7 different countries is operated by describing what I saw when I visited them. In addition, the current state of museums of dentistry in Korea is examined and the future development directions is also considered.

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Effect of the Simplification and Composition in Sewer Networks (우수관망의 단순화와 관로배치의 영향분석)

  • 전병호;이종태;윤재영
    • Water for future
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    • v.27 no.2
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    • pp.139-146
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    • 1994
  • Simplified sewer networks have been used to simulate runoff hydrographs for urban watersheds since configurations of sewer networks in urban area are commonly so complex that it is too cumbersome to simulate them as what they are. If they were to be simulated without any simplification, it is not likely that satisfactory results are obtained due to accumulation of numerous little errors. Even for the well-known models widely used in everyday practicesit is not appropriate to simulate everything in the watershed as what they are. In resolving these problems, it is common practice to simplify network configurations so as to be fitted to the models for runoff hydrograph simulation. In case of netwrok simplication, hydraulic and hydrologic characteristics of the watersheds should be carefully taken into consideration to derive meaningful results. On the bases of these considerations, this study analyzes simulation outputs using simplified networks and compares them, as well as inestigates the methods to make hydraulically sound simplification of sewer networks.

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One-round Secure Key Exchange Protocol With Strong Forward Secrecy

  • Li, Xiaowei;Yang, Dengqi;Chen, Benhui;Zhang, Yuqing
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.10 no.11
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    • pp.5639-5653
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    • 2016
  • Security models for key exchange protocols have been researched for years, however, lots of them only focus on what secret can be compromised but they do not differentiate the timing of secrets compromise, such as the extended Canetti-Krawczyk (eCK) model. In this paper, we propose a new security model for key exchange protocols which can not only consider what keys can be compromised as well as when they are compromised. The proposed security model is important to the security proof of the key exchange protocols with forward secrecy (either weak forward secrecy (wFS) or strong forward secrecy (sFS)). In addition, a new kind of key compromise impersonation (KCI) attacks which is called strong key compromise impersonation (sKCI) attack is proposed. Finally, we provide a new one-round key exchange protocol called mOT+ based on mOT protocol. The security of the mOT+ is given in the new model. It can provide the properties of sKCI-resilience and sFS and it is secure even if the ephemeral key reveal query is considered.

WHAT IS THE VALUE AND IMPACT OF EARLY DISPUTE EVALUATION IN THE UK AND INTERNATIONALLY?

  • Francine Baker
    • International conference on construction engineering and project management
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    • 2011.02a
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    • pp.350-356
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    • 2011
  • Early neutral evaluation (ENE) is a fairly recent form of alternative dispute resolution procedure used in the construction industry. In the UK, ENE is usually carried out on an entirely without prejudice basis, however the parties may agree that any or part of it may be referred to at trial or any subsequent hearing. The early neutral evaluation consists of a preliminary assessment of the issues in dispute for use as a basis for negotiations which may result in a settlement of the dispute. An independent person is appointed by the parties who reviews the case and provides an opinion, in written form and in some detail, with reasons on the merits of the matters in dispute. The opinion is non-binding but provides the parties with what in the opinion of the independent person a formal tribunal may decide whether a court or an arbitrator, if the dispute is not resolved. However, ENE has yet to take off in the construction industry in the UK. This paper will explain this procedure and explore the use of it in the UK and internationally, considering the benefits and drawbacks of its use. It will consider whether or not it is more effective than other early resolution forms such as mediation and adjudication. It will argue and conclude that it is a very useful cost effective procedure, particularly in the resolution of complex disputes, whether local or international.

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