• 국제학술발표논문집
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• The 4th International Conference on Construction Engineering and Project Management Organized by the University of New South Wales
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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.

• 무역상무연구
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• 제23권
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• pp.71-91
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• 2004

The purpose of this paper is to examine the effects and problems of acceptance with modifications according to CISG Art. 19, comparing with UCC ${\S}2-207$. First of all this author raised two legal issues encountered when there is an acceptance with modifications. Scenario one is as follows : "Before either party has taken further action, there is a rise or a fall in the price of goods, was there a binding contract ?" The UCC rules provide for a contract if a purchaser sends out a purchase order and the seller sends back a sales acknowledgement form, and the items on the front(the price, description, and quantity) match up. The CISG on the other hand, is that most of the terms and conditions on the backs of the forms are important. Therefore, if they are different, there should not be a contract. Scenario two is as follows : "There has been performance, A disputes arises. What terms and conditions apply ?" The CISG and the UCC will probably lead to different results in the event the parties exchange conflicting forms and subsequently perform. Assuming that the offeree's reply contains terms that are materially different from the offer, the UCC provides that the resulting contract will include only those terms on which the writings of the parties agree, excluding conflicting terms. The CISG treats the material additions as a counter-offer and, in accordance with Art. 18, the offeree's performance may be regarded as an acceptance of a contract containing all of the offeror's terms ; or the offeror's performance may be regarded as an acceptance of a contract containing all of the offeree's terms. Second, this author raised three problems in the Art. 19 as follows ; 1) It is very difficult in practical application to decide what is material alterations even if the CISG lists material terms as an example. 2) There is a possibility for the offeror to speculate in the circumstance of market fluctuation as he has a change to object to the discrepancy in the offeree's reply. 3) There is also a possibility of inducement for the offeror or the offeree to send its own reply as a last shot.

• 대한수학회논문집
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• 제9권3호
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• pp.641-648
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• 1994

Let M be a minimally immersed closed hypersurface in $S^{n+1}$, II the second fundamental form and $S = \Vert II \Vert^2$. It is well known that if $0 \leq S \leq n$, then $S \equiv 0$ or $S \equiv n$ and totally geodesic hypersheres and Clifford tori are the only possible minimal hypersurfaces with $S \equiv 0$ or $S \equiv n$ ([6], [2]). From these results, Chern suggested some questions on the study of compact minimal hypersurfaces on the sphere with S =constant: what are the next possible values of S to n, and does in the ambient sphere\ulcorner By the way, S is defined extrinsically but, in fact, it is an intrinsic invariant for the minimal hypersurface, i.e., S = n(n-1) - R, where R is the scalar, curvature of M. Some partial answers have been obtained for dim M = 3: Assuming $M^3 \subset S^4$ is closed and minimal with S =constant, de Almeida and Brito [1] proved that if $R \geq 0$ (or equivalently $S \leq 6$), then S = 0, 3 or 6, Peng and Terng ([5]) proved that if M has 3 distint principal curvatures, then S = 6, and in [3] Chang showed that if there exists a point which has two distinct principal curvatures, then S = 3. Hence the problem for dim M = 3 is completely done. For higher dimensional cases, not much has been known and these problems seem to be very hard without imposing some more conditions on M.

• 산업경영시스템학회지
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• 제41권4호
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• pp.146-159
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• 2018

This study analyzed what premium features significantly affect customer satisfaction and their recommendation, and what factors significantly affect product attributes. In the process, first, the loyalty program and the customer compensation program were studied to determine the impact of the customer satisfaction and recommendation. The study analyzed that quality and design of product properties had significant effects on all factors, but the brand was not significantly affected. Second, while superiority, differentiation and scarcity of luxury items are significant to customer satisfaction but superiority is only significant in relation to recommendation intention. Third, the preceding study shows that the customer compensation program has a significant impact on sales growth, but the study found that it was not for imported luxury car customers. Fourth, if the royalties program is low in awareness, it has been analyzed that the scarcity and customer satisfaction relationships among luxury goods have been adjusted. On the contrary, if there is a high level of awareness, it is analyzed that there is a control effect customer satisfaction and differentiation among luxury brands. In the conclusion, in order to satisfy customers at the import luxury car market, the differentiation of luxury goods by standard index must be strengthened and the brand must be strengthened among the attributes of the product. In addition, by raising awareness of the royalties program, the relationship between differentiation and customer satisfaction can be enhanced.

• 인지과학
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• 제6권3호
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• pp.5-23
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• 1995

루카스의 이른바 괴델 논변에 의하면,괴델의 정리는 기계론 논제 즉 인간 인지 체계가 튜링 기계라는 논제를 반박한다.이 논문에서는 필자는 이 논변이 성공적이지 못하다는 것을 보이려고 한다.그러나 필자는 또한 괴델 논변에 대한 기존의 많은 반론들 역시 받아들일 만하지 않다는 것을 주장한다.그리고 나서 필자는 괴델 논변에 대한 "일관성" 반론을 강화한다. 그렇게 해서 얻어진 필자의 딜레마 반론에 의하면, 괴델 논변은 (1) 우리가 "전반적" 진리 개념을 가질 경우 거짓 전제를 가지고 (2) 우리가 그러한 진리 개념을 갖지 않을 경우 진술될 수 없으므로, 어떤 경우이든 성공적이지 못하다.

• 무역상무연구
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• 제77권
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• pp.43-67
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• 2018

Arbitration is one of alternative dispute resolution systems which settle a dispute by arbitrators(private persons) based on a contract between contracting parties without a judicial litigation system involved. As a valid arbitration agreement is an essential requirement for commencement of arbitration, the first thing to be determined is whether there is a valid arbitration agreement or not when a dispute is submitted. A consumer arbitration agreement usually exists as an arbitration clause in an adhesive contract between consumers and a seller. When consumers buy a product from a seller, they are requested to agree on a general terms and conditions which are unilaterally drafted by a seller in advance. These terms and conditions are not negotiable because it is an adhesive contract and consumers are placed in "take-it-or-leave-it" position. Therefore, even though there is an arbitration agreement between consumers and a seller, it has to be carefully considered whether it has a legal effect or not. In this respect, a court will examine if an arbitration agreement has procedural unconscionability and substantive unconscionability. Therefore, as U.S is a well-advanced and arbitration-friendly country, this paper analyzes four U.S cases to find out (i) what a court considers, (ii) how a court examines and interprets procedural and substantive unconscionability and (iii) if there has been a change in regard to a court's decision. By doing so, it will provide some suggestions and guidelines for a consumer arbitration in Korea.

• 건축역사연구
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• 제14권1호
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• pp.151-183
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• 2005

All architecture in the history were based on a certain concept of architectural unit that functioned as a base model of architectural design. As we know, such model was not the same in the East and the West, and therefore, their architectures are not the same. This paper aims to identify how and why such base model of the two cultural area are different. As one way of discussing this issue, the concept of particle and field, as two representative idea of the West and East respectively, the employed. This kind of discussion can not follow the way of scientific verification as method of argument. However, the understanding of such concept of unit model is crucial for the understanding of the architecture of the culture in general. In basic sense, the tradition of Western architecture is rooted in the model of particle, where, architecture is conceived to be as a independent unit standing on earth as if it is a box like object. While, the tradition of Eastern architecture is rooted in the model field, where, architecture is conceived to be a part of field organization. In present days, we are used to the model of particle as if it is the only possible model of architecture. But, in fact, what man need to achieve in their architecture and city, is the balance between the two models.

• 대한치과의사협회지
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• 제58권10호
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• pp.640-648
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• 2020

The aim of this article is to provide major announcements within the last decade or so about possible medical emergencies in dentistry. This would be helpful to improve the knowledge on first aid suitable for dental environment. Syncope was the most common medical emergencies in dentistry. Medical emergency situations can be divided into urgency and true emergency. Urgency situations can be solved well if proper treatment is taken. However, even in an urgency, if the correct treatment is not performed, it may soon turn into an emergency. With the joint efforts of the Korean Dental Anesthesiology Society and the Korean Cardiopulmonary Resuscitation Association, dental advanced life support (DALS) has been prepared since 2015. Through 17 training experiences until January 2020, scenarios and textbooks were developed. Dentists and dental care teams need to be prepared to strengthen their competence as professionals and to increase their team-level response capabilities..

• 품질경영학회지
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• 제25권1호
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• pp.156-172
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• 1997

FMEA is a widely used technique to assess or to improve reliability of products at early stage of design and development. In order to implement FMEA effectively, it is important to utilize knowledge or technical know-hows. However, that is very difficult. In fact, if information on the failure modes is enough, it is important to consider a counterplan to eliminate critical failure modes. If engineers do not have such information, however, it is more important to know what failure modes of the component under consideration would undergo. This means that the purposes of performing FMEA varies according to the situation. Therefore, we need different kinds of FMEA charts to meet those purposes. This paper proposes two FMEA charts: one is suitable for detecting potential failure modes and the other is for product improvements.

• Asian Pacific Journal of Cancer Prevention
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• 제15권12호
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• pp.4983-4988
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• 2014

Background: In Muslim majority countries (MMC) opioid use for pain management is extremely low. The underlying factors contributing to this are not well defined. Aim: The aim of this study was to survey the attitudes of cancer patients towards morphine use for pain management in a MMC and identify the factors that influence patient decisions to accept or refuse morphine as treatment for cancer pain. Settings/participants: Patients were questioned whether they had pain or not, the severity and the medications for pain management. Questions included what type of medication they thought morphine was, whether or not they would be willing to take morphine if recommended for pain management and the basis for their decision if they were against morphine use. Results: Four hundred and eighty-eight patients participated in the study. Some 50% of the patients who refused morphine use and 36.8% of the patients who would prefer another drug, if possible, identified fear of addiction as the basis for their decision. Reservation of morphine for later in their disease was the case for 22.4% of the patients who refused morphine use. Only 13.7 % of the patients refusing morphine and 9.7% of the patients who preferred another drug, if possible, cited religious reasons as the basis for this decision. Conclusions: Identifying the underlying factors contributing to low opioid use for pain management in MMC is important. Once the underlying factors were identified, all efforts should be taken to overcome them as they are barriers to improving patient pain management.