• Title/Summary/Keyword: article 34

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A Study on the Seller's Obligation to Hand over Documents under the CISG (국제물품매매계약에 관한 UN협약(CISG)에서 매도인의 서류교부의무)

  • Huh, Eun-Sook
    • International Commerce and Information Review
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    • v.13 no.3
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    • pp.459-485
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    • 2011
  • This paper examines the seller's obligation to deliver documents conforming to the terms of the sales contract as set forth in articles 30 and 34 of the CISG. Article 30 obliges the seller to band over documents relating to the goods. This obligation to band over documents is further elaborated in article 34. According to article 34, the documents must be tendered at the time and place, and in the form, required by the contract. If the seller has delivered non-conforming documents before the agreed time, he has the right to remedy the defects if this would not cause the buyer unreasonable inconvenience or expense. However, the buyer can claim any damages suffered despite the seller's remedy. Specific emphasis is placed on the interplay between the CISG and Incoterms. Incoterms contain detailed rules governing the obligations of the seller to provide for documents. Incoterms constitute international trade usage under articles 9(1) and 9(2) CISG and supplement construction of CISG with UCP under L/C transaction. In the event of failure by seller to deliver the necessary documents, the buyer has certain remedies available, such as the right to claim damages, the right to demand specific performance, and the right to repair. Furthermore, the failure to deliver the required documents under contract constitute a fundamental breach of the underlying sales contract as defined by article 25 of the CISG by the seller, and thereby enable the buyer to avoid the contract entirely article 49. However, it is stressed that since one of the main principles of the CISG is the preservation of the contract, the avoidance of the contract should remain a remedy of last resort.

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Review of Medical Act Article 34 the Amendment (의료법 34조 개정(안)에 대한 소고)

  • Jeun, Young-Ju
    • The Journal of the Korea Contents Association
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    • v.15 no.1
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    • pp.152-158
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    • 2015
  • The Korean Government said that it issued advance notice of the amendment of medical act article 34 on Oct. 29 of last year. Another issue at the heart of controversy in 2009 was telemedicine between doctors and patients for the purpose of helping those in the dead zone of medicine and supporting medical service industry. It failed, however, to enact legislation due to the strong opposition from medical profession as well as the apprehension about abuse of medical treatment and the rise of medical expenses. To amend and legislate a law, it is needed in advance to examine and analyze the rationality, propriety and feasibility of it. In particular, when it comes to amending a medical act, the validity should be acknowledged only when the right to life and health of the people is protected. Medical act article 34 is in the state of drift because of stiff resistance from medical and civic groups. This study purpose of analyze and to explain the amendment of recent proposition of Medical Act Article 34 and to suggest possible improvement methods.

Highly Cited Articles in Periacetabular Osteotomy Research

  • Colin K. Cantrell;Cody J. Goedderz;Ryan S. Selley;Ernest L. Sink;Michael D. Stover
    • Hip & pelvis
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    • v.34 no.2
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    • pp.87-95
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    • 2022
  • Purpose: The aim of this study is to identify highly cited articles and examine trends and characteristics in research on periacetabular osteotomy. Materials and Methods: The 50 most highly cited articles on periacetabular osteotomy research were identified using Scopus. Data regarding article demographics and publication were collected from each article and an analysis was performed. Results: The mean citation count was 125±37. The article with the highest total citation count (796), five-year citation count (327), and five-year citation density (65/year) was reported by Reinhold Ganz. The five-year citation density showed strong correlation with total citation density (r=0.930, P<0.001). Reinhold Ganz, the most productive author, was listed on 13 articles in the cohort with 455 weighted citation points. Conclusion: This study provides a collection of articles examining periacetabular osteotomies and demonstrates that citation count can be regarded as an acceptable measure of the contemporary academic influence of an article.

An Analysis of Rem Koolhaas' Preservation Theory and Remodeling Design Strategies (렘 콜하스의 보존이론과 리모델링 설계전략 분석)

  • Joo, Ha-Na;Lee, Tonghoon
    • Journal of the Architectural Institute of Korea Planning & Design
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    • v.34 no.7
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    • pp.69-78
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    • 2018
  • The purpose of this article is: firstly, to survey architect Rem Koolhaas' preservation theory by reviewing his essays, books, exhibitions, and research projects focusing on preservation-related issues; and secondly, to formally analyse OMA's remodeling projects from 1970's to the present. From this analysis, this article tries to classify OMA's remodeling projects into four distinct categories and to establish, respectively, four generally-applicable remodeling strategies: 1)'Interior-oriented', 2)'Juxtaposition', 3)'Infill' and 4)'Cohesion.' Finally, this article argues that these remodeling strategies can be interpreted as a consistent pursuit of integration of various programmatic elements.

The Revision Trend of UNCITRAL Model Law on International Commercial Arbitration (국제상사중재에 관한 UNCITRAL 모델법의 개정동향)

  • Lee, Kang-Bin
    • Journal of Arbitration Studies
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    • v.16 no.3
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    • pp.53-89
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    • 2006
  • At its thirty-second session(Vienna, 17 May-4 June 1999), the UNCITRAL decided that the priority items for the Working Group(Arbitration and Conciliation) should include enforceability of interim measures and the requirement of written (on for the arbitration agreement. The Working Group, at its forty-third session(Vienna, 3-7 October 2005), it had undertaken a detailed review of the text of the revised article 17 of UNCTTRAL Model Law on International Commercial Arbitration, and it had resumed discussions on a draft model legislative provision revising article 7, paragraph (2) of UNCITRAL Model Law. The purpose of this paper is to make research on the contents and issues of the draft legislative provisions on interim measures and preliminary orders, and on the form of arbitration agreement which the Working Group discussed and adopted at its forth-fourth session(New York, 23-27 January 2006). The draft legislative provisions on interim measures and preliminary orders are composed of the following provisions : Article 17-power of arbitral tribunal to order interim measures; article 17 bis-conditions for granting interim measures; article 17 ter-applications for preliminary orders and conditions for granting preliminary orders; article 17 quater-specific regime for preliminary orders; article 17 quinquies- modification, suspension, termination; article 17 sexies-provision of security; article 17 septies-disclosure; article 17 octies-costs and damages; article 17 novies recognition and enforcements; article 17 decies-grounds for refusing recognition or enforcement; article 17 undecies-court-ordered interim measures. There are the following issues in the draft legislative provisions on interim measures and preliminary orders : form of issuance of an interim measures in article 17(2); conditions for granting interim measures in article 17 bis; purpose, function and legal regime of preliminary orders in article 17 ter; obligation of arbitral tribunal to give notice, and non-enforceability of preliminary orders in article 17 quater; burden of proof, interplay between article 17 decies and article 34, and decision on the recognition and enforcement of the interim measures in article 17 decies; placement of article 17 undecies; amendment of scope exception of application in article 1(2). The draft legislative provisions on the form of arbitration agreement are composed of the following provisions : article 7(1) definition of arbitration agreement; article 7(2) arbitration agreement in writing; article 7(3) arbitration agreement if its terms(content) are (is) recorded in any form; article 7(4) arbitration agreement by an electronic communication; article 7(5) arbitration agreement in an exchange of statements of claim and defence; article 7(6) reference to any document containing an arbitration clause. There are the following issues in the draft legislative provisions on the form of arbitration agreement : arbitration agreement in writing in article 7(2); terms or contents of arbitration agreement in article 7(3); arbitration agreement by electronic communication in article 7(4); existence of arbitration agreement in article 7(5); reference to any document containing an arbitration clause in article 7(6); the alternative proposal on article 7; amendment to article 35(2).

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A New Report of Anthurid Isopod (Crustacea, Isopoda, Anthuridae) from Korea

  • Kim, Sung Hoon;Yoon, Seong Myeong
    • Animal Systematics, Evolution and Diversity
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    • v.34 no.3
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    • pp.174-180
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    • 2018
  • In this study, Caenanthura engimatica (Kensley and Reid, 1984) is newly reported from Korea along with detailed description and illustrations. This species can be characterized by the following features: cephalon has a rostrum extending as long as anterolateral lobes; pereonites 4-6 have shallow middorsal pits; the mandible palp has 2 articles; article 1 of the mandible palp is twice longer than article 2; and the maxillipedal palp has 1-3 fused and 4-5 fused articles. This is the first report of C. engimatica beyond Arabian Gulf, the type locality, and Indian Ocean. Additionally, we proposed a revised key to known species of the genus Caenathura Kensley, 1978.

An Ecological Approach to Nutritional Research (영양학 연구의 생택학적 접근)

  • 문수재
    • Journal of Nutrition and Health
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    • v.34 no.1
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    • pp.98-111
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    • 2001
  • The article demonstrates a method of studying human health and nutrition by applying a multi-disciplinary approach and examines how humans developed and survived by adjusting to their environment. This process involves physiological, cultural and genetic adaptation both independently and interactively. This study postulates that a sound human health may be the result of balance between nutrition and environmental conditions. It is noted that there is a positive correlation between malaria and fava bean intake, and sickle cell anemia and cassava intake. It is also suggested that the difference in disease structure in soybean and non-soybean consumption cultures can be explained by an ecological approach to studying nutrition. This study further suggest that the relationship between nutrition and socio-cultural system. epidmiological study of nutrition and cultural environment nutrition and conceptual characteristics, nutrition and food intake pattern, nutrition and health sociological functions and the physioloical, cultural and genetic adaptation can all be stimulating research subjects to be studied form and ecological point of view. This article also includes the results from a series of ecological studies conducted by the author investigating the relationship between nutritional status of Korean breast-feeding mothers and the composition of the human milk and also the Vitamin D status of Korean and their lifestyle. (Korean J Nutrition 34(1):98-111, 2001)

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Mortality analysis of subtypes in acute ischemic stroke (허혈성 뇌졸중의 유형별 사망률 분석)

  • Ahn, Hyeyun;Park, Kwang-il;Lee, Sinhyung
    • The Journal of the Korean life insurance medical association
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    • v.33 no.2
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    • pp.12-14
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    • 2014
  • Worldwide, stroke is the 2nd or 3rd leading cause of death and a major health problem. Recent advances in medical technology have significantly improved diagnosis and treatment strategies of ischemic stroke. The ischemic stroke subtype is an important determinant of mortality and long-term prognosis of patients. To estimate excess-risks of the ischemic stroke subtype, recently published article, Korean cohort study of stroke, was used as a source article. According to mortality analysis methodology from American academy of insurance medicine, the overall mortality ratio and excess death rate was the highest in patients with SOD, followed by those with CE. Calculated mortality ratio and excess death rate for subtype in this review are SOD, 920%/34‰; CE 267%/34‰; UI 209%/25‰; UM 190%/23‰; UN 188%/15‰; LAA 162%/15‰; LAC 117%/3‰.

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