• Title/Summary/Keyword: common law

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A Study on the Inclusion of Standard Terms under the CISG (CISG상 약관의 계약편입에 관한 연구)

  • Lee, Byung-Mun;Ko, Sang-Hoon
    • Korea Trade Review
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    • v.42 no.1
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    • pp.257-281
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    • 2017
  • It becomes a common feature of business practices in International Trade to use a standard terms for the formation of their contracts. However, because of differences in legal systems, business practices and so on in their own countries, there have been many conflicts and disputes happening between parties concerned in International Trade. The CISG, which has long been used as the governing law in many cases of International Trade, could not be free from those conflicting issues in its usage and application. This study analyzes the "Black Letter Rules" which was adopted by CISG Advisory Council in 2013 to provide an effective way of resolving the conflicting issues regarding the inclusion of standard terms in International Trade Contracts under the CISG. This study scrutinizes, the relevant rules and requirements for the inclusion of standard terms into a contract. It also deals with the offeror's duty of making clear reference to the standard terms, transmitting the contents of standard terms to the other party. As the other rules for the inclusion of standard terms, this study reviews the principle of denying the inclusion of standard terms after the formation of contracts, exclusion of surprising or unusual terms, preference of individually negotiated terms to the standard terms, contra preferentum rule and preference of the "knock-out rule" to "last-shot rule" in resolving the issue of so called, "Battle of Forms." Lastly, on the basis of analyzed opinion, this study suggests the practical implications for the people working at International Trade-related business sector to facilitate International Trade.

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A Study on the Subject Selection of Adjunct-Structure in 『Zi-Ping-Zhen-Quan』 (『자평진전』 겸격(兼格)의 주체 선정에 관한 연구)

  • Won-Ho Choi;Ki-Seung Kim
    • Industry Promotion Research
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    • v.8 no.3
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    • pp.153-162
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    • 2023
  • Shen-Xiao-Zhan's 『Zi-Ping-Zhen-Quan』, which is called a commentary on Chart-Structure in MyungLiollgy, After selecting the Chart-Structure and classifying the good luck and bad luck of the case, the Phase-usage is set up according to the principle of Shun reverse. At this time, if two or more the sky symbol hidden in the ground of Monthly intertwine to form several Structure and become Adjunct-Structure, the subject of Structure must be finally known to set up Phase-usage and succeed Structure and failure can be judged. However, in 『Zi-Ping-Zhen-Quan』, only the structure and meaning of Adjunct-Structure were explained, and the method of determining the final subject of Adjunct-Structure was not described. This researcher reviewed various literatures for a study on selecting the subject of Adjunct-Structure, and compared and analyzed various actual cases of Adjunct-Structure by dividing them into Monthly and Chart-Structure. Common results related to the type of sign of the land that met with Monthly, the energy force of the sky sign projected from the sky symbol hidden underground in Monthly and the strength and weakness of the body were drawn. and the law was organized subjectively. It is believed that the results of this study will serve as an opportunity to reduce the confusion of Adjunct-Structure.

An Analysis of the Choice of Wedding Time Based on the Gimundungap Theory (기문둔갑으로 보는 혼인 택일법의 사례분석)

  • Cheong-Ha Lee;Ki-Chan Kim
    • Industry Promotion Research
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    • v.8 no.1
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    • pp.119-134
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    • 2023
  • An Analysis of the Choice of Wedding Time Based on the Gimundungap Theory. The purpose of this study is to research the utility and validity of wedding time selection based on the principles of Ungokgimun, a recent development of Gimundungap theory. Unlike the conventional way of choosing from common auspicious hours and days deemed available for important ceremonial occasions, Ungokgimun determines the propitious heavenly wedding time catered for a particular couple based on the birth table consisting of the four pillars of the bride- and groom-to-be. Using the Hong Guk-soo numbers which are drawn from the basic principles of oriental philosophy, it utilizes a deductive approach to wedding time choice, which is considered decisive and logical. Wedding time selection for a bride and a bridegroom is determined by auspicious combinations of matching and supporting HongGuk-soo numbers. Some relevant determining factors for the time choice are three number combination of samhap, two number combination of half-hap, latitudinal combination of yuk-hap, support and control relationships between related elements, two number punishment of hyung-sal, and three number punishment of samhyung-sal, etc. The specific auspicious palace of the spouse-to-be's luck is selected on the basis of supporting or brotherly combination of numbers which are manifested on the baseline earthly plate of the bride- and groom-to-be. This is followed by the selection of the ten-year luck, and year and month luck, and finally by the selection of auspicious day and hours. The validity of this study was verified through theoretical consideration of the Ungokgimun and practical analysis of a variety of marriage cases. It was found that the way of wedding time selection using Ungok Gimundungap was relatively more effective than other conventional methods.

Recent Trends in the Withdrawal of Life-Sustaining Treatment in Patients with Acute Cerebrovascular Disease : 2017-2021

  • Seung Hwan Kim;Ji Hwan Jang;Young Zoon Kim;Kyu Hong Kim;Taek Min Nam
    • Journal of Korean Neurosurgical Society
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    • v.67 no.1
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    • pp.73-83
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    • 2024
  • Objective : The Act on Life-Sustaining Treatment (LST) decisions for end-of-life patients has been effective since February 2018. An increasing number of patients and their families want to withhold or withdraw from LST when medical futility is expected. This study aimed to investigate the status of the Act on LST decisions for patients with acute cerebrovascular disease at a single hospital. Methods : Between January 2017 and December 2021, 227 patients with acute cerebrovascular diseases, including hemorrhagic stroke (n=184) and ischemic stroke (n=43), died at the hospital. The study period was divided into the periods before and after the Act. Results : The duration of hospitalization decreased after the Act was implemented compared to before (15.9±16.1 vs. 11.2±18.6 days, p=0.127). The rate of obtaining consent for the LST plan tended to increase after the Act (139/183 [76.0%] vs. 27/44 [61.4%], p=0.077). Notably, none of the patients made an LST decision independently. Ventilator withdrawal was more frequently performed after the Act than before (52/183 [28.4%] vs. 0/44 [0%], p<0.001). Conversely, the rate of organ donation decreased after the Act was implemented (5/183 [2.7%] vs. 6/44 [13.6%], p=0.008). Refusal to undergo surgery was more common after the Act was implemented than before (87/149 [58.4%] vs. 15/41 [36.6%], p=0.021) among the 190 patients who required surgery. Conclusion : After the Act on LST decisions was implemented, the rate of LST withdrawal increased in patients with acute cerebrovascular disease. However, the decision to withdraw LST was made by the patient's family rather than the patient themselves. After the execution of the Act, we also observed an increased rate of refusal to undergo surgery and a decreased rate of organ donation. The Act on LST decisions may reduce unnecessary treatments that prolong end-of-life processes without a curative effect. However, the widespread application of this law may also reduce beneficial treatments and contribute to a decline in organ donation.

Bibliometric Analysis on Health Information-Related Research in Korea (국내 건강정보관련 연구에 대한 계량서지학적 분석)

  • Jin Won Kim;Hanseul Lee
    • Journal of the Korean Society for information Management
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    • v.41 no.1
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    • pp.411-438
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    • 2024
  • This study aims to identify and comprehensively view health information-related research trends using a bibliometric analysis. To this end, 1,193 papers from 2002 to 2023 related to "health information" were collected through the Korea Citation Index (KCI) database and analyzed in diverse aspects: research trends by period, academic fields, intellectual structure, and keyword changes. Results indicated that the number of papers related to health information continued to increase and has been decreasing since 2021. The main academic fields of health information-related research included "biomedical engineering," "preventive medicine/occupational environmental medicine," "law," "nursing," "library and information science," and "interdisciplinary research." Moreover, a co-word analysis was performed to understand the intellectual structure of research related to health information. As a result of applying the parallel nearest neighbor clustering (PNNC) algorithm to identify the structure and cluster of the derived network, four clusters and 17 subgroups belonging to them could be identified, centering on two conglomerates: "medical engineering perspective on health information" and "social science perspective on health information." An inflection point analysis was attempted to track the timing of change in the academic field and keywords, and common changes were observed between 2010 and 2011. Finally, a strategy diagram was derived through the average publication year and word frequency, and high-frequency keywords were presented by dividing them into "promising," "growth," and "mature." Unlike previous studies that mainly focused on content analysis, this study is meaningful in that it viewed the research area related to health information from an integrated perspective using various bibliometric methods.

Lifelong Education Promotion Basic Plan Analysis (평생교육 진흥 기본 계획 분석)

  • Yoon Ok Han
    • The Journal of the Convergence on Culture Technology
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    • v.10 no.5
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    • pp.117-126
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    • 2024
  • Lifelong education also plays a big role in promoting social inclusion. By providing equal educational opportunities to people from various social classes, regions, and cultural backgrounds, we reduce social inequality and help all individuals reach their full potential. Through lifelong education, a culture of continuous learning can be established throughout society. The importance of learning will be emphasized, and the attitude of pursuing knowledge and wisdom will become common. The purpose of this study is to suggest a direction for the development of national lifelong education by comparing and analyzing the basic plan for promoting lifelong education from the 1st to the 5th. As a result of the study, it has contributed greatly to the development of national lifelong education by developing the lifelong education promotion basic plan from the 1st to the 5th. If the 5th Basic Plan for Lifelong Education is faithfully implemented, it will contribute to the development of national lifelong education in many areas, and in addition to this, the direction of development of national lifelong education is emphasized. First, the strengthening of the use of digital technology. Second, it is necessary to strengthen cooperation with industries. Third, it is necessary to improve the financial support and scholarship system. Fourth, diversification of curriculum. Fifth, expansion of community participation. Sixth, reinforcement of self-directed learning. Seventh, laws related to lifelong education need to be improved.

Mercury Contents of Paddy Soil in Korea and its Uptake to Rice Plant (우리나라 논 토양 중 수은함량과 벼 흡수이행)

  • Park, Sang-Won;Yang, Ju-Seok;Kim, Jin-Kyoung;Park, Byung-Jun;Kim, Won-Il;Choi, Ju-Hyeon;Kwon, Oh-Kyung;Ryu, Gab-Hee
    • Journal of Food Hygiene and Safety
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    • v.23 no.1
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    • pp.6-14
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    • 2008
  • Objective of this study was to investigate the residual levels of mercury (Hg) in soil for "Top-rice" area and its uptake into rice plant for making sure food safety as compared to "Top-rice" & common rice produced from 2005 to 2006. Hg was analyzed with the direct mercury analyzer (DMA 80, Milestone, Italy), which implements the US/EPA method 7473. The average concentration of Hg in paddy soil was 0.031 mg/kg, which was below at 1/25-1/65 fold of the threshold levels (concern level 4 mg/kg, action level 10 mg/kg) for soil contamination designated by "The Soil Environment Conservation Law" in Korea. The maximum residue level (MRLs) for Hg residue in the polished rice is not designated in Korea. Therefore, Hg contents in the polished rice of "Top-rice" brand and common rice were compared to other country's criteria. Hg contents in the polished rice of "Top-rice" brand was 0.0018 mg/kg, which was lower at 1/10-1/30 fold than the MRLs, 0.02 mg/kg of China criteria and 0.05 mg/kg of Taiwan criteria, respectively. Hg were 0.02788, 0.00896, 0.00182, 0.00189, 0.00166, 0.00452 and 0.00145 mg/kg in soil, rice straw, unhulled rice, rice hulls, brown rice, rice bran, and polished rice produced in 2006 "Top-rice" area, respectively. For the ratio of Hg as compared to Hg contents in soil, there were 0.321 of rice straw ${\gg}$ 0.162 of rice bran ${\gg}$ 0.068 of rice hulls > 0.065 of unhulled rice > 0.060 of brown rice> 0.052 of polished rice. And, the slope of Hg uptakes was steeped as following order; rice straw ${\gg}$ rice bran ${\gg}$ rice hulls > unhulled rice > brown rice > polished rice. It means that the more slope steeped was the more uptakes. For the distribution of Hg uptaken, there was 83.8% into rice straw, and 16.2% into unhulled rice, 2.8% into rice hulls, 12.4% into brown rice, 3.5% into rice bran and 9.7% into polished rice. Consequently, it was appeared that the Hg contamination in the polished rice should not be worried in Korea.

Birth and Infant Death Reporting System via Computer Network (출생 및 영아사망 신고체계 및 전산정보체계 개발)

  • Park, Jung-Han;Lee, Young-Sook;Rhee, Jung-Ae;Cho, Hyun;Chung, Young-Hae;Park, Soon-Woo;Jun, Hae-Ri
    • Health Policy and Management
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    • v.8 no.2
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    • pp.125-148
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    • 1998
  • Accurate vital statistics are essential for a national health planning and evaluation. Among various vital statistics, birth and death rates, and infant and matemal mortality rates together with the causes of death are the very basic ones for above purposes as well as for the maternal and child health management. These statistics are based on the birth and death reports. It is required by law to report every birth and death within one month after its occurrence. However, in case of a neonatal death occurring prior to the birth report, most of the birth and death are not reported. Thus accurate infant and maternal mortality rates are not available yet in Korea. The main objective of this study is to develop a birth and infant death reporting system via computer network. We designed a new birth report form based on the current form and data from the analysis of medical record forms of 14 hospitals. A new form is basically addition of essential medical information to the current birth report form. Since a revision of the rules and regulations related wtih the birth report is necessary to use a new form, we kept the current from intact to make it acceptable to the government office for a field trial. We also developed computer programs for data input for birth and death reports at a medical faciltiy, data processing for production of maternal and child health indices at a health center, and management of maternal and child health services including immunization and postantal care at health center. The birth certificate and birth report can be printed out at a medical facility. The computer packages were programmed by Borland Delphi 3.0 and can be run under Windows 95 system. We proposed a new birth and death reporting system via computer network after a field trial for data input, transmission, and processing. The medical and demographic data o birth and death at medical facilities will be sent to health centers directly via computer network. The health center will retain the medical data for analysis and forward only the data for birth and death reports required by current regulations to the Dong, Up, or Myun Office. Once the birth or death is reported via computer network to the Dong Office, then the Dong Office will notify the baby's mother of the birth report and request to submit the baby's name by mail. When the baby's name its submitted. the Dong Office will forward the birth reports to the Common Court and Statistics Agency in the same way as the current system, Upon the completion of birth registration of the Common Court, the court will issue the birth certificate to mother which will be used in lieu of the family record. The advantages of proposed birth and death reporting system via computer network ar as follows ; I) The accuracy, timing, and completeness of reporting will be improved and more accurate maternal and child health indices can be obtained, ii) The maternal and child health services of health center will be obtained, iii) Epidemiologic data for pregnancy and birth can be obtained, iv) Manpower for birth and death reporting will be saved.

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Determinants of Demand for Long-Term Care (장기요양서비스 수요의 결정요인)

  • Chung, Wankyo
    • KDI Journal of Economic Policy
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    • v.31 no.1
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    • pp.139-167
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    • 2009
  • A new public insurance for long-term care was introduced in July 2008 to provide for the rising demand for long-term care as the population is aging rapidly. The demand for long-term care is expected to rise further because more and more elderly are living alone or in households with only other elderly, such as his/her spouse, without informal care of their adult children. Even when the elderly are living together with their adult children, daughters and daughters in law, once the main informal care-givers, are not available because they choose to become economically active and work more over time. Experiences of countries such as Japan and Germany with similar public long-term care insurance scheme highlight the importance of detailed analysis on the demand for long-term care for the financial stability of the insurance scheme. Countries which had underestimated the demand for long-term care at the time of adopting the scheme went through financial instability of insurance schemes. This study analyzes the determinants of the demand for long-term care using data from the second demonstration project (April 2006~April 2007) of the long-term care insurance scheme for the elderly in Korea. Taking full advantage of detailed data on the long-term care, this paper analyzes the eligibility for the long-term care insurance scheme and its use. According to study results, even when common diseases among the elderly such as cancer, diabetes, arthritis, dementia, hypertension, etc. are controlled together with other individual and socioeconomic factors, limitations the elderly are faced with in their twelve activities of daily living significantly affect the eligibility for the Korean Long-term Care Insurance Scheme. This means that limitations in daily living activities are more critical than common diseases among the elderly are to the eligibility for the Korean Long-term Care Insurance Scheme. Bathing and toileting problems have been found to be the most important factor affecting the eligibility for the insurance scheme, followed by eating, dressing and moving around inside the house. Moreover, the choices of whether to use long-term care and which to use between home care and institutional care are found to be significantly influenced by health status and various socioeconomic factors of the elderly. In particular, those with more limitations in daily living activities and the female elderly are more likely to use long-term care and institutional care rather than home care. As for home care users, those living alone or with adult children and those with monthly household income of more than 500,000 won are more likely to use home care. Most importantly, even when the monthly household income of the elderly is controlled, the elderly recipients of the National Basic Living Security, who are not charged for long-term care, are more likely to choose home care. This implies that price as well as income is a critical factor for the decision to use long-term care. Further study on the duration of long-term care use will surely enhance the long-term care policy, when panel data is available for simultaneous analysis of the likelihood of long-term care use and its use duration.

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The Acquisition, Construction and Common Use of Modern and Post-modern Document DB in the NAK, NIKH, and AKS (근·현대 지역사료 수집, DB 구축 및 공동 활용 - 국가기록원, 국사편찬위원회, 한국학중앙연구원을 중심으로 -)

  • Kang, Soon-Ae
    • Journal of Korean Society of Archives and Records Management
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    • v.8 no.2
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    • pp.39-60
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    • 2008
  • This paper deals with the four aspects of the acquisition, construction and common use of modern and post-modern document DB in the NAK, NIKH, and AKS. First, The concept of Korean regional history includes provincial history, local history and regional history and as far as modern and post-modern history is concerned, the concept of regional history is on expansion. Second, National Archives of Korea has been systematically collecting and managing modern and post-modern regional history records in compliance to Public Institutes Records Management Law, enacted in 1999 and currently is in charge of handling public records of 373 central government administration offices, 514 regional government offices, Office of Education, universities and of other public agencies. National Institute of Korean History is working on a ten year project from 2004 to collect the scattered modern and post-modern regional history records and to classify them regionally and thematically. The Academy of Korean Studies has been collecting modern and post-modern regional history records and collection was initiated by Modern History Research. Those records that are collected from 1997 and 2005 are mainly from the liberation period. Third, characteristics of Central Archives Management System and Nara Records Portal System of NAK, Korean History Database System of NIKH and of The AKS' Korean Provincial Culture Electronic Encyclopedia are elaborated. Fourth, establishing 'Modern and Post-modern Regional History Records Council' as an affiliated organization of National Archives Management Committee is recommended, NAK leading the council and promoting further cooperation. In this section, an emphasis on allotted tasks of three institutes in order to achieve technology development for digitalized resource sharing, to improve on contents and to promote public and international use is placed as well.