• Journal of Korea Trade
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• 제26권7호
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• pp.93-108
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• 2022

Purpose - This paper examines the admissibility of restitution as the legal consequence where a contract is frustrated under the Law of Reform (Frustrated Contracts) Act 1943 in comparison with Korean Civil Code (KCC). In order to provide practical guidelines and advice regarding choice of and application of law for contracting parties in international trade, the paper comparatively evaluates requirements and the scope of restitution under the Act 1943 and KCC. Design/methodology - This paper executes a comparative study to analyze whether the parties may claim restitution of money paid or non-money benefit obtained before or after the time of discharge under English law and KCC. To achieve the purpose, it focuses on the identifying characteristics of each statute, thereby providing guidelines to overcome difficulties in legal application and interpretation as to restitution as the consequence of frustration. Findings - Under English law, the benefit may be restituted according to Art 1943 or the common law rule, mistake of fact or law. Under the KCC, restitution is considered based on the principle of the obligation to recover the original obtained regardless of the time when the benefit is conferred. Whilst Act 1943 does not require careful analysis of the grounds of restitution, requirements to justify restitution according to the principle of unjust enrichment, mistake of fact or law, and the KCC should be met. Meanwhile, the KCC may provide more opportunities to award restitution because it does not require the burden of proof related to the defendant's good faith, unlike the principle of unjust enrichment. Originality/value - Where the contract is frustrated by the effect of COVID-19, one legal issue is a consequence of frustration. Therefore, this paper analyzes requirements and the scope of restitution under English law as compared with the KCC in a timely manner. It provides contracting parties with practical guidelines and advice to reduce unpredictability when they choose the governing law in a contract.

• 인지과학
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• 제26권3호
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• pp.279-300
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• 2015

본 연구는 탐색적 수준에서 행운이 확률적 틀에 의한 의사결정 경향을 강화시키고, 불운이 이러한 경향을 약화시킨다는 예측을 검증한 것이다. 이를 위해 운 경험(행운 vs. 불운 vs. 통제) ${\times}$ 확률적 틀(높음 vs. 낮음)을 조작한 후, 사람들의 확률적 틀에 의한 의사결정 경향성에 차이가 있는지 관찰하였다. 결과적으로 행운 경험은 확률적 틀에 의한 의사결정 경향을 증가시키고, 불운 경험은 확률적 틀에 의한 의사결정을 약화시키는 이원상호작용을 관찰할 수 있었다(그림 1). 본 연구를 시작으로 확률적 틀 이외의 맥락적 틀(e.g., 긍정 vs. 부정; 맥락에 부합하는 손실 vs. 맥락과 무관한 손실)에 대한 의사결정에도 행운과 불운이 어떻게 영향을 미치는지 확인하는 연구들이 이어지길 기대한다.

• 대한한방내과학회지
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• 제22권4호
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• pp.761-764
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• 2001

Recurrent Pyogenic Cholangitis(RPC) is a distinct clinical entity characterized by recurrent attacks of fever, chills, abdominal pain, and jaundice caused by bacterial infection. In 27, July, 2000, We treated a 40-year-old male patient, complained of these symptoms : severe abdominal pain, fatigue, indigestion, interval chilling. We diagnosed as stagnation of the liver-qi and Qi(肝鬱氣滯), gave herbal medicine composited with Herba Lysimachiae(金錢草), Spora Lygodii(海金沙), Herba Artemisiae Scopariae(茵蔯).etc. After treatment, main symptoms were disappeared and stone of common bile duct was removed. As a consequence, herbal medicine treatment was not toxic to liver function and good effect on RPC induced symptoms.

• 제어로봇시스템학회:학술대회논문집
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• 제어로봇시스템학회 2005년도 ICCAS
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• pp.16-21
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• 2005

This paper considers the problem of state estimation in linear continuous-time systems with multi-sensor environment and observation uncertainties. We propose two suboptimal filtering algorithms for these types of systems. The filtering algorithms consist of two steps: The local optimal Kalman estimates are computed at the first step. And, these local estimates are lineally fused at the second step. The implementation of the two-step filtering algorithms needs a lower memory demand than the optimal Kalman and adaptive Lainiotis-Kalman filters. In consequence of parallel structure of the proposed filters, the parallel computers can be used for their design. The examples exhibit the effect of common noise on the performance of fusion of the local Kalman estimates based on observations from different sensors and in the presence of uncertainties.

• 설비공학논문집
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• 제15권4호
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• pp.329-335
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• 2003

This study is on a experiment which shows to defrost automatically on the optimum time regardless of defrosting method. The result shows that the more defrost layers increase in fin tubes of evaporation, the less the section of the circulating air reduce. Thickness of the frost formation increases, so a pressure difference of ventilation increase, as a result automatic defrosting system sets the time COP drops suddenly up optimum time. Automatical defrosting system can find out the initial related current of evaporator fan motor and the value of load current in the optimum time. And it sets defrosting time, evaporating temperature, and temperature in refrigerator up system requiring value. Consequence of this experiment is that energy consumption with defrost load gets effect of reduction of eleven percent per 25.4 hours compared with common defrosting.

• 대한기계학회논문집B
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• 제27권7호
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• pp.984-994
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• 2003

The suitability of high-order accurate, centered and upwind-biased compact difference schemes for large eddy simulation is evaluated by a spectral, static error analysis. To investigate the effect of numerical dissipation on LES solutions, power spectra of discretization errors are evaluated for isotropic turbulence models in both continuous and discrete wavevector spaces. Contrary to the common belief, the aliasing errors from upwind-biased schemes are larger than those from comparable non-dissipative schemes. However, this result is the direct consequence of the definition of the power spectral density of the aliasing error, which poses the limitation of the static error analysis for upwind schemes.

• Geomechanics and Engineering
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• 제10권6호
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• pp.727-736
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• 2016

Excessive rainfall can cause runoff flows over the soil surface and as a consequence some amount of water will infiltrate into the soil. From a hydrologic modeling perspective it is necessary to estimate infiltration rate in order to calculate the actual runoff discharge. There are many parameters that can affect the infiltration rate such as soil texture, moisture and compaction. However, the most common equations used in hydrological calculations for estimating the infiltration rate do not consider the soil properties directly and estimate infiltration rate without any soil properties expressions. The purpose of this research was to investigate the relations between infiltration rate and soil texture, moisture and compaction. To achieve this purpose an experimental study was performed to show the effect of soil properties and their relations on infiltration rate by using non-linear regression.

• 정보화정책
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• 제25권3호
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• pp.95-115
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• 2018

본 연구는 조직 구성원들의 보안정책 위반의도를 설명하기 위해 사람-환경 적합 모델(P-E Fit Model: Person-Environment Fit Model)을 기반으로 연구하였다. 보안정책 위반의도에 있어서 조직이 제공하는 보안 환경과 보안에 대한 개인의 가치 간 관계가 어떤 영향을 미치는지 설명하고자 하였다. 조직 구성원이 관찰할 수 있는 보안 환경을 조직의 정보보안 문화와 동료의 보안 준수 행동으로 설정하였고 보안에 대한 개인적 가치는 도덕 이탈 이론에서 제시하는 행동의 재구성, 결과의 왜곡, 조직의 가치감소로 설정하였다. 도덕 이탈 이론의 구성 개념을 바탕으로 조직원의 보안 위반에 대한 인식을 2차 요인(Second Order)으로 측정하였다. 인식의 측정은 조직 내에서 흔히 일어날 수 있는 패스워드 공유 상황을 시나리오로 제시하여 설문을 조사하였다. 연구 결과, 정보보안 문화가 조직의 가치감소에 통계적으로 유의한 영향을 미쳤으나 행동의 재구성과 결과의 왜곡에는 유의한 영향을 미치지 않았다. 동료의 보안 행동은 보안 위반 행동에 대한 재구성, 결과의 왜곡, 조직의 가치감소에 유의한 영향을 미쳤으며 행동의 재구성, 결과의 왜곡, 조직의 가치감소는 조직원의 보안정책 위반의도에 유의한 영향을 미쳤다. 본 연구는 실제 조직 내에서 발생하는 문제를 적용했다는 점에서 실무적인 기여도가 있을 것으로 판단된다.

• 한국실내디자인학회논문집
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• 제14권6호
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• pp.212-219
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• 2005

As the development of digital and technological sophistication, architectural speculation hierarchy had been more and further diversified and brought on the changes with system of architectural color meaning. Architectural color had been influences on evocation of effect and meaning by association, had the attributes of communication with human being, in common with precision, non-verbal and non-quantitative creative field. Color could not been defined as one conclusively standard symbol and figured out in inter-relationship with correlation, mental status and interaction. Color in architecture could been promptly defined as the tool of visualization in building or structure through the essential criterion to be measured with shape, space and author's thought. In consequence, color in architecture could been re-defined as the speculation concept for real characteristics creation(color as design factors on architect and color to be expressed by program) in itself, and color supporting system as for transposition of light and space enlargement scheme. Consequently, color in architecture could been turnover from perceived color to anthropological color through the real value creation scheme in itself.

• 대한한의학방제학회지
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• 제17권2호
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• pp.123-132
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• 2009

Acetaminophen (AP) is widely used as an over-the-counter analgesic and antipyretic drug. AP-induced hepatotoxicity is a common consequence of AP overdose and may lead to acute liver failure. In this study, we investigated the liver damage in mice using single dose (300 mg/kg) of AP and the possible protective effects of administration (50-200 mg/kg body weight) of Joo-Juk on acetaminophen-induced liver damage in mice. The alanine aminotransferase (ALT), and aspartate aminotransferase (AST) activities were determined in the plasma of mice. The effect of Joo-Juk on lipid peroxidation product thiobarbituric reacting substances (TBARS) and some antioxidant enzymes superoxide dismutase (SOD), catalase, d-aminolevulinate dehydratase ($\sigma$-ALA-D) activities, and gluthathione peroxidase (GPx), were also evaluated in the mouse liver homogenate. AP caused liver damage as evident by statistically significant increased in plasma activities of AST and ALT. There were statistically significant losses in the activities of SOD, catalase, $\sigma$-ALA-D, and GPx and an increase in TBARS in the liver of AP-treated group compared with the control group. However, Joo-Juk was able to counteract these effects. These results suggest that Joo-juk can act as hepato-protectant against AP toxicity and is a good candidate for further evaluation as an effective chemotherapeutic agent.