• Title/Summary/Keyword: common-consequence effect

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Restitution as the Consequence of Frustration under English Law and Korean Law in a Comparative Perspective

  • Joo-Hee Min;Ji-Hyeon Hwang
    • Journal of Korea Trade
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    • v.26 no.7
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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.

The Exploratory Study for the Effect of Good and Bad Luck on Risky Decision: Perspective of Probabilistic Framing Effect (행운과 불운이 모험적 의사결정에 미치는 효과에 대한 탐색적 연구: 확률적 틀 효과의 관점에서)

  • Lee, Byung-Kwan;Lee, Guk-Hee
    • Korean Journal of Cognitive Science
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    • v.26 no.3
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    • pp.279-300
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    • 2015
  • Present research was carried out on the level of exploration to verify that good luck increases probabilistic framing effect but bad luck decrease the effect. And we organized an experiment that designed experience of luck (good luck vs. bad luck vs. control) ${\times}$ probabilistic frame (high vs. low) and observed whether people response based on probabilistic frame or not. As a result, we observed the two-way interaction where experience of good luck increased probabilistic framing effect, while experience of bad luck decreased the effect (Figure 1). We expect to see more studies of contextual framing effect besides probabilistic frame (e.g., positive vs. negative; loss related to context vs. loss irrelevant to context).

A case of recurrent pyogenic cholangitis with herbal medicine (재발성화농성담관염에 대한 치험 1례)

  • Kim, Sung-Hwan;Hong, Sang-Hoon
    • The Journal of Internal Korean Medicine
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    • v.22 no.4
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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.

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Two-Step Suboptimal Filters for Linear Dynamic Systems

  • Ahn, Jun-Il;Minhas, Rashid;Shin, Vladimir
    • 제어로봇시스템학회:학술대회논문집
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    • 2005.06a
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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.

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A Study on the Period of Optimum Defrost of Auto Defrost Unit by the Forced Fan Evaporator (강제 송풍 증발기에 의한 자동제상장치의 최적제상시기에 관한 연구)

  • 구남열;이윤경;하옥남
    • Korean Journal of Air-Conditioning and Refrigeration Engineering
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    • v.15 no.4
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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.

On the Suitability of Centered and Upwind-Biased Compact Difference Schemes for Large Eddy Smulations (II) - Static Error Analysis - (LES에서 중심 및 상류 컴팩트 차분기법의 적합성에 관하여 (II) - 정적 오차 해석 -)

  • Park, No-Ma;Yoo, Jung-Yul;Choi, Hae-Cheon
    • Transactions of the Korean Society of Mechanical Engineers B
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    • v.27 no.7
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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.

Effect of soil physical properties on infiltration rate

  • Sajjadi, Sayed-Abdul-Hamid;Mirzaei, Maryam;Nasab, Afsaneh Fayyaz;Ghezelje, Amin;Tadayonfar, Gholamreza;Sarkardeh, Hamed
    • Geomechanics and Engineering
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    • v.10 no.6
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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.

A Study on Security Policy Violations of Organization Members (조직 구성원들의 보안정책 위반에 관한 연구)

  • Kim, Jong-Ki;Oh, Da-Woon
    • Informatization Policy
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    • v.25 no.3
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    • pp.95-115
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    • 2018
  • This study aims to examine organization members' intention to violate security policies based on the Person-Environment Fit Model. This study investigated the effect of the relationship between organizational security environment and the individual security value on the intention of organizational security policy violation. The security environments are classified into the organizational information security culture and peers' behavior of security compliance, while the personal values are classified into reconstructing the conduct, distorting the consequence, and devaluing the organization as presented in the moral disengagement theory. Based on the concept of the moral disengagement theory, we measured the individual security values as a second order factor. This study found that the information security culture had a statistically significant impact on devaluing the organization, but did not have as much impact on reconstructing the conduct and distorting the consequence. Peers' behavior of security compliance had a significant impact on reconstructing the conduct, distorting the consequence and devaluing the organization, all of which also had relevant impact on the organizational members' intention of security policy violation.This study measured a persons' perception on security policy breach by presenting scenarios of password sharing that is common in many organizations. This study is expected to make practical contributions, as it deals with challenges that many organizations are actually faced with.

A Study on Complex Architectural Color Characteristics and Change of Meaning Structure (복합적 의미의 건축 색채특성과 의미체계 변화에 관한 연구)

  • Lee Seon-Min;Lee Young-Soo
    • Korean Institute of Interior Design Journal
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    • v.14 no.6 s.53
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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.

Protective Effect of Joo-Juk on Acetaminophen-induced Liver Damage in Mouse Model (Acetaminophen 유도 간 손상에 대한 주적(酒敵)의 보호 효과)

  • Kim, Sung-Zoo;Kang, Hyung-Sub;Shin, Jae-Suk;Xie, Guang-Hua;Huh, Jin;Jang, Seon-Il
    • Herbal Formula Science
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    • v.17 no.2
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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.

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