• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.28
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• pp.91-117
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• 2005

The purpose of this paper is to examine practical and legal considerations in the choice of the "Seat of Arbitration". As the selection of the "Seat of Arbitration" in an international commercial contract is vital both judicially and practically, so to speak, in terms of enforceability of award, judical interference in arbitration proceedings, relative convenience and expense, and the selection of arbitrators, the selection should be carefully considered and examined. In case of institutional arbitration, when the arbitration clause does not nominate the seat, the administrator or the secretariat of the institution or the arbitrator tribunal would usually determine the seat. On the contrary in case of ad hoc arbitration, Unless otherwise agreed by the parties, the "Seat of Arbitration" would be determined according to the rules which are selected by parties or their arbitrators. To avoid confusing situation about the selection of the seat, this writer would like to recommend ICC or LCIA with each Standard Arbitration Clause. If the parties want any national arbitration institution because of the expenses incurred in international institution, AAA or CEPANI is recommendable in terms of the reputation, operating system and recognized performance. Specially ICC Court of Arbitration usually examines the award before it is issued, so the enforceablity would go up. Thus when the parties lay down the arbitration clause in their contract they should confirm whether the "Seat of Arbitration" is fixed or not. If not, at least they should examine the arbitration rules which would be applied, and know in advance how the seat be determined.

• International Journal of Computer Science & Network Security
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• v.22 no.2
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• pp.424-435
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• 2022

When the owners of the intellectual property rights of digital content have lost control over it in the digital environment, there emerged fears that the intellectual property laws, especially copyright law, would not be effective as in the material (Offline ) world. The reason is that the digital environment helps to reproduce copies in high quality and at almost no cost, while copyright law protection has been limited to programs embedded in CDs. According to copyright laws, the owner of the program did not have the right to prevent buyers of the initial physical copy of the program from copying and reselling it to more than one individual without the permission of the original owner. As a result, business owners have invented the idea of licensing digital content and programs instead of selling them. They set out terms that serve their commercial interests regardless of their abuse to intellectual property laws or even the rules of the traditional contract to sell a material property. The abuse has resulted from the way those terms are concluded and the heavy rules that are unfair to consumer rights. Therefore, business owners insisted on dealing with the website and its programs and digital content as material property. Here raises the question of whether the website and its digital content are subject to the protection of copyright law or the rules of the traditional contract or licensing contracts. As the answer to this question affects the protection of consumer rights, is it possible to find a balance between it and the protection of the owners of digital programs' rights.That is what we will discuss in this paper.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.15
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• pp.33-57
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• 2001

Although the parties did not expressly incorporate Incoterms into their contracts, Incoterms which have reflected a generally authorized principles and custom might be a part of sale contract. As indication of Introduction in Incoterms 2000, although the D-terms are different in nature from the C-terms, since the seller according to the D-terms is responsible for the arrival of the goods at the agreed place or point of destination at the border or within the country of import. Therefore, according to importance of Incoterms, although Incoterms 2000 have been revised in line with the most current commercial practice, because mentioned problems in this paper can be raised, they must be revised through Introduction, Rules or Guide Book of Incoterms.

• Plant Journal
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• v.5 no.1
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• pp.51-59
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• 2009

The global plant construction market has grown dramatically since 2000. As the market grows, domestic EPC contractors are expanding to meet its needs and have made great strides in terms of economic indicators from a decade ago. Larger projects involve a number of risk factors, such as volatile oil prices, however, and thus require quantitative and elaborate project management techniques for the ultimate success of a project's profitability. In addition, many Korean companies face difficulties in predicting potential risks and problems due to a lack of experience in dealing with the global market trend toward projects based on the Cost-re(Cost Reimbursable) contract as opposed to those based on the LSTK(Lumpsum Turnkey) contract. This study will examine methods and types of man-hour management according to plant project contract types. Further, it will explore the man-hour management system for successful completion of projects by satisfying the client's needs and enhancing the convenience in engineers' using the system. Additionally, this study will analyze the current system and identify its problems to address potential problems.

• Journal of Korea Society of Digital Industry and Information Management
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• v.4 no.4
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• pp.41-49
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• 2008

Sensor networks are often deployed in unattended environments, thus leaving these networks vulnerable to false data injection attacks in which an adversary injects forged reports into the network through compromised nodes. Such attacks by compromised sensors can cause not only false alarms but also the depletion of the finite amount of energy in a battery powered network. In order to reduce damage from these attacks, several security solutions have been proposed. Researchers have also proposed some techniques to increase the energy-efficiency of such security solutions. In this paper, we propose a CH(Cluster Header) selection algorithm to choose low power delivery method in sensor networks. The CNP(Contract Net Protocol), which is an approach to solve distribution problems, is applied to choose CHs for event sensing. As a result of employing CNP, the proposed method can prevent dropping of sensing reports with an insufficient number of message authentication codes during the forwarding process, and is efficient in terms of energy saving.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.89-109
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• 2011

Among various export financing, forfaitng and factoring give a comfort to exporters as those special financing schemes are extended to them on a without recourse basis. This is good for the exporters in terms of financing and risk cover of buyer or LC issuing banks. To enjoy this benefit, the SME exporters should, however, know the risks involved in sales contract. For example, if the export and importer set Korean law as governing law in the sales contract especially for open account exports, the exporter's receivables might be not welcome by factors according to provisions of Korean Conflict Law and it's application. Those regulations tell that the factor's position would be unstable when the sales contact limit exporter's assignment of receivables to the factor when the sales contract is subject to Korean law. Also the exporters should know related regulation of importer which might affect the assignment of receivables as well. This paper suggests the Korean exporters take internationally recognized agreement/convention such as UNI|DROIT Convention on International Factoring, UN Convention on the Assignment of Receivables in International Trade.

• PNF and Movement
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• v.14 no.1
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• pp.59-65
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• 2016

Purpose: The purpose of this study was to review articles in order to establish optimal contraction intensity and duration in the performance of relaxation techniques for maximal increase in range of motion. Methods: The Cochrane, EBSCO, Embase, Medline, ProQuest, PubMed, ScienceDirect, and Scopus databases were used to search articles from 1990 to January 2016. The search terms were "contract relax," "hold relax," "muscle energy technique (MET)," and "proprioceptive neuromuscular facilitation (PNF) stretching." Only experimental human studies (randomized controlled trials) that compared the effects of varying intensity and duration of isometric contraction were included. Non-English language and unpublished studies were excluded. Results: A total of 2,156 articles were initially identified, with only five eventually meeting the inclusion and exclusion criteria. Three studies compared the effects of varying intensity in isometric contraction and two studies compared the effects of varying duration in isometric contraction with regard to range of motion (ROM). Two articles suggested that submaximal voluntary isometric contraction was more effective than maximum voluntary isometric contraction (MVIC) in the improvement of ROM. One article showed that a longer contraction time led to greater increases in ROM. Conclusion: Submaximal voluntary isometric contraction was recommended during contract-relax exercises in healthy people. Lack of evidence makes it difficult to suggest the optimal duration of isometric contraction during relaxation techniques. For future research, high-quality evidence will be needed to establish the optimal contraction intensity for maximum improvement of ROM.

• East Asian Economic Review
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• v.18 no.1
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• pp.29-54
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• 2014

The purpose of this research is to identify the relation between OFDI (Outward Foreign Direct Investment) and wage inequality. In order to analyze various effects of OFDI on wages depending on the types of workers, the research classified laborers into four categories: permanent/skilled worker, permanent/unskilled worker, temporary/skilled worker, and temporary/unskilled worker. With controlling wage-determining factors such as education, labor union, individual fixed-effect, and industry-level effect, this paper examines whether OFDI attributes to the wage inequality among each type of workers. Moreover, this study also analyzes possible effects on wages that could vary according to the different characteristics of investments by classifying OFDI into two groups: OECD and non-OECD. The results reveal that OFDI makes certain differences according to skill-intensity and contract type in terms of influences on wages. It also shows that the effect of OFDI on wages is more subject to contract type than to skill-intensity. The classification of OFDI into OECD and non-OECD proves that effects on wages can vary by characteristics of the subject of investment.

• International Journal of Computer Science & Network Security
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• v.21 no.11
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• pp.189-192
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• 2021

The article is devoted to the issue of the content of legal instruments in terms of tourism business, namely the problems of legal regulation of insurance in tourism. The analysis of the state of development of the problem in question shows that the issue of legal regulation of the insurance contract in general and the contract in tourism services, in general, is insufficiently studied. The article is devoted to topical issues of legal regulation of insurance in the field of tourism, the search for effective mechanisms to increase the liability of both underwriters and insurers. Therefore, insurance can be considered as one of the methods of preventing unfortunate consequences during the implementation of tourism activities. The author's vision of the content of the package of measures that can positively influence not only the development of the tourist industry in general but primarily to help identify those legal segments that need improvement in the future has been stated.

• Korean Journal of Oriental Medicine
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• v.10 no.1
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• pp.49-61
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• 2004

The Standardization of terms in The Pulse studies(脈學) is a need for development of learning. This study, for the correction of existing misused terms in The Pulse studies, we study on modernly and objectively the terms in The Pulse studies. By a focus of ${\ulcorner}$The Pulse Studies of Bin-Ho(瀕湖脈學)${\lrcorner}$, we studies on the new classification of pulse condition. The error of a existing technical books on Pulse studies begin that the classification of pulse condition is not establish a Standardization. For the correction of existing misused terms in The Pulse studies, we study on the pulse condition is expressed objectively a blood vessel that it is a subject of pulse condition. The expression of blood vessel contain a depth of blood vessel, a speed of pulsation, a curve of blood vessel, thickness of blood vessel, a diameter of blood vessel in expand and contract of blood vessel, a interval in expand and contract of blood vessel, a distinctness on a boundary of blood vessel, a speed of blood flow in blood vessel, a volume of blood flow in blood vessel, a condition of blood in blood vessel, a propelling power of blood vessel. These is standard of the new classification of pulse condition.