• 제목/요약/키워드: damage remedy

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디지털정보거래에 있어 계약위반에 대한 구제에 관한 연구 - UCITA 제8장을 중심으로 - (A Study on the Remedies in Digital Information Transaction - Focusing on the urn A Part 8 -)

  • 한병완;서민교
    • 통상정보연구
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    • 제12권3호
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    • pp.79-98
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    • 2010
  • The National Conference of Commissioners on Uniform State Laws promulgated the Uniform Computer Information Transactions Act (UCITA) in 1999. In 2000 and 2002, this Act was also Amended. UCITA provides a comprehensive set of rules for licensing computer information, whether computer software or other clearly identified forms of computer information. Computerized databases and computerized music are other examples of computer information that would be subject to UCITA. It would also govern access contracts to sites containing computer information, whether on or off the Internet. UCITA would not govern contracts, even though they may be licensing contracts, for the traditional distribution of movies, books, periodicals, newspapers, or the like. Part 8 of UCITA provides a remedy structure somewhat modeled on that of Article 2 but adapted in significant respects to the different context of a computer information transaction. For example, 808 of UCITA recognizes the focus in a license context for a licensor's remedy should properly be on recovery for benefit conferred or for lost profit, rather than on damage measurement by a substitute transaction, where the license is non-exclusive so additional transactions are permitted and there is very little cost in reproduction of the information and its redistribution. Section 816 of UCITA also contains very important limitations on the generally recognized common law right of self-help as applicable in the electronic context.

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Site suitability for conifer plantation and a new challenge to utilize deciduous trees

  • NAGASHIMA, Keiko
    • 한국자원식물학회:학술대회논문집
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    • 한국자원식물학회 2018년도 추계학술대회
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    • pp.24-24
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    • 2018
  • Degraded plantation forests are increasing because of unfavorable forestry conditions prevailing in Japan, including falling timber prices, increasing operational costs, and aging and declining forestry workforce. To remedy this situation, appropriate management strategy is required. This study introduces the challenges of Odai Town, Mie Prefecture that employed a new management strategy by evaluating site suitability for conifer forests and that proposes a new forest management regime of planting deciduous trees in unsuitable sites. The site suitability for conifer forests was evaluated from two aspects: the natural site conditions and the relationship among site conditions, growth, and damage by Anaglyptus subfasciatus Pic. in Cryptomeria japonica D. Don and Chamaecyparis obtusa Sieb. Et Zucc. forests. By analyzing the relationship among site conditions, growth, and insect damage based on field data obtained in plantation forests, growth evaluation and insect damage evaluation maps were developed. Based on the natural forest investigation, natural site condition maps for C. japonica and C. obtusa were established. Furthermore, by integrating these evaluation maps with the forest road maps showing the accessibility to the forest, the forest management regime for the whole plantation area of Odai Town was established. The forest management regime map indicates the sites suitable for forestry: suitable for long-rotation, short-rotation, and potential sites for short-rotation. The sites unsuitable for forestry were considered to be more suitable for broadleaved forests. Clear-cutting was conducted in a small area and different seral stage saplings (approximately 20 deciduous tree species) suitable to the site conditions were planted in an area of $80-120m^2$ protected by deer-fences. This might establish a forest composed of many species with a multilayer vertical forest structure in a short period. The planted saplings were distributed neither randomly nor uniformly to reflect the natural distribution of trees in the forest. A challenge to develop new products using the deciduous trees has started, such as wood chips for preparing smoked food, essential oil, and deodorizer. As these challenges have just begun, their effects on enhancing sustainable resource management are still being monitored. Even with the challenges, this regime can be of high value as a management strategy to remedy the situation of expansion of degraded forests in Japan.

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환경유해인자로 인한 건강피해 구제제도의 개선방안에 관한 고찰 (A Study on the Improvement of Health Damage Relief Regulation due to Environmental Hazardous Factors)

  • 백운석;심영규
    • 환경정책연구
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    • 제12권1호
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    • pp.75-100
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    • 2013
  • 정부가 시멘트공장 제련소 등 환경오염 취약지역을 대상으로 실시한 주민건강영향조사에서 환경유해인자로 인한 진폐증, 신장손상 등의 건강피해 사례가 나타났다. 그러나 현행 구제관련 법규정이 선언적이어서 구제제도 기반으로는 미흡하여 적정한 구제가 이행되지 못하고 있다. 본 연구는 제도적 관점에서 구제제도를 개선하기 위해 환경유해인자로 인한 건강피해 및 피해구제 사례에 대한 실증적 분석 및 국내 피해구제제도의 문제점 고찰을 통해 구제제도의 개선방향을 제안함을 목적으로 한다. 국내 건강피해 구제제도의 문제점은 첫째, 환경보건법 등 현행 관련법이 구제장치로서의 부족, 둘째, 환경오염피해의 특수성으로 인한 건강피해 분쟁 및 소송상 불법행위 성립요건의 확인과 인과관계 입증의 어려움이다. 제도의 개선방향으로는 첫째, 환경성질환의 개념과 범위규정에 있어 기존 열거방식에 포괄규정 방식을 병용하는 것이다. 둘째, 구제제도에 공법적 성격을 가미함으로써 인과관계의 인정을 용이하게 하고 입증책임부담을 완화하는 것이다. 셋째, 원인자 확인이 어렵거나 구제조치를 기대할 수 없는 경우에는 원인자의 범위를 확장하여 구제의 실효성을 높이는 것이다. 국민의 환경권이 충실히 보장되기 위해서는 본 연구의 제도개선 방향으로 현행 건강피해 구제제도를 개선하는 것이 시급하다.

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마이크로파일로 보강된 모래지반의 지지력 증가효과에 관한 실험적 연구 (An Experimental Study on the Increase of the Bearing Capacity on Sandy Ground due to Micropile Reinforcement)

  • 김정동;임종철;이태형
    • 한국지반공학회:학술대회논문집
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    • 한국지반공학회 2003년도 봄 학술발표회 논문집
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    • pp.411-416
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    • 2003
  • As rapid industrialization continues in these days, construction in the down town areas increases. Since constructions are performed around old and existing structures, the need to provide reinforcements to protect the existing structures from collapse and damage arises. Furthermore, if the construction is to take place in the down town area, difficult work space and damage caused by noise, vibration and collapse of structure can't be ignored. Among the remedial measures available today, micropile reinforcement is considered the best method to remedy these problems. But up to the present the characteristics of micropiles and ground behaviour has not been proven and no standard design is not yet available. Therefore, most design are performed based on previous experiences. In this study, the difference in the bearing capacity with changing reinforcement angle, space and sphere around foundation was monitored. These results were induced to broaden heighten the limits of micropile application.

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의료분쟁조정법 시행에 따른 성과와 과제 (The Outcomes and Tasks of Act on Medical Dispute Mediation)

  • 현두륜
    • 의료법학
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    • 제14권1호
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    • pp.117-144
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    • 2013
  • After several bills for the reasonable medical dispute resolution had been proposed for over twenty years, "Act on Remedy for Damage from Medical Accident and Medical Dispute Mediation" was eventually enacted on April 7, 2011 and came into effect from April 8, 2012. This study evaluates the achievements and results of the past year, suggesting the future improvements or tasks. The main issue of Act on Medical Dispute Mediation is Korea Medical Dispute Mediation and Arbitration Agency. Therefore, the success of the Act depends on the outcomes of Korea Medical Dispute Mediation and Arbitration Agency. Although the Act has been enforced for only one year, this paper examines the outcomes of the Agency with limited materials for its development. Korea Medical Dispute Mediation and Arbitration Agency was established for rapid, fair, and effective medical dispute resolution. Thus, the evaluation of the performances of the Agency is based on the 1) rapidness, 2) fairness, and 3) effectiveness of the dispute resolution. To sum up, the system earned positive evaluations as for the rapidness and fairness, but some problems were indicated with regard to the effectiveness. As the system of medical dispute mediation and arbitration in Korea has no parallel in the world, other countries show many interests in it. The rapid and fair medical dispute resolution is of benefit in both patients and medical institutes and decreases social costs. As the Act had a difficult passage through Parliament, it should be maintained and improved continuously.

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국제물품매매계약(國際物品賣買契約)에서 하자보완권(瑕疵補完權)에 관한 고찰(考察) (A Study on the Seller's Right to Cure in the Int'l Sale of Goods)

  • 하강헌
    • 무역상무연구
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    • 제12권
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    • pp.253-276
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    • 1999
  • CISG articles 34 and 37 clearly allow the seller to cure any nonconformity in documents of sale or performance prior to the date for delivery if it does not cause the buyer unreasonable inconvenience or unreasonable expense. CISG article 48 allows a seller to cure the performance even after the date for delivery if it does not cause the buyer unreasonable delay, unreasonable inconvenience or unreasonable uncertainty of reimbursement by the seller of expenses advanced by the buyer. The wording any failure to perform is broad enough to include a delay. The seller's right to cure relates to all his obligations. The seller may remedy 'any failure to perform his obligations'. This language is broad enough to include a defect in documents. In some cases the fact that the seller is able and willing to remedy the non-conformity of the goods without inconvenience to the buyer, may mean that there would be no fundamental breach unless the seller failed to remedy the non-conformity within an appropriate time. It cannot generally be said what unreasonable inconvenience means. This can only be decided on a case-by-case basis. The seller must bear the costs involved in remedying a failure to perform. The curing of a failure to perform may have influence on the amount of the damage claimed. Insofar as the seller has the right to cure, the buyer is in that case obliged to accept the cure. If he refuses to do so, he can neither avoid the contract nor declare a reduction in price. This rule clearly shows the underlying concept of the CISG, to keep to the contract, if possible. Should the buyer requires delivery of substitute goods and the seller offers repair, it depends on the expense each case. The buyer must receive the request or notice by the seller. The relationship between the seller's right to cure and the buyer's right to avoid the contract is unclear. The buyer's right to avoid the contract should not nullify the seller's right to cure if the offer is reasonable. In addition, whether a breach is fundamental should be decided in the right of the seller's offer to cure.

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Protective effects of Erythronium japonicum and Corylopsis coreana Uyeki extracts against 1,3-dichloro-2-propanol-induced hepatotoxicity in rats

  • Seunghyun Kim;Hee-Ock Boo;Taeho Ahn;Chun-Sik Bae
    • Applied Microscopy
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    • 제50권
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    • pp.29.1-29.6
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    • 2020
  • Erythronium japonicum (E. japonicum) and Corylopsis coreana Uyeki (C. coreana Uyeki, Korean winter hazel) have been shown to significantly decrease 1,3-dichloro-2-propanol (1,3-DCP)-induced generation of reactive oxygen species and CYP2E1 activity in HuH7, human hepatocytes. In this study, we expanded upon the previous study and investigated the effects of E. japonicum and C. coreana Uyeki extracts on 1,3-DCP-induced liver damage in rats. The pre-treatment of rats with these extracts alleviated a decrease in body weight and reduced 1,3-DCP-induced increase in catalytic activities of hepatic enzymes, such as aspartate aminotransferase and alanine aminotransferase, in the serum. Moreover, treatment with the extracts restored the 1,3-DCP-induced decreases in anti-oxidant enzyme activities, such as the activities of superoxide dismutase and catalase, in the rat liver. Histopathological studies also strongly supported the results of enzyme activities. These results suggest a possibility that the extracts of E. japonicum and C. coreana Uyeki can be a remedy for alleviating 1,3-DCP-induced liver damage in animals.

The Regulatory Effects of Radiation and Histone Deacetylase Inhibitor on Liver Cancer Cell Cycle

  • Lee, Sang Ho;Han, Chang Hee;Kang, Su Man;Park, Cheol Woo
    • International Journal of Contents
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    • 제8권4호
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    • pp.74-77
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    • 2012
  • Radiation has been an effective tool for treating cancer for a long time. Radiation therapy induces DNA damage within cancer cells and destroys their ability to reproduce. Radiation therapy is often combined with other treatments, like surgery and chemotherapy. Here, we describe the effects of radiation and histone deacetylase inhibitor, Trichostain A, on cell cycle regulation in hepatoma cells. The combinatorial treatment of radiation and Trichostain A induced cell cycle arrest and thereby increasing the hepatoma cell death. Furthermore, the regulatory effects of radiation and Trichostatin A on cell cycle applied in cell type specifically. These results suggest that the treatment of radiation and Trichostatin A may play a central role in hepatoma cell death and might be a good remedy to improve the efficiency of radiation therapy.

Hepatoprotective effect of Rumecis Semen

  • Lee, Shin-Seok;Huh, Yeon-Gu;Yim, Dong-Sool;Lee, Sook-Yoen
    • 한국응용약물학회:학술대회논문집
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    • 한국응용약물학회 2002년도 창립10주년기념 및 국립독성연구원 의약품동등성평가부서 신설기념 국재학술대회:생물학적 동등성과 의약품 개발 전략을 위한 국제심포지움
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    • pp.242-242
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    • 2002
  • The root of Rumex crispus(Polygonaceae) has been used as one of many oriental medicines ofr the treatment of cathartics, juandice and skin diseases etc. Recently, it is reported as one of anticancer agents and a remedy of acute hepatitis in many traditional medicines. Also, the seed of this plant has been used as a folk medicine for the treatment of digestion problems, liver diseases and many sorts of tumors. In this study we have collected the seed of this plant in rural area and investigated the efficacy of hepatoprotective activity from liver cell damage induced by carbon tetrachloride on mice with methanol extracts, ethylacetate and butanol fractions of this plant

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자가용화물차량의 불법유상운송 행위에 따른 문제점과 개선방안 (A study on the problems and solutions of the illegal charges transportation act by using a private truck)

  • 이석현;김정현;정재정;이계정;조광희;성행기;황대성
    • 대한안전경영과학회:학술대회논문집
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    • 대한안전경영과학회 2011년도 추계학술대회
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    • pp.449-455
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    • 2011
  • Illegal transportation act using a private truck cases indigested freight market. Moreover it incurs social and economic damage. There are some remedy for this problem that is reintroducing suspension of the service law, creating the law to punish client who have the goods which is delivered and improving transportation environment.

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