• Korean Journal of Construction Engineering and Management
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• v.19 no.4
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• pp.70-81
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• 2018

Claims in the construction industry can have a serious impact on the profitability of the project or can even result in project failure if it fails to take appropriate prevention. In order to properly prevent and respond to the potential claims and legal disputes throughout the project execution, it is necessary to continuously accumulate informations and clearly define the roles and responsibilities of the important activities systematically. Based on these needs, this study develops and verifies the project information management system(PMIS) that can prevent and respond possible claims for construction projects. Developed system includes such management modules as schedule, cost, PM/CM, design, collaboration, and claims. The system was validated by adopting it to the practical projects. The results showed that information systems tailored to the construction claim need to elevate users' familiarity to be more useful. Besides, the system can be more functional when used by both owners and contractors.

• Journal of Arbitration Studies
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• v.20 no.2
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• pp.173-198
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• 2010

The purpose of this paper is to research on the liability for the space damage and the settlement of the dispute with reference to the space activity under the international space treaty and national space law of Korea. The United Nations has adopted five treaties relating to the space activity as follows: The Outer Space Treaty of 1967, the Rescue and Return Agreement of 1968, the Liability Convention of 1972, the Registration Convention of 1974, and the Moon Treaty of 1979. All five treaties have come into force. Korea has ratified above four treaties except the Moon Treaty. Korea has enacted three national legislations relating to space development as follows: Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. The Outer Space Treaty of 1967 regulates the international responsibility for national activities in outer space, the national tort liability for damage by space launching object, the national measures for dispute prevention and international consultation in the exploration and use of outer space, the joint resolution of practical questions by international inter-governmental organizations in the exploration and use of outer space. The Liability Convention of 1972 regulates the absolute liability by a launching state, the faulty liability by a launching state, the joint and several liability by a launching state, the person claiming for compensation, the claim method for compensation, the claim period of compensation, the claim for compensation and local remedy, the compensation amount for damage by a launching state, the establishment of the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea regulates the definition of space damage, the relation of the Outer Space Damage Compensation Act and the international treaty, the non-faulty liability for damage by a launching person, the concentration of liability and recourse by a launching person, the exclusion of application of the Product Liability Act, the limit amount of the liability for damage by a launching person, the cover of the liability insurance by a launching person, the measures and assistance by the government in case of occurring the space damage, the exercise period of the claim right of compensation for damage. The Liability Convention of 1972 should be improved as follows: the problem in respect of the claimer of compensation for damage, the problem in respect of the efficiency of decision by the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea should be improved as follows: the inclusion of indirect damage into the definition of space damage, the change of currency unit of the limit amount of liability for damage, the establishment of joint and several liability and recourse right for damage by space joint launching person, the establishment of the Space Damage Compensation Review Commission. The 1998 Final Draft Convention on the Settlement of Disputes Related to Space Activities of 1998 by ILA regulates the binding procedure and non-binding settlement procedure for the disputes in respect of space activity. The non-binding procedure regulates the negotiation or the peaceful means and compromise for dispute settlement. The binding procedure regulates the choice of a means among the following means: International Space Law Court if it will be established, International Court of Justice, and Arbitration Court. The above final Draft Convention by ILA will be a model for the innovative development in respect of the peaceful settlement of disputes with reference to space activity and will be useful for establishing the frame of practicable dispute settlement. Korea has built the space center at Oinarodo, Goheung Province in June 2009. Korea has launched the first small launch vehicle KSLV-1 at the Naro Space Center in August 2009 and June 2010. In Korea, it will be the possibility to be occurred the problems relating to the international responsibility and dispute settlement, and the liability for space damage in the course of space activity. Accordingly the Korean government and launching organization should make the legal and systematic policy to cope with such problems.

• Asian Pacific Journal of Cancer Prevention
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• v.16 no.10
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• pp.4357-4361
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• 2015

Thunbergia Laurifolia Linn. (TL) is one of the most familiar plants in Thai traditional medicine that is used to treat various conditions, including cancer. However, the antitumor activity of TL or its constituents has never been reported at the molecular level to support the folklore claim. The present study was designed to investigate the antitumor effect of an aqueous extract of TL in human breast cancer cells and the possible mechanism(s) of action. An aqueous crude extract was prepared from dried leaves of TL. Folin-Ciocalteu colorimetric assays were used to determine the total phenolic content. Antiproliferative and cell cycle effects were evaluated in human breast adenocarcinoma MCF-7 cells by MTT reduction assay, cell growth inhibition, clonogenic cell survival, and flow cytometric analysis. Free radical generation by the extracts was detected using electron paramagnetic resonance spectroscopy. The exposure of human breast adenocarcinoma MCF-7 cells to a TL aqueous extract resulted in decreases in cell growth, clonogenic cell survival, and cell viability in a concentration-dependent manner with an $IC_{50}$ value of $843{\mu}g/ml$. Treatments with extract for 24h at $250{\mu}g/ml$ or higher induced cell cycle arrest as indicated by a significant increase of cell population in the G1 phase and a significant decrease in the S phase of the cell cycle. The capability of the aqueous extract to generate radical intermediates was observed at both high pH and near-neutral pH conditions. The findings suggest the antitumor bioactivities of TL against selected breast cancer cells may be due to induction of a G1 cell cycle arrest. Cytotoxicity and cell cycle perturbation that are associated with a high concentration of the extract could be in part explained by the total phenolic contents in the extract and the capacity to generate radical intermediates to modulate cellular proliferative signals.

• Asian Pacific Journal of Cancer Prevention
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• v.17 no.12
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• pp.5237-5242
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• 2016

Background: Cancer screening rates are lower in Japan than those in western countries. Health professionals publish procancer screening messages on the internet to encourage audiences to undergo cancer screening. However, the information provided is often difficult to read for lay persons. Further, anti-cancer screening activists warn against cancer screening with messages on the Internet. We aimed to assess and compare the readability of pro- and anti-cancer screening online messages in Japan using a measure of readability. Methods: We conducted web searches at the beginning of September 2016 using two major Japanese search engines (Google.jp and Yahoo!.jp). The included websites were classified as "anti", "pro", or "neutral" depending on the claims, and "health professional" or "non-health professional" depending on the writers. Readability was determined using a validated measure of Japanese readability. Statistical analysis was conducted using two-way ANOVA. Results: In the total 159 websites analyzed, anti-cancer screening online messages were generally easier to read than pro-cancer screening online messages, Messages written by health professionals were more difficult to read than those written by non-health professionals. Claim ${\times}$ writer interaction was not significant. Conclusion: When health professionals prepare pro-cancer screening materials for publication online, we recommend they check for readability using readability assessment tools and improve text for easy comprehension when necessary.

• Journal of Environmental Science International
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• v.22 no.11
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• pp.1529-1538
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• 2013

Disasters like mountain landslides and collapse in cutting areas claim many a life and cause economic losses, involving much effort and expenses for their recovery. This study has surveyed and analyzed incident of disasters that had occurred on the sloping sides in Korea for the past 13 years in an effort to relieve damage caused by disasters on the sloping sides. The analysis confirms that while the major cause of disasters on the sloping side was storms in the past, frequency of disasters on sloping sides caused by local downpour is steadily on the rise. In addition, while disasters were concentrated in Gangwon Province, a mountainous region of the country, frequency of disasters occurring on the sloping sides is steadily increasing recently on the sloping sides in downtown areas in Seoul, Gyeonggi-do and so forth, attributing a large percentage of disasters to sloping sides. Data surveyed and analyzed in this study are thought to be applicable as basic data for the establishment of effective measures for the prevention of disasters occurring on the sloping sides in the days to come.

• Food Science of Animal Resources
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• v.31 no.2
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• pp.147-157
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• 2011

Mycobacterium avium paratuberculosis (MAP), the cause of Johne's disease in animals, may be a causative agent of Crohn's disease (CD) in humans, but the evidence supporting this claim is controversial. Milk, meat, and water could be potential sources of MAP transmission to humans. Thus, if the link between MAP and Crohn's disease is substantiated, the fact that MAP has been detected in retail foods could be a public health concern. The purpose of the present study was to review the link between MAP and CD, the prevalence of MAP in foods, heat inactivation, control of MAP during food processing, and detection methods for MAP. Although MAP positive rates in retail milk in nine countries ranged from 0 to 2.9% by the culture method and from 4.5 to 15.5% by PCR, high temperature short time pasteurization can effectively control MAP. The effectiveness of pasteurization to inactivate MAP depends on the initial concentration of the MAP in raw milk. Development of highly sensitive and specific rapid detection methods for MAP may enhance investigation into the relationship between MAP and CD, the prevention of the spread of MAP, and problem-solving related to food safety. Collaboration and efforts by government agencies, the dairy industry, farmers, veterinarians, and scientists will be required to reduce and prevent MAP in food.

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.131-155
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• 2011

PICC executes its role as a useful lex mercatoria in the continuously increasing international trade to be adopted as the standard criterion of prevention or dispute resolution. When considering the fact that GISG has not presented results beyond expectation in the past due to hard laws and legal deficiency, PICC, which possesses interpretation and supplementation function, is considered undoubtedly useful particularly in international commercial arbitration. As observed in the previously mentioned analysis on cases accumulated in UNILEX, PICC application and Arbitral tribunal in international contract between parties possess considerably large claim possibility and the number of actual application cases is continuously increasing. The fact that PICC has been composed as maximum common measures of continental and common law systems by traditional comparative legal scholars familiar with international trade can function as the fundamental principle in future global trade activity and can also act as the model law for uniting contract laws of nations. In this aspect, PICC can be evaluated to have considerably achieved enactment purpose of previous intention. However, additional topics that had not been accepted in the revised edition of PICC remain as assignments requiring solution, such as analysis and acceptance problem of comparative law, PR of PICC unfamiliar even to the relative parties of international trade and application in international contract, and absorption problem as model law in various domestic laws.

• Journal of Arbitration Studies
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• v.10 no.1
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• pp.115-133
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• 2000

All kinds of commerces are begun from the contract and the claims are frequently raised by the problem in the contracts. Therefore, the negotiation is very important to make a contract and resolve the claim. This article analyzed the negotiation practice of Chinese in order to render help to negotiators who enter into negotiations with Chinese business people so that they can enhance their chance for success. Based on this examination on the negotiating style, this paper also provides the some guidelines in working-level negotiating with Chinese. For the purpose this study applies "global negotiation flowchart" and twelve important factors suggested by stephen & stripp to analyze the characteristics of Chinese business negotiating style. The results suggest some useful criteria for negotiators First, In the preparation, the negotiator need a thorough study about the Chinese negotiating style and counter party. Second, In the negotiation with the Chinese, making the personal relationship and, if possible, frequent contact with the person who is the most powerful negotiator in decision-making. Third, since the Chinese has a sense of value that money is very important, it is very necessary that the negotiator persuade him by mutual profits. Finally, negotiators must aim at long-term profit maximization not at short-term.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.355-384
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• 2017

In Korea, a Law on Airport Noise Prevention and Noise Control Area Support has been in effect since 2010. And also, airport noise measures project and residents support project conducted following the Law on Airport Noise Prevention and Noise Control Area Support. However, a Law on Airport Noise Prevention and Noise Control Area Support does not apply to military airfield. Many city residents already complain about military airport noise, but there are no countermeasures. They claim the noise from the military airfield is an intrusion on their lives, and some people brought a class action against the government. In the 20th National Assembly, some congressmen already proposed some legislations that aims to support residents adjacent to the military airfield. Nevertheless, relevant legislations are currently pending at the 20th National Assembly. Legislation preventing aircraft noise and providing support measures is essential to residents life who near by military airfield. At first, this study looked at legislations proposed by congressmen in the 20th National Assembly. And also, this study looked at A Law on the Improvement of Living Environment around the Defence Facilities of Japan. Based on this study, we did an analysis of the problem of legislation and proposed improvement suggestion. I hope so that this study could someday help congressmen make a legislation about military airfield noise. We hope the 20th National Assembly will pass the legislation finally to help the residents who near by military airfield relieve their pain by noise and restore their human dignity.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.62
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• pp.3-32
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• 2014

Article 77 sets forth the principle of prevention applied in several legal systems. Under this principle the party threatened by ooss as a consequence of a breach of contract by the other party is not permitted to await passively incurrence of the loss and then sue for damages. He is obliged to take adequate preventive measures to mitigate his loss. If the injured party abstains from taking such excessive measures he will not be considered to have failed to mitigate the loss under Article 77. The sanction provided in Article 77 against a party who fails to mitigate his loss only enables the other party to claim reduction in the damages. The reduction in damages under Article 77 is equal to the amount by which the loss should have been mitigated if the injured party had taken reasonable measures to avert or to lessen it. The aim of Article 77 is to encourage mitigation of the loss. The duty to mitigate the loss applies not only to a breach of contract in respect of an obligation whose performance is currently due. but also to an anticipatory breach of contract under Article 71. Article 85 contemplates that the buyer is in delay in fulfilling the latter obligation, or else that he fails to pay the price when payment is to be made concurrently with delivery of the goods by the seller. In both these situations of default, the seller who is either in possession of the goods or otherwise able to control their disposition must take measures, reasonable in the circumstances, to preserve them. The right of retention of the goods y the seller exists until he is reimbursed by the other party for the reasonable expenses incurred. Article 87 and Article 88 of the Convention grant different rights to the party obligated to take steps to preserve the goods; Article 87 allows him to deposit them in the warehouse of a third person, and Article 88 to sell them by whatever means appropriate. A difference exists between paragraph Article 88 (1) which grants the right to sell, and paragraph (2) which imposes the duty to take reasonable measures to sell the goods.