• Title/Summary/Keyword: remedy system

Search Result 234, Processing Time 0.024 seconds

Remedies for the Seller's Delivery of Defective Goods under EC Directive in Comparison with English Law, Korean Law and CISG (EC Directive상 하자물품에 대한 매수인의 구제제도에 관한 비교연구)

  • Lee, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.19
    • /
    • pp.33-66
    • /
    • 2003
  • This is a comparative and analytical study which comprises of the analysis of the rules of the buyer's remedies where the seller delivers defective goods of four legal systems; Directive, CISG, English law and Korean law. In light of threefold main purposes of this study, it firstly attempts to describe and analyze the remedy provisions of Directive in a comparative way in order to provide legal advice to the sellers who plans to enter into English consumer markets. It shows that the two tier remedial system under Directive is not much different from the other jurisdictions, except where the right of rescission under Directive is absolute in a sense that it does not require a certain degree of seriousness of defect. Secondly, the study compares the rules of one jurisdiction with those of other jurisdictions and evaluates the rules in light of the discipline of comparative law the basic question of which is whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. It proves the followings; (1) the reluctance and uncertainty in English law of ordering specific performance based on the discretionary power does not reflect the parties' preference because the order is either uncertain or rather negative where the purchase of substitute goods elsewhere is not a satisfactory solution in many cases; (2) the position in Korean law which has no limitation on the right to require substitute goods is likely unfair in commercial sales, but justified in consumer sales; (3) the right of termination or reduction under Directive which is subject to the applicability of the right to require repair or substitute goods seems to be contrary to the consumer's preference where the defective delivery destroys the basis of trust in the quality of the seller's performance; (4) the absolute right of termination under Directive and English law seems crucial in consumer sales because they are often inferior to commercial sellers in terms of information and bargaining power; (5) the right of reduction as a self-help remedy which is absent in English law emphasizes its usefulness. Thirdly, it finds that, where CISG is deemed to fail to unify different rules on the right to require specific performance between Civil and Common law, it is attempted once again in Directive and notwithstanding their hostility to awarding the right to require specific performance in English law, Regulations 2002 expressively stipulates such right.

  • PDF

The Literature Study on Macula among the Symptoms of Warm Factor Disease (온병(溫病)의 증상(症狀) 중(中) 반진(斑疹)에 관(關)한 문헌적(文獻的) 고찰(考察))

  • Jang, Yunjeong;Ryu, Sangchae;Kim, Jeongsoon;Jeon, Hoseong;Yu, Donghee;Kim, Nanyeong;Chong, Myongsoo;Lee, Kinam
    • Journal of Korean Medical Ki-Gong Academy
    • /
    • v.11 no.1
    • /
    • pp.80-116
    • /
    • 2009
  • It studies into viewpoints of 7 doctors of Wenbing studies on macula. The results concerning characteristics, remedy and prevention of macula are as follows; Macule does not protrude on the surface of skin and does not have any color change for external stimulus, but rash out on the surface and becomes white when pushed. It becomes macule when the blood leaks beneath skin as stomach-heat of yangming enters into blood system and damages it. On the other hand, when heat enters lung meridian, penetrates beneath the skin and congeals inside the vessel, it becomes rash. When you combine symptoms of body and pulse with numbers, color, shape and distribution status of macula, you can diagnose the depth of rash, seriousness, the possibility of treatment and prognosis of macula. The remedy for macule consists of cooling heat of yaming, removing heat from the blood and relieving feverish rash, and the one for rash consists of facilitating meridian with aroma, expelling pathogenic factors from muscles with drugs of pungent flavor and cool nature and clearing away heat from the blood systems. It relieves the inhibited functional activities of lung-Ki, and helps extermination of rash as well as clearing heat of the vessel. Also, it is the most important to preserve resin of stomach for every treatment. It is good to avoid expelling pathogenic factors with drugs of pungent flavor and warm nature, raising drugs and invigorating drugs during treating macula. Moreover, the patients should not over dose cold-natured drugs and purgative therapy. There are common clinical symptoms of macula in advance, so right recognition of symptoms can contribute to prevention of macula.

A study of Clinical DW for utilizing analysis of medical treatment information (진료정보 분석 활용을 위한 Clinical DW에 관한 연구)

  • Song, Min-Gu;Kim, Sun-Bae
    • Journal of Digital Convergence
    • /
    • v.11 no.8
    • /
    • pp.293-302
    • /
    • 2013
  • So far, DW(data warehouse) of hospital has been used as tool for analyzing patient-focused data. However, EMR(Electronic Medical Record) is established these days, so informal data which is record and video record could be useful to get some information for patient remedy, not as DW data. This study claims that need of establishing treatment-focused DW, not for hospital administration-focused DW which has been used lots of hospital DW. Also we discussed how CDW can be applied for real medication situation. At last, we deduct a relation past record of sick and wounded patient as Thesaurus searching method by real hospital data for establishing base of early-treatment system.

The Key Issues of Lone Star Investment Treaty Arbitration and the Korean Government Strategy (론스타의 투자조약중재 제기 쟁점과 한국 정부의 전략적 대응방안)

  • Oh, Hyun-Suk;Kim, Sung-Ryong
    • Journal of Arbitration Studies
    • /
    • v.27 no.4
    • /
    • pp.133-156
    • /
    • 2017
  • The purpose of this paper is to take a countermeasure of the investment treaty arbitration that Lone Star claimed to the Korean government. In particular, this study suggests procedural measures to be prepared by the Korean government after the arbitration award. The actual remedy in ICSID arbitration is the annulment procedure of arbitration award. Therefore, this study analyzed the measures that the Korean government can prepare based on the annulment grounds: the inadequacy of the constitution of the arbitral tribunal, the excessive power of the arbitrator, the corruption of the arbitrator, and the serious violation of the rules. First, the Korean government should decide whether to proceed with the annulment procedure after the arbitration award. Second, if they decide to do it, they should review the grounds of annulment. For example, it is possible to analyze whether the relationship between the arbitrator and Lone Star can be properly in the constitution of the arbitral tribunal, whether Lone Star is eligible to apply for ICSID arbitration, or whether arbitration tribunal ignores the crucial evidence that can affect the arbitration award. Independently, the Korean government needs to discuss the investment arbitration appeal system in a long-term perspective.

Analysis and Improvement of I/O Performance Degradation by Journaling in a Virtualized Environment (가상화 환경에서 저널링 기법에 의한 입출력 성능저하 분석 및 개선)

  • Kim, Sunghwan;Lee, Eunji
    • The Journal of the Institute of Internet, Broadcasting and Communication
    • /
    • v.16 no.6
    • /
    • pp.177-181
    • /
    • 2016
  • This paper analyzes the host cache effectiveness in full virtualization, particularly associated with journaling of guests. We observe that the journal access of guests degrades cache performance significantly due to the write-once access pattern and the frequent sync operations. To remedy this problem, we design and implement a novel caching policy, called PDC (Pollution Defensive Caching), that detects the journal accesses and prevents them from entering the host cache. The proposed PDC is implemented in QEMU-KVM 2.1 on Linux 4.14 and provides 3-32% performance improvement for various file and I/O benchmarks.

Implementation of Virtual Laboratory Based on the Internet (인터넷 기반 가상실험실의 구현)

  • Joo, Young-Hoon;Kim, Moon-Hwan;Lee, Ho-Jae;Park, Jin-Bae
    • Journal of the Korean Institute of Intelligent Systems
    • /
    • v.13 no.4
    • /
    • pp.448-454
    • /
    • 2003
  • This paper concerns the establishment of the Internet-based virtual laboratory (VL). In control engineering, it is required to evaluate the feasibility of a newly developed controller design technique by applying to a physical system. However, it is inefficient to make or build such a experimental apparatus in all research activities. A possible remedy is to share such a apparatus spatially via the Internet. We set up techniques for the remote -control of various experimental apparatuses based on the Internet. The proposed VL forms a server-client structure and is implemented in multi-control interfaces.

A Study on the Management of Environmentally Friendly Planning Features in Condominiums with Green Building Certification (친환경건축물인증 아파트의 친환경계획요소 관리 실태)

  • Seok, Hee-Jean;Hong, Hyung-Ock
    • Journal of the Korean Home Economics Association
    • /
    • v.49 no.1
    • /
    • pp.41-53
    • /
    • 2011
  • The purpose of this paper was to examine the management of Environmentally Friendly Planning Features(EFPF) in condominium with Green Building Certification(GBC). A questionnaire survey was conducted among management office staff and residents on six housing estates in Seoul. The data from 200 respondents were analysed using descriptive statistics and t-tests. The main findings were as followings : 1) Most of the staffs considered that garbage collection and recycling, and green spaces were well-managed. 2) The residents indicated that garbage collection and recycling, and green spaces were properly handled, but they failed to recognize these as EFPF. 3) Residency duration was unrelated to the residents' perceptions of the EFPF and their management. In conclusion, neither the residents nor the staff were aware of the GBC system or that their housing estates were built using EFPF. To remedy this, it can be assumed the residents' lack of appreciation of the EFPF can be resolved if they participate in the management of these features. So the residents will need education, and the management staff will require professional training.

Blood pressure simulator using hybrid controller (합성제어기를 이용한 혈압 시뮬레이터의 구현)

  • Kim, C.H.;SaGong, G.;Nam, Gi-Gon;Jeon, R.
    • Journal of Sensor Science and Technology
    • /
    • v.16 no.1
    • /
    • pp.44-51
    • /
    • 2007
  • A hybridized simulator for generating blood pressure waveform is proposed to study the remedy and/or evaluation of the conventional sphygmomanometer utilizing the oscillometric method which is widely applied. The blood pressure of a flowing fluid was controlled for the blood vessel's condition caused by a rhythmical and periodical contraction/relaxation because of the special excitatory and conductive system of the heart. In this study, a hybridized controller composed of the PI feedback controller and the feedforward controller. The inverse dynamics function is proposed to operating the control valve while the pressure is applied in an oil pressure tank. The proposed hybrid simulator reproducing the blood pressure waveform in an artificial blood vessel has kept the control performance consistent over all range. Based on these results, the proposed simulators could be applied to the development and compensation of the non invasive sphygmomanometer type as well as to study the characteristics of the blood pressure and blood vessel.

Screening of Natural Resources with Inhibitory Activity on Free Radicals and Advanced Glycation end Products (AGEs) Formation (천연자원의 라디칼 소거능과 최종당화산물의 생성저해활성 검색)

  • Kim, Min-Suk;Kim, Dong-Wook;Rhyu, Dong-Young
    • Korean Journal of Pharmacognosy
    • /
    • v.37 no.4 s.147
    • /
    • pp.307-313
    • /
    • 2006
  • Reactive oxygen species (ROS) and formation of advanced glycation end products (AGEs) play an important role in the pathogenesis of diabetic nephropathy by hyperglycemia. To find natural agents improving diabetic nephropathy, 63 natural resources which used to the treatment of diabetes mellitus in a folk remedy were investigated with an in vitro system employing radical scavenging activity and inhibitory activity of AGEs formation. In results, the extracts of Aspalathus linearis, Rubus coreanus, Rosa rugosa, and Epimedium koreanum significantly inhibited the 1,1-diphenyl-2-picrylhydrazyl (DPPH) radical with $IC_{50}$ values less than $10{\mu}g/ml$. The extracts of Zea mays, Cucurbita moschata, Cudrania tricuspidata, and Aspalathus linearis effectively reduced the formation of AGEs compared with the positive control $N-acetyl-_L-cystenine$ (NAC) and aminoguanidine (AG). In addition, the extracts of Aspalathus linearis, Commelina communis, Cornus officinalis, and Lespodeza cuneata showed the all inhibitory activity against DPPH radical and AGEs formation. Also, these resources definitely showed the radical scavenging activity against peroxynitrite $(ONOO^-)$ and hydroxyl radical $({\cdot}OH)$ relating to high glucose-induced ROS production. Thus, these results suggest that some natural resources may regulate the initiation and progression of diabetic nephropathy through inhibition of ROS production and AGEs formation.

A Study on the Trademark Registration and Nullity in China - Focused on 'Michael Jordan' Case - (중국 상표법상 등록과 무효에 관한 연구 - '마이클 조단' 행정판결을 중심으로 -)

  • SONG, Soo-Ryun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.69
    • /
    • pp.699-720
    • /
    • 2016
  • In the past 10 years, there have been lots of misuses of the trademark system in China. For example, some Chinese companies have registered same or similar oversea's well-known trademark as a prior rights holder, and oversea's companies lost a chance to register their own trademarks or commence cases to acquire their own trademark determination in China. So Chinese government revised Chinese Trademark Law in 2014 to remedy these mistakes. Article 30 is intended to crack down on preemptive registration and compensate for the possible unfair consequences resulted from the principle of prior registration. Under the principle of prior registration, only where the unregistered trademarks of prior use have certain influence, and where the applicant of latter applied trademark knows or should know the prior trademark and the applicant has the bad faith of obtaining unjustified interests from goodwill of such unregistered marks, it shall be curbed by Article 30. Furthermore, trademark oppositions could be filed by anybody previously. Under the revised Trademark Law Article 44, oppositions based on absolute grounds can still be filed by anyone, but oppositions based on other available grounds can only be filed by a prior rights holder or a materially-interested party with undefined but similar to the standing requirement for filing nullities under Article 41 of the old law, and likely intended to cover trademark licensees and successors.

  • PDF