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A Comparative Legal Study on the Battle of Forms (서식전쟁에 관한 비교법적 연구)

  • Oh, Se Chang;Park, Sung Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.61
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    • pp.57-90
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    • 2014
  • International sales contract, in general, is concluded through the exchange of written forms which contain each of their own business terms and conditions among the contractual parties. To illustrate, A sends the other an offer on A's general terms and conditions of business and B accepts the offer subject to the use of B's own general terms and conditions. Where the two sets of terms and conditions do not coincide, the question may arise whether the parties(A and B) have contracted and, if so, whose general terms and conditions apply. This situation is referred to as "the battle of forms". This article would try to make, in terms of the battle of forms, a comparison between the classical perspectives and opinions which are based on the principle of the English Common Law and the modernistic perspectives and opinions which are applied to the provisions in the UCC, CISG, and PICC. Therefore, the aim of this article is to provide the increase self-consciousness with respect to the battle of forms between the contractual parties that may frequently happen in the international business transactions and will pave the way for further research in the future.

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A Study on the Problems in the Application of UCP 600 in the International Trade Transactions with China (중국과의 무역거래에서 UCP 600 적용상의 문제점에 관한 연구)

  • Park, Suk Jae
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.61
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    • pp.191-211
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    • 2014
  • This paper intends to study some problems in the application of UCP 600 in the international trade transactions with China. Generally speaking, China complies with UCP 600 well. Nevertheless, there are some problems in the application of UCP 600 in China owing to the difference in law and practices. There are some problems in the application of UCP 600 in China owing to the difference of practices under Bills of Exchange Act and The Provisions of the Supreme People's Court on Some Issues Concerning the Trial of Cases of Disputes over Letter of Credit. The Act insists on the formal requirements, the consistency between a letter amount and a figure amount, the unconditional payment character of bills of exchange. The Provisions include the recognition of revocable credits, the difference of standard in examining documents, the difference in the treatment of issuing banks in relation to discrepant documents. These aforesaid matters of the Act and the Provisions are inconsistent with the practices under the UCP 600. There are two main problems in the operation of letters of credit in China. One is the lack of concerned parties' practice knowledge in relation to letters of credit in China. The other is the inactive stance of nominated banks in China. There are two main problems in relation to judiciary institutions in China. First, judges in China tend to abuse the injunctions owing to the lack of understanding in relation to letters of credit. Secondly, there are inconsistency in the court ruling in China.

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Wind Attribute Time Series Modeling & Forecasting in IRAN

  • Ghorbani, Fahimeh;Raissi, Sadigh;Rafei, Meysam
    • East Asian Journal of Business Economics (EAJBE)
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    • v.3 no.3
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    • pp.14-26
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    • 2015
  • A wind speed forecast is a crucial and sophisticated task in a wind farm for planning turbines and corresponds to an estimate of the expected production of one or more wind turbines in the near future. By production is often meant available power for wind farm considered (with units KW or MW depending on both the wind speed and direction. Such forecasts can also be expressed in terms of energy, by integrating power production over each time interval. In this study, we technically focused on mathematical modeling of wind speed and direction forecast based on locally data set gathered from Aghdasiyeh station in Tehran. The methodology is set on using most common techniques derived from literature review. Hence we applied the most sophisticated forecasting methods to embed seasonality, trend, and irregular pattern for wind speed as an angular variables. Through this research, we carried out the most common techniques such as the Box and Jenkins family, VARMA, the component method, the Weibull function and the Fourier series. Finally, the best fit for each forecasting method validated statistically based on white noise properties and the final comparisons using residual standard errors and mean absolute deviation from real data.

University Service System for Students Using Group Technology : A Reengineering Case (그룹 테크놀로지를 이용한 대학에서의 학생 민원 서비스 리엔지니어링)

  • Choe, Byung-Don;Choi, Seog-Gyo
    • Korean Business Review
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    • v.11
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    • pp.67-81
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    • 1998
  • In this study, we discuss the possibility of applying the group technology to the service area. We analyze student service system to improve college student service and constructed new service cells using the group technology. To do so, we build service cells for the information technology support and related business in college student service with the standard of service cell formation process. This naturally leads us to the way to improve or to solve those problems such as waiting time and complexity of the related department to provide service to the student. The application of the group technology means the increase of the investment in the view point of the owner. However, to stand against the infinite competition and the open of the education market, university have to prepare. This preparation can be helped by applying the group technology for improving the college student service quality.

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Laparoscopic Appendectomy in Nonperforated Appendicitis of Children (소아 비천공 충수염에 대한 복강경 충수절제술)

  • Kim, Dae-Yeon;Kim, Seong-Chul;Kim, In-Koo
    • Advances in pediatric surgery
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    • v.9 no.1
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    • pp.41-44
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    • 2003
  • Appendicitis is the most common surgical emergency in childhood. Open appendectomy has been the standard treatment. The minimally invasive techniques have been adopted in children after experiences in various surgical conditions in adults has accumulated. It is debatable whether laparoscopic appendectomy (LA) is superior to open appendectomy (OA) in children. The goal of this study is to review the results of laparoscopy and laparotomy in the nonperforated appendicitis. The records of 22 patients under 15 years of age who were operated upon for nonperforated appendicitis at Asan Medical Center were analyzed between December 2002 and April 2003. Age, type and length of intervention, frequency of analgesic use, complication, length of hospitalization, and cost for each treatment groups (N=11) were compared. Laparoscopy patients were older (13.0 vs. 10.1 years; p > 0.05), and operative time was longer (55.0 vs. 35.0 minutes; p < 0.05). There was no conversion (OA to LA). The median length of hospital stay was significantly shorter in laparoscopy (3.0 vs. 2.0 days; p < 0.05). The median cost for LA was more expensive (W833, 836 vs. W751,398; p < 0.05). Even though there were higher costs and longer operative times with laparoscopic procedures, the shorter hospital stay was an advantage.

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Tumor Immunology and Immune Checkpoint Inhibitors in Non-Small Cell Lung Cancer

  • Jung, Chi Young;Antonia, Scott J.
    • Tuberculosis and Respiratory Diseases
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    • v.81 no.1
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    • pp.29-41
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    • 2018
  • Lung cancer is one of the most commonly diagnosed cancers and the leading cause of cancer-related deaths worldwide. Although progress in the treatment of advanced non-small cell lung cancer (NSCLC) has been made over the past decade, the 5-year survival rate in patients with lung cancer remains only 10%-20%. Obviously, new therapeutic options are required for patients with advanced NSCLC and unmet medical needs. Cancer immunotherapy is an evolving treatment modality that uses a patient's own immune systems to fight cancer. Theoretically, cancer immunotherapy can result in long-term cancer remission and may not cause the same side effects as chemotherapy and radiation. Immunooncology has become an important focus of basic research as well as clinical trials for the treatment of NSCLC. Immune checkpoint inhibitors are the most promising approach for cancer immunotherapy and they have become the standard of care for patients with advanced NSCLC. This review summarizes basic tumor immunology and the relevant clinical data on immunotherapeutic approaches, especially immune checkpoint inhibitors in NSCLC.

Analysis on Common Criteria Improvements in Version 3.0 (공통평가기준(CC) 버전 3.0 분석)

  • No, Byung-Gyu;Kim, Young-Tae;Park, Doo-Soon;Kim, Jeom-Goo
    • Convergence Security Journal
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    • v.5 no.4
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    • pp.7-18
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    • 2005
  • Recently, ISO/IEC SC27 WG3 is actively working on the revision of CC V3.0 to be an international standard by 2008, principally supported by Common Criteria Development Board (CCDB). Hence, it is essential for Korea to review and analyze the changes in CC V3.0, so as to be completely prepared for any change to be occurred from CC V2.* to V3.0. Taking into account of CC V3.0 being revised currently, this paper gives a general overview of revision in CC V3.0 : then, closely examines and explains the improvements and changes made by the revision in CC V3.0

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A study on the Effective Use of Environmental Information System in Korea - focused on the accuracy of raw data - (환경정보체계 구축의 효과적 이용 - 원자료의 정확성을 중심으로 -)

  • 이규석
    • Proceedings of the Korean Association of Geographic Inforamtion Studies Conference
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    • 1998.11a
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    • pp.34-36
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    • 1998
  • In Korea, the initial installation of GIS requires lots of cost, time, and human efforts, If the accuracy of GIS data does not meet the certain standard for use, the system may not work as expected. So, it needs to be investigated for the accuracy of raw data. However, there is little study for the accuracy of raw data in Korea. Therefore, the purpose of this study is to review the data accuracy of raw data - geologic map, 1:5,000 and 1:25,000 scale topographic map, forest stand map, degree of green naturality(DGN) map, and detailed survey data of DGN map - for fulfilling the expected use in Korea. After this study, some errors in data were surveyed and following conclusions were derived. (1) There is a lack of data, e. g, wildlife habitat map. (2) Some data are misinterpreted depending on the location in the geologic map. (3) Some data are not updated after change of topography in the topographic map. (4) Some data are not edited properly in the forest stand map. (4) DGN classification system does not reflect the characteristic of Korean vegetation community. So, it needs to be refined and restructured.

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Changes in the Clerkship in Korean Medical Schools: The Prospect of a Student Internship (의과대학 임상실습의 변화: 학생인턴제도의 가능성에 대한 전망)

  • Yoon, Tai Young;Lee, Jong Keun;Oh, In Hwan
    • Korean Medical Education Review
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    • v.15 no.2
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    • pp.75-81
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    • 2013
  • The subinternship (student internship), a subtype of bedside and clinical training was first developed in the United States. Currently, some medical schools conduct a student internship and many other universities are considering the implementation of a student internship in Korea. If the intern system is abrogated beginning in 2016 as in the United States, then the importance of the student internship will be greatly emphasized for clinical training. To produce good and competent medical doctors, members of medical schools and affiliated hospitals must acknowledge the role of the educational hospital and support student internships. In addition, the effort of the medical community to develop and apply a standard curriculum to the student internship is also required. Above all, the attention of society and the nation is essential to make legal policy changes regarding the conducting of student internships and enhance understanding about the authorized practices in university hospitals. The medical community's effort to draw attention to this issue is greatly required to implement a student internship at this time.

The Change of Employment Relations in Myanmar's Garment Companies: A Case of Korean Investment Companies in a Period of U Thein Sein Government (미얀마 봉제기업의 고용관계 변화: 세인정권기간 한국투자기업의 경우)

  • Yun, Yeong-Sam;Kyaw, HtetMyet-Sandy;Htet, SuYin-Thin
    • Asia-Pacific Journal of Business
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    • v.9 no.1
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    • pp.19-38
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    • 2018
  • This study is to examine the transition of employment relations depending on labor reform by U Thein Sein Government(2011~2015) in company level and implemented literature review and interview. The results of this study are as follow. According to contents of the legislative amendment pursued by U Thein Sein government, there were some changes in employment relations as the use of standard labor contract, the application of paid holidays, easy use of vacations/sick leave and the establishment of trade unions. But, after the adoption of the minimum wage system, there was not change in the employment relations to such an extent as to have a significant impact on the live of the laborers. So it is expected that development of the trade union representing laborers in the future is able to take mutually beneficial employment relations.

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