• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.39
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• pp.27-55
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• 2008

The concept of non-conformity is stipulated at Art. 35, CISG. According to the Art. 35, there is no directly stipulated concept of non-conformity. But Art. 35 said that the Seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. Accordingly, the concept of non-conformity contains the conformity of quality, quantity, description, delivery of different goods and documents. Art. 39 does not specify the form of notice required. So parties can require a particular form by agreement. If there is no agreed form of notice, buyer' s notice must be sent by means appropriate in the circumstances. And Art. 39 states that the required notice of lack of conformity must be given to the seller. Notice of defects conveyed by the buyer to an independent third party is not found to have been given by means appropriate in the circumstances. And Art. 39 is subject to the parties' power under Art. 6 to derogate from or vary the effect of any provision of the Convention. When determining which requirement must be satisfied by the buyer is specifying the nature of any lack of conformity, a mixed objective-subjective standard should be applied, which has regard to the respective commercial situation of the buyer and the seller, to any cultural differences, but above all, to the nature of the goods. Also to determine the specificity requirement is to satisfy the purpose of notice of lack of conformity.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.39
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• pp.251-280
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• 2008

A party to the charter will not be able to rely upon the doctrine of frustration if an event which makes further performance impossible has been caused by his breach of the charter. Strictly speaking, this is not a situation of frustration at all but rather a case of discharge of the contract by breach. In the Sea Angel case, the defendant entered into a Lloyd's Standard Form of Salvage Agreement with owners of the casualty on the LOF 2000 form, incorporating the SCOPIC clause. The time charter was on the terms of the Shelltime 4 form. This case the trial of the action brought by the claimants owners of the vessel Sea Angel claiming outstanding hire from the defendant charterers. This Case was issued whether charterparty frustrated by refusal of port authorities to issue "No Demand Certificate" allowing port clearance pending payment of oil spillage clean-up costs. The court concluded that no attempt had yet been made to invoke the assistance of the Pakistani court to obtain the release of the vessel. There was not so radical or fundamental a change in the obligation assumed by defendant as to establish frustration. The purpose of this study aims to analyse frustration and time charter in the Sea Angel case.

• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.91-116
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• 2010

As Complex Regional Pain Syndrome (CRPS) is a new and rare illness, medical cause for it has not yet been clearly found out. Nevertheless, the patients continue to file lawsuits for damage compensation against wrongdoers or their insurers, claiming that the cause of the illness is certain actions of the wrongdoers. Moreover, the claim amount reaches to hundreds of millions of won through billions of won unlike other illnesses. Therefore, CRPS has become an important legal issue in the damage compensation lawsuit. Even though the wound is slight, the development and result may be serious in the case of CRPS. As a result, a sharp conflict arises even regarding medical diagnosis of CRPS in the lawsuit. And, even if the medical diagnosis of CRPS is admitted, severe debates occurs with regard to many issues, which include the causation between accident and CRPS in connection with establishment of damage compensation liability and scope of liability like anamnesis, determination standard of aftereffect disability, and scope of admitted aftereffect medical expense in connection with scope of damage compensation. In this study, I will review fundamental medical research on CRPS up to now and discuss principal legal issues in the damage compensation lawsuit focusing on lower court rulings.

• Proceedings of the Korean Society for Information Management Conference
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• 2002.11a
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• pp.23-65
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• 2002

This study is to consider varying factors of internal/external informational and operational environments in libraries, and develop a new evaluation indicators for university libraries in digital environments. In order to do this research, the previous works have been investigated, and the Delphi study and our own analysis have been performed. The main research results are as follows. First, the results through the Delphi method that was to adopted to verify evaluation items and indicators determined by the literature review show that the repressed values for each evaluation category is greater than 3.00. overall average is 4.02. and standard deviation is ranged from 0.40 to 0.62 for each category. This means that the evaluation indicators are valid. Second, the factor analysis was performed to verify the construct validity of evaluation indicators. As a result. the cumulative variance of evaluation indicators consisting of 11 dimensions per factor is 72.733%. In turn, this result shows that the validity of these indicators is very reliable. Third, t-test and one way ANOVA are performed within significance probability 0.05 in order to verify differences in each librarians point of views for the degree of importance in evaluation indicators. The results show that these evaluation indicators are verified to be appropriate since there is no significant difference. Based on the Delphi study and our own analysis. we developed a new evaluation indicators that consists of 7 evaluation categories, 35 evaluation items, and 92 evaluation indicators.

• Restorative Dentistry and Endodontics
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• v.38 no.1
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• pp.2-10
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• 2013

A common failure in endodontic treatment of the permanent maxillary first molars is likely to be caused by an inability to locate, clean, and obturate the second mesiobuccal (MB) canals. Because of the importance of knowledge on these additional canals, there have been numerous studies which investigated the maxillary first molar MB root canal morphology using in vivo and laboratory methods. In this article, the protocols, advantages and disadvantages of various methodologies for in-depth study of maxillary first molar MB root canal morphology were discussed. Furthermore, newly identified configuration types for the establishment of new classification system were suggested based on two image reformatting techniques of micro-computed tomography, which can be useful as a further 'Gold Standard' method for in-depth morphological study of complex root canal systems.

• Physical Therapy Korea
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• v.23 no.2
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• pp.93-99
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• 2016

Background: Parametric statistical procedures are typically conducted under the condition in which a sample distribution is statistically identical with its population. In reality, investigators use inferential statistics to estimate parameters based on the sample drawn because population distributions are unknown. The uncertainty of limited data from the sample such as lack of sample size may be a challenge in most rehabilitation studies. Objects: The purpose of this study is to review the bootstrapping method to overcome shortcomings of limited sample size in rehabilitation studies. Methods: Articles were reviewed. Results: Bootstrapping method is a statistical procedure that permits the iterative re-sampling with replacement from a sample when the population distribution is unknown. This statistical procedure is to enhance the representativeness of the population being studied and to determine estimates of the parameters when sample size are too limited to generalize the study outcome to target population. The bootstrapping method would overcome limitations such as type II error resulting from small sample sizes. An application on a typical data of a study represented how to deal with challenges of estimating a parameter from small sample size and enhance the uncertainty with optimal confidence intervals and levels. Conclusion: Bootstrapping method may be an effective statistical procedure reducing the standard error of population parameters under the condition requiring both acceptable confidence intervals and confidence level (i.e., p=.05).

• KIEAE Journal
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• v.11 no.5
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• pp.97-106
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• 2011

This study has been conducted focusing on the analysis of the turn-key proposal for Gimpo-Han River New City. The study expected that it would come up with design trends and introduction properties of each plan for the eco-friendly development of an apartment house. The concept of environment-friendly design was thought in four parts: 'Land use and transportation,' 'Ecological environment', 'Energy resource and environmental impact' and analysis factors of each part were chosen by specific items from the prospective researches and guidelines that already given on the projects. In conclusion, a proper development of the environmental-friendly apartment house will not be achieved unless the designers try to overcome their prejudice against eco-friendly planning elements applications. Along with the designers' attempt, it is also necessary to review the evaluation articles of the certification system for the existing environmental-friendly structures as well as to compensate and establish detailed evaluation standards. As the problems are being worked on, an integrated, effective evaluation standard for the eco-friendly planning elements will be determined. This way, an environmental-friendly residential development with a better quality will be eventually realized.

• The Journal of Fisheries Business Administration
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• v.41 no.1
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• pp.1-24
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• 2010

The main goal of the study is to propose an objective and standardized evaluation system of stock enhancement programs. In order to achieve this goal, the study first suggested the need for stock enhancement program evaluation system through the review of current status and problems. Second, the study identified possible problems of the existing stock enhancement program evaluation by reviewing domestic and foreign evaluation systems. Finally the study proposed a new evaluation system and implementation plan of it. This study also classified the program evaluation criteria into ex-ante evaluation and ex-post evaluation according to the evaluation point in time, and applied the economic, political and technical feasibility tests into the evaluation of the stock enhancement program in order to solve the current problems of the evaluation. The evaluation process of the stock enhancement program is composed of an evaluation system design, estimation of weights using the analytical hierarchy process, design of estimation standard, conversion of scores and final summary of the evaluation. The central government takes the lead in the evaluation of the regional (metropolitan city or province) projects and the regional government is in charge of the evaluation of the local (city or county) projects. For the implementation of the ex-ante evaluation, either the regional or local governments ask for the evaluation and then submit an evaluation plan and other necessary documents to the upper level governments. The ex-post evaluation is then carried out by the upper level governments.

• Journal of Korean Academy of Nursing
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• v.35 no.2
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• pp.292-302
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• 2005

Purpose: Concept analysis was performed on the behavioral concept of endotracheal suctioning (ETS), to identify the goal, to develop astandardized clinical protocol, to identify the antecedents and consequences, and to differentiate the improper use of ETS. Method: Walker & Avant's concept analysis was employed using clinical guidelines, books and review articles in which the procedures of ETS were written in detail and published in Pubmed within the last 20 years. Result: The macro-goal of ETS was to remove accumulated respiratory secretions. Three defining attributes of ETS were identified; catheter, suctioning and asepsis. Each attribute involved empirical referents, such as the size and depth of the catheter, the suction pressure, duration and method for suctioning. The antecedents of ETS were identical to the clinical evidences for the need of ETS such as the nursing assessment data. The consequences of ETS serve as an evaluation criteria on the effectsof ETS based on the goal of ETS. Conclusion: The concept analysis of ETS demonstrates an example of considering a specific nursing protocol of ETS as a behavioral concept, applying concept analysis to it to identify it's key behavioral components as defining attributes and empirical referents and then developing and applying the standard ETS protocol.

• 한국디지털정책학회:학술대회논문집
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• 2005.06a
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• pp.559-570
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• 2005

This paper presents how to establish an efficient e-Learning environment using open source software. A LMS with additional functionalities on the top of dotLRN. which is a open source project for LMS, is presented. Additional functionalities include modification of the language for Korean, adoption of SCORM educational standard, and management of learning outcome. This system had been serviced for Kongju cyber university for one year on stable basis. The scope of this paper covers introduction, characteristics review, and the learner's learning outcome analysis.