• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.251-293
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• 2002

The study is a comparative and analytical study which comprises of the analysis of the rules of the buyer's right to withhold performance where the seller delivers defective goods or documents of three legal systems; the CISG, English law and Korean law. The purposes underlying this study are twofold. The first is to clarify the current position as to the right of withholding performance in the event of the seller's tender of defective goods or documents in Korean law, CISG and English law so that it may assist the parties in drafting the buyer's right to withhold performance in their own contract. The second is to compare the rules of one jurisdiction with those of other jurisdictions and to evaluate the rules in light of the practical functions and benefits of the right to withhold performance and 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 shows that each jurisdiction does not have any provision or case law specifically dealing with the buyer's right to withhold performance where the seller delivers the goods which are defective in terms of quality or quantity. The absence of such provision or case in each jurisdiction has resulted in either disputes or uncertainty. However, the study executed in light of the primary functions and benefits of the right in practice and the discipline of comparative law reveals that, first, the view in English law which is against recognizing the right may not be justified when one considers the practical importance of having the right and the position taken by the CISG as a well developed and modernized law, second, the view in Korean law which argues that the principle of specific goods dogma on which it is based is extended even to substitutable or repairable goods cannot be also justified on the ground of one's ordinary expectation and the position under the CISG and English law which imposes a contractual duty to deliver non-defective goods on the seller insofar as the buyer's payment is deemed to be made in exchange for the seller's delivery of non-defective goods and they are substitutable or repairable. Regarding the right to withhold performance in the event of the seller's tender of defective documents, the study shows that the relatively detailed rules in English law may be utilized as a guideline to fill the gap in the CISG and Korean law in terms of the practicability and appropriateness to govern documentary sales. Furthermore, it is found that the position in English law which confers on the buyer the right to withhold performance for a trivial defect in documents may be unreasonable in terms of one's need to enable justice to be done in individual cases.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.129-150
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• 2003

Software license agreements, to be useful in the mass market, could not be individually negotiated, and had to be standardized and concise. The software license agreement needs to be presented to the licensee-users in a fashion that would allow for mass distribution of software, also for it to enforceable, that would draw the users' attention to the terms and conditions under which the publisher allowed the use of the software. These needs have been accomplished, with or without fail, through so called the "shrink-wrap licenses" Shrink-wrap licenses purpose to transfer computer softwares to their users by defining the terms and conditions of use of the software without implicating the "first sale doctrine" of the Copyright Act. These shrink-wrap licenses have become essential to the software industry. However, in USA, the law applicable to these licenses has been unclear and unsettled. Courts have struggled to develop a coherent framework governing their enforceability. Meanwhile, the National Conference of Commissioners on Uniform State Laws ("NCCUSL") in USA promulgated the Uniform Computer Information Transaction Act ("UCITA") governing contracts for computer information transaction on July 29, 1999. One clear objective of UCITA was to settle the law governing the enforceability of shrink-wrap licenses. In these respects, this paper first introduces the various forms that shrink-wrap licenses take(at Part II. Section 1.), and explains the main advantages of them(at Part II. Section 2.) Here it shows how shrink-wrap licenses value themselves for both software publishers and users, including that shrink-wrap licenses are a valuable contracting tool because they provide vital information and rights to software users and because they permit the contracting flexibility that is essential for today's software products. Next, this paper describes the current legal framework applicable to shrink-wrap licenses in USA(at Part III). Here it shows that in USA the development of case law governing shrink-wrap licenses occurred in two distinct stages. At first stage, judicial hostility toward shrink-wrap licenses marked such that they were not enforced pursuant to Article 2 of the Uniform Commercial Code. At second stage, courts began to recognize the pervasiveness of shrink-wrap licenses, their indispensability to the rapidly expanding information technology industry, and the urgent need to enforce such licenses in order to maintain low prices for consumers of computer hardware or software, resulting in the recognition of shrink-wrap licenses. Finally, in view of the importance of UCITA, this paper examines how it will affect the enforceability of shrink-wrap licenses(at Part IV). The drafters of UCITA, as well as the scholars and practitioners who have criticized it, agree that it validates shrink-wrap licenses, provided certain procedural protections are afforded to purchasers. These procedural protections include the licensee end-user must (i) manifest his assent to the shrink-wrap license, (ii) have an opportunity to review the shrink-wrap license, (iii) have a right to return the product without costs.

• Journal of Fashion Business
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• v.3 no.3
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• pp.27-37
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• 1999

The purpose of this study is to provide for the basic data useful to the effective production and marketing of the brassiere befitting adult women's body shapes and preferences, and thereby, help them improve their apparel life. For this purpose, 563 Korean adult women aged between 20-59 were sampled to survey their practices of purchasing the brassieres and positively identify the factors affecting the practices and thereupon, determine the correlations among them by age group. Data is processed by a computer(SAS) and analyzed by using frequency, percentage, $\chi^2$-test, ANOVA, Duncan-test. The main results of this study are as follows; 1. The adult women tend to use such mass media as TV, magazines, catalogues and DM to decide for themselves which brassiere befits them most, and to check the brand-name(78.8%) or the sizes(93.4%), but more than 90% of them purchase their brassieres without trying on them. 2. The places of purchasing on which adult women rely most for their brassiere are department stores(32.6%), agencies(26.1%) and discount or pension shops(25.4%), while more than 90% of the sample women often visit bargain sale shops. The average number of brassieres possessed by our adult women is 5.7, and an adult women buys 2.6 brassiere costing 10-30 thousand wons a year on average and consumes a brassiere for the period from 6 months to 2 years. 3. It had been disclosed that the brand favored most by adult women is Venus(56.2%), followed by Vivien (17.6%), Wacoal(6.8%), Amie(2.5%) and Body Guard(2.3%). The most influential factors for the popularity of brands are fitting condition(40.3%) and design(23.8%), which suggests that consumers appreciate functionality and aesthetics. The most important reference affecting our women's choice of brassiere is size(64.4%), followed by design and functionality. The brassiere style favored most by adult women is a wire-type 3/4 cup brassiere made of thin material with sewing lines, while the most favorite color is white. In all, it has been found through this study that adult women's practices of buying their brassieres differ by age group, which may well suggest that brassiere production need to take such age-wise practices into consideration in setting up their brassiere production and marketing strategies.

• Korean Journal of Poultry Science
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• v.12 no.2
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• pp.107-111
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• 1985

This studies were carried out to obtain the information on the establishment of marketing of broilers. The data for these studies were collected from 16 whole sale traders, 25 retail stores, 12 supermarkets and 3 direct-sales stall located at the suburbs of Seoul, Daejon, Gwangju and Busan. 1. Chickens were generally sold and named for a Spring chicken(0.6-0.9kg), a Boiled chicken of ginseng (1.0-l.3kg), a Semi-bro (1.3-l.7kg) or High-bro(1.8-2.1kg) by their body weight, However, those names were not uniform. 2. Since 47.5% of High-bro chickens, 60.0% of Spring chickens and 16.7% of Semibro chickens were used for domestic use and 66.7% of Semi-bro chickens was taken by butchers, it seemed that most chickens except Highbro and Spring chicken were distributed via butchers. 3. In most cases(75%) when the carcasses were sold a exact measurement was taken, but in some cases(18.8%) eye measurement was still used. 4. For the standardization of carcasses, 37.5% of the answered were for that and 50% of them wanted a gradual standardization and 66.5% of the answered wanted chicks sold by parts.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.24 no.3
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• pp.293-299
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• 2014

Objectives: The main objective of this study is to investigate domestic usage amount of insecticide for vegetable cultivation to provide fundamental data for establishing job-exposure matrix(JEM) related to farmers treating agricultural insecticide. Materials and Methods: The survey on domestic usage amount of insecticide for vegetable cultivation was conducted by two research methods. The first method is to utilize agricultural pesticides published annually from Korea Crop Protection Association(KCPA). The second method is to apply cultivation area of vegetable announced officially from Statistics Korea(SK). An estimation of domestic usage amount of insecticide for vegetable cultivation through the second method was done by multiplying total cultivation area of vegetable($m^2$) with optimal spray amount of insecticide for vegetable cultivation per unit cultivation area of vegetable ($kg/m^2$). Results: As a result of analysis of public data related to insecticide for vegetable cultivation, it was found that its domestic usage amount has decreased gradually from the first sale year(1969) to current year(2012). There is, however, a considerable difference of annual usage trend of insecticide for vegetable cultivation between shipments and estimation. The annual usage trends of insecticide for vegetable cultivation based on regional classification were different from those based on total aspect. Conclusions: The region which used insecticide for vegetable cultivation the most in Korea was Jeolla-do, followed by Gyeonsang-do, Chungcheong-do, Seoul/Gyeonggi-do, Gangwon-do and Jeju-do. Substantially, mean ratio of usage amounts of insecticide based on shipments and those based on estimation by cultivation area was $281{\pm}115%$, which indicates that usage amounts of insecticide estimated by cultivation area are three times lower than those based on shipments.

• Land and Housing Review
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• v.3 no.4
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• pp.357-367
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• 2012

The efficient business scheme were suggested with the consideration of the local development condition at Ulaanbaatar. Major findings of the study were presented as follows. First, high level of education and the underground resources are presented as the merits of Mongolia. On the other side, the defects are limited domestic demands of 2.6 millions of population and the insufficiency of the infrastructure. The improvement of the infrastructures like roads, water & sewage, electric power, and heating is urgent while the development pressure of Ulaanbaatar is expected to be high due to the continuous inflow of population. Secondly, the Mongolian land system consists of the right of ownership, lease and use, therefore there are some differences among the right of land. Thirdly, definite business scheme to sell land in lots and to sell buildings in lots are suggested which are actual methods to participate in the development project in Ulaanbaatar. Moreover, enhancing the possibility to sell the lands, fixing the proper sale price to secure the profit, finding the proper buyer for the profitable lands, investing of quota and guaranteeing of granting the principal and interest by the Mongolian government, etc. are presented as consideration when participate in projects.

• Journal of Mushroom
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• v.11 no.4
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• pp.249-253
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• 2013

'Gonji10ho', a new variety of Neolentinus lepideus, was bred by mating two monokaryotic strains isolated from 'GMNL66037' and 'GMNL66014' in Mushroom Research Institute, Gyonggi-Do ARES in 2012. The optimum temperature for the mycelial growth of 'Gonji10ho' was $29^{\circ}C$ on PDA medium and that for the primordia formation and the growth of fruiting body of 'Gonji10ho' was $20{\pm}1^{\circ}C$. In bottle cultivation of 'Gonji10ho', the period of spawn running was around 35 days at $22{\pm}1^{\circ}C$ and the period from scratching of inoculum to harvesting was 27 days. 'Gonji10ho' had thicker pileus and stipe than control variety('Solhyang'). The number of available stipe was fewer than that of control variety. During the cultivation of 'Conji10ho', the occurrence rate of Trichoderma spp. was lower than that in control variety. In bottle cultivation, the yield of fruiting bodies of 'Gonji10ho', which was 38% higher than that of control variety, was 69.6 g/900 ml bottle, and in bag cultivation, that of 'Gonji10ho', which was 10% higher than that of control variety, was 114.2 g/1 kg bag. In physical characteristics, the strongness and brittleness of the pileus of 'Gonji10ho' were higher than those of control variety. When considered in the period available for sale, the shelf life of 'Gonji10ho', which was 5 days longer than that of control variety, was 34 days.

• Food Science of Animal Resources
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• v.28 no.1
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• pp.59-62
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• 2008

The aim of this work was to assess the Delvo test for the detection of antimicrobial residues in goat milk. A total of fifty six samples (eight farms, seven samplings each) were analyzed by the Delvo, Eclipse 100, and Parallux tests. None of the samples showed positive results with the Parallux test which is based on immune-chemical methods. However, 37.5% of samples showed positive results with the Delvo test. 3.6% of samples showed positive results with the Eclipse 100 test, which is based on a microbiological method. The Delvo test is included in the 'standard methods for the examination of raw milk' by the National Veterinary Research and Quarantine Service as a microbiological method used for the detection of antimicrobial residues. Because "raw milk" is defined as 'milked state of cow, ewe and goat milk for sale or for processing' in the Animal Food Products Processing Law, the Delvo test should be excluded from the 'standard method for the examination of raw milk', or additional official documents referring to the Delvo test as not appropriate for the detection of antimicrobial residues of goat milk are required.

• Journal of the Korean Society of Clothing and Textiles
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• v.31 no.11
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• pp.1510-1519
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• 2007

This comparative study analyzes and compares tight skirt sewing methods which are found in the clothing configuration reference text books available in contemporary universities and which are used in commercially-available domestic consumer products. The study samples included 15 text books and 12 tight skirt consumer products of different brands on sale at three department stores in Seoul each of which had a belt, a back-centered zipper, and back double slits. The findings of the study are summarized as follows: First, text books mainly show very basic sewing methods of using zippers on both sides of the straight-lined waist belt. This indicates that it is necessary for such methods to be complemented so that they cover a recent variety of designs, materials, and sewing machines. For consumer products, the main sewing method is to use a curved waist belt and a console zipper in silhouette running across half the hipbone. Second, consumer products employ three different types of cutting and sewing methods for putting an inseam on the center of the back slit part: to leave the whole inseam hemmed in the back center, to cut the left side of the inseam to the upper part of the back slit, and to cut the inseam to both the upper parts of the back slit. However, a method shown in most of the sampled text books is to cut the inseam of the back center to both the upper parts of the back slit. Third, the way of finishing a bottom edge hem in the text books is to do slip-stitch, herringbone stitch, and slinting hemming, in order after doing over-lock stitch, or to cut the hem on the bias and then slip-stitch, while for the consumer products the most frequently used sewing method is to finish the bottom edge hem by doing secoui-stitch. Finally, while in the text books the method of stitching darts and tucks is used for lining, the main lining method used in consumer products is to make tucks only. Also in the way of stitching the side seams of lining or the seams of the back center, there is a difference between the two sample groups of text books and the consumer products: while the former suggests using both open seams and over-lock stitch, the latter is found to finish the seams using an over-lock stitch only.

• Agribusiness and Information Management
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• v.11 no.1
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• pp.27-39
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• 2019

Agricultural risks are exacerbated by a variety of factors ranging from climatevariability and change, frequent natural disasters, uncertainties in yields and prices, weakrural infrastructure, imperfect markets and lack of financial services including limited spanand design of risk mitigation instruments such as credit and insurance. Indian agriculture has little more than half (53%) of its area still rainfed and this makes it highly sensitive to vagaries of climate causing unstable output. Besides adverse climatic factors, there are man-made disasters such as fire, sale of spurious seeds, adulteration of pesticides and fertilizers etc., and all these severely affect farmers through loss in production and farm income, and are beyond the control of farmers. Hence, crop insurance' is considered to be the promising tool to insulate the farmers from risks faced by them and to sustain them in the agri-business. This paper critically evaluates the performance of recent crop insurance scheme viz., Pradhan Mantri Fasal Bhima Yojana (PMFBY) and its comparative performance with earlier agricultural insurance schemes implemented in the country. It is heartening that, the comparative performance of PMFBY with earlier schemes revealed that, the Government has definitely taken a leap forward in covering more number of farmers and bringing more area under crop insurance with the execution of this new scheme and on this front, it deserves the appreciation in fulfilling the objective for bringing more number of farmers under insurance cover. The use of mobile based technology, reduced number of Crop Cutting Experiments (CCEs) and smart CCEs, digitization of land record and linking them to farmers' account for faster assessment/settlement of claims are some of the steps that contributed for effective implementation of this new crop insurance scheme. However, inadequate claim payments, errors in loss/yield assessment, delayed claim payment, no direct linkage between insurance companies and farmers are the major shortcomings of this scheme. This calls for revamping the crop insurance program in India from time to time in tune with the dynamic changes in climatic factors on one hand and to provide a safety-net for farmers to mitigate losses arising from climatic shocks on the other. The future research avenues include: insuring the revenue of the farmer (Price × Yield) as in USA and more and more tenant farmers should be brought under insurance by doling out discounts for group coverage of farmers like in Philippines where 20 per cent discount in premium is given for a group of 5-10 farmers, 30 per cent for a group of 10-20 and 40 per cent for a group of >20 farmers.