• 무역상무연구
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• 제14권
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• pp.103-152
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• 2000

English contract law has traditionally taken the view that it is not the duty of the parties to a contract to give information voluntarily to each other. In English law, one of the principal distinctions between insurance contract law and general contract law is the existence of the doctrine of utmost good faith in insurance law. The doctrine gives rise to a variety of duties, some of which apply before formation of the contract while others apply post-formation. This article is, therefore, designed to analyse the overall structure and problems of the doctrine of utmost good faith in English marine insurance law. The results of analysis are as following : First, the requirement of utmost good faith in marine insurance law arises from the fact that many of the relevant circumstances are within the exclusive knowledge of the assured and it is impossible for the insurer to obtain the facts to make a appropriate calculation of the risk that he is asked to assume without this information. Secondly, the duty of utmost good faith provided in MIA 1906, s. 17 has the nature as a bilateral or reciprocal, overriding and absolute duty. Thirdly, the Court of Appeal in Skandia held that breach of the pre-formation duty of utmost good faith did not sound in damages since the duty did not arise out of an implied contractual term and the breach did not constitute a tort. Instead, the Court of Appeal held that the duty was an extra-contractual duty imposed by law in the form of a contingent condition precedent to the enforceability of the contract. Fourthly, the scope of the duty of utmost good faith is closely related to the test of materiality and the assured is required to disclose only material circumstances subject to MIA 1906, s. 18(1) and 20(1). The test of materiality, which had caused a great deal of debate in English courts over 30 years, was finally settled by the House of Lords in Pan Atlantic and the House of Lords rejected the 'decisive influence' test and the 'increased risk' test, and the decision of the House of Lords is thought to accept the 'mere influence' test in subsequent case by the Court of Appeal. Fifthly, the insurer is, in order to avoid contract, required to provide proof that he is induced to enter into the contract by reason of the non-disclosure or misrepresentation of the assured. Sixthly, the duty of utmost good faith is, in principle, terminated before contract is concluded, but it is undoubtful that the provision under MIA 1906, s. 17 is wide enough to include the post-formation duty. The post-formation duty is, however, based upon the terms of marine insurance contract, and the duty lies entirely outside s. 17. Finally, MIA 1906, s. 17 provides expressly for the remedy of avoidance of the contract for breach of the duty. This means rescission or retrospective avoidance of the entire contract, and the remedy is based upon a fairly crude 'all-or-nothing' approach. What is needed in English marine insurance law is to introduce a more sophiscated or proportionate remedy.

• 무역상무연구
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• 제42권
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• pp.275-305
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• 2009

Marine insurance contracts, which intended to provide indemnity against marine risks upon the payment of price, known as a premium, originated in Northern Italy in the late 12th and early 13th centuries. The law and practice were later introduced into England through the Continent. It is, therefore, quite exact that English and European marine insurance law have common roots. Nevertheless, significant divergences between English and European insurance systems occurred since the late 17th century, mainly due to different approaches adopted by English courts. The rule of warranty in English marine insurance was developed and clarified in the second part of the 18th century by Lord Mansfield, who laid the foundations of the modern English law of marine insurance, and developed different approaches, especially in the field of warranty in marine insurance law. Since the age of Lord Mansfield, English marine insurance law has a unique rule on warranty. This article is, therefore, designed to analyse the overall rule of the rule of warranty in English marine insurance law. The result of analysis are as following. First, warranties are incorporated to serve a very significant function in the law of insurance, that is, confining or determining the scope of the cover agreed by the insurer. From the insurer's point of view, such the function of warranties is crucial, because his liability, agreed on the contract of insurance, largely depend on in, and the warranties, incorporated in the contract play an essential role in assessing the risk. If the warranty is breached, the risk initially agreed is altered and that serves the reason why the insurer is allowed to discharge automatically further liability from the date of breach. Secondly, the term 'warranty' is used to describe a term of the contract in general and insurance contract law, but the breach of which affords different remedies between general contract law and insurance contract law. Thirdly, a express warranty may be in any form of words from which the intention to warrant is to be inferred. An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy. It does not matter how this is done. Fourthly, a warranty is a condition precedent to the insurer's liability on the contract, and, therefore, once broken, the insurer automatically ceases to be liable. If the breach pre-dates the attachment of risk, the insurer will never put on risk, whereas if the breach occurs after inception of risk, the insurer remains liable for any losses within the scope of the policy, but has no liability for any subsequent losses. Finally, the requirements on the warranty must be determined in according to the rule of strict construction. As results, it is irrelevant: the reason that a certain warranty is introduced into the contract, whether the warranty is material to the insurer's decision to accept the contract, whether or not the warranty is irrelevant to the risk or a loss, the extent of compliance, that is, whether the requirements on the warranty is complied exactly or substantially, the unreasonableness or hardship of the rule of strict construction, and whether a breach of warranty has been remedied, and the warranty complied with, before loss.

• 재무관리연구
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• 제2권1호
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• pp.55-75
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• 1986

This article is to analyse the economic efficiency of capital market, which plays a role of resource allocation in terms of financial claims such as stock and bond. It provides various contributions to the welfare theoretical aspects of modern capital market theory. The key feature that distinguishes the theory described here from traditional welfare theory is the presence of uncertainty. Securities has time dimensions and the state and outcome of the future are really uncertain. This problem resulting from this uncertainty can be solved by complete market, but it has a weak power to explain real stock market. Capital Market is faced with the uncertainity because it is a kind of incomplete market. Individuals and firms in capital market made their consumption-investment decision by their own criteria, i. e. the maximization of expected utility form intertemporal consumption and the maximization of the market value of firm. We noted that allocative decisions that had to be made in the economy could be naturally subdivided into two groups. One set of decisions concerned the allocation of first-period resources among consumption $C_i$, investment in risky firms $I_j$, and riskless investment M. The other decisions concern the distribution among individuals of income available in the second period $Y_i(\theta)$. Corresponing to this grouping, the theoretical analysis of efficiency has also been dichotomized. The optimality of the distribution of output in the second period is distributive efficiency" and the optimality of the allocation of first-period resources is 'the efficiency of investment'. We have found in the distributive efficiency that the conditions for attainability is the same as the conditions for market optimality. The necessary and sufficient conditions for attainability or market optimality is that (1) all utility functions are such that -$\frac{{U_i}^'(Y_i)}{{U_i}^"(Y_i)}={\mu}_i+{\lambda}Y_i$-linear risk tolerance function where the coefficients ${\mu}_i$ and $\lambda$ are independent of $Y_i$, and (2) there are homogeneous expectations, i. e. ${\Large f}_i(\theta)={\Large f}(\theta)$ for every i. On the other hand, the efficiency of investment has disagreement about optimal investment level. The investment level for market rule will not generally lead to Pareto-optimal allocation of investment. This suboptimality is caused by (1)the difference of Diamond's decomposable production function and mean-variance valuation model and (2) the selection of exelusive investment or competitive investment. In conclusion, this article has made an analysis of conditions and processes of Pareto-optimal allocation of resources in capital marker and tried to connect with significant issues in modern finance.

• Asian-Australasian Journal of Animal Sciences
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• 제24권3호
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• pp.303-321
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• 2011

The availability and efficient use of the feed resources in Asia are the primary drivers of performance to maximise productivity from animals. Feed security is fundamental to the management, extent of use, conservation and intensification for productivity enhancement. The awesome reality is that current supplies of animal proteins are inadequate to meet human requirements in the face of rapidly depleting resources: arable land, water, fossil fuels, nitrogenous and other fertilisers, and decreased supplies of cereal grains. The contribution of the ruminant sector lags well behind that of non-ruminant pigs and poultry. It is compelling therefore to shift priority for the development of ruminants (buffaloes, cattle, goats and sheep) in key agro-ecological zones (AEZs), making intensive use of the available biomass from the forage resources, crop residues, agro-industrial by-products (AIBP) and other non-conventional feed resources (NCFR). Definitions are given of successful and failed projects on feed resource use. These were used to analyse 12 case studies, which indicated the value of strong participatory efforts with farmers, empowerment, and the benefits from animals of productivity-enhancing technologies and integrated natural resource management (NRM). However, wider replication and scaling up were inadequate in project formulation, including systems methodologies that promoted technology adoption. There was overwhelming emphasis on component technology applications that were duplicated across countries, often wasteful, the results and relevance of which were not clear. Technology delivery via the traditional model of research-extension linkage was also inadequate, and needs to be expanded to participatory research-extension-farmer linkages to accelerate diffusion of technologies, wider adoption and impacts. Other major limitations concerned with feed resource use are failure to view this issue from a farming systems perspective, strong disciplinary bias, and poor links to real farm situations. It is suggested that improved efficiency in feed resource use and increased productivity from animals in the future needs to be cognisant of nine strategies. These include priorities for feed resource use; promoting intensive use of crop residues; intensification of integrated ruminant-oil palm systems and use of oil palm by-products; priority for urgent, wider technology application, adoption and scaling up; rigorous application of systems methodologies; development of adaptation and mitigation options for the effects of climate change on feed resources; strengthening research-extension-farmer linkages; development of year round feeding systems; and striving for sustainability of integrated farming systems. These strategies together form the challenges for the future.

• Journal of Periodontal and Implant Science
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• 제28권4호
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• pp.785-797
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• 1998

This study has been done to prove that keratinized gingiva is required for the periodontal health and to analyse the adequate width that is necessary. Until now, the study on frenum has been documented on changing its location. But the location or the formation of the frenum has not been reported. This experiment has used 173 patients from the department of periodontology of Dankook University to investigate the width of keratinized gingiva, the formation of the frenum and its location for the frequency. This study also looks into the relationship between the gingival recession and the structure of the frenum, and affects they have on periodontal health. The width of the keratinized gingiva in the mandible has been found to be highest in the lateral incisor than in the central incisor. The width decreased from the canine to the first premolar until it reached the molar. The interproximal area of the mandibular frenum was 77.9%, which was greater than the frequency (22.1%) from the midline of the teeth. The highest frequency of frenum was at 30.6% in between the both central incisor then second greatest at 20.6% in between the right canine and the right first premolar. Frenum was not found in between the second premolar and the distal area. In the morphology of the frenum, it was found that 43.4% out of 551 parts were found to be a single narrow frenum, and the double or triple ligamented form of the complex frenum were found in similar frequency of 237 parts, but the broad frenum was rarely frequent. The incisal area was popular mostly with the single narrow frenum, the left premolar area frequented 57.4%, and the right premolar frequented 64.7%. Because the distance between the frenum apex and the gingival margin measured to be about 5mm or greater, the frenum apex started in the mucogingival junction and not just below the keratinized gingiva. In the 551 area investigated, 48.3% of gingiva showed recession, incisal area had recession the least at 44.9%, right buccal side at 47.4%, and right buccal side frequented the highest at 52.1%. The teeth that showed recession recessed at the average of 2.151.0.mm and the left canine showed the greatest amount of gingival recession. In the investigation to find out if the keratinized gingiva and the gingiva recession had mutually related somehow, the width of keratinized gingiva showed no affect on the probing depth, but had affected in the gingiva recession. This investigation showed that the gingival recession and the morphology of the frenum related in that, the single narrow frenum had recessed the least and the broad frenum recessed the most. With this analysis, a conclusion was drawn that the morphology of the frenum had affected in the gingical recession.

• 보건교육건강증진학회지
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• 제19권2호
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• pp.23-43
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• 2002

Purpose: The purpose of this study is to examine and analyse factors related to the actual status and practice of breast-feeding during an infant period to grasp elements detrimental to breast-feeding and, therefore, provide basic information useful for its effective practice and encouragement. Method: From April 1 to June 30, 2001, this study was carried out with the mothers of 337 who were 6 months old, as of the surveyed date, of infants born in 2002 and registered in Seongju-gun Public Health Center, Gyeongsangbug-do Province. The method for its survey included both of the visiting and telephone interviews, and questions were mainly about the mothers' general characteristics(3 questions), infants' general characteristics(3 questions), environmental characteristics of infant delivery( 4 questions), support to breast-feeding(4 questions), understanding of breast-feeding(5 questions), and feeding type during the 1 to 6-month period after birth. Result: 1. The feeding type during the I-month period after birth showed that the breast-feeding accounted for 42.4%, which was higher than dry milk-feeding(30%) or mixed milk-feeding(26.8%). However, it began to be lower than the dry milk-feeding from the 2-month period after birth. During the 6-month period, the breast-feeding accounted for 28.6% which was lower than 56.5% of the dry milk-feeding. 2. The mothers who were encouraged by their delivery clinic to and were educated to breast-feed infants accounted for 55.4% and 41.4%, respectively, which were relatively low. The understanding of breast-feeding indicated that the responses were positive from the view point of mother ＆ infant health, but negative from mother's physical form. 3. It was shown that the lower the educational background of mother(p〈0.05) and the higher the unemployment of mother(p〈0.001), the higher the positive understanding of breast-feeding, and that the higher the entire support to breast-feeding, the more positive their understanding. 4. It was also shown that the lower the educational background of mother(p〈0.05), the higher the unemployment of mother(p〈0.001), the more the experience in breast-feeding at a delivery clinic(p〈0.01) and the faster the initial feeding(p〈0.001), the higher the rate of breast-feeding. 5. The factor having an effect on breast-feeding included a delivery clinic's encouragement to breast-feed(p〈0.001), understanding of breast-feeding(p〈0.01), father's comment on feeding method(p〈0.05) and mother's employment(p〈0.05). Discussion: In order to encourage the breast-feeding, as shown above, it is required, fist of all, to offer pregnant women an education about importance and excellence of breast-feeding and its appropriate method before delivery in advance to result in a positive comprehension of the breast-feeding. To do that, both the publicity activities and program development designed to encourage the breast-feeding must be performed in advance at the government level. In addition to that, the mother-infant space as ‘rooming-in’ available for breast-feeding immediately after delivery must be prepared on the basis of legal and administrative support. Finally, female employees' leave after childbirth must be performed for the purpose of productive welfare and circumstances also be prepared for breast-feeding, such as a children's home at work.

• 과학기술학연구
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• 제6권1호
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• pp.1-30
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• 2006

이 논문은 울산시 북구의 음식물자원화 시설 건립을 둘러싼 환경 갈등에 대한 '시민 배심원제'의 적용을 분석한다. 북구의 시민배심원제는 우리나라에서 보기 드문 숙의적 시민참여 모델의 적용 사례로서 중요한 의미를 띤다. 이 논문은 우선 이론적으로 시민참여의 유형화를 통해서 숙의적 시민참여의 성격을 파악하였다. 시민참여의 유형화는 두 가지 기준에 바탕을 둔다. 첫째, 1차 참여자가 시민들인가 아니면 시민들을 포함한 여러 이해당사자 집단들인가? 둘째, 각 시민참여 모델이 상정하는 의사소통구조가 상호작용적인가 아닌가? 이 두 가지 기준을 적용하여 네 가지 일반적 시민참여 모델을 도출하였다. 직접 참여 모델, 협의 모델, 협상 모델, 그리고 숙의 모델이 이것들이다. 울산 북구의 시민배심원제에 의한 시민참여 사례는 숙의적 시민참여 모델에 해당된다. 우선 울산 지역의 여러 시민단체에서 선발되었지만 각 시민단체를 대표하는 입장이 아니라 개털 시민의 입장에서 참여가 이루어졌다고 여겨진다. 이론적으로는 이러한 참여자의 선정은 대표성 기준보다 포용성 기준에 의해서 타당성을 부여받을 수 있다. 또한 이러한 시민들을 대변하는 참여자들이 1차 참여자로 숙의의 주체가 되고 전문가, 정부와 주민 측을 대표한 이해당사자들은 증인의 자격으로 정보와 의견을 숙의과정에 투입했다는 점, 사회자에 의한 정보제공 및 숙의과정에 대한 관리가 공정하게 이루어졌다는 점등에서 볼 때 숙의과정의 설계와 집행이 숙의적 시민참여 모델의 기본적인 원칙에 따라서 이루어졌다는 것을 확인할 수 있었다. 그러나 울산 북구의 시민참여 사례가 숙의적 시민참여 모델에 해당하는 것으로 판단되지만 미국에서 확립된 시민배심원제에 해당하는 것을 아니라고 보아야 할 것이다.

• 한국컴퓨터정보학회논문지
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• 제18권7호
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• pp.165-174
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• 2013

최근 대학 위기론은 실로 엄청나게 사회적 파장까지 불러 일으켜 등록금 반값시대, 입학생 감소, 대학간 M&A 등 심각한 상태에 직면해 있다. 설마 교육의 상아탑인 대학이 이렇게 까지 오리라고는 아무도 상상도 하지 못했다. 이러한 대내외적인 환경의 위기극복을 위해 대학은 사회적 요구 부응과 교육의 질과 내실 있는 향상을 통하여 교육 수준을 고양시키는 대학 교육의 혁신을 꾀하고 있다. 이 혁신을 위해 대학에서는 예산절감을 꾀하고 동시에 대학간 우위를 점하고자 평가를 매년 실시하고 있다. 그리나 이러한 대학의 혁신은 교육 재정 확보 없이는 한계를 가질 수밖에 없다. 또한 대학 평가에 소요되는 예산은 재정구조의 개선과 대학의 발전에 직 간접적으로 지대하게 작용하고 있다. 대학평가와 예산의 상호 관련성을 분석하여 최적화 예산배분이 되도록 예산 절감과 평가 개선에 효과적인 모델로 의사결정방법을 모색하고자 한다. 따라서 본 논문에서는 이러한 대학 평가와 소요예산 배분의 최적화 의사결정을 수리모형인 선형계획법을 통하여 평가 및 예산배분 모형개발을 구현해 보고자 한다.

• 정보관리연구
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• 제42권1호
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• pp.113-135
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• 2011

2010년 6월에는 IFLA에서 FRBR 시리즈의 세 번째 보고서인 '주제전거레코드의 기능상의 요건'(FRSAD)이 발표되었다. 이 개념모형은 최근의 주제전거 동향을 나타낼 뿐 아니라, FRBR 체제에 적합한 주제전거레코드를 위한 밑거름이 될 것이다. 이에 본 연구에서는 FRBR 시리즈의 맥락 안에서 FRSAD 모형을 분석하고, 이 모형을 우리나라의 주제명표와 서지레코드에 시범적으로 적용하였다. 이를 위해 개체와 속성, 관계를 중심으로 FRSAD 모형을 분석하였는데, 그 결과 FRSAD는 개체의 범주를 미리 규정하지 않은 개방성을 가지고 있으며, 테마와 노멘을 구분함으로써 주제명의 형식 측면 뿐아니라 개념 측면까지 강조하고 있음을 알 수 있었다. 그리고 이 개념모형을 FAST의 패싯과 연계하여 NLSH에 속한 일부 주제명의 개념구조와 주제전거와 관련된 서지레코드의 필드로 표현한 사례를 함께 제시하였다. 단, 본 연구에서는 인명과 단체명, 표제를 제외한 추가적인 개체로서의 주제전거 데이터만을 분석대상으로 하였다. 그 결과 FRSAD에서 별도로 정의하지 않은 제3집단 개체의 유형을 선정하는 기준과 그 기준을 주제명표에 일관되게 적용하는 방안이 필요함을 알 수 있었다. 앞으로는 보다 더욱 구체적인 적용 사례와 그 결과를 분석한 후속연구가 필요할 것이다.

• 대한한의학방제학회지
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• 제16권2호
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• pp.11-29
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• 2008

Objective : The aim of this study was to analyse the latest trend of medical science articles about Bojungikki-Tang published in Japan. Methods : We searched medical science articles published from 2003 to 2008 in Japan on the web site, CiNii and then these articles were reviewed and classified according to experimental subject and method. Results : Fifty-two articles, related to Bojungikki-Tang were searched and these were classified into three classes, pharmacological signaling studies, clinical case studies and the others. As a result of classification, clinical case studies were most abundant by 38 cases, pharmacological signaling studies were 10 and the others were 4. This result suggested that the study of Bojungikki-Tang was mainly focused on clinical study rather than experimental study. Among the clinical case studies, clinical studies related to immune disease took the most greatest number and number of other clinical studies were evenly distributed over the various disease. Immune intensification effect of Bojungikki-Tang can be thought continuous with reinforce the middle Jiao Qi in company with improvement effect on growth hormone failure and male infertility. A fact that the one prescription, Bojungikki-Tang could be used to treat various diseases reflects a viewpoint of Oriental medicine that is based on the respect for and understanding of individual constitution and disposition while paying attention to the gender difference and individuality. The clinical usefulness of Bojungikki-Tang on obstructive sleep apnea syndrome and visceroptosis concerns with ascend Yang and treat Qi sinking. Pharmacological signaling studies were mainly focused on diseases that were treated Bojungikki-Tang in clinic, however, there was one study that experimented on changes of numerous gene expression according to the treatment of Bojungikki-Tang using DNA array. Conclusion : The therapeutic system of Oriental medicine is different in various aspects form that of Western medicine and appropriate harmonization of east and west is expected to improve the quality of medical care. In this regard, continuous investigation and analysis about herbal medical science papers in Japan can also be useful to make progress in Korean traditional medicine.