• Title/Summary/Keyword: Contract Period

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Influence of Therapeutic Exercise on Functional Leg Length Inequality (PNF의 수축-이완 운동이 기능적 하지길이 차이에 미치는 영향)

  • Gong, Won-Tae;Bae, Sung-Soo;Jung, Yeon-Woo
    • Journal of the Korean Society of Physical Medicine
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    • v.2 no.2
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    • pp.183-194
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    • 2007
  • Purpose : The purpose of this study was to evaluate influence of therapeutic exercise on functional leg length inequality(LLI). Methods : The subjects were consisted of thirty patients who had Leg length inequality(LLI) of more than 10mm(l6 females. 14 males) from 20 to 35 years of age(mean aged 24.23). All subjects randomly assigned to contract-relax exercise of proprioceptive neuromuscular facilitation(PNF) group(n=15), control group(n=15). Contract-relax exercise group received contract-relax exercise about 10 minutes with therapeutic massage about 15 minutes for 3 times per week during 4 weeks period. Control group not received intervention during 4 weeks period. The tape measure method(TMM) was used to measure functional Leg length inequality. Biodex System 3 Pro was used to measure strength of Knee extension & flexion. All measurements of each subjects were measured at pre-test, 2weeks post-test and 4weeks post-test. Results : 1. The LLI of contract-relax exercise group was significantly reduced according to within treatment period(p<.05), most significantly reduced between pre-test and post-test(p<.05). Contract-relax exercise group significantly more reduced than control group(p<.05). 2. The knee extension strength of contract-relax exercise group was significantly increased according to within treatment period(p<.05), most significantly increased between pre-test and post-test(p<.05). Contract-relax exercise group significantly more increased than control group(p<.05). 3. The knee flexion strength of contract-relax exercise group was significantly increased according to within treatment period(p<.05), most significantly increased between pre-test and post-test(p<.05). Contract-relax exercise group significantly more increased than control group(p<.05). Conclusion : Contract-relax exercise applied with therapeutic massage can reduce LLI and increased lower extremity muscle strength.

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Measuring a Value of Contract Flexibility in the Third-Party Warehousing

  • Park, Chul-Soon;Kim, Bo-Won
    • Management Science and Financial Engineering
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    • v.15 no.1
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    • pp.1-31
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    • 2009
  • This paper considers the value of warehousing contract under probabilistic demands. We consider a supply chain consisting of a supplier, a retailer and its third-party warehousing partner who provides the warehousing service to the retailer through an outsourcing contract. A typical contract is specified by initial space commitment and modification schedule. The retailer decides the order quantity for the supplier and space commitment for the outsourcing contract. Since there is close relationship between order quantity and space commitment to minimize the total cost including ordering cost, inventory carrying cost, shortage cost, and warehousing cost, we develop an analytical model under probabilistic demands, where the retailer can determine the optimal order size and space commitment level jointly. We found the closed-form optimum for a single-period case and the optimal conditions for a two-period case. To evaluate the value of contract flexibility for the two-period case, we compared the total cost under two policies; one with modification, under which the base commitment can be changed at the start of each period and the other without modification. From results of our numerical analysis, we showed that the modification policy is more cost-effective as the variability of demand increases.

A Study on Foreign Arbitral Awards related to Seller's Notice Fixing Additional Final Period for Performance and Right to Avoid the Contract under the CISG (CISG상 매도인의 부가기간지정권과 계약해제권에 관한 외국중재판정사례 연구)

  • Yi, Ki-Sub;Ahn, Keon-Hyung
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.42
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    • pp.163-186
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    • 2009
  • On April 11, 1980, the "United Nations on Contracts for the International Sale of Goods" ("CISG") was prepared by the United Nations Commission on International Trade Law (UNCITRAL) and approved by a diplomatic conference in Vienna providing uniform law for international sales of goods. It took effect as of March 1, 2005, in Korea. It is set forth on the seller's remedies for breach by the buyer Section III (Art. 61 - 65) under the CISG. In this study, the focus is only on the seller's notice fixing additional final period for performance (Art. 63) and the right to avoid the contract (Art. 64), with examination on some relevant foreign arbitral awards rendered by the ICC and the CIETAC together. Article 63 provides that the seller may fix an additional period of time for reasonable length for performance by the buyer of his obligation. It was found from the above arbitral awards that the concept of 'reasonable length' should be decided on a case-by-case basis, given the specific circumstances in the case [Art. 63(1)]. It is provided that unless the seller has received a notice that he will not perform within the period so fixed, the seller may not, during that period, resort to any remedy for breach of contract in accordance with Article 63(2). Article 64(1) provides the means and grounds for avoidance of the contract, which can be avoided 1) when the breach of the buyer amounts to a fundamental breach of contract, or 2) when the additional period of time is fixed by the seller, unless the buyer declares that he will not perform so within the period of fixed time. As we examined in the above arbitral awards, it was held that the contract is avoided when the seller sends the final notice stating that he will avoid the contract, after the expiration of the additional period of time fixed by the seller in the ICC award. On the contrary, it was held that the contract should be deemed to be avoided exactly when the expiration of additional period noted in the avoidance notice is elapsed in the CIETAC award. Article 64(2) sets time limits for avoidance.

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Optimal Hedge Strategy Using Future Contract in the Vesting Contract Electricity Market (베스팅계약 전력시장에서 선물 최적헷지전략 연구)

  • 맹근호;송광재;박종근
    • The Transactions of the Korean Institute of Electrical Engineers A
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    • v.53 no.7
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    • pp.414-419
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    • 2004
  • In TWBP new uncertainty will be increased. Risk management is risen to a important problem. Vesting contract makes market Players trade at fixed price in TWBP early stages. In the case of advanced country, market players manage risk with a future contract. When a risk management method moves from vesting contract to future contract, it may have to use together two contracts for schedule period. In this paper, risk management strategy that use vesting contract and forward contract at the same time is proposed.

The Influence of Contract-Relax Exercise of PNF on Equilibrium Ability (PNF의 수축-이완 운동이 균형능력에 미치는 영향)

  • Gong, Won-Tae;Seo, Hyun-Kyu;Kim, Tae-Ho
    • The Journal of Korean Academy of Orthopedic Manual Physical Therapy
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    • v.13 no.1
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    • pp.1-9
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    • 2007
  • Purpose: The purpose of this study was to evaluate the The Influence of contract-relax exercise of PNF on Equilibrium Ability. Methods: The subjects were consisted of thirty patients (14 females and 16 males). They were from 20 to 42 years old and the mean age was 25.03. All subjects were randomly assigned to two groups: contract-relax exercise of proprioceptive neuromuscular facilitation(PNF) group (n=15), control group (n=15). Contract-relax exercise group received contract-relax exercise for about 10 minutes along with therapeutic massage for about 15 minutes, 3 times per week during 4 weeks period. However, control group did not receive intervention during the same 4 weeks. The Balance performance monitor(BPM) was used to measure equilibrium ability. All measurements of each subjects were measured at pre-experiment, after 2 weeks, and post-experiment. Results: The results of this study were summarized below : 1. The sway area of contract-relax exercise group was significantly reduced according to within treatment period(p<.05), most significantly reduced between pre-test and post-test(p<.05). Contract-relax exercise group significantly more reduced than control group(p<.05). 2. The sway path length of contract-relax exercise group was significantly reduced according to within treatment period(p<.05), most significantly reduced between pre-test and post-test(p<.05). Contract-relax exercise group significantly more reduced than control group(p<.05). Conclusion : Contract-relax exercise applied with therapeutic massage can increased equilibrium ability. Additional randomized controlled trials to more fully investigate treatment effects and factors that may mediate these effects are needed.

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A Critical Study on Buyer's Remedy Articles under the CISG (CISG에서 매수인구제조항(買受人救濟條項)에 관한 비판적(批判的) 연구(硏究))

  • Park, Sang-Gi
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.39-64
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    • 1999
  • Under the CISG, there is a unequitable factor in comparing buyer's remedy with seller's remedy. In my opinion, CISG is more unequitable remedy clause than UCC or UNIDROIT principle of International Commercial Contract(1994) between seller and buyer. First, buyer who accepted defect goods must give seller notice the facts that seller delivered defect goods in two years after accepting defect goods. The cap of two year is unreasonable in a position of aggrieved buyer. This is being provided as 'within reasonable time' in UCC and there is no such provision in UNIDROIT Principle. Second, Buyer can avoid contract when seller breached fundamentally contract or seller didn't set a additional performance period about breaching of contract. Accordingly if buyer would not set a additional performance period, although seller's breachment of contract, he could not avoid the contract. Therefore, From a viewpoint of aggrieved buyer avoidable right of contract is restrainted. Third, to compare seller's remedy with buyer's, seller have more opportunity to cure breachment of contract than buyer. Under the CISG buyer is relatively placed at disadvantage in remedy of aggrieved party. In connection with remedy of aggrieved party, 'UNIDROIT principle of international commercial contracts' instead seller and buyer of aggrieved party, so there is not unequitable factor in remedy of aggrieved parties.

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Case Studies of a Performance-Based Contract for National Highway Pavement Maintenance (성능보증제도를 적용한 일반국도 유지보수공사 시범사업)

  • Lim, Jaekyu;Kim, Yongjoo;Kim, Myeongil;Lee, Jaejun
    • International Journal of Highway Engineering
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    • v.20 no.1
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    • pp.1-8
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    • 2018
  • PURPOSES : Case studies of an asphalt-overlay project with a performance-based contract method were conducted on a national highway in Korea to evaluate the effect of the method on asphalt pavement maintenance. This study evaluated the procedure of the performance-based contract method. METHODS : In this study, an asphalt-pavement maintenance project for a national highway was assessed with a performance-based contract to investigate the advantage of the new contract procedures. This is the first trial applying the performance-based contract to a pavement-rehabilitation project in Korea. In the four case studies, the warranty period of the performance-based contract was designed for seven years. The research team monitored the construction site to compare the normal contract method with the performance-based contract method. The case studies' project sites were investigated after the end of the construction. RESULTS : Based on the limited case studies, the performance-based contract method could extend the service life of the asphalt pavement and reduce the pavement-maintenance budget because the quality control was well managed by the contractors. However, a few construction laws would be necessary to apply the performance-based contract method in the future. CONCLUSIONS : Using the performance-based contract, the construction company made great efforts to guarantee the warranty period and to apply the optimal maintenance method, based on the pavement distress condition. The contractor and the agency would need to understand the new performance-based contract system for it to be activated. Therefore, a proper education program for the performance-based contract system would be needed to educate the stakeholders regarding the procedures and their effects on the pavement management and maintenance.

CIETAC Arbitration Case Applied of Chinese Consignment Contract Law and CISG (중국위탁매매계약법 및 UN통일매매법의 적용에 관한 CIETAC 중재사례 연구)

  • Song, Soo-Ryun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.54
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    • pp.167-190
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    • 2012
  • The purpose of this study is to find out some countermeasure to Korean companies entered Chinese market through analyzing an arbitration case resolved by CIETAC applied of Chinese Commission Agency Law and CISG. China create legal relationship between the principal and the third party under Chinese Consignment Contract Law. Korean companies so make sure whether this Contract is included when they conclude international commercial contract. If yes, they have to prove their recognition for the relationship between the principal and the commission agent when needed. If the parties agreed an additional period of time of delivery and the seller do not deliver the goods within this period, this breach might be regarded as fundamental nature and the buyer could declare the contract avoided. In addition, late delivery might also be regarded as fundamental breach when market price is fluctuated. It is understandable that attorney's fees is recoverable one, but it is not understandable that arbitrator's extra expenses such as travel and accommodation expenses is not recoverable with the reason that arbitrator comes outside of the country.

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The Direction of Improvement of Organic Agricultural Farmland Lease Institution (친환경농업 농지 임대차 제도의 개선방향)

  • Choi, Deog-Cheon
    • Korean Journal of Organic Agriculture
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    • v.17 no.4
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    • pp.441-461
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    • 2009
  • Switching to organic farming practices in agricultural production reaches the end of the period it takes an average of five years. During this period, agricultural soil management to improve the investment must be sustained. Results of the survey of environment-friendly agricultural lease rates appear to approximately 54.2% lower than agricultural practices. Environmentally friendly agricultural land is leased on a long transition period of the contract cost, many buried incompleteness, uncertainty of contract fulfillment(opportunistic behavior) occurs when the transaction costs. This ultimately can hinder the spread of organic farming. Thus, the qualitative development of organic farming and land leasing in order to minimize transaction costs, should that occur. The alternative 'cooperative long-term lease contract' is a system.

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A Study on the Duty of Nonconformity Notification within a Reasonable Period in Case of Breach of Contract for Goods (물품계약위반시 합리적인 기간 내의 부적합통지의무에 관한 연구)

  • Eun-Bin, Kim
    • Journal of Arbitration Studies
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    • v.32 no.4
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    • pp.33-51
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    • 2022
  • According to the CISG, there are no special regulations for a reasonable period of time among the obligations to notify the contractual suitability of the goods. As a result, many disputes arise in 'notification within a reasonable period' despite being the most important treaty in practice in defining the obligation to notify nonconformities according to the suitability of goods for each case. Regarding the interpretation of Article 39 of the CISG, various judgments and arbitration decisions are being made in each country for a reasonable period to notify that the goods are not suitable for the contract.There are criticisms that these various views are too harsh on the buyer in the buyer's obligation to notify.It is important to create a unified principle because courts or arbitration agencies of the Contracting States of this Convention interpret in various ways the reasonable period of violation of the contract of goods stipulated in the Convention. Since most of the international commodity trading transactions around the world are regulated by the CISG, it is necessary to analyze and interpret cases in which this Convention is applied in court or arbitral tribunal of each country to derive a unified principle.