• Title/Summary/Keyword: Division by Agreement

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Division of Inherited Property by Agreement and Legal Rescission -focusing on Japanese Supreme Court Decision delivered on February 9, 1989- (상속재산협의분할과 법정해제 -일본(日本) 최고재판소(最高裁判所) 1989. 2. 9. 판결(判決)을 소재로 하여-)

  • Chung, Ku-Tae
    • The Journal of the Korea Contents Association
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    • v.13 no.1
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    • pp.175-185
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    • 2013
  • The judgement which is subject of research has denied legal rescission of division of the inherited property by agreement based on (1) the fact that the division of inherited property terminated at the time of concluding mutual agreement in its nature while only the relationship of claim and obligation between the inheritor who has paid for such obligation and the inheritor who has acquired such obligation in the mutual agreement remains (2) and the fact that the legal stability is considerably hindered as the re-partition of inherited property having retroactive effect becomes unavoidable in case of approving the legal rescission of the division of the inherited property by agreement. But it is reasonable to also approve legal rescission on the division of the inherited property by agreement in case the division by agreement actually has the nature such as conditional donation between joint heirs (1) from the fact that the division of the inherited property by agreement gets the nature of disposal equivalent to exchange, transfer and abandonment of share between joint heirs in actuality, (2) and the fact that there are no other theories in approving the validity of mutually agreed rescission despite the fact that the re-partition of inherited property having retroactive effect is unavoidable even in case of the mutually agreed rescission of the division by agreement among all joint heirs. However, as the division of the inherited property by agreement is a contract that gets concluded only if all joint heirs participate, even the legal rescission for the reason of not fulfilling the obligations paid by one party of the heirs during the division by agreement must be considered as possible only by expression of intentions from all other joint heirs excluding this one party.

On Assessing Inter-observer Agreement Independent of Variables' Measuring Units

  • Um, Yong-Hwan
    • Journal of the Korean Data and Information Science Society
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    • v.17 no.2
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    • pp.529-536
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    • 2006
  • Investigators use either Euclidean distance or volume of a simplex defined composed of data points as agreement index to measure chance-corrected agreement among observers for multivariate interval data. The agreement coefficient proposed by Um(2004) is based on a volume of a simplex and does not depend on the variables' measuring units. We consider a comparison of Um(2004)'s agreement coefficient with others based on two unit-free distance measures, Pearson distance and Mahalanobis distance. Comparison among them is made using hypothetical data set.

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A New Agreement Measure for Interval Multivariate Observations

  • Um, Yong-Hwan
    • Journal of the Korean Data and Information Science Society
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    • v.15 no.1
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    • pp.263-271
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    • 2004
  • This article presents a new measure of chance-corrected interobserver agreement among multivariate ratings of many observers. Modifying an approach by Berry and Mielke, a new agreement measure is proposed. The important modificaton is to use the volume of simplex composed of data points as the disagreement masure. The proposed measure accounts agreement for multivariate interval observations among many observers. Hypothetical and real-life data sets are analyzed for illustrative purpose.

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A Measure of Agreement for Multivariate Interval Observations by Different Sets of Raters

  • Um, Yong-Hwan
    • Journal of the Korean Data and Information Science Society
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    • v.15 no.4
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    • pp.957-963
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    • 2004
  • A new agreement measure for multivariate interval data by different sets of raters is proposed. The proposed approach builds on Um's multivariate extension of Cohen's kappa. The proposed measure is compared with corresponding earlier measures based on Berry and Mielke's approach and Janson and Olsson approach, respectively. Application of the proposed measure is exemplified using hypothetical data set.

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Comparison of Statistic Methods for Evaluating Crop Model Performance (작물모형 평가를 위한 통계적 방법들에 대한 비교)

  • Kim, Junhwan;Lee, Chung-Kuen;Shon, Jiyoung;Choi, Kyung-Jin;Yoon, Younghwan
    • Korean Journal of Agricultural and Forest Meteorology
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    • v.14 no.4
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    • pp.269-276
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    • 2012
  • The objective of this short communication is to introduce several evaluation methods to crop model users because the evaluation of crop model performance is an important step to develop or select crop model. In this paper, mean error, mean absolute error, index of agreement, root mean square error, efficiency of model, accuracy factor and bias factor were explained and compared in terms of dimension and observed number. Efficiency of model and index of agreement are dimensionless and independent of number of observation. Relative root mean square, accuracy factor and bias factor are dimensionless and not independent of number of observation. Mean error and mean absolute error are affected by dimension and number of observation.

Definitions of Chronic Obstructive Pulmonary Disease and Chronic Obstructive Pulmonary Disease Exacerbation: A Modified Delphi Survey

  • Yong Bum Park;Jin Hwa Lee;Seung Won Ra;Hye Yun Park;Ji Ye Jung;Young Ae Kang;Chin Kook Rhee;Deog Kyeom Kim;Kwang Ha Yoo;Yong Il Hwang;Seong Yong Lim;Jae Seung Lee;Kyung-Wook Jo;Yeon-Mok Oh
    • Tuberculosis and Respiratory Diseases
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    • v.86 no.3
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    • pp.196-202
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    • 2023
  • Background: The Global Initiative for Chronic Obstructive Lung Disease (GOLD) update 2023 proposed new definitions of chronic obstructive pulmonary disease (COPD) and COPD exacerbation. However, an agreement on the definitions has not been made, either internationally or domestically. This study aimed to reach an agreement between experts on the new definitions of COPD and COPD exacerbation in South Korea. Methods: A modified Delphi method was used to make an agreement on the definitions of COPD and COPD exacerbation proposed by the GOLD update 2023. We performed two rounds of the survey including 15 Korean experts on COPD, asthma, and tuberculosis. Results: More than two-thirds of the experts agreed on 12 of the 13 statements related to the definitions of COPD and COPD exacerbation in the two rounds of the survey. The experts agreed on the definitions of COPD and COPD exacerbation that should be revised in line with the definitions proposed by the GOLD update 2023. However, the experts showed an uncertain opinion on the statement that the definition of COPD includes patients with persistent airflow obstruction due to bronchiectasis. Conclusion: Based on this Delphi survey, experts' agreement was made on the definitions of COPD and COPD exacerbation proposed by the GOLD update 2023.

Agreement of two ELISAs for Mycobacterium avium subspecies paratuberculosis in cattle in Korea

  • Lee, Kyung Woo;Jung, Byeong Yeal;Hwang, In Yeong;Lee, Su Hwa;Kim, Ji Yeon;Kim, Young Hoan;Lee, Seong Hyo;Moon, Oun Kyoung;Lee, O Soo
    • Korean Journal of Veterinary Research
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    • v.49 no.2
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    • pp.121-125
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    • 2009
  • Paratuberculosis caused by Mycobacterium avium subspecies paratuberculosis (Mpt) is a chronic infectious enteric disease with deleterious impact on the performance in ruminants. In Korea, ELISA has been introduced to detect antibodies to Mpt in individual cattle. However, comparison study with ELISA has not been studied until now. In total, a panel of 899 serum samples obtained from dairy cattle was analyzed with two commercial ELISAs for Mpt to assess the performance. Two ELISAs employed in this study were both licensed worldwide. Two ELISAs applied onto same serum samples showed the moderate agreement (kappa value = 0.60). There was non-significant McNemar test (p = 0.0614) between two ELISA results indicating that each proportion detected by two kits did not differ. In addition, the percent agreement between two ELISA results was turned out to be 96.8% which interpreted excellent reproducibility. It was shown from this study that two ELISAs revealed moderate kappa agreement performance. The implication raised is that when ELISAs as diagnostics are used to detect Mpt in individual cattle, positive reaction by either ELISA should be interpreted as serologically Mpt positive due to presumed low sensitivity of ELISAs and their test agreement being less than 100%.

An Analysis of Group Key Agreement Schemes based on the Bellare-Rogaway Model in Multi-party Setting

  • Lim, Meng-Hui;Goi, Bok-Min;Lee, Sang-Gon
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.5 no.4
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    • pp.822-839
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    • 2011
  • Group key agreement protocols derive a shared secret key for a group of users to ensure data confidentiality or/and integrity among the users in the subsequent communications. In this paper, we inspect two group key agreement schemes which have been proposed by Shi et al. and Zheng et al. in 2005 and 2007 respectively. Although both schemes were claimed to be secure in a heuristic way, we reveal several flaws using the Bellare-Rogaway security model extended to multi-party setting by Bresson et al. These flaws are found to be originated from inappropriate selection of key derivation function, inadvertent exclusion of partners' identities from the protocol specification and insufficient consideration in preserving known temporary information security and key freshness properties. Furthermore, we suggest and discuss proper countermeasures to address such flaws.

Isolation and Identification of Pathogenic Microorganisms from Soybean Sprouts

  • Kim, Hye-Jung;Koo, Kyoung-Mo;Kim, Gi-Nahm;Lee, Dong-Sun;Paik, Hyun-Dong
    • Preventive Nutrition and Food Science
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    • v.7 no.3
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    • pp.305-309
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    • 2002
  • Raw soybean sprouts were tested for contamination with the following bacteria which have potential for pathogenesis or food spoilage : Salmonella spp., Escherichia coli O157:H7, Yersinia enterocolitica, Vibrio parahae-molyticus, Aeromonas hydrophila, Plesidomonas shigeloides, Pseudomonas aeruginosa, Staphylococcus aureus, Lis-teria monocytogenes, Bacillus cereus, Clostridium perfringens, Campylobacter jejuni, Erwinia spp., and Fusarium spp. Three of the above strains were isolated from the sprouts, and identified by morphological and biochemical methods including an API kit and ATB automated identification system. The isolate cultured in Cereus selective agar, a selective medium, was a Gram-positive, rod shaped, anaerobic spore former. The biochemical and culture tests revealed the following characteristics: catalase-positive, no growth on Simmon's citrate, NO₂ production and requirement of arginine for growth; the ATB automated identification system gave 99.8 % agreement for the identification of Bacillus cereus to the species level. The isolate cultured in Macconkey agar selective medium was Gram-negative, rod shaped and a gas former; the ATB-system gave 99.9% agreement for the identification of Aeromonas hydrophila to the species level. The isolate found in Pseudomonas isolation agar was Gram-negative, rod shaped, cytochrome oxidase-positive, a reducer of nitrates to nitrogen, and pyocyanin producer; the ATB-system gave 99.9 % agreement for the identification of Pseudomonas aeruginosa to the species level. These results indicate that the three bacteria species present in the soybean sprouts were Bacillus cereus, Aero-monas hydrophila, and Pseudomonas aeruginosa. Salmonella spp., Escherichia coli O157:H7, and Yersinia enter-ocolitica, which are associated with serious disease in humans, were not isolated from soybean sprouts examined in this study.

Measurement of Fractional Exhaled Nitric Oxide in Adults: Comparison of Two Different Analyzers (NIOX VERO and NObreath)

  • Kang, Sung-Yoon;Lee, Sang Min;Lee, Sang Pyo
    • Tuberculosis and Respiratory Diseases
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    • v.84 no.3
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    • pp.182-187
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    • 2021
  • Background: Fractional exhaled nitric oxide (FeNO) is a non-invasive marker for eosinophilic airway inflammation and a good predictor of response to corticosteroids. There is a need for a reliable and accurate measurement method, as FeNO measurements have been widely used in clinical practice. Our study aimed to compare two FeNO analyzers and derive a conversion equation for FeNO measurements in adults. Methods: We included 99 participants who had chief complaints of chronic cough and difficulty in breathing. The participants underwent concurrent FeNO measurement using NIOX VERO (Circassia AB) and NObreath (Bedfont). We compared the values of the two devices and analyzed their correlation and agreement. We then formulated an equation to convert FeNO values measured by NObreath into those obtained by NIOX VERO. Results: The mean age of the participants was 51.2±17.1 years, with a female predominance (58.6%). Approximately 60% of the participants had asthma. The FeNO level measured by NIOX VERO (median, 27; interquartile range [IQR], 15-45) was significantly lower than that measured by NObreath (median, 38; IQR, 22-58; p<0.001). There was a strong positive correlation between the two devices (r=0.779, p<0.001). Additionally, Bland-Altman plots and intraclass correlation coefficient demonstrated a good agreement. Using linear regression, we derived the following conversion equation: natural log (Ln) (NObreath)=0.728×Ln (NIOX VERO)+1.244. Conclusion: The FeNO values of NIOX VERO and NObreath were in good agreement and had positive correlations. Our proposed conversion equation could help assess the accuracy of the two analyzers.