• Asia-Pacific Journal of Business
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• v.11 no.3
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• pp.273-290
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• 2020

Purpose - The purpose of this paper is to examine the buyer's right to avoid the contract under SGA and CISG. Design/methodology/approach - This paper has conducted literature reviews to analyze the right to avoid the contract of the buyer based on the comparative study. Findings - Under s. 11(3) of SGA, the breach of a condition and an intermediate which deprives the buyer substantially of the whole benefit of the contract may give rise to a right to treat the contract as repudiated. But under Art. 49 of CISG, the buyer has the right to terminate the contract where the seller's failure to performance amounts to a fundamental breach of contract. Regarding the breach of an intermediate and the breach under CISG, the buyer should take into account where the seller's breach is fundamental or not. Moreover, an anticipatory breach can give rise to a right to avoid the contract. The anticipatory breach of a condition justifies termination. The breach of an intermediate and the breach under CISG require an anticipatory fundamental breach of the contract. Under SGA, the buyer has to prove an anticipatory breach in fact but CISG does not require virtual certainty, which SGA has stricter criteria to assess an anticipatory breach. Research implications or Originality - Comparative study helps to understand the nature of provisions under SGA and CISG and suggests practical advice to choose applicable laws. SGA gives more certainty to classify a contractual term. In case of the breach of a condition including the anticipatory breach under SGA, the buyer does not have to ask how much serious the breach is. But CISG requires the fundamental breach of the contract, which means that the buyer has the more burden of proof compared with SGA.

• Journal of Radiation Protection and Research
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• v.41 no.1
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• pp.15-29
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• 2016

Research background: Despite the visible growth in radiation usage and nuclear power development, the analysis of their relationship with fundamental rights, a subject of public concern regarding issues including the right to health, environmental rights, safety rights, the right to know, the right to development, and the right to life, is currently non-existent. Methods: By examining various fundamental rights in the context of positive laws regarding radiation and nuclear power in an idealistic perspective that guarantees the maximum degree of rights, this paper aims to propose legislative supplements that will lead to improvements in quality of life. Result and discussion: In the South Korean Constitution, radiation and nuclear power is a subject incorporating several rights, including at least 12 clauses that are directly related to fundamental rights; these constitutional rights are manifested in the various clauses of the 14 positive laws regarding radiation and nuclear power. The question on the relative importance of each fundamental right as reflected in these positive laws- whether the right to life should be prioritized or considered equal in weight to the right to health, environmental rights, the right to know, and safety rights- requires careful deliberation and is difficult to humanly resolve in the short term. Conclusion: Making policy that expands the usage of radiation and nuclear power while simultaneously preventing their associated risks is an important task for the Republic of Korea, and a proper value judgment is necessary to find a balance in its associated rights.

• Bulletin of the Korean Mathematical Society
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• v.56 no.6
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• pp.1423-1433
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• 2019

Here we present the right and left Riemann-Liouville fractional fundamental theorems of fractional calculus without any initial conditions for the first time. Then we establish a Riemann-Liouville fractional Polya type integral inequality with the help of generalised right and left Riemann-Liouville fractional derivatives. The amazing fact here is that we do not need any boundary conditions as the classical Polya integral inequality requires. We extend our Polya inequality to Choquet integral setting.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.47-73
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• 2015

This study primarily concerns the fundamental breach of contract by a seller and a buyer's two remedies that are entitled to under the CISG. Regarding the breach of contract, the CISG simply provides a list of each party's obligations and regulates that both parties should fulfill the obligations under the contract as well as the Convention. When the CISG specifies the remedies for both parties, it requires to divide the fundamental breach of contract from breach of contract. By doing so, it provides different remedies to both parties depending on whether it is the fundamental breach of contract or not. From the point of buyer's view, the buyer has two remedies when there is the fundamental breach of contract by the seller; they are the right to declare the avoidance of contract and to require the delivery of substitute goods. The fundamental breach of contract is a pre-requisite condition to be fulfilled in order to exercise these two remedies. Although the CISG provides the definition of fundamental breach of contract, its meaning is not clear enough, so it is interpreted and applied case by case. Therefore, this paper will analyze recent cases focusing on the most debated issues regarding the interpretation of fundamental breach of contract; first, who determines the substantial deprivation and when is the time for determination, second, when is the time for unpredictability of substantial deprivation, and last, who has a burden of proof.

• Journal of TMJ Balancing Medicine
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• v.6 no.1
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• pp.1-4
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• 2016

We investigated the potential of electromyography (EMG) for diagnosing imbalance in the temporomandibular joint (TMJ) to apply functional cerebrospinal therapy (FCST). The electromyography signals were measured in the sternocleidomastoid muscle (SCM) in patients with temporomandibular disorder (TMD) while a FCST specialist conducted a restricted cervical rotation test. In addition, we also observed the changes in the electromyography signals according to pre-treatment or treatment with a TMJ balancing appliance (TBA), a customized TMJ balancing appliance (CBA), or a CBA with one paper bar. The right SCMs of the two patients with right TMJ imbalance had high EMG signals in the right cervical rotation test, while the left SCMs showed low EMG signals in the left rotation. In addition, the high EMG signals in the right SCMs decreased when using the TBA or the CBA, but the EMG signals of the left SCMs showed low EMG values during the treatments. Furthermore, the EMG signals of the right SCMs rose again after artificial imbalance of the right TMJ by the CBA with one paper bar. This case report demonstrated the potential of EMG as an objective diagnostic method for FCST.

• The Korean Society of Law and Medicine
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• v.4 no.1
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• pp.255-294
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• 2003

This paper is relating to the debates upon the physicians' duty to issue the prescription documents to their patients. The duty should be approached in light of the patients' right to know about the prescription and pharmacy. The Korean Constitution is construed to protect the citizens' right to know as a fundamental right. The Constitution article 10 reads as follows: "All citizens shall be assured of human dignity and worth and have the right to pursue happiness. It is the duty of the State to confirm and guarantee the fundamental and inviolable human rights of individuals." The rights confirmed and guarantee by this article include the patients' right to know about what happens to their body, that is the treatments taken for them and so on. One of the treatments is the prescription and pharmacy. The information is necessary for them to establish their action for the damages in case of their harm resulted in by the negligence in prescription and pharmacy. Now that the prescription is written about by a physician and then the pharmacists compound the prescribed medicines, the patients need to get the documents signed by the pharmacists about the pharmacy. It should be noted that the patients right to know is the right to know and remember. Therefore the patients, who are laymen about the pharmacy, need two prescription documents one of which should be kept by them even after they take the prescribed and compounded medicines for the potential trial.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.253-276
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• 1999

CISG articles 34 and 37 clearly allow the seller to cure any nonconformity in documents of sale or performance prior to the date for delivery if it does not cause the buyer unreasonable inconvenience or unreasonable expense. CISG article 48 allows a seller to cure the performance even after the date for delivery if it does not cause the buyer unreasonable delay, unreasonable inconvenience or unreasonable uncertainty of reimbursement by the seller of expenses advanced by the buyer. The wording any failure to perform is broad enough to include a delay. The seller's right to cure relates to all his obligations. The seller may remedy 'any failure to perform his obligations'. This language is broad enough to include a defect in documents. In some cases the fact that the seller is able and willing to remedy the non-conformity of the goods without inconvenience to the buyer, may mean that there would be no fundamental breach unless the seller failed to remedy the non-conformity within an appropriate time. It cannot generally be said what unreasonable inconvenience means. This can only be decided on a case-by-case basis. The seller must bear the costs involved in remedying a failure to perform. The curing of a failure to perform may have influence on the amount of the damage claimed. Insofar as the seller has the right to cure, the buyer is in that case obliged to accept the cure. If he refuses to do so, he can neither avoid the contract nor declare a reduction in price. This rule clearly shows the underlying concept of the CISG, to keep to the contract, if possible. Should the buyer requires delivery of substitute goods and the seller offers repair, it depends on the expense each case. The buyer must receive the request or notice by the seller. The relationship between the seller's right to cure and the buyer's right to avoid the contract is unclear. The buyer's right to avoid the contract should not nullify the seller's right to cure if the offer is reasonable. In addition, whether a breach is fundamental should be decided in the right of the seller's offer to cure.

• Bulletin of the Korean Mathematical Society
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• v.37 no.2
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• pp.353-360
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• 2000

The fundamental gap between the lowest two Dirich-let eigenvalues for a Schr dinger operator HR={{{{ { { d}^{2 } } over { { dx}^{2 } } }}}}+V(x) on L({{{{ LEFT | -R,R RIGHT | }}}}) is compared with the gap for a same operator Hs with a different domain {{{{ LEFT [ -S,S RIGHT ] }}}} and the difference is exponentially small when the potential has a large barrier.

• The Journal of Korean Institute of Electromagnetic Engineering and Science
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• v.18 no.11
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• pp.1271-1278
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• 2007

A novel frequency multiplier using composite right/left-handed transmission line is proposed. The left-handed transmission line in the proposed frequency multiplier suppresses the fundamental component($f_0$), while the composite right/left-handed ${\lambda}/4$ open stub diminishes unwanted harmonics. Due to the combination of the left-handed transmission line and composite right/left-handed ${\lambda}/4$ open stub, the only desirable multiplied frequency component such as 3 $f_0$ and 4 $f_0$ are obtained at the output port excellently. For the example of the proposed design, frequency multipliers are designed at 1 GHz of $f_0$ and measured. The measured output power of 3 $f_0$ and 4 $f_0$ is -5.67 dBm and -6.43 dBm, respectively, when the fundamental input power was 0 dBm.

• Journal of applied mathematics & informatics
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• v.22 no.1_2
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• pp.549-555
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• 2006

Using a t-norm, the notion of T-fuzzy subalgebras of right K(G)-algebras is introduced, and fundamental properties are investigated. The fact that T-fuzzy subalgebras of a right K(G)-algebra form a complete lattice is proved.