• 제목/요약/키워드: Inclusion of Standard Terms

검색결과 19건 처리시간 0.026초

CISG상 약관의 계약편입에 관한 연구 (A Study on the Inclusion of Standard Terms under the CISG)

  • 이병문;고상훈
    • 무역학회지
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    • 제42권1호
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    • pp.257-281
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    • 2017
  • 본 연구는 국제무역거래에 있어 빈번하게 사용되는 약관의 계약편입과 관련하여 CISG 자문위원회의 공식 의견인 Black Letter Rule을 중심으로 고찰한다. 그 주요 내용으로 약관의 계약편입 관련 적용규정과 요건을 상세히 고찰하고, 약관의 계약편입을 의도한 청약상 참조표시 및 약관내용의 명확성 요건을 살펴보도록 한다. 이와 더불어 약관의 계약편입 관련 기타 원칙으로서 계약체결 후 약관편입의 배제, 의외조항배제, 개별약정우선, 작성자 불이익 원칙 및 서식분쟁에 대하여 살펴본다. 이와 더불어 본 연구는 약관의 계약편입 관련 기존 판례 및 학설을 검토한 후 이를 CISG 자문위원회의 공식의견과 상호 비교 검토함으로 약관의 계약편입 관련 원칙을 재정립하고 이에 따른 실무적 시사점을 도출하고자 한다.

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국제상사계약에서 서식분쟁 사례에 관한 연구 (A Case Study on Battle of Forms in International Commercial Contracts)

  • 한나희;하충룡
    • 무역학회지
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    • 제42권5호
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    • pp.19-42
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    • 2017
  • 오늘날 일반적으로 국제상거래에서는 매수인과 매도인이 표준화된 서식을 이용하여 서로 거래한다. 서식분쟁은 이러한 서식의 교환의 결과이다. 서식분쟁에서 해결되어야 하는 몇 가지 문제들이 있다. 예를 들어, 상이한 조건의 교환으로 계약이 성립하는가? 계약조건은 무엇인가? 어느 당사자의 조건을 적용할 것인가? 누구의 것인가? 등이다. 2015년, 헤이그 국제사법회의는 헤이그준거법원칙을 최종적으로 승인하였다. 해당 원칙은 서식분쟁을 다루고 있다. 또한 2013년, CISG 자문위원회는 CISG에 의거한 표준조건의 편입과 관련한 문제를 해결하기 위한 효과적인 방법을 제기하기 위하여 "Black letter rules"를 채택하였다. 본 연구는 헤이그준거법원칙과 CISG에서 서식분쟁을 관련 규정과 사례를 종합적으로 검토하였다. 본 연구의 목적은 양당사자의 서식분쟁 문제를 해결하기 위한 적절한 실무적 해결방안을 제안하는 데 있다.

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In Vivo $^{13}C$-NMR Spectroscopic Study of Polyhydroxyalkanoic Acid Degradation Kinetics in Bacteria

  • Oh, Jung-Sook;Choi, Mun-Hwan;Yoon, Sung-Chul
    • Journal of Microbiology and Biotechnology
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    • 제15권6호
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    • pp.1330-1336
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    • 2005
  • Polyhydroxyalkanoic acid (PHA) inclusion bodies were analyzed in situ by $^{13}C$-nuclear magnetic resonance ($^{13}C$-NMR) spectroscopy. The PHA inclusion bodies studied were composed of poly(3-hydroxybutyrate) or poly(3hydroxybutyrate-co-4-hydroxybutyrate), which was accumulated in Hydrogenophaga pseudoflava, and medium-chain-length PHA (MCL-PHA), which was accumulated in Pseudomonas fluorescens BM07 from octanoic acid or 11-phenoxyundecanoic acid (11-POU). The quantification of the $^{13}C$-NMR signals was conducted against a standard compound, sodium 2,2-dimethyl-2-silapentane-5-sulfonate (DSS). The chemical shift values for the in vivo NMR spectral peaks agreed well with those for the corresponding purified PHA polymers. The intracellular degradation of the PHA inclusions by intracellular PHA depolymerase(s) was monitored by in vivo NMR spectroscopy and analyzed in terms of first-order reaction kinetics. The H. pseudoflava cells were washed for the degradation experiment, transferred to a degradation medium without a carbon source, but containing 1.0 g/l ammonium sulfate, and cultivated at $35^{\circ}C$ for 72 h. The in vivo NMR spectra were obtained at $70^{\circ}C$ for the short-chain-length PHA cells whereas the spectra for the aliphatic and aromatic MCL-PHA cells were obtained at $50^{\circ}C\;and\;80^{\circ}C$, respectively. For the H. pseudoflava cells, the in vivo NMR kinetics analysis of the PHA degradation resulted in a first-order degradation rate constant of 0.075/h ($r^{2}$=0.94) for the initial 24 h of degradation, which was close to the 0.050/h determined when using a gas chromatographic analysis of chloroform extracts of sulfuric acid/methanol reaction mixtures of dried whole cells. Accordingly, it is suggested that in vivo $^{13}C$-NMR spectroscopy is an important tool for studying intracellular PHA degradation in terms of kinetics.

벤조산 유도체와 베타 사이클로덱스트린의 복합체 형성반응에 의한 초음파 완화 (Ultrasonic relaxation associated with the complex formation of benzoic acid derivative and β-cyclodextrin)

  • 박신;배종림
    • 한국음향학회지
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    • 제36권6호
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    • pp.387-393
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    • 2017
  • 베타 사이클로덱스트린(${\beta}$-Cyclodextrin, ${\beta}$-CD)(호스트)과 벤조산 유도체(게스트)의 수용액에 대하여 $25^{\circ}C$, 광대역 주파수영역(0.2 MHz ~ 50 MHz)에서 초음파 흡수계수를 측정하여 호스트와 게스트의 복합체 형성반응의 속도론적 연구를 행하였다. 특히 본 연구에서는 1 MHz이하의 초음파 흡수측정이 중요하다. ${\beta}$-CD와 벤조산 유도체의 상호작용에 의한 초음파 완화는 수 MHz영역에서 단일 완화현상의 전형적인 스펙트럼을 보였다. 단일완화현상의 원인은 ${\beta}$-CD와 벤조산 유도체의 복합체 형성반응에 의한 화학평행의 혼란상태에 의한것으로 해석하였다. 게스트 농도에 따른 완화주파수의 의존성으로부터 붕괴 속도상수($k_b=7.48{\times}10^6M^{-1}s^{-1}$), 평형상수($K=68.6M^{-1}$)를 결정하였다. 그리고 파장당 최대흡수치의 의존성으로부터 반응에 의한 표준체적변화(${\Delta}V=10.6{\times}10^{-6}m^3mol^{-1}$)를 구하였다. 또한 게스트 분자의 소수성 그룹이 복합체의 안정성에 중요한 역할을 하는 것을 알았다.

Effectiveness of Cognitive Behavioral Therapy Techniques for Control of Pain in Lung Cancer Patients: An Integrated Review

  • Phianmongkhol, Yupin;Thongubon, Kannika;Woottiluk, Pakapan
    • Asian Pacific Journal of Cancer Prevention
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    • 제16권14호
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    • pp.6033-6038
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    • 2015
  • Background: Experience of lung cancer includes negative impacts on both physical and psychological health. Pain is one of the negative experiences of lung cancer. Cognitive behavioral therapy techniques are often recommended as treatments for lung cancer pain. The objective of this review was to synthesize the evidence on the effectiveness of cognitive behavioral therapy techniques in treating lung cancer pain. This review considered studies that included lung cancer patients who were required to 1) be at least 18 years old; 2) speak and read English or Thai; 3) have a life expectancy of at least two months; 4) experience daily cancer pain requiring an opioid medication; 5) have a positive response to opioid medication; 6) have "average or usual" pain between 4 and 7 on a scale of 0-10 for the day before the clinic visit or for a typical day; and 7) able to participate in a pain evaluation and treatment program. This review considered studies to examine interventions for use in treatment of pain in lung cancer patients, including: biofeedback, cognitive/attentional distraction, imagery, hypnosis, and meditation. Any randomized controlled trials (RCTs) that examined cognitive behavioral therapy techniques for pain specifically in lung cancer patients were included. In the absence of RCTs, quasi-experimental designs were reviewed for possible conclusion in a narrative summary. Outcome measures were pain intensity before and after cognitive behavioural therapy techniques. The search strategy aimed to find both published and unpublished literature. A three-step search was utilised by using identified keywords and text term. An initial limited search of MEDLINE and CINAHL was undertaken followed by analysis of the text words contained in the title and abstract, and of the index terms used to describe the article. A second search using all the identified keywords and index terms was then undertaken across all included databases. Thirdly, the reference list of all identified reports and articles were searched for additional studies. Searches were conducted during January 1991- March 2014 limited to English and Thai languages with no date restriction. Materials and Methods: All studies that met the inclusion criteria were assessed for methodological quality by three reviewers using a standardized critical appraisal tool from the Joanna Briggs Institute (JBI). Three reviewers extracted data independently, using a standardized data extraction tool from the Joanna Briggs Institute (JBI). Ideally for quantitative data meta-analysis was to be conducted where all results were subject to double data entry. Odds ratios (for categorical data) and weighted mean differences (for continuous data) and their 95% confidence intervals were to be calculated for analysis and heterogeneity was to be assessed using the standard Chi-square. Where statistical pooling was not possible the finding were be presented in narrative form. Results: There were no studies located that met the inclusion requirements of this review. There were also no text and opinion pieces that were specific to cognitive behavioral therapy techniques pain and lung cancer patients.Conclusions: There is currently no evidence available to determine the effectiveness of cognitive behavioural therapy techniques for pain in lung cancer patients.

컨조인트 분석을 적용한 영국 소비자 집단의 매운 소스 선호도 조사 (Assessing Relative Preference for Hot/Spicy Sauces by Conjoint Analysis, Focusing on English Consumers)

  • 임성일;한경수;;김재호;서경미
    • 한국식생활문화학회지
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    • 제24권1호
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    • pp.51-57
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    • 2009
  • The purpose of the study was to assess the relative preference for hot & spicy sauces using conjoint analysis, with focus on English consumers. From the results of the study, we were able to derive a standard with the best sauce attributes. The respondent group was selected from the CCFRA's customer database. The qualification criteria for inclusion in the sample were: the primary grocery shopper in the household, a consumer of a range of home cooked oriental & far eastern cuisines, enjoyed hot & spicy chili-based foods, and willing to buy hot chili-based oriental sauces. A total of 676 respondents completed the survey in which 76% were women, and all respondents were between the ages of 18 and 65 years. An online survey method was used and a conjoint analysis was adopted. In conjoint analysis, a product is described as a combination of a set of attribute levels, where a utility value is estimated for each attribute level. In summing up the results of this study, the sensory property (flavor) attribute was most important, the second was brand, and the third was price. For the sensory property attribute, a mild chili sauce of blended garlic, sugar, and lime scored highest. In terms of brand, Blue Dragon was selected as the best. The lesser known Korean Kochujang brand of "Hot&Joy" scored lowest with respect to brand value. Encouraging, however, was the description based on the Hot&Joy product: a hot chili sauce blended with ginger and garlic, which held appeal across age groups and genders. In terms of price, 75p per bottle had the best score.

Hypertrophic Pyloric Stenosis: 10 Years' Experience with Standard Open and Laparoscopic Approach

  • Zampieri, Nicola;Corato, Valentina;Scire, Gabriella;Camoglio, Francesco Saverio
    • Pediatric Gastroenterology, Hepatology & Nutrition
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    • 제24권3호
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    • pp.265-272
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    • 2021
  • Purpose: Hypertrophic pyloric stenosis (HPS) is the most common cause of gastric obstruction in newborns. Extra-mucosal pyloromyotomy can be performed through a small laparotomy or laparoscopy. The aim of this study was to compare the two surgical techniques. We also analyzed the incidence of HPS in infants in the last 10 years in relation to the demographic trend of our province. Methods: We analyzed all the cases of HPS treated at our Unit between January 2010 and December 2019. The data were obtained from operating systems. Data about the demographic trends, in particular, the number of births and the population residing in the province of Verona from 2010 to 2019, were also retrieved. Results: During the study period, 60 patients were treated for HPS and met the inclusion criteria. Of these, 56 males and 4 females with an average age of 38±14 days at surgery were included. No differences were found in terms of the duration of surgery, post-operative complications, duration of hospitalization, and weight at the time of surgery. The only statistically significant data was the chlorine level in cases with and without post-operative vomiting (97±3.5 vs. 102±3.3 mmol/L, p<0.05). There was a lower incidence of HPS from 2014 to 2019; however, there was no significant evidence regarding the correlation between this and the reduced birth rate recorded in the province of Verona during the same period. Conclusion: Although laparoscopic pyloromyotomy is a highly complex procedure, it is a feasible alternative to the classic open technique.

중풍 환자의 경직에 있어서 전침 치료 효과에 대한 체계적 고찰 (Systematic Review of Efficacy of Electroacupuncture for Spasticity because of Stroke)

  • 고호연;공경환;신미란;장명웅;박선주;박정수;장보형;이주아;고성규;전찬용
    • 대한중풍순환신경학회지
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    • 제12권1호
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    • pp.61-67
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    • 2011
  • Background : Prevalence of spasticity because of stroke are 40% patients after 12 month. Spasticity caused decrease of range of motor, motor function, and active daily living. Electroacupuncture widely used stroke. But it is been studied by systematic review between spasticity and electroacupuncture. This study is aimed to efficacy of electroacupuncture for spasticity because of stroke. Methods : We had used pubmed(www.pubmed.com) and cochrane library(www.thecochranelibrary.com) database. Limits are'human','randomized controlled trial'and'all adult 19+ years'in pubmed. The period was until 15, september, 2011. We used MeSH(Medical Subject Headings terms. The search words were'stroke'[mesh],'muscle spasticity'[mesh and 'electroacupuncture'[mesh]. In cochrane library, we used spasticity and electroacupuncture in cochrane library. We found 19 studies. But only 3 studies were included for inclusion criteria. Results : The appropriate 3 studies were different from subject, acupoint, duration of treatment, endpoint and etc. But these studies were effective for spasticity because of stroke. Conclusion : These studies were not meta analysis because of heterogeneity. But the above results might explain the electroacupuncture were effective for spasticity and further study needed to verify and standard electroacupuncture study for spasticity.

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염증성 근육뼈대계 질환에 대한 미세전류의 효과: 메타분석 (Effects of Microcurrent on Inflammatory Musculoskeletal Diseases: A Meta-Analysis)

  • 이정우;고운;두영택
    • 대한통합의학회지
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    • 제8권4호
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    • pp.1-11
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    • 2020
  • Purpose : The purpose of this meta-analysis was to examine the effects of microcurrent on inflammatory musculoskeletal diseases. Methods : Domestic databases (RISS, NDSL, KISS, DBpia, and Kmbase) were searched for studies that conducted clinical trials associated with microcurrent and its impact on inflammatory musculoskeletal diseases. A total of 606 studies published between 2002 and 2019 were identified, with 8 studies satisfying the inclusion data. The studies were classified according to patient, intervention, comparison, and outcome (PICO). The search outcomes were items associated with blood component, pain, and function. The 8 studies that were included in the study were evaluated using R meta-analysis (version 4.0). The quality of 7 randomized control trials was evaluated using Cochrane risk of bias (ROB). The quality of 1 non-randomized control trial was evaluated using risk of bias assessment tool for non-randomized studies (RoBANS). Effect sizes were computed as the corrected standard mean difference (SMD). A random-effect model was used to analyze the effect size because of the high heterogeneity among the studies. Egger's regression test was carried out to analyze the publishing bias. Results : The following factors had a large effect size involving microcurrent on inflammatory musculoskeletal diseases: blood component (Hedges's g=-2.46, 95 % CI=-4.20~-0.73), pain (Hedges's g=3.51, 95 % CI=2.44~4.77), and function (Hedges's g=3.06, 95 % CI: 1.53~4.58). Except for function (t=1.572, p=.191), Egger's regression test showed that the publishing bias had statistically significant differences. Conclusion : This study provides evidence for the effectiveness of microcurrent on inflammatory musculoskeletal diseases in terms of blood component, pain, and function. However, due to the small sample sizes used in the included studies, the results of our study should be interpreted cautiously, especially considering the publishing bias.

타이트-핏(Tight-Fit) 슬랙스 패턴구성을 위한 성인 남성의 하반신 채형에 관한 연구 (A Study on Lower Body Type of Adult Males for Tight-fit Slacks Pattern Making)

  • 도월희
    • 한국생활과학회지
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    • 제12권4호
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    • pp.559-570
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    • 2003
  • The focus of this research was concerned with studying lower body type for Korean adult males. To understand the features of men's lower body required to organize an optimal sizing system for men's tight-fit slacks, information from the measuring values based on research on the physical standard of the nation(l997) were summarized; in addition, a factor analysis and a cluster analysis among multivariate analyses were performed. In terms of the need for appropriate fit in motorcycle wear, basic lower body parts applying to each item had to be taken into consideration to enhance sizing suitability. In the case of the length of the lower limbs, the inclusion of protectors plays an important role in affecting sizing. The factors related to the lower body were defined as follows: Factor 1 was the vertical dimension of the lower body, Factor 2 was the horizontal dimension of waist and hip, Factor 3 was the horizontal dimension of the lower limbs, Factor 4 was the length of hips, and Factor 5 was the ankle height. The lower body part was also divided into 3 clusters. Cluster 1 referred to the smallest stature and skeleton structure among the 3 body types. Cluster 2 represented the biggest stature, with a thin lower limbs body type. Cluster 3 represented a medium stature but with a large skeleton structure of lower limbs, a muscular type. In conclusion, Cluster 2 appeared most in the 20s age groups, but Cluster 3 appeared most in each of the 30s, 40's, and 50's age groups.

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