• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.63-84
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• 2016

Article 77 of CISG requires an aggrieved party, the promisee, claiming damages to take reasonable measures to mitigate losses. The reasonable measures required hereunder are limited to those that can be expected under the circumstances having regard to the principle of good faith. When taking such measures, the aggrieved party must do so within a reasonable time under the circumstances. The expenses incurred in taking such measures are recoverable from the promisor. If the aggrieved party fails to do so, the damages recoverable from the promisor are reduced in the amount the loss that should have been mitigated. The aggrieved party's duty to mitigate damages applies to claim for damages only. That is, the violation of this duty should not be invoked against other remedies available under CISG, such as the right to claim specific performance, the right to claim for the price or the right of reduction of price. In practice, under the provision of article 77, the aggrieved party, the seller or the buyer, is often required to enter into a substitute transaction as a measure to mitigate losses and many cases involving a substitute transaction are internationally reported. Therefore this paper intends to provide a certain understanding of the aggrieved party's duty to take measures to mitigate losses based on such cases reported.

• Journal of Communications and Networks
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• v.7 no.3
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• pp.243-247
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• 2005

We propose an efficient block least-mean-square (BLMS) adaptive algorithm, in conjunction with error control coding, for direct-sequence code division multiple access (DS-CDMA) systems. The proposed adaptive receiver incorporates decision feedback detection and channel encoding in order to improve the performance of the standard LMS algorithm in convolutionally coded systems. The BLMS algorithm involves two modes of operation: (i) The training mode where an uncoded training sequence is used for initial filter tap-weights adaptation, and (ii) the decision-directed where the filter weights are adapted, using the BLMS algorithm, after decoding/encoding operation. It is shown that the proposed adaptive receiver structure is able to compensate for the signal-to­noise ratio (SNR) loss incurred due to the switching from uncoded training mode to coded decision-directed mode. Our results show that by using the proposed adaptive receiver (with decision feed­back block adaptation) one can achieve a much better performance than both the coded LMS with no decision feedback employed. The convergence behavior of the proposed BLMS receiver is simulated and compared to the standard LMS with and without channel coding. We also examine the steady-state bit-error rate (BER) performance of the proposed adaptive BLMS and standard LMS, both with convolutional coding, where we show that the former is more superior than the latter especially at large SNRs ($SNR\;\geq\;9\;dB$).

• Wind and Structures
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• v.12 no.6
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• pp.505-517
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• 2009

Synchronous wind-induced pressures, measured in wind-tunnel tests on model buildings instrumented with hundreds of pressure taps, are an invaluable resource for designing safe buildings efficiently. They enable a much more detailed, accurate representation of the forces and moments that drive engineering design than conventional tables and graphs do. However, the very large volumes of data that such tests typically generate pose a challenge to their widespread use in practice. This paper explains how a wavelet representation for the time series of pressure measurements acquired at each tap can be used to compress the data drastically while preserving those features that are most influential for design, and also how it enables incremental data transmission, adaptable to the accuracy needs of each particular application. The loss incurred in such compression is tunable and known. Compression rates as high as 90% induce distortions that are statistically indistinguishable from the intrinsic variability of wind-tunnel testing, which we gauge based on an unusually large collection of replicated tests done under the same wind-tunnel conditions.

• The Journal of Korean Obstetrics and Gynecology
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• v.23 no.1
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• pp.72-82
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• 2010

Purpose: This study was conducted to estimate the annual socioeconomic costs of menopausal syndrome treated with oriental medicine in Korea 2008. Methods: Study subjects selected were patients aged 40 years or older who had national health insurance(NHI) claims record with menopausal syndrome(KCDO codes: K04, K04.0, K04.2, K04.3, K04.4) for oriental medicine treatment in 2008. Direct medical cost of oriental medicine treatment for menopausal syndrome were measured from NHI claims records. Direct non-medical costs were estimated as transportation costs incurred when visiting hospitals. Indirect costs were defined as patients' productivity loss associated with office visits or hospitalization. Also, the costs of unpaid-household chores were calculated. Results: The total cost for the oriental medicine treatment of menopausal syndrome in the nation was estimated to be 743,091,219 Korean won(KRW) which included direct costs at 442,971,637 KRW and indirect costs at 300,119,583 KRW. Conclusion: This study provides an important perspective of socioecnomic influence due to menopausal syndrome treated with oriental medicine. And this results can be used as elementary data for menopausal syndrome-related health policy of oriental medicine.

• Applied Microscopy
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• v.46 no.3
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• pp.134-139
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• 2016

Detailed structural and molecular imaging of intact organs has incurred academic interest because the associated technique is expected to provide innovative information for biological investigation and pathological diagnosis. The conventional methods for volume imaging include reconstruction of images obtained from serially sectioned tissues. This approach requires intense manual work which involves inevitable uncertainty and much time to assemble the whole image of a target organ. Recently, effective tissue clearing techniques including CLARITY and ACT-PRESTO have been reported that enables visualization of molecularly labeled structures within intact organs in three dimensions. The central principle of the methods is transformation of intact tissue into an optically transpicuous and macromolecule permeable state without loss of intrinsic structural integrity. The rapidly evolving protocols enable morphological analysis and molecular labeling of normal and pathological characteristics in large assembled biological systems with single-cell resolution. The deep tissue volume imaging will provide fundamental information about mutual interaction among adjacent structures such as connectivity of neural circuits; meso-connectome and clinically significant structural alterations according to pathologic mechanisms or treatment procedures.

• Korean Journal of Organic Agriculture
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• v.15 no.4
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• pp.355-376
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• 2007

This study evaluated economic feasibility to find a method that can increase income of a rape farmer for biodiesel. Biodiesel is one of an important bioenergy that can be used to substitute diesel-fuel. A rape is useful not only for biodiesel, but also for a substitute of a barley. This study deals with the income and cost data of a rape farmer compare to that of a barley farmer. According to the result of economic evaluation from 2002 to 2006, the income of a rape farmer for biodiesel incurred a loss. However, this study showed that the income of a rape farmer would be approximately 80% of that of a barley farmer if a new variety of rape called 'SUNMANG' was growed. Also, biodiesel has various ancillary effects such as by-product, preservation of a scenery, reduction of $CO_2$, etc. If the income of a rape farmer had ancillary effects, it would exceed the income of a barley farmer. As a result, we need to support ancillary effects of a rape to encourage a rape farmer for biodiesel.

• Journal of the Korean Society of Marine Environment & Safety
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• v.17 no.2
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• pp.149-154
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• 2011

It is very important for ability to be treated to protect and secure the loss of life and property in emergency situation at sea. 80% of maritime casualty are incurred by human factors rather than a mechanical reason, which means that most maritime incident does not come from only one factor by mistake, but multiple potential factors causing a fault and error. Therefore, after research of the leadership effect to the ship, decision making process and behavior characteristics occurred in emergency situation, this paper presents settlement scheme and strategy in order to reduce human error in the ship.

• Journal of Arbitration Studies
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• v.23 no.4
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• pp.191-209
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• 2013

The amount of international trade conducted through Hong Kong (HK) is increasing, thus rendering the legal framework governing contracts of sale between Mainland China (China) and HK is of particular importance. The status of HK under the CISG is currently unclear, however. First, the CISG entered into force in China in 1988. This important development had no legal effect for HK though as China lacked the power to enter into international conventions for HK. Second, the "Letter of Notification" deposited to the Secretary-General of the UN referred a list of treaties to be applied to HK, taking effect from July 1, 1997. This list, however, made no mention of the CISG. Third, China made a reservation in Article 95 of the CISG. Pursuant to Article 1(1)(b) of the CISG, the CISG cannot apply to HK. As a result, the Chinese Arbitral Tribunal apply the Chinese law according to the closest connection principle with the contract. In this case, attention must be given to the different result to which the CISG is applied. Liability for damages pursuant to the Chinese Contract Law (CCL) is just the same as Article 74 CISG, but CCL does not govern the case with substitute transaction and without substitute transaction when the contract is avoided. Therefore, the contract should be governed by the CISG from a business perspective when a contract is concluded between China and HK; otherwise, a promisee could not be fully compensated for all loss incurred.

• Korean Journal of Air-Conditioning and Refrigeration Engineering
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• v.27 no.8
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• pp.418-425
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• 2015

The Korean government plans to establish large-scale horticultural facilities using reclaimed land to improve the competitiveness of the national agricultural sector at the government level. One of the most significant corresponding problems is the ongoing dependence of these facilities on fossil fuel, whereby constant heating is necessary during the winter season to provide the necessary breeding conditions for greenhouse crops. In particular, high-level energy consumption is incurred from the use of heating-related coverings with large heat-transmission coefficients such as those composed of vinyl and glass. This study investigated the potential applicability of waste-incineration heat for use in large-scale horticultural facilities by evaluating the hot-water temperature, heat loss, and available greenhouse area as functions of the distance between the incineration facility and the greenhouse. In conclusion, waste-incineration heat from a HDPE pipe can heat a horticultural facility of 10 ha if the distance is less than 8 km.

• Journal of Korean Society of Rural Planning
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• v.4 no.2
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• pp.29-40
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• 1998

The landscape of rural settlement incurred the loss and worsening of its main feature in the modernization which was progressed by the inner and outer cause - the growth of urbanization and improvement of living and dwelling environment. This study investigates the visual characteristic of land-use in rural and analyzes relations between visual quantities by land-use and a pre(essence of landscape. And it is suggested the basic data of a planning and a management in rural by making clear characteristics and influences of landscape preference elements The visual characteristic of landscape elements that is based on the rural land-use is classified harmony, variety, variables and particulate. And it is classified the object of landscape by recognizing images of landscape produce space, natural environment, settlement place and cultivated land of a special products. In the analysis of landscape preference, it appears that the harmony has a great influence on a suburban, a rural, a mountainous district, and a hamlet in psychology elements and the volume of forest area in visual elements. As a result, it requests rural scenes in harmony with the natural environment. So, the landscape planning which has the regional development and the identity as the rural settlement can be represented by the preservation and development of regional feature.