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A Study on the Legal Bases for the Gross Disparity under PICC (국제상사계약에 관한 일반원칙(PICC)하에서 현저한 불균형에 관한 법적 기준)

  • YOON, Sang-Yoon;SHIM, Chong-Seok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.127-151
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    • 2016
  • UNIDROIT Principles of International Commercial Contracts(PICC) was published in 1994. PICC has been functioned as a guideline of international commercial contracts, an applicable law to govern a contract by the agreement of the parties to a contract, general principles of law and lex mercatoria. In addition, PICC has a role of interpreting or supplementing international uniform law instruments as well as domestic laws, and also has served as a model for national and international legislations. PICC has been accepted as a authoritative source of knowledge of international trade usages of international commercial contracts to the arbitral tribunal rather than domestic court because it excluded the characteristics of hard law at the drafting stage. This article dealt with the rule on gross disparity of validity which fall outside the scope of UN Convention on Contract for the International Sale of Goods(CISG), which has obtained a leading legal position of uniform law in international sales of good. In other words, PICC suggests a series of meaningful solutions to the issue of gross disparity of contract which is the most complicated among legal disputes occurring during the process of conclusion of contact and also extremely different and diverse between legal systems. This article covered the issue of gross disparity of contract at the conclusion of contact and suggested the legal basis of several rules related to the gross disparity by analysing gross disparity rule of PICC. Furthermore, this article suggested legal check points or implication as well as interpretation and evaluation on doctrine of laesio enormis and undue influence or unconscionability. This article also dealt with a comparative analysis with Principles of European Contract Law(PECL) and Common European Sales Law(CESL) which have important legal positions in the area of international commercial contract as well as in terms of close relationship to PICC by linking with recent court or arbitral tribunal rulings.

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Disputes on the Application of National Compulsory Law in International Sale of Goods under CISG - with a special reference to Case Law for Non-compliance - (CISG적용 국제물품매매에서 국내 강행법분쟁에 관한 연구 - 물품불일치 분쟁사건 판례를 중심으로 -)

  • Hahn, Jae-Phil
    • Journal of Arbitration Studies
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    • v.19 no.1
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    • pp.147-169
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    • 2009
  • This paper deals with disputes incurred from the CISG provisions in relation with the conformity of goods with a view to finding the general way of approach made by the court and arbitration tribunal in the case laws for the interpretation of CISG based on 6(six) cases thereon. Throughout this study, it has been noted that the German Supreme Court devoted most in creating the general principle of CISG interpretation in relation with national compulsory law of regulation applicable on the conformity of goods. It was New Zealand mussels case in which the German supreme court decided that the exporting country's compulsory law of regulation would be applied in determining the conformity of goods. Furthermore, German supreme court added that CISG does not place an obligation on the exporter to supply goods, which conform to all statutory or other public provisions in force in the import state unless the same provisions exist in the export State as well, or the importer informed the exporter about such provisions existing in the import state, or the exporter had knowledge of the provisions due to special circumstances. It is stipulated in CISG that the goods conform with contract if they are fit for the purpose for which goods of the same description would ordinarily be used. When questions arise concerning matters governed by the CISG that are not expressly defined in the CISG, the question is to be settled in conformity with general principles on which the convention is based. Only when such a general principle cannot be found may the tribunal turn to other sources such as UNIDROIT Principles, Principles of European Contract Law and Lex Mercatoria, etc. Interpretation of CISG should be autonomous, in the sense that it should not depend on principles and concepts derived from any national legal system. Even where a CISG rule is directly inspired by domestic law, the court should not fall back on its domestic law, but interpret the rule by reference to the CISG with a view to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade.

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DEGREE OF COLOR CHANGE AND DYE DEPOSITION ONTO COMPOSITE RESINS AFTER OFFICE BLEACHING IN VITRO (표백술에 의한 복합 레진의 색변화와 색소 침착 정도)

  • Choi, Nak-Won;Son, Ho-Hyun
    • Restorative Dentistry and Endodontics
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    • v.25 no.4
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    • pp.599-605
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    • 2000
  • Among the effects of tooth bleaching on composite resins, degree of color change and dye deposition onto composite resins after office bleaching were investigated in vitro. Seventy two disc-shaped resin samples were fabricated with hybrid type composite resin, Z-100 under 3 different environments(24 samples for each environment) characterized by 3 kinds of light-curing intensity and duration($250mW/cm^2$-20sec., $250mW/cm^2$-40sec., $550mW/cm^2$-20sec.). As control, one-third samples of each group were not treated with bleaching agent. The remaining two-thirds samples of each group were treated with bleaching agent(bleaching group). Then, before thermocycling procedure in coffee bath, the half of the samples treated with bleaching agent were polished(polishing group) with polishing system. SofLex, but the other half(not-polishing group) and control group were not polished. Another 72 samples were also made with microfilled type composite resin. Sillux Plus and treated according to the experimental procedures mentioned above. The color of each resin sample was measured before bleaching, after bleaching, and after thermocycling preceded by bleaching. And color difference was evaluated. It was concluded as follows: 1. The amount of color change of resin samples after office bleaching was not statistically significant(p>0.05). But the samples which were treated with bleaching agent showed more color change than that of control group. 2. After thermocycling in coffee bath, the amount of color change of resin samples between control and bleaching group was not statistically significant(p>0.05). 3. After thermocycling in coffee bath, the polishing procedure of resin samples showed no statistically significant difference(p>0.05) between polishing and not-polishing group in the aspect of color change.

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A STUDY ON THE SURFACE ROUGHNESS AND REFLECTIVITY AFTER POLISHING OF THE MICROFILL, HYBRID COMPOSITE RESINS (Microfill, Hybrid 복합레진 연마 후 표면조도와 광반사율에 관한 연구)

  • Moon, Anne-Jay;Kwon, Hyuk-Choon
    • Restorative Dentistry and Endodontics
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    • v.19 no.2
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    • pp.513-533
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    • 1994
  • The smooth surface after polishing of composite resin contributes to the patient's comfort, and appearance and longevity of the restoration. This study was performed for the quantitative analysis of the effects of the various finishing and polishing instruments on the surface roughness and reflectivity of the microfill, and hybrid composite resins. Cylindrical specimens 2mm thick and 10mm in diameter of Silux Plus, Durafill VS ; Z100, Prisma TPH, Brilliant, and Herculite XR composite resin were polymerized under the matrix strip. 18 specimens for each composite resin materials were divided into 6 groups ; 5 experimental groups were abraded with # 600 sand paper to remove resin-rich layer, except control. Thereafter, using diamond bur(Mani Dia-Burs), carbide bur(E. T. carbide set 4159), rubber point(Composite polishing kit), aluminum-oxide disk(Sof-Lex disk), polishing paste(Enhance system) ; each specimen was polished to its best achievable surface according to manufacturer's directions. Final polished surfaces were evaluated for the surface roughness with profilometer(${\alpha}$-step 200, Tencor instruments, USA) and for the reflectivity with image analyser(Omniment Image Analyser, Buehler, USA). The results were as follows. 1. Polishing paste or aluminum-oxide disk finish in the microfill, and hybrid composite resins was as smooth as matrix strip finish on the surface roughness test. 2. Polishing paste or aluminum-oxide disk finish in the microfill ; polishing paste finish in the hybrid composite resins was as reflective as matrix strip finish on the refectivity test. 3. For the polishing paste, there were no significant differences between the composite resin materials on the surface roughness and refectivity tests. 4. For the aluminum-oxide disk, the best result was obtained with the microfill composite resin on the surface roughness and reflectivity test. 5. Diamond bur, carbide bur, and rubber point were inappropriate for the final polishing instruments.

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A STUDY ON SURFACE ROUGHNESS OF COMPOSITE RESINS AFTER FINISHING AND POLISHING -an Atomic Force Microscope study (연마방법에 따른 복합레진의 활택도에 관한 연군 -Atomic Force Microscope를 이용한 연구)

  • Kim, Hyeong-Seob;Woo, Yi-Hyung
    • The Journal of Korean Academy of Prosthodontics
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    • v.35 no.4
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    • pp.719-741
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    • 1997
  • This study was undertaken to compare by Atomic Force Microscope the effects of various finishing and polishing instruments on surface roughness of filling and veneering composite resins. Seven composite resins were studied : Silux Plus (3M Dental Products, U.S.A.), Charisma (Heraeus Kulzer, Germany), Prisma THP (L.D.Caulk, Dentsply, U.S.A.), Photoclearfil (Kuraray, Japan), Cesead (Kuraray, Japan), Thermoresin LC (GC, Japan), Artglass (Heraeus Kulzer, Germany). Samples were placed and polymerized in holes (2mm thick and 8.5mm in diameter) machined in Teflon mold under glass plate, ensuring excess of material and moulded to shape with polyester matrix strip. Except control group (Polyester matrix strip), all experimental groups were finished and polishied under manufacturer's instructions. The finishing and polishing procedure were : carbide bur (E.T carbide set 4159, Komet, Germany), diamond bur (composite resin polishing bur set, GC, Japan), aluminum-oxide disc (Sof-Lex Pop-On, 3M Dental Products, U.S.A.), diamond-particle disc (Dia-Finish, Renfert Germany), white stone bur & rubber point( composite finishing kit, EDENTA, Swiss), respectively. Each specimens were evaluated for the surface roughness with Atomic Force Microscope (AutoProbe CP, Park Scientific Instruments, U.S.A.) under contact mode and constant height mode. The results as follows : 1. Except Thermoresin LC, all experimental composite resin groups showed more rougher than control group after finishing and polishing(p<0.1). 2. A surface as smooth as control group was obtained by $Al_{2}O_{3}$ disc all filling composite resin groups except Charisma and all veneering composite resin groups except Thermoresin LC(p<0.05). 3. In case of Thermoresin LC, there were no statistically significant differences before and after finishing and polishing(p>0.1). 4. Carbide bur, diamond bur showed rough surfaces in all composite resin groups, so these were inappropriate for the final polishing instruments.

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MICROLEAKAGE OF VARIOUS COMPOSITE RESIN SYSTEMS (다양한 복합레진 시스템의 변연 누출도)

  • Kim, In-Soo;Min, Kyung-San;Shin, Dong-Hoon
    • Restorative Dentistry and Endodontics
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    • v.28 no.2
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    • pp.127-133
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    • 2003
  • The object of this study was to compare the microleakage between various composite resin systems of multistep, one-bottle, and self-etching systems using electrical conductivity. After making class V cavities ($4{\times}3{\times}1.5{\;}mm$ around CEJ), they were bulk filled with three kinds of resins of A3. Teeth were storaged in a saline solution for one day, after then, they were finished and polished using Sof-Lex system. Another stress of thermocycling was made for 500 times from $5^{\circ}{\;}to{\;}55^{\circ}C$ with each dwelling time of 10 seconds. Electrical conductivity (microamphere, $\mu\textrm{A}$) was checked four times: before and after cavity preparation, after filing, after thermocycling. One-way ANOVA and 95% Scheffe Post Hoc test was used for checking any statistical difference among groups. Another 95% Paired Samples T-test was also used for estimating any significant difference within group after cavity filling or thermocycling. The results were as follows: 1 Every specimen showed various range of microleakage after filing. There was, however, no difference between composite resin systems. 2. All composite resin systems showed marked increase in microleakage with a thermocycling (p<0.05), there was, however, no difference between composite resin systems. 3. Although there was no significant difference between groups (p=0.078), one-bottle and self-etching systems seemed to be unstable than multistep system. Within the limits of this study, it was concluded that much more consideration should be needed when using thermally unstable one-bottle and self-etching systems that have multi-advantages from simplified step. More studies will be needed to solve these kinds of problems.

Word Sense Disambiguation of Predicate using Sejong Electronic Dictionary and KorLex (세종 전자사전과 한국어 어휘의미망을 이용한 용언의 어의 중의성 해소)

  • Kang, Sangwook;Kim, Minho;Kwon, Hyuk-chul;Jeon, SungKyu;Oh, Juhyun
    • KIISE Transactions on Computing Practices
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    • v.21 no.7
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    • pp.500-505
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    • 2015
  • The Sejong Electronic(machine readable) Dictionary, which was developed by the 21 century Sejong Plan, contains a systematic of immanence information of Korean words. It helps in solving the problem of electronical presentation of a general text dictionary commonly used. Word sense disambiguation problems can also be solved using the specific information available in the Sejong Electronic Dictionary. However, the Sejong Electronic Dictionary has a limitation of suggesting structure of sentences and selection-restricted nouns. In this paper, we discuss limitations of word sense disambiguation by using subcategorization information as suggested by the Sejong Electronic Dictionary and generalize selection-restricted noun of argument using Korean Lexico-semantic network.

Evaluation of recent changes in genetic variability in Thoroughbred horses based on microsatellite markers parentage panel in Korea

  • Park, Chul Song;Lee, Sun Young;Cho, Gil Jae
    • Animal Bioscience
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    • v.35 no.4
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    • pp.527-532
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    • 2022
  • Objective: In this study, we aimed to investigate the recent changes such as allele frequencies and total probability of exclusion (PE) in Thoroughbred horses in Korea using short tandem repeat (STR) parentage panels between 2006 and 2016. Methods: The genotype was provided for 5,988 horse samples with 15 microsatellite markers (AHT4, AHT5, ASB2, ASB17, ASB23, CA425, HMS1, HMS2, HMS3, HMS6, HMS7, HTG4, HTG10, LEX3 and VHL20). Results: In our study, the observed number of alleles per locus ranged from 3 (HMS1) to 9 (ASB17) in 2006 and 4 (HMS1) to 9 (ASB2) in 2016, with a mean value of 6.28 and 6.40, respectively. Of the 15 markers, HMS2, HTG4, and CA425 loci had relatively low polymorphism information content (<0.5000) in the Thoroughbred population. Mean levels of genetic variation in 2006 and 2016 were observed heterozygosity (HO) = 0.708, and expected heterozygosity (HE) = 0.685, as well as and HO = 0.699 and HE = 0.682, respectively. The PE was calculated for each group based on the allele frequencies of 14 or 15 STRs. The 2006 survey analyzed that PE was 0.9998, but it increased to 0.9999 in 2016 after the HMS2 marker was added in 2011. The current STR panel is still a powerful tool for parentage verification that contributes to the maintenance of integrity in the Thoroughbred population. Conclusion: The current STR panel is still a powerful tool for parentage verification that contributes to the maintenance of integrity in the Thoroughbred horses. However, continuous monitoring genetic variability is necessary.

Identification of the mechanism for dehalorespiration of monofluoroacetate in the phylum Synergistota

  • Lex E. X. Leong;Stuart E. Denman;Seungha Kang;Stanislas Mondot;Philip Hugenholtz;Chris S. McSweeney
    • Animal Bioscience
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    • v.37 no.2_spc
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    • pp.396-403
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    • 2024
  • Objective: Monofluoroacetate (MFA) is a potent toxin that blocks ATP production via the Krebs cycle and causes acute toxicity in ruminants consuming MFA-containing plants. The rumen bacterium, Cloacibacillus porcorum strain MFA1 belongs to the phylum Synergistota and can produce fluoride and acetate from MFA as the end-products of dehalorespiration. The aim of this study was to identify the genomic basis for the metabolism of MFA by this bacterium. Methods: A draft genome sequence for C. porcorum strain MFA1 was assembled and quantitative transcriptomic analysis was performed thus highlighting a candidate operon encoding four proteins that are responsible for the carbon-fluorine bond cleavage. Comparative genome analysis of this operon was undertaken with three other species of closely related Synergistota bacteria. Results: Two of the genes in this operon are related to the substrate-binding components of the glycine reductase protein B (GrdB) complex. Glycine shares a similar structure to MFA suggesting a role for these proteins in binding MFA. The remaining two genes in the operon, an antiporter family protein and an oxidoreductase belonging to the radical S-adenosyl methionine superfamily, are hypothesised to transport and activate the GrdB-like protein respectively. Similar operons were identified in a small number of other Synergistota bacteria including type strains of Cloacibacillus porcorum, C. evryensis, and Pyramidobacter piscolens, suggesting lateral transfer of the operon as these genera belong to separate families. We confirmed that all three species can degrade MFA, however, substrate degradation in P. piscolens was notably reduced compared to Cloacibacillus isolates possibly reflecting the loss of the oxidoreductase and antiporter in the P. piscolens operon. Conclusion: Identification of this unusual anaerobic fluoroacetate metabolism extends the known substrates for dehalorespiration and indicates the potential for substrate plasticity in amino acid-reducing enzymes to include xenobiotics.

FRACTURE RESISTANCE OF THE THREE TYPES OF UNDERMINED CAVITY FILLED WITH COMPOSITE RESIN (복합 레진으로 수복된 세 가지 첨와형태 와동의 파절 저항성에 관한 연구)

  • Choi, Hoon-Soo;Shin, Dong-Hoon
    • Proceedings of the KACD Conference
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    • 2008.05a
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    • pp.177-183
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    • 2008
  • It was reported that esthetic composite resin restoration reinforces the strength of remaining tooth structure with preserving the natural tooth structure. However, it is unknown how much the strength would be recovered. The purpose of this study was to compare the fracture resistance of three types of undermined cavity filled with composite resin with that of non-cavitated natural tooth. Forty sound upper molars were allocated randomly into four groups of 10 teeth. After flattening occlusal enamel. undermined cavities were prepared in thirty teeth to make three types of specimens with various thickness of occlusal structure (Group $1{\sim}3$). All the cavity have the 5 mm width mesio-distally and 7 mm depth bucco-lingually. Another natural 10 teeth (Group 4) were used as a control group. Teeth in group 1 have remaining occlusal structure about 1 mm thickness, which was composed of mainly enamel and small amount of dentin. In Group 2, remained thickness was about 1.5 mm, including 0.5 mm thickness dentin. In Group 3, thickness was about 2.0 mm, including 1 mm thickness dentin. Every effort was made to keep the remaining dentin thickness about 0.5 mm from the pulp space in cavitated groups. All the thickness was evaluated with radiographic Length Analyzer program. After acid etching with 37% phosphoric acid, one-bottle adhesive (Single $Bond^{TM}$, 3M/ESPE, USA) was applied following the manufacturer's recommendation and cavities were incrementally filled with hybrid composite resin (Filtek $Z-250^{TM}$, 3M/ESPE, USA). Teeth were stored in distilled water for one day at room temperature, after then, they were finished and polished with Sof-Lex system. All specimens were embedded in acrylic resin and static load was applied to the specimens with a 3 mm diameter stainless steel rod in an Universal testing machine and cross-head speed was 1 mm/min. Maximum load in case of fracture was recorded for each specimen. The data were statistically analyzed using one-way analysis of variance (ANOVA) and a Tukey test at the 95% confidence level. The results were as follows: 1. Fracture resistance of the undermined cavity filled with composite resin was about 75% of the natural tooth. 2. No significant difference on fracture loads of composite resin restoration was found among the three types of cavitated groups. Within the limits of this study, it can be concluded the fracture resistance of the undermined cavity filled with composite resin was lower than that of natural teeth, however remaining tooth structure may be supported and saved by the reinforcement with adhesive restoration, even of that portion consists of mainly enamel and a little dentin structure.

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