• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.377-401
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• 1999

This study is focused on the privity of the contract of carriage of goods by sea, so to speak, privity between B/L holder and carrier by transfer of bill of lading, privity by attornment to delivery order and conflict between bills of lading and charterparty terms. Under a CIF contract, possession of the bill of lading is equivalent to possession of the goods, and delivery of the bill of lading to the buyer or to a third party may be effective to pass the property in the goods to such person. The bill of lading is a document of title enabling the holder to obtain credit from banks before the arrival of the goods, for the transfer of the bill of lading can operate as a pledge of the goods themselves. In addition, it is by virtue of the bill of lading that the buyer or his assignee can obtain redress against the carrier for any breach of its terms and of the contract of carriage that it evidences. In other words the bill of lading creates a privity between its holder and the carrier as if the contract was made between them. The use of delivery orders in overseas sales is commen where bulk cargoes are split into more parcels than there are bills of lading, and this practice gives rise to considerable difficulties. For example, where the holder of a bill of lading transferred one of the delivery orders to the buyer who presented it to the carrier and paid the freight of the goods to which the order related, it was held that there was a contract between the buyer and the carrier under which the carrier could be made liable in repect of damage to the goods. The contract was on the same terms as that evidenced by, or contained in, the bill of lading, which was expressly incorporated by reference in the delivery order. If the transferee of the delivery order presents it and claims the goods, he may also be taken to have offered to enter into an implied contract incorporating some of the terms of the contract of carriage ; and he will, on the carrier's acceptance of that offer, not only acquire rights, but also incur liabilities under that contract. Where the terms of the charterparties conflict with those of the bills of lading, it is interpreted as below. First, goods may be shipped in a ship chartered by the shipper directly from the shipowner. In that case any bill of lading issued by the shipowner operates, as between shipowner and charterer, as a mere receipt. But if the bill of lading has been indorsed to a third party, between that third party and carrier, the bill of lading will normally be the contract of carriage. Secondly, goods may be shipped by a seller on a ship chartered by the buyer for taking delivery of the goods under the contract of sale. If the seller takes a bill of lading in his own name and to his own order, the terms of that bill of lading would govern the contractual relations between seller and carrier. Thirdly, a ship may be chartered by her owner to a charterer and then subchartered by the chaterer to a shipper, to whom a bill of lading may later be issued by the shipowner. In such a case, the bill of lading is regarded as evidencing a contract of carriage between the shipowner and cargo-owners.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.1-23
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• 2015

A party who relies on a breach of contract must take such measures as are reasonable in the circumstances to mitigate the loss, including loss of profit, resulting from the breach. Appropriate measures are those aimed at lessing the loss as far as reasonably possible. Such measures will typically be a resale of the goods by the seller or a cover purchase by the buyer. The measures the injured party is expected to take in order to mitigate the loss must be reasonable in the circumstances. Article 77 will be applied to the difference between the amount by which the loss should have been mitigated under Article 77. A reduction of damages is the only remedy available to the party in breach in cases covered by Article 77. If the buyer has received the goods and intends to exercise any right under the contract or this Convention to reject them, he must take such steps to preserve them as are reasonable in the circumstances. If goods dispatched to the buyer have been placed at his disposal at their destination and he exercises the right to reject them, he must take possession of them on behalf of the seller. Article 86(1) requires that the buyer manifest his intention at the moment of receipt of the goods. Article 86(2) envisages that the goods have been dispatched to the buyer and that they have been placed at his disposal at their destination. Article 87 allows him to deposit them in the warehouse of a third person. It is not necessary that the warehouse by public, or that it be a general warehouse for storage. A party who is bound to preserve the goods in accordance with articles 86 may sell them by any appropriate means taking possession of the goods or in taking them back or in paying the price or the cost of preservation. If the goods are subject to rapid deterioration or their preservation world involve unreasonable expense, a party who is bound to preserve the goods must take reasonable measures to sell them. A difference exists between paragraph Article 88 (1) which grants the right to sell, and paragraph (2 )which imposes the duty to take reasonable measures to sell the goods. According to Article 88(2), the party who wishes to sell must give notice to the other party of such intention, to the extent possible.

• Korean Journal of Clinical Laboratory Science
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• v.36 no.2
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• pp.222-232
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• 2004

The sample collection room(SCR) will have much more influence than all the other departments for the improvement of hospital image, if anyone coming to the SCR in the hospital goes back with the perfect complacency and because most clients who have much stresses and fatigues pay a final visit to the SCR via receipt-diagnosis- acceptance process. SCR has improved its image for the purpose of gratifying clients, in order for clients to visit the hospital again, the quality improvement(QI) team in the Diagnosis Inspection Medical Department has come to a conclusion as follows. The degree of client gratification before improvement marks 65.9 point, but the degree after improvement was 74.2 point. Therefore, satisfaction has increased by 8.3 points. The degree of client gratification in groups before improvement marks (1) service parts-89.2 points (2) facilities and environments-49.1 point (3) toilet facilities-46.3 point. But its gratification after improvement marks (1) 92.5 point (2) 60.1 point (3) 61.0 point. Therefore the degree of satisfaction has increased by (1) 3.3 point, (2) 11.0 point, (3) 14.7 point. The progress of facility improvement plans and the exclusion of improvement on the facility contents in the hospital have made facilities and environments of SCR and toilet facilities to be poorly improved. Although service parts have a good mark, and the facilities and environments are not scoring well, the whole degree clients' gratification of SCR couldn't be helped by the low grade. Therefore the bottom line for the clients' gratification of SCR in the future is to ameliorate the facilities and environments. SCR will take the clients' gratification survey every year and if any items get low marks, that is, below 90 point throughout the survey, SCR will immediately starts the improvement work for the clients' gratification with operating the programs of controlling quality continually, and SCR should induce the operation of services, participating in the kind campaign drive for clients. So SCR will adopt the incentive system for the best staff members who perform these kinds of services.

• Analytical Science and Technology
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• v.30 no.5
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• pp.279-286
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• 2017

Determination of the order of latent fingerprints deposition on the surface of thermal paper, often found in crime scenes, is related to the study of time course and aging of fingerprints and can provide additional information in criminal investigations. A preliminary study was performed to determine the deposition order of fingerprints left with two different conditions of deposition pressure and time (in seconds) after 1 day intervals for 7 days on thermal paper (receipt and fax thermal paper) using an iodine fuming method. The resultant images of the visualized fingerprints were analyzed with densitometric image analysis to measure the changes in the areas of the ridges, which can be correlated to the deposition order. No significant variation was found with the different types of thermal paper. The average areas of the friction ridges increased gradually or were similar to the values from day 1 for 3 days, and then a continual decrease was shown from day 4 through day 7. The area values from day 6 and day 7 were less than half of those from day 1. Furthermore, the test with overlapped fingerprints showed the possibility of differentiation between fingerprints that are 1-3 and 6-7 days old based on the clarity visible to the naked eye. Additional experiments with the deposition conditions can prove that the current method is valuable for the determining the order of fingerprint deposition on thermal paper.

• Journal of KIISE:Information Networking
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• v.33 no.4
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• pp.289-298
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• 2006

Algorithms for application-level multicast often use trees to deliver data from the source to the multiple receivers. With the tree structure, the throughput experienced by the descendant nodes will be determined by the performance of the slowest ancestor node. Furthermore, the failure of an ancestor node results in the suspension of the session of all the descendant nodes. This paper focuses on the transmission of data using multiple virtual forwarders, and suggests a scheme to overcome the drawbacks of the plain tree-based application layer multicast schemes. The proposed scheme elects multiple forwarders other than the parent node of the delivery tree. A receiver receives data from the multiple forwarders as well as the parent node and it can increase the amount of receiving data per time unit. The multiple forwarder helps a receiver to reduce the impact of the failure of an ancestor node. The proposed scheme suggests the forwarder selection algorithm to avoid the receipt of duplicate packets. We implemented the proposed scheme using MACEDON which provides a development environment for application layer multicast. We compared the proposed scheme with Bullet by applying the implementation in PlanetLab which is a global overlay network. The evaluation results show that the proposed scheme enhanced the throughput by 20 % and reduced the control overhead over 90 % compared with Bullet.

• Korean Journal of Construction Engineering and Management
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• v.8 no.2
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• pp.101-108
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• 2007

Currently construction corporations also is whether executing or planning IR activities as other corporation do. We will analyze correlation between stock price and IR activities and execute actual analysis of how IR activities influence stock price in order to identify positive influence of IR activities on Construction Corporations which are executing IR activities for raising capital and investors. We make two hypothesizes through searching thesis and interviewing experts. Two hypothesizes are as follows. First of all, stock price will increase in terms of public of IR activities. Second of all, IR activities targeted on domestic investors will be very successful. We deduce conclusions through verifying two hypothesizes. Conclusions are as follows. First of all, IR activities of construction corporations influence stock price positively. Second of all, IR activities targeted on international are more effective than on domestic Third of all, even though IR activities targeted on domestic is less effective than on international, it is indicated that it have positive influences. Construction corporations give investors frostiness and then will expect to raise capital and renew $its^{\circ}{\phi}$ imageby well executing IR activities.

• Journal of Broadcast Engineering
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• v.15 no.1
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• pp.63-75
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• 2010

In this paper, the equalizer techniques that is able to adopt the digital on-channel repeater for 8VSB-based DTV system has been analyzed and we propose an effective equalizer structure which can reduce the error propagation phenomenon by the feedback signal and improve the receiver performance at the same time. In order to confirm the effective cancellation of the feedback signal, the multi-level Correlation LMS scheme is proposed through the analysis of conventional basic LMS based DFE and Correlation LMS algorithm and as compared with the conventional method, we can confirm the reduction of error propagation. When performing the computer simulation, as the Brazil channel model which is very popular for DTV broadcasting system is adopted, the result is drawn by comparing and analysing the equalizer algorithm. We have examine the symbol error rate which is in the range of 15~25dB of operation receipt SNR and MSE(Mean Square Error) in the DTV broadcasting system. As a result of comparing with the existing method, the signal-noise ratio which is necessary for maintain the bit error correction ability that the means of proposal is same is reduced by about 2~5dB, and in the rate of convergence through the MSE, we found the reduction of needed time.

• Journal of Biomedical Engineering Research
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• v.24 no.6 s.81
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• pp.533-541
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• 2003

In the paper. the health card system to integrate several cards into one card for protecting patient's privacy and security problems is proposed. Firstly, it is defined the minimal data set for integrating several patient cards into one card using IC card, and developed the issuing system to issue the integrated patient IC card. In order to secure and certificate a patient's personal information. the integrated patient IC card has applied 3-DES and the PKI certificate authority based Windows 2000 is established. The receipt and reservation system for taking care of a healthcare has developed to cooperate with the existing hospital computer system. The integrating patient IC card system proposed in this paper is implemented to 11 hospitals and used for 1.000 patients. On the result of the simulation. the proposed system can receive or reserve for a patient to take care of healthcare in the simulated hospitals and also establish the basis of the mechanism to share a medical information.

• Journal of Information Management
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• v.35 no.4
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• pp.1-16
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• 2004

In this paper, we outline the user interface problems that the text messaging users face to provide empirical basis for developing better improved mobile text messaging system. Our initial hypothesis was that the majority of the problems that the text messaging users face, namely, 1) difficulty in correctly understanding the intent of the incoming messages and 2) problem with frequently mis-addressing the recipient of the outgoing messages, can be accounted for by the poor usability of the text messaging user interface. Our analysis is based on the text message-based communication diaries, which were recorded for one week by each and every one of 75 college students, and survey taken from the same subjects. The data was collected in 2004. The students listed various difficulties including the limited message length, obscure input method, lack of mean to express emotional content, lack of receipt confirmation, lack of auto save feature when preparing messages to send, and lack of means to permanently save messages. Some of these problems were also identified in the previous studies. However, we were able to gather additional problems that the users face and also elicit potential solutions to remedy the problems. From these findings and analysis, we attempted to provide ways to improve the text messaging user interface.

• Journal of Distribution Science
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• v.13 no.1
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• pp.83-91
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• 2015

Purpose - Despite the structural irrationality of multi-level transportation and the oil price rise, the domestic freight transportation market continues to grow, mirroring the rise in e-commerce and resultant increase in courier services and freight volumes. Several studies on courier services have been conducted. However, few studies or statistics have been published regarding regular freight services although they have played a role in the freight service market. The present study identifies the characteristics of regular freight service users to seek competitiveness enhancement measures specific to regular freight services. Research design, data, and methodology - IPA is a comparative analysis of the relative importance of and satisfaction with each attribute simultaneously. This study used IPA because it facilitates the process of analyzing importance and performance, deriving implications and a visual understanding of results. To enhance the competitiveness of regular freight services, this study surveyed its current users regarding the importance of the regular freight service factors. A total of 200 copies of a questionnaire were circulated and 190 copies were returned. In addition to demographics, respondents answered questions about the importance of and satisfaction with services on a 5-point Likert scale. Excluding 3 inappropriate copies, 187 out of 190 copies were analyzed. PASW Statistics 18 was used for statistical analysis. A total of 20 question items were selected for the service factors presented in the questionnaire based on the 1st pilot survey and previous studies. Results - According to the IPA performed to compare the importance of and satisfaction with service factors, both importance and satisfaction are high in the 1st quadrant, which involves the economic advantage of using regular freight services, quick arrival at destinations, weight freight handling, and less time constraints on freight receipt/dispatch. This area requires continuous management. Satisfaction is higher than importance in the 2nd quadrant, which involves the adequacy of freight, cost savings over ordinary courier services, notification on freight arrival, and freight tracking information. This area requires intensive investment and management. Satisfaction is lower than importance in the 3rd quadrant, involving the credit card payment system, courier delivery service, distance to freight handling sites, easy access to freight handling sites, and prompt problem solving. This area requires further intensive management. Both importance and satisfaction are low in the 4th quadrant, involving the availability of collection service, storage space at freight handling sites, kindness of collection/delivery staff, kindness of outlet staff, and easy delivery checks. This area is a set of variables should be excluded from priority control targets. Conclusions - Based on the IPA, service factors that need priority controls because of high importance and low satisfaction include the credit card payment system, delivery service, distance to freight handling sites, easy access to freight handling sites, and prompt problem solving. The findings need to be applied to future marketing strategies for regular freight services and for developing competitiveness enhancement programs.