• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.24
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• pp.25-49
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• 2004

English contract law has traditionally taken the view that it is not the duty of the parties to a contract to give information voluntarily to each other. In English law, one of the principal distinctions between insurance contract law and general contract law is the existence of the duty of disclosure in insurance law. This article is, therefore, designed to analyse the scope or extent of the duty of disclosure and the remedy for breach of the duty in English marine insurance law. The main purpose of this article is also to seek the alternative remedy for the breach. The results of analysis are as following : First, the scope of the duty of disclosure is closely related to the test of materiality and the concept of a hypothetical prudent insurer. The assured is required to disclose only material circumstances subject to MIA 1906, s. 18(1). The test of materiality, which had caused a great deal of debate in English courts over 30 years, was finally settled by the House of Lords in Pan Atlantic and the House of Lords rejected the 'decisive influence' test and the 'increased risk' test, and the decision of the House of Lords is thought to accept the 'mere influence' test in subsequent case by the Court of Appeal. Secondly, an actual insurer is, in order to avoid contract, required to provide proof that he is induced to enter into the contract by reason of the non-disclosure of the assured. But this subjective test of actual inducement is somewhat meaningless in sense that English court takes the test of materiality as a starting point and assumes the presumption of inducement even in case of no clear proof on the inducement. Finally, MIA 1906, s. 18 provides expressly for the remedy of avoidance of the contract for breach of the duty of disclosure. This means rescission or retrospective avoidance of the entire contract, and the remedy is based upon a fairly crude 'all-or-nothing' approach. The remedy of rescission is too draconian from the point of view of the assured, because he can be deprived of all cover despite he is innocent perfectly. An inadvertent breach from an innocent mistake is as fatal as wilful concealment. What is, therefore, needed in English marine insurance law with respect to remedy for the breach is to introduce a more sophisticated or proportionate remedy ascertaining degrees of fault.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.33-66
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• 2009

Common law makes a distinction between partial breach and material breach. Attempted definitions of material breach are notoriously unsatisfactory, and the concept of partial breach does not necessarily bear an inverse relationship to substantial performance. This study will review the basic structure of common law contract remedies together with how these remedies are reflected in UCC Article 2 for sale of goods contracts. The matter is complicated because availability of remedy depends on the seriousness of the breach, and the right to cure, and (for sale of goods) these in turn depend on whether the contract is an installment contract or a single performance contract. Common law jurisdictions relegate specific performance of contracts to a last place in the hierarchy of contract remedies. Common law lawyers should recognize that this is the result of historical accident and not the product of some kind of superior intellectual effort. Not only is the attitude of civil law systems toward specific performance quite different, but for international sales contracts in developing nations, a remedy system based on the notion that substitute contracts are readily available(and therefore damage remedies are appropriate) is unrealistic. English common law courts were largely restricted to remedies in the form of monetary damages. For that reason the primary contract remedy at common law has never been specific performance. Rather, common law courts have struggled to develop an appropriate measure of monetary damages for breach of contract. Today, specific performance is viewed as an equitable remedy rather than common law. In the United States the dual court system has been abolished by a merger of law and equity courts into a single court structure. However some historical distinction linger on. The most important is that jury trials are generally not available in actions that seek equitable relief. If a plaintiff seeks in personam relief, such as specific performance of a contract, the action will be viewed as equitable and there will be no entitlement to a jury. Further, equitable relief will be granted only in those situations where the plaintiff pleads and proves that the remedy at law is inadequate. The purpose of this study aims to analyze the remedy system of breach of contract of U.K. and U.S. in the international commercial transactions with criterion of commercial rationality.

• Journal of the East Asian Society of Dietary Life
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• v.2 no.2
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• pp.221-228
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• 1992

A bibliographical study were designed under the purpose of the prevention and remedy in Dysentery, A boil, Syphilis, Pest and Pulmonary distoma by the Korean traditional sanitary customs and a superstition. The method of the Korean Traditional Folk Remedy used in this area was mainly food, which can be easily found around their house and easy to use.

• Journal of the East Asian Society of Dietary Life
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• v.8 no.2
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• pp.116-125
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• 1998

This study was designed to find out the anti-cancer effects of two herbs using a folk remedy in Korea-The two herbs were A: Equisetum arvense L. (Seddugi), B: Eunymus alatus Siebold. (Hwasalnamoo) The experiment for the anti-cancer effects were conducted in mice and experimental groups were divided into normal(NO), standard (ST) and two other(A,B) groups for each herb and each of the two experimental groups consisted of three sub-groups(I, II, III) according to three different quantity doses of a folk remedy using five times and ten times the quantity of a commonly used in a folk remedy. The water soluble extracts of two herbs were orally administered to mice during six weeks followed by inoculation of the sarcoma-180 tumor cells into the peritoneal cavity. During experimental periods, the contents of ascites, abdominal organs were observed histopathologically. The results of effects on anticancer were as follows : 1. The survival time was significantly prolonged by the two herbs, especially in groups AII & BII.2. Body weight, circumference of the abdomen and contents of ascites at the time of sacrifice were noted and significantly decreased in groups AI, AII & BII. 3. Anti-cancer effects evaluated by the invasiveness and thickness of the tumor cells were noted in groups AIII & BII.

• Journal of Oriental Neuropsychiatry
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• v.19 no.3
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• pp.231-244
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• 2008

Insomnia is one of the highest frequency neuropsychosis of neuropsychiatry patients and is primarily caused by major depressive disorder. This case study is about a remedy for a 33 year-old woman who has insomnia and intense depressed mood caused by the continuous family jar. Also, she had the feeling of squeezing her body, pouring cold water into her body, anorexia and feeling cold and hot turn and turn. I operated mindfullness with accupuncture, herb-medication and aroma theraphy. Especially, mindfullness and Gagamguibi-tang were effective for relaxation and the sound sleep in quality and quantity. According to this study, the traditional oriental medical remedy such as accupuncture, herb-medication is effective for the cure of insomnia and mindfullness fortifies the oriental medical remedy.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.337-364
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• 2009

Trade remedy is the system that additional duty or import quantity restriction would be imposed on the import products, in case that unfair imports damage domestic industry or even proper import products damage significantly domestic industry. The system is secured by the act of unfair trade practice investigation & industrial damage remedy, tariff act, WTO agreement. Anti-dumping duty act is the system that duties are assessed with the equal or less amount of the difference between normal transaction price and dumping price, in case that the product imported under dumping price causes or may cause damages in domestic industry, or the development of domestic industry should be delayed practically. Recently, the problems related with anti-dumping duty imposed as the part of the trade remedy occur frequently. It is necessary to discuss whether the anti-dumping duty act is practically trade remedy which does comply with GATT regulations and WTO agreements as the criteria of international law and is in line with the intent of domestic act in the suffered country, or it does return to protective trade or reduce the protection of consumer. On the basis of this discussion, it would be difficult to impose the antidumping duty on industrial products in order to protect domestic industry, when considering the expected free trade agreements of Korea-US, Korea-China and Korea-Japan. In order to survive under the current severe competition of world trade market, companies should raise the competitiveness by themselves without relying on the current trade acts to provide with a certain protection. This thesis should bring those attentions.

• Archives of Plastic Surgery
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• v.50 no.3
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• pp.305-310
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• 2023

Background In this modern era of science-based medicine, some people still accept folk remedies as an alternative form of medicine. However, misinformation and misuse of folk medicines can result in dangerous complications. Among the possible complications of folk remedy use, this study focused on the clinical characteristics of burns caused by folk remedies. Methods We retrospectively reviewed the clinical records of patients who had been treated for burns caused by folk remedies from May 2015 to April 2022. Data were collected on patients' age and gender, type of folk remedy, reason for using the folk remedy, the severity of the burn, the number of wounds, lesion type, and type of treatment. Results We found 59 patients with burns due to folk remedies. Most were female (76.3%) and ≥ 60 years old (72.9%). The most common type of folk remedy was moxibustion (74.6%), followed by the use of glacial acetic acid (20.3%). The reasons for using folk remedies were arthralgia relief (39%), health improvement (18.6%), and treatment of tinea pedis (11.9%). Most patients had multiple wound sites and had burns that were considered severe, requiring surgical treatment (72.9%). The majority of lesions were on the lower extremity, including the foot. Conclusion This study described the risk of burns caused by folk remedies and the clinical characteristics of the wounds. The results emphasize the need for greater public awareness of the risk of burn injuries when using folk remedies.

• Journal of Korean Medical classics
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• v.22 no.4
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• pp.189-198
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• 2009

Considering the opinions of annotators, the remedy about excess of east and deficiency of west from "the seventy-fifth question" can be arranged as follows. "The seventy-fifth question", with "the sixty-ninth question", explains excess and deficiency of mother and son. Abatement of fire and invigoration of water[瀉火補水] in the excess of wood and deficiency of metal[木實金虛] presents a remedy, which has been applied in herbs and medicine application henceforth. "The seventy-fifth question" is a unique theory from " Nan-gyeong(難經)", and does not continue the theory of "Hwangjenaegyeong(黃帝內經)". "The seventy-fifth question" mentions the relationship of excess and deficiency of the five elements and five viscera, but does not mention excess and deficiency of invigoration and abatement of the meridian. Remedy from abatement of fire and invigoration of water[瀉火補水] in the excess of wood and deficiency of metal[木實金虛] is an abnormal, temporary and extraordinary method. This remedy is applied in Saam acupuncture[舍巖鍼] as A-variation form. The process where Son allows excess of mother[子能令母實] and mother allows deficiency of son[母能令子虛] in the abatement of fire and invigoration of water[瀉火補水] is a mechanism, not a remedy. Generation after generation, medical practitioners can be classified into those that claimed abatement of fire and invigoration of water[瀉火補水] because of the relation with excess of liver and deficiency of lung[肝實肺虛], abatement of heart(瀉心) due to the excess of liver(肝實), or invigoration of Eum and abatement of Yang[補陰瀉陽].

• Journal of Physiology & Pathology in Korean Medicine
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• v.26 no.5
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• pp.577-587
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• 2012

Warm disease: Any of various heat disease characterizer by rapid onset and shifts, pronounced heat signs, and a tendency to form dryness and damage yin. Exterior heat sign: exterior heat patterns are characterizer by pronounced heat signs, such as a red sore pharynx and a relatively red tongue with dry fur, the pulse is floating and rapid, cough and the production of thick white or yellow phlegm. If wind-heat evil exist in weifen, it becomes exterior syndrome, and a remedy about that is dispelling wind-heat but when wind-heat evil invades in nasal and throat part so the disease occurs, you need to add relieving sore throat worsens invades in lung it makes disharmony of diffuse in lungs. So a remedy about it is diffuse the lung. disharmony of diffuse in lungs makes metabolic disorder of qi and liquid and humor malfunction therefore it occurs cough and heat-phlegm syndrome. heat from weifen invades the whole of lungs and form lung heat. So a remedy about lung heat is clearing away lung heat, this lung heat makes inevitably bleed in lungs, therefore a remedy in this case is clearing the lung to stop bleeding, or moistening the lung. Exterior heat sign means that exterior syndrome coexists with heat syndrome and it means that a remedy of this syndrome need to mix prescriptions for relieving exterior syndrome and heat-clearing prescriptions to treat this syndrome.

• Journal of Haehwa Medicine
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• v.18 no.1
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• pp.83-88
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• 2009

Recently, herbal drugs haver been used world wide. and generally regarded as safe with no serious adverse reaction. Drug-induced liver injury (DILI) is one of frequent cause of liver diseases. If DILI is not treated, it can be developed into liver cirrhosis, hepatoma, etc. Currently, DILI has been reported to be common cause of acute hepatitis, and oriental medicine and folk remedy are not exception. We encountered one case of DILI, cause by folk remedy. Patients complained chest discomfort, yellow skin and urine, nausea, vomiting. Lab test showed elevated level of aspartate aminotransferase (AST), alanine aminotransferase (ALT), gamma glutamyl transpeptidase (r-GTP), total bilirubin (TB). We estimated acute DILI and stopped taking folk medication made by himself. After 1 week of treatment, the clinical symptoms and liver function improved. Genetic and environmental factors as well as drug itself decide the hepatic toxicity, and the major DILI are belonged in acute type. So we need to get more attention to folk medication to help preventing the DILI cause by folk remedy.