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Interpretation of Estoppel Doctrine in the Letter of Credit Transaction : Comparison between UCP 500 and 95 UCC (신용장거래(信用狀去來)에서의 금반언법리(禁反言法理)에 관한 해석(解釋) - UCP 500 제13조, 제14조와 95 UCC 제5-108조의 비교를 중심으로 -)

  • Kim, Young-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.429-460
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    • 1999
  • The letter of credit is quintessentially international. In the absence of international legal system, a private system based on banking practices has evolved, commanding the adherence of the international letter of credit community and providing the foundation of th reputation of this instrument. To maintain this international system, it is vital that international standard banking practice should not be subject to local interpretations that misconstrue or distort it. The UCP is a formulation of international standard banking practice. It is neither positive law nor a "contract term" in any traditional sense and its interpretation must be consonant with its character as a living repositary of international understanding in this field. As a result, the interpretation and application of specific articles of the UCP must be consistent with its evolving character and history and with the principles upon which sound letter of credit practice is predicated. This study, especially, focuses on article 13 and article 14 of the UCP500. Article 13(b) of UCP500 stipulates that banks will have a reasonable time, not to exceed seven days, to examine documents to determine whether they comply facially with the terms of the credit. The seven-day provision is not designed as a safe harbor, because the rule requires the issuer to act within a reasonable time. But, by virtue of the deletion of the preclusion rule in the document examination article in UCP500, however, seven days may evolve as something of a safe harbor, especially for banks that engage in strategic behavior. True, under UCP500 banks are supposed to examine documents within a reasonable time, but there are no consequences in UCP500 for a bank's violation of that duty. It is only in the next provision. Courts might read the preclusion more broadly than the literal reading mentioned here or might fashion a common-law preclusion rule that does not require a showing of detriment. Absent that kind of development, the change in the preclusion rule could have adverse effects on the beneficiary. The penalty, strict estoppel or strict preclusion, under UCP500 and 95UCC differs from the classic estoppel. The classic estoppel rule requires a beneficiary to show three elements. 1. conduct on the part of the issuer that leads the beneficiary to believe that nonconforming documents do conform; 2. reasonable reliance by the beneficiary; and 3. detriment from that reliance. But stict preclusion rule needs not detrimental reliance. This strict estoppel rule is quite strict, and some see it as a fitting pro-beneficiary rule to counterbalance the usually pro-issuer rule of strict compliance.

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Literature Review of Key Success Factors of Management Innovation Actions in Domestic - Focused on Six Sigma, TQM, Lean Six Sigma, ERP, TPM, BPR, Project Management, System Engineering - (국내 경영혁신 활동의 핵심 성공요인 문헌 연구 - 6시그마, TQM, 린 6시그마, ERP, TPM, BPR, Project Management, System Engineering 중심으로 -)

  • Mun, JeOk;Yoon, SungPil
    • Journal of Korean Society for Quality Management
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    • v.44 no.3
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    • pp.639-648
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    • 2016
  • Purpose: Existing precedent studies include success factors of individual management innovation activities constantly. However, those studies have limitations about the common key success factors of individual management innovation activities. Methods: For this study, we investigate the key success factors using literature research of the most typical management innovation activities adopted and implemented by many companies in Korea, such as 6sigma, TQM, Lean 6sigma, ERP, TPM, BPR, Project Management, System Engineering. Factors emerging repeatedly was combined into common factors and inherent factors that are necessary for the success of individual management innovation activities are designated to essential factors. Results: 'Essential factors for Six Sigma' consist of 5 items. Black belt operating system, personnel management system linkage, the correct management of the data, perform improvement projects associated with financial performance financial result, linked to financial performance improvement project, project progress management. 'Essential factors of TQM' are arranged 4 items. Quality team's independence and role, goal-setting, Quality Information System, corporate's philosophy of quality first. 'Essential factors of Lean Six Sigma' are the selection of value stream which is based on the customer needs and the value creation and identify the project based on the selected value in the company. 'Essential factors of ERP' are investigated 6 items. Ongoing system maintenance and upgrades, the measurement and support of user satisfaction, the operating systems and the policies for the maintenance, IT infrastructure, change adaption condition monitoring, focusing on improving business performance. 'Essential factors for TPM' are arranged 4 items. Motivated and energetic Bottom-Up, CEO's recognition of the importance facility management, long-term perspective of necessity and ongoing patience. 'Essential factors for BPR' are the pursuit of change process and the staff's sense of crisis management. 'Essential factors for Project Management' are the strategy that reduce the risk management skills through risk management and the understanding and organized management for the project participant's needs. 'Essential factors for System Engineering' consist of 2 items. The first is the design for the best balanced system with pre-analysis about the compromise the cost, schedule and the performance. The second is the analysis of large problem into small problems which can solved. We have found the solution considering components of the interface through the systematic perspective. Conclusion: Common factors and essential factors presented in this study will properly help to introduce the individual management innovation activities for the each business sector and implement management innovation. After this study, new literature research that reflect new studies should accomplish steadily.

Linguistic Theory in India and Panini (인도의 언어이론과 파니니)

  • 김형엽
    • Lingua Humanitatis
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    • v.1 no.2
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    • pp.123-139
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    • 2001
  • In the history of linguistics in the world the scholars in India could be regarded as the representative linguists, who had provided the cornerstone of the academic development at linguistics. Without looking into the contents of Indian linguistic theories devised and developed in the past it would be almost impossible to account for the origin of descriptive linguistics and historical linguistics. These linguistics trends became full-fledged in 19 and 20 century and are still accepted by a lot of researchers in order to analyze newly revealed languages and train students only coming up the toddling level of linguistic studies. In this paper I will show how far the influence of Indian linguistics has colored the flow of linguistic growth historically. Especially through the analysis of Panini grammar I will prove the intimate relationship between the Indian linguistic theory and the generative grammar - it is the most active theory at present. The methods that Panini applied to constitute the rules like sutra include lots of information, that also could be discovered at the rules postulated in the generative grammar. One of the common features found at both linguistic theories is the simplicity of rule representation. At the generative grammar a rule has to be established without any redundancy. When certain number of sounds like p, b, m show the same phonological. change relevant to lips (labial in linguistic term) different rules need not to be given for each sound separately. It is better to find a way of putting the sounds together in a rule with grouping the 3 sounds with the shared phonetic feature 'labial'. In Panini grammar the form of a rule was decided based on the simplicity, too. For example, sutra 6.1.77 shows the phonological connection between the vowels i, u r 1 and the semi-vowels y, v, r, 1. However, it does not require to postulate 4 individual rules respectively. Instead a rule in which the vowels and the semi-vowels are involved is suggested, and linguistically the rule make it clear that the more simpler the rules will be the better they can reflect the efficiency of human language acquisition. Although the systems introduced at Panini grammar have some sense of distance from the language education itself we cannot deny the fact that the grammar formulates the a turning point of linguistic development. It is essential for us to think over the grammar from the view point of the modem linguistic theories to understand their root and trunk more thoroughly. It will also help us to predict in which way linguistic tendency will proceed to in future.

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Hip Range of Motion Estimation using CT-derived 3D Models (CT기반 3차원 모델을 이용한 고관절 운동범위 예측)

  • Lee, Yeon Soo
    • Journal of the Korean Society of Radiology
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    • v.12 no.1
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    • pp.115-122
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    • 2018
  • The success of the total hip arthroplasty is revealed as initial stability, range of motion, and long term pain, etc. Depending upon choice of implantation options such as femoral neck offset, diameter of the femoral head, the lateral opening tilt. Especially the impingement between femoral head component and acetabular cup limits the range of motion of the hip. In this sense, estimation or evaluation of the range of motion before and after the total hip arthroplasty is important. This study provides the details of a computer simulation technique for the hip range of motion of intact hip as well as arthroplasty. The suggested method defines the hip rotation center and rotation axes for flexion and abduction, respectively. The simulation uses CT-based reconstructed 3D models and an STL treating software. The abduction angle of the hip is defined as the superolateral rotation angle from sagittal plane. The flexion angle of the hip is defined as the superoanterior angle from the coronal plane. The maximum abduction angle is found as the maximum rotation angle by which the femoral head can rotate superolaterally about the anterior-posterior axis without impingement. The maximum flexion angle is found as the maximum rotation angle by which the femoral head can rotate superoanteriorly about the medial-lateral axis without impingement. Compared to the normal hip, the total hip replacement hip showed decreased abduction by 60 degrees and decreased flexion by 4 degrees. This measured value implies that the proposed measurement technique can make surgeons find a modification of increase in the femoral neck offset or femoral head, to secure larger range of motion.

Dynamic Control Allocation for Shaping Spacecraft Attitude Control Command

  • Choi, Yoon-Hyuk;Bang, Hyo-Choong
    • International Journal of Aeronautical and Space Sciences
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    • v.8 no.1
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    • pp.10-20
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    • 2007
  • For spacecraft attitude control, reaction wheel (RW) steering laws with more than three wheels for three-axis attitude control can be derived by using a control allocation (CA) approach.1-2 The CA technique deals with a problem of distributing a given control demand to available sets of actuators.3-4 There are many references for CA with applications to aerospace systems. For spacecraft, the control torque command for three body-fixed reference frames can be constructed by a combination of multiple wheels, usually four-wheel pyramid sets. Multi-wheel configurations can be exploited to satisfy a body-axis control torque requirement while satisfying objectives such as minimum control energy.1-2 In general, the reaction wheel steering laws determine required torque command for each wheel in the form of matrix pseudo-inverse. In general, the attitude control command is generated in the form of a feedback control. The spacecraft body angular rate measured by gyros is used to estimate angular displacement also.⁵ Combination of the body angular rate and attitude parameters such as quaternion and MRPs(Modified Rodrigues Parameters) is typically used in synthesizing the control command which should be produced by RWs.¹ The attitude sensor signals are usually corrupted by noise; gyros tend to contain errors such as drift and random noise. The attitude determination system can estimate such errors, and provide best true signals for feedback control.⁶ Even if the attitude determination system, for instance, sophisticated algorithm such as the EKF(Extended Kalman Filter) algorithm⁶, can eliminate the errors efficiently, it is quite probable that the control command still contains noise sources. The noise and/or other high frequency components in the control command would cause the wheel speed to change in an undesirable manner. The closed-loop system, governed by the feedback control law, is also directly affected by the noise due to imperfect sensor characteristics. The noise components in the sensor signal should be mitigated so that the control command is isolated from the noise effect. This can be done by adding a filter to the sensor output or preventing rapid change in the control command. Dynamic control allocation(DCA), recently studied by Härkegård, is to distribute the control command in the sense of dynamics⁴: the allocation is made over a certain time interval, not a fixed time instant. The dynamic behavior of the control command is taken into account in the course of distributing the control command. Not only the control command requirement, but also variation of the control command over a sampling interval is included in the performance criterion to be optimized. The result is a control command in the form of a finite difference equation over the given time interval.⁴ It results in a filter dynamics by taking the previous control command into account for the synthesis of current control command. Stability of the proposed dynamic control allocation (CA) approach was proved to ensure the control command is bounded at the steady-state. In this study, we extended the results presented in Ref. 4 by adding a two-step dynamic CA term in deriving the control allocation law. Also, the strict equality constraint, between the virtual and actual control inputs, is relaxed in order to construct control command with a smooth profile. The proposed DCA technique is applied to a spacecraft attitude control problem. The sensor noise and/or irregular signals, which are existent in most of spacecraft attitude sensors, can be handled effectively by the proposed approach.

Effects of Saccharin Intake on Hippocampal and Cortical Plasticity in Juvenile and Adolescent Rats

  • Park, Jong-Sil;Yoo, Sang-Bae;Kim, Jin-Young;Lee, Sung-Joong;Oh, Seog-Bae;Kim, Joong-Soo;Lee, Jong-Ho;Park, Kyung-Pyo;Jahng, Jeong-Won;Choi, Se-Young
    • The Korean Journal of Physiology and Pharmacology
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    • v.14 no.2
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    • pp.113-118
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    • 2010
  • The sensory system is developed and optimized by experiences given in the early phase of life in association with other regions of the nervous system. To date, many studies have revealed that deprivation of specific sensory experiences can modify the structure and function of the central nervous system; however, the effects of sensory overload remains unclear. Here we studied the effect of overloading the taste sense in the early period of life on the synaptic plasticity of rat hippocampus and somatosensory cortex. We prepared male and female Sprague Dawley rats with ad libitum access to a 0.1% saccharin solution for 2 hrs per day for three weeks after weaning on postnatal day 22. Saccharin consumption was slightly increased in males compared with females; however, saccharin intake did not affect chow intake or weight gain either in male or in female rats. We examined the effect of saccharin-intake on long term potentiation (LTP) formation in hippocampal Schaffer collateral pathway and somatosensory cortex layer IV - II/III pathways in the 6-week old saccharin-fed rats. There was no significant difference in LTP formation in the hippocampus between the control group and saccharin-treated group in both male and female rats. Also in the somatosensory cortex, we did not see a significant difference in LTP among the groups. Therefore, we conclude that saccharin-intake during 3~6 weeks may not affect the development of physiological function of the cortical and hippocampal synapses in rats.

A Case Study of Improving Instruction by Utilizing Online Instruction Diagnosis Item Pool

  • SHIM, Mi-Ja
    • Educational Technology International
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    • v.6 no.2
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    • pp.23-41
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    • 2005
  • One of the main factors that determine the quality of instruction is the teaching ability of the instructor administering the class. To evaluate teaching ability, methods such as peer review, student feedback, and teaching portfolio can be used. Among these, because feedback from the students is directly associated with how well the students feel they have learned, it is essential to improving instruction and teaching ability. The principal aim of instruction evaluation lies in the evaluation of instructor's qualification and the improvement of instruction quality by enhancing professionalism. However, the mandatory instruction evaluations currently being carried out at the term's end in universities today have limitations in improving instruction in terms of its evaluation items and times. To improve the quality of instruction and raise teaching abilities, instruction evaluations should not stop at simply being carried out but also be utilized as useful data for students and teachers. In other words, they need to be used to develop teaching and improve instruction for teachers, and consequently, should also exert a positive influence on students' scholastic achievements and learning ability. The most important thing in evaluation is the acquisition of accurate information and how to utilize it to improve instruction. The online instruction diagnosis item pool is a more realistic feedback device developed to improve instruction quality. The instruction diagnosis item pool is a cafeteria-like collection of hundreds of feedback questions provided to enable instructors to diagnose their instruction through self-diagnosis or students' feedback, and the instructors can directly select the questions that are appropriate to the special characteristics of their instruction voluntarily make use of them whenever they are needed. The current study, in order to find out if the online instruction diagnosis item pool is truly useful in reforming and improving instruction, conducted pre and post tests using 256 undergraduate students from Y university as subjects, and studied the effects of student feedback on instructions. Results showed that the implementation of instruction diagnosis improved students' responsibility regarding their classes, and students had positive opinions regarding the usefulness of online instruction diagnosis item pool in instruction evaluation. Also, after instruction diagnosis, analyzing the results through consultations with education development specialists, and then establishing and carrying out instruction reforms were shown to be more effective. In order to utilize the instruction diagnostic system more effectively, from planning the execution of instruction diagnosis to analyzing the results, consulting, and deciding how those results could be utilized to instruction, a systematic strategy is needed. In addition, professors and students need to develop a more active sense of ownership in order to elevate the level of their instruction.

Effects of Dessert Cafes' Quality and Eco-Friendly Behavior on Customer Trust and Loyalty - Focused on Generation MZ (디저트카페 품질과 친환경 행동이 고객 신뢰와 충성도에 미치는 영향 : MZ 세대를 중심으로)

  • LEE, Sae-Mi;PARK, Sang-Eon;LEE, Debor
    • The Korean Journal of Franchise Management
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    • v.13 no.1
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    • pp.47-57
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    • 2022
  • Purpose: Recently, it is common to see cases where an amount similar to the cost of a meal is spent on dessert, or an amount greater than the cost of a meal is spent on dessert. The generation MZ is showing a tendency of 'value consumption' by consuming values and beliefs in consideration of the recent impact on society and the environment. Therefore, this study aims to analyze the effect of dessert cafe quality and eco-friendly behavior on customer trust and loyalty targeting the generation MZ who have visited desert cafés. This study examined the mediating role of customer trust in the relationships between desert café quality, eco-friendly behavior and customer loyalty, and also the moderating effect of and eco-friendly behavior on customer trust and customer loyalty. Research design, data, and methodology: To achieve purposes of this study, 229 data were collected from respondents who visited desert café and analyzed using measurement model (reliability test and correlation analysis), Fornell-Larcker Criterion and Heterotrait-Monotrait Ratio (HTMT) assessment, and structural equation model (PLS-SEM) with SPSS 22.0 and SmartPLS 3.3.7. Results: The research results are as follows. First, desert cafes' quality positively influenced customer trust but did not customer loyalty. Second, desert cafes' eco-friendly behavior positively influenced customer trust and customer loyalty. Fourth, the interaction term of dessert cafe quality and eco-friendly behavior did not influence customer trust and customer loyalty. Conclusions: This study emphasized the necessity of service quality and eco-friendly behavior of dessert cafes by examining the relationship between the quality of dessert cafes and eco-friendly behaviors, customer trust and loyalty. It also found the importance of the role of trust in securing loyal customers. In order to secure and retain loyal customers, the owners of dessert cafes should make effortsto improve the quality of the cafes' products and services so that customers can feel a sense of trust, and actively publicize that they are practicing eco-friendly management. As a result of this study, it is intended to provide practical implications for the management of dessert cafes by understand ing the effects of product and service quality and eco-friendly behaviors of companies to bakery industry workers and start-ups.

The necessary & method of scrotoplasty in female to male transgender (여성에서 남성으로의 성전환증에서 음낭성형술의 필요성과 방법)

  • Kim, Seok-Kwun;Moon, In-Sun;Kwon, Yong-Seok;Lee, Keun-Cheol
    • Archives of Plastic Surgery
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    • v.36 no.4
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    • pp.437-444
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    • 2009
  • Purpose: Transgender is a disorder of gender identity, who have appropriate chromosomal, hormonal and anatomical characteristics corresponding to their sexual phenotype but feel strongly with respect to their sexual identity, that they belong to the opposite sex. There is a persistence discomfort and sense of inappropriateness about one's assigned sex in a person who has reached puberty. Transgender is a psychiatric problem, but surgical method provides more satisfactory adjustment for patients. In gender reassignment surgery for female to male transgender, mastectomy, nipple reduction, hysterectomy, oophorectomy and phalloplasty are included. And as the final operation, recommended for scrotoplasty and artificial testes insertion. So we investigated the necessity and method of scrotoplasty in the final operation of female to male transgender. Method: The authors have long term follow-up of 75 cases female to male transgender during January, 1991 to February, 2008. Among them, 13 cases were evaluated in this study. During phalloplasty, the labium major skin preserved. And this labium majoral skin flap was made for the neoscrotum. At least six months later, artificial testes were inserted in neoscrotum with local anesthesia. Middle sized (3 cm diameter) artificial testes(silicon gel or carving soft silicone implant) were used because of the limitation of the neoscrotum. We evaluated the questionnaire and interview about the postoperative satisfaction in configuration of reconstructed scrotum, and the necessity of operation, the postoperative psychosocioeconomic improvement and limitation of body exposure activities such as swimming, public bathing. Results: Based on this study, satisfaction of reconstructed scrotum after scrotoplasty was improved(92%). The necessity of scrotoplasty was in 92.3% and the postoperative psychosocioeconomic well - being improvement was 77% in answers. Less limitation of activities requiring body exposure was 54% in answers. Most of the patients were satisfied with the results of surgical operation inspite of the operative procedure had some postoperative complications. Conclusion: This study was reported that the scrotoplasty in female to male transgender is not only a conversion of external genitalia but also an improvement of psychosocial state. Most patients sincerely hope to this operation, so we improve our surgical method for more good results.

An Information Gifted Characteristic Based on Alan Turing's Biography (앨런 튜링의 전기로 본 정보 영재성)

  • Park, Jieun;Kim, Kapsu
    • Journal of The Korean Association of Information Education
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    • v.20 no.4
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    • pp.375-386
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    • 2016
  • Research of information gifted analysis through the adult gifted electrical of information field is not nearly done. Therefore, there is a need for a study to analyze the information gifted property through the life of adult talent. In the present study, the 'Alan Turing' who left the achievements in the field of information was chosen to study. And analyzed the biographies of Alan Turing in the content analysis method was used to derive the factor of information gifted property. As a result, it was found that it contain twelve factors to information gifted of the two regions of Alan Turing. The information special education for extending the gifted of information that is exposed in various forms, there is a need to provide a curriculum that can extend the capabilities of mathematics and science education methods, long-term and multilateral it is necessary to determine the tools and good sense of the information talent teacher that can be to determine the information gifted. Based on this understanding, in future studies, to determine the elementary school information gifted, various information gifted either present were present as may be a substantial aid targeting a map information gifted of the factor analysis, there is a need to be sustained process of information gifted expression of adult information gifted in the direction of a more systematic analysis.