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The meaning of the place of arbitration on the international commercial arbitration (국제상사중재에 있어서 중재지의 의미)

  • O, Seog-Ung
    • Journal of Arbitration Studies
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    • v.18 no.3
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    • pp.3-22
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    • 2008
  • The purpose of this article is to make research on the meaning and function of the place of arbitration for, the international commercial arbitration. For this purpose is to analyse regal issue the meaning and function of the place of arbitration on the international commercial arbitration relating to the arbitration law and the recognition and enforcement of foreign arbitral awards. In this Article is dealt with Art. 2 para. 1 of the Korean Arbitration Act(KAA). The KAA corresponds with the connection to the place of arbitration, the internationally prevailing 'the principle of territoriality'. The place of arbitration is therefore great practical relevance, as there is not only the existing legal supplements on the arbitration procedure applies, but also in the state courts rule for the support and control of the tribunal are responsible. In this context, this article first intends the importance of the place of arbitration for determination of the applicable procedural law. Secondly, this article intends the importance of the place of arbitration for the recognition and enforcement of foreign arbitral awards under "the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards(New York Convention)". In conclusion, this article stresses, that the place of arbitration setting under Article 21 para. 1 KAA determine not only the applicable arbitration law, but also the jurisdiction of state courts in lawsuit for repeal of arbitration and qualification as a domestic or foreign arbitration award.

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A Critical Study on Buyer's Remedy Articles under the CISG (CISG에서 매수인구제조항(買受人救濟條項)에 관한 비판적(批判的) 연구(硏究))

  • Park, Sang-Gi
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.39-64
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    • 1999
  • Under the CISG, there is a unequitable factor in comparing buyer's remedy with seller's remedy. In my opinion, CISG is more unequitable remedy clause than UCC or UNIDROIT principle of International Commercial Contract(1994) between seller and buyer. First, buyer who accepted defect goods must give seller notice the facts that seller delivered defect goods in two years after accepting defect goods. The cap of two year is unreasonable in a position of aggrieved buyer. This is being provided as 'within reasonable time' in UCC and there is no such provision in UNIDROIT Principle. Second, Buyer can avoid contract when seller breached fundamentally contract or seller didn't set a additional performance period about breaching of contract. Accordingly if buyer would not set a additional performance period, although seller's breachment of contract, he could not avoid the contract. Therefore, From a viewpoint of aggrieved buyer avoidable right of contract is restrainted. Third, to compare seller's remedy with buyer's, seller have more opportunity to cure breachment of contract than buyer. Under the CISG buyer is relatively placed at disadvantage in remedy of aggrieved party. In connection with remedy of aggrieved party, 'UNIDROIT principle of international commercial contracts' instead seller and buyer of aggrieved party, so there is not unequitable factor in remedy of aggrieved parties.

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Kim Gwangjin's Integration of Medicine and Innovation of Traditional Medicine - Centering on the principle of Up and Down in Medicine - (대구 의생 김광진의 동서의학 절충 그리고 한의학 혁신 - 『의학승강법』을 중심으로 -)

  • Oh, Chaekun
    • Journal of Korean Medical classics
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    • v.29 no.2
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    • pp.91-119
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    • 2016
  • Objectives : In this paper, the main objective is to analyze and evaluate Kim Gwangjin(金光鎭, 1885-1940)'s academical achievements of integration of eastern with western medicine and innovation of traditional medicine(TM, 漢醫). Methods : This paper is composed of two parts. First, analyzing Kim's medical book, the principle of Up and Down in Medicine(醫學升降法) by the way of text analysis and interpretation faithfully. Second, adding historical perspectives about his achievements. Results : Kim opened a clinic and practiced TM in Daegu, a city of Youngnam(嶺南) area of Korea, in 1924, and published the book in 1936. While Kim acknowledged the scientific results by western medicine and criticized the typical explanation of five viscera or qi circuits of TM, he clarified the treatment range for TM and provided his own interpretations of pathophysiology through the ups and downs of qi, without conflicting between western medicine and TM. Moreover, he critically follows the TM discourses of the most noted practitioner, Lee Gyoojoon(李圭晙), in the Youngnam area of the time. Conclusions : In the 1930s, although western medicine has become the new core orientation and has forced out TM to the districts, within the abyss of the districts, TM still maintained its strong presence.

Proof of the Variability Propagation Principle in a Pull Serial Line : Existence and Measurement (풀흐름라인에서 변동성전파원리에 대한 증명 : 존재와 측정)

  • Choe, Sang-Woong
    • Journal of the Korean Operations Research and Management Science Society
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    • v.27 no.4
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    • pp.185-205
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    • 2002
  • In this study, we consider infinite supply of raw materials and backlogged demands as given two boundary conditions. And we need not make any specific assumptions about the inter-arrival of external demand and service time distributions. Under these situations, the ultimate objective of this study is to prove the variability propagation principle in a pull serial line and is to measure it in terms of the first two moments of the inter-departure process subject to number of cards in each cell. Two preparations are required to achieve this objective : The one is to derive a true lower bound of variance of the inter-departure process. The other is to establish a constrained discrete minimax problem for the no backorder (backlogging) probabilities in each cell. We may get some fundamental results necessary to a completion for the proof through the necessary and sufficient conditions for existence of optimal solution of a constrained discrete minimax problem and the implicit function theorem. finally, we propose a numeric model to measure the variability propagation principle. Numeric examples show the validity and applicability of our study.

Stochastic optimal control of coupled structures

  • Ying, Z.G.;Ni, Y.Q.;Ko, J.M.
    • Structural Engineering and Mechanics
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    • v.15 no.6
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    • pp.669-683
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    • 2003
  • The stochastic optimal nonlinear control of coupled adjacent building structures is studied based on the stochastic dynamical programming principle and the stochastic averaging method. The coupled structures with control devices under random seismic excitation are first condensed to form a reduced-order structural model for the control analysis. The stochastic averaging method is applied to the reduced model to yield stochastic differential equations for structural modal energies as controlled diffusion processes. Then a dynamical programming equation for the energy processes is established based on the stochastic dynamical programming principle, and solved to determine the optimal nonlinear control law. The seismic response mitigation of the coupled structures is achieved through the structural energy control and the dimension of the optimal control problem is reduced. The seismic excitation spectrum is taken into account according to the stochastic dynamical programming principle. Finally, the nonlinear controlled structural response is predicted by using the stochastic averaging method and compared with the uncontrolled structural response to evaluate the control efficacy. Numerical results are given to demonstrate the response mitigation capabilities of the proposed stochastic optimal control method for coupled adjacent building structures.

Visual Weight of Interface Design (인터페이스 디자인의 시각적 무게)

  • Park, Chan-Ik
    • Journal of Digital Convergence
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    • v.17 no.12
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    • pp.461-466
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    • 2019
  • In this study, we found that the design can be configured according to the visual weight in the design of the interface. First of all, interface design has gone through the era of squeeze morphism to express depth and dimension by borrowing part of material design or head design from flat design. This is due to the characteristics of metro UI and flat design, which are difficult to express depth and dimension, but in material design, there was no separate device for inducing eyes, so Gestalt theory showed the principle of visual weight. Positive and negative, the size and placement of regions, proximity, closure, and notion were closely related to visual weight and orientation, and in some cases, it could be applied to the interface.

Guided Reinvention of Euler Algorithm: -An Analysis of Progressive Mathematization in RME-Based Differential Equations Course- (오일러 알고리즘의 안내된 재 발명 -RME 기반 미분 방정식 수업에서 점진적 수학화 과정 분석-)

  • 권오남;주미경;김영신
    • The Mathematical Education
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    • v.42 no.3
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    • pp.387-402
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    • 2003
  • Realistic Mathematics Education (RME) focuses on guided reinvention through which students explore experientially realistic context problems to develop informal problem solving strategies and solutions. This research applied this philosophy of RME to design a differential equation course at a university level. In particular, the course encouraged the students of the course to use numerical methods to solve differential equations. In this context, the purpose of this research was to describe the developmental process in which the students constructed and reinvented Euler algorithm in the class. For the purpose, this paper will present the didactical principle of RME and describe the process of developmental research to investigate the inferential process of students in solving the first order differential equation numerically. Finally, the qualitative analysis of the students' reasoning and use of symbols reveals how the students reinvent Euler algorithm under the didactical principle of guided reinvention. In this research, it has been found that the students developed deep understanding of Euler algorithm in the class. Moreover, it has been shown that the experience of doing mathematics in the course had a positive impact on students' mathematical belief and attitude. These findings imply that the didactical principle of RME can be applied to design university mathematical courses and in general, provide a perspective on how to reform mathematics curriculum at a university level.

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Elderly Needs Assessment for ICT-based Elderly House Remodeling by applying Kinetic Principle (키네틱 원리를 적용한 ICT 기반 고령친화 주거 리모델링 요구조사)

  • Lee, Jin-Kyoung;Moon, Jung-In
    • Journal of the Architectural Institute of Korea Planning & Design
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    • v.35 no.7
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    • pp.25-32
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    • 2019
  • The purpose of the study is to survey the needs of the elderly for ICT-based Elderly Home Remodeling by Applying Kinetic Principle. This is conducted for elderly people over 60 years old living in Seoul and Gangreung district. The study is performed by the following approaches: First, This study is based on 'the Elements of Planning for ICT-based elderly Home Remodeling by applying Kinetic Principle'(Lee 2018). Second, the needs survey for house remodeling was conducted for elderly. Finally, To analyze the required characteristics of the elderly for remodeling by using SPSS statistics 25 analysis program. The conclusion of this study is as follows. Priority elements for house remodeling should be provided to ensure the safety of the elderly through emergency call buttons, glucometer, pressure-measuring gauge, weighing instruments, and warning devices. Kinetic principles should be applied to make minimal structural changes, as easy as possible remodeling, and devices should be designed to be easy to operate.

High-accuracy quantitative principle of a new compact digital PCR equipment: Lab On An Array

  • Lee, Haeun;Lee, Cherl-Joon;Kim, Dong Hee;Cho, Chun-Sung;Shin, Wonseok;Han, Kyudong
    • Genomics & Informatics
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    • v.19 no.3
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    • pp.34.1-34.6
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    • 2021
  • Digital PCR (dPCR) is the third-generation PCR that enables real-time absolute quantification without reference materials. Recently, global diagnosis companies have developed new dPCR equipment. In line with the development, the Lab On An Array (LOAA) dPCR analyzer (Optolane) was launched last year. The LOAA dPCR is a semiconductor chip-based separation PCR type equipment. The LOAA dPCR includes Micro Electro Mechanical System that can be injected by partitioning the target gene into 56 to 20,000 wells. The amount of target gene per wells is digitized to 0 or 1 as the number of well gradually increases to 20,000 wells because its principle follows Poisson distribution, which allows the LOAA dPCR to perform precise absolute quantification. LOAA determined region of interest first prior to dPCR operation. To exclude invalid wells for the quantification, the LOAA dPCR has applied various filtering methods using brightness, slope, baseline, and noise filters. As the coronavirus disease 2019 has now spread around the world, needs for diagnostic equipment of point of care testing (POCT) are increasing. The LOAA dPCR is expected to be suitable for POCT diagnosis due to its compact size and high accuracy. Here, we describe the quantitative principle of the LOAA dPCR and suggest that it can be applied to various fields.

A Study on Problems and Improvement Measures for Juvenile Protection Cases (소년보호사건의 처리상의 문제점과 개선방안)

  • Kang, Soo-Hwan
    • The Journal of the Korea Contents Association
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    • v.20 no.11
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    • pp.323-332
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    • 2020
  • The current juvenile law has to be improved in the following respects: First, there is no clear and objective basis for the process divided into criminal and protective dispositions. Second, the spirit of legislation to protect the boy is understandable, but when reviewing the application process of the juvenile law to actual juvenile crimes, it is hard to find such spirit. Third, in dealing with juvenile protection cases, the outcome and process of disposal should be reflected in the boy's protection ideology. Finally, efforts should be made to shorten the processing period of the case, curb the transfer of violent criminals to juvenile detention center, and integrate the latter part of the first and sixth disposition.