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A Study on the Applicability of Strict Compliance of the Documents on the Contract for the International Sale of Goods (국제물품매매계약에서의 교부서류에 대한 엄격일치원칙의 적용가능성 연구)

  • Park, Nam-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.51
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    • pp.187-210
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    • 2011
  • International transactions have the threat of non-payment by the buyer or non-performance by the seller. Parties tend to search for additional means of securing performance and payment beyond the mere agreement in the contract. Such security may be achieved by means of a letter of credit. When contracting parties have agreed to pay by means of a letter of credit, the buyer's bank takes upon itself the obligation to pay the purchase price when the seller tenders the documents that are stipulated in the letter of credit. The documents must comply strictly with the terms of the credit.. The documents play a crucial role in letter of credit transaction. The principles of abstraction, separability and strict compliance governing the letter of credit transaction are considered. The concept of fundamental breach of Article 25 CISG was discussed. This article examines whether a failure to deliver documents conforming to the terms of the letter of credit can constitute a fundamental breach of the sales contract as defined by Article 25 of the CISG by the seller and thereby enable the buyer to avoid the contract. For letter of credit transactions it should be accepted that the delivery of non-performing documents constitutes a fundamental breach, if the result of this breach is that the bank refuses to pay the price for the goods. On the other hand, in the interpretation of Article 25 CISG, it should be noted that if the parties have agreed to payment by means of a letter of credit, they have simultaneously agreed to apply the strict compliance principle to the delivery of documents in the sales contract. Finally the parties should ensure that inconsistency between the requirements under the documentary credit and the requirements under the contract of sale is avoided, since the buyer may be in breach of his payment obligation if the seller cannot get paid under the documentary credit when his documents conform with the contract of sale.

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Cost Effective Analysis of Recall Methods for Cervical Cancer Screening in Selangor - Results from a Prospective Randomized Controlled Trial

  • Abdul Rashid, Rima Marhayu;Ramli, Sophia;John, Jennifer;Dahlui, Maznah
    • Asian Pacific Journal of Cancer Prevention
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    • v.15 no.13
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    • pp.5143-5147
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    • 2014
  • Cervical cancer screening in Malaysia is by opportunistic Pap smear which contributes to the low uptake rate. To overcome this, a pilot project called the SIPPS program (translated as information system of Pap smear program) had been introduced whereby women aged 20-65 years old are invited for Pap smear and receive recall to repeat the test. This study aimed at determining which recall method is most cost-effective in getting women to repeat Pap smear. A randomised control trial was conducted where one thousand women were recalled for repeat smear either by registered letter, phone messages, phone call or the usual postal letter. The total cost applied for cost-effectiveness analysis includes the cost of sending letter for first invitation, cost of the recall method and cost of two Pap smears. Cost-effective analysis (CEA) of Pap smear uptake by each recall method was then performed. The uptake of Pap smear by postal letter, registered letters, SMS and phone calls were 18.8%, 20.0%, 21.6% and 34.4%, respectively (p<0.05). The CER for the recall method was lowest by phone call compared to other interventions; RM 69.18 (SD RM 0.14) compared to RM 106.53 (SD RM 0.13), RM 134.02 (SD RM 0.15) and RM 136.38 (SD RM 0.11) for SMS, registered letter and letter, respectively. ICER showed that it is most cost saving if the usual method of recall by postal letter be changed to recall by phone call. The possibility of letter as a recall for repeat Pap smear to reach the women is higher compared to sending SMS or making phone call. However, getting women to do repeat Pap smear is better with phone call which allows direct communication. Despite the high cost of the phone call as a recall method for repeat Pap smear, it is the most cost-effective method compared to others.

A Study on the Transfer of Letter of Credit in the UCP600 - Focusing on Comparing with Transfer of drawing rights in the ISP98 - (신용장통일규칙(UCP600)상 양도에 관한 연구 - 보증신용장통일규칙(ISP98)과의 비교를 중심으로 -)

  • Park, Se-Hoon;Choi, Young-Joo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.53
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    • pp.75-97
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    • 2012
  • This study primarily concerns the transfer of letter of credit. A transferable credit is a credit that clearly specifies it is 'transferable' and may be made available in whole or in part to second beneficiary by the request of the first beneficiary. the transfer of the credit is available where the seller as a middleman in intermediate trades purchases from domestic and international supplier. The purpose of this study is to examine the transfer of letter of credit in the UCP600. Having recognized the differences, the study analyzes the transfer of letter of credit under the UCP600 in comparison to those under the ISP98. The ISP98, like the UCP600, stipulates for the requirement of transfer, the number of transfer, conditions of transfer, the replacement of the name of first beneficiary.

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A Study on the Liabilities of Wrongful Dishonor of the Issuing Bank in UCC (미국 UCC상 신용장 발행은행의 부당한 지급불이행의 책임에 관한 연구)

  • Bae, Jung-Han
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.22
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    • pp.71-106
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    • 2004
  • Todays, L/C transactions in international trade are governed by UCP 500 and eUCP. But UCP 500 and eUCP do not cover all legal problem of L/C transactions. Therefore choice of laws in international L/C transactions are occurred. U.S.A. has an enacted law (UCC ${\S}5-Letter$ of Credit) to govern L/C transaction. But other countries has no special enacted law to govern L/C transaction. The reason is that there are difference between legal attitude of U.S.A. and other countries. American law considers L/C as a special device made by merchants. Therefore U.S.A. applies UCC ${\S}5-Letter$ of Credit instead of general contract law. UCC ${\S}5-Letter$ of Credit includes provisions of warranties, remedies, and so on that UCP 500 and eUCP do not include. But the liabilities of the Issuing Bank on the wrongful dishonor in L/C transaction is very important legal problem. First, this study is to justify concepts of honor and dishonor, and sufficient conditions for dishonor of the issuing bank. in UCC. Second, this study is to examine closely the liabilities of the Issuing Bank on the wrongful dishonor in L/C transaction. Third, this study is suggest distinctive features on the Liabilities to wrongful dishonor of the issuing bank in UCC ${\S}5-Letter$ of Credit and our trader's matters to be attended to L/C transactions governed by UCC.

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A Study on Non-documentary Condition in L/C Transactions (신용장상 서류비지정조건의 취급에 관한 소고)

  • Kim, Ki-Sun;Kim, Young-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.42
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    • pp.109-132
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    • 2009
  • The purpose of the introduction of this article is as follows. It was frequent to put a condition on the letter of credit without stating corresponding document. But these attempts are very dangerous to the letter of credit operation. That is, if these types of conditions would be permitted in letter of credit, the independence principle must be collapsed. So these conditions must be disregarded in order to safeguard the independence principle. It is why UCP600 article 14(h) writes that if a Credit contains a condition without stating the document(s) to be presented in compliance therewith, banks will deem such conditions as not stated and will disregard it. But scope of this article 14 should not be limited by the conditions which do not state the document to be presented in compliance therewith. That is, the purpose of this article is to preserve the independence principle, so, if it is impossible to ascertain satisfaction with a condition, it should be disregarded as the non-documentary condition, even if the condition is included in the letter of credit together with document to be presented. Conclusively, whether or not a condition would be regarded as the non documentary condition depends on whether compliance of such condition is ascertained by presented documents stipulated in the letter of credit.

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Phonological Activation in Multi-syllabic Word Recognition (다음절 단어재인에 있어서 음운적 활성화)

  • Lee, Chang-H.;Nam, Ki-Chun
    • Annual Conference on Human and Language Technology
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    • 2004.10d
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    • pp.225-228
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    • 2004
  • English has words that have a silent letter in their letter strings (e.g., knowledge). Such words provide an opportunity of investigating the role of phonological information in multi-syllabic words by comparing them to words that do not have the silent letter in the corresponding position (e.g., available). Stimuli that excluded a silent letter (e.g., _nowledge) were processed faster than those that excluded a sounding letter (e.g., _vailable) in the lexical decision task. The evidence from this experiment provides seminal evidence of phonological recoding in multi-syllabic word recognition

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Hunminjeongeum Phonetics (II): Phonetic and Phoniatric Consideration for Explanation of Designs of Initial and Final Consonant Letters (훈민정음 음성학(II): 초성, 종성(닿소리) 제자해에 대한 음성언어의학적 고찰)

  • Choi, Hong-Shik
    • Journal of the Korean Society of Laryngology, Phoniatrics and Logopedics
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    • v.33 no.2
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    • pp.83-88
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    • 2022
  • Hunminjeongeum had 17 initial consonant letters. Among them, five consonant letters, those are ㄱ (牙音, molar sound letter), ㄴ (舌音, lingual sound letter), ㅁ(脣音, labial sound letter), ㅅ (齒音, dental sound letter), ㅇ (喉音, guttural sound letter), were served as chief consonants. There was no argument that consonant letters were made by symbolizing the shape of vocal organs during phonation of them. It could be phoniatrically explained that all of five chief consonants were morphologically symbolized from left lateral view of vocal tract during articulation. Although 'ㄱ' was known as molar sound, it was not modeled the shape of molar tooth but modeled the shape of tongue at molar teeth bearing area. The same principle applies to 'ㅅ', and it was represented the shape of upper surface of anterior tongue instead of incisor teeth. 'ㄴ' was a lingual sound and directly shaped the shape of tongue. 'ㄷ' was made by addition of a stroke 'ㅡ' meaning hard palate above 'ㄴ'. 'ㅁ' was represented the shape of lateral view of anterior mouth. 'ㅇ' was looked like shaping left lateral view of laryngopharyngeal space.

Analysis on the Use of Picture and Letter Used in the Books of English Vocabulary for Children (아동영문어휘책에 제시된 그림과 문자의 사용에 대한 분석)

  • Lee, Mi-Young
    • The Journal of the Korea Contents Association
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    • v.14 no.1
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    • pp.150-157
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    • 2014
  • This thesis intends to grasp the degree of utilization of visual images by understanding the relational properties between picture and letter and considering the children as users, through the analysis of currently published books of English vocabulary for children. Accordingly, the types of picture used in the books of English vocabulary for children, the degree of utilization of picture, combination types of picture and letter, and semantic consistency of picture and letter are reviewed. As a result of analysis, the degree of utilization of picture is high in general, in order of illustration, cartoon, and the mix of illustration and cartoon. In the combination form of picture and letter, the degree of utilization appears in order of picture plus vocabulary, letters without illustration, and pictorial symbol. In particular, the higher semantic consistency of picture and letter, it is effective in learning, however, semantic consistency is low, generally. Pictorial symbol type shows the frequency of the highest combination type in the five groups of higher semantic consistency. In conclusion, the presented types of picture and letter, shown in the currently published books of English vocabulary for children, are similar types by the publishing companies, thus, effective design research should be required based on diverse levels of children.

Is the Phone Call the Most Effective Method for Recall in Cervical Cancer Screening? - Results from a Randomised Control Trial

  • Rashid, Rima Marhayu Abdul;Mohamed, Majdah;Hamid, Zaleha Abdul;Dahlui, Maznah
    • Asian Pacific Journal of Cancer Prevention
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    • v.14 no.10
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    • pp.5901-5904
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    • 2013
  • Objective: To compare the effectiveness of different methods of recall for repeat Pap smear among women who had normal smears in the previous screening. Design: Prospective randomized controlled study. Setting: All community clinics in Klang under the Ministry of Health Malaysia. Participants: Women of Klang who attended cervical screening and had a normal Pap smear in the previous year, and were due for a repeat smear were recruited and randomly assigned to four different methods of recall for repeat smear. Intervention: The recall methods given to the women to remind them for a repeat smear were either by postal letter, registered letter, short message by phone (SMS) or phone call. Main Outcome Measures: Number and percentage of women who responded to the recall within 8 weeks after they had received the recall, irrespective whether they had Pap test conducted. Also the numbers of women in each recall method that came for repeat Pap smear. Results: The rates of recall messages reaching the women when using letter, registered letter, SMS and phone calls were 79%, 87%, 66% and 68%, respectively. However, the positive responses to recall by letter, registered letter, phone messages and telephone call were 23.9%, 23.0%, 32.9% and 50.9%, respectively (p<0.05). Furthermore, more women who received recall by phone call had been screened (p<0.05) compared to those who received recall by postal letter (OR=2.38, CI=1.56-3.62). Conclusion: Both the usual way of sending letters and registered letters had higher chances of reaching patients compared to using phone either for sending messages or calling. The response to the recall method and uptake of repeat smear, however, were highest via phone call, indicating the importance of direct communication.

Korean first graders' word decoding skills, phonological awareness, rapid automatized naming, and letter knowledge with/without developmental dyslexia (초등 1학년 발달성 난독 아동의 낱말 해독, 음운인식, 빠른 이름대기, 자소 지식)

  • Yang, Yuna;Pae, Soyeong
    • Phonetics and Speech Sciences
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    • v.10 no.2
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    • pp.51-60
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    • 2018
  • This study aims to compare the word decoding skills, phonological awareness (PA), rapid automatized naming (RAN) skills, and letter knowledge of first graders with developmental dyslexia (DD) and those who were typically developing (TD). Eighteen children with DD and eighteen TD children, matched by nonverbal intelligence and discourse ability, participated in the study. Word decoding of Korean language-based reading assessment(Pae et al., 2015) was conducted. Phoneme-grapheme correspondent words were analyzed according to whether the word has meaning, whether the syllable has a final consonant, and the position of the grapheme in the syllable. Letter knowledge asked about the names and sounds of 12 consonants and 6 vowels. The children's PA of word, syllable, body-coda, and phoneme blending was tested. Object and letter RAN was measured in seconds. The decoding difficulty of non-words was more noticeable in the DD group than in the TD one. The TD children read the syllable initial and syllable final position with 99% correctness. Children with DD read with 80% and 82% correctness, respectively. In addition, the DD group had more difficulty in decoding words with two patchims when compared with the TD one. The DD group read only 57% of words with two patchims correctly, while the TD one read 91% correctly. There were significant differences in body-coda PA, phoneme level PA, letter RAN, object RAN, and letter-sound knowledge between the two groups. This study confirms the existence of Korean developmental dyslexics, and the urgent need for the inclusion of a Korean-specific phonics approach in the education system.