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A Study on the "Terms of Reference" in the ICC Rules of Arbitration (ICC 중재규칙(ICC Rules of Arbitration)의 "위탁조건"(Terms of Reference)에 관한 연구)

  • Oh, Won-Suk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.31
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    • pp.81-106
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    • 2006
  • The Terms of Reference are one of the most distictive features of ICC Arbitration. No document of this type is required to be drawn up under the rules of any of the other major international arbitration institutions. The purpose of this paper is to examine their advantages and to introduce main contents provided in Article 18 of ICC Rules of Arbitration, which results in the wide recognition of the Terms of Reference. As the volume of our international commercial transaction ranks almost ten in the world, the frequency using ICC Arbitration is expected to increase continuously. The Terms of Reference provide the parties and the arbitrators with an opportunity to identify and agree on procedural and other matters, such as the applicable law, the language of the arbitration and the timetable for the arbitration. They also afford the parties and the arbitrators to identify the substantive issues that are addressed in the arbitration and to delimit the precise scope of the Arbitract Tribunal's mandate. The contents of the Terms of Reference which are provided in Article 18(1) include the summary of parties claims, the list of issues and procedural rules. For the effects of the Terms of Reference, they are not intended to replace the parties' arbitration agreement. But they may in certain circumstances be regarded as a form of submission agreement. Article 18(2) provides that the Terms of Reference shall be signed by the parties and the Arbitral Tribunal, and requires the Arbitral Tribunal to transmit a signed copy of the Terms of Reference to the Court within two months of the date on which the file was transmitted to it by the Secretariat. The Court enjoys the power to extend the two-month time limit for the Terms of Reference on the reasoned request of the Arbitral Tribunal or on the Court's own initiative. Article 18(3) provides that if any of the parties refuses to take part in the drawing up of the Terms of Reference or to sign the same, they shall be submitted to the Court for approval. Article 18(4) allows the Arbitral Tribunal to extablish in a separate document a provisional timetable. This is a provision that encourages the acceleration of the arbitraction process. The timetable provided for therein is merely "provisional" and may be modified, as necessary, during the course of the arbitration.

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The effect of anchor extremity and question difficulty on anchoring effect (기준점의 극단성과 문항 난이도가 기준점 효과에 미치는 영향)

  • Lee, Myoungjin;Lee, Yoonhyoung;Kim, Kyungil
    • Korean Journal of Cognitive Science
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    • v.33 no.1
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    • pp.77-93
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    • 2022
  • Previous studies have reported that a plausible reference point has a greater anchoring effect than an extreme reference point. It is also known that the anchoring effect decreases when the individual's level of knowledge related to a given item is high. However, there has been no study examining the interaction of the plausibility of the reference point and the difficulty of the given question. Therefore, in this study, the effect of the reference plausibility and the difficulty of the questions on the anchoring effect were examined. The relationship between the response confidence and the anchoring effect was also examined. To do so, easy and difficult questions, plausible and extreme reference points were selected through preliminary research. The experiment was conducted following the 'standard anchoring task procedure'. As results, the extremity of the reference point and the difficulty of the question affected the size of the anchoring effect respectively. The difficulty of the question also affected the confidence of the response. Specifically, when a plausible reference point was presented and when a difficult question was presented, the anchoring effects were increased. In addition, the lower the confidence in one's performances, the greater the influence of the reference point when an extreme reference point was presented. These results show that the plausibility of the given reference point and the difficulty of the item have different effects on the magnitude of the anchoring effect and the degree of confidence. The results of this study support the attitude change perspective regarding the anchoring effect, which suggests that the anchoring effect varies depending on the characteristics of the reference point and the individual's knowledge.

An Application Study of Six Sigma in Clinical Chemistry (6 시그마의 적용에 대한 연구)

  • Chang, Sang Wu;Kim, Nam Yong;Choi, Ho Sung;Park, Yong Won;Chu, Kyung Bok;Yun, Kyeun Young
    • Korean Journal of Clinical Laboratory Science
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    • v.36 no.2
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    • pp.121-126
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    • 2004
  • The primary goal of six sigma is to improve patient satisfaction, and thereby profitability, by reducing and eliminating defects. Defects may be related to any aspect of customer satisfaction: high product quality, schedule adherence, cost minimization, process capability indices, defects per unit, and yield. Many six sigma metrics can be mathematically related to the others. Literally, six means six standard deviations from the mean or median value. As applied to quality metrics, the term indicates that failures are at least six standard deviations from the mean or norm. This would mean about 3.4 failures per million opportunities for failure. The objective of six sigma quality is to reduce process output variation so that on a long term basis, which is the customer's aggregate experience with our process over time, this will result in no more than 3.4 defect Parts Per Million(PPM) opportunities (or 3.4 Defects Per Million Opportunities. For a process with only one specification limit (upper or lower), this results in six process standard deviations between the mean of the process and the customer's specification limit (hence, 6 Sigma). The results of applicative six sigma experiment studied on 18 items TP, ALB, T.B, ALP, AST, ALT, CL, CK, LD, K, Na, CRE, BUN, T.C, GLU, AML, CA tests in clinical chemistry were follows. Assessment of process performance fits within six sigma tolerance limits were TP, ALB, T.B, ALP, AST, ALT, CL, CK, LD, K, Na, CRE, BUN, T.C, GLU, AML, CA with 72.2%, items that fit within five sigma limits were total bilirubin, chloride and sodium were 3 sigma. We were sure that the goal of six sigma would reduce test variation in the process.

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Obtaining Reference Intervals of HbA1c by Immunoturbidimetry (면역비탁법에 의한 HbA1c의 참고범위 설정)

  • Kim, Jae-Sub;Park, Ki-Hyun;Yu, Sun-Woo;Lee, Bum-Hee
    • Korean Journal of Clinical Laboratory Science
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    • v.41 no.2
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    • pp.62-66
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    • 2009
  • HbA1c is the major fraction of glycated hemoglobin, and used primarily to identify the average plasma glucose concentration over prolonged periods of time, mostly 2-3 months. It is used as markers for the diagnosis and monitoring of diabetic patients and increasingly used a marker in health screening check up for general populations. In this study, HbA1c was measured with Cobas integra 800 (Roche Diagnostics, Mannheim, Germany), using immunoturbidimetry principles. We established the reference interval for HbA1c with Cobas integra 800 and evaluated its significance. The study subjects were 36,140 (male 57.5%, and female 42.2%) who visited the Health Promotion Center of a tertiary care center in Seoul for health checkup from January to September, 2008. HbA1c levels were measured with immunoturbidimetric method. Statistical evaluation was done with SPSS. Comparison between male and female was checked with Mann-Whitney test, and among age groups with Kruskal-Wallis test. Reference interval for HbA1c was from 4.8% to 6.1%. There was no significant difference between male and female with Mann-Whitney test (P=0.539). There was significant difference among age groups with Kruskal-Wallis test (P<0.05). Reference interval for HbA1c with Cobas integra 800 was 4.8~6.1%, which was different from conventional one, 4.4-6.4%. Establishment of reference interval for each principle is needed.

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Development of nutrient-based nutritional standards for foodservice at shelters during disasters in the Republic of Korea

  • Satoko Abe;Meeyoung Kim;Jihyun Yoon
    • Nutrition Research and Practice
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    • v.17 no.1
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    • pp.135-148
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    • 2023
  • BACKGROUND/OBJECTIVES: In times of disaster, simplified and minimized nutritional standards are necessary for a quick response to provide nutritious relief food. This study aimed to develop nutrient-based nutritional standards for foodservice at shelters during disasters in the Republic of Korea (South Korea). SUBJECTS/METHODS: The standards were developed in 2 phases. First, nutrients to be included in the standards were selected. Initial candidates were selected considering 3 aspects: preceding standards, insufficient intake during disasters, and inadequate intake among South Koreans. Final selection was made by excluding nutrients for 3 reasons: nutrients for which there is no deficiency concern in South Korea, nutrients whose intake data were not available, or nutrients whose values presented by Dietary Reference Intakes for Koreans are difficult to achieve based on the current diet among South Koreans. Second, the reference values of energy and the selected nutrients were calculated. The reference values for the entire population who were 1-year-old and over were calculated by multiplying the estimated energy requirements or the recommended nutrient intake and the proportion of each age and sex group. Respective reference values were also calculated for 4 different age groups (1-5, 6-11, 12-64, and ≥ 65-year-old). RESULTS: The standards for the entire population were 2,000 kcal for energy, 55 g for protein, 650 ㎍ retinol activity equivalents for vitamin A, 95 mg for vitamin C, 1.1 mg for thiamin, 1.3 mg for riboflavin, 14 mg niacin equivalents for niacin, 350 ㎍ dietary folate equivalents for folic acid, 750 mg for calcium, and 11 mg for iron. Four additional standards corresponding to each age group were developed. CONCLUSIONS: The nutritional standards during disasters were developed for South Korea, including energy and 9 nutrients with reference values for the entire population and 4 different age groups. The standards will contribute to maintaining the health of disaster evacuees in South Korea.

Automatic Generation of Code-clone Reference Corpus (코드클론 표본 집합체 자동 생성기)

  • Lee, Hyo-Sub;Doh, Kyung-Goo
    • Journal of Software Assessment and Valuation
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    • v.7 no.1
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    • pp.29-39
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    • 2011
  • To evaluate the quality of clone detection tools, we should know how many clones the tool misses. Hence we need to have the standard code-clone reference corpus for a carefully chosen set of sample source codes. The reference corpus available so far has been built by manually collecting clones from the results of various existing tools. This paper presents a tree-pattern-based clone detection tool that can be used for automatic generation of reference corpus. Our tool is compared with CloneDR for precision and Bellon's reference corpus for recall. Our tool finds no false positives and 2 to 3 times more clones than CloneDR. Compared to Bellon's reference corpus, our tools shows the 93%-to-100% recall rate and detects far more clones.

Cutaneous Xanthoma in a Dog

  • Yeonhoo Jung;Moonseok Jang;Rahye Kang;Wanghui Lee;Seongjun Park
    • Journal of Veterinary Clinics
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    • v.40 no.5
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    • pp.382-386
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    • 2023
  • A 2-year-old, 12.5 kg, castrated male, mixed-breed dog was presented with a 1-year history of pruritus and progressive alopecia. On physical examination, no remarkable findings were detected including body condition score (5/9). A dermatological examination of the dog revealed generalized erythema, papules or plaques, especially on the face, auricle, dorsum, and shoulder. A fine-needle aspiration of the dorsum and face lesions revealed various numbers of macrophages with foamy cytoplasm and multinucleated giant cells. A bacterial culture test showed the growth of Staphylococcus pseudintermedius. A complete blood cell count was unremarkable and biochemical abnormalities included hyperglobulinemia (4.8 g/dL, reference interval 2.5-4.5 g/dL), mild hypertriglyceridemia (277 mg/dL, reference interval 10-100 mg/dL) and mild hypercholesterolemia (383 mg/dL, reference interval 110-320 mg/dL). Additional diagnostic tests were performed to identify the underlying cause of hyperlipidemia. Canine pancreatic lipase immunoreactivity (<50 ng/mL, reference interval 0-200 ng/mL) and total T4 (1.4 ㎍/dL, reference interval 1.1-5.6 ㎍/dL) were within the reference intervals. For a definitive diagnosis, skin biopsy specimen was collected from the papular lesions on the dorsum by using a 4 mm biopsy punch. A histopathological examination revealed numerous large macrophages with abundant foamy cytoplasm in the dermis. The foamy macrophages were located diffusely between the collagen fibers. Extracellular amorphous lipid deposits were also presented in the dermal tissue. A definitive diagnosis of cutaneous xanthoma was made based on clinical signs and cytological and histopathological results.

Relationships between maxillofacial morphology and oral function on the habitual and non-habitual chewing sides

  • Tatsuhiro Suzuki;Naoki Asanuma;Yuko Watarai;Fumi Mizuhashi
    • The Journal of Advanced Prosthodontics
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    • v.16 no.5
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    • pp.278-289
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    • 2024
  • PURPOSE. This study aimed to investigate the relationships between reference planes and oral functions on the habitual and non-habitual chewing sides. MATERIALS AND METHODS. Thirty-four subjects with no abnormalities in the maxillofacial region and oral functions were enrolled in this study. Relationships between angles between the reference plane (Frankfort horizontal plane, Camper's plane, and occlusal plane) and masticatory performance, occlusal force, and occlusal contact area by chewing side were examined. Regarding the measurement of reference planes, a creatively modified three-plane measuring device was used to measure angles between the reference planes. Images were taken from the right and left sides and angles between reference planes were measured. Masticatory performance was examined by measuring the amount of glucose extracted from a gummy jelly on the habitual and non-habitual chewing sides separately. Occlusal force and occlusal contact area were measured by occluding against pressure-sensitive film, and values on the habitual and non-habitual chewing sides were calculated and analyzed. RESULTS. The angle between Camper's plane and the occlusal plane correlated with masticatory performance on both the habitual chewing side (r = 0.47, P < .01) and the non-habitual chewing side (r = 0.36, P < .05). A correlation was observed between masticatory performance and occlusal force on the habitual chewing side (r = 0.46, P < .01). CONCLUSION. Masticatory performance became higher as occlusal plane inclination increased. This result represents essential knowledge for prosthetic treatment.

A Study on the Efficient Application for Cadastral Surveying of RTK-GPS (RTK-GPS의 지적측량에 효율적 적용 연구)

  • Hong, Sung-Eon;Lee, Woo-Hwa
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.13 no.1
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    • pp.59-65
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    • 2012
  • The study conducted the measurement of RTK-GPS with changing the number of observation as the method to differ reference stations of RTK-GPS. Also it aimed to suggest an effective application plan for cadastral surveying based on the accuracy analysis accordingly. According to the result of selecting the study region, observing with different reference stations, and comparing with previous TS performance, the 1st reference station was calculated as ${\pm}0.024m$ for x-coordinate's RMSE and ${\pm}0.029m$ for y-coordinate's RMSE, and the 2nd reference station was calculated as ${\pm}0.040m$ for x-coordinate's RMSE and ${\pm}0.029m$ for y-coordinate's RMSE. All these results (the 1st and the 2nd reference stations) are allowed as acceptable performance within the margin of error according to the existing cadastral regulations, and there was no significant difference between two performances. Therefore, unless there was no problem in receiving GPS satellite data, it would be possible to secure stable performance enough with 1 observation. Depending on surveying environment that has possible problems in receiving data, however, 2 or more observations would be necessary to secure stable performance.

Double-Chambered Right Ventricle in an Old Standard Poodle Dog

  • Yunho Jeong;Yoonhwan Kim;Eunchan Lee;Ju-Hyun An;Sooyoung Choi;Jin-Young Chung;Jin-Ok Ahn
    • Journal of Veterinary Clinics
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    • v.40 no.2
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    • pp.130-134
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    • 2023
  • A 12-year-old Standard Poodle presented with intermittent weakness and occasional dyspnea at the Veterinary Medicine Teaching Hospital of Kangwon National University. A grade of 4 out of 6 systolic murmur with an irregular tachycardic rhythm was auscultated on both sides of the chest. Systolic blood pressure was 140 mmHg. Panting was noticed in the hospital, but there was no crackle sound. Blood analysis revealed mild increases in liver panel levels (alanine aminotransferase 149 [reference interval, 19-70] U/L; and alkaline phosphatase, 185 [reference interval, 15-127] U/L) and severe increases in cardiac biomarker levels (n-terminal pro-brain natriuretic peptide, 4169 [reference interval, 50-900] pmol/L; and cardiac troponin I, 0.22 [reference interval, 0.03-0.12] ng/mL). On electrocardiography, irregularly irregular supraventricular tachycardic rhythm with an f-wave and no distinct p-wave was observed. Generalized cardiomegaly with an enlarged right atrium and left ventricle was confirmed on thoracic radiography. Moreover, hepatomegaly and an enlarged caudal vena cava were observed. Echocardiographic evaluation revealed a fibromuscular diaphragm in the right ventricle. Because of the obstructive lesion in the right ventricle, the right atrium and ventricle were enlarged (right atrial area index, 38.82 cm2/m2 [reference interval, 4.2-10.2 cm2/m2]; right ventricle end-diastolic area index, 14.152 cm2/m2 [reference interval, 4.9-10.92 cm2/m2]). Accordingly, the patient was diagnosed with double-chambered right ventricle (DCRV). Pimobendan, furosemide, enalapril, diltiazem, and S-adenosylmethionine (SAMe) were prescribed, and all symptoms were relieved. DCRV is a right-sided congenital heart defect resembling pulmonic valve stenosis. If symptoms are not severe, medical therapy can be facilitated without surgery or the balloon dilation.