• Title/Summary/Keyword: restitution

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Buyer's Right of Rejection and Revocation of Acceptance under the Uniform Commercial Code Compared with English Law (UCC상 매수인의 물품거절 및 승낙 철회권의 영국법과의 비교연구)

  • Lee, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.28
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    • pp.3-36
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    • 2005
  • Most legal systems provides the aggrieved buyer with a right to put an end to the contract. Unlike Civil Law systems, the right is rather complicated and uncertain in Common Law systems because they do not sharply distinguish between a refusal which amounts merely to a defence in the nature of the exceptio non adimpleti contractus, and one which is intended to abrogate the aggrieved party's obligations completely and to seek restitution of what he has already performed. That is, they do not draw any sharp distinction between the right of rejection or revocation and the right to put an end to the contract. This explains why the right to put an end to the contract under Civil Law systems are often compared with the right of rejection or revocation under Common Law systems in most academic papers. Having said that, this article describes and analyzes in detail the relevant UCC rules to the buyer's right of rejection and revocation, particularly the rules on the requirements for the right of rejection or revocation. This is for the purpose of providing legal advice to our sellers residing either in U.S.A. or in Korea who plan to enter into U.S.A markets and take academics' interest in the buyer's right which is deemed to be unique compared to the Civil Law systems. In addition, the study attempts to compare the rules as to the right of rejection and revocation under the UCC with those of English law which are stipulated mainly in the Sale of Goods Act (1979) in a statutory form. This may help one better to understand the rules of the UCC which are mostly originated with English law and to find in what way the rules of the UCC depart from those of English law.

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The Applicability of the CISG on the Property in the Goods Sold (소유권이전(所有權移轉)에 관한 CISG의 적용(適用) 문제(問題))

  • Han, Kyu-Sik
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.20
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    • pp.113-127
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    • 2003
  • In some legal systems property passes at the time of the conclusion of the contract. In other legal systems property passes at some later time such as the time at which the goods are delivered to the buyer. It was not regarded possible to unify the rule on this point nor was it regarded necessary to do so since rules are provided by this CISG for several questions linked, at least in certain legal systems, to the passing of property. Even though the CISG rules that it does not govern the passing of property in the goods sold, it does not exclude completely the effect which the contract may have on the property in the goods sold. Problems that under some domestic systems are decided by reference to the "property" concept are governed by specific provisions of the CISG. First of All, the CISG(Arts. 41 and 42) deals with seller's obligation to the buyer that the goods be free of third party claims. Moreover, Article 45 gives a buyer the right to require the seller to deliver goods that the seller wrongfully withholds. Secondly, Article 81(2) gives a seller the right to claim restitution of goods for which the buyer fails to pay. Domestic law must respect these rights as between the seller and buyer; if such rights between the parties prevail over the claims of creditors or other third parties under domestic law, domestic tribunals should give the same effect to rights established by the CISG. Thirdly, the right to sell the goods arises where there has been an unreasonable delay by the party in taking possession of them or in taking them back(Article 88).

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Inducibility of human atrial fibrillation in an in silico model reflecting local acetylcholine distribution and concentration

  • Hwang, Minki;Lee, Hyun-Seung;Pak, Hui-Nam;Shim, Eun Bo
    • The Korean Journal of Physiology and Pharmacology
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    • v.20 no.1
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    • pp.111-117
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    • 2016
  • Vagal nerve activity has been known to play a crucial role in the induction and maintenance of atrial fibrillation (AF). However, it is unclear how the distribution and concentration of local acetylcholine (ACh) promotes AF. In this study, we investigated the effect of the spatial distribution and concentration of ACh on fibrillation patterns in an in silico human atrial model. A human atrial action potential model with an ACh-dependent $K^+$ current ($I_{KAch}$) was used to examine the effect of vagal activation. A simulation of cardiac wave dynamics was performed in a realistic 3D model of the atrium. A model of the ganglionated plexus (GP) and nerve was developed based on the "octopus hypothesis". The pattern of cardiac wave dynamics was examined by applying vagal activation to the GP areas or randomly. AF inducibility in the octopus hypothesis-based GP and nerve model was tested. The effect of the ACh concentration level was also examined. In the single cell simulation, an increase in the ACh concentration shortened $APD_{90}$ and increased the maximal slope of the restitution curve. In the 3D simulation, a random distribution of vagal activation promoted wavebreaks while ACh secretion limited to the GP areas did not induce a noticeable change in wave dynamics. The octopus hypothesis-based model of the GP and nerve exhibited AF inducibility at higher ACh concentrations. In conclusion, a 3D in silico model of the GP and parasympathetic nerve based on the octopus model exhibited higher AF inducibility with higher ACh concentrations.

Parametric Study on Reinforced Concrete Columns under Blast Load (주철근의 개수 및 단면비에 따른 폭발하중을 받는 철근콘크리트 기둥의 해석적 연구)

  • Choi, Hosoon;Kim, Min-Sook;Lee, Young-Hak
    • Journal of the Computational Structural Engineering Institute of Korea
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    • v.25 no.3
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    • pp.219-226
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    • 2012
  • Columns are the key elements supporting load in structure. Column failure causes the structure to collapse. It is important to evaluate residual strength for damaged columns under blast load for preventing progressive collapse. In this paper, columns were investigated to compare the blast resistance on the change of the number of steel bars within the range of reinforcement ratio. And this study was carried out 4 different analytical models to evaluate effects of aspect ratio. The results indicate that the vertical strain was unaffected by the number of steel bars and aspect ratio. As the number of steel bars facing blast load increase, the blast resisting capacity of the columns was improved in the lateral strain. Also, the analysis results showed that a large moment of inertia of area, as compared to a small one would be superior in residual strength as well as force of restitution.

Development of the Fraud Detection Model for Injury in National Health Insurance using Data Mining -Focusing on Injury Claims of Self-employed Insured of National Health Insurance (데이터마이닝을 이용한 건강보험 상해요인 조사 대상 선정 모형 개발 -건강보험 지역가입자 상해상병 진료건을 중심으로-)

  • Park, Il-Su;Park, So-Jeong;Han, Jun-Tae;Kang, Sung-Hong
    • Journal of Digital Convergence
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    • v.11 no.10
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    • pp.593-608
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    • 2013
  • According to increasing number of injury claims, the challenge is reducing investigation of cases of injuries by selecting them more delicately, while also increasing the redemption rates and the amount of restitution. In this regards, we developed the fraud detection model for injury claims of self-employed insured by using decision tree after collecting medical claim data from 2006 to 2011 of the National Health Insurance in Korea. As a result of this model, subject types were classified into 18 types. If applying these types to the actual survey compared with if not applying, the redumption collecting rate will be increasing by 12.8%. Also, the effectiveness of this model will be maximize when the number of claims handlers considering their survey volume and management plans are examined thoroughly.

An Empirical Study on the Analysis Model for Self Powered University Selection using University Information DB (대학 정보공시 데이터베이스(DB)를 활용한 자율개선대학선정 예측에 관한 실증연구)

  • Chae, Dong Woo;Jeon, Byung Hoon;Jung, Kun Oh
    • Journal of Information Technology Applications and Management
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    • v.28 no.6
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    • pp.97-116
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    • 2021
  • Due to the decrease in the school-age population and government regulations, universities have made great efforts to secure their own competitiveness. In particular, the selection of universities with financial support based on the recent evaluation of the Ministry of Education has become a major concern enough to affect the existence of the university itself. This paper extracts three-year data from 124 major private universities nationwide, and quantitatively analyzes the variables of major universities selected as self-improvement universities, competency reinforcement universities, and universities with limited financial support. As a result of estimating the selection of self-powered universities using the ordered logit model by hierarchically inputting 12 variables, student competitiveness in the metropolitan area (1.318**), Educational Restitution Rate (4.078***), University operation expenditure index rate (1.088***) values were found. Significant positive coefficient values were found in the admission enrollment rate (45.98***) and the enrollment rate (13.25***). As a result of analyzing the marginal effects, the increase in the rate of reduction of education costs has always been positive in the selection of self-powered universities, but it was observed that the rate of increase decreases in areas of increase of 150% or more. On the contrary, the probability of becoming a Em-powered university was negative in all sectors, but on the contrary, it was analyzed that marginal effects increased at the same time point. On the other hand, the employment rate of graduates was not able to find direct significance with the result of the selection of Self powered universities. Through this paper, it is expected that each university will analyze the possibility and shortcomings of the selection of Self powered universities in policy making, and in particular, the risk of dropout of selection for the vulnerable field can be predicted using marginal effects. It can be used as major research data for both university evaluators, university officials and students.

Polysaccharides from Panax ginseng promote intestinal epithelial cell migration through affecting the Ca2+ related regulators

  • Huibin Zhu;Jianhong Cao;Xinyi Liang;Meng Luo;Anrong Wang;Ling Hu;Ruliu Li
    • Journal of Ginseng Research
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    • v.47 no.1
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    • pp.89-96
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    • 2023
  • Background and aim: Panax ginseng, a key herbal medicine of replenishing Qi and tonifying Spleen, is widely used in the treatment of gastrointestinal diseases in East Asia. In this study, we aim to investigate the potential effects and mechanisms of polysaccharides from P. ginseng (PGP) on intestinal mucosal restitution which is one of the crucial repair modalities during the recovery of mucosal injury controlled by the Ca2+ signaling. Methods: Rat model of intestinal mucosal injury was induced by indomethacin. The fractional cell migration was carried out by immunohistochemistry staining with BrdU. The morphological observations on intestinal mucosal injury were also performed. Intestinal epithelial cell (IEC-6) migration in vitro was conducted by scratch method. Western-blot was adopted to determine the expressions of PLC-𝛾1, Rac1, TRPC1, RhoA and Cav-1. Immunoprecipitation was used to evaluate the levels of Rac1/PLC-𝛾1, RhoA/TRPC1 and Cav-1/TRPC1. Results: The results showed that PGP effectively reduced the assessment of intestinal mucosal injury, reversed the inhibition of epithelial cell migration induced by Indomethacin, and increased the level of Ca2+ in intestinal mucosa in vivo. Moreover, PGP dramatically promoted IEC-6 cell migration, the expression of Ca2+ regulators (PLC-𝛾1, Rac1, TRPC1, Cav-1 and RhoA) as well as protein complexes (Rac1/PLC-𝛾1, Cav-1/TRPC1 and RhoA/TRPC1) in vitro. Conclusion: PGP increases the Ca2+ content in intestinal mucosa partly through controlling the regulators of Ca2+ mobilization, subsequently promotes intestinal epithelial cell migration, and then prevents intestinal mucosal injury induced by indomethacin.

A Study on the Evaluation Criteria for Reconstruction Charge Allocation (재건축부담금 배분을 위한 지자체 평가기준 연구)

  • Kim, Joo-Jin;Song, Young-Hyun
    • Land and Housing Review
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    • v.2 no.1
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    • pp.35-46
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    • 2011
  • This paper aims at examining the indices and their weights for the evaluation of local government to allocate reconstruction charge and reviewing the availability of them simulating local governments' evaluation. There has been no specific evaluation criteria existed, while central government has to allocate the reconstruction charge to local governments by the provision 3 of Restitution of Housing Reconstruction Gains Act. The results as follows : According to a survey on evaluation indices weight and AHP analysis, the weight of 'the housing welfare improve effort' is the highest with 25.1% among 5 upper-classification indices. Following this, each weight of 'housing welfare conditions(22.7%)', 'housing SOC establishment(22.5%)', 'the achievement and planning on reconstruction charge use(15.8%)', and 'housing sector achievement such as Bogeumjari(13.9%)' are ranked. Meanwhile, Among 16 lower-classification indices, 'the rate of minimum housing standard households(11.5%)', 'public rental housing supply(8.9%)', 'reconstruction charge use achievement(8.3%)', 'reconstruction charge use planning submit(7.5%)', and 'rate of water and sewage(6.3%)' hold high rank. The analysis results show the weight of 'housing sector achievement such as Bogeumjari' on the existing provisions should be decreased(30%${\rightarrow}$13.9%) as others' weight has to be slightly increased. According to the result of the simulation, Jeonbuk, Gyeongbuk, Jeonnam, Jeju, Gyeonggi received higher scores in the comprehensive evaluation, while Daejeon, Seoul, Incheon, Daegu and Gwangju, where the housing conditions are relatively good, received lower scores. These results of the analysis correspond with the direction of reconstruction charges allocation and indicate that the evaluation criteria used in this simulation is acceptable.

1970 UNESCO Convention on the Illicit Trafficking of Cultural Property and its Legal Implementations in the Republic of Korea (문화재 불법 거래 방지에 관한 1970년 유네스코 협약의 국내법적 이행 검토)

  • Kim, Jihon
    • Korean Journal of Heritage: History & Science
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    • v.53 no.4
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    • pp.274-291
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    • 2020
  • This year is the 50th anniversary of the adoption by UNESCO in 1970 of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (the '1970 Convention'). Since its ratification of the 1970 Convention in 1983, the Republic of Korea has domestically implemented the Convention through its Cultural Heritage Protection Act, which was first enacted in 1962. This is a different form of implementation than is normally used for other UNESCO Conventions on cultural heritage, in that the Republic of Korea has recently adopted special acts to enforce the 2003 Convention for the Safeguarding of Intangible Cultural Heritage and the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage. In addition, the 1970 Convention has been developed further through the introduction of new Operational Guidelines in 2015 for the concrete enforcement of the Convention, which has provided momentum for the Republic of Korea to analyze its current national legislation related to the 1970 Convention as well as consider its amendment in the future. Overall, the Cultural Heritage Protection Act of the Republic of Korea effectively reflects the duties of States Parties under the 1970 Convention. These include measures to introduce export certificates, prohibit the import of stolen cultural property, return other state parties' cultural property, and impose penalties or administrative sanctions in the event of any infringements. Indeed, the Republic of Korea's implementation of the 1970 Convention was introduced as an example of good practice at the Meeting of State Parties in 2019. However, changes in the illegal market for cultural property and development of relevant international law and measures imply that there still exists room for improvement concerning the legal implementation of the 1970 Convention at the national level. In particular, the Operational Guidelines recommend States Parties to adopt legal measures in two respects: detailed criteria for due diligence in assessing bona-fide purchasers, referring to the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, and measures to address the emerging issue of illegal trade in cultural property on internet platforms. Amendment of the Cultural Heritage Protection Act and other relevant laws should be considered in order to duly reflect these issues. Taking that opportunity, concrete provisions to facilitate international cooperation in respect of the implementation of the 1970 Convention could be introduced as well. Such measures could be expected to strengthen the Republic of Korea's international legal cooperation to respond to the changing environment regarding illicit trafficking of cultural property and its restitution.

Clinical Usefulness of Virtual Ablation Guided Catheter Ablation of Atrial Fibrillation Targeting Restitution Parameter-Guided Catheter Ablation: CUVIA-REGAB Prospective Randomized Study

  • Young Choi;Byounghyun Lim;Song-Yi Yang;So-Hyun Yang;Oh-Seok Kwon;Daehoon Kim;Yun Gi Kim;Je-Wook Park;Hee Tae Yu;Tae-Hoon Kim;Pil-Sung Yang;Jae-Sun Uhm;Jamin Shim;Sung Hwan Kim;Jung-Hoon Sung;Jong-il Choi;Boyoung Joung;Moon-Hyoung Lee;Young-Hoon Kim;Yong-Seog Oh;Hui-Nam Pak;CUVIA-REGAB Investigators
    • Korean Circulation Journal
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    • v.52 no.9
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    • pp.699-711
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    • 2022
  • Background and Objectives: We investigated whether extra-pulmonary vein (PV) ablation targeting a high maximal slope of the action potential duration restitution curve (Smax) improves the rhythm outcome of persistent atrial fibrillation (PeAF) ablation. Methods: In this open-label, multi-center, randomized, and controlled trial, 178 PeAF patients were randomized with 1:1 ratio to computational modeling-guided virtual Smax ablation (V-Smax) or empirical ablation (E-ABL) groups. Smax maps were generated by computational modeling based on atrial substrate maps acquired during clinical procedures in sinus rhythm. Smax maps were generated during the clinical PV isolation (PVI). The V-Smax group underwent an additional extra-PV ablation after PVI targeting the virtual high Smax sites. Results: After a mean follow-up period of 12.3±5.2 months, the clinical recurrence rates (25.6% vs. 23.9% in the V-Smax and the E-ABL group, p=0.880) or recurrence appearing as atrial tachycardia (11.1% vs. 5.7%, p=0.169) did not differ between the 2 groups. The post-ablation cardioversion rate was higher in the V-Smax group than E-ABL group (14.4% vs. 5.7%, p=0.027). Among antiarrhythmic drug-free patients (n=129), the AF freedom rate was 78.7% in the V-Smax group and 80.9% in the E-ABL group (p=0.776). The total procedure time was longer in the V-Smax group (p=0.008), but no significant difference was found in the major complication rates (p=0.497) between the groups. Conclusions: Unlike a dominant frequency ablation, the computational modeling-guided V-Smax ablation did not improve the rhythm outcome of the PeAF ablation and had a longer procedure time.