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The Buyer's Remedies for Lack of Conformity under the PELS

  • Lee, Byung-Mun
    • 무역상무연구
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    • 제40권
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    • pp.3-30
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    • 2008
  • This article attempts to describe and analyze the rules on the buyer's remedies for lack of conformity under PELS. It shows that such remedies under the PELS operate in a two-tier remedial scheme which is alien to both domestic and international legal systems. That is, repair and replacement take the position of primary remedy, whereas termination, price reduction and damages are secondary remedies which are available only where the primary remedies cannot be invoked. Notwithstanding its superiority, the PELS have some drawbacks in several aspects. First, the PELS seems to place its focus on the factor of cost except the other factors, for instance, the significance of the lack of conformity, when one decides whether the first tier remedies cause the seller unreasonable effort or expense. It is argued that the factors can be considered by referring to art. 1:302 PECL. Second, the PELS does not expressively provide any exclusion of the seller's right to choose between repair or replacement on the basis of unreasonable uncertainty in reimbursing the expenses advanced by the buyer. It argues that if there is such uncertainty, it should be regarded as causing the buyer an unreasonable inconvenience under art. 4:204(1). Third, the PELS does not seem to properly reflect the consumer's interests in that most consumers prefer to have the absolute right of termination as against the commercial sellers who have a relatively stronger bargaining position. The reasons for that is that there is a big hurdle, i.e., a hierarchy of remedies, to be overcome by the consumer to battle with the commercial seller, and that unavoidable vagueness in defining a minor lack of conformity has been often used against the consumer, but in favour of the commercial seller with a strong bargaining position.

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피질골 절단술을 이용한 수평면에서의 임플란트의 위치 교정에 대한 치험례 (A CASE REPORT ABOUT CORRECTION OF IMPLANT POSITION AT HORIZONTAL PLANE AFTER CORTICOTOMY)

  • 최빈;오해수;김진철;길용갑;김경수;김좌영
    • Maxillofacial Plastic and Reconstructive Surgery
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    • 제29권3호
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    • pp.255-261
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    • 2007
  • Preface: Dental implant is important method that may solve the mastication, occlusion, esthetic, temporomandibular joint, and psychologic problem in oral and maxillofacial surgery. It is ideal that all of the implant are well positioned by adequate technique. By the way it‘s not always possible because of some anatomic, physiologic factor. In this case, If the implant can be moved to adequate position, it may be possible more esthetically and implanted patients more satisfied, but the majority of Implantists and orthodontists have thought that it is not possible. However, Implant, in fact, can be moved. and thus we can overcome the limit of implantation more. The aim of the present study was to evaluate the possibility of implant movement after corticotomy. Case report: Patient missed the upper right first molar. and implantation was done after completion of socket healing. We wait six months for osseointegration. Then, corticotomy was done under local anesthesia and close coil was used for orthodontic force. After traction during 3 weeks, we find the change of implant position at horizontal plane. we can not see the degenerative change on adjacent structure and tracted implant. there is a clinical mobility on upper right second premolar that used for anchorage but it subside spontaneously at the timing of prosthetic restoration without additional treatment. Discussion: As we could have some knowledge with this experiment, we report the case of implant movement after corticotomy and suggest a method about more esthetic implant treatment with a review of literature.

전문가 의식조사에 기초한 환경친화형 농촌주거 개발방향 연구 (A Study on the Development Directions for the Environmentally Friendly Rural House in Korea)

  • 조순재;박창석;임승빈
    • 농촌계획
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    • 제6권2호
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    • pp.82-93
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    • 2000
  • The concept of sustainable development in rural area, which is focused on both preservation of nature and human's amenity, has been common paradigm. The purpose of this study is to suggest the development directions for the environmentally friendly rural house. The planning items for developing sustainable rural house were selected through literature survey, case study, and their adaptation evaluation. The establishment of principles and the evaluation of planning items were analyzed by a survey to experts. The results are as follows : 1) It is showed that sustainability evaluation of rural village is rated as above the moderate degree, but rural house is rated as 3.4(average score). Especially, there were lowly evaluated the utility, material, structure and inner environment in rural house. 2) It is revealed that 76.7% of planning items are located in both the upper left and upper right hand quadrant of the action grid, which is drawn by the importance-performance analysis(IPA). And any item is not found in the lower right hand quadrant(Possible Overkill). 3) Two basic principles and eight optional principles we identified by analysis of factor and regression. The rural zone is identified as major effective element for applying planning items into the rural house development. So it is desirable to apply the items differently by the rural zone type. 4) In view of sustainable development, it is desirable for rural village to have about 50 houses, and for rural house to have $155{\sim}180$ pyung(坪) as lot size, 30% as ratio of building, and 60% as building volume.

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40대 여성 골퍼를 위한 슬랙스 패턴 설계에 관한 연구 (A Study on the Golf Slacks Pattern for Women in 40's)

  • 이효정;류신아;박길순
    • 한국의류산업학회지
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    • 제13권1호
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    • pp.116-129
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    • 2011
  • The purpose of this study is to research on changes of body surface according to golf movements in designs of golf slacks pattern and reflect it to designs of golf slacks pattern to enhance adaptability. For the first stage of this study, length of body surface was analyzed by using 3D body shape. In second stage, analysis of wearing test of golf slacks is performed to extract major pattern design factor of golf slacks and then research patterns were designed. In third stage, 4 differently designed 1st, 2nd slacks were used for analysis of 3D Clothing air volume. The results of this research is as follow. The variation rate of body surface length according to golf swing posture resulted the longest on back swing posture and follow through posture. Waist circumference-omphalion, thigh and ankle circumference increased more than 10% of body surface during golf swing. Front waist circumference-omphalion, right waist to hip length, left waist to hip length and right back center length were decreased more than 10%. As a result of analysis on measurements of 1st slacks pattern design, waist front center getting in values, waist front center going down value, front hip width, and front crotch extension had similar industrial pattern design. Back center line angle, back crotch extension, and knee center point~back waist center point had significant differences. The designs and ease proposed for golf slacks pattern in this study are waist circumference 75.5 cm(1.8 cm, 2.38%), hip circumference 95 cm(2 cm, 2.11%), crotch length(front: -0.8 cm, -1.25%; rear: -1.8 cm, -2.83%), slacks length 96c m, gradient of C.B.L $10^{\circ}$, crotch extension (back 9.2~10.4 cm, front 3.2 cm).

통증에 따른 경락의 생체 물리적 정보 분석 연구 (Biophysical Characteristics of Meridian System with Two Pain Diseases)

  • 테드 캡척;남봉현
    • Korean Journal of Acupuncture
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    • 제22권4호
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    • pp.29-41
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    • 2005
  • Objectives : Although previous anatomic, physiological and biophysics studies have examined the acupuncture meridian system, much remains unclear and controversial. This study was undertaken to examine electrical potential aspects of the meridian system. Electric potential was measured at the well and sea acupoints on the twelve acupuncture meridians (AM), on forty patients half with loin lesions, and pain of loin and lower extremities(LL) and half with shoulder lesions, and aching of shoulder and arm(SA). The object was to determine to what extent electric potential is an important risk factor between LL and SA. Methods : At the left and the right side with each of twenty LL and twenty SA patients, physiograph was used to measure electric potentials of AM ten sessions. T-test was used to compare the mean of electric potential between the two different pain groups and multiple logistic regression was used to analyze the risk of the 24 electric potentials measured. Results and Conclusions : In the LL, the only electric potential that was statistically significantly greater than SA was the bladder meridian on the left side. On the contrary, electric potentials in SA, which includes the large intestine, pericardium, triple burner, spleen, stomach, kidney and gallbladder meridians, were statistically larger than those of LL at the same side. On the right side, the five kinds of electric potentials(lung, large intestine, small intestine, pericardium and gallbladder meridian) of LL were statistically larger than those of SA. On the triple burner, stomach and kidney meridians electric potentials of SA were larger than those in LL. After adjusting for 24 electric potentials, pain risk factors, and different illness categories, multiple stepwise selection logistic regression modeling, resulted in the final selection of a total of 13 statistically significant electric potentials. These were 7 electric potentials at left side - small intestine, triple burner, spleen, stomach, bladder, liver and gallbladder meridian, and 6 at rght side - lung, large intestine, heart, pericardium, kidney and bladder meridian.

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다수당사자중재의 문제점에 관한 고찰 (A Study on Some Problems in Multiparty Arbitration)

  • 김명엽
    • 한국중재학회지:중재연구
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    • 제13권1호
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    • pp.207-244
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    • 2003
  • There are many parties who connected with contracts like a contract for construction. Dispute arising from the two parties can be souled by themselves. but it grows the necessity of settlement at one effort. The meaning of multiparty arbitration is solution of mixed disputes without inconsistency through multiparty concerned. H the parses wish to settle the disputes by arbitration, they must come to an arbitration agreement. The arbitration agreement is necessary to resolve disputes autonomously, that may be in the form of a separate agreement or in the form of a clause in a contract. More ever it is resonable to view the arbitration agreement as a substantive contract in its legal nature enabling the authority for dispute resolution by the arbitrator. I had argument about who should appoint the arbitrator. That is to say, each party can appoint the arbitrator, otherwise the courts can appoint one. The basis of multiparty arbitration is focused on the factor that the courts may have the right to order the consolidation of arbitration proceedings without consent of the parties. The dispute can be settled by the arbitrators who are appointed. Appointing arbitrator is very important because it affects the party's equality. The right to appoint arbitrator shall be entitled each party in multiparty arbitration. Therefore they can appoint plural arbitrators by mutual agreement. for .reference to Rules of Arbitration of The International Chamber of Commerce, the Court shall appoint a sole arbitrator or three arbitrators in condition. The Arbitration Act of Korea dose not have the clause on multiparty arbitration including the arbitration rules. But if we have the clause enacted, it brings a situation in which both parties gain a benefit.

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Unilateral maxillary central incisor root resorption after orthodontic treatment for Angle Class II, division 1 malocclusion with significant maxillary midline deviation: A possible correlation with root proximity to the incisive canal

  • Imamura, Toshihiro;Uesugi, Shunsuke;Ono, Takashi
    • 대한치과교정학회지
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    • 제50권3호
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    • pp.216-226
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    • 2020
  • Root resorption can be caused by several factors, including contact with the cortical bone. Here we report a case involving a 21-year-old female with Angle Class II, division 1 malocclusion who exhibited significant root resorption in the maxillary right central incisor after orthodontic treatment. The patient presented with significant left-sided deviation of the maxillary incisors due to lingual dislocation of the left lateral incisor and a Class II molar relationship. Cephalometric analysis demonstrated a Class I skeletal relationship (A point-nasion-B point, 2.5°) and proclined maxillary anterior teeth (upper incisor to sella-nasion plane angle, 113.4°). The primary treatment objectives were the achievement of stable occlusion with midline agreement between the maxillary and mandibular dentitions and appropriate maxillary anterior tooth axes and molar relationship. A panoramic radiograph obtained after active treatment showed significant root resorption in the maxillary right central incisor; therefore, we performed cone-beam computed tomography, which confirmed root resorption along the cortical bone around the incisive canal. The findings from this case, where different degrees of root resorption were observed despite comparable degrees of orthodontic movement in the bilateral maxillary central incisors, suggest that the incisive canal could be an inducing factor for root resorption. However, further investigation is necessary to confirm this assumption.

한국인의 상악중절치 위치설정에 관한 연구 (A STUDY ON THE POSITIONING OF THE MAXILLARY CENTRAL INCISOR IN KOREANS)

  • 허윤석;신상완
    • 대한치과보철학회지
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    • 제33권1호
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    • pp.85-97
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    • 1995
  • The arrangement of anterior artificial teeth is an important factor on the esthetics in the construction of complete denture and prosthesis. During construction of the complete denture the position of maxillary central incisor plays an important role in the arrangements of artificial teeth. The proper position of maxillary central incisor provides natural appearance of anterior teeth and the anterior reference point of occlusal plane. Many methods have been utilized to eatablish the position of the maxillary central incisor in complete denture prosthodontics. However, there has not been provided for the reference for Korean yet. This study was aimed to extablish the position of the maxillary central inciosr in Korean. The horizontal and vertical distance between the maxillary central incisor and incisive papilla in korean were measured. The results were as follows : 1. The mean value of horizontal distance from the maxillary central incisor to the incisive papilla had significant sexual difference, the average distance was 12.648mm (male), 11.385mm(female). 2. The horizontal distance of incisive papilla had sexual difference, the average distance was 6.182mm(male), 5.622mm(female). 3. The vertical distance from the maxillary central incisor to the incisive papilla had not sexual difference, the average distance was 7.21mm. 4. The crown length of maxillary central inciosrs from the distal interdental papilla had not sexual difference, the right central incisor was 6.40mm(mean) and the left central inciosr was 6.43mm(mean). 5. The clinical crown length of the maxillary central incisors had not sexual difference, the right central incisor 10.35mm(mean) and the left central incisor was 10.43mm(mean). 6. The anatomic shapes of incisive papilla were pear(68.4%), oval(16%), triangular(6%), irregular(5%), rectangular(4%), and inverted pear(1%) shape.

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Evaluation of electrical impedance ratio measurements in accuracy of electronic apex locators

  • Kim, Pil-Jong;Kim, Hong-Gee;Cho, Byeong-Hoon
    • Restorative Dentistry and Endodontics
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    • 제40권2호
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    • pp.113-122
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    • 2015
  • Objectives: The aim of this paper was evaluating the ratios of electrical impedance measurements reported in previous studies through a correlation analysis in order to explicit it as the contributing factor to the accuracy of electronic apex locator (EAL). Materials and Methods: The literature regarding electrical property measurements of EALs was screened using Medline and Embase. All data acquired were plotted to identify correlations between impedance and log-scaled frequency. The accuracy of the impedance ratio method used to detect the apical constriction (APC) in most EALs was evaluated using linear ramp function fitting. Changes of impedance ratios for various frequencies were evaluated for a variety of file positions. Results: Among the ten papers selected in the search process, the first-order equations between log-scaled frequency and impedance were in the negative direction. When the model for the ratios was assumed to be a linear ramp function, the ratio values decreased if the file went deeper and the average ratio values of the left and right horizontal zones were significantly different in 8 out of 9 studies. The APC was located within the interval of linear relation between the left and right horizontal zones of the linear ramp model. Conclusions: Using the ratio method, the APC was located within a linear interval. Therefore, using the impedance ratio between electrical impedance measurements at different frequencies was a robust method for detection of the APC.

Biomechanical Analysis of Injury Factor According to the Change of Direction After Single-leg Landing

  • Kim, Jong-Bin;Park, Sang-Kyoon
    • 한국운동역학회지
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    • 제26권4호
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    • pp.433-441
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    • 2016
  • Objective: The purpose of this study was to understand the injury mechanism and to provide quantitative data to use in prevention or posture correction training by conducting kinematic and kinetic analyses of risk factors of lower extremity joint injury depending on the change of direction at different angles after a landing motion. Method: This study included 11 men in their twenties (age: $24.6{\pm}1.7years$, height: $176.6{\pm}4.4cm$, weight: $71.3{\pm}8.0kg$) who were right-leg dominant. By using seven infrared cameras (Oqus 300, Qualisys, Sweden), one force platform (AMTI, USA), and an accelerometer (Noraxon, USA), single-leg drop landing was performed at a height of 30 cm. The joint range of motion (ROM) of the lower extremity, peak joint moment, peak joint power, peak vertical ground reaction force (GRF), and peak vertical acceleration were measured. For statistical analysis, one-way repeated-measures analysis of variance was conducted at a significance level of ${\alpha}$ <.05. Results: Ankle and knee joint ROM in the sagittal plane significantly differed, respectively (F = 3.145, p = .024; F = 14.183, p = .000), depending on the change of direction. However, no significant differences were observed in the ROM of ankle and knee joint in the transverse plane. Significant differences in peak joint moment were also observed but no statistically significant differences were found in negative joint power between the conditions. Peak vertical GRF was high in landing (LAD) and after landing, left $45^{\circ}$ cutting (LLC), with a significant difference (F = 9.363, p = .000). The peak vertical acceleration was relatively high in LAD and LLC compared with other conditions, but the difference was not significant. Conclusion: We conclude that moving in the left direction may expose athletes to greater injury risk in terms of joint kinetics than moving in the right direction. However, further investigation of joint injury mechanisms in sports would be required to confirm these findings.