• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.66
• /
• pp.47-73
• /
• 2015

This study primarily concerns the fundamental breach of contract by a seller and a buyer's two remedies that are entitled to under the CISG. Regarding the breach of contract, the CISG simply provides a list of each party's obligations and regulates that both parties should fulfill the obligations under the contract as well as the Convention. When the CISG specifies the remedies for both parties, it requires to divide the fundamental breach of contract from breach of contract. By doing so, it provides different remedies to both parties depending on whether it is the fundamental breach of contract or not. From the point of buyer's view, the buyer has two remedies when there is the fundamental breach of contract by the seller; they are the right to declare the avoidance of contract and to require the delivery of substitute goods. The fundamental breach of contract is a pre-requisite condition to be fulfilled in order to exercise these two remedies. Although the CISG provides the definition of fundamental breach of contract, its meaning is not clear enough, so it is interpreted and applied case by case. Therefore, this paper will analyze recent cases focusing on the most debated issues regarding the interpretation of fundamental breach of contract; first, who determines the substantial deprivation and when is the time for determination, second, when is the time for unpredictability of substantial deprivation, and last, who has a burden of proof.

• The Korean Society of Law and Medicine
• /
• v.8 no.2
• /
• pp.69-118
• /
• 2007

In providing general medical treatments, the medical service contract between the patient and the doctor is the mutually responsible onerous contract. However, the nature of the mutually assumed contract standings of the patient and the doctor has been changing since the implementation of the national health insurance program. For instance, besides the cases of beyond excessive medical charges and medical negligence, if the doctor charged for his/her medical treatments violating the post-treatment/nursing cover criteria, the overpaid medical charge, regardless of being collected with the patient's consent, has to be refunded back to the patient. Medically needed aspects, treatment results, and unfair benefits favoring the patient are not at all taken into consideration in the health insurance scheme. This makes it easier for patients to get refunds for their share of the medical payments by involving the Health Insurance Review & Assessment Service or the National Health Insurance Corporation, without engaging in civil law suits (for reimbursement claim) against doctors. In other words, the doctor's responsibility to provide medical treatments and the patient's responsibility to pay for the medical treatment provided within the contractual realm are being demolished by the administrational arbitration of the National Health Insurance system. The basic rights of medical service providers, and the patient's right to choose are as important constitutional rights, as the National Health Insurance program, which is essential in the social welfare system. Furthermore, the development of the medical fields should not be prevented by the National Health Insurance system. If the medical treatment services can be divided into necessary treatments, general treatments, and high quality treatments, the National Health Insurance is supposed to guarantee the necessary and general treatments to provide medical treatments equally to all the insured with limited financial resources. However, for the high quality treatments, it is recommended that they should not be interfered by the National Health Insurance system, and that they should be left to the private contract between the patient and the doctor.

• The Journal of Korean Institute of Communications and Information Sciences
• /
• v.29 no.9A
• /
• pp.973-982
• /
• 2004

High-speed scheduling algorithms are required for high-performance input-queued switches to achieve good performance. Various Round-Robin scheduling algonthms for Virtual-Output-Queue (VOQ) switch architectures have been proposed, hke iSLIP, DRRM (Dual Round-Robin Matching). iSLIP can achieve high performance and have already been implemented in hardware. DRRM has been proved to achieve better performance and simpler than iSLIP But neither iSLIP nor DRRM can efficiently solve the problem of the Round-Robm pointers' desynchronization. In this paper, we have proposed "Well-Regulated Pseudo-request Dual Round-Robin Matching" Algorithm. It is developed from DRRM, and can always keep the pointers' desynchronization. Since our algorithm is based on the Round-Robin scheduling, it is also simple to be implemented. And simulation results also show that our proposed algonthm performs pretty well under various, traffic models.

• Journal of The Korean Society of Integrative Medicine
• /
• v.6 no.2
• /
• pp.59-68
• /
• 2018

Purpose : In this research, I tried to examine the effect of handwork activities through group activities on self-esteem and sympathy index. Method : In this research, for men and women enrolled in K university, we explain sufficiently the purpose and method of research and randomly assign to 20 training group and 20 control group for those who agreed with experiment we divided handwork activities twice a week from november 18, 2016 to December 6, six times in total for 30 minutes. Results : Compared with self-esteem among groups, group training exercises showed higher interpersonal relationships than control group, and self-accepted items and self-efficacy items decreased. empathy comparison that group fits according to arbitration period compared with group control training group, group of training exercise high emotional sympathy items and social skills items appear high, cognitive sympathy items are low. Conclusion : From the results of this study, it turned out that the activities of handwork by group improved interpersonal relationships, emotional sympathy and social skills. In light of the results of these studies, it can be considered that better results can be obtained when applied to children and young people who are forming self-esteem and cognitive sympathy. In future research, further studies based on age, sex and further research corresponding to each situation, student's self esteem and a broader material for developing program necessary for cognitive sympathy can be obtained.

• The Korean Society of Law and Medicine
• /
• v.15 no.2
• /
• pp.91-122
• /
• 2014

For a variety of reasons, the number of medical disputes is continuously rising. Due to the intrinsic qualities of medical treatments, one would find it more apt to subject medical disputes to general conflict resolution procedures rather than to once-for-all decisions under legal suits. To address the increasing medical disputes with greater professionalism and efficiency, the Medical Disputes Mediation Act was enacted and a medical dispute mediation system put in place, while drawbacks have been blamed to both. The current mediation procedures require the respondent's agreement as a disclosure requirement. A reasonable improvement to this would be to amend the regulation of agreement supposition, or to enforce procedural participation only to public health facilities managed by the national or regional government. Furthermore, small claims cases of 20 million KRW or less in claim may be considered for conciliation-prepositive principle. The concentration on small claim medical disputes is a phenomenon that can be addressed by carrying out maximum authentication commissions or similar measures, one of the solutions by enhancing the public trust in the Korea Medical Dispute Mediation and Arbitration Agency. The proper management of medical authentication teams is one way to address the existing problems in the authentication system. For this, the number of team members shall be increased under more flexible authentication procedures. All indemnity resources for medical accidents of force majeure must be borne by the Government, for it is the body principally responsible for social compensation. Placing this cost on the establisher of the subject medical facility holds the possibility of violating fundamental rights. While the costs for subrogation payment system for damages may be borne by the healthcare facility establisher, a deposit-based system must be created for cases in which the facility shuts down, without holding the responsibility for accident cause. Such change to a deposit-based system will evade the controversies of unconstitutionality, etc.

• KSII Transactions on Internet and Information Systems (TIIS)
• /
• v.11 no.5
• /
• pp.2628-2645
• /
• 2017

This paper proposes a new offline electronic payment (e-payment) system that satisfies the major security requirements of e-payment, i.e. anonymity, unlinkability, unforgeability, double spending control, conditional traceability, and fraud prevention. The central idea is the use of Hwang et al.'s RSA-based untraceable blind signature (BS), which disables the link between the e-coin and its owner and ensures the anonymity of both the customer and the merchant. It attaches an expiration, a deposit and the transaction dates to each e-coin in order to manage the database of the bank effectively, to correctly calculate the interest on the e-coin and to aid arbitration if a dishonest customer attempts to double-spend the coin. It also ensures the anonymity of the customer as long as the coin is spent legitimately. Only when a fraudulent e-coin transaction is detected can the bank, with the help of the central authority (a trusted entity), determine the identity of the dishonest customer. The system is referred to as offline since the bank does not need to be concurrently involved in transactions between a customer and a merchant. Finally, analyses of the performance of the prototype and the primary security requirements of the proposed system are also presented.

• Proceedings of the Korean Institute Of Construction Engineering and Management
• /
• autumn
• /
• pp.54-62
• /
• 2001

Although claims and disputes may be never avoided in construction industry, until 1998, there are no systematic claims in the public sector in Korea. But, because of IMF, Contractors have been recognized that cost management is essential factor and contractual right can be demanded against the Public Orderer. Many affirmative effect such as, appearance of new professional service, prevention of lower quality construction, restrain of unnecessary budget expenditure, arrangement of duplicated or triplicated liability and revision of unnecessary administrative control may be anticipated through alleging claims, but in site representative manager and construction company may have ambiguous fear, somebody tried to allege claims. Therefore, to activate systematic construction claims, 32 public construction project claims alleged by contractors from 1998 to 2001 were analyzed, inactivated reasons of claims were examined and contractor's action plan to allege claims was suggested in this paper.

• Korean Parent-Child Health Journal
• /
• v.6 no.2
• /
• pp.159-168
• /
• 2003

The purpose of this study was to provide the basic data for developing a program for effective prevention for postpartum depression (PPD) by investigate the level of PPD in postpartum women. The subjects were 104 women. The data were collected from march, 2003 to June, using a 36 item questionnaire and analyzed by SPSS program for t-test, ANOVA, multiple regression. The results were as follow 1. The score of Postpartum depression was 44.1. The level of PPD according to General Characteristics was significantly difference according to home care need. 2. The level of PPD according to obstetrical characteristics was significantly differences according to postpartum complication(p<.05). depression in pregnancy(p<.01), baby's health state(p<.01). 3. The variables to predict postpartum depression in postpartum women are depression related to depression during pregnancy, complication after delivery, and a baby's condition. As the result of multiple regression analysis, variables bringing about postpartum discomfort were depression during pregnancy, complication after delivery, and a baby's condition, and this model showed the explanatory power at 28.8%. In conclusion, it is necessary to care mothers belonging to a risk group more concentrically by taking the factors causing postpartum depression into account, and to keep on studying repeatedly in order to raise the number of objects and to find related variables because this study has more or less limited objects not enough to generalize a bit. It is also necessary to study to make a program of arbitration in nursing of postpartum depression actually.

• The Journal of Korean Institute of Communications and Information Sciences
• /
• v.38B no.6
• /
• pp.435-445
• /
• 2013

One of the most challenging issues in radio frequency identification (RFID) and near field communications (NFC) is to correctly and quickly recognize a number of tag IDs in the reader's field. Unlike the probabilistic anti-collision schemes, a query tree based protocol guarantees to identify all the tags, where the distribution of tag IDs is assumed to be uniform. However, in real implements, the prefix of tag ID is uniquely assigned by the EPCglobal and the remaining part is sequentially given by a company or manufacturer. In this paper, we propose an enhanced M-ary query tree protocol (EMQT), which effectively reduces unnecessary query-response cycles between similar tag IDs using m-bit arbitration and tag expectation. The theoretical analysis and simulation results show that the EMQT significantly outperforms other schemes in terms of identification time, identification efficiency and communications overhead.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.47
• /
• pp.129-156
• /
• 2010

Since the 1970s, international construction employers have commonly requested first demand guarantees upon their contractors as a form of security for due performance of their works. Contractors prefer the greater protection offered by more traditional forms of security requiring presentation of an arbitral award or other evidence of the caller's entitlement to compensation. Many contractors nonetheless feel that they have no alternative but to provide these unconditional guarantees in order to compete. However, these unconditional first demand guarantees are controversial and have given rise to numerous disputes both in arbitration and litigation. Disputes arising from first demand guarantees can be broken down into a) applications to prevent a perceived fraudulent or otherwise unfair or improper calling of a guarantee, b) claims arising from such abusive calls and c) claims relating to the consequences of such calls even if the call itself may not be abusive as such. The contractors should carefully assess the risk of an abusive call being made bearing in mind the difficulties he may face in seeking to prevent such a call. He should also bear in mind the difficulties, delays and cost he is likely to encounter in seeking to recover any monies wrongfully called. One option would be to provide that the call can only be made once and to the extent that the employer's damages have been assessed or even incurred or even for the default to have been established by an arbitral tribunal or court. Another option would be to provide that any call be accompanied by a decision of a competent and impartial third party stating that the contractor is in breach. For example, such a requirement could be incorporated into a construction contract based on the FIDIC Conditions by submitting this decision to a Dispute Adjudication Board. Another option would be to provide for the "ICC Counter-Guarantee Scheme". In sum, there would appear to be room for compromise between the employer and the contractor in respect of first demand guarantees by conditioning the entitlement to call such guarantees to the determination of a competent and impartial third party.