• Title/Summary/Keyword: strong law

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The U.S. Contract Law Defenses in Consumer Arbitration Agreement (소비자중재합의의 미국계약법상 항변)

  • Ha, Choong-Lyong
    • Journal of Arbitration Studies
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    • v.20 no.2
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    • pp.151-171
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    • 2010
  • This paper investigates the consumer arbitration practices In the U.S. The key issue in consumer arbitration is how to protect the individual consumers from the loss of their legal rights stemming from the arbitration agreement with the business. In the U.S., the major legal doctrines to protect individual consumer include the voluntary-knowing-intelligent doctrine, unconscionability doctrine, and void contract. Even though the US courts are favorable to the enforceability of arbitration agreement, they strictly apply the contract law theories in deciding the existence of arbitration agreement, providing a strong common law protection for the consumers in arbitration. However, the practices for protection of consumers in arbitration in Korea are not mature yet. If consumer arbitration is widely adopted into B to C contracts, a protective measure for individual consumer can be found in the Act of Clause Regulation providing that the business has duty to explain the relevant clause in the adhesive contracts.

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Characteristics of Aesthetic Plastic Surgery (미용성형수술의 특수성)

  • Baek, Kyoung-Hee
    • The Korean Society of Law and Medicine
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    • v.9 no.1
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    • pp.505-534
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    • 2008
  • Aesthetic plastic surgery rarely has the lifesaving, the medical necessity, and the emergency, because it was executed in order to acquire personal satisfaction in the external features. In addition, aesthetic plastic surgery has the strong commerciality in that it is based on the attraction of a client through medical advertisement and the range of uninsurance. These characteristics cause whether aesthetic plastic surgery is included in medical procedure and the legal contract between physician and client is controversial issue. Also, attention and explanation in aesthetic plastic surgery are more emphasized than those in general medical procedure. According, this document presents the various characteristics of aesthetic plastic surgery, which differs from that of general medical procedure.

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A study on Strategy of Korea-U.S.A. FTA Negotiation in Cosmetics Industry and Reformation of Cosmetics Law (한국 화장품산업의 한.미 FTA 통상협상전략과 관련 법규 개선방향에 관한 연구)

  • Park, Sang-Gi
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.34
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    • pp.189-223
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    • 2007
  • In Korea-U.S.A. FTA Negotiation, U.S.A. request to eliminate barriers of tariffs and non-tariff in trade of cosmetics. Korea applies tariffs of 8% on most cosmetics and personal care products. There are some non-tariffs barriers in cosmetics trade between Korea and U.S.A., for example, transparency on restriction and regulatory, cosmeceuticals, import clearance review, quality control testing, ingredient labelling. Tariffs of 8% on most cosmetics should be eliminated, a proviso of complementary measures on sanitation of Korean people about imported cosmetics. This is a meaning of reformation of prior management(tariffs) by strong ex post management in cosmetics trade. It is important that Korea should construct system of ex post management, for instance, construction of data base on manufacturer, importer, bland name of cosmetics and all ingredients of cosmetics. This is concerned with labelling of cosmetics and cosmeceutical and publication of Korean edition of INCI(International Nomenclature of Cosmetic Ingredient).

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The Effect on Firm's Effort to Correct Discrimination against Fixed-term Workers of Articles Regarding Prohibition or Correction of Discrimination in the Fixed-term Worker Protection Law (차별시정에 관한 법률이 기업들의 차별시정 노력에 미친 영향)

  • Choi, Hyung-Jai
    • Journal of Labour Economics
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    • v.34 no.3
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    • pp.81-117
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    • 2011
  • This study examined how firms responded to the articles regarding the prohibition or correction of discrimination against fixed-term workers in the 'fixed-term worker protection law', which has been effective since July of 2007 in Korea. Data used cone from the Korean Workplace Survey, and a difference-in-differences method was employed for the identification of the causal effect, noting that the 'discrimination prohibition law' has been applied to firms over stages based on their sizes. The empirical results show no strong evidence that the law played a positive role in reducing differentials between permanent workers and fixed-term workers in the areas of wage and various employee benefits, including the provision of severance pay, annual leave, and 4 major social insurances for fixed-term workers. A more thorough future analysis on the causes of the insignificant impact of the law in some employee welfare benefits, along with supplemental policies, is needed to have the law achieve the desired goal of removing discrimination at the workplace.

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A summertime near-ground velocity profile of the Bora wind

  • Lepri, Petra;Kozmar, Hrvoje;Vecenaj, Zeljko;Grisogono, Branko
    • Wind and Structures
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    • v.19 no.5
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    • pp.505-522
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    • 2014
  • While effects of the atmospheric boundary layer flow on engineering infrastructure are more or less known, some local transient winds create difficulties for structures, traffic and human activities. Hence, further research is required to fully elucidate flow characteristics of some of those very unique local winds. In this study, important characteristics of observed vertical velocity profiles along the main wind direction for the gusty Bora wind blowing along the eastern Adriatic coast are presented. Commonly used empirical power-law and the logarithmic-law profiles are compared against unique 3-level high-frequency Bora measurements. The experimental data agree well with the power-law and logarithmic-law approximations. An interesting feature observed is a decrease in the power-law exponent and aerodynamic surface roughness length, and an increase in friction velocity with increasing Bora wind velocity. This indicates an urban-like velocity profile for smaller wind velocities and rural-like velocity profile for larger wind velocities, which is due to a stronger increase in absolute velocity at each of the heights observed as compared to the respective velocity gradient (difference in average velocity among two different heights). The trends observed are similar during both the day and night. The thermal stratification is near neutral due to a strong mechanical mixing. The differences in aerodynamic surface roughness length are negligible for different time averaging periods when using the median. For the friction velocity, the arithmetic mean proved to be independent of the time record length, while for the power-law exponent both the arithmetic mean and the median are not influenced by the time averaging period. Another issue is a large difference in aerodynamic surface roughness length when calculating using the arithmetic mean and the median. This indicates that the more robust median is a more suitable parameter to determine the aerodynamic surface roughness length than the arithmetic mean value. Variations in velocity profiles at the same site during different wind periods are interesting because, in the engineering community, it has been commonly accepted that the aerodynamic characteristics at a particular site remain the same during various wind regimes.

A convergence of fuzzy random variables

  • Hong, Dug-Hun
    • Journal of the Korean Data and Information Science Society
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    • v.14 no.1
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    • pp.75-82
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    • 2003
  • In this paper, a general convergence theorem of fuzzy random variables is considered. Using this result, we can easily prove the recent result of Joo et al. (2001) and generalize the recent result of Kim(2000).

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A NOTE ON FELLER`S THEOREM

  • Hong, dug-Hun
    • Communications of the Korean Mathematical Society
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    • v.14 no.2
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    • pp.425-428
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    • 1999
  • In this note we have generalization of Feller`s theorem to real separable Banach spaces, from which we obtain easily Chow-Robbins “fair" games problem in the Banach spaces.aces.

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CONVERGENCE RATE IN STRONG LAW FOR ARRAYS OF ROWWISE AANA RANDOM VARIABLES

  • Han, Kwang-Hee
    • Journal of the Chungcheong Mathematical Society
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    • v.26 no.1
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    • pp.137-145
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    • 2013
  • In this paper we obtain the complete convergence of weighted sums of asymptotically almost negatively associated random variables. Some previous known results for negatively associated random variables are generalized to asymptotically almost negative association case.