• Title/Summary/Keyword: 수적법

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Permission of the Claim that Prohibits Military Aircraft Operation Nearby Residential Area - Supreme Court of Japan, Judgement Heisei 27th (Gyo hi) 512, 513, decided on Dec. 8, 2016 - (군사기지 인근주민의 군용기 비행금지 청구의 허용 여부 - 최고재(最高裁) 2016. 12. 8. 선고 평성(平成) 27년(행(行ヒ)) 제512, 513호 판결 -)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.45-79
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    • 2018
  • An increase of airplanes and military aircraft operation lead to significant demanding of residential claims by people who live in nearby airports and military bases due to noise, vibration and residential damages caused by aircraft operations. In recent years, a plaintiff has filed a lawsuit against the defendant, claiming the prohibition of using claimant's possessed land as a helicopter landing route, and the Daejeon High Court was in favour of the plaintiff. Although the Supreme Court later dismissed the Appeal Court decision, it is necessary to discuss the case of setting flight prohibited zone. In Japan, the airport noise lawsuits have been filed for a long time, mainly by environmental groups. Unlike the case that admitted residential damages caused by noise, the Yokohama District Court for the first time sentenced a judgment of the prohibition of the flight. This ruling was partially changed in the appellate court and some of the plaintiffs' claims were adopted. However, the Supreme Court of Japan finally rejected such decision from appeal and district courts. Atsugi Base is an army camp jointly used by the United States and Japan, and residents, live nearby, claim that they are suffering from mental damage such as physical abnormal, insomnia, and life disturbance because of the noise from airplane taking off and landing in the base. An administrative lawsuit was therefore preceded in the Yokohama District Court. The plaintiff requested the Japan Self-Defense Forces(hereinafter 'JSDF') and US military aircraft to be prohibited operating. The court firstly held the limitation of the flight operation from 10pm to 6am, except unavoidable circumstance. The case was appealed. The Supreme Court of Japan dismissed the original judgment on the flight claim of the JSDF aircraft, canceled the first judgment, and rejected the claims of the plaintiffs. The Supreme Court ruled that the exercise of the authority of the Minister of Defense is reasonable since the JSDF aircraft is operating public flight high zone. The court agreed that noise pollution is such an issue for the residents but there are countermeasures which can be taken by concerned parties. In Korea, the residents can sue against the United States or the Republic of Korea or the Ministry of National Defense for the prohibition of the aircraft operation. However, if they claim against US government regarding to the US military flight operation, the Korean court must issue a dismissal order as its jurisdiction exemption. According to the current case law, the Korean courts do not allow a claimant to appeal for the performance of obligation or an anonymous appeal against the Minister of National Defense for prohibiting flight of military aircraft. However, if the Administrative Appeals Act is amended and obligatory performance litigation is introduced, the claim to the Minister of National Defense can be permitted. In order to judge administrative case of the military aircraft operation, trade-off between interests of the residents and difficulties of the third parties should be measured in the court, if the Act is changed and such claims are granted. In this connection, the Minister of National Defense ought to prove and illuminate the profit from the military aircraft operation and it should be significantly greater than the benefits which neighboring residents will get from the prohibiting flight of military aircraft.

Stock Assessment and Management Implications of the Korean aucha perch (Coreoperca herzi) in Freshwater: (2) Estimation of Potential Yield Assessment and Stock of Coreoperca herzi in the Mid-Upper System of the Seomjin River (담수산 어류 꺽지 (Coreoperca herzi)의 자원 평가 및 관리 방안 연구: 섬진강 중.상류 수계에서 꺽지의 자원량 및 잠재생산량 추정 (2))

  • Jang, Sung-Hyun;Ryu, Hui-Seong;Lee, Jung-Ho
    • Korean Journal of Ecology and Environment
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    • v.44 no.2
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    • pp.172-177
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    • 2011
  • The study sought to determine the efficient management of Korean aucha perch by estimating the potential yield (PY), which means the maximum sustainable yield (MSY) based on the optimal stock, in the mid-upper region of the Seomjin River watershed from August 2008 to April 2009. The stock assessment was conducted by the swept area method and PY was estimated by a modified fisheries management system based on the allowable biological catch. Also, the yield-per-recruit analysis (Beverton and Holt, 1957) was used to review the efficient management of resource, Coreoperca herzi. The age at first capture ($t_c$) was 1.464 age and converted body length was 7.8 cm. Concerning current fishing intensities, the instantaneous coefficient of fishing mortality (F) was estimated to be 0.061 $year^{-1}$; yield-per-recruit analysis estimated the current yield per recruit as 4.124 g with F and $t_c$. The fishing mortality of Allowable Biological Catch ($F_{ABC}$) based on the current $t_c$ and F was estimated to be 0.401 $year^{-1}$, therefore, the optimum fishing intensities could be achieved at the higher fishing intensity for Coreoperca herzi. The calculated annual stock of Coreoperca herzi was 3,048 kg, the potential yield was estimated to be 861 kg with $t_c$ and $F_{ABC}$ at the fixed current level. Using yield-per-recruit analysis, if F and $t_c$ were set at 0.643 $year^{-1}$ and 3 age, respectively, the yield per recruit would be predicted to increase 3.4-fold, from 4.12 g to 13.84 g.

The Case on Valuation of IT Enterprise (IT 기업의 가치평가 사례연구)

  • Lee, Jae-Il;Yang, Hae-Sul
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.8 no.4
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    • pp.881-893
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    • 2007
  • IT(Information Technology)-based industries have caused a recent digital revolution and the appearance of various types' information service, being largely expanded toward info-communication device company, info-communication service company, software company etc.. Therefore, the needs to evaluate the company value of IT business for M&A or liquidation are growing tremendously. Unlike other industries, however, IT industry has a short lift cycle and so it doesn't have not only a company value-evaluating model for general businesses but the objective one for IT companies yet. So, this thesis analyzes various value-evaluating technique and newly rising ROV. DCF, the change method of company's cash flow including tangible assets into future value, had been applied during the past industrialization economy era and has been persuasively applied to the present. However, the DCF valuation has no option but to make many mistakes because IT companies have more intangible assets than tangible assets. Accordingly, it is ROV, recognized as the new method of evaluating companies' various options normally and quantitatively, that is brought up recently. But the evaluation on the companies' various options is too subjective and theoretical up to now and due to the lack of objective ground and options, it's not possible to be applied to reality. In this thesis, it is found that ROV is more accurate than DCF, comparing DCF and ROV through four examples. As the options applied to ROV are excessively limited, we tried to develop ROV into a new method by deriving five invisible value factors within IT companies. Therefore, on this occasion, we should set up the basic valuation methods on IT companies and should research and develop an effective and various valuation methods suitable to each company like an internet-based company, a S/W developing enterprise, a network-related company among IT companies.

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Analysis of Factors Influencing the Integrated Bolus Peak Timing in Contrast-Enhanced Brain Computed Tomographic Angiography (Computed Tomographic Angiography (CTA)의 검사 시 조영제 집적 정점시간에 영향을 미치는 특성 인자를 분석)

  • Son, Soon-Yong;Choi, Kwan-Woo;Jeong, Hoi-Woun;Jang, Seo-Goo;Jung, Jae-Yong;Yun, Jung-Soo;Kim, Ki-Won;Lee, Young-Ah;Son, Jin-Hyun;Min, Jung-Whan
    • Journal of radiological science and technology
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    • v.39 no.1
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    • pp.59-69
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    • 2016
  • The objective of this study was to analyze the factors influencing integrated bolus peak timing in contrast-enhanced computed tomographic angiography (CTA) and to determine a method of calculating personal peak time. The optimal time was calculated by performing multiple linear regression analysis, after finding the influence factors through correlation analysis between integrated peak time of contrast medium and personal measured value by monitoring CTA scans. The radiation exposure dose in CTA was $716.53mGy{\cdot}cm$ and the radiation exposure dose in monitoring scan was 15.52 mGy (2 - 34 mGy). The results were statistically significant (p < .01). Regression analysis revealed, a -0.160 times decrease with a one-step increase in heart rate in male, and -0.004, -0.174, and 0.006 times decrease with one-step in DBP, heart rate, and blood sugar, respectively, in female. In a consistency test of peak time by calculating measured peak time and peak time by using the regression equation, the consistency was determined to be very high for male and female. This study could prevent unnecessary dose exposure by encouraging in clinic calculation of personal integrated peak time of contrast medium prior to examination.

Application and Comparative Analysis of River Discharge Estimation Methods Using Surface Velocity (표면유속을 이용한 하천 유량산정방법의 적용 및 비교 분석)

  • Jae Hyun, Song;Seok Geun Park;Chi Young Kim;Hung Soo Kim
    • Journal of Korean Society of Disaster and Security
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    • v.16 no.2
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    • pp.15-32
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    • 2023
  • There are some difficulties such as safety problem and need of manpower in measuring discharge by submerging the instruments because of many floating debris and very fast flow in the river during the flood season. As an alternative, microwave water surface current meters have been increasingly used these days, which are easy to measure the discharge in the field without contacting the water surface directly. But it is also hard to apply the method in the sudden and rapidly changing field conditions. Therefore, the estimation of the discharge using the surface velocity in flood conditions requires a theoretical and economical approach. In this study, the measurements from microwave water surface current meter and rating curve were collected and then analyzed by the discharge estimation method using the surface velocity. Generally, the measured and converted discharge are analyzed to be similar in all methods at a hydraulic radius of 3 m or over or a mean velocity of 2 ㎧ or more. Besides, the study computed the discharge by the index velocity method and the velocity profile method with the maximum surface velocity in the section where the maximum velocity occurs at the high water level range of the rating curve among the target locations. As a result, the mean relative error with the converted discharge was within 10%. That is, in flood season, the discharge estimation method using one maximum surface velocity measurement, index velocity method, and velocity profile method can be applied to develop high-level extrapolation, therefore, it is judged that the reliability for the range of extrapolation estimation could be improved. Therefore, the discharge estimation method using the surface velocity is expected to become a fast and efficient discharge measurement method during the flood season.