• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.3-37
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• 2020

The aircraft crew operating on international routes performs almost identical tasks as police officials in terms of dealing with the unlawful interference in the aircraft. This means that the liability question which is related to the law enforcement by the police officer may arise regarding the crew's performance of his or her duties. With regard to the carrier's liability due to the crew's unlawful action, there are distinctive characteristics from the liability due to police officers' unlawful action. In case of the claim for damages by the crew's unlawful action, the first question should be whether such action complies with the requirements under the Tokyo Convention 1963. If such action does not conform with the Tokyo Convention 1963, we should examine that claim under the State Compensation Act, the Montreal Convention 1999, and the Civil Act of Korea. The examination under the Tokyo Convention 1963 is not so different from the Korean Court's precedents. However, the court should consider the characteristics of the environment surrounding the crew. The action which is not indemnified under the Tokyo Convention 1963 should be examined under the tort laws. Because the aircraft crew is private persons entrusted with public duties under Korean Law, the State Compensation Act may apply. However, further studies regarding the harmonious interpretation with the Montreal Convention 1999 is needed. With regard to the carrier's liability, the Montreal Convention of 1999 should be applied to the crew's unlawful actions onboard. This is because the Montreal Convention of 1999 preempts the national law for the events that occurred during transportation, and there is no provision which excludes such unlawful actions from the scope of its application. On the other hand, the national law, such as the Civil Act of Korea, applies to unlawful actions taken after transportation. This is because the interpretation that infinitely expands the scope of the Montreal Convention 1999 should not be allowed. Given the foregoing, the standard of the claim for damages due to the crew's unlawful action varies depending on the place where the specific action was taken. As a result, the type of damage recoverable and the burden of proof also varies accordingly. Carriers and crew members must perform their duties with this in mind, but in particular, they should observe the proportionality, and when interpreting the law, it is necessary for the court or lawyer to consider the special characteristics of the work environment.

• Journal of Korean Association for Spatial Structures
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• v.4 no.2 s.12
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• pp.89-97
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• 2004

The objective of this study is the development of a scheme and discrete optimum design algorithm, which is based on the genetic algorithm. The algorithm can perform both scheme and size optimum designs of plane trusses. The developed Scheme genetic algorithm was implemented in a computer program. For the optimum design, the objective function is the weight of structures and the constraints are limits on loads and serviceability. The basic search method for the optimum design is the genetic algorithm. The algorithm is known to be very efficient for the discrete optimization. However, its application to the complicated structures has been limited because of the extreme time need for a number of structural analyses. This study solves the problem by introducing the size & scheme genetic algorithm operators into the genetic algorithm. The genetic process virtually takes no time. However, the evolutionary process requires a tremendous amount of time for a number of structural analyses. Therefore, the application of the genetic algorithm to the complicated structures is extremely difficult, if not impossible. The scheme genetic algorithm operators was introduced to overcome the problem and to complement the evolutionary process. It is very efficient in the approximate analyses and scheme and size optimization of plane trusses structures and considerably reduces structural analysis time. Scheme and size discrete optimum combined into the genetic algorithm is what makes the practical discrete optimum design of plane fusses structures possible. The efficiency and validity of the developed discrete optimum design algorithm was verified by applying the algorithm to various optimum design examples: plane pratt, howe and warren truss.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.133-162
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• 2019

Due to the nature of medical malpractice lawsuits, it is difficult for medical consumers, who are weak in getting information when it comes to health care problem, to secure all information inside the hospital. Even if you are confident about the hospital infection, it is true that people have difficult to obtain medical testimony by expert. It is seen as no easy task to testify to the malpractice of colleagues who work in the same field not only in our country but also abroad, when a doctor gives negative testimony to another doctor in a medical malpractice lawsuit. Although few health care providers will be motivated to take medical care from the outset, testimony or statements from a medical practitioner can have a significant impact on the outcome of a lawsuit, as it is impossible for the patient to control or be aware of the whole process of medical conduct, especially in the event of a hospital infection and the victim. If the hospital can prove the causality of damages caused by negligence of the employees or supervision of the hospital itself in a medical suit caused by the infection, the level of protection of the victim could be raised further. We sought to find a solution to these problems by looking at the provisions of other laws related to hospital infection. In particular, as the comparative legal review regarding hospital infection, Germany's legislative precedent sets a medical contract as a typical civil law contract, so it is thought that looking at German civil law regulations also has implications for Korean law. We also tried to improve the French Special Act 'rights of patients' and we can look at the consequent changes in court cases. Finally, the content of the U.S. case's and the theory of 'the doctrine of res ipsa loquitur' in relation to it show that doctors and hospitals have been forced to shift the burden of proof through this theory. This paper tried to find out the implications of mitigating the burden of proof by reviewing various issues that might be related to medical litigation of hospital infection from a comparative point of view.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.177-199
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• 2015

Commerce enriches human life enriched and within commerce, transportation of cargo is arguably the most important in business transactions. Traditionally, marine transport has been major commercial transaction, but carriage cargo by air is on the increase. While the fare for freight in comparison with that of ocean is higher, air freight has many benefits that justify the higher shipping fee; lower insurance premium, packing charges, inventory control, cost management and especially speed. Therefore, air freight transport is accumulating gradually. An air waybill(AWB) is needed in the air transport flow. It is a nonnegotiable security, so the holder cannot transfer of a right to a third party. Some scholars suggest that a negotiable AWB is needed. However, it seems nearly impossible to do so; an e-AWB use shows a gain in numbers, even if it has not met expectations. Going forward, it would appear reasonable to conduct a follow-up study on the utility and legal problem for e-AWB. After sending goods, the consignor has the right of disposition of cargo in some cases, and more research is necessary, because it is related to change of ownership and a trade settlement. According to WATS (World Airlines Transport Statistics), the Korean Air took third place in international freight in 2014, and fifth in total, domestic and international to great acclaim. However, there is a lack of research supporting the business showing. It is hope that more studies on e-AWB, stoppage in transit, and a risk of outstanding amount, etc. connect to develop Korean air freight industry.

• Journal of Korean Philosophical Society
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• v.144
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• pp.167-203
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• 2017

In this paper I will investigate the problems of the Ego of Kant, Husserl and $Yog{\bar{a}}c{\bar{a}}ra$ from the standpoint of $trisvabh{\bar{a}}va$ and the transformation of the basis of $Yog{\bar{a}}c{\bar{a}}ra$. Kant's Copernican revolution and Husserl's Phenomenological reduction are the keys to understanding their philosophies. We especially want to look into the comparison between the Ego of Kant, Husserl and $Yog{\bar{a}}c{\bar{a}}ra$. According to Kant, we need the transcendental Ego as absolute in order to unite consciousness. Kant criticizes traditional metaphysics which had argued that the metaphysicians regard the transcendental Ego as substance. If they regard the transcendental Ego as an empirical object, this attempt will be in vain, because they seek to know unknown things. Husserl's phenomenological reduction is properly understood as a method designed to transform a philosopher into a phenomenologist by virtue of the attainment of a certain perspective on the world phenomenon. We will find the field of the transcendental, absolute ego through phenomenological reduction. Transcendental, absolute ego constitutes our whole world and gives meaning to the world. $Yog{\bar{a}}c{\bar{a}}ra$ argues that what our ordinary consciousness (the sixth consciousness) regards subjectivity and objectivity as separate, or that self and the world is an imagination that $alaya-vij{\tilde{n}}ana$, the mind more profound than the ordinary consciousness, created. $Yog{\bar{a}}c{\bar{a}}ra^{\prime}s$ $alaya-vij{\tilde{n}}ana$ creates the whole objects and the consciousness (the sixth), so we must regard them as illusionary. $Yog{\bar{a}}c{\bar{a}}ra$ insists that there are three natures of mind and we attain the transformation of the basis in mind. Based on this point of view, Kant, Husserl and $Yog{\bar{a}}c{\bar{a}}ra$ want to transcend and overcome the limits of the ordinary consciousness, and then they want to find the absolute truth (everything) and want to be a men of freedom.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.247-280
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• 2020

For customs-free and liberalization on the trade of aircraft parts, the WTO Agreement on Trade in Civil Aircraft was separately concluded as plurilateral trade agreement at the time of launching WTO in 1995, and currently 33 countries including the United States and the EU are acceded but Korea does not. Major details of the Agreement on Trade in Civil Aircraft include product coverage, the elimination of customs duties and other charges, the prohibition of government-directed procurement of civil aircraft, the application of the Agreement on Subsides and Countervailing Measures, and the consultation on issues related to this Agreement and dispute resolution. Article 89 paragraph 6 of the current Customs Act was newly established on December 31, 2018, and the tariff reduction rate for imports of aircraft parts will be reduced in stages from May 2019 and the tariff reduction system will be abolished in 2026. Accordingly, looking at the impact of the Agreement on Trade in Civil Aircraft on the aviation industry, first, as for the impact on the air transport industry, an tariff allotment of the domestic air transport industry is expected to reach about 160 billion won a year from 2026, and upon acceding to the Agreement on Trade in Civil Aircraft, the domestic air transport industry will be able to import aircraft parts at no tariff, so it will not have to pay 3 to 8 percent import duties. Second, as for the impact on the aviation MRO industry, if the tariff reduction system for aircraft parts is phased out or abolished in stages, overseas outsourcing costs in the engine maintenance and parts maintenance are expected to increase, and upon acceding to the Agreement on Trade in Civil Aircraft, the aviation MRO industry will be able to import aircraft parts at no tariff, so it will reduce overseas outsourcing costs. If the author proposes a policy direction for the trade liberalization of aircraft parts to ensure competitiveness of the aviation industry, first, as for the tariff reduction by the use of FTA, in order to be favored with the tariff reduction by the use of FTA, it is necessary to secure the certificate of origin from foreign traders in the United States and the EU, and to revise the provisions of Korea-Singapore and Korea-EU FTA. Second, as for the push of acceding to the Agreement on Trade in Civil Aircraft, it would be resonable to push the acceding to Agreement on Trade in Civil Aircraft for customs-free on the trade of aircraft parts, as the tariff reduction method by the use of FTA has limits. Third, as for the improvement of the tariff reduction system for aircraft parts under the Customs Act, it is expected that there will take a considerable amount of time until the acceding to the Agreement on Trade in Civil Aircraft, so separate improvement measures are needed to continue the tariff reduction system of aircraft parts under Article 89 paragraph 6 of the Customs Act. In conclusion, Korea should accede to the WTO Agreement on Trade in Civil Aircraft to create an environment in which our aviation industry can compete fairly with foreign aviation industries and ensure competitiveness by achieving customs-free and liberalization on the trade of aircraft parts.

• Journal of the Korean Society of Food Science and Nutrition
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• v.45 no.10
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• pp.1488-1496
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• 2016

The purposes of this study were to analyze mothers' eating, cooking, and exercise habits based on their demographic characteristics and to examine the relationship between those habits and their late school-aged children's Broca index. A total of 393 questionnaires were mailed to the mothers of late school-aged children who registered at four elementary schools in the Seoul area, of which 159 participants (40.0%) completed questionnaires. Statistical data analyses were performed using SPSS/Win 21.0 for descriptive statistics, t-test ANOVA, and Pearson's regression coefficient. There was a statistically significant difference in mothers' cooking habit (F=3.920, P=0.022) and exercise habit (F=3.211, P=0.043) according to their educational level. Interestingly, 82.4% of mothers had a Broca index of less than 90% of normal body mass level. A significant positive correlation of Broca index between mothers and their late school-aged children (r=0.345, P<0.001) indicated that children whose mothers had a low body mass level also tended to have a low body mass level. In this study, late school-aged children's Broca index was not significantly related with mother's eating (r=-0.072, P=0.367) or exercise habits (r=-0.010, P=0.897) but was significantly related with their mother's cooking habits (r=-0.157, P=0.048). Considering there are few studies examining the impacts of mother's cooking habits on their children's appropriate body mass, the results suggest that developing an effective educational program to cultivate mothers' healthy cooking habits to improve school-aged children's health status is very important. The findings of this study provide important data that could be used when developing health education programs tailored to the multi-dimensional impacts of mothers' life habits on their last school-aged children's developmental health status.

• Journal of Embryo Transfer
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• v.19 no.2
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• pp.133-145
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• 2004

Serum-contain is commoly used for the production of in vitro-derived bovine embryos. However, were biological activity of serum varies from lot to lot, time consuming to choose better serum with good quality and risks of virus, bacteria and mycoplasma infection. This study established serum-free culture systems of in vitro embryo development to efficiently obtain a large number of blastocysts from ovaries of Hanwoo and oocytes maturation, cell number, tlerance of cryopreservation. Secondly, serum-contain medium is suspected of contributing to the large calf size, dystocia, cersarean sections, calf mortality and confirmed these blastocysts are high quality in terms of cyotolerance, high rates of pregancy and normal birth. For these reasons, Culture media (IVMD101 and IVD101) designed specifically for the preimplantation bovine embryo are rather simplistic, being based on salt solutions with additional energy substrates and growth factors. An improved serum-free medium (IVMD101) was developed for bovine oocytes maturation in vitro. Proportions of embryos developing to the blastocyst stage cultured in both IVD101(32.4%) and IVD101(34.5%) serum-free media were higher than in TCM199+10% FBS(12.4%) serumcontaining medium. Futhermore, the cell numbers per blastosyst obtained in the serum-free media were superior to those of blastocysts developed in serum-supplemented medium. Also, cell numbers of blastocysts obtained in the serum-free media were similar with blastocysts derived in vivo. Survival rate blastocysts after 24 hr incubation after thawing, the blastocysts cultured in both IVD101(94.5%) and IVD101(95.8%) serum-free media were higher than in TCM199+10% FBS (52.5%) serum-containing medium. After 72 hr incubation after thawing, hatching rates of blastocysts developed in IVD101(78.4%) and IVMD101(83.7%) were sighnificantly higher than that developed in the serum-supplemented medium(32.0%). The pregnancy rates almost not different between fresh blastocysts(38.2%) and frozen blastocysts(34.9%). The results suggested that the improved serum-free media(IVMD101 and IVD101) offer several advantages over culture in serum-cotaining medium, including increased rates of blastocyst formation and high cel numbers. Additionally, the survival and hatching rates of embryos product in serum-free media after post-thaw culture were superior to those of embryos produced in the serum-containg medium and useful for the production of high quality bovine embryos for cryo-preservation. These improved serum-free media are beneficial not only for the study of the mechanisms of early embryogenesis but also for mass production of good quality embryos for embryo transfer, cloning and transgenesis.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.4 no.1
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• pp.1-10
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• 1984

This dissertation presents an exact solution for the shearing and normal stresses of an orthotropic plane body loaded by a pairtial-uniform shear load. The solution satisfies the equilibrium and compatibility equations concurrently. An Airy stress function is introduced to solve the problem related to an orthotropic half-infinite plane under a partial-uniform shear load. All the equations for orthotropy must be degenerated into the expressions for isotropy when orthotropic constants are replaced by isotropic ones. The author has evaluated all the equations of orthotropy and succeeded in obtaining exactly identical expressions to the equations of isotropy which were derived independently by means of L'hospital's rule. The analytical results of, isotropy ate compared with the simple results of other investigator. Since a concentrated shear load is a particular case of partial-uniform shear load, all the equations of partial-uniform shear load case are degenerated into the expressions for concentrated load case of isotropy and orthotropy. The formal solution is expressed in terms of closed form. The numerical results for orthotropy are evaluated for two kinds and two different orientations of the grain of wood. The type of wood considered are three-layered plywood and laminated delta wood. The distribution of normal and shearing stresses are shown in figures. It is noted that the distribution of stresses of orthctropic materials dependson the type of materials and orientations of the grain.

• The Journal of Engineering Geology
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• v.7 no.3
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• pp.191-205
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• 1997

Measurements on subsurface movement of the Songsanri tomb site including the Muryong royal tomb was conducted using a tiltmeter system for the period of 15 months form July 7, 1996 to September 30, 1997. Two coordinate tilt monitoring data shows the biggest movement rate of 2.3mm/m/yr toward south in the frontal wall(N-S tilt) of the Muryong royal tomb. Southward tilting of bricks above the southern fire place in the western wall of the Muryong royal tomb is a proof of southward tilting of the royal tomb since its excavation in 1971. The eastern wall of the Muryong royal tomb is also tilting toward inside the tomb with the rate of 1.523mm/m/yr. Furthermore, tilting rate of wall increases twice in rainy season. It is interpreted tbat infiltration of water into the tomb and nearby ground in rainy season results in dangerous status for the safety of tomb structure. On the whole, normal component tilting of the walls of the 5th tomb is large than its shear component. It shows a small displacement toward one direction without no abrupt change in its direction and amount of tilting. The tilting rate of walls of the 6th tomb is about 8.8mm/m/yr in the dry season which is much bigger than those of other tombs in rainy season. Deformation events of walls of the tombs are closely related to amount of precipitation and variation of temperature. In comparison with different weather conditions, tilting is much bigger during the period of rainy weather than sunny weather. It is interpreted that rainwater flew into the turm through faults and nearby ground. High water content in nearby ground resulted strength of ground. The tilting event of walls shows a hysterisis phenomenon in analysis of temperature effect on tilting event. The walls tilt rapidly with steep rising of temperature, but the tilted walls do not come back to original position with temperature falling. Therefore, a factor of steep increase of the temperature must be removed. It means the tomb have to be kept with constant temperature. The observation of groundwater level using three boreholes located in construction site and original ground represented that groundwater level in construction site is higher than that of original ground during the rainy season from the end of June to August. It means that the drainage system of the Muryong royal tomb is worse than original ground, and it is interpreted that the poor drainage system is related to safety of tomb structure. As above mentioned, it is interpreted that artificial changes of the tomb environment since the excavation, infiltration of rainwater and groundwater into the tomb site and poor drainage system had resulted in dangerous situation for the tomb structure. According to the result of the long period observation for the tomb site, it is interpreted that protection of the tomb site from high water content should be carried out at first, and the rise of temperature by means of the dehumidifier inside the tomb must be removed.