• Title/Summary/Keyword: Art law

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Berufsverbot als eine Sicherungsmaßregel in Deutschland (보안처분으로서 독일의 직업금지명령 - 의사의 범죄에 대한 대응을 중심으로 -)

  • Lee, Seok-Bae
    • The Korean Society of Law and Medicine
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    • v.22 no.1
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    • pp.27-55
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    • 2021
  • Bisher wurde kein Beruf zwischen Recht und Berufsethik so diskutiert wie Ärzte. Diskussionen über die Qualifikation(od. Approbation) von Ärzten sind nicht nur eine Frage Koreas, sondern in den meisten zivilisierten Ländern ein wichtiges Diskussionsthema, wenn ein Arzt insbesondere für eine Straftat bestraft wird. Vor kurzem hat sich die koreanische Ärztekammer (the Korean Medical Association) weitgehend gegen das, "Entwurf eines Gesetzes zur Reform des Medizingesetzes" stark ausgesprochen, das die Grunde für den Entzug einer Approbation für ein Verbrechen eines Arztes erweitert. Vor allem wird auf die Gefahr hingewiesen, eine Approbation für Straftaten zu entziehen, die nicht mit beruflichen Pflichten zusammenhängen. Es ist jedoch vernünftig, den Beruf bzw. das Gewerbe zu verbieten, wenn ein Fachmann unter Missbrauch seines Beruf oder grober Pflichtverletzung die Tat begangen hat und die Gefahr bestehet, dass er bei weiterer Ausübung seines Berufs erhebliche rechtswidrige Taten der bezeichneten Art begangen wird. Die Untersagung der Berufsausübung soll die Allgemeinheit gegen die spezifischen Gefahren schützen, die mit der Ausübung eines Berufs oder Gewebes verbunden sind. Da das Berufsverbot nur die Berufsausübung untersagt, die Approbation selbst aber bestehen lässt, kann die Approbationsbehörde in eigener Entscheidungskompetenz die Approbation zurücknehmen, wiederrufen, oder in Ruhen anordnen. Entsprechend dem Verhätnismäßigkeitsgrundsatz ist aber auch das Berufsverbot auf bestimmte Tätigkeiten im Bereich des Berufs zu beschränken, wenn dies zur Erreichung des Maßregelzwecks, dem schutz der Allgemeinheit, ausreichend ist. In diesem Beitrag wurden die Voraussetzunen des Berufsverbots und die tatsächlich an Ärzte bzw. medizinische Personal gerichteten Fälle untersucht.

Strength Properties and Elastic Waves Characteristics of Silicon Carbide with Damage-Healing Ability (손상치유 능력을 가지는 탄화규소의 강도 특성과 탄성파 특성)

  • KIM MI-KYUNG;AHN BYUNG-GUN;KIM JIN-WOOK;PARK IN-DUCK;AHN SEOK-HWAN;NAM KI-Woo
    • Proceedings of the Korea Committee for Ocean Resources and Engineering Conference
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    • 2004.05a
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    • pp.337-341
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    • 2004
  • Engineering ceramics have superior heat resistance, corrosion resistance, and wear resistance. Consequently, these art significant candidates for hot-section structural components of heat engine and the inner containment of nuclear fusion reactor. Besides, some of them have the ability to heal cracks and great benefit can be anticipated with great benefit the structural engineering field. Especially, law fracture toughness of ceramics supplement with self-healing ability. In the present study, we have been noticed some practically important points for the healing behavior of silicon nitride, alumina, mullite with SiC particle and whisker. The presence of silicon carbide (SiC) in ceramic compound is very important for crack-healing behavior. However, self-healing of SiC has not been investigated well in detail yet. In this study, commercial SiC was selected as sample, which can be anticipated in the excellent crack healing ability. The specimens were produced three-point bending specimen with a critical semi-circular crack of which size that is about $50-700{\mu}m$. Three-point bending test and static fatigue test were performed cracked and healed SiC specimens. A monotonic bending load was applied to cracked specimens by three-point loading at different temperature. The purpose of this paper is to report Strength Properties and Elastic Waves Characteristics of Silicon Carbide with Crack Healing Ability.

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Close Relations between Arbitration and State Court in each Procedural Stage -With an Emphasis on International Arbitration Agreement- (중재와 법원 사이의 역할분담과 절차협력 관계 -국제적 중재합의 효력에 관한 다툼과 중재합의관철 방안을 중심으로-)

  • Kim, Yong-Jin
    • Journal of Arbitration Studies
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    • v.27 no.1
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    • pp.85-106
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    • 2017
  • This article deals with the relationship between arbitration and state court in each procedural stage. As most legal systems over the world respect arbitration agreement, the relationship between arbitration and state courts puts emphasis on party autonomy and provides the independent power of arbitration agreement tribunal (Kompetenz-Kompetenz). Most institutional arbitration rules the arbitral tribunal to rule on its own jurisdiction. Modern national laws have similar provisions based on Art. 16 UNCITRAL Model Law. In this regards the author throws a question in Chapter II, whether the doctrine of Kompetenz-Kompetenz, namely the ability of the tribunal to decide upon its own jurisdiction is worth while persisting, and whether the Kompetenz-Kompetenz-agreement should be regarded as valid, with the conclusion, that this doctrine should concede to the power of state court and that Kompetenz-Kompetenz-Klausel is invalid. In Chapter III the author discusses the issue of whether the breach of an arbitration agreement could lead to the compensation of damage. Although the author stands for the procedural character of arbitration agreement, he offers a proposal that the breach of an arbitration agreement bring about the compensation of damage. The issue of anti-suit injunction is discussed also in this Chapter. He is against the approval of anti-suit injunction based on an arbitration agreement resisting the other party from pursuing a lawsuit in a foreign country.

An Analysis of the Place Branding Methods for Regenerated Idle Industrial Facilities (재생 유휴산업시설의 플레이스 브랜딩 방법 분석)

  • Cho, Youn-Joo;Shin, Kyung-Joo
    • Korean Institute of Interior Design Journal
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    • v.24 no.1
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    • pp.54-63
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    • 2015
  • This study aims to suggest the place branding methods applicable for regenerated idle industrial facilities. The place branding methods were analyzed by separating into hard branding methods and soft branding methods, and the results of the study are as follows: As for the hard branding methods, the exterior, outer wall materials and interior materials of the building and industrial equipment are preserved to revive the historicity of the building. In order to organize a differentiated space, it is important to create the convenience space such as cafes, experience space, lounge, and restaurants as well as the space for the operation of the programs. The building itself is utilized as a landmark or the iconic facility such as the winding tower or chimney is utilized as a landmark. As the methods of introducing natural elements, there is a need to create the resting space, law area and water space where trees can be planted and landscape can be viewed, and the development of tourism products utilizing the peripheral resources and the link of programs are also important. As for the soft branding methods, the provision of programs where a variety of art genres and the sense of place are reflected and the programs linked to the region is needed, and the story of place can be shared by storytelling utilizing the work and programs reflecting the sense of place. In addition, the content development and physical improvement of facilities reflecting the needs of visitors and the establishment of the organic collaboration system of a variety of subjects are needed for the sustainability of place.

Welfare of Video Production Professionals in Accordance with Enforcement of Artist Welfare Act (예술인 복지법 시행에 따른 영상제작 종사자의 복지)

  • Kim, Jong-Guk
    • The Journal of the Korea Contents Association
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    • v.14 no.2
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    • pp.247-256
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    • 2014
  • "Artist Welfare Act" from the November 18, 2012 is being implemented. However, in the field of traditional culture and art the artists are the subject of a variety of policies by the newly launched Korean Artist Welfare Foundation Artists, but most of video production professionals are not aware of law enforcement and their legal status is ambiguous. This research raised the issue of poor video production workers welfare, and to seek the ways took a look at the key information of "Artist Welfare Act" and social issues. To this end, by in-depth interviews with video workers I analyzed the relationship between the parties, such as comments about the issues. Accordingly, a wide range of video production to reflect the welfare of workers in the "Artist Welfare Act" of the amendment shall be made. Above all, this should be reflected in measures to raise funds for artist welfare.

In-construction vibration monitoring of a super-tall structure using a long-range wireless sensing system

  • Ni, Y.Q.;Li, B.;Lam, K.H.;Zhu, D.P.;Wang, Y.;Lynch, J.P.;Law, K.H.
    • Smart Structures and Systems
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    • v.7 no.2
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    • pp.83-102
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    • 2011
  • As a testbed for various structural health monitoring (SHM) technologies, a super-tall structure - the 610 m-tall Guangzhou Television and Sightseeing Tower (GTST) in southern China - is currently under construction. This study aims to explore state-of-the-art wireless sensing technologies for monitoring the ambient vibration of such a super-tall structure during construction. The very nature of wireless sensing frees the system from the need for extensive cabling and renders the system suitable for use on construction sites where conditions continuously change. On the other hand, unique technical hurdles exist when deploying wireless sensors in real-life structural monitoring applications. For example, the low-frequency and low-amplitude ambient vibration of the GTST poses significant challenges to sensor signal conditioning and digitization. Reliable wireless transmission over long distances is another technical challenge when utilized in such a super-tall structure. In this study, wireless sensing measurements are conducted at multiple heights of the GTST tower. Data transmission between a wireless sensing device installed at the upper levels of the tower and a base station located at the ground level (a distance that exceeds 443 m) is implemented. To verify the quality of the wireless measurements, the wireless data is compared with data collected by a conventional cable-based monitoring system. This preliminary study demonstrates that wireless sensing technologies have the capability of monitoring the low-amplitude and low-frequency ambient vibration of a super-tall and slender structure like the GTST.

The Arbitrability of the Subject-matter of Punitive Damages (징벌적 손해배상의 중재적격)

  • Kang, Su-Mi
    • Journal of Arbitration Studies
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    • v.21 no.1
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    • pp.3-31
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    • 2011
  • In response to complexity and diversity of a social phenomenon, the dispute also is various, therefore can not be settled efficiently by means of court adjudication to which applies a law strictly. To overcome such problems we are going to seek to make use of arbitration. According to Korean Arbitration Act Art. 3 (1), any dispute in private laws would be the object of arbitral proceedings. It could be the object of arbitral proceedings that disputes which are capable of a settlement by arbitration. It is a matter for debate that disputes containing punitive damages may be resolved by arbitration. This problem is concerning the arbitrability of the subject-matter of a dispute. To offer some solution to these issues, it is necessary to inquire into the nature of punitive damages. the policy and function of alimony, the fair apportionment of a loss. Moreover, international relations formed with international transactions should be considered. Punitive damages would be the object of arbitral proceedings as the dipute in private laws. When punitive damages pursue only punishment in the domestic arbitration that there is not foreign factors, arbitral tribunal could not make arbitral award containing punitive damages. However, if punitive damages are admitted under the rules applicable to substance of dispute, and there is the arbitration agreement in which is implied that the parties agree to submit to an arbitral award, arbitral tribunal could make arbitral award containing punitive damages in international arbitration. When it is questionable whether it is offend against our public policy or not, that we accept the effect of arbitral award containing punitive damages, and we admit the enforcement of it, we have to take the nature of punitive damages, the policy and function of alimony, the fair apportionment of a loss and the stability of international transactions into consideration.

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A Research on Blockchain-based Copyright Protection for Computational Creativity (컴퓨터적 창의력을 위한 블록체인 기반 저작권 보호 연구)

  • Lee, Eun Mi
    • Journal of the Korea Convergence Society
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    • v.9 no.9
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    • pp.23-29
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    • 2018
  • Computational creativity is a field of artificial intelligence research to replicate creativity of human beings, creating works in various fields or helping human authors. The copyright of works produced by computational creativity has not been established in most countries yet, however, there will be the need for systems to protect the copyrights with the development of the technology in the future. In this paper, we propose a copyright protection system based on blockchain technology that protects the copyright of various contributors contributing to the creation of computer creative creativity, and transparently and safely records the contribution of copyrighted works. The proposed system records the contribution of all related works from the machine learning of computer creativity to the creation of the final work on the blockchain so that it is possible to establish quantitative evaluation criteria for the copyright when the future copyright law system is revised.

Forensic Engineering Study on Assessment of Damage to Pressure Vessel Because of CNG Vehicle Explosion (CNG 차량 폭발의 용기 손상 평가에 관한 법공학적 연구)

  • Kim, Eui-Soo
    • Transactions of the Korean Society of Mechanical Engineers A
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    • v.35 no.4
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    • pp.439-445
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    • 2011
  • Forensic Engineering is the art and science of professionals qualified to serve as engineering experts in courts of law or in arbitration proceedings. Buses using compressed natural gas (CNG) trend to be extended in use internationally as optimal counterplan for reducing discharge gas of light oil due to high concern about environment. However, CNG buses have to be equipped with composite pressure vessels (CPVs); since the CPVs contain compressed natural gas, the risks in the case of accident is very high. Hence, the investigation of such accidents is usually associated with engineering analysis. Among the possible reasons for such CNG explosion accidents is vehicle fire and vessel fracture. By conducting formal inspection and engineering tests, in this study, the cause of vessel explosion is investigated by analyzing the failure mechanism by fractography and by comparing the material properties of a reference part with those of a problem part by adopting instrumented indentation technique.

A Distributed Vertex Rearrangement Algorithm for Compressing and Mining Big Graphs (대용량 그래프 압축과 마이닝을 위한 그래프 정점 재배치 분산 알고리즘)

  • Park, Namyong;Park, Chiwan;Kang, U
    • Journal of KIISE
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    • v.43 no.10
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    • pp.1131-1143
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    • 2016
  • How can we effectively compress big graphs composed of billions of edges? By concentrating non-zeros in the adjacency matrix through vertex rearrangement, we can compress big graphs more efficiently. Also, we can boost the performance of several graph mining algorithms such as PageRank. SlashBurn is a state-of-the-art vertex rearrangement method. It processes real-world graphs effectively by utilizing the power-law characteristic of the real-world networks. However, the original SlashBurn algorithm displays a noticeable slowdown for large-scale graphs, and cannot be used at all when graphs are too large to fit in a single machine since it is designed to run on a single machine. In this paper, we propose a distributed SlashBurn algorithm to overcome these limitations. Distributed SlashBurn processes big graphs much faster than the original SlashBurn algorithm does. In addition, it scales up well by performing the large-scale vertex rearrangement process in a distributed fashion. In our experiments using real-world big graphs, the proposed distributed SlashBurn algorithm was found to run more than 45 times faster than the single machine counterpart, and process graphs that are 16 times bigger compared to the original method.