• Title/Summary/Keyword: Case Law

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A Study on the Design Fire Model for Structural Fire Resistant Design in Buildings (건축구조물의 구조내화설계를 위한 설계화재모델에 관한 연구)

  • Kwon, Young-Jin
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2019.05a
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    • pp.256-257
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    • 2019
  • Recently, the fire risk of architectural structures is increasing due to the super high - rise and super - size of the buildings. Therefore, the direction of fire safety design tends to change from the existing design to the performance - based design. In particular, domestic fire safety policies are divided into building law and fire fighting law. In case of fire fighting law, performance design is already carried out. Therefore, this study summarizes the prediction formula for fire characteristics among the structural fireproofing design field as shown in Fig. 1 according to this situation, and compares it with the standard method of each country in particular.

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Influence of Carbonation for Chloride Diffusion in Concrete (탄산화 복합환경시 염소이온 확산에 관한 연구)

  • Oh Byung-Hwan;Lee Sung-Kyu;Lee Myung-Kue;Jung Sang-Hwa
    • Journal of the Korea Concrete Institute
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    • v.17 no.2 s.86
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    • pp.179-189
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    • 2005
  • Corrosion of steel due to chloride attack is a major concern in reinforced concrete structures which are located in the marine environments. In this case, Fick's 2nd law has been used for the prediction of chloride diffusion related with service life of concrete structures. However, those studies were confined mostly to the single deterioration due to chloride only, although actual environment is rather of combined type. The purpose of the present study is, therefore, to explore the influences of carbonation to chloride attack in concrete structures and to investigate the validity of Fick's law to chloride attack combined carbonation. The test results indicate that the chloride ion profiles from Fick's law using the diffusion coefficient of immersion tests is not reflected the effect of separation of chloride ions in carbonation region but valid in sound region in case of combined action. On the other hand, the chloride ion profiles from Fick's law using the diffusion coefficient of Tang and Nilsson's method coincide with test results under dry-wet condition but not under combined condition. The results of present study may Imply that the new method for the measurement of diffusion coefficient is required to predict the chloride ion profiles in case of combined action at early.

International Law Perspectives of Deploying ROK Naval Power On Dokdo - Focus On Effective Control of Dokdo - (독도의 해군력 배치에 관한 국제법적 검토 및 발전방향 - 실효적 지배 개념을 중심으로-)

  • Kim, Nam-Gu
    • Strategy21
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    • s.32
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    • pp.97-122
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    • 2013
  • The basic stance of the Republic of Korea Ministry of Foreign Affairs was 'quiet diplomacy'. However, there had been demands for specific plans for practical protection of Dokdo. In 2011, Prime Minister Kim Hwang Sik mentioned that they are reviewing measures of stationing marines on Dokdo, while on August 10th, 2012, former president Lee Myung Bak visited Dokdo. The visit itself was meaningful as he was the first supreme commander to visit Dokdo. This paper studies on the necessity of naval power on Dokdo to maintain its effective control. The effective control must be done by a national organization in a peaceful and unimpaired method. If so, can stationing naval power, whether directly or indirectly, on Dokdo be considered a violation of 'peaceful' method? A 'peaceful' effective of control meas the right of sovereignty over a territory without other country's protest. In such terms, protecting a territory falls under practicing the right of sovereignty, and therefore does not violate 'peaceful'. In addition, looking at international cases such as Ligitan/Sipadan Case and Pedra Blanca Case, evidences such as 'navy activity', 'flyng ensign', and 'military communication facility installation' was used. In ter case of Yemen-Eritrea dispute over Hanish, methods on effective control over island and sea was also ruled by the installation of military posts and military surveillance activities. Thus, stationing naval power on Dokdo can be a way of maintaining effective control per international law. To station naval poer on Dokdo, Presidential Instruction 24 integrated Defense Guideline Enforcement Ordinance, which is domestic law, must be revised. Reason being, the Enforcement Ordinance states that the navy area of responsibility excluded Ullundo, where Dokdo is under jurisdiction of Ullungdim thus excluding navy control. In addition, considering the diplomatic situation, it is more fut to install navy radar site on Dokdo rather than 'stationing marines'. In other words, enforcing surveillance in the vicinity of Dokdo and installing radar site instead of stationing direct combatants is one way of practicing effective control without stimulating diplomatic disputes.

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Whether the United States and the Republic of Korea were in a treaty relationship under the Warsaw Convention system -Chubb & Son, Inc. v. Asiana Airlines (2nd Cir. 2000)- (한미간(韓美間) 항공화물운송(航空貨物運送)에 관(關)한 공통조약관계(共通條約關係)의 존재(存在) 여부(與否)-Chubb & Son, Inc. v. Asiana Airlines (2nd Cir. 2000) 및 미국(美國)에서의 논의(論議)를 중심(中心)으로-)

  • Jeong, Jae-Joong
    • The Korean Journal of Air & Space Law and Policy
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    • v.16
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    • pp.160-196
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    • 2002
  • In this thesis. I have first introduced and studied Chubb & Son. Inc. v. Asiana Airlines. 214 F.3d 301 (2nd Cir. 2000). which held that at the time that the dispute in this case arose. there was no treaty relationship between the United States and South Korea under the Original Warsaw convention. the Hague Protocol. or a treaty consisting of those provisions of the Original Convention that were not amended by the Protocol. And I have analyzed U.S. government s position that was expressed in Brief for the United States as Amicus Curiae on petition for a writ certiorari to the 2nd Circuit on Chubb & Son case and 2nd Circuit s Fujitsu Limited v. Federal Express Corporation. 247 F.3d 423 (2001) which was held in a related question afterwards but was somewhat inconsistent with Chubb & Son s holding. Furthermore. I also examined U.S. government s measures which have been considered and taken to cope with consequences of Chubb & Son case's ruling. Lastly. I have examined several effects which Chubb & Son s ruling would give our nation s airlines and suggested our government's countermeasures.

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A Study on the Aviation Case Law - Focusing on the Air Carrier's Liability for Passenger - (항공판례의 연구 - 여객운송인의 책임을 중심으로 -)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.2
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    • pp.53-83
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    • 2007
  • The purpose of this paper is to study precedent cases of the Air carrier liability for passengers. The article 17 of Warsaw Convention (also in Montreal Convention article 17-1) provides the Air carrier liability for passengers which is the most essential part of the Air carrier liability. According to these Conventions, 1) the carrier is liable for damage sustained in case of death or bodily injury of a passenger. Precedents and theories have disagreements on whether the damage covers the mental injury as well. 2) The carrier is liable for damage sustained from aviation accident. The definition of 'aviation accident' is becoming problematic. 3) The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking. The question at issue is the range of the operations of embarking or disembarking. This paper introduces the precedents (also, the model precedents) about the carriers liability for passengers and related cases, so as to help understand the trend of judicial decisions. Furthermore, the cases, once took all of the attention of the international air carriers, concerned with the 'Economy class syndrome' (DVT : Deep Vein Thrombosis) are also presented. Under the new Montreal Convention, the carriers liability for passengers will continue to be the main issue. Thus it is required that academics as well as practical businesses may keep up their studies about this issue.

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Mechanical evolution law and deformation characteristics of preliminary lining about newly-built subway tunnel closely undercrossing the existing station: A case study

  • Huijian Zhang;Gongning Liu;Weixiong Liu;Shuai Zhang;Zekun Chen
    • Geomechanics and Engineering
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    • v.35 no.5
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    • pp.525-538
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    • 2023
  • The development of a city is closely linked to the construction and operation of its subway system. However, constructing a new subway tunnel under an existing station is an extremely complex task, and the deformation characteristics and mechanical behavior of the new subway tunnel during the excavation process can greatly impact the normal operation of the existing station. Although the previous studies about the case of underpass engineering have been carried out, there is limited research on the condition of a newly-built subway tunnel that closely undercrossing an existing station with zero distance between them. Therefore, this study analyzes the deformation law and mechanical behavior characteristics of the preliminary lining of the underpass tunnel during the excavation process based on the real engineering case of Chengdu Metro Line 8. This study also makes an in-depth comparison of the influence of different excavation methods on this issue. Finally, the accuracy of numerical simulation is verified by comparing it with on-site result. The results indicate that the maximum bending moment mainly occurs at the floor slab of the preliminary lining, while that of the ceiling is small. The stress state at the ceiling position is less affected by the construction process of the pilot tunnel. Compared to the all-in-one excavation method, although the process of partial excavation method is more complicated, the deformation of preliminary lining caused by it is basically less than the upper limit value of the standard, while that of the all-in-one excavation method is beyond standard requirements.

Shear correction factors of a new exponential functionally graded porous beams

  • Mohammed Sid Ahmed Houari;Aicha Bessaim;Tarek Merzouki;AhmedAmine Daikh;Aman Garg;Abdelouahed Tounsi;Mohamed A. Eltaher;Mohamed-Ouejdi Belarbi
    • Structural Engineering and Mechanics
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    • v.89 no.1
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    • pp.1-11
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    • 2024
  • This article introduces a novel analytical model for examining the impact of porosity on shear correction factors (SCFs) in functionally graded porous beams (FGPB). The study employs uneven and logarithmic-uneven modified porosity-dependent power-law functions, which are distributed throughout the thickness of the FGP beams. Additionally, a modified exponential-power law function is used to estimate the effective mechanical properties of functionally graded porous beams. The correction factor plays a crucial role in this analysis as it appears as a coefficient in the expression for the transverse shear stress resultant. It compensatesfor the assumption that the shear strain is uniform across the depth of the cross-section. By applying the energy equivalence principle, a general expression for static SCFs in FGPBs is derived. The resulting expression aligns with the findings obtained from Reissner's analysis, particularly when transitioning from the two-dimensional case (plate) to the one-dimensional case (beam). The article presents a convenient algebraic form of the solution and provides new case studies to demonstrate the practicality of the proposed formulation. Numerical results are also presented to illustrate the influence of porosity distribution on SCFs for different types of FGPBs. Furthermore, the article validates the numerical consistency of the mechanical property changesin FG beams without porosity and the SCF by comparing them with available results.

Reasoning Models in Physics Learning of Scientifically Gifted Students (과학영재의 물리개념 이해에 관한 사고모형)

  • Lee, Young-Mee;Kim, Sung-Won
    • Journal of The Korean Association For Science Education
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    • v.28 no.8
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    • pp.796-813
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    • 2008
  • A good understanding of how gifted science students understand physics is important to developing and delivering effective curriculum for gifted science students. This dissertation reports on a systematic investigation of gifted science students' reasoning model in learning physics. An analysis of videotaped class work, written work and interviews indicate that I will discuss the framework to characterize student reasoning. There are three main groups of students. The first group of gifted science students holds several different understandings of a single concept and apply them inconsistently to the tasks related to that concept. Most of these students hold the Aristotelian Model about Newton's second law. In this case, I define this reasoning model as the manifold model. The second group of gifted science students hold a unitary understanding of a single concept and apply it consistently to several tasks. Most of these students hold a Newtonian Model about Newton's second law. In this case, I define this reasoning model as the coherence model. Finally, some gifted science students have a manifold model with several different perceptions of a single concept and apply them inconsistently to tasks related to the concept. Most of these students hold the Aristotelian Model about Newton's second law. In this case, I define this reasoning model as the coherence model.

A Study of Folklore on the Traditional Wedding of the West Gyeong Nam District - Focused on 1920s~1950s - (서부경남지방의 전통혼례에 관한 민속학적 연구 - 1920~1950년대를 중심으로 -)

  • 정복남
    • The Research Journal of the Costume Culture
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    • v.8 no.6
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    • pp.871-886
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    • 2000
  • The purpose of this study is to understand the culture on the Traditional Wedding of the West Gyeong Nam District. The traditional wedding was characterized that the bridegroom visited his bride's house accompanied by his honored guests(上客) and the marriage ceremony was to be held in day time, and then the bridegroom became a son-in-law and stayed with the family for a few days. The bridegroom returned to his home, leaving his bride behind. After a certain period, the bride came to her husband's home as a daughter-in-law. The Traditional Wedding costume of the bridegroom were Samo-Gwandae. The coat (outside uniform) was blue Danryeong ornamented with two cranes figured Hyong-Bae and Heukgackdae. In case Samo-Gwandae was not available, Dopo or Durumakie could be substituted and they put on shoes in this case. A bridegroom put on Mokhwa his feet and under the Samo, and he also put on Nambawie or Bokguen. He put on Dopo or Haeng-eui(行衣) or Durumaki under the blue Danryeong. The bride put on Wonsam and Chokduri or Hwagwan on her hair. In case Wonsam was not available, Chima Jogori style or imitational Wonsam, which was roughly sewed with red cloth and blue cloth contained in the Honsuham (Box of wedding treasure), could be substituted. She put on Hyang-guen to protect her body against the coldness and to hide her face.

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Case Study on the Legal Effects of Letters of Intent (양해사항확인장의 법적 효력에 관한 사례 연구)

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.32
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    • pp.3-27
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    • 2006
  • The Pennzoil case and the SME case illustrate the difficulties which originate from inadequate drafting of letters of intent. In both cases the judges had to face the crucial question as to whether or not a given letter of intent had a binding nature; they had in other words to decide whether the wills expressed in such letters still belonged to the pre-contractual stage, or whether their incorporation into a pre-contractual document meant that negotiations were over and binding obligations had already arisen for the parties. In other words, some problems may occur when a party has documented a stage in the negotiations by letters of intent. The letters may well explicitly spell out if, and to what extent, the parties should be bound by what they have already agreed or to carry on negotiations in order to reach the final contract. But if the letters are silent, some problems would arise. Contracting parties are, therefore, well advised to spell out if, and to what extent, they should be bound by such preliminary agreements. Here again, it might be prudent to explicitly set forth that the parties should not be bound until there is a final written contract signed by authorized representatives of the parties but that they shall abstain from such measures which may defeat their stated objective to reach final agreement, e.g. by diminishing the value of performance under the contemplated contract.

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