• Title/Summary/Keyword: Case Law

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A study on the rationale of regulating the high elevation building (도심 고층건축물 고도제한규제의 합리성 모색에 관한 연구)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.2
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    • pp.207-230
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    • 2006
  • It should be noted that current rules and provisions of the law, such as the act of military air base and the act of the construction, do not provide a fairly good solution regarding the conflict between the company and the air force. The act of military air base does not have the jurisdiction on the matters occurring outside the edge of the flight safety zone. Freezing measure about the construction permit is not suitable for this case. A sort of policy or revision of the law will be needed to foster the transaction between parties in question which may be useful for enhancing overall efficiency.

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A Robust Semi-active Suspension Control Law (반능동 현가시스템의 Robust 제어 법칙)

  • Yi, K.S.;Suh, M.W.;Oh, T.I.
    • Transactions of the Korean Society of Automotive Engineers
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    • v.2 no.6
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    • pp.117-126
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    • 1994
  • This paper deals with a robust semi-active control algorithm which is applicable to a semi-active suspension with a multi-state damper. Since the controllable damping rates are discrete in case of a multi-state semi-active damper, the desired damping rate can not be produced exactly even if force-velocity relations of a multi-state semi-active damper is completely known. In addition, damping characteristics of the semi-active dampers are different from damper to damper. A robust nonlinear control law based on sliding control is developed. The main objective of the proposed control strategies is to improve ride quality by tracking the desired active force with a multi-state damper of which the force-velocity relations are "not" completely known. The performance of th proposed semi-active control law is numerically compared to those of the control law based on a bilinear model and a passive suspension. The proposed control algorithm is robust to nonlinear characteristics and uncertainty of the force-Velocity relations of multi-state dampers.

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Islamic Legal Reasoning for the Justification of Tax Evasion: The Case of Indonesia

  • HIDAYAT, Nurul;SHARKEY, Nolan
    • The Journal of Asian Finance, Economics and Business
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    • v.8 no.8
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    • pp.475-486
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    • 2021
  • Religiosity is often perceived as a trait that can effectively suppress attitudes and behavior that lead to people evading taxes. However, this study finds that Islamic religiosity has a complicated relationship with tax evasion. This study employs a mixed-method, which involves collecting, analyzing, and integrating quantitative and qualitative research, and this integration provides a better understanding of the research problem. Qualitative analyses of the sermons of prominent Islamic clerics speaking on taxes on YouTube channels revealed different views. The textualists/conservative clerics viewed taxes are prohibited based on the fact of Islamic history and tax prohibition stated in a hadith. Furthermore, tax compliance is determined solely by the threat of punishment from the government. On the other hand, the moderate preachers seem to be more flexible in response to tax issues. They involve the framework of contextual and analogical-historical practice. Quantitative analyses from the survey found that Islamic religiosity is not directly correlated with tax evasion. However, the sentiment of Islamic law adoption by the state has significantly mediated the correlation between them. In addition, respondents who affiliate with moderate Islamic organizations tend to have less justification of tax evasion than those who affiliate with conservative organizations or movements.

A Study on the Korean Port Management in a viewpoint of Overlap Elimination - Focused on the Related Port Law - (중복배제의 관점에서 본 우리나라 항만관리에 관한 연구 - 항만 관련법률을 중심으로 -)

  • Choi, Keun-Bae
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.39
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    • pp.281-310
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    • 2008
  • An understanding of importance of port has increased according to the in and out environment changes surrounding port. And the jurisdiction of physical distribution including port logistics integrated to Ministry of Land, Transport and Maritime Affairs. It is a good time for review the related port law once more. Present related port law has no problems itself. But because there are many laws about port, so overlap is shown in many aspects. According to this viewpoint, this study has focused to reduce the overlap in the contents of the laws and propose the improvement methods. So as to achieve this goal, I divided study fields into three aspects. The first is the subject of port management and second is the object of port management, the third is contents of port management. And also improvement plan provided in three aspects. Improvement plan is as follows. Firstly, the diversity of management subject is reduced considerably due to the integration of government organization but the problem which what laws among the various laws would adopt to same object is still remained. So it is necessary to make into one or two laws. Secondly, in the case of object of port management, it is essential to cover the port, port facilities and port hinterland with one comprehensive law. Therefore it is important to adjust the related clauses in various laws. Thirdly, in connection with the contents of port management, port development plan or other related port business and etc. described in various laws have to cordinated. At the same time, it is desirable that the similar terminology used in various laws would be unified.

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The Issues and Characteristics of the Preliminary Draft Convention on International Contracts Concluded or Evidenced by Data Message (전자계약에 관한 국제협약 예비초안의 논점과 특징에 관한 고찰)

  • Choi, Seok-Beom;Park, Jong-Suk
    • International Commerce and Information Review
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    • v.5 no.1
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    • pp.85-100
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    • 2003
  • Legal rules applying to the commerce and international commerce in particular contracts, proper law, jurisdiction and so on, have improved with time and experience. Engaging in e-commerce on the World Wide Web may expose the company to the risk of being sued in any foreign country where Internet user can establish a legal claim. The modem law of contracts is highly sophisticated and difficult to understand. With contracts created in cyberspace, the basic rules are no difference that we can find. However, there are situations in e-commerce that are altogether new and to which the existing rules cannot apply. Here uncertainty and business risk is too high for trading partners to deal with certainty. Therefore existing law must change to e-commerce law so that it provides certainty and enforceability over e-commerce. UNCITRAL Working Group on Electronic Commerce prepared the Preliminary Draft Convention on [International] Contracts Concluded or Evidenced by Data Message from the thirty-ninth session in 2002 which applies to international contracts concluded or evidenced by means of data messages. An electronic contract is concluded when the acceptance of an offer becomes effective, and an offer becomes effective when it is received by the offeree, and an acceptance of an offer becomes effective when the indication of assent is received by the offeror according to this Convention. Electronic contract may be concluded by the interaction of an automated computer system and natural person or by the interaction of automated computer systems, and a contract formed by a natural person that accesses an automated computer system of another person has no legal effect in case the neutral person made a material error in a data message.

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A Study on the Comparative Method of Arbitration Law of China and Arbitration Law of Mongolia (중국의 중재법과 몽골의 중재법에 대한 비교법적 고찰)

  • Kim, Yong-Kil
    • Journal of Arbitration Studies
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    • v.26 no.4
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    • pp.83-109
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    • 2016
  • Recently, China has brought many political, economical, and ideological changes in order to complete the "socialistic market economy." In terms of legal system, they make much effort to seek compatibility and stability of law and order. China recognizes that the breakdown of corruption, which is rampant in society, is an essential short-cut for national development. To realize anti-corruption reformation, it strengthens the supervision of relatives and close officials of high-ranking government officials. Recently, China has suffered from expanded trade disputes internationally and has also experienced severe management-labor conflicts domestically due to economic recession. From 2012 onward, civil lawsuit and other litigations have increased sharply. Also, they face severe conflicts in the land system. It is expected that many disputes arise due to speculation on rural housing. Meanwhile, Mongolia expands the size of trade with Korea in mutual cooperation since their diplomatic relation in 1990 by entering more than 20 treaties and agreements. As Mongolia has rich natural resources and Korea is equipped with advanced science and technology, the two countries have opportunities to develop mutually beneficial cooperative relations. Recently, the arbitration system has attracted attention instead of litigation as a means of dispute settlement in line with the expansion of trade between Korea and Mongolia. This study would be helpful to figure out desirable methods for dispute settlements in case of trade disputes among Korean companies that would advance into China and Mongolia.

A Study on Reaction Kinetics in Steam Reforming of Natural Gas and Methane over Nickel Catalyst (니켈촉매 상에서 천연가스와 메탄의 수증기 개질 반응에 관한 Kinetics 연구)

  • Seong, Minjun;Lee, Young-Chul;Park, Young-Kwon;Jeon, Jong-Ki
    • Applied Chemistry for Engineering
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    • v.24 no.4
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    • pp.375-381
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    • 2013
  • Kinetics data were obtained for steam reforming of methane and natural gas over the commercial nickel catalyst. Variables for the steam reforming were the reaction temperature and partial pressure of reactants. Parameters for the Power law rate model and the Langmuir-Hinshelwood model were obtained from the kinetic data. As a result of the reforming reaction using pure methane as a reactant, the reaction rate could be determined by the Power law rate model as well as the Langmuir-Hinshelwood model. In the case of methane in natural gas, however, the Langmuir-Hinshelwood model is much more suitable than the Power law rate model in terms of explaining methane reforming reaction. This behavior can be attributed to the competitive adsorption of methane, ethane, propane and butane in natural gas over the same catalyst sites.

A Survey on the Perception for Legal Education Efficiency of Engineering Department (공학 계열의 법학 교육 효율화를 위한 인식 조사)

  • Oh, Tae-Kon
    • Journal of the Korea Society of Computer and Information
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    • v.19 no.8
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    • pp.161-168
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    • 2014
  • This study conducted a survey on the perception for legal education efficiency of engineering department. This study is to search for more efficient legal education method to engineering department's students, reflecting the reality that our universities have appointed the subjects - related with engineering accreditation such as engineering law - as compulsory subjects. The method of this study is that with questionnaire extracted the advanced researches, it selected the 180 undergraduates of engineering college in C university as original samples, chose 161 data as final efficient samples except for 19 untrustworthy respondent, analyzed and drew the result. The specific results are as follows. In case of legal education in engineering department, it was found that women rather than men, the students first taking the subject more than those retaking the subject, the students who have taken the basic law subjects such as law and society, an introduction to law, and the students who hope to get a job in their major field showed the higher class concentration degree and satisfaction degree.

A Study on Using the Interior Finishing Material using Regulation at Multiple-using Businesses (다중이용업소 실내마감재료 사용기준에 관한 연구)

  • Kim, Yong-Sung;Cho, Sung-O
    • Korean Institute of Interior Design Journal
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    • v.22 no.5
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    • pp.216-224
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    • 2013
  • There are the relevant provisions that apply to building regulations about the Building codes, Fire Protection laws, and more Multi-using interior finish materials businesses etc. The differences between these regulations are as follows: The Building codes is defined the main use of the building according to facilities to used to set the scale by the use of the floor space, On the other hand, Fire Protection laws are the basic purpose and the act of using the architectural space(or sales) by separating object by fire. And Multiple-using Businesses Facilities consist of two regulations engaged in the kind of law and the size of the floor area. One building can not be based on operating facilities and together in Multiple use businesses Law. As such, the Buildings are applied to the Building codes, Fire Protection laws, such as Multi-using Businesses Facilities interior construction industry due to the structural differences in the position of the designer feeling a lot of difficulties and confusion. The Multi-use businesses Facilities engage in the kind of law, the size of the floor area and seating capacity. These can not be based on operating facilities, and consists of two regulations together in one building. This study is purposed to help improving the finish of the interior architecture that is related to the Building code regulations, Fire Protection laws, Multi-using Facilities interior finishing material relevant with the provisions from the law through analyze the case of developed countries, and the current Multiple use Businesses Facilities research range from the law of multiple-using facilities, interior finishing, interior architecture for supervision reasonably and compensation for the interior design. So, Result is as follows: First, interior decorations can be separated the fixed material and the moveable things. second, It should be included multi-using Business though small size business space at the basement floor. third, It should be established statute law that design and construction responsibility. forth, re-testing fire resist performance after some period. and finally, it need to mitigate regulation where be installed sprinkler.

Design of Aim Angle Following Guidance Law Using Lyapunov Theory (르야프노프 이론을 이용한 목표각 추종 유도법칙 설계)

  • Kim, Ki-Seok;Kim, You-Dan
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.30 no.7
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    • pp.81-89
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    • 2002
  • Guidance laws can be conceptually classified into three categories although their mathematical representations are various and different. In this paper, a generalized conceptual guidance law including the concepts of the above categories is proposed. The aim angle is introduced using the geometry of the collision triangle. The aim angle represents the arbitrary angle between the pursuit angle and the expected collision angle. The objective of the proposed guidance law is to make the aim angle zero asymptotically. It can be shown that the aim angle error response for the considered system is same as that of the first order system. When the autopilot of the missile system has slow dynamics, autopilot time lag may deteriorate the performance of the guidance law performance. In this case, another new guidance law compensating the autopilot time lag effect is proposed. To verify the proposed guidance laws, several numerical simulations are performed.