• Title/Summary/Keyword: Case Law

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Adaptive sliding-mode tracking control in the presence of unmodeled dynamics

  • Cho, Seung-Ho
    • 제어로봇시스템학회:학술대회논문집
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    • 1994.10a
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    • pp.267-270
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    • 1994
  • To increase the robustness of tile feedforward tracking control system, a new discrete time sliding function has been defined and utilized for the formulation of control law, In adaptive case the robustness is achieved by using both a normalized gradient algorithm with deadzone and a sliding function-based nonlinear feedback, while in nonadaptive case by using only a sliding function-based nonlinear feedback.

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Adaptive Immersion and Invariance Control of the Van der Pol Equation

  • Khovidhungij, Watcharapong;Santhanapipatkul, Ponesit
    • 제어로봇시스템학회:학술대회논문집
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    • 2005.06a
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    • pp.706-709
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    • 2005
  • We study the adaptive stabilization of the Van der Pol equation. A parameter update law is designed by the immersion and invariance method, and is used in conjunction with both the feedback linearization and backstepping control laws. Simulation results show that the responses obtained in the adaptive case are very similar to the known parameter case, and the parameter estimator converges to the true value.

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A Case Study for Implementing HACCP in Small to Medium sized Company (현 중소기업에서의 HACCP시스템 구축 사례연구)

  • Son, Eun-Il;Seong, Chang-Mo
    • Journal of Industrial Convergence
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    • v.2 no.1
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    • pp.103-119
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    • 2004
  • This paper deals with a case analysis on the implementation of HACCP System. The intention is to provide some general guidelines, in particular, to small to medium sized companies that are planning to introduce the HACCP System. This paper is meaningful in regard to the actual implementation of HACCP System in small to medium sized company. It is very good result in this study because the law/guideline of HACCP is executed now.

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PWN SED modeling: stationary and time-dependent leptonic scenarios

  • Kim, Seung-jong;An, Hong-jun
    • The Bulletin of The Korean Astronomical Society
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    • v.43 no.2
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    • pp.43.3-43.3
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    • 2018
  • We develop a model for broadband spectral energy distribution (SED) of Pulsar Wind Nebulae (PWNe). The model assumes that electrons/positrons in the pulsar wind are injected into and stochastically accelerated in the pulsar termination shock. We consider two scenarios: a stationary one-zone case and a time-evolving multi-zone case. In the latter scenario, flow properties in the PWNe (magnetic field, bulk speed) are modeled to vary in time and space. We apply the model to the broadband SED of the pulsar wind nebula 3C 58. From the modeling, we find that a broken power-law injection is required with the maximum electron energy of ~200 TeV.

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A Legal Review on Physical Therapists' Roles and Doctors' Superintendency (물리치료사의 업무범위와 의사의 지도권에 관한 법적 검토 - 청주지방법원 2010. 2. 3. 선고 2009노1317 판결 -)

  • Kim, Han-Nah;Kim, Kye-Hyun
    • The Korean Society of Law and Medicine
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    • v.11 no.2
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    • pp.337-361
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    • 2010
  • In the case of Korea, both of modern medicine and oriental medicine are admitted as medical practices in the system. In other words, healthcare system is dualized. However, medical practice that corresponds to oriental medicine in Korea is substitution of medical practice in cases of foreign countries. For use of medical devices, it is provided only for doctors and medical technician relevant to use. Particularly, although oriental medicine is recognized as orthodox medicine in terms of the features of Korean medical system, superintendency of oriental doctors is not identical with that of doctors for use of medical devices and superintendency toward medical technicians. Recently, Cheongju District Court decided that superintendency of oriental doctor upon physical therapist is not acknowledged. It can be said that the judgement is opposed to the original verdict which judged that oriental doctors' employment and guidance of oriental doctors upon physical therapist is permissible. Hence this study aimed to review on domestic medical law system, which is dualized, roles of medical professionals, intent of the medical license system, provisions related to medical technician law and relevant precedents. Regulations on practices other than licensed practices by medical professionals are made because medical practices may affect on danger toward life and body of human and public health also. Therefore, the nation regulates medical professionals having licenses to perform medical practices within the range of the licenses. It is clearly prescribed that medical technicians may perform medical practices under instructions of doctors or dentists pursuant to the medical technician law. In addition, the court also judges that it is out of the license of oriental doctors if they use CT devices and limits the use of modern medical devices by oriental doctors. That is to say that it limits oriental doctors' employment of medical technicians and pursuant of oriental doctors on medical technicians as well.

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A Case Study on the Formation of Contract under the CISG (CISG상 계약의 성립에 관한 판례연구)

  • LEE, Byung-Mun;PARK, Eun-Ok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.1-22
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    • 2016
  • This study primarily concerns the cases recently held as to the formation of contract under the CISG. In order to put forward the most plausible direction to interpret the rules on the formation of contract under the CISG, it particularly deals with the followings. First, it scrutinizes the rules on the formation of contract, focusing on the requirements of offer and acceptance, the time when such offer and acceptance become effective, the issues on the battle of forms. Second, it introduces two recent interesting cases regarding the formation of contract and provides legal and practical advice to the contracting parties when they intend to conclude a contract under the CISG as a governing law. The followings are practical points that the parties should consider when they enter into contract. First, as any signature or intial made in the offer could be regarded as an acceptance, the parties are required to clarify the meaning of such signature or initials before the conclusion of contract. Second, it is not necessarily required one's signature for an offer to become effective but his name. Third, standard terms cannot be incorporated into the contract simply by reference to web-page or other documents. In order for such terms to be incorporated, it may be necessary to enclose them in the offer or to bring the other party's attention to them. Forth, one should remember that an acceptance by act become effective not when such act is complete, but when it is performed.

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Policy-making Process of Artists Welfare Law: Based on Kingdon's Policy Streams Model (예술인복지법 정책결정과정 연구: Kingdon의 정책흐름모형을 중심으로)

  • Choi, Jeong Min;Bae, Kwanpyo;Choi, Seong-Rak
    • The Journal of the Korea Contents Association
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    • v.13 no.5
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    • pp.243-252
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    • 2013
  • This study analyzes the policy-making process to promote the artists' welfare. In the problems stream, the artists have been found to suffer without any governmental support. In the policy stream, there have been various alternatives but they were not actualized. Meanwhile, a writer died of illness and famine in 2011. In the political stream, the public opinion to require the promotion of the artists' welfare, was strengthened. It made the policy-window open and resulted in the legislation of the Artists Welfare Law. Based upon these analyses, this article concludes that Kingdon's model is applicable to this case. Especially, this study shows that this policy was made with accidental events and the roles of informal participants such as netizen were more critical. However, it should be noted that the content of this Law was modified and trimmed because there was no policy entrepreneur to persuade the dissenters. It could made the policy-making process of this Law distinguished from others.

A Study on the Principles of Good Faith under International Transaction -Focused on the CISG- (국제거래상 신의성실의 원칙에 관한 연구 - CISG를 중심으로 -)

  • Han, Nak-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.46
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    • pp.61-104
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    • 2010
  • The purpose of this work aims to analyse the principles of good faith under international transaction with CLOUT and UNILEX cases. Article 7(1) CISG sets the stage for the interpretation by promoting a uniform approach using good faith and the international charter of the convention. In other words, article 7(1) defines the purpose and the principle of interpretation and is applied to the Convention as a whole. As such, it also includes article 7(2), which goes beyond the big picture and settles the problems of gap filling. It is also important to understanding that the mandate of the CISG is to look for a solution, which is not only restricted to interpretation but extends to solving a problem. The problem in this work is to find out how gap filling is achieved and, because of the autonomous mandate of interpretation, to explain and understand its relationship with domestic law. The solution to the interpretation of article 7(2) must be found within the four corners of the CISG. To restate, article 7(2) describes two situations where gap filling is needed. First, if the matter is governed by the Convention but not expressly settled, then a gap must be filled in conformity with general principles on which it is based. Second, if the matter is not covered then the gap must be filled taking domestic law into consideration. There are two reasons why a matter may not be covered by the Convention. First and most obviously, it has been specifically exclude from the sphere of Application by the CISG itself, such as validity in article 4. Second, changes in business methods will lead to gaps. The United Nations has established a service known as CLOUT. This contains abstracts of hundreds of selected decisions of both courts and arbitration tribunals. And UNILEX is cosponsored by the Italian Centre for Comparative and Foreign Law Studies and UNIDROIT Contract Principles. The cases are in abstract format, but, when available, the full text of the case in the original language is also supplied.

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The U. S. Antitrust Law on the Exclusion of Medical Staff Privilege and its Implication (참여의 특권 배제에 관한 미국 독점금지법 법리와 그 시사점)

  • Jeong, Jae-Hun
    • The Korean Society of Law and Medicine
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    • v.12 no.2
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    • pp.295-316
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    • 2011
  • If the medical staff privileges, which mean the eligibility to practice at open hospitals, are excluded in the United States, antitrust claims based on the violation of the Sherman Act have been raised a lot. The proliferation of these lawsuits in the United States, which are characterized as antitrust lawsuits, can be understandable situation. The reason is because doctors who don't belong to specific hospitals are seriously damaged, if the medical staff privileges are excluded and doctors cannot use facilities of open hospitals. In order to decide to allow the privileges of certain doctors, hospitals have to rely on peer review to maintain high quality of medical services, and it is not easy to find alternative of peer review in the professional areas like healthcare. However, there are possibilities that members of the peer review can abuse power to unfairly exclude privileges of potential competitors. In this sense, it is asserted in the U.S. antitrust lawsuits that the restraint of medical staff privilege can be the illegal restraint of trade in violation of section 1 of Sherman Act and can be monopolization or an attempt to monopoly by hospitals in violation of section 2 of Sherman Act. As Korea adopted open hospital system quite recently, there is still no case related with the exclusion of medical staff privileges. However, medical staff privilege system of Korea is not different from that of the United States in principle. Thus, the U.S. jurisprudence on the exclusion of medical staff privileges can be referred in the interpretation of "practice that interferes with or restricts the activities or contents of the business" based on Article 19.1.9 of Monopoly Regulation and Fair Trade Law of Korea.

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A Study on the Characteristic of Chinese Arbitration System (중국 중재제도의 특징에 관한 소고)

  • Lee Joo-Won
    • Journal of Arbitration Studies
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    • v.15 no.3
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    • pp.113-137
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    • 2005
  • In the provisions of 'the Arbitration Law of China, there are special provisions for international arbitration. When a court refuses the recognition and enforcement of foreign arbitral awards or cancel the domestic awards relating to international arbitration, they have to adopt the provisions of 'Chinese Civil Procedure Law'. These provisions are the same as the provisions of Korean Civil Procedure Law concerning the reasons of renewal. In the Korean Arbitration Act, those provisions disappeared when it was revised on December 31, 1999. Among the characteristics of the Chinese arbitration system, a serious question is that it provides only institutional arbitration and there is no ad-hoc arbitration in the Chinese Arbitration Law. On the other hand, when the parties appoint three arbitrators according to their agreement, the parties appoint the third arbitrator by mutual agreement and when they fail to agree, the Arbitration Committee appoints the third arbitrator. In practice, as the parties hardly agree on the third arbitrator or sole arbitrator, the Committee usually appoints them. And appointing an arbitrator from out of their panel of arbitrators is permitted these days only under examination by the Arbitration Committee in accordance with the arbitration rules of the China International Economic and Trade Arbitration Commission, Other arbitration committees except the China International Economic and Trade Arbitration Commission are still prohibited from making appointments from out of their panel of arbitrators. Accordingly, arbitration in China cannot be predicted and poses a question about legal stability as party autonomy is restricted in the appointment of arbitrators and arbitral procedure. Such being the case it is strongly recommended to select Korea as the place of arbitration in transactions with China. However it is better to arbitrate than to file a law suit in China.

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