• Title/Summary/Keyword: Case Law

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A Study of the Iron-Core Solenoid Analysis for 3 D.O.F. Motor Control with Experimental Method (3자유도 모터 제어를 위한 철심 솔레노이드 특성의 실험적 해석에 관한 연구)

  • Baek, Yoon-Su;Park, Joon-Hyuk
    • Transactions of the Korean Society of Mechanical Engineers A
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    • v.25 no.9
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    • pp.1334-1340
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    • 2001
  • In this paper, the experimental modeling of the force between permanent magnet and iron-core solenoid is suggested for more accurate control of 3 D.O.F. motor using the electromagnetic force. In the case of iron-core solenoid, the general equation of solenoid cant be used simply because of its nonlinearity. Therefore, the magnetic flux density is estimated through the concept of equivalent permanent magnet. The force distribution between permanent magnet and iron-core solenoid is more dependent on the magnetization of iron core caused by the permanent magnet than any other parameters. Therefore, the equation of the force estimation between these magnetic systems can be modeled by the experimental function of the magnetization of iron core. Especially, if the distance between iron-core solenoid and permanent magnet is far enough, the force equation through experiment can be expressed from only the current of coil and the distance between iron-core solenoid and permanent magnet. It means that Coulombs law can be used for magnetic systems and it is validated through the experiment. Therefore, force calibration is performed by the concept of Coulombs law.

Optimization-Based Determination of Apollo Guidance Law Parameters for Korean Lunar Lander (달착륙 임무를 위한 최적화 기반 아폴로 유도 법칙 파라미터 선정)

  • Jo, Byeong-Un;Ahn, Jaemyung
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.45 no.8
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    • pp.662-670
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    • 2017
  • This paper proposes an optimization-based procedure to determine the parameters of the Apollo guidance law for Korean lunar lander mission. A lunar landing mission is formulated as a trajectory optimization problem to minimize the fuel consumption and the reference trajectory for the lander is obtained by solving the problem in the pre-flight phase. Some parameters of the Apollo guidance, which are coefficients of the polynomial used to define the guidance command, are selected based on the reference trajectory obtained in the pre-flight phase. A case study for the landing guidance of Korean lunar lander mission using the proposed procedure is conducted to demonstrate its effectiveness.

A Study on the Enforcement of Interim Award of Arbitral Tribunal in International Commercial Arbitration (국제상사중재에서 중재판정부에 의한 임의중재판정의 집행에 관한 연구)

  • Yu, Byoung-Yook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.46
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    • pp.381-406
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    • 2010
  • The enforcement of international arbitration raises a variety of procedural and related issues in national and international arbitral laws. In addition to the problems it is not easy to understand the rights and enforcement of interim measures by arbitral tribunal. Many countries and international rules allow the arbitral tribunal to submit the interim measures applied by a dispute party. However, interim measures are not recognised and enforced by itself in international commercial arbitration. It has not been completed in the rules of arbitration nationally and internationally. This is the reason why the confirmation of international and national laws is important to effect interim measures practically. In the case of Korean arbitral laws do not include articles of enforcement of interim measures even permit rights of decision of interim measures by arbitral tribunal in the national arbitral laws improperly and unreliably. This paper discuses the deficits of enforcement of interim measures which is submitted the type of award by the arbitral tribunal. The paper also points out and refers the revised model law of arbitration by UNCITRAL in 2006 which was changed to allow the interim award and should be imposed its enforcement of any types of interim measures by the arbitral tribunal in international commercial arbitration.

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A Comparative Study on the Legal Aspect of the Duty of Disclosure in Korean Insurance and English Insurance Laws (우리 상법(보험편)과 영국 해상보험법의 고지의무 법리에 관한 비교 연구)

  • Kim, Sun-Chul;Lee, Kil-Nam
    • International Commerce and Information Review
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    • v.11 no.1
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    • pp.309-331
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    • 2009
  • In 25th April. 2008, the Korea legislature gave advance notice on the Revision Bill of Commercial Law in Insurance Division in partial, one of which is the principle of utmost good faith to be codified in accordance with the effectuation of the Revision Bill enforcement. For this, even though the disclosure duty is not included in the Revision Bill, it should also be discussed in relation to the principle of utmost good faith because it is based upon the principle of utmost good faith and forms a part of utmost good faith. In Marine Insurance industry in Korea, there are the sections and the clauses in relation to the English governing law included in the Policies and the Clauses used in Korea and, also, they still come into effect for the Korea Courts' judgements. So. we, Korea, should carefully pay attention to the trend of English courts' leading case, academic world and insurance industry on the disclosure duty in U.K. This study is thus based upon sections 17 and 18~20 of the Marine Insurance Act 1906 and sections 651, 652 and 655 of Commercial Law in Insurance Division, which appear throughout this work. The objective of this work is to analyse the duty of disclosure on Korean and English Insurance Laws including cases cited in this work, comparing the differences resulted from the analysis of the two countries‘laws and legal cases.

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A Computational Work of Critical Nozzle Flow for High-Pressure Hydrogen Gas Mass Flow Measurement (고압수소 유량계측용 임계노즐 유동의 수치해석적 연구)

  • Lee, Jun-Hee;Kim, Heuy-Dong;Park, Kyung-Am
    • 유체기계공업학회:학술대회논문집
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    • 2006.08a
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    • pp.227-230
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    • 2006
  • The method of mass flow rate measurement using a critical nozzle is well established in the flow satisfying ideal gas law. However, in the case of measuring high-pressure gas flow, the current method shows invalid discharge coefficient because the flow does not follow ideal gas law. Therefore an appropriate equation of state considering real gas effects should be applied into the method. The present computational study has been performed to give an understanding of the physics of a critical nozzle flow for high-pressure hydrogen gas and find a way for the exact mass flow prediction. The two-dimensional, axisymmetric, compressible Navier-Stokes equations are computed using a fully implicit finite volume method. The real gas effects are considered in the calculation of discharge coefficient as well as in the computation. The computational results are compared with the previous experimental data and predict well the measured mass flow rates. It has been found that the discharge coefficient for high-pressure hydrogen gas can be corrected properly adopting the real gas effects.

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A Comparative Legal Study on the Damages in the International Sale Laws (국제물품매매에서 손해배상청구권에 관한 비교법적 고찰)

  • OH, yon-Sok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.77
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    • pp.23-42
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    • 2018
  • This study compares the SGA and CISG to find out the difference of the criteria for calculating damages. and it intends to give some important points in trade practice. The damages is intended to compensate the victim for the breach of contract but there are differences between SGA and CISG as follow. First, the SGA and CISG have the same purpose of claiming damages. Both laws and regulations are subject to a full indemnification to compensate for the breach of the contract by the amount equivalent to the loss suffered by the victim. Second, in the general principle related to the calculation of damages, both law enforcement officials are required to be able to predict damages caused by breach of contract. In the case of SGA, however, a foreseeability test or remoteness of damages is required for the relationship between the contract violation and the loss. In other words, it can be said that the causal relation between the contract violation and the damage is strictly applied rather than the CISG. Finally, both laws and regulations of SGA and CISG have a big difference in criteria for calculating damages. In the CISG, after the contract is canceled, it is classified according to the existence of the alternative transaction and the damage amount is calculated based on the contract price. On the other hand, the SGA estimates the loss based on the market price at the delivery of the goods, reflecting the change in the market price instead of the contract price of the goods.

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A Review on Limit of Liabilities of Multimodal Transport Operator in Korea (복합운송인의 책임제한 방식과 한도액)

  • SUR, Ji-Min
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.77
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    • pp.145-168
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    • 2018
  • The purpose of this paper is to introduce the limitation of liabilities of multimodal transport operators(MTO) in Korea. Also, this paper reviews the revised draft of Korean Commercial Code in 2015. This paper analyzes Korean multimodal transport systemand the limitation of liabilities of MTO by analyzing articles, regulations and practices of Korean Commercial Code and it's the draft in 2015. The paper, also, studies multimodal transport rules by comparing specifically international treaty, rules, or practices. In Korea, Article 816 of Commercial Code treats multimodal transportation adopting the network liability regime. The Article describes only the case of the multimodal transportation where the maritime carriage is engaged. Korea proposed the draft of multimodal transport regulation of Commercial Code in 2015 because present law could not apply for the multimodal transportation involved in the air or land carriage. This paper support the draft of Korean Commercial Code in 2015 because it is necessary to make a predictable legal system of multimodal transport and the limitation of liability reflecting practices or customs.

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The Problems and Alternatives of The Subrogation Payment System for Damage (의료분쟁조정법상 손해배상금 대불제도의 문제점과 개선방안)

  • Lee, Baek-Hyu
    • The Korean Society of Law and Medicine
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    • v.12 no.2
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    • pp.163-187
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    • 2011
  • On March 11, 2011, the Korea National Assembly finally passed the bill on the Damage Relief on the Medical Malpractice and Mediation for Medical Dispute. One of the features of this Act is including "The Subrogation Payment System for Damage (abbreviated SPSD)". This System is that 'Korean Medical Dispute Mediation-Arbitration Board' pays the damages, instead of the health care provider, for the patient who isn't paid damages by the health care provider despite of the Mediation or ruling. The purpose of this study is to search the problems and make improvement on SPSD. This System was introduced extreamly to the patients in order to induce them to the mediation. However,there remains several problems. In this articles, I have examined thoroughly the legal issues on SPSD. There are legal issues about the methods and ratio of the financial burden. In this connection, wide discretionary authority has been granted to administrative agencies specifically. On this account, this System clearly contains elements of a violation against the Constitutional Law. Moreover, this System can be broadly applied to the case of court ruling or the Korea Consumer Agency's mediation. But these measures go against the aim of legislation that the medical dispute can be resolved through the mediation or arbitration by this Act. In the end, these problems must be revised through the additional discussion.

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A Study on Interpretative Principles Comparison of CISG.PICC.MISC for the Int'l Sales Contract of Goods (국제물품판매계약(國際物品賣買契約)을 위한 CISG.PICC.MISC상(上)의 해석원칙비교(解釋原則比較))

  • Oh, Se-Chang
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.83-103
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    • 2000
  • Through the this paper, a conclusion could be derived from CISG PICC MISC made by UNIDROIT, UNCITRAL, ICC of representative system making out a draft for uniform law, convention, trade usages. (1) In short, like most int'l sales rules applicable to commercial contracts, these rules play a supporting role, supplying answers to problems arising from transaction between the parties. (2) Though every one has in its own way a special feature, use of MISC made on the basis of actual facts which the parties are faced with their daily transactions, CISG and Incoterms being now in force, is desirable. (3) In case of use of MISC similar to a system of Incoterms, as PICC, it is necessary for MISC to set forth definitions about important terminology which is possible to give concerned parties confusion. (4) In a sense, PICC has a character complementing problems which CISG can not solve, therefore, if int'l agreement is given, it is desirable to adopt revised PICC adding specials conditions (A) of MISC as appendix of PICC such as Llouyd's Form in an appendix to MIA, as int'l convention.

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A Study on the Seller's Liability for Defects in Title of Goods under SGA (SGA에서 매도인의 권리적합의무에 관한 연구)

  • Min, Joo Hee
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.62
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    • pp.33-53
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    • 2014
  • This study examines the seller's liability for defects in title of goods under SGA. If the contracting parties choose SGA as a governing law, they should pay attention to whether a contractual stipulation for defects in title of goods is a condition or a warranty. It is because SGA divides contractual terms into a condition and a warranty. And its effects regarding a breach of a condition or a warranty are different. Under SGA s 12(1) as a condition, in a contract of sale, the seller has a right to sell the goods at the time of contract, and in the case of an agreement to sell, he will have such a right at the time when the property is to pass. Under SGA s 12(2) as a warranty, there is an implied warranty that (a) the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance and (b) the buyer will enjoy quiet possession of the goods as long as the buyer retains an interest in the goods. But the seller will not be liable if the third party unlawfully interferes with the buyer's possession.

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