• International Journal of Computer Science & Network Security
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• 제22권11호
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• pp.199-203
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• 2022

The article aims at studying the institution of human rights and civil freedoms with due regard to the anthropological approach in the theory of law. To the greatest extent, the provisions of non-classical legal science are confirmed in the Anglo-Saxon legal family, which endows the judge with law-making functions. In this regard, the role of a person in the legal sphere is increasing. The main research method was deduction used to study the anthropological approach to the institution of human rights and freedoms. The article also utilizes the inductive method, the method of systematic scientific analysis, comparative legal and historical methods. To solve the task set, the authors considered the legal foundations and features of human rights and freedoms in the modern world. The article proves that the classical legal discourse, represented by various types of interpretation, reduces the rule of law to the analysis of its logical structure and does not answer the questions posed. It is concluded that the prerequisite for the anthropological approach in the theory of law is the use of human-like concepts in modern legislation (guilt, justice, peculiar ferocity, child abuse, willful evasion, conscientiousness).

• 의료법학
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• 제15권2호
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• pp.31-60
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• 2014

In this paper the good Samaritan civil liability is argued. In many cases some damage could be caused by an emergency medical service. In such situations the degree of duty of care taken by the service provider would be alleviated depending upon the degree of emergency. Then the service provided by anyone not carrying any duty to do so could be generally ruled by the 'Korean Civil Act' Article 735. This article is related to the management of affairs in urgency. The application of this article means the mitigation of civil liability of the service provider. If the service provider not carrying any duty to provide it "has managed the affairs" of the service "in order to protect the" victim "against an imminent danger to the latter's life", the provider "shall not be liable for any damages caused thereby, unless he acted intentionally or with gross negligence". Korea has another rule applied in such a situation, that is the Korean 'Emergency Medical Service Act' Article 5-2. This article is established for the exemption from responsibility for well-intentioned emergency medical service. It could be referred to as the Good Samaritan law. It provides: "In cases where no intention or gross negligence is committed on the property damage and death or injury caused by giving any emergency medical service or first-aid treatment falling under any of the following subparagraphs to an emergency patient whose life is in jeopardy, the relevant actor shall not take the civil liability ${\cdots}$" In this paper the two articles is compared in the viewpoints of the requirements for and effects of the application of them respectively. The 'Korean Civil Act' Article 735 is relatively general rule against the the Korean 'Emergency Medical Service Act' Article 5-2 in the same circumstance. Therefore the former could be resorted to only if any situation could not satisfy the requisites for the application of the latter. In this paper it has suggested that the former article be more specific for the accuracy of making decision to apply it; and that the latter be revise in some requirements including the victim, the service provider, and the service.

• 의료법학
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• 제10권2호
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• pp.203-249
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• 2009

It is the so-called Shinchon Severance Hospital Case brought to an end by the decision of the Supreme Court that opened the real discourse of withholding or withdrawing of LST (Life-Sustaining Treatment) in the legal profession as well as medical profession in Korea. Everyone has sympathy with the validity and necessity of legal regulation on withdrawing-including withholding-of LST save the requirements & procedure of withdrawing of LST. In this situation, the legislative bill of amendment to the Korean Civil Law introducing of adult guardianship was pre-announced by the Ministry of Justice on September 18th 2009. The adult guardianship is a guardianship system that supports an mentally handicapped adult to deal with his affairs by support of a guardian. The object of adult guardianship includes affairs of body or well-being as well as property of adult wards. In particular, affairs of medical matters are of importance in the duty and authority of adult guardians. So, the introduction of adult guardianship is of much importance de lege lata as well as de lege ferena in the discussion of withdrawing of LST as a medical treatment. Since the legislation on withdrawing of LST intents to protect the right of death with dignity on the basis of patients' autonomy, the ratio legis of withdrawing of LST is variant from that of adult guardianship. In this context, it seems reasonable to legislate the withdrawing of LST separately from the adultguardianship. In the meantime, the adult guardianship of the legislative bill of amendment to the Korean Civil Law is related to the withdrawing of LST, since the main purpose of adult guardianship is to protect patients' quality of lives and to regulate guardianship contracts based on patients' autonomy. In that context, it seems reasonable to incorporate the legislation of withdrawing of LST into the adult guardianship system. In the latter case, it is not easy to adopt the withdrawing of LST into the legislative bill of the Korean Civil Law for the bill is pre-announced already as previously stated. However, the legislation of withdrawing of LST is not inferior to the legislation of adult guardianship as a matter of urgency. Moreover, it is likely that the legislative bill of Amendment to the Korean Civil Law generates discrepancies in interpretation of the requirements & procedure of withdrawing of LST as the amended German Civil Law did. In short, it is desirable for the legislator to revise the legislative bill despite delay.

• 의료법학
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• 제8권1호
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• pp.215-234
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• 2007

The mission of the doctors is to take care of human life, body and health through the medical behaviors such as diagnosis and treatment. Under this job propensity, the doctors have care duty to take the best actions required to prevent the risk according to the patients' specific disease status. Such care duty of the doctor may be evaluated based on the medical behavior level at the medical institution and clinical medical study field. Such medical level should be understood in the normative level, considering the treatment environment, condition and specialty of the behavior, because it means the medical common sense known and acknowledged to the normal doctors. While the criminal suit requires the evidence for no doubt conviction, the civil suit requires more eased different standard. The results between the criminal and civil sentence may be different, because the confirmed former case may lead to long-term imprisonment and even death penalty, while the latter case puts only monetary penalty on the defeated party.

• Structural Engineering and Mechanics
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• 제90권5호
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• pp.517-530
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• 2024

This paper presents a new four-unknown equivalent single layer (ESL) refined plate theory for the buckling analysis of functionally graded (FG) rectangular plates with all simply supported edges and subjected to in-plane mechanical loading conditions. The present model accounts for a parabolic variation of transverse shear stress over the thickness, and accommodates correctly the zero shear stress conditions on the top and bottom surfaces of the plate. The material properties are supposed to vary smoothly in the thickness direction through the rules of mixture named power-law gradation. The governing equilibrium equations are formulated based on the total potential energy principle and solved for simply supported boundary conditions by implementing the Navier's method. A numerical result on elastic buckling using the current theory was computed and compared with those published in the literature to examine the accuracy of the proposed analytical solution. The effects of changing power-law exponent, aspect ratio, thickness ratio and modulus ratio on the critical buckling load of FG plates under different in-plane loading conditions are investigated in detail. Moreover, it was found that the geometric parameters and power-law exponent play significant influences on the buckling behavior of the FG plates.

• 항공우주정책ㆍ법학회지
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• 제5권
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• pp.321-384
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• 1993

The paper is to study and analyze the civil aviation industry of China and to present some cooperative and developing models between Korea and China in the fields of civil aviation on the basis of mutul benefit. In this study, civil aviation includes both the air transport industry and aircraft manufacturing industry. As it is not easy and realistic for us to conduct field survey on the civil aviation of China so far, this study has havily depended upon the literature data gathered from the ICAO and other published materials. This study includes the following major contents. 1. The historical development of China civil aviation 2. The present status and future prospect of Civil Aviation Adminstration of China(CAAC) 3. The present status of Chinese aircraft industry 4. Administration of airport and airspace of China 5. Air transport industry of China 6. The design of Korea-China civil aviation cooperation

• 무역상무연구
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• 제71권
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• pp.1-36
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• 2016

Unlike continental European legal systems (civil law systems), specific performance in common law refers to an equitable remedy requiring exactly the performance that was specified in a contract. It usually granted only when money damages would be an inadequate remedy and the subject matter of the contract is unique. Thus, under common law specific performance was not a remedy, with the rights of a litigant being limited to the collection of damages. Consistent with the practice in civil law jurisdictions, United Nations Convention on Contracts for the International Sale of Goods (CISG) makes specific performance the normal remedy for breach of a contract for the sale of goods. Therefore, the buyer may require a breaching seller to deliver substitute goods or to make any reasonable repair. Likewise, the sellermay require the buyer to taker delivery of goods and pay for them. Despite this, Article 28 of the CISG restricts the availability of specific performance where it would be unavailable under the domestic law of the jurisdiction in which the court is located. Thus, the CISG's more liberal policy toward specific performance is restricted by common law. There are some legal issues in CISG's specific performance availability by Article 28. This paper analyzes these issues as interpreting Article 28 of CISG, by examining various theories of application to actions for specific performance and comparing CLOUT cases involving CISG Article 28.

• Earthquakes and Structures
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• 제16권5호
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• pp.547-561
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• 2019

In this work, a new analytical approach using a theory of a high order hyperbolic shear deformation theory (HSDT) has been developed to study the free vibration of plates of functionally graduated material (FGM). This theory takes into account the effect of stretching the thickness. In contrast to other conventional shear deformation theories, the present work includes a new displacement field that introduces indeterminate integral variables. During the manufacturing process of these plates defects can appear as porosity. The latter can question and modify the global behavior of such plates. The materials constituting the plate are assumed to be gradually variable in the direction of height according to a simple power law distribution in terms of the volume fractions of the constituents. The motion equations are derived by the Hamilton principle. Analytical solutions for free vibration analysis are obtained for simply supported plates. The effects of stretching, the porosity parameter, the power law index and the length / thickness ratio on the fundamental frequencies of the FGM plates are studied in detail.

• Computers and Concrete
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• 제3권4호
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• pp.249-260
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• 2006

Self-consolidating concrete (SCC) in the fresh state is known for its excellent deformability, high resistance to segregation, and use, without applying vibration, in congested reinforced concrete structures characterized by difficult casting conditions. Such a concrete can be obtained by incorporating either mineral or chemical admixtures. This paper presents the results of an investigation to asses the applicability of Abram's law in predicting the compressive strength of SCC to any given age. Abram's law is based on the assumption that the strength of concrete with a specific type of aggregate at given age cured at a prescribed temperature depends primarily on the water-to-cement ratio (W/C). It is doubtful that such W/C law is applicable to concrete mixes with mineral or chemical admixtures as is the case for SCC where water to binder ratio (W/B) is used instead of W/C as the basis for mix design. Strength data of various types of SCC mixtures is collected from different sources to check the performance of Abram's law. An attempt has been made to generalize Abram's law by using various optimization methodologies on collected strength data of various SCC mixtures. A set of generalized equations is developed for the prediction of SCC strength at various ages. The performance of generalized equations is found better than original Abram's equations.

• International Journal of Computer Science & Network Security
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• 제22권12호
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• pp.125-131
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• 2022

The diversity and complexity of criminal, administrative and civil cases resolved by the courts makes it difficult to develop universal automated tools for the analysis and evaluation of justice. However, big data generated in the scope of justice gives hope that this problem will be resolved as soon as possible. The big data applying makes it possible to identify typical options for resolving cases, form detailed rules for the individualization of a court decision, and correlate these rules with an abstract provisions of law. This approach allows us to somewhat overcome the contradiction between the abstract and the concrete in law, to automate the analysis of justice and to model e-justice for scientific and practical purposes. The article presents the results of using dimension reduction, SHAP value, and p-value to identify, analyze and evaluate the individualization of justice and the differentiation of legal regulation. Processing and analysis of arrays of court decisions by computational methods make it possible to identify the typical views of courts on questions of fact and questions of law. This knowledge, obtained automatically, is promising for the scientific study of justice issues, the improvement of the prescriptions of the law and the probabilistic prediction of a court decision with a known set of facts.