• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.385-444
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• 2003

Current Military Airbase Law, in an effort to promote safety of military aircraft and security of military airbase, requires an administrative agency or its empowered branch to consult with the Secretary of Defense or the commander of the airbase before they issue a certain administrative approval or decision related to the installation. Although this consultation process purports itself in simplifying what can be an protracted administrative procedure, and in unifying objectives of the military and the administrative services, such procedural requirement is vulnerable inevitability of various legal problems whenever there is a conflict of interests among civil, military, government services. Nor is there sufficient studies done by academian in the area of bureaucratic issues of administrative resolution, and certainly not in the area of the military consultation procedure. This article, with such reality in mind attempts to constructively examine 1) when a consultation application is submitted, whether the discretionary power of the commander of the affected airbase is acknowledged at the outset; 2) if the content of the consultation is deemed unlawful, whether a civilian can institute an administrative lawsuit against it; 3) problems about the subject matters of the consultation requirement within the framework of military airbase law; 4) whether the issuing administrative agency must abide by and issue approval or decision in accordance with the opinion proposed by the said commander; 5) the legal problems of the remedial measure such as an order of removal, appellate review, notion to challenge authority, and etc. in cases such as administrative agency ignoring the commanders proposal or issuing final approval or decision that is inconsistent with what was consulted and agreed upon between both parties.

• Water Engineering Research
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• v.3 no.4
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• pp.259-267
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• 2002

South Africa has developed a policy and law that calls and provides for the equitable and sustainable use of water resources. Sustainable resource use is dependent on effective resource protection. Rivers are the most important freshwater resources in the country, and there is a focus on developing and applying methods to quantify what rivers need in terms of flow and water quality. These quantified and descriptive objectives are then related to specified levels of ecological health in a classification system. This paper provides an overview of an integrated and systematic methodology, where, fer each river, and each river reach, the natural condition and the present ecological condition are described, and a level/class of ecosystem health is selected. The class will define long term management goals. This procedure requires each ecosystem component to be quantified, starting with the abiotic template. A modified flow regime is modelled for each ecosystem health class, and the resultant fluvial geomorphology and hydraulic habitats are described. Then the water chemistry is described, and the water quality changes that are likely to occur as a consequence of altered flows are predicted. Finally, the responses to the stress imposed on the biota (fish, invertebrates and vegetation) by modified flow and water quality are predicted. All of the predicted responses are translated into descriptive and/or quantitative management objectives. The paper concludes with the recognition of active method development, and the enormous challenge of applying the methods, implementing the law, and achieving river protection and sustainable resource-use.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.103-122
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• 2004

Recognition and enforcement of the arbitral award play an important role in the settlement of the international commercial disputes. The New York Convention makes it a duty for the courts of signatories to recognize and enforce the foreign arbitral awards not taking the nationality of the party concerned into consideration. Recognition and enforcement of the arbitral award may be refused if the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made. The arbitral award has the same force as an irrevocable judgement including effect of excluding further litigation, its execution and formation. But the effect of set aside arbitral award made abroad in arbitral place was denied by France court for the interest of his people. There is no arbitral act but arbitral procedure is regulated by New Code of Civil Procedure in case of France. An appeal against the decision which grants recognition or enforcement is open if the recognition or execution is contrary to international pubic policy in virtue of Art. 1502. Arbitrator may consider compulsory provisions in arbitral place to assure to recognition and enforcement of the arbitral award.

• Journal of the Korean Society of Safety
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• v.22 no.3 s.81
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• pp.51-56
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• 2007

In recent years, many research works have been carried out in order to obtain a more controlled durability and long-term performance of concrete structures in chloride containing environments. In particular, the development of new procedures for probability-based durability analysis/design has proved to be very valuable. Although there is still a lack of relevant data, this approach has been successfully applied to some new concrete structures. In this paper, the equation used for modelling of the chloride penetration was based on Fick's Second Law of Diffusion in combination with a time dependent diffusion coefficient. The probability analysis of the durability performance was performed by use of a Monte Carlo Simulation. The procedure was applied to an example based on limited data gathered in this country. The influences of each parameter on the durability of concrete structures are studied and some comments for durability design are given. The new procedure may be very useful in designing an important concrete structures in chloride containing environments. Also it may help to predict the service life of concrete structures under a given probability of failure.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.83-107
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• 2019

In order to resolve a dispute over a medical accident, the court is in the process of appraising the medical records for medical professionals to report their medical expertise or judgments using that knowledge. The consequences of expert opinion about a medical accident are only one of the methods of evidence as a reference. Therefore, in principle, the court should not be bound to the results, but the court, which is not a medical expert, can not completely rule out medical expert opinion as to whether there is medical malpractice and causality. Therefore, it can not be denied that the proportion of expert opinion of medical records in the dispute about medical accidents is high and it has an important influence on the judgement of the court. In this paper, we examine the significance and function of expert opinion of the medical accident, examine the appraising procedure of the medical records in the court and the appraising procedure of the medical accidents of the Korean medical dispute mediation arbitrator do. In addition, I would like to examine what kind of attitude is being taken in response to expert opinion of medical records in Korea to court, to examine the implications of the case of Japan as a foreign system, and to suggest improvement points in the expert opinion procedure of medical record filing in Korea. In particular, I would like to suggest improvements on issues such as the fairness of the expert opinion of medical records and the delays in litigation due to delays in the process of expert opinion.

• Proceedings of the Korea Water Resources Association Conference
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• 2019.05a
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• pp.152-152
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• 2019

This study demonstrates a novel approach of remotely sensed estimates of stream flow at fifteen hydrological station in the Han River Basin, Korea. Multi-temporal data of the European Space Agency's Sentinel-1 SAR satellite from 19 January, 2015 to 25 August, 2018 is used to develop and validate the flow estimation model for each station. The flow estimation model is based on a power law relationship established between the remotely sensed surface area of water at a selected reach of the stream and the observed discharge. The satellite images were pre-processed for thermal noise, radiometric, speckle and terrain correction. The difference in SAR image brightness caused by the differences in SAR satellite look angle and atmospheric condition are corrected using the histogram matching technique. Selective area filtering is applied to identify the extent of the selected stream reach where the change in water surface area is highly sensitive to the change in stream discharge. Following this, an iterative procedure called the Optimum Threshold Classification Algorithm (OTC) is applied to the multi-temporal selective areas to extract a series of water surface areas. It is observed that the extracted water surface area and the stream discharge are related by the power law equation. A strong correlation coefficient ranging from 0.68 to 0.98 (mean=0.89) was observed for thirteen hydrological stations, while at two stations the relationship was highly affected by the hydraulic structures such as dam. It is further identified that the availability of remotely sensed data for a range of discharge conditions and the geometric properties of the selected stream reach such as the stream width and side slope influence the accuracy of the flow estimation model.

• Coupled systems mechanics
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• v.9 no.3
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• pp.237-264
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• 2020

This article investigates the static behaviour of functionally graded (FG) plates sometimes declared as advanced composite plates by using a simple and accurate quasi-3D and 2D hyperbolic higher-order shear deformation theories. The properties of functionally graded materials (FGMs) are assumed to vary continuously through the thickness direction according to exponential law distribution (E-FGM). The kinematics of the present theories is modeled with an undetermined integral component and satisfies the free transverse shear stress conditions on the top and bottom surfaces of the plate; therefore, it does not require the shear correction factor. The fundamental governing differential equations and boundary conditions of exponentially graded plates are derived by employing the static version of principle of virtual work. Analytical solutions for bending of EG plates subjected to sinusoidal distributed load are obtained for simply supported boundary conditions using Navier'is solution procedure developed in the double Fourier trigonometric series. The results for the displacements and stresses of geometrically different EG plates are presented and compared with 3D exact solution and with other quasi-3D and 2D higher-order shear deformation theories to verify the accuracy of the present theory.

• Steel and Composite Structures
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• v.25 no.6
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• pp.717-726
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• 2017

In this paper, a new simple shear deformation theory for bending analysis of functionally graded plates is developed. The present theory involves only three unknown and three governing equation as in the classical plate theory, but it is capable of accurately capturing shear deformation effects, instead of five as in the well-known first shear deformation theory and higher-order shear deformation theory. A shear correction factor is, therefore, not required. The material properties of the functionally graded plates are assumed to vary continuously through the thickness, according to a simple power law distribution of the volume fraction of the constituents. Equations of motion are obtained by utilizing the principle of virtual displacements and solved via Navier's procedure. The elastic foundation is modeled as two parameter elastic foundation. The results are verified with the known results in the literature. The influences played by transversal shear deformation, plate aspect ratio, side-to-thickness ratio, elastic foundation, and volume fraction distributions are studied. Verification studies show that the proposed theory is not only accurate and simple in solving the bending behaviour of functionally graded plates, but also comparable with the other higher-order shear deformation theories which contain more number of unknowns.

• Geomechanics and Engineering
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• v.15 no.1
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• pp.621-630
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• 2018

In the note a comprehensive and optimal passive-active mode for describing the limit failure of circular shallow tunnel with settlement is put forward to predict the catastrophic stability during the geotechnical construction. Since the surrounding soil mass around tunnel roof is not homogeneous, with tools of variation calculus, several different curve functions which depict several failure shapes in different soil layers are obtained using virtual work formulae. By making reference to the simple-form of Power-law failure criteria based on numerous experiments, a numerical procedure with consideration of combination of upper bound theorem and stochastic medium theory is applied to the optimal analysis of shallow-buried tunnel failure. With help of functional catastrophe theory, this work presented a more accurate and optimal failure profile compared with previous work. Lastly the note discusses different effects of parameters in new yield rule and soil mechanical coefficients on failure mechanisms. The scope of failure block becomes smaller with increase of the parameter A and the range of failure soil mass tends to decrease with decrease of unit weight of the soil and tunnel radius, which verifies the geomechanics and practical case in engineering.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.8 no.3
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• pp.85-90
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• 1988

A probabilistic model for the failure in a homogeneous soil slope is presented. The Safety of the slope is measured through its probability of failure rather than the customary factor of safety. The safety margin of slope failure is assumed to follow a normal distribution. Sources of uncertainties affecting characterization of soil property in a homogeneous soil layer include inherent spatial variability., estimation error from insufficient samples, and measurement errors. Uncertainties of the shear strength-along potential failure surface are expressed by one-dimensional random field models. The rupture surface, created at toe of a soil slope, has been considered to propagate towards the boundary along a path following an exponential (log-spiral) law. Having derived the statistical characteristics of the rupture surface and of the forces which act along it, the probability of failure of the slope was found. Finally the developed procedure has been applied in a case study to yield the reliability of a soil slope.