• Journal of the Architectural Institute of Korea Planning & Design
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• v.34 no.10
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• pp.25-32
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• 2018

The ending of the warranty under the current Multi-Housing Management Act has a lot of problem as it is very disadvantageous to the business entity and it makes hard for the contractor to finish the repair work. It is almost none for the business entity to get the written confirmation of the expiration of warranty liability from the client even though it sincerely completed their warranty obligation. It is because the client asks for the works other than fair repair arising from the defect in the work, such as the upgrade work for the enhancement of the value of their assets and the repair work which the client should take care before it issues the written confirmation of the expiration of warranty liability to the contractor. "So, though there is the law specifying this matter, the parties are relying on the unnecessary civil agreement. This leads to the big social and economic losses. If there is no agreement made between the client and the contractor, that leads to the legal dispute. This research on cases of 10 apartments shows that the types of works which the apartment residents ask for depend on the characteristics and conditions of the apartments and that they ask for various kinds of compensational works. In addition, it was found that there were many cases in which even the civil agreement is not recognized as the ending of the warranty obligation even if the proper procedure is taken for the ending of warranty by the contractor or business entity. If the collateral is to be offered to the client, the contractor would get more hard because there is the additional cost other than the warranty obligation, thus damaging the legal objective of the laws trying to minimize the damage made to the resident of the apartments. It means that the increase in the unnecessary warranty cost would lead to the increase in the selling price of apartment and the ending of the dispute through the civil procedure would make the Multi-Housing Act ineffective.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.211-237
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• 2014

Because of unpredictability and high possibility of abnormal results by clinical trials compared to general medical behaviors, a procedure for ensuring with sufficient explanations by investigators must be secured. Therefore, in a sequence of clinical trials, what kinds of scope, stage, and method of explanations provided by investigators, including doctors or researchers, to trial subjects are closely related to the compensation for damages by violation of liability for explanation. In case of application of clinical trials to patients who have critical illness such as cancer, issues of "Quality of Life" regarding trial subjects, cancer patients, should be discussed. Especially, in case of clinical trials for terminal cancer patients, the right of subjects' self-determination, which is a fundamental principle in medical behaviors, should be discussed. The right of self-determination includes participation in clinical trials for the possibility of life-sustaining even a little bit, or no participation in clinical trials in order to have a time for completing the rest of his life. Like this, if the extent and scope of explanations related to the issues of "Quality of Life" are raised as main issues, the evaluation of "Quality of Life", should be a prerequisite. In many occasions, realistically, despite bad results such as deaths or serious adverse drug reactions after clinical trials, it may not be easy for compensating to trial subjects or their survivors, who requested civil compensation for damage. Futhermore, in abnormal results after concealment of clinical trials or performance of clinical trials without permission, and in the case of trial subjects' failures of proving proximate cause between the clinical trials and abnormal results, problematic results such as no protection to the trial subjects could be occurred. In performing clinical trials, investigators should provide sufficient explanations for trial subjects and secure voluntary informed consents from the trial subjects. Therefore, clinical trials without trial subjects' permissions and the informed consent process violate trial subjects' rights of self-determination, and the investigators shall be liable for compensation for damages. Then, issues might be addressed are what are essential contents of patients' "rights of self-determination" infringed by clinical trials without subjects' permissions. Two perspectives about patients' rights of self-determination might be considered. One perspective regards physical distress of patients (subjects) from therapies without sufficient explanations as the crux of the matter. The other perspective regards infringement of human dignity caused by being subjects without permission as the crux of the matter irrespective of risks' big and small influences. This research follows perspective of the latter. Forming constant fiduciary relation between investigators (doctors) and subjects (patients) pursuant medical contracts, and in accordance with this fiduciary relation, subjects, who are patients, have expectations of explanations and treatments by the best ways. If doctors and patients set this forth as a premise, doctors should assume civil liability when doctors infringe patients' expectations.

• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.219-263
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• 2011

"Wrongful conception" is a medical malpractice claim in which the plaintiff is the parent of a normal, healthy infant whose conception was unplanned and unwanted. Medical malpractice in wrongful conception can be the result of a failure to provide informed consent to a patient, failure to properly perform a surgery, or a physician's negligent handling of a patient's problems. In the concrete, wrongful conception cases fall into two categories; those involving pre-conception negligence, such as a failed contraceptive, sterilization or failing of the controlling of embryo-number on the IVF, and those involving post-conception negligence, such as a failure to diagnose a pregnancy or to perform an abortion procedure. In addition, Medical malpractice can be the result of a failure to provide informed consent to a patient. When bad results occur by medical malpractice or failure to provide informed consent to a patient, the range of recovery of damages is decided by a traditional civil liability law. However the calculation of damages for wrongful conception is not easy because the high value of life is included in that case. So many courts opinions in foreign country and Seoul High Court decision in 1996 allow damages for the pregnancy, birthing process and sterilization costs, but refuses to allow damages for child rearing expenses. As to the range of recovery of damages for wrongful conception, one approach says that to allow damages in a suit such as this would mean that the physician would have to pay for the fun, joy and affection which plaintiff will have in the rearing and educating of the plaintiff's baby. To allow such damages would be against the dignity of the baby based on article 10 of the Constitution. However another approach says that damages are recoverable for all expenses related to child birth as well as for child rearing costs. Because the damages that the parents should bear a burden to the tort damage done is not a baby itself but child rearing costs. In other words, although the baby is healthy or not, economic burden of the parents can not be disregard. And denial of compensation for costs of child rearing may invalidate the role of liability law, grant the physician with a exemption certificate of liability. As a result, the medical field of procreation can be easily isolated from a liability of reparation. Therefore, on the liability law like the other medical malpractice action, parents who became pregnant or gave a birth by physician, wrongfully performed sterilization operation, etc. should be compensated for all damages relevant to unplanned and unwanted conception or birth as well as costs of child rearing.

• International Journal of Computer Science & Network Security
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• v.22 no.6
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• pp.25-32
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• 2022

The hypothesis of the study of the article is that the use of elements of artificial intelligence will increase the effectiveness of the educational process of the university if: a set of pedagogical conditions for the construction and use of an expert system with elements of artificial intelligence in the educational process of the university is revealed; a model for preparing a future teacher of vocational training for the use of elements of artificial intelligence has been developed; a special course has been developed that contributes to the implementation of the professional orientation of education. In accordance with this, the following tasks were studied in the article: An analysis of scientific and methodological research in the field of the current state, prospects for the development and use of elements of artificial intelligence in the preparation of a future teacher of vocational training and to determine the dynamics of the introduction of intelligent expert systems in education; A set of pedagogical conditions for the construction and use of an expert system with elements of artificial intelligence in the educational process of a university is revealed; It is substantiated to develop a model for preparing a teacher of vocational training to use elements of artificial intelligence.

• Journal of Arbitration Studies
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• v.33 no.2
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• pp.3-21
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• 2023

Chinese law does not directly stipulate the criteria for determining the nationality of arbitral awards, and the Civil Procedure Law stipulates that arbitral awards are divided into domestic arbitral awards and foreign arbitral awards based on the location of the arbitration institution managing the arbitration cases. This indirectly classifies the nationality of the arbitral award based on the location of the arbitral institution. However, with regard to the nationality of eight arbitral awards in this paper made in China by the foreign arbitration institutions, the Chinese courts determined the nationality by arbitrarily selecting the criteria for the location of the arbitration institution and the criteria for the place of arbitration, except for arbitral awards made in Hong Kong. China's unclear attitude toward the criteria for determining the nationality of arbitral award has resulted not only obscures the country that can exercise the right to revoke arbitral award, but also obscures the laws and regulations applied to the approval and execution of arbitral awards. In other words, since the right to revoke the arbitral awards resides with the country of nationality of the awards, such an ambiguous attitude in China prevents the parties from responding to the cancellation lawsuit by predicting the nationality of the arbitral awards in advance. Furthermore, since China made a declaration of reciprocity reservations while joining the New York Convention, in cases where the criteria for location of the arbitral institution is applied, if the arbitration institution belongs to a contracting state, the it must apply the New York Convention to approve and execute arbitration decisions, but if it is not a contracting state, it must be approved and executed by mutual arbitration agreements or reciprocity principles. These results can lead to different results in approval and execution of the same arbitral awards depending on how the nationality is determined.

• Journal of Legislation Research
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• no.55
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• pp.57-94
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• 2018

Crisis of trust in Korean society, especially south-south conflicts among Korean political circle, civil society and peoples on the issue of the Korean peninsula policy driven by south Korean government, have weakened the sustainable and consistent energy of the policy for peace and unification of Korea peninsula. At the moment of drastic change of south-north relation in Korean peninsula, National agreement as a foundation of sustainable peace and unification policy has very important meaning. Because of this, national contract of unification as a kind of social concertation, has been demanded. National contract for peace and unification is an unprecedented process for making unofficial legal norm because it authorize quasi-legislative binding force on the agreement which is concluded by the Korean political circle, civil society and peoples for the peace and unification of Korean peninsula. National contract for peace and unification includes 'agreed aim and principles' for peace, prosperity and unification as well as process and result. And National contract for peace and unification, also is characterized long duration of aim achievement and openness of participating subjects. In terms of law, it will be legitimate source for comprehensive modification of international and internal law. In addition, The nature of National contract for peace and unification, as a people's law, should be considered as soft law which has the power to realize its contents through the enactment of legislation and policy. In order to guarantee the establishment and effectiveness of National contract for peace and unification, the setting of organization is need to determine the range of representatives, who participate in the process of contract making, procedure of contract and to carry out the contract after the conclusion of National contract for peace and unification. For the reason, the Council of National Contract for Peace and Unification as a independent administrative government committee and 'Act on National Contract for Peace and Unification' is needed.

• Wind and Structures
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• v.20 no.3
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• pp.423-448
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• 2015

In this paper the unsteady fluid-structure interaction (FSI) problems with large structural displacement are solved by partitioned solution approaches in the arbitrary Lagrangian-Eulerian finite element framework. The incompressible Navier-Stokes equations are solved by the characteristic-based split (CBS) scheme. Both a rigid body and a geometrically nonlinear solid are considered as the structural models. The latter is solved by Newton-Raphson procedure. The equation governing the structural motion is advanced by Newmark-${\beta}$ method in time. The dynamic mesh is updated by using moving submesh approach that cooperates with the ortho-semi-torsional spring analogy method. A mass source term (MST) is introduced into the CBS scheme to satisfy geometric conservation law. Three partitioned coupling strategies are developed to take FSI into account, involving the explicit, implicit and semi-implicit schemes. The semi-implicit scheme is a mixture of the explicit and implicit coupling schemes due to the fluid projection splitting. In this scheme MST is renewed for interfacial elements. Fixed-point algorithm with Aitken's ${\Delta}^2$ method is carried out to couple different solvers within the implicit and semi-implicit schemes. Flow-induced vibrations of a bridge deck and a flexible cantilever behind an obstacle are analyzed to test the performance of the proposed methods. The overall numerical results agree well with the existing data, demonstrating the validity and applicability of the present approaches.

• Structural Engineering and Mechanics
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• v.33 no.6
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• pp.675-696
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• 2009

In this paper, a unified solution method is presented for the classical beam theory. In Strength of Materials approach, the geometry, material properties and load system are known and related with the unknowns of forces, moments, slopes and deformations by applying a classical differential analysis in addition to equilibrium, constitutive, and kinematic laws. All these relations are expressed in a unified formulation for the classical beam theory. In the special case of simple beams, a system of four linear ordinary differential equations of first order represents the general mechanical behaviour of a straight beam. These equations are solved using the numerical differential quadrature method (DQM). The application of DQM has the advantages of mathematical consistency and conceptual simplicity. The numerical procedure is simple and gives clear understanding. This systematic way of obtaining influence line, bending moment, shear force diagrams and deformed shape for the beams with geometric and load discontinuities has been discussed in this paper. Buckling loads and natural frequencies of any beam prismatic or non-prismatic with any type of support conditions can be evaluated with ease.

• Structural Engineering and Mechanics
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• v.75 no.6
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• pp.713-722
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• 2020

This article aims to illustrate the damped dynamic responses of layered functionally graded (FG) thick 2D beam under dynamic pulse sinusoidal load by using finite element method, for the first time. To investigate the response of thick beam accurately, two-dimensional plane stress problem is assumed to describe the constitutive behavior of thick beam structure. The material is distributed gradually through the thickness of each layer by generalized power law function. The Kelvin-Voigt viscoelastic constitutive model is exploited to include the material internal damping effect. The governing equations are obtained by using Lagrange's equations and solved by using finite element method with twelve -node 2D plane element. The dynamic equation of motion is solved numerically by Newmark implicit time integration procedure. Numerical studies are presented to illustrate stacking sequence and material gradation index on the displacement-time response of cantilever beam structure. It is found that, the number of waves increases by increasing the graduation distribution parameter. The presented mathematical model is useful in analysis and design of nuclear, marine, vehicle and aerospace structures those manufactured from functionally graded materials (FGM).

• Coupled systems mechanics
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• v.4 no.4
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• pp.337-364
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• 2015

In this paper we present methodology for parameters identification of constitutive model which is able to present behavior of a connection between two members in a structure. Such a constitutive model for frame connections can be cast in the most general form of the Timoshenko beam, which can present three failure modes. The first failure mode pertains to the bending in connection, which is defined as coupled plasticity-damage model with nonlinear softening. The second failure mode is seeking to capture the shearing of connection, which is defined as plasticity with linear hardening and nonlinear softening. The third failure mode pertains to the diffuse failure in the members; excluding it leads to linear elastic constitutive law. Theoretical formulation of this Timoshenko beam model and its finite element implementation are presented in the second section. The parameter identification procedure that will allow us to define eighteen unknown parameters is given in Section 3. The proposed methodology splits identification in three phases, with all details presented in Section 4 through three different examples. We also present the real experimental results. The conclusions are stated in the last section of the paper.