• Title/Summary/Keyword: Civil Procedure Law

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Vibration of multilayered functionally graded deep beams under thermal load

  • Bashiri, Abdullateef H.;Akbas, Seref D.;Abdelrahman, Alaa A.;Assie, Amr;Eltaher, Mohamed A.;Mohamed, Elshahat F.
    • Geomechanics and Engineering
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    • v.24 no.6
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    • pp.545-557
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    • 2021
  • Since the functionally graded materials (FGMs) are used extensively as thermal barriers in many of applications. Therefore, the current article focuses on studying and presenting dynamic responses of multilayer functionally graded (FG) deep beams placed in a thermal environment that is not addressed elsewhere. The material properties of each layer are proposed to be temperature-dependent and vary continuously through the height direction based on the Power-Law function. The deep layered beam is exposed to harmonic sinusoidal load and temperature rising. In the modelling of the multilayered FG deep beam, the two-dimensional (2D) plane stress continuum model is used. Equations of motion of deep composite beam with the associated boundary conditions are presented. In the frame of finite element method (FEM), the 2D twelve-node plane element is exploited to discretize the space domain through the length-thickness plane of the beam. In the solution of the dynamic problem, Newmark average acceleration method is used to solve the time domain incrementally. The developed procedure is verified and compared, and an excellent agreement is observed. In numerical examples, effects of graduation parameter, geometrical dimension and stacking sequence of layers on the time response of deep multilayer FG beams are investigated with temperature effects.

Analysis of Research Trends in the 30 Years of 'Journal of Arbitration Studies' ('중재연구' 30년간의 연구동향 분석 - 한국중재학회 창립30주년에 즈음한 학술연구 동향분석 -)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.31 no.2
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    • pp.3-22
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    • 2021
  • Civil and commercial disputes can be resolved through alternative dispute settlement systems other than court proceedings. Among them, the arbitration procedure is a system that is clearly distinguished from the mediation procedure in which the dispute is terminated by agreement between the parties. The arbitration proceedings shall have the same effect as the result of the final judgment by the decision of a third-party arbitrator, and its essence is a judgment. The Korean Arbitration Association Studies was founded in December 1990 to recognize the importance of arbitration procedures and conduct specialized research on them, with professional research on 'arbitration procedures' continuing until today. Thus, the Korean Arbitration Association Studies is positioned as the only specialized research organization in the field of arbitration. In the case of the Korean Arbitration Association Studies, which is the only society in Korea related to arbitration and alternative dispute resolution, the members are mainly scholars majoring in trade and commerce and ones majoring in law. This situation reflects the distinctive character of the arbitration system because it is a matter of dispute procedures related to trade and commerce and many scholars who research trade and commerce need to prepare for possible disputes. In addition, the arbitration procedure is a dispute settlement procedure that substitutes for litigation because it has research value as a legal system. In particular, the 'Journal of Arbitration Studies' published by the Korean Arbitration Association plays a role in mediation, as well as mediation and presentation of research papers in the ADR field. This study analyzes the trends of mediation and ADR-related papers published in 'Journal of Arbitration Studies', an academic journal of the Korean Arbitration Association Studies, in four dimensions, celebrating the 30th anniversary of the Korean Arbitration Association Studies. First, this study examined which sub-themes are mainly studied among the various viewpoints of mediation through thematic analysis. Second, it looked at what methodology was used to study intervention at the methodological level. Third, it assessed what countries and regions had been mainly studied at the regional level. Fourth, in terms of content, what kind of research had been mainly conducted and what kind of research was relatively insufficient was investigated, analyzing the research results of the last 30 years and presenting a milestone for the research direction of 'Journal of Arbitration Studies' in the future.

The Guarantee of Criminal Victim's Information Rights (범죄피해자의 정보권보장을 위한 방안)

  • Yang, Kyung Kyoo
    • Convergence Security Journal
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    • v.13 no.5
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    • pp.137-145
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    • 2013
  • The most important thing in the trial reveal the truth regardess of civil trial or criminal trial. The criminal procedure should be amended to guarantee victims the right to attend court hearings, to receive information about the progress of their case. But the new Criminal Procedure Law 2007 stipulated merely reading right of investigation records after prosecution while reading and printing rights prior to prosecution were not legislated. All sections of the criminal justice process must ensure that the process of dealing with the offender should not increase the distress or add to the problems of victims of crime in secondary victimisation. Reading and printing rights of prior to prosecution should be stipulated at earliest to protect the criminal victims and to prevent the secondary victimisation, The purpose of this study is to practically protect the right of the victims on the criminal procedures.

Dispute Resolution of West and East German Trade and Internal-Korean Economic Relations (동서독 상사분쟁해결방안이 남북한 분쟁해결에 주는 시사점)

  • Jeong Sun-Ju
    • Journal of Arbitration Studies
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    • v.15 no.1
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    • pp.27-66
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    • 2005
  • From the reunification of Germany we can learn much for the reunification of Korea. That particularly applies for the dispute resolution of the trade relations between both states. The domestic trade relation, which was the only contractually regulated relation between two states for a long period of time, played a crucial role in the reunification of Germany, In this research paper, we examine how the economic disputes in divided Germany had been settled, and consider for the amicable economic relations between south and north Korea, what can we learn from that. In Germany, the disputes from the trade relations could be settled via the civil procedure, because the judicial codes of both German states were the same until 1975, However, that does not apply in Korea, as two Koreas have another law and another court system, from the start. We argue that arbitration is the best way for the completion of the economic disputes. Besides the general advantages of the arbitral procedure, the arbitration is particularly suitable to regulate the economic disputes from Korea-Korea relations, because of glaring differences of the legal status and reality of both countries. Furthermore, the standing arbitral tribunals would be in the economic relations between two Koreas more effectively than the ad-hoc arbitral tribunals. The ad-hoc arbitration generally requires a lot of time to setting up an arbitral Oibunal. For the rapid and obligatory settlement of dispute, the Convention of Currency, Economic and Social Union between West and East Germany 1990(Staatsvefrag zur Wahrungs-, Wirtschafts- und Sozialunion zwischen der Bundesrepublik und der DDR) also planned the institutional arbitration. The organizational support of the internal-Korean arbitration can take place via already existing institution, namely in south Korea 'The Korean Commercial Arbitration Board' Periodic decision reports and publication of substantial awards at the early stage seem appropriate.

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A Study of User Behaviors Based on Data from the Beopmaru, Supreme Court Library of Korea (법원도서관 법마루 도서대출 데이터 기반 이용자 연구)

  • Jiyoung Kwak
    • Journal of the Korean Society for information Management
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    • v.40 no.3
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    • pp.143-162
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    • 2023
  • This study analyzed the Beopmaru, Supreme Court Library of Korea, circulation data to identify user lending patterns and proposed a plan to reflect the analysis results in future user services. In 2022, Beopmaru's collection of books was 212,608, with law books accounting for 73%. However, general books accounted for 83% of actual circulation. Looking at the usage coefficient by topic, the literature field was the most actively used at 5.85, and the law field was the least used at 0.23. In the case of interlibrary loan, both KERIS member institutions and the Korean Bar Association had the highest loan ratios in the legal field, civil law field, and judicial litigation procedure field, in that order. However, member institutions affiliated with KERIS, a legal academic community, were lending law books on a wider range of subject areas than the Korean Bar Association, a practical organization. To improve access to legal information, the Beopmaru public service was implemented, but in reality, the use of reading space was high, and the proportion of general books loaned was much higher. In order to improve this, it seems necessary to strengthen the promotion of Beopmaru loan services, provide personalized services, improve book lending regulations, strengthen online services, and establish a cooperative network.

Post-seismic assessment of existing constructions: evaluation of the shakemaps for identifying exclusion zones in Emilia

  • Braga, Franco;Gigliotti, Rosario;Monti, Giorgio;Morelli, Francesco;Nuti, Camillo;Salvatore, Walter;Vanzi, Ivo
    • Earthquakes and Structures
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    • v.8 no.1
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    • pp.37-56
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    • 2015
  • The Emilia, May-July 2012, earthquake has dramatically highlighted the only the hazards facing the people in insufficiently secured workplaces, but also the socio-economic consequences of interruption of production activities. After the event, in order to guarantee suitable safety levels, the Italian government asked for a generalized seismic retrofit of buildingsaffected by the earthquake under consideration. Considering that Emilia is one of the most industrialized Italian region, the number of the industrial buildings to be verified could however lead to not acceptable resumption of production time. So, with the aim to speed up the recovery, were leaved out from this request the buildings which had undergone a strong enoughshaking without any damage. In practice, the earthquakes were being used as a "test" to evaluate the seismic structural strength. Besides, the Italian government provision specifies also the zones, within which buildings that escaped evident damage are exempt from obligatory checks, and termed "exclusion zones", shall be individuated using the data provided by the Italian National Institute of Geophysics and Volcanology in the form of so-called "shakemaps". Obviously, the precision of such data greatly influences the determination of the exclusions zones and so all the economic issues related to them. Starting from these considerations, the present paper describes an evaluation of the reliability of the procedure of shakemap generation with specific regard to the seismic events that struck the Emilia region on May 20 and 29, 2012.

Study on Improving the System for the Revitalization and Efficient Management of the Local Commercial Area (지역상권 활성화 및 효율적 관리를 위한 제도 개선방안 연구)

  • Kim, Seung-Hee;Kim, Young-Ki
    • Journal of Distribution Science
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    • v.11 no.5
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    • pp.55-62
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    • 2013
  • Purpose - This study aims to determine the problems and limitations of the Commercial Area Activation System, which was created by a special law for promoting traditional markets and shopping districts to revitalize and efficiently manage the central commercial area in different regions. We also suggest different options for its improvement. Research design, data, and methodology - We also look into the problems of which is being promoted as a demonstration project, from the aspects of legal text and guidelines. Results - The current commercial area activation system has several problems. First, the establishment of a comprehensive basic plan on the commercial area activation is not a requirement. Second, the benefit principle should be established to prevent the moral laxity of merchants who serve important roles in the main components of the commercial area activation business when they conduct their business. Third, the current special law constrains the commercial management organization, as under the civil law yields a limitation on finding a profitable business model. Fourth, to efficiently, constructing a system that links the other central government businesses and is needed. into a regional development budget or a budget for funding small businesses that the central government can control, which is effective. Further, we offer some suggestions for medium- and long-term policies. First, an integrated coordination mechanism at the central office level should be installed while setting the basic policy to revitalize the Based on this policy, local governments need a system that exclusively based on the after establishing a comprehensive plan for urban regeneration and getting approval from the integration organization. Second, a system that enables an understanding of the problems with business promotion by monitoring the procedure of supporting projects and regularly assessing business achievements is needed. Third, a plan is needed for resolving conflicts between various interested parties that adopts the commercial area activation system for carrying out a total redevelopment of the commercial area where small shops are densely located. A market maintenance project has been conducted as a means to recover our traditional market, which was economically depressed, and to revive the local economy, but it is mostly conducted in the form of reconstruction or redevelopment and represents the interests of landowners and merchants. Thus, it is most likely to lead to a gradual disappearance of traditional markets. Conclusions - This study looks primarily into the problems that appeared in the legal text or the guidelines regarding the direction of improvement of the commercial area activation business that has been going on as a demonstration project since 2011 and suggests some solutions.

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The Judgment of Criminal Liability and Psychiatric Evaluation for Mentally Defective Person (정신장애자의 형사책임능력 판단과 정신감정)

  • Jung, Yong-Gi
    • Korean Security Journal
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    • no.43
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    • pp.177-204
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    • 2015
  • The Korean Criminal Code ${\S}10$ (1) provides that "The act of a person who, because of mental disorder, is unable to make discriminations or to control one's will, shall not be punished". Therefore, it'll not be able to be given criminal punishment if a mentally defective person is determined to lack the criminal liability. The problem about judging the criminal liability for the mentally defective person exists in areas where the criminal law intersects with psychiatry. Although the supreme court ultimately judges whether the criminal liability by mental defectiveness exists or not, the judgment of mental defectiveness, which is biological element, needs psychiatric knowledge and it is no wonder to rely on this. In particular, a change is required in the procedure and contents of mental examination for a mentally defective person as implementation of the Civil Participation in Criminal Jury Trial. It is needed the improvement of procedure to submit more accurate mental examination and the result of it in order that jurors are able to understand the result of mental examination and make an decision. This is because jurors consisting of ordinary citizens take part in trial. For guaranteeing the precise result of mental examination in the criminal justice procedure, it is necessary to establish the pool of manpower consisting of psychiatrists or psychologists who have completed the specific educational programs about the criminal justice and legal psychiatry, and it is desired to carry out the psychiatric test with selecting appraisers who belong to a pool of manpower. Furthermore, it is required to draw up and submit the written appraisal of mental examination which is easy to be known because of considering the nonprofessional of jurors consisting of ordinary citizens in the Civil Participation in Criminal Jury Trial. In order to gain a fair verdict of the jury about whether mental defectiveness exists or not, it is recommended the prompt submission of the written appraisal of mental examination, the presentation of the written appraisal of mental examination summarizing the important contents, and making out the written appraisal of mental examination for jurors to understand it easily.

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Finite Element Simulation of Hysteretic Behavior of Structural Stainless Steel under Cyclic Loading (반복하중을 받는 스테인리스강의 이력거동 해석모델 개발)

  • Jeon, Jun-Tai
    • Journal of the Society of Disaster Information
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    • v.15 no.2
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    • pp.186-197
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    • 2019
  • Purpose: This study intends to develop a nonlinear cyclic plasticity damage model in the framework of finite element formulation, which is capable of taking large deformation effects into account, in order to accurately predict the hysteretic behavior of stainless steel structures. Method: The new cyclic constitutive equations that utilize the combined isotropic-kinematic hardening rule for plastic deformation is incorporated into the damage mechanic model in conjunction with the large strain formulation. The damage growth law is based on the experimental observations that the evolution of microvoids yields nonlinear damage accumulation with plastic deformation. The damage model parameters and the procedure for their identification are presented. Results and Conclusion: The proposed nonlinear damage model has been verified by simulating uniaxial strain-controlled monotonic and cyclic loading tests, and successfully applied to a thin-walled stainless steel pipe subjected to constant and alternating strain-controlled cyclic loadings.

Dynamic analysis of porous functionally graded layered deep beams with viscoelastic core

  • Assie, Amr;Akbas, Seref D.;Kabeel, Abdallah M.;Abdelrahman, Alaa A.;Eltaher, Mohamed A.
    • Steel and Composite Structures
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    • v.43 no.1
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    • pp.79-90
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    • 2022
  • In this study, the dynamic behavior of functionally graded layered deep beams with viscoelastic core is investigated including the porosity effect. The material properties of functionally graded layers are assumed to vary continuously through thickness direction according to the power-law function. To investigate porosity effect in functionally graded layers, three different distribution models are considered. The viscoelastically cored deep beam is exposed to harmonic sinusoidal load. The composite beam is modeled based on plane stress assumption. The dynamic equations of motion of the composite beam are derived based on the Hamilton principle. Within the framework of the finite element method (FEM), 2D twelve -node plane element is exploited to discretize the space domain. The discretized finite element model is solved using the Newmark average acceleration technique. The validity of the developed procedure is demonstrated by comparing the obtained results and good agreement is detected. Parametric studies are conducted to demonstrate the applicability of the developed methodology to study and analyze the dynamic response of viscoelastically cored porous functionally graded deep beams. Effects of viscoelastic parameter, porosity parameter, graduation index on the dynamic behavior of porous functionally graded deep beams with viscoelastic core are investigated and discussed. Material damping and porosity have a significant effect on the forced vibration response under harmonic excitation force. Increasing the material viscosity parameters results in decreasing the vibrational amplitudes and increasing the vibration time period due to increasing damping effect. Obtained results are supportive for the design and manufacturing of such type of composite beam structures.