• Title/Summary/Keyword: Civil trial

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Analyzing consolidation data to predict smear zone characteristics induced by vertical drain installation for soft soil improvement

  • Parsa-Pajouh, Ali;Fatahi, Behzad;Vincent, Philippe;Khabbaz, Hadi
    • Geomechanics and Engineering
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    • v.7 no.1
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    • pp.105-131
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    • 2014
  • In this paper, the effects of variability of smear zone characteristics induced by installation of prefabricated vertical drains on the preloading design are investigated employing analytical and numerical approaches. Conventional radial consolidation theory has been adopted to conduct analytical parametric studies considering variations of smear zone permeability and extent. FLAC 2D finite difference software has been employed to conduct the numerical simulations. The finite difference analyses have been verified using three case studies including two embankments and a large-scale laboratory consolidometer with a central geosynthetic vertical drain. A comprehensive numerical parametric study is conducted to investigate the influence of smear zone permeability and extent on the model predictions. Furthermore, the construction of the trial embankment is recommended as a reliable solution to estimate accurate smear zone properties and minimise the post construction settlement. A back-calculation procedure is employed to determine the minimum required waiting time after construction of the trial embankment to predict the smear zone characteristics precisely. Results of this study indicate that the accurate smear zone permeability and extent can be back-calculated when 30% degree of consolidation is obtained after construction of the trial embankment.

Research on the Legislation theory of the Fundamental ADR Act (ADR기본법의 입법론에 관한 연구)

  • 김상찬
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.157-179
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    • 2004
  • Currently major countries, including the USA, have developed and contrived to activate ADR(Alternative Dispute Resolution) in order to both choose effective means for dispute resolution and establish the reformation of the judicial system; thus meeting people's revamped expectations due to the rapid increase of, and diversification in, civil disputes. This is why there has been some haste in many countries to organize systems for this, so called, 'the Fundamental ADR Act' which regulates the essential structure to accelerate the use of ADR and strengthen the links with trial procedures. For example, in 1999 Germany revised it Civil Procedure Act, to allow for a pre-conciliation process in cases involving only small sums of money. Whilst, with regard to the Civil Procedure Act in France, new regulations have been introduced with regard to actions before either a suit or return to conciliation. In the United Kingdom, as far back as 1988, additions to the legal structure allowed for expansion of regulations applying to ADR. By 1999 the new ADR regulations were part of the legal structure of the UK Civil Procedure Act. The USA passed the federal law for ADR in 1998. Since then the world has tried to enact this model in UNCITRAL on international conciliation. When we consider this recent trend by the world's major countries, it is desirable that the fundamental law on ADR should be enacted in Korea also. This paper traces the object, and the regulatory content required, for the fundamental ADR law to be enacted in Korea's future. Firstly, the purpose of the fundamental ADR law is limited only to the private sector, including administrative and excluding judicial sector and arbitration, because in Korea the Judicial Conciliation of the Civil Disputes Act, the Family Disputes Act and the Arbitration Act already exist. Secondly I will I examine the regulatory content of the basic ADR Act, dividing it into: 1)regulations on the basic ideology of ADR, 2)those on the transition to trial procedures of ADR, and 3)those on the transition to ADR from trial procedures. In addition I will research the regulatory limitations of ADR.

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The Clinical Trial of Terminal Cancer Patients and The Nature of Self-Determination of The Subject (말기 암 환자에 대한 임상시험과 피험자의 자기결정권의 본질)

  • Song, Young-Min
    • 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.

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An Estimation of Behavior for Wedge type Removable Soil Nailing System by Field Trial Construction (현장시험시공을 통한 쐐기형 제거식 쏘일네일링 공법의 거동 평가)

  • Han, Yeon-Jin;Park, Si-Sam;Kwon, Hyuk-Jun;Kim, Hong-Taek;Park, Ju-Seok
    • Proceedings of the Korean Geotechical Society Conference
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    • 2009.09a
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    • pp.1360-1364
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    • 2009
  • Necessity of removable soil nailing has been arisen in the soil nailing system because of problem such as civil petition for geotechnical environment and invasion of the ground boundary line and payments for use besides geotechnical engineering. Removable soil nailing system is improved soil nailing system that fixed socket arranged in boring hole for increasement of skin friction. In this study, field pull-out tests are carried out more 4 times considering installed distance of fixed socket and analyze skin friction behavior characteristics in fixed socket through analysis of measurements of strain gauge attached to fixed socket. Also, to evaluate application for wedge type removable soil nailing system analyzing displacement aspects through field pull-out tests by trial construction.

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Review of Selenium and Prostate Cancer Prevention

  • Yang, Lei;Pascal, Mouracade;Wu, Xiao-Hou
    • Asian Pacific Journal of Cancer Prevention
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    • v.14 no.4
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    • pp.2181-2184
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    • 2013
  • Prostate cancer is the most common malignancy in men in the United States. Surgery or radiation are sometimes unsatisfactory treatments because of the complications such as incontinence or erectile dysfunction. Selenium was found to be effective to preven prostate cancer in the Nutritional Prevention of Cancer Trial (NPC), which motivated two other clinical trials: the Selenium and Vitamin E Cancer Prevention Trial (SELECT) and a Phase III trial of selenium to prevent prostate cancer in men with high-grade prostatic intraepithelial neoplasia. However, these two trials failed to confirm the results of the NPC trial and indicated that the selenium may not be preventive of prostate cancer. In this article we review the three clinical trials and discuss some different points which might be potential factors underlying variation in results obtained.

Effects of Leachate during Vegetable Waste Composting using Rotary Drum Composter

  • Varma, V. Sudharsan;Kalamdhad, Ajay S.
    • Environmental Engineering Research
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    • v.19 no.1
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    • pp.67-73
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    • 2014
  • In India, disposal of vegetable market waste along with municipal solid waste in landfills or dumpsites is creating much nuisance in terms of odor nuisance, leachate production, and greenhouse gas emission into the atmosphere. Therefore, vegetable waste with high biodegradable and nutrient content is composted in a 550-L batch scale rotary drum composter to study the degradation process and its compost properties for its potential reuse as high quality compost. A total 150 kg of working volume was fixed for composting studies with two different ratios, trial A (6:3:1) of C/N 24 and trial B (8:1:1) of C/N 30, respectively. A maximum of $63.5^{\circ}C$ and $61.2^{\circ}C$ was observed in trials A and B; an average of $55^{\circ}C$ for more than 5 days, which helped in the degradation of organic matter and reduction of total and fecal coliform. The temperature dropped suddenly after the thermophilic stage in trial B, and leachate was observed due to insufficient amount of bulking agent. Mesophilic bacteria dominated during the initial stages of composting, and reduced considerably during the thermophilic stage. During the thermophilic stage, the rise in spore-forming organisms, including spore-forming bacteria, fungi, actinomycetes and streptomycetes, increased and these were predominant until the end of the composting process. By examination, it was observed that moisture and leachate production had adverse effects on the compost parameters with higher loss of micronutrients and heavy metals.

A Study on Application and Stability Analysis of Spiral Pipe Nailing System Using Simplified Trial Wedge Method (간편 시행쐐기법을 이용한 스파이럴 파이프 네일링 시스템의 안정해석 및 적용성에 관한 연구)

  • Kim, Hong-Taek;Park, Si-Sam;Park, Sung-Chul;Jung, Sung-Pill
    • Proceedings of the Korean Geotechical Society Conference
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    • 2004.03b
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    • pp.651-658
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    • 2004
  • In this study, we introduced the spiral pipe nailing system (refer as SPN system) with self drilling method, can apply to ground which is hard to keep shape of bore hole, and performed limit equilibrium analysis with simplilied trial wedge method while length ratio and bond ratio were altered to evaluate slope stability considered of tensile strength and bending stiffness. A newly soil nailing system named as the SPN system is respected to reduce displacement of nail and increase global slope stability. And effects of various factors related to the design of the SPN system, such as the type of drilling method and the bit, are examined throughout a series of the displacement-controlled field pull-out tests. 6 displacement-controlled field pull-out tests are performed in the present study and the volume of grouting arc also evaluated based on the measurements. In addition, short-term characteristics of pull-out deformations of the newly proposed SPN system are analyzed and compared with those of the general soil nailing system by carrying out the displacement-controlled field pull-out tests.

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A Study on Visual Communication Design for Effective Trial Presentation (효과적인 법정 프레젠테이션을 위한 비주얼커뮤니케이션 디자인 연구)

  • Baek, Se-Young
    • The Journal of the Korea Contents Association
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    • v.16 no.5
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    • pp.601-611
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    • 2016
  • As oral trial principle and civil participation in criminal trials spread, the environment of Korean courtroom is in need of a systematic introduction of trial presentation which can supplement with the oral trial presentation's weakness. Therefore this study analyzes the definition, types, and effectiveness of trial presentation, considering characters of the Korean court's environment. As for following research step, the most widely used trial presentation softwares in the USA and Korea are analyzed and compared in consideration of the particularity of the trial presentation. Based on this analysis, this study suggested elements to be included in the presentation software optimized for Korean court's environment as follows: 1. Ease of the insertion of various forms and media, 2. Appropriate limitation of the spectrum for graphic style, 3. Ease of use of graphics tools, 4. System functions. Such a suggestion was proposed not only to enhance the clarity, accuracy, effectiveness in developing insistence and delivery of content, but also promote aesthetic quality and consistency of presentation's visual communication aspect.

Analytical solutions for density functionally gradient magneto-electro-elastic cantilever beams

  • Jian, Aimin;Ding, Haojiang
    • Smart Structures and Systems
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    • v.3 no.2
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    • pp.173-188
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    • 2007
  • The general solution for two-dimensional magneto-electro-elastic media in terms of four harmonic displacement functions is proposed analytically. The expressions of specific solutions of magneto-electro-elastic plane problems with specific body forces are derived. Finally, based on the general solution in the case of distinct eigenvalues and the specific solution for density functionally gradient media, two kinds of beam problems with body forces depending only on the z or x coordinate are solved by the trial-and-error method.

Legal Systems and Practice of Intellectual Property Protection in Japan and China: A Comparative Analysis

  • Cai, Wanli
    • Asian Journal of Innovation and Policy
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    • v.7 no.1
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    • pp.190-206
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    • 2018
  • This article focuses on the legal systems and practice of intellectual property protection in Japan and China, including the relating civil litigation and administrative litigation procedures. The challenge of balancing the relationship between an invalidation trial and an invalid defense during the process of civil patent infringement litigation is a common issue to be solved in both Japan and China. In addition, it is quite usual that the IP products are being imported and exported across the borders due to the expansion of international trade. Accordingly, one of the most symbolic and difficult issues is how to balance the development of international trade and IP protection in each country. In other words, there is a practical issue regarding whether a parallel import of patented products is acceptable to a country or not. The key to determining this issue depends on the judgment of international exhaustion.