• Title/Summary/Keyword: Design Law

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Application of the Terms and Conditions of English Law Related to the Duty of Utmost Good Faith under Marine Insurance Contract: Korean Supreme Court Decision 2018.10.25, Docket No.2017Da272103

  • Pak, Jee-Moon
    • Journal of Korea Trade
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    • v.24 no.6
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    • pp.19-36
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    • 2020
  • Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.

A Development and Verification Process of Auto Generated Code for Fly-By-Wire Helicopter Control Law (Fly-By-Wire 헬리콥터 비행제어법칙 자동생성코드 개발 및 검증 프로세스)

  • Ahn, Seong-Jun;Kim, Chong-Sup;Cho, In-Je;Heo, Jin-Goo
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.41 no.6
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    • pp.488-494
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    • 2013
  • The control law design and analysis environment of the FBW helicopter system have been developed using model base design method. The model based design is generally used in a aircraft, unmanned aerial system and automobile as well as rotorcraft development. The model based design provides many advantages such as development risk and schedule reduction using simulation and autocode generation. This paper describes a development of process for verification and validation of auto generated code for FBW helicopter flight control law. And this process is applied for Fly-By-Wire Helicopter Development Project. The results of functional test for auto generated code meet several specific requirements.

Retrieval of Legal Information Through Discovery Layers: A Case Study Related to Indian Law Libraries

  • Kushwah, Shivpal Singh;Singh, Ritu
    • Journal of Information Science Theory and Practice
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    • v.4 no.3
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    • pp.71-83
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    • 2016
  • Purpose. The purpose of this paper is to analyze and evaluate discovery layer search tools for retrieval of legal information in Indian law libraries. This paper covers current practices in legal information retrieval with special reference to Indian academic law libraries, and analyses its importance in the domain of law.Design/Methodology/Approach. A web survey and observational study method are used to collect the data. Data related to the discovery tools were collected using email and further discussion held with the discovery layer/ tool /product developers and their representatives.Findings. Results show that most of the Indian law libraries are subscribing to bundles of legal information resources such as Hein Online, JSTOR, LexisNexis Academic, Manupatra, Westlaw India, SCC web, AIR Online (CDROM), and so on. International legal and academic resources are compatible with discovery tools because they support various standards related to online publishing and dissemination such as OAI/PMH, Open URL, MARC21, and Z39.50, but Indian legal resources such as Manupatra, Air, and SCC are not compatible with the discovery layers. The central index is one of the important components in a discovery search interface, and discovery layer services/tools could be useful for Indian law libraries also if they can include multiple legal and academic resources in their central index. But present practices and observations reveal that discovery layers are not providing facility to cover legal information resources. Therefore, in the present form, discovery tools are not very useful; they are an incomplete and half solution for Indian libraries because all available Indian legal resources available in the law libraries are not covered.Originality/Value. Very limited research or published literature is available in the area of discovery layers and their compatibility with legal information resources.

CISG as a Governing Law to an Arbitration Agreement

  • Park, Eun-Ok
    • Journal of Korea Trade
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    • v.25 no.7
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    • pp.108-121
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    • 2021
  • Purpose - This paper studies whether the CISG is applicable to the arbitration agreement when the validity of the arbitration agreement becomes an issue. To make the study clear, it limits the cases assuming that the governing law of the main contract is the CISG and the arbitration agreement is inserted in the main contract as a clause. Also, this paper discusses only substantive and formal validity of the arbitration agreement because the CISG does not cover the questions of the parties' capacity and arbitrability of the dispute. Design/methodology - This paper is based on scholarly writings and cases focusing on the principle of party autonomy, formation of contract and the doctrine of separability to discuss characteristic of arbitration agreement. In analyzing the cases, it concentrates on the facts and reasonings that show how the relative regulations and rules are interpreted and applied. Findings - The findings of this paper are; regarding substantive validity of arbitration agreement, the courts and arbitral tribunals consider general principles of law for the contract and the governing law for the main contract. In relation to formal validity of arbitration agreement, the law at the seat of arbitration or the law of the enforcing country are considered as the governing law in preference to the CISG because of the recognition and enforcement issues. Originality/value - This paper attempts to find the correlation between the CISG and the arbitration agreement. It studies scholars' writing and cases which have meaningful implication on this issue. By doing so, it can provide contracting parties and practitioners with some practical guidelines about the governing law for the arbitration agreement. Furthermore, it can help them to reduce unpredictability that they may confront regarding this issue in the future.

Human performance evaluation of the three-dimensional input devices in virtual environment system (가상현실 시스템에서의 3차원 입력장치의 인간성능 평가)

  • Park, Jae-Hui;Park, Gyeong-Su
    • Journal of the Ergonomics Society of Korea
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    • v.19 no.1
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    • pp.49-61
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    • 2000
  • An experiment was designed to evaluate Fitts' law for the three-dimensional virtual pointing task and to compare the three input devices; Spaceball, Spacemouse, and 3D-Mouse. The result showed that Fitts law fitted poorly for the three-dimensional pointing tasks with relatively low coefficients of determinant. Three reasons, high degree-of-freedom, dynamic egocentric viewpoint change, and clutching problem were discussed to explain the poor fitness of Fitts' law. In terms of device comparison, the 3D-Mouse was superior to the other input devices. Also, the stereoscopic display significantly increased the performance. The results of this study can be used for the design of virtual control tasks and the selection of suitable input devices.

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A Proposal of Rural Landscape Policy for Preservation, Formation and Management (농촌경관의 보전.형성.관리를 위한 정책제안 연구)

  • Joo, Shin-Ha
    • Journal of Korean Society of Rural Planning
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    • v.14 no.4
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    • pp.77-86
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    • 2008
  • The purpose of this study is to propose the policies for preservation, formation and management of Korean rural landscape. For this, the current rural landscape policies are examined and recent legislative changes are also surveyed. The Landscape Law and the Comprehensive Countermeasures for Rural Landscape Improvement are the most significant changes. The proposed issues are as follows: 1. the establishment of rural landscape planning system, 2. the arrangement of the criteria and guideline for rural landscape planning and design, 3. the re-arrangement of the rural landscape index and landscape map, 4. the survey and management of the rural landscape amenity, 5. the revitalization of the landscape projects for rural area, 6. the pragmatic connection with other law and system(especially the Landscape Law), 7. the education and cultivation of the rural landscape expert groups.

Game Optimal Receding Horizon Guidance Laws and Its Equivalence to Receding Horizon Guidance Laws

  • Park, Jae-Weon;Kim, Ki-Baek
    • Journal of Mechanical Science and Technology
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    • v.16 no.6
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    • pp.770-775
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    • 2002
  • In this paper, a game optimal receding horizon guidance law (GRHG) is proposed, which does not use information of the time-to-go and target maneuvers. It is shown that by adjusting design parameters appropriately, the proposed GRHG is identical to the existing receding horizon guidance law (RHG), which can intercept the target by keeping the relative vertical separation less than the given value, within which the warhead of the missile is detonated, after the appropriately selected time in the presence of arbitrary target maneuvers and initial relative vertical separation rates between the target and missile. Through a simulation study, the performance of the GRHG is illustrated and compared with that of the existing optimal guidance law (OGL).

An Adaptive Flight Control Law Design for the ALFLEX Flight Control System

  • Imai, Kanta;Shimada, Yuzo;Uchiyama, Kenji
    • 제어로봇시스템학회:학술대회논문집
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    • 2001.10a
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    • pp.148.5-148
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    • 2001
  • In this report, an adaptive flight control law based on a linear-parameter-varying (LPV) model is presented for a flight control system. The control system is designed to track an output of a vehicle to a reference signal from the guidance system, which generates a reference flight path. The proposed adaptive control law adjusts the controller gains continuously on line as flight conditions change. The obtained adaptive controller guarantees global stability over a wide flight envelope. Computer simulation involving six-degree-of-freedom nonlinear flight dynamics is applied to Japan´s automatic landing flight experimental vehicle (ALFLEX) to examine the effectiveness of the proposed adaptive flight control law.

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The Power of "Mass Law"

  • 김정태;김정수;김운경;김석현
    • Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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    • 2002.05a
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    • pp.710-714
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    • 2002
  • Whenever a noise problem of a product is concerned, a first step is to identify the energy transmission path whether it is an air-borne or a structure-borne. Depending on the characteristic of the noise path, tools on the noise reduction are different. In this paper. an important aspect of the “mass law” in a noise transmission has been investigated. Since an air-borne has 20 dB/Decade, and a structure-borne 10 dB/Decade of a sound transmission loss due to a mass, an engineer who aims to have a light product design should have an enough knowledge on the mass law, especially, the sensitivity of the weight itself. A honeycomb plate is examined as a sample of a light structure to implement a mass law.

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Three-axis Attitude Control for Flexible Spacecraft by Lyapunov Approach under Gravity Potential

  • Bang, Hyo-Choong;Lee, Kwang-Hyun;Lim, Hyung-Chul
    • International Journal of Aeronautical and Space Sciences
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    • v.4 no.1
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    • pp.99-109
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    • 2003
  • Attitude control law synthesis for the three-axis attitude maneuver of a flexible spacecraft model is presented in this study. The basic idea is motivated by previous works for the extension into a more general case. The new case includes gravitational gradient torque which has significant effect on a wide range of low earth orbit missions. As the first step, the fully nonlinear dynamic equations of motion are derived including gravitational gradient. The control law design based upon the Lyapunov approach is attempted. The Lyapunov function consists of a weighted combination of system kinetic and potential energy. Then, a set of stabilizing control law is derived from the basic Lyapunov stability theory. The new control law is therefore in a general form partially validating the previous work in some sense.