• 과학기술학연구
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• 제15권2호
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• pp.229-262
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• 2015

20세기 중반 이후, 거대과학기술 시스템과 대량생산 체제의 발달에 수반되어 방사능, 공해, 새로운 합성물질 및 제조물 등 후기 근대적 위험(late modern risk)에 노출된 다수의 피해자들이 나타났다. 이들이 제기한 환경 공해소송 및 제조물 책임 소송에서 과학적 인과관계 규명과 법적 책임 판단은 과학기술과 법 영역에서 가장 첨예한 논쟁의 대상으로 부상했다. 이 글은 한국 담배소송에서 후기 근대적 위험에 대응하고자 나타났던 여러 과학기술적, 법적 도구들이 어떻게 적극적으로 사용되며 흡연과 폐암의 인과관계에 대한 새로운 법적 판단을 이끌어 내었는지 분석했다. 한국 법정에서 역학과 위험사회 질병의 정의를 둘러싼 첨예한 논쟁이 벌어졌으며, 인과관계 논쟁의 '해결' 과정에서 법적 규범, 책임 및 과학적 증거에 대한 후기 근대적 재해석의 틀이 마련되었던 것이다. 결론으로 위험사회에서의 피해와 법적 정의 구현에 대한 새로운 합의 도출 과정에서 과학기술과 법의 상호작용과 그 변화에 대한 이해가 핵심적이었으며, 이러한 이해가 후기 근대적 환경 공해소송과 제조물 소송에 대한 과학기술학적 분석에 유용할 것이라 제안한다.

• 화약ㆍ발파
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• 제8권1호
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• pp.3-16
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• 1990

The cautious blasting works had been used with emulsion explosion electric M/S delay caps. Drill depth was from 3m to 6m with Crawler Drill $\varphi{70mm}$ on the calcalious sand stone(sort-moderate-semi hard Rock). The total numbers of feet blast were 88. Scale distance were induces 15.52-60.32. It was applied to propagation Law in blasting vibration as follows. Propagtion Law in Blasting Vibration $V=K(\frac{D}{W^b})^n$ where V : Peak partical velocity(cm/sec) D : Distance between explosion and recording sites (m) W : Maximum Charge per delay-period of eighit milliseconds or more(Kg) K : Ground transmission constant, empirically determind on th Rocks, Explosive and drilling pattern ets. b : Charge exponents n : Reduced exponents Where the quantity $D/W^b$ is known as the Scale distance. Above equation is worked by the U.S Bureau of Mines to determine peak particle velocity. The propagation Law can be catagrorized in three graups. Cabic root Scaling charge per delay Square root Scaling of charge per delay Site-specific Scaling of charge per delay Charge and reduction exponents carried out by multiple regressional analysis. It's divided into under loom and over loom distance because the frequency is verified by the distance from blast site. Empirical equation of cautious blasting vibration is as follows. Over 30m----under l00m----- $V=41(D/3\sqrt{W})^{-1.41}$ -----A Over l00m-----$V= 121(D/3\sqrt{W})^{-1.66}$-----B K value on the above equation has to be more specified for furthur understang about the effect of explosives, Rock strength. And Drilling pattern on the vibration levels, it is necessary to carry out more tests.

• 무역상무연구
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• 제55권
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• pp.155-181
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• 2012

This study considered as precautions in light of practical affairs related to a claim for damages focusing on CISG (1980) and PICC (2004). Given summarizing contents of this study, those are as follows. First, when exercising a claim for damages, proving the damages may be difficult and hard. Thus, there is necessity for stating the liquidated damages clause in contract given conclusion of contract. Second, as for the application of interest rate given a claim for interest, CISG is not covered interest rate. PICC is covered interest rate. However, there is possibility that PICC will not be applied as general principles. Thus, to remove this insecurity and uncertainty, there is necessity for stating this in contract by deciding on the detailed standard stipulation after fully discussing about interest payment with the counterpart given sale contract. Third, when a seller delivered non-conformity of the goods for contract, a buyer is desirable to exercise by discreetly judging the exercise method or limitation element on a problem of selecting and exercising remedy favorable to oneself out of a claim for damages and a right to reduce the price. Finally, There was suggestion that the contract parties are desirable to utilize by modifying and supplementing properly this in line with own business-based necessity and situation based on the ICC Model International Sale Contract, and to state CISG and PICC the governing law clause, in preparing contract. This study is expected to possibly become guideline in which the damaged party exercises a claim for damages or aims to cope with the counterpart's exercising a claim for damages.

• 기술사
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• 제24권6호
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• pp.97-105
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• 1991

The cautious blasting works had been used with emulsion explosion electric M/S delay caps. Drill depth was from 3m to 6m with Crawler Drill ø70mm on the calcalious sand stone (soft-moderate-semi hard Rock). The total numbers of fire blast were 88 round. Scale distance were induces 15.52-60.32. It was applied to propagation Law in blasting vibration as follows. Propagation Law in Blasting Vibration (Equation omitted) where V : Peak partical velocity(cm/sec) D : Distance between explosion and recording sites(m) W : Maximum Charge per delay-period of eighit milliseconds o. more(kg) K : Ground transmission constant, empirically determind on the Rocks, Explosive and drilling pattern ets. b : Charge exponents n : Reduced exponents Where the quantity D / W$^n$ is known as the Scale distance. Above equation is worked by the U.S Bureau of Mines to determine peak particle velocity. The propagation Law can be catagrorized in three graups. Cubic root Scaling charge per delay Square root Scaling of charge per delay Site-specific Scaling of charge per delay Charge and reduction exponents carried out by multiple regressional analysis. It's divided into under loom and over 100m distance because the frequency is verified by the distance from blast site. Empirical equation of cautious blasting vibration is as follows. Over 30 ‥‥‥under 100m ‥‥‥V=41(D/$^3$√W)$\^$-1.41/ ‥‥‥A Over 100 ‥‥‥‥under 100m ‥‥‥V=121(D/$^3$√W)$\^$-1.56/ ‥‥‥B K value on the above equation has to be more specified for furthur understang about the effect of explosives, Rock strength. And Drilling pattern on the vibration levels, it is necessary to carry out more tests.

• 화약ㆍ발파
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• 제9권4호
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• pp.3-12
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• 1991

The cautious blasting works had been used with emulsion explosion electric M /S delay caps. Drill depth was from 3m to 6m with Crawler Drill 70mm on the calcalious sand stone (soft-moderate-semi hard Rock) . The total numbers of feet blast were 88. Scale distance were induces 15.52-60.32. It was applied to Propagation Law in blasting vibration as follows .Propagtion Law in Blasting Vibration V=k(D/W/sup b/)/sup n/ where V : Peak partical velocity(cm/sec) D : Distance between explosion and recording sites(m) W ; Maximum Charge per delay -period of eight milliseconds or more(Kg) K : Ground transmission constant, empirically determind on the Rocks, Explosive and drilling pattern ets. b : Charge exponents n : Reduced exponents Where the quantity D/W/sup b/ is known as the Scale distance. Above equation is worked by the U.S Bureau of Mines to determine peak particle velocity. The propagation Law can be catagrorized in three groups. Cabic root Scaling charge per delay Square root Scaling of charge per delay Site-specific Scaling of charge delay Charge and reduction exponents carried out by multiple regressional analysis. It's divided into under loom and over loom distance because the frequency is varified by the distance from blast site. Empirical equation of cautious blasting vibration is as follows. Over 30m--under 100m----V=41(D/ W)/sup -1.41/-----A Over l00m---------V=121(D/ W)/sup -1.56/-----B K value on the above equation has to be more specified for furthur understand about the effect of explosives. Rock strength, And Drilling pattern on the vibration levels, it is necessary to carry out more tests.

• 한국콘텐츠학회논문지
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• 제10권1호
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• pp.343-352
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• 2010

각국의 테러대응 관련 법제들을 비교 분석해 본 결과, 테러환경에 능동적으로 대처하기 위해서는 현행의 법령적 근거보다는 상위의 법률적 체제가 필요함이 사료된다. 그리고 상위법에서는 다음의 몇 가지 사항에 대한 구체적인 규정이 포함되어야 할 것이다. 첫째, 테러혐의자의 감시와 관련한 '통신비밀보호법'의 근거에 의해서는 테러정보의 수집 및 감시활동이 불가능하기 때문에 국민의 생명과 재산을 보호하는 국가의 의무적 차원에서 볼 때, 심도 있는 논의가 필요하다. 둘째, '출입국관리법'에 의한 현행 법규로는 테러대응의 관리에 부족한 점이 지적되고 있기 때문에 이를 보완하여 대응 관리해야 한다. 셋째, 현행 '특정금융거래정보의 보고 및 이용 등에 관한 법률'로는 테러자금의 차단이 불가능하기 때문에 테러조직의 자금 차단과 처벌 근거를 마련해야 한다. 넷째, 테러범죄의 처벌은 통상적인 형벌에 의거하고 있는데, 테러행위와 테러단체를 확연히 구분하여 처벌규정을 마련해야 할 것이다. 다섯째, 국가중요시설 및 다중이용시설의 보호를 강화하기 위한 민간경비시스템의 활용이 필요할 것이다.

• 한국컴퓨터정보학회논문지
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• 제18권6호
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• pp.111-120
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• 2013

최근 사이버공간에서의 댓글 등에 있어서 사실의 적시 없이 오로지 욕설과 비방만의 목적으로 하는 글들이 마치 유행처럼 난무하여 그에 따른 피해가 급격하게 확산되는 현상에 대하여 사회적으로 우려의 목소리가 높아지고 있다. 한편 사이버공간에서 행해지는 모욕행위로 인하여 인격권의 침해결과가 회복하기 어려운 상태에 이르는 경우가 많고, 특정인 익명과 펌행위 등으로 가해자가 누구인지 특정하기가 어려워 범죄피해에 대한 신고나 고소가 어려운 특징을 지니고 있으므로 형법상 모욕죄로는 대처하기가 어려운 것이 현실이다. 또한 불충분한 영역이 많아 별도로 사이버모욕죄를 신설하여 무분별한 모욕행위에 대하여 그 처벌을 강화하고, 형법상 친고죄로 규정되어 있는 부분을 완화해야 한다는 것이다. 그러나 현행 형법상으로도 처벌이 충분하므로 새로운 특별형법을 신설하는 것은 타당하지 않다. 그러므로 사이버모욕죄 또한 형법 제311조의 모욕죄에서 규율하는 것이 바람직하다.

• 의료법학
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• 제13권1호
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• pp.71-89
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• 2012

Just in case a patient's state couldn't get better or get even worse after medical practices, it is difficult for the patient's side to accept the result and it tends to think that its damage is caused by his doctor's malpractice. Medical practices of a doctor require highly advanced attention duty as a medical expert, because they are targeted at a human body of the best benefit and protection of the law. However, it is hard to prove the malpractice on the patient's side in medical dispute. Therefore, to solve a medical dispute quickly and fairly before the medical suit Korea Consumer Agency (KCA) has done a medical dispute adjustment business since 1999. For the past 5 years (2006~2010), the medical team of KCA had managed 4,171 cases as an injury relief, but it had dealt with them focusing on an injury relief business only after the occurrence of a medical accident. Afterwards, it is necessary to expand the range of its services in purpose of preventing the injury of consumers. If we can solve the problems -the clear statements about the cease of extinctive prescription in the fundamentals of comsumer act, the presence of parties directly concerned at comsumer dispute adjustment committee, and the effect of an agreement, etc. -, which have been founded in medical injury relief service of KCA and the management and procedures of the comsumer dispute adjustment committee of KCA and if we can also give KCA more workers and the proper budget of the government, we can expect KCA to become a more useful agency.

• 무역상무연구
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• 제78권
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• pp.1-29
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• 2018

This article demonstrates that both the Warsaw Convention Systemand the Montreal Convention are not designed for multimodal transport, let alone for "Door to Door" transport. The polemic directed against the "Door to Door" application of the Warsaw Convention systemand the Montreal Convention is predominantly driven by the text and the drafting philosophy of the said Contentions that since 1929 support unimodalism-with the rule that "the period of the carriage by air does not expend to any carriage by land, by sea or by inland waterway performed outside an airport" playing a profound role in restricting their multimodal aspirations. The drafters of the Montreal Convention were more adventurous than their predecessors with respect to the boundaries of the Montreal Convention. They amended Art. 18(3) by removing the phrase "whether in an aerodrome or on board an aircraft, or, in the case of landing outside an aerodrome, in any place whatsoever", however, they retained the first sentence of Art. 18(4). The deletion of the airport limitation fromArt. 18(3) creates its own paradox. The carrier can be held liable under the Montreal Convention for the loss or damage to cargo while it is in its charge in a warehouse outside an airport. Yet, damage or loss of the same cargo that occurs during its surface transportation to the aforementioned warehouse and vice versa is not covered by the Montreal Convention fromthe moment the cargo crosses the airport's perimeter. Surely, this result could not have been the intention of its drafters: it certainly does not make any commercial sense. I think that a better solution to the paradox is to apply the "functional interpretation" of the term"airport". This would retain the integrity of the text of the Montreal Convention, make sense of the change in the wording of Art. 18(3), and nevertheless retain the Convention's unimodal philosophy. English courts so far remain loyal to the judgment of the Court of Appeal in Quantum, which constitutes bad news for the supporters of the multimodal scope of the Montreal Convention. According the US cases, any losses occurring during Door to Door transportation under an air waybill which involves a dominant air segment are subject to the international air law conventions. Any domestic rules that might be applicable to the road segment are blatantly overlooked. Undoubtedly, the approach of the US makes commercial. But this policy decision by arguing that the intention of the drafters of the Warsaw Convention was to cover Door to Door transportation is mistaken. Any expansion to multimodal transport would require an amendment to the Montreal Convention, Arts 18 and 38, one that is not in the plans for the foreseeable future. Yet there is no doubt that air carriers and freight forwarders will continue to push hard for such expansion, especially in the USA, where courts are more accommodating.

• 제어로봇시스템학회:학술대회논문집
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• 제어로봇시스템학회 2003년도 ICCAS
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• pp.107-112
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• 2003

In general, the dynamics of autonomous underwater vehicles(AUVs) are highly nonlinear and time-varying, and the hydrodynamic coefficients of vehicles are hard to estimate accurately because of the variations of these coefficients with different navigation conditions. For this reason, in this paper, the control gain function is assumed to be unknown and the exogenous input term is assumed to be unbounded, although it still satisfies certain restrict condition. And these two kinds of wild assumptions have been seldom handled simultaneously in one system because of the difficulty of stability analysis. Under the above two relaxed assumptions, a robust neural network control scheme is presented for autonomous diving control of an AUV, and can guarantee that all the signals in the closed-loop system are UUB (uniformly ultimately bounded). Some practical features of the proposed control law are also discussed.