• Title/Summary/Keyword: Korean Civil Code

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Coupled Effect of Soil Nail/Slope Systems (쏘일네일-사면의 상호작용 효과)

  • Jeong Sang Seom;Lee Jin Hyung;Lee Sun Keun
    • Journal of the Korean Geotechnical Society
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    • v.21 no.2
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    • pp.127-135
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    • 2005
  • In this paper, a numerical comparison of predictions by limit equilibrium analysis and finite difference analysis is presented for slope/soil-nail system. Special attention is given to the coupled analysis based on the explicit-finite-difference code, FLAC 2D. To this end, an internal routine (FISH) was developed to calculate a factor of safety for a soil nail slope according to shear strength reduction method. The case of coupled analyses was performed for soil nails in slope in which the soil nails response and slope stability are considered simultaneously. In this study, by using these methods, the failure surfaces and factors of safety were compared and analyzed in several cases, such as toe, middle and top of the slope, respectively. Furthermore, the coupled method based on shear strength reduction method was verified by the comparison with other analysis results.

Detection of Unauthorized Facilities Occupying on the National and Public Land Using Spatial Data (공간정보 자료를 이용한 국·공유지 무단점유 시설물 탐색)

  • Lee, Jae Bin;Kim, Seong Yong;Jang, Han Me;Huh, Yong
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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    • v.36 no.2
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    • pp.67-74
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    • 2018
  • This study has proposed a methodology to detect suspicious facilities that occupy national and public land by using the cadastral and digital maps. First, we constructed a spatial database of national & public land based on the cadastral maps by linking its management ledger. Using the PNU (Parcel Number) code as a key field, the data managed by different institutions are integrated into a single spatial information DB (database) and then, the use or nonuse state of each parcel is confirmed on the cadastral map. Next, we explored the suspicious facilities that existed in the unused parcel by utilizing the digital topographical map. Then, the proposed methodology was applied for various regions and tested its feasibility. Through this study, it will be possible to improve the utilization of digital maps and to manage the national and public land efficiently and economically.

Developing a Work Procedure for Efficient Map Generalization (효율적인 일반화 자료처리를 위한 작업공정 개발)

  • Choi, Seok-Keun;Kim, Myung-Ho;Hwang, Chang-Sup
    • Journal of the Korean Association of Geographic Information Studies
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    • v.6 no.3
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    • pp.73-82
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    • 2003
  • This paper proposes a work procedure for generalizing large-scale digital maps ver. 2.0(1/5,000) into a small-scale digital map(1/25,000). Unlike a existent digital map, the digital map ver. 2.0 has a variety of attribute data as well as graphic data. To perform an efficient map generalization with these structural properties, we establish a work procedure as follow; firstly, delete layers which don't exist in small-scale digital map's feature code, and secondly, generalize features which have been classified into 8 layers, and finally merge 8 layers which have been generalized into 1 layer. Therefore, we expect that a work procedure which is proposed in this paper will play a fundamental role in automated generalization system and will contribute to small-scale digital mapping and thematic mapping.

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Risk Assessment of Mechanical Parking Facility during Construction based on AHP Analysis (AHP 분석을 이용한 기계식 주차설비 건설 중 위험성 평가방안 연구)

  • Lee, Jeong Han;Kim, Yong Gon;Lee, Jae Won;Kim, Jong Hoon
    • Journal of the Korean Society of Safety
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    • v.37 no.5
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    • pp.33-41
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    • 2022
  • As the number of automobile registrations increases yearly, parking spaces that are located in downtown areas are increasing, and mechanical parking facilities are also increasing. Therefore, there is a high risk of accidents when installing and repairing a mechanical parking facility. In the preceding six years (from 2012 to 2018), the statistics that pertain to accidental disasters indicated that a total of 137 disaster victims were generated by the construction sector, 33 accidents occurred, and 10 people died. However, only the safety management items pertaining to accidents that occur during maintenance work and the use of the installed mechanical parking facilities are being studied; furthermore, there is no ongoing research with respect to the risk management that is conducted at the construction site. In 2017, the Korea Occupational Safety and Health Agency (KOSHA) announced the "Guidelines for Safe Installation and Maintenance of Mechanical Parking Equipment"; however, it is a safety guideline that is limited to the installation of basic protective equipment and to facility installation. There is no model for mechanical parking facilities that is indicated in the "Risk Assessment Model by Construction Industry Type", which is issued by the Safety and Health Corporation and is widely utilized for risk assessment in the construction industry; moreover, elevator installation work CODE N0: 22 is the only major example of a disaster. In this study, "risk assessment through a focus group interview" was performed, and data was derived from the "risk assessment of Article 41 (2) of the Industrial Safety and Health Act", which reflects the characteristics of the construction industry based on AHP analysis. The results of this study can be utilized for the risk assessment that is conducted during the construction stage of mechanical parking facilities.

Evaluation of Bond-Slip Behavior of High Strength Lightweight Concrete with Compressive Strength 120 MPa and Unit Weight 20 kN/m3 (압축강도 120 MPa, 단위중량 20 kN/m3 고강도 경량 콘크리트 부착-슬립 거동 평가)

  • Dong-Gil Gu;Jun-Hwan Oh;Sung-Won Yoo
    • Journal of the Korean Recycled Construction Resources Institute
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    • v.11 no.1
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    • pp.39-47
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    • 2023
  • The demand for lightweight and high-strength materials is increasing. However, studies on the bond of concrete and reinforcing bars for high-strength lightweight concrete with a compressive strength of 120 MPa and a unit weight of 20 kN/m3 to structural members are lacking. Therefore, in this paper, 108 specimens of high-strength lightweight concrete with a compressive strength of 120 MPa and a unit weight of about 20 kN/m3 were fabricated, a direct pull-out test was performed, and the bond characteristics were evaluated by comparing the test results with design code. Compared to the decrease in unit weight, the solid bubble shows relatively little reduction in compressive strength and modulus of elasticity. It was f ound to have larger slip and parameter values than concrete with low compressive strength and unit weight.

Air Carrier's Civil Liability for Overbooking (항공권의 초과예약(Overbooking)에 관한 항공사의 민사책임)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.1
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    • pp.99-144
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    • 2016
  • The summary of the case is as follows: a Korean passenger booked and purchased a business class ticket from Air France that was scheduled to depart from Paris and arrive in Seoul. When the passenger arrived at the check-in counter, he was told that all business class seats were occupied. It was because the flight was overbooked by Air France. The passenger cancelled the Air France flight and took another air carrier. After arriving in Korea, he brought suit against Air France for damages. The purpose of this article is to discuss the governing law when interpreting the contract of international air carriage in accordance with the Korean Private International Act (2001) and to analyze air carrier's civil liability for the bumped passenger in the overbooking case. If the parties have not chosen the applicable law the contract shall be governed by the law of the habitual residence of the consumer in the following situations: prior to the conclusion of the contract, the opposite party of the consumer conducted solicitation of transactions and other occupational or business activities by an advertisement in that country or conducted solicitation of transactions and other occupational or business activities by an advertisement into that country from the areas outside that country and the consumer took all the steps necessary for the conclusion of the contract in that country or in case the opposite party of the consumer received an order of the consumer in that country [Article 27 (1), (2) of the Private International Act]. Since the contract of international carriage falls into the consumer contract, the Supreme Court viewed that the governing law of the contract in this case would be the law of the habitual residence of the consumer (Supreme Court Decision 2013Da8410 decided on Aug. 28, 2014). This interpretation differs from the article 5 (4) of Rome Convention(80/934/EEC) which declares that the consumer contract article shall not apply to neither a contract of carriage nor a contract for the supply of services where the services are to be supplied to the consumer exclusively in a country other than that in which he has his habitual residence. Even though overbooking can be considered as a common industry practice, an air carrier must burden civil liability in case of breach of contract for the involuntary bumped passenger(Seoul Central District Court Decision 2014Na48391 decided on Jan. 29, 2015). In case of involuntary bumping, an air carrier must offer re-routing to passenger's final destination by an alternative flight. If an air carrier fails to effect performance in accordance with the tenor and purport of the obligation, the involuntary bumped passenger may claim damages(Article 390 of the Civil Code).

Buyer's Right of Rejection and Revocation of Acceptance under the Uniform Commercial Code Compared with English Law (UCC상 매수인의 물품거절 및 승낙 철회권의 영국법과의 비교연구)

  • Lee, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.28
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    • pp.3-36
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    • 2005
  • Most legal systems provides the aggrieved buyer with a right to put an end to the contract. Unlike Civil Law systems, the right is rather complicated and uncertain in Common Law systems because they do not sharply distinguish between a refusal which amounts merely to a defence in the nature of the exceptio non adimpleti contractus, and one which is intended to abrogate the aggrieved party's obligations completely and to seek restitution of what he has already performed. That is, they do not draw any sharp distinction between the right of rejection or revocation and the right to put an end to the contract. This explains why the right to put an end to the contract under Civil Law systems are often compared with the right of rejection or revocation under Common Law systems in most academic papers. Having said that, this article describes and analyzes in detail the relevant UCC rules to the buyer's right of rejection and revocation, particularly the rules on the requirements for the right of rejection or revocation. This is for the purpose of providing legal advice to our sellers residing either in U.S.A. or in Korea who plan to enter into U.S.A markets and take academics' interest in the buyer's right which is deemed to be unique compared to the Civil Law systems. In addition, the study attempts to compare the rules as to the right of rejection and revocation under the UCC with those of English law which are stipulated mainly in the Sale of Goods Act (1979) in a statutory form. This may help one better to understand the rules of the UCC which are mostly originated with English law and to find in what way the rules of the UCC depart from those of English law.

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Challenges and outlooks Following to the Interoduction of adult Guardianship System (성년후견제도 시행에 따른 과제와 전망)

  • Park, Jong Ryeol
    • Journal of Digital Convergence
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    • v.11 no.3
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    • pp.157-164
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    • 2013
  • Current in Korean Civil law, it regulates the Limited Guardianship and Specific Guardianship as an incompetent person. And as amending the Civil Law, the New Adult Guardianship System passed by the National Assembly on February 18 and it will be fully implemented from 1 July 2013. Therefore, in current law, the supplementation for various disqualifications about quasi-incompetence and incompetence is need. Because, the system of quasi-incompetence and incompetence will abolished from July 1. Thus, for the successful implementation of the Adult Guardianship System, laying the various legal groundwork and should be maintenance as soon as possible the each legislation associated with the revision of the Civil Code to fit the purpose of the New Guardianship System. So, in this paper, it will examine the several ways to amend the disqualification due to the introduction of the limited guardianship, adult guardianship system and prepare the reasonable legal model.

Recognition and Enforcement of Foreign Arbitral Awards in the Vietnamese Legal System (베트남 법체계에 있어서 외국중재판정 승인 및 집행)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.31 no.1
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    • pp.107-127
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    • 2021
  • Vietnam is an important country with many trade transactions with the Republic of Korea. Arbitration is a method of resolving disputes that can arise with the increase in trade transactions. It is essential to study the legal system and precedents of Vietnam on the approval and enforcement of foreign arbitral awards. Such is the case because the law in Vietnam and the court's position on the approval and enforcement of foreign arbitration awards issued by the courts depend on the possibility of realizing the parties' rights concerning their disputes. Therefore, it is of great value both theoretically and practically to analyze the exact differences between approval and the denial of approval. Vietnam has enacted the Commercial Arbitration Act, which replaces the previous Commercial Arbitration Decree and creates an arbitration-friendly environment that meets international arbitration standards. Regarding the approval and execution of foreign arbitration awards, the Commercial Arbitration Act, the Civil Procedure Act, the Civil Execution Act, and the Vietnam Foreign Arbitration Awards Approval and Enforcement Ordinance are regulated. Following these laws and regulations, the reasons for the approval, enforcement, and rejection of the arbitral award are specified. In accordance with these laws and inappropriate arbitration agreements, an arbitral award beyond the scope of its right of disposition, an arbitral tribunal, or the concerned parties could not be involved in a proceeding or an arbitral award if the involved party does not have an opportunity to exercise its rights lawfully. If the state agency in the forum does not recognize the arbitral award, the dispute is not subject to arbitration under Vietnamese law, or the arbitral award does not conform to the basic principles of Vietnamese law, the parties are not bound, and the foreign arbitration award is rejected for approval and execution.

Impact-resistant design of RC slabs in nuclear power plant buildings

  • Li, Z.C.;Jia, P.C.;Jia, J.Y.;Wu, H.;Ma, L.L.
    • Nuclear Engineering and Technology
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    • v.54 no.10
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    • pp.3745-3765
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    • 2022
  • The concrete structures related to nuclear safety are threatened by accidental impact loadings, mainly including the low-velocity drop-weight impact (e.g., spent fuel cask and assembly, etc. with the velocity less than 20 m/s) and high-speed projectile impact (e.g., steel pipe, valve, turbine bucket, etc. with the velocity higher than 20 m/s), while the existing studies are still limited in the impact resistant design of nuclear power plant (NPP), especially the primary RC slab. This paper aims to propose the numerical simulation and theoretical approaches to assist the impact-resistant design of RC slab in NPP. Firstly, the continuous surface cap (CSC) model parameters for concrete with the compressive strength of 20-70 MPa are fully calibrated and verified, and the refined numerical simulation approach is proposed. Secondly, the two-degree freedom (TDOF) model with considering the mutual effect of flexural and shear resistance of RC slab are developed. Furthermore, based on the low-velocity drop hammer tests and high-speed soft/hard projectile impact tests on RC slabs, the adopted numerical simulation and TDOF model approaches are fully validated by the flexural and punching shear damage, deflection, and impact force time-histories of RC slabs. Finally, as for the two low-velocity impact scenarios, the design procedure of RC slab based on TDOF model is validated and recommended. Meanwhile, as for the four actual high-speed impact scenarios, the impact-resistant design specification in Chinese code NB/T 20012-2019 is evaluated, the over conservation of which is found, and the proposed numerical approach is recommended. The present work could beneficially guide the impact-resistant design and safety assessment of NPPs against the accidental impact loadings.