• Title/Summary/Keyword: Korean Civil Code

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Mixing Analysis of Oil Spilled into the River by GPS-equipped Drifter Experiment and Numerical Modeling (GPS 부자 실험과 수치모델링에 의한 하천에 유입된 유류오염물질의 거동 해석)

  • Jang, Juhyoung;Jong, Jaehun;Mun, Hyunsaing;Kim, Kyunghyun;Seo, Ilwon
    • Journal of Korean Society on Water Environment
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    • v.32 no.3
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    • pp.243-252
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    • 2016
  • In cases of water pollution accidents, accurate prediction for arrival time and concentration of contaminants in a river is essential to take proper measures and minimize their impact on downstream water intake facilities. It is critical to fully understand the behavior characteristics of contaminants on river surface, especially in case of oil spill accidents. Therefore, in this study, the effects of main parameters of advection and diffusion of contaminants were analyzed and validated by comparing the results of Lagrangian particle tracking (LPT) simulation of Environmental Fluid Dynamic Code (EFDC) model with those of Global Position System (GPS)-equipped drifter experiment. Prevention scenario modeling was accomplished by taking cases of movable weir operation into account. The simulated water level and flow velocity fluctuations agreed well with observations. There was no significant difference in the speed of surface particle movement between 5 and 10 layer modeling. Therefore, 5 layer modeling could be chosen to reduce computational time. It was found that full three dimensional modeling simulated wind effects on surface particle movements more sensitively than depth-averaged two dimensional modeling. The diffusion range of particles was linearly proportional to horizontal diffusivity by sensitivity analysis. Horizontal diffusivity estimated from the results of GPS-equipped drifter experiment was 0.096 m2/sec, which was considered to be valid for applying the LPT module in this area. Finally, the scenario analysis results showed that particle movements could be stagnant when discharge from the upstream weir was reduced, implying the possibility of securing time for mitigation actions such as oil boom installation and wiping oil contaminants. The outcomes of this study can help improve the prediction accuracy of particle tracking simulation to establish the most suitable mitigation plan considering the combination of movable weir operation.

A critical review on informed consent in the revised Medical Law (개정 의료법상 설명의무에 관한 비판적 고찰)

  • Hyun, Dooyoun
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.3-35
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    • 2017
  • The Supreme Court of Korea first admitted compensation for damages caused by breach of informed consent in 1979. From then on, specific details of informed consent are shaping up and developing through court precedents. The duty of informed consent of doctor is based on article 10 of the Constitution and medical contract, and is expressly prescribed Article 12 of Framework Act on Health and Medical Services and other acts and regulations. By the way, the regulations about duty of informed consent of doctor have been established in Medical Law revised on December 20, 2016, and the revised Medical Law will be implemented on June 21, 2017. According to the revised Medical Law, medical practices subject to description and consent are operation, blood transfusion and general anesthesia that threaten to cause serious harm to human life or to the body. When performing these medical activities, the written consent must be explained and agreed upon in advance. If a doctor violates the law, he will incur fines of less than 3 million won. Comparing and viewing the revised Medical Law and existing legal principles about the duty of informed consent, we can confirm that there is a substantial difference between the two parties. Accordingly, despite the implementation of the revised medical law, the existing legal principles are unlikely to be affected. However, from the perspective of legal uniformity and stability, it is undesirable that legal judgments on the same issues differ from each other. The revised Medical Law about informed consent needs to be reformed according to existing legal principles. And, as in the case of Germany, it is desirable to include the matters concerning informed consent in the civil code.

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International Airfares and Application of Competition Laws (국제항공운임과 국내 경쟁법규의 적용)

  • Shin, Dong-Chun
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.93-125
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    • 2011
  • The International Civil Aviation Convention (Chicago Convention) has been a backbone of international air transport system whereby air transport between States should be based on bilateral agreements, and in particular, international airfares, which are set up through IATA(International Air Transport Association) rate-fixing machinery could be approved by the governments concerned. International airfares are fares for transporting passenger and freight and their conditions between two or more countries. However, since U.S. pursued th deregulation policy in 1978 whereby routes, capacity and fares could be freely determined by airlines, many States have been following so called open-skies agreements. In many cases, aeronautical and competent authorities have been reviewing whether airlines' commercial activities including air fares could possibly conflict with free competition rules envisaged in relevant laws and regulations. As competition among airlines gets intense, airlines often resort to cooperation with other airlines in the forms such as equity exchange, M&A, code-sharing, fares consultation and resource pooling, mainly with a view to effectively use resources available and to avoid monopoly situation resulting from excessive and destructive competition among players. Whereas bearing in mind that application of competition laws is important to secure consumers' interests by preventing airlines's malpractices such as bargaining exorbitant fares, it is also important to comprehensively consider as many factors as possible, from that unilateral measure by governments may bring about retaliatory measures by the governments affected, to that airlines' cooperative practices may rather increase consumers' benefits by lowering air fares.

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The Prohibition Against Medical Refusal and the Principle of Private Autonomy in Medical Contracts (보건의료관련 법률의 진료거부금지에 관한 규정이 의료계약에서 계약의 자유를 제한하는지에 관하여)

  • Yi, Jaekyeong
    • The Korean Society of Law and Medicine
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    • v.22 no.2
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    • pp.81-109
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    • 2021
  • This paper review about the relationship between the prohibition against medical refusal and the principle of private autonomy in medical contracts. The obligation to this Prohibition in Medical Law does not restrict the liberty of contracting a medical contract. On the other hand, the prohibition limits the freedom to terminate medical contracts. Medical contracts can be terminated if the trust between doctors and patients is vanished. However certain restrictions should be placed on termination of the medical contract, because termination of the contract should not be detrimental to patients' health. According to the current medical law the medical contract is to be enforced in principle and can be revoked only with justifiable reason. At the Civil Code on Medical Contracts the freedom to terminate the medical contract is permitted, but this paper suggests the restrictions of the revocation under certain conditions. The Criminal Punishment Regulations against medical refusal should be removed. Refusal the provide medical service should be regulated by administrative sanctions under the National Health Insurance Act's obligation.

Improvements about the Opposing Power of Tenant on the Housing Lease Protection Act (주택임대차보호법상 임차인의 대항력에 관한 개선 방안)

  • Park, Jong-Ryeol
    • The Journal of the Korea Contents Association
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    • v.15 no.7
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    • pp.193-202
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    • 2015
  • The Korean Housing Lease Act is special law of Civil Code and was enacted from March 5, 1981 as Law No. 3379 to guarantee the stability of residential life. And until January 6, 2015 there were 15 times revisions to protect the right of homeless people. However, it is true that many problems are exposed from enforcement. Because the processing without sufficient review of legislation. and it was enacted very quickly, so, at the part of opposing power that the Article 3 Paragraph 1 "if the housing tenant was delivered rental housing and finish the resident registration, from the day after even if the owner of the house was changed as third party tenant can resist with lease right". In addition, this provision made housing problems of the socially disadvantaged more seriously and the country did not made any way to protect this problems so many issues have been raised and a lot of disputes relating to Housing Lease. Therefore, in this paper derives a problem about opposing power of the Housing Lease Act for tenants of residential stability, and through the foreign legislation case, it propose the improvement to contribute to the residential stability realistically.

Heat Insulation Characteristics of Multi Layer Materials for Greenhouse (시설원예용 조합형 다겹보온자재의 보온 특성)

  • Chung, Sung-Won;Kim, Dong-Keon;Lee, Suk-Gun;Nam, Sang-Heon;Lee, Yong-Beom
    • Journal of Bio-Environment Control
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    • v.18 no.4
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    • pp.341-347
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    • 2009
  • Experiments and computations were conducted to investigate the heat insulation characteristics of multi layer materials for cultivation greenhouse. In case of the experiments, measurements of temperature were carried out with a K-type thermocouples and data logger to research the heat transfer in the experimental module generated by the heat source. A thermal conductivity meter, QTM-500 based on modified transient hot wire method was used to measure the thermal conductivity of multi layer materials. The numerical analyses were performed by commercial code CFX-11 according to the variation of multi layer materials without air layer. The experimental results showed that the heat insulation of multi layer materials was higher than single layer materials by 50~90%. It was found that the effect of heat insulation was raised by the combination of multi layer materials.

The Detection of Heat Emission to Solar Cell using UAV-based Thermal Infrared Sensor (UAV 기반 열적외선 센서를 이용한 태양광 셀의 발열 검출)

  • Lee, Geun Sang;Lee, Jong Jo
    • Journal of Korean Society for Geospatial Information Science
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    • v.25 no.1
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    • pp.71-78
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    • 2017
  • Many studies have been implemented to manage solar plant being supplied widely in recent years. This study analyzed heat emission of solar cell using unmanned aerial vehicle(UAV)-based thermal infrared sensor, and major conclusions are as belows. Firstly, orthomosaic image and digital surface model(DSM) data were acquired using UAV-based RGB sensor, and solar light module layer necessary to analyze the heat emission of solar cell was constructed by these data. Also as a result of horizontal error into validation points using virtual reference service(VRS) survey for evaluating the location accuracy of solar light module layer, higher location accuracy could be acquired like standard error of $dx={\pm}2.4cm$ and $dy={\pm}3.2cm$. And this study installed rubber patch to test the heat emission of solar cell and could analyzed efficiently the location of rubber patch being emitted heat using UAV-based thermal infrared sensor. Also standard error showd as ${\pm}3.5%$ in analysis between calculated cell ratio by rubber patch and analyzed cell ratio by UAV-based thermal infrared sensor. Therefore, it could be efficiently analyzed to heat emission of solar cell using UAV-based thermal infrared sensor. Also efficient maintenance of solar plant could be possible through extracting the code of solar light module being emitted of heat automatically.

A Study on the Important Clause of International Sales Contract (국제물품매매계약(國際物品賣買契約)의 주요 조항(條項)에 관한 연구(硏究))

  • Park, Nam-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.18
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    • pp.27-62
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    • 2002
  • The international sale contract is the central contracts in export-import transactions. A good sale contract or set of general conditions of sale will cover all the principal elements of the transaction, so that uncertainties are avoided. The parties' respective duties as concern the payment mechanism, transport contract and insurance responsibilities, inter alia, will all be clearly detailed in the contract. The following key clauses should be included in international contracts of sale and general conditions of sale: ${\bullet}$ preamble ${\bullet}$ identification of parties ${\bullet}$ description of goods ${\bullet}$ price and payment conditions ${\bullet}$ delivery periods and conditions ${\bullet}$ inspection of the goods - obligations and limitations ${\bullet}$ quantity or quality variations in the products delivered ${\bullet}$ reservation of title and passing of property rights ${\bullet}$ transfer of risk - how accomplished ${\bullet}$ seller's warranties and buyer's complaints ${\bullet}$ assignment of rights ${\bullet}$ force majeure clause and hardship clause ${\bullet}$ requirement that amendments and modifications be in writing ${\bullet}$ choice of law ${\bullet}$ choice of dispute resolution mechanism Under most systems of law, a party can be excused from a failure to perform a contract obligation which is caused by the intervention of a totally unforeseeable event, such as the outbreak of war, or an act of God such as an earthquake or hurricane. Under the American commercial code (UCC) the standard for this relief is one of commercial impracticability. In contrast, many civil law jurisdictions apply the term force majeure to this problem. Under CISG, the standard is based on the concept of impediments to performance. Because of the differences between these standards, parties might be well advised to draft their own force majeure, hardship, or excusable delays clause. The ICC publication, "Force Majeure and Hardship" provides a sample force majeure clause which can be incorporated by reference, as well as a hardship clause which must be expressly integrated in the contract. In addition, the ICC Model provides a similar, somewhat more concise formulation of a force majeure clause. When the seller wishes to devise his own excusable delays clause, he will seek to anticipate in its provision such potential difficulties as those related to obtaining government authorisations, changes in customs duties or regulations, drastic fluctuations in labour, materials, energy, or transportation prices, etc.

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Study on the Electronic Contract (전자계약에 관한 연구)

  • Kim, Jae-Nam;Park, Jong-Ryeol
    • Journal of the Korea Society of Computer and Information
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    • v.19 no.6
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    • pp.129-138
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    • 2014
  • The Electronic contract means creation sign management and storage of contract by online without limitations of the time and space through the electronic signature and encode which based on the Certificate instead of the past that treatment the contract such as creation sign management and storage of contract by face-to-face. Recently, the remarkable development of information and communication technology with supplying the high-speed Internet services. Accordingly, the transaction contract made by these also, the steady legal effect occurred by two or more parties by legal action which is the electronic agreement of expression. and it makes agreement improving corporate productivity and it can control the whole process such as contract documents and the actual buying store provision. Like this it has many benefits so, it suddenly rising as the new axis of economic activity area, it is a reality. In this change of era, with the establishment of electronic contracts, there are many problems are occurred to the expression of parties which is core of the contract on civil code so, the systematic legal composition is required. Thus, in this study will propose the reasonable improvements about the issue of electronic contract through the consideration.

Service Life Variation for RC Structure under Carbonation Considering Korean Design Standard and Design Cover Depth (국내설계기준과 피복두께를 고려한 RC 구조물의 탄산화 내구수명의 변동성)

  • Kim, Yun-Shik;Kwon, Seung-Jun
    • Journal of the Korea institute for structural maintenance and inspection
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    • v.25 no.5
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    • pp.15-23
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    • 2021
  • In this paper, service life for RC(Reinforced Concrete) substructure subjective to carbonation was evaluated through deterministic and probabilistic method considering field investigation data and Design Code(KDS 14 20 40). Furthermore changes in service life with increasing COV(Coefficient of Variation) and equivalent safety index meeting the same service life were studied. From the investigation, the mean and its COV of cover depth were evaluated to 70.0 ~ 90.0 mm and 0.2, respectively. With intended failure probability of 10.0 % and 70 mm of cover depth, service life decreased to 137 years, 123 years, and 91 years with increasing COV of 0.05, 0.1, and 0.2, respectively. In the case of 80 mm of cover depth, it changes to 179 years, 161 years, and 120 years with increasing COV. The equivalent safety index meeting the same service life from deterministic method showed 1.66 ~ 3.43 for 70 mm of cover depth and 1.61 ~ 3.24 for 80 mm of cover depth, respectively. The various design parameters covering local environment and quality condition in deterministic method yields a considerable difference of service life, so that determination of design parameters are required for exposure conditions and parameter variation.