• Title/Summary/Keyword: Law and Order

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New Composite Guidance Law with Look Angle Rate Constraint (지향각속도 제한을 고려한 복합 유도법칙)

  • Kim, Tae-Hun;Park, Bong-Gyun
    • The Transactions of The Korean Institute of Electrical Engineers
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    • v.68 no.4
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    • pp.566-572
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    • 2019
  • This paper proposes a new composite guidance law that can intercept moving targets and satisfy look angle rate constraint. In order to obtain the composite guidance law, we first develop a new look angle rate control guidance law which can maintain the maximum look angle rate limitation. And then, we propose the composite guidance scheme on the basis of the look angle rate control guidance and the proportional navigation guidance. To investigate the capturablity and characteristics of the proposed guidance, we also derive closed-form solutions and perform various numerical simulations. The proposed composite guidance only requires the line-of-sight rate, closing velocity, and missile's speed, thereby easily implementing in practical homing missiles.

A Study on the Forcible Execution for Arrest of Ship Relating to Maritime Lien (船舶優先特權과 船泊執行의 實務에 관한 考察)

  • 황석갑
    • Journal of the Korean Institute of Navigation
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    • v.16 no.2
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    • pp.29-39
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    • 1992
  • According to newly revised Korean Commercial Law, 1991, several amendments on the maritime liens as a special legislative rights duly performed so as to make an equity with mortgates of the ship. Consequently, it is also noteworthy that claimants of the maritime lien should know how to secure their legal rights on the ship. Such a legal practice is performing in accordance with the doctrine and principles of the law of forciable excution without court order. This paper, therefore, intends to study specific legal practice for exercising legal rights on the ship by due process of law.

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Role and Function of the Information Public Law

  • Kim, Il Hwan;Lee, KyungLyul;Kim, Jaehyoun
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.11 no.1
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    • pp.596-610
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    • 2017
  • As a 'network of networks,' the Internet globally connects a huge number of regional and individual networks and provides us with new hopes and possibilities. However, a nation-state as well as the legal order of the 'state'(constitution) has limitations that are all too clear in order to regulate this new world formed by the Internet. It will soon be impossible for a single state to control these global information networks, and they will not be consistently and vertically operated and managed by anyone. As a result, ideologies or jurisdictions that support the legal order of a nation-state are no longer sufficient to control information delivery beyond borders. Furthermore, the development of the Internet and emergence of cyber space in the information society has led to the idea of 'extinction' of nation-states. Nevertheless, the conclusion that the state will be extinct due to the development of the information society is still nothing more than a hasty assumption. In other words, the information society does not indicate the end of the state. Rather, we must now clearly perceive that the object of our research and discussions must be the role and function of the nation-state in the newly emerged information society in the global aspect and international aspect, as well as in relationships with individuals or organizations that now have unimaginably strong information power. It is clear at this point that nation-states will lose the function and authority they have enjoyed or exercised to a certain degree, but this certainly does not indicate that nation-states are, and will be, unnecessary or useless. Rather, it is necessary to focus on the list of tasks that must be accepted by nation-states in the changed information society, as well as responsibilities and means to perform those tasks.

A Study on the Trends for Reforming Insurance Law in England - Focused on the Remedies for Fraudulent Claim - (영국 보험법의 개혁동향에 관한 연구 - 사기적인 보험금청구에 대한 구제수단을 중심으로 -)

  • SHIN, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.67
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    • pp.119-142
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    • 2015
  • Many insurers have traditionally incorporated "fraud clauses" into insurance policies, setting out the consequences of making a fraudulent claim. Even in the absence of an express terms, English courts provide insurers with a remedy for a fraudulent claim. However, the law in this area is complex, convoluted and confused. English Law Commission think that the law in this area needs to be reformed for three reasons; (1) the disjunctive between the common law rule and section 17 generates unnecessary disputes and litigation, (2) increasingly, UK commercial law must be justified to an international insurance society, and (3) the rules on fraudulent claims are functioned as a deterrent if they are clear and well-understood. In order for these purposes, English Law Commission recommends a statutory regime to the effect that, when an insured commits fraud in relation to a claim, the insurer should (1) have no liability to pay the fraudulent claim and be able to recover any sums already paid in respect to the claim, and (2) have the option to treat the contract as having been terminated with from the time of the fraudulent act and, if chosen the option, be entitled to refuse all claims arising after the fraud, but (3) remain liable for legitimate losses before the fraudulent act. LC is not recommending a complete restatement of the law on insurance fraud generally. For example, LC does not seek to define fraud, instead, recommends the introduction of targeted provisions to confirm the remedies available to an insurer who discovers a fraud by a policyholder.

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Political - Legal Reflections on the Two Epochal "Antique" Documents on" Peaceful Use" in the History of Japanese Space Policy

  • Tomitaro, Yoneda
    • 한국항공우주법학회:학술대회논문집
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    • 2008.05a
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    • pp.219-231
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    • 2008
  • " Analyzing on an object in the sphere of domestic law with the method of international law" has been already on the horizon in international law. For the lawyers of international law and space law, it is quite natural that they utilize the method of international law, whatever objects they may choice. The reason is that the characteristic of international law do not depend upon object in itself, but depend upon method in itself. The object of this paper is the idea of Peaceful Use(IPU or PU) in Japanese Space Policy. The method to be applied to this analysis is the international law's interpretation theory on legal principles, i.e., the method of international law. One of the aims of this paper is to explain critically the need of review on IPU in Japanese Space Policy; in particular with respect to the positive reconstruction of IPU through historical analyzing on the transfiguration and the mere shell of the Post-War Japanese Pacifism(PJP) as the starting point of IPU The historical process of the transfiguration and the mere shell is as followed .i.e.," from the ultranationalism in the pre-war Japan to PJP in the post-war Japan, from PJP to IPU, and from IPU to IPU's regression. In particular with respect to the interpretation theory, the meaning of the teleological, aims and objects school's approach on the interpretation of legal principles(P) has been emphasized. The reason is that the promising development of IPU will be realized by cooperating with the interpretation theory on P in international law. At the end of the beginning, I'd like to quote K. Marx's thesis in order to make the positions and missions the lawyers of international law and space clear. It is as follows, i.e.," THE PHILOSOPHERS HAVE ONLY INTERPRETED THE WORLD IN VARIOUS WAYS - THE POINT, HOWEVER IS TO CHANGE IT.

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Computation of the Higher Order Derivatives of Energy Release Rates in a Multiply Cracked Structure for Probabilistic Fracture Mechanics and Size Effect Law (확률론적 파괴역학 및 Size Effect Law에 적용을 위한 다중 균열 구조물에서의 에너지 해방률의 고차 미분값 계산)

  • Hwang, Chan-Gyu
    • Journal of the Computational Structural Engineering Institute of Korea
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    • v.21 no.4
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    • pp.391-399
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    • 2008
  • In this paper, we further generalize the work of Lin and Abel to the case of the first and the second order derivatives of energy release rates for two-dimensional, multiply cracked systems. The direct integral expressions are presented for the energy release rates and their first and second order derivatives. The salient feature of this numerical method is that the energy release rates and their first and second order derivatives can be computed in a single analysis. It is demonstrated through a set of examples that the proposed method gives expectedly decreasing, but acceptably accurate results for the energy release rates and their first and second order derivatives. The computed errors were approximately 0.5% for the energy release rates, $3\sim5%$ for their first order derivatives and $10\sim20%$ for their second order derivatives for the mesh densities used in the examples. Potential applications of the present method include a universal size effect model and a probabilistic fracture analysis of cracked structures.

韓-歐FTA中与ILO相關條款紛爭及對中國的啓示

  • Go, Cheon-Cheon;Mun, Cheol-Ju
    • 중국학논총
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    • no.72
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    • pp.101-122
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    • 2021
  • Over the past 20 years, labor standards have been widely used in free trade agreements. The U.S., the European Union and China have all aggressively signed free trade agreements with their trading partners, developing different styles on labor standards. According to the study, the implementation of the KOREa-EU FREE trade agreement has been hampered by ongoing disputes over the terms of the FREE trade agreement and the ILO since the korea-EU free trade agreement was signed. Because in order to break this deadlock, relevant scholars have done a lot of research, but mainly focused on the economic and trade field. Therefore, this paper for the first time systematically studies the substantive focus of disputes over FTA and ILO clauses, and carefully analyzes the domestic law amended by South Korea, and provides suggestions and inspirations for China by drawing lessons from the revision model of South Korea's domestic law. This is from a newperspective: the essence of the korea-EU FTA and ILO disputes is the conflict between international law and domestic law, and the conflict between free trade agreements and human rights protection. It holds that the essence of disputes should be sorted out from the perspective of legal principles and human rights protection, and the free trade and human rights protection should be actively coordinated. In order to make China more actively integrate into the international economy, China should adopt a positive attitude to revise and perfect its own laws, so as to realize the purpose of common development of international trade and human rights protection.

A Study on Design of a Serious Game of 'Law and Order' for Both Parents and Children (부모와 자녀가 함께 하는 법질서 기능성 게임설계 연구)

  • Kim, Byoung-Wook;Kim, KyungSik;Kang, JoonMo;Park, HyungJoon
    • Journal of Korea Game Society
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    • v.15 no.6
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    • pp.29-40
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    • 2015
  • Education of 'Law and Order' is necessary in our recent society. However it is so difficult subject for students in the elementary schools to be learned efficiently. In this research, we have studied how to utilize the game as an educational contents with good effects of the game. And we have designed a game in which children could experience various situations where they had to make decisions based on proper law and order. Parents were also encouraged to participate and play along the game with role balances as mentors to their children. The effectiveness was tested with experience of the developed prototype game and questions. Through the study we expect and hope to use games as effective learning tools for children in the future.

A study for the refusing enforcement on Foreign Arbitral Awards - Focus on the International Public Policy - (외국중재판정의 승인거부사유에 관한 연구 -공서양속에 관한 논의를 중심으로-)

  • Park, Jong-Don
    • International Commerce and Information Review
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    • v.8 no.1
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    • pp.357-369
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    • 2006
  • All over the country tries to clarify the content of 'Public Policy' in recognition and implementation of Foreign Arbitral Awards : it makes comments of the international consensus of Geneva Convention(1927), New York Convention(1958) and the UNCITRAL Model Law on Public Policy, and it takes a general view of domestic laws how they deal with Public policy and Foreign Arbitral Awards. Foreign Arbitral Awards should be appropriately respected and implementation by the courts of countries encourage parties in a legal procedure to refuse enforcement by invoking "Public Policy." In order to cope with such invocations, the purport of the above recommendation on Foreign Arbitral Awards should be internationally recognized and the exceptional circumstances should be restricted unless the International Court of Arbitral Awards is not established a Dr. Holtzmann/Schwebel brought forward. In this paper suggests the list of the exceptional circumstances. Korean Arbitration Law stipulates as the Civil proceeding Law did, "good morals and the social order of the Republic of Korea" as a ground for refusing enforcement of Arbitral Awards. Studies on counteraction against invocations of Public Policy to refuse enforcement of Foreign Arbitral Awards should be developed.

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Free vibration of imperfect sigmoid and power law functionally graded beams

  • Avcar, Mehmet
    • Steel and Composite Structures
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    • v.30 no.6
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    • pp.603-615
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    • 2019
  • In the present work, free vibration of beams made of imperfect functionally graded materials (FGMs) including porosities is investigated. Because of faults during process of manufacture, micro voids or porosities may arise in the FGMs, and this situation causes imperfection in the structure. Therefore, material properties of the beams are assumed to vary continuously through the thickness direction according to the volume fraction of constituents described with the modified rule of mixture including porosity volume fraction which covers two types of porosity distribution over the cross section, i.e., even and uneven distributions. The governing equations of power law FGM (P-FGM) and sigmoid law FGM (S-FGM) beams are derived within the frame works of classical beam theory (CBT) and first order shear deformation beam theory (FSDBT). The resulting equations are solved using separation of variables technique and assuming FG beams are simply supported at both ends. To validate the results numerous comparisons are carried out with available results of open literature. The effects of types of volume fraction function, beam theory and porosity volume fraction, as well as the variations of volume fraction index, span to depth ratio and porosity volume fraction, on the first three non-dimensional frequencies are examined in detail.