• Title/Summary/Keyword: Principle of due Process

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Legality of the Welfare Benefits Termination and Modification Procedure under the National Basic Living Security Act: Applying the Due Process of Law Principle (국민기초생활보장법상의 급여변경 및 중지절차의 적정성에 대한 법적 고찰 : 적법절차원칙의 적용)

  • Kim, Jihye
    • Korean Journal of Social Welfare Studies
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    • v.42 no.4
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    • pp.239-262
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    • 2011
  • The Korean government's recent large-scale termination and modification of welfare benefits revealed a procedural problem under the National Basic Living Security Act. Under the Act, welfare recipients have a legal right to make complaints only after the termination or modification is enforced; the Act fails to provide the recipients with an opportunity for a hearing before termination or modification, and this creates serious threats to the recipients, whose livelihoods are dependent on welfare benefits. Korean jurisprudence has adopted the due process of law principle. The principle originated from the due process in US jurisprudence, and Korea has applied it broadly to any government actions that restrict individuals' constitutional or legal rights. This paper reviews the termination or modification procedure under the Act with the lens of the due process principle and criticizes that the current law is not in compliance with the principle. In supporting that such termination and modification procedure infringes on welfare recipients' protected rights, this paper discusses two theories as to what rights are protected. First, termination or modification of welfare benefits can be considered as deprivation of property. The 'property' theory may be weak under Korean jurisprudence, because the concept of property under the Korean Constitution is narrowly construed. Second, this paper relies on the constitutional provision that recognizes "the right to a life worthy of human beings," which requires the State to guarantee minimum standard of living for all. As welfare recipients are deemed to receive benefits as a right under the Constitution, any deviation from the minimum requirement would constitute a violation of constitutional rights. In any case, termination or modification of welfare benefits that are concretized under the Act should be protected under the due process principle, because the principle would cover any government actions that restrict established legal rights. This paper argues that the procedural due process requires the recipients be guaranteed an opportunity to have a hearing before the termination or modification is enforced. An independent decision-maker should hear the proceedings, and the recipients should have an option to orally present their opinions in front of the decision-maker. The hearing process under the Administrative Procedures Act of Korea offers elements that would satisfy these procedural requirements. Thus, this paper concludes that the National Basic Living Security Act should be amended to adopt the hearing process under the Administrative Procedures Act in its termination and modification procedure.

A Legal Analysis of Identity Revelation of Malicious Crime's Suspect (강력범죄 피의자의 신상공개에 대한 법적 고찰)

  • Jeong, Cheol-Ho
    • The Journal of the Korea Contents Association
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    • v.12 no.7
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    • pp.156-168
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    • 2012
  • As the increase of violent crimes such as robbery, murder, and rape has become a social problem, the government is considering institutionalizing the identification of criminals to prevent crime and to guarantee people's right to know. Such an atmosphere led to the approval of the revision of 'Special Law On the Punishment of Specific violent Crimes' in the National Assembly in April 2010. The revision allows the revelation of the profiles of crime suspects including the pictures of their faces at the investigation stage. However, whether the revision had been effective in preventing crime has not been demonstrated empirically. Moreover, identity revelation is a grave intrusion into privacy and an abuse of human rights such as personal rights and the right to a fair trial, since personal information of criminal suspects would be released to the media prior to the court's final judgements. Also it violates the principle of presumption of innocence, the principles of due process, the principle of double jeopardy, the principle of prohibition against excessive, the principles of clarity, and the principle of liability.

Design philosophy and Principle of Hangeul (한글의 디자인 철학과 원리)

  • 한재준
    • Archives of design research
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    • v.14 no.2
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    • pp.235-244
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    • 2001
  • Hangout is already recognized as a world famous writing system. However, the typefaces that may show the excellence of Hangeul lack the systemic development, and their frequent change without independence rather causes an obstruction to the development of visual culture and informational systematization of the country. In this paper, I presume that the core of this obstruction is caused by a lack of successful inheritance of the creation philosophy and principle of Hangeul. In order to prove this premise definitively, I saw Hangul from the viewpoint of design, and suggested the base and objectivity to solve the problem by systematically define the excellence of Hangeul. In this paper, 1 confirmed that the creation philosophy and principle of Hangeul had the design philosophy that was appropriate for social and cultural background of that time, and went through rational design process. Therefore, as I mentioned earlier, the due for the problem with Hangeul typefaces can be found when it is handled based on the creation philosophy and principle. Furthermore, the creation of Hangeul can be explained as a creation of rational and scientific letter as a method of easier communication between different people and nations. Therefore, the study of the design method and principle used in the process of Hangul creation may provide the new base for the methodology of visual communication design, and it may be a core research subject to find the root of Korean design philosophy.

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Study of Energy Separation Mechanism in Vortex Tube by CFD (볼텍스 튜브의 에너지 분리 현상에 관한 수치해석 연구)

  • Choi, Won-Chul;Chung, Myung-Kyoon
    • Transactions of the Korean Society of Mechanical Engineers B
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    • v.32 no.2
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    • pp.92-99
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    • 2008
  • The "energy separation phenomenon" through a vortex tube has been a long-standing mechanical engineering problem whose operational principle is not yet known. In order to find the operational principle of the vortex tube, CFD analysis of the flow field in the vortex tube has been carried out. It was found that the energy separation mechanism in the vortex tube consists of basically two major thermodynamic-fluid mechanical processes. One is the isentropic expansion process at the inlet nozzle, during which the gas temperature is nearly isentropically cooled. Second process is the viscous dissipation heating due to the high level of turbulence in both flow passages toward cold gas exit as well as the hot gas exit of the vortex tube. Since the amount of such a viscous heating is different between the two passages, the gas temperature at the cold exit is much lower than that at the hot exit.

Aluminum Brazing and Its Principle (알루미늄의 브레이징과 원리)

  • Lee, Soon-Jae;Jung, Do-Hyun;Jung, Jae-Pil
    • Journal of the Microelectronics and Packaging Society
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    • v.24 no.4
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    • pp.1-7
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    • 2017
  • Aluminum alloys have been widely used in many fields such as electronic, structure, aero-space and vehicle industries due to their outstanding thermal and electrical conductivity as well as low cost. However, they have some difficulties for using in brazing process because of the strong oxide layer of $Al_2O_3$ on the surface of Al alloy. In addition, their melting point is similar to that of brazing filler metal resulting in thermal damage of Al alloys. Therefore, it is very important to understand the brazing principles, filler metal and its properties such as wetting, capillary flow and dissolution of base metal in the Al brazing process. This paper reviews the brazing principles, aluminum alloys, and brazing fillers. In the case of brazing principle, some formula was used for calculation of capillary force and the dissolution to obtain the best condition of Al brazing. In addition, the advanced research trends in Al brazing were introduced including thermal treatment, additive for improving property and decreasing melting point in Al brazing process.

The Process of Understanding Force As Used among Two Young Children in Rough-and-Tumble Play When Using Combative Objects (싸움도구를 사용하는 거친신체놀이에서 두 명의 유아들이 물리적 힘을 이해하는 과정)

  • Baik, Eunyoung
    • Korean Journal of Child Studies
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    • v.35 no.5
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    • pp.63-82
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    • 2014
  • The purpose of this study is to elucidate how two young children understand force in rough-and-tumble play. For this purpose, a form of microanalysis(Forman, 2006) was used. They regarded black as the strongest color due to their daily experiences. They assumed that a structure made of black Lego-color-bricks would be strongest and made an experiment of beating it against blocks of other colors. Such repetitive behavior ultimately led them to realize that color had no correlation with strength. They also understood mechanical energy by which a boy's pushing power moves against an object. They tried to strike a bigger or protruding structure and understood that parts might be broken more easily by striking. This experience enabled the boys to realize the principle of resistance. That is to say, in the process of rough-and-tumble play, their misconceptions were gradually removed and they obtained scientific knowledge, including understanding of mechanical energy and the principle of resistance. This study found that two young children constructed knowledge together through the process of tool making and in contending for victory in rough-and-tumble play.

A Study on the 「Zhenmairushijie」 by Zhang Yuansu in 『Chandobangronmaekkyulgipseong』 (『찬도방론맥결집성』의 장원소 「진맥입식해」 연구)

  • Jang, Woo-chang
    • Journal of Korean Medical classics
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    • v.32 no.1
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    • pp.1-27
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    • 2019
  • Objectives : By studying the contents of Zhang Yuansu's "Zhenmairushijie", which are introductory remarks of "Chandobangronmaekkyulgipseong", this study attempts to clarify the academic meaning expressed in it and consider his real significance. Methods : First, based on previous studies on Zhang Yuansu and "Wangshuhemaijue", this study divides the contents of "Zhenmairushijie" into 4 chapters and read out the original text. Next, based on Zhang Yuansu's notes and other writings on the original text, this study examines contents in detail. Finally, based on the discussion, this study examines the current significance of academic thoughts expressed in Zhang Yuansu's "Zhenmairushijie". Results & Conclusions : "Zhenmairushijie" emphasizes the combination of nervation and Byeonggi in the process of feeling the pulse for diagnosis, the combination of Byeonggi and Yongyak to declare that the feeling of the pulse for diagnosis is the principle of differential diagnosis. The combination principle of nervation-Byeonggi can be found in comprehensive pulse methods of "Nanjing", and the combination of Byeonggi-Yongyak should follow Ohaeng's Bubuheoshilsajeongbosa principle. Pulse methods of "Wangshuhemaijue" integrated Byeonggi expressed in Uigyeong and Byeonggi in Gyeongbang in the process of the feeling of the pulse for diagnosis to present the principle of diagnosis to perform Byeongjeungronchi. Therefore, "feeling the pulse for diagnosis ipsik" is not only an introductory remark of feeling the pulse for diagnosis, but an comprehensive remark of whole diagnosis as well. It is an introductory remark of the entire medical field due to the nature of oriental medicine which emphasizes diagnosis.

Sources of Evoking Frustration, Actions to Overcome the Frustration and Preference of Design Aesthetic Principle in Product Choice (좌절감정의 원인 및 극복행동과 제품선택에서 디자인의 심미성 선호)

  • Lim, Ah Young;Choi, Nak Hwan
    • Science of Emotion and Sensibility
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    • v.17 no.4
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    • pp.109-122
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    • 2014
  • The present study focused on frustration emotion investigated the variables evoking frustration and the process in which sense of frustration would be overcome, and explored the principle of aesthetics the consumers under the frustration might prefer in choosing goods. The results of this study are as follows. First, consumers usually felt frustration rather than anger when it became obvious that their objectives could not be met and that they failed to achieve their objectives due to uncontrollable cause. Second, consumers who felt frustration wanted to receive emotional support and comfort from close acquaintances rather than to cope actively with the unsuccessful situation by renewed challenges. Third, consumers, once frustrated, preferred harmony principle rather than emphasis principle in terms of esthetics in choosing design of goods. Therefore, marketing managers are advised to approach to the consumers who felt frustration on the basis of harmony principle in design of goods.

Recent Research Trends of Process Monitoring Technology: State-of-the Art (공정 모니터링 기술의 최근 연구 동향)

  • Yoo, ChangKyoo;Choi, Sang Wook;Lee, In-Beum
    • Korean Chemical Engineering Research
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    • v.46 no.2
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    • pp.233-247
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    • 2008
  • Process monitoring technology is able to detect the faults and the process changes which occur in a process unpredictably, which makes it possible to find the reasons of the faults and get rid of them, resulting in a stable process operation, high-quality product. Statistical process monitoring method based on data set has a main merit to be a tool which can easily supervise a process with the statistics and can be used in the analysis of process data if a high quality of data is given. Because a real process has the inherent characteristics of nonlinearity, non-Gaussianity, multiple operation modes, sensor faults and process changes, however, the conventional multivariate statistical process monitoring method results in inefficient results, the degradation of the supervision performances, or often unreliable monitoring results. Because the conventional methods are not easy to properly supervise the process due to their disadvantages, several advanced monitoring methods are developed recently. This review introduces the theories and application results of several remarkable monitoring methods, which are a nonlinear monitoring with kernel principle component analysis (KPCA), an adaptive model for process change, a mixture model for multiple operation modes and a sensor fault detection and reconstruction, in order to tackle the weak points of the conventional methods.

Progressive collapse analysis of steel frame structure based on the energy principle

  • Chen, Chang Hong;Zhu, Yan Fei;Yao, Yao;Huang, Ying
    • Steel and Composite Structures
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    • v.21 no.3
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    • pp.553-571
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    • 2016
  • The progressive collapse potential of steel moment framed structures due to abrupt removal of a column is investigated based on the energy principle. Based on the changes of component's internal energy, this paper analyzes structural member's sensitivity to abrupt removal of a column to determine a sub-structure resisting progressive collapse. An energy-based structural damage index is defined to judge whether progressive collapse occurs in a structure. Then, a simplified beam damage model is proposed to analyze the energies absorbed and dissipated by structural beams at large deflections, and a simplified modified plastic hinges model is developed to consider catenary action in beams. In addition, the correlation between bending moment and axial force in a beam during the whole deformation development process is analyzed and modified, which shows good agreement with the experimental results.