• Title/Summary/Keyword: Relation rule

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Analysis and Prospect of North Korean Legislation System - Focused on the 'Legislation Law' of North Korea - (북한의 법제정(입법) 체계의 분석 및 전망 - '법제정법'을 중심으로 -)

  • Park, Jeong-Won
    • Journal of Legislation Research
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    • no.53
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    • pp.9-59
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    • 2017
  • Recently, the aspect of regulating the legal system in North Korea has increased in quantity and shows the improvement of the evaluation of the lack of systematic consistency in the past. North Korean legislation has been negatively criticized for its lack of function and role of the legislative body and ambiguity of the legal system. In particular, the newly adopted "Legislation Law" in relation to the revision of the legislative system of North Korea contains important and clear contents to understand the legislative system and procedures of North Korea. The contents of the "Legislation Law" can be found a glimpse of the process by which the framework and procedures of the North Korean legislative process are organized more systematically. The North Korean legislation provides legal and institutional grounds for promoting internal and external policies under the Kim jong-un's regime. North Korea is focused on the nuclear issue, so there is limited information on other areas. In light of this, the purpose of this study is to examine the legislative theory and system of North Korea, and outline the theoretical basis of North Korea's emphasis on strengthening socialist judicial life, the socialist legal system, and the state theory of socialist rule of law. In addition, it can be analysed the content of actual legal reform in light of North Korea's legislative theory and system. In the study, it will examine the legislative system of North Korea and its characteristics by examining the legislative process and legislative process of North Korea. Moreover, it can be compared the contents of the Legislative Law of China with the legislative process of the DPRK and examine its characteristics. We will look at the challenges to the legislative system in North Korea and look into the future direction of the legislation. Kim jong-un's announcement of the revised legislation until recently through the publication of the 2016 Supplementary Codes is an important data for the current state of the North Korean legislation. This is because it confirms the content of the laws and regulations already known through "Democratic Chosun(a newspaper issued by North Korea Cabinet)'s statutory interpretation." However, in the case of laws and regulations related to the North Korean political system, it is still a remnant of the lagging legislation that the announcement is delayed, or it remains undisclosed or confidential. North Korean laws are developed and changed according to the changes of the times. In particular, the contents of the maintenance of foreign investment and the foreign economic law system and related internal legal system are found to change in accordance with the development direction of the socioeconomic system. If the direction of Kim jong-un's regime is to be expanded to the path of reform and opening up in the economic sector, the revision of the related laws and regulations will accelerate. Securing the transparency and objectivity of the North Korean legislative process and procedures will help to broaden the understanding of the inter-Korean legal system and to seek institutional measures for inter-Korean integration. In the future, in-depth research on the North Korean legal system will be emphasized as a basis for ultimately forming a unified Korea's legal system.

The Effect of Audit Quality on Crash Risk: Focusing on Distribution & Service Companies (감사품질이 주가급락 위험에 미치는 영향: 유통, 서비스 기업을 중심으로)

  • Chae, Soo-Joon;Hwang, Hee-Joong
    • Journal of Distribution Science
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    • v.15 no.8
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    • pp.47-54
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    • 2017
  • Purpose - According to agency theory, managers have incentives to adjust firm revenues to meet earnings expectations or delay bad news disclosure because of performance-based compensation and their reputation in the market. When the bad news accumulates, stock prices fail to reflect all available information. Thus, market prices of stocks are higher than their intrinsic value. After all, bad news crosses the tipping point, it comes out all at once. That results in stock crashes. Auditors can decrease stock crash risk by reducing agency costs through their informational role. Especially, stock price crash risk is expected to be lower for firms adopting high-quality audits. We focus on distribution and service industry to examine the relation between audit quality and stock price crash risk. Industry specialization and auditor size are used as proxies for auditor quality. Research design, data and methodology - Our sample contains distribution and service industry firms listed in KOSPI and KOSDAQ during a period of 2004-2011. We use a logistic regression to test whether auditor quality influences crash risk. Auditor quality was measured by industry specialist auditor and Big4 / non-Big4 dichotomy. Following the approach in prior researches, we use firm-specific weekly returns to measure crash risk. Firms experiencing at least one stock price crash in a specific week during year are classified as the high risk group. Results - The result of analyzing 429 companies in distribution and service industry is summarized as follows: Above all, it is shown that higher audit quality has a significant negative(-) effect on the crash risk. Crash risk is alleviated for firms audited by industry specialist auditors and Big 4 audit firms. Therefore, our results show that hypotheses are supported. Conclusions - This study is very meaningful as the first study which investigated the effects of high audit quality on stock price crash risk. We provide evidence that high-quality auditors reduce stock price crash risk. Our finding implies that the risk of extreme losses can be reduced through screening of high-quality auditors. Therefore investors and regulators may utilize our findings in their investment and rule making decisions.

Numerical Analysis of Deformation Behaviour of Underground Opening in a Discontinuous Rock Mass Using a Continuum Joint Model (연속체 절리모델을 이용한 불연속성암반 내 지하공동의 변형거동에 관한 수치해석)

  • Kang Sang Soo;Lee Jong-Kil;Baek Hwanjo
    • The Journal of Engineering Geology
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    • v.15 no.3
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    • pp.257-268
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    • 2005
  • In situ rock mass is generally heterogeneous and discontinuous, with varying degrees of strength along the planes of weakness. The planes of weakness such as joints, faults, cracks and bedding planes, control the strength and deformation characteristics of the rock mass. Subsequently, the stability of underground opening depends upon the spatial distribution of discontinuities and their mechanical properties in relation with geometrical shape of openins as well as the mechanical properties of intact rock materials. Understanding the behaviour of a discontinuous rock mass remains a key issue for improving excavation design in hiかy stressed environments. Although recent advances in rock mechanics have provided guidelines for the design of underground opening in isotropic rock mass, prediction and control of deformation in discontinuous rock masses are still unclear. In this study, parametric study was performed to investigate the plastic zone size, stress distribution and deformation behavior around underground opening in a discontinuous rock mass using a continuum joint model. The solutions were obtained by an elasto-plastic finite difference analysis, employing the Mohr-Coulomb failure criteria. Non-associated flow rule and perfectly plastic material behavior are also assumed.

Corrosion Fatigue Cracking Propagation Characteristics and its Protection for the AL-Alloys of Shipbuilding (선박용 알루미늄 합금재의 부식피로균열 진전특성과 그 억제에 관한 연구)

  • Lim, Uh-Joh;Kim, Soo-Byung;Lee, Jin-Yel
    • Journal of the Korean Society of Fisheries and Ocean Technology
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    • v.25 no.2
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    • pp.87-104
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    • 1989
  • Recently, with the tendency of more lightening, high-strength and high-speed in the marine industries such as marine structures, ships and chemical plants, the use of the aluminium Alloy is rapidly enlarge and there occurs much interest in the study of corrosion fatigue crack characteristics. In this paper, the initiation of surface crack and the propagation characteristics on the base metal and weld zone of 5086-H116 Aluminium Alloy Plate which is one of the Al-Mg serious alloy(A5000serious) used most when building the special vessels, were investigated by the plane bending corrosion fatigue under the environments of marine, air and applying cathodic protection. The effects of various specific resistances on the initiation, propagation behavior of corrosion fatigue crack and corrosion fatigue life in the base metal and heat affected zone were examined and its corrosion sensitivity was quantitatively obtained. The effects of corrosion on the crack depth in relation to the uniform surface crack length were also investigated. Also, the structural, mechanical and electro-chemical characteristics of the metal at the weld zone were inspected to verify the reasons of crack propagation behavior in the corrosion fatigue fracture. In addition, the effect of cathodic protection in the fracture surface of weld zone was examined fractographically by Scanning Electron Microscope(S.E.M.). The main results obtained are as follows; (1) The initial corrosion fatigue crack sensitibity under specific resistance of 25Ω.cm% show 2.22 in the base metal and 19.6 in the HEZ, and the sensitivity decreases as specific resistance increases (2) By removing reinforcement of weldment, the initiation and propagation of corrosion crack in the HAZ are delayed, and corrosion fatigue life increases. (3) As specific resistance decreases, the sensitivity difference of corrosion fatigue life in the base metal and HAZ is more susceptible than that of intial corrosion fatigue crack. (4) Experimental constant, m(Paris' rule) in the marine environment is in the range of about 3.69 to 4.26, and as specific resistance increases, thje magnitude of experimental constant, also increases and the effect by corrosion decreases. (5) Comparing surface crack length with crack depth, the crack depth toward the thickness of specimen in air is more deeply propagated than that in corrosion environment. (6) The propagation particulars of corrosion fatigue crack for HAZ under initial stress intensity factor range of $\Delta$k sub(li) =27.2kgf.mm super(-3/2) and stress ratio of R=0 shows the retardative phenomenon of crack propagation by the plastic deformation at crack tip. (7) Number of stress cycles to corrosion fatigue crack initiation of the base metal and the welding heat affected zone are delayed by the cathodic protection under the natural sea water. The cathodic protection effect for corrosion fatigue crack initiation is eminent when the protection potential is -1100 mV(SCE). (8) When the protection potential E=-1100 mV(SCE), the corrosion fatigue crack propagation of welding heat affected zone is more rapid than that of the case without protection, because of the microfissure caused by welding heat cycle.

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Variables Associated with School-Related Adjustment of Technical High School Students (공업계 고등학교 학생들의 학교생활 적응과 관련 변인)

  • Lee, Myung-Hun
    • 대한공업교육학회지
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    • v.32 no.2
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    • pp.1-22
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    • 2007
  • The purposes of this study were to measure the school-related adjustment level of technical high school students, and to determine the relationship between school-related adjustment and its related variables. The study was carried out through questionnaire survey method. The population sample for the study constituted 553 completed questionnaires from purposive sample of 600 first grade technical high school students. A survey questionnaire was developed by researcher, which consisted of 28 scales. Both descriptive and inferential statistics were employed for data analysis. Major findings of this study were as follows: First, school-related adjustment level of technical high school students was average. In sub-variables of school-related adjustment, 'compliance with the rule' was the highest, and 'relation to teacher' was the lowest. Second, five related variables were found to be a significant relationship with school-related adjustment level of technical high school students. They were 'orientation for freshman', 'student's department hope', 'teacher activity for student learning improvement', 'teacher support for student school life', 'parent's interest about school life'. Third, after multiple regression analysis, the proportion of the variance in school-related adjustment of technical high school students was about 42.2%. School-related adjustment of technical high school students was most explained by 'teacher activity for student learning improvement'.

Breakdown Characteristics of Teflon by N2-O2 Mixture gas (N2-O2 혼합가스에 따른 Teflon의 절연파괴특성)

  • Choi, Eun-Hyeok;Choi, Byoung-Sook;Park, Sung-Gyu
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.1
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    • pp.69-74
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    • 2018
  • With the increasing development of industrial society and the availability of high quality electrical energy, the simplification of operation and maintenance procedures is required, in order to ensure the reliability and safety of electrical systems. In this paper, the dielectric breakdown characteristics of $N_2-O_2$ mixed gas solid insulation, which is used as an alternative to SF6 in various electric power facilities, are verified. When the gas mixture has a composition ratio similar to that of the atmosphere, the dielectric breakdown characteristics are relatively stabilized. It was confirmed that the breakdown voltage of the gas in the electrode near an equal electric field increased with increasing pressure according to Paschen's rule. The breakdown voltage of the surface increased linearly with increasing pressure, and the difference was caused by the mixing ratio of $O_2$ gas. This change in the surface insulation breakdown voltage was caused by the influence of the electrically negative $O_2$ gas and the intermolecular collision distance. In this study, the influence of the intermolecular impact distance was larger (than that in the absence of the electrically negative $O_2$ gas). The breakdown voltage relation applicable to Teflon according to the surface insulation characteristics was calculated. The characteristics of the surface insulation properties of Teflon, which is used as a solid insulation material, were derived as a function of pressure. It is thought that these results can be used as the basic data for the insulation design of electric power facilities.

Main Differences of Warranties under Marine Insurance Contract - with Comparisons between U.K., U.S. and Korea - (국제무역 계약상 해상보험의 담보에 대한 주요 차이점 -영국, 미국, 한국의 비교)

  • Pak, Myong-Sop;Han, Nak-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.44
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    • pp.111-180
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    • 2009
  • According to English law, in a voyage policy there is an implied warranty that at the commencement of the voyage the ship shall be seaworthy for the purpose of the particular adventure to be insured. However, Unites States law affords the implied warranty of seaworthiness a great deal of latitude. In the case of voyage policies, it has been traditionally held that the assured is bound not only to have his vessel seaworthy at the commencement of the voyage but also to keep her so, insofar as this can be achieved by himself and his agents, throughout the voyage. Additionally, a defect in seaworthiness, arising after the commencement of the risk, and permitted to continue from bad faith or want of ordinary prudence or diligence on the part of the insured or his agents, discharges the insurer from liability for any loss consequent to such bad faith, or want of prudence or diligence; but does not affect the insurance contract in reference to any other risk or loss covered by the policy, and which is not caused or exacerbated by the aforementioned defect. One of the most important areas of difference in the marine insurance contract between the U.K. and U.S. is the breach of warranty. Prior to the Wilburn Boat case, the MIA was thought to hold that the effect of a breach of warranty was similar under American law -in that under the general maritime law literal compliance with all promissory warranties is required. In this case, the Court concluded that state law should apply to a marine insurance policy, and found that there was no federal rule addressing the consequences of a breach of warranty in marine polices. However, it is of the utmost importance that this case brought to a close the imperative concordance between English and American law. Meanwhile, in relation to marine insurance contracts in Korea, this insurance is subject to English law and practice;, additionally, the international trade volume between Korea and the United States has assumed a vast scale. Therefore, we believe it is important to understand the differences in marine insurance law between the two countries in terms of marine insurance contracts, and most specifically warranties.

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Legal Study on the Provision of Financial Services Professionals and the Policy Implication for Korea -Based on the UK Financial Services and Markets Act Systems- (전문직종사자의 금융서비스 제공에 관한 법적 고찰과 국내 시사점 -영국 금융서비스 및 시장법 체계를 바탕으로-)

  • Park, Tae-Jun;Park, Chang-Wook
    • Management & Information Systems Review
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    • v.35 no.3
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    • pp.81-93
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    • 2016
  • UK "FSMA" provides a safe harbour for members of professions, which are lawyers, accountants, and actuaries in their provision of certain financial services, despite the general prohibition, the professions carry on exempt regulated activities. In particular, DPBs(designated professional bodies), which professional bodies are designated by the Treasury, must have rules and have to supervise and regulate their members those activities by rules. Also, the FSA must keep itself informed about the role of DPBs, and may make directions concerning the safe harbour in relation to particular classes of persons of different descriptions of regulated activities. On the other hand, Korea "FSCMA" explicitly except provision of financial services by professions to investment adviser without regard to mainstream financial services activities or incidental activities. Under "FSMA", if the professions conduct provision of financial services as mainstream activities, they must be authorized person and even if their activities is incidental, they have to comply with exemption sections. Therefore, there is a need of prepare the legal safeguards about provision of financial services by professions for the investor protection.

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A Study on the Protection of Trial Subjects in Clinical Trials of Investigational New Drug (의약품 임상시험에서 피험자 보호)

  • We, Kye Chan
    • The Korean Society of Law and Medicine
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    • v.13 no.2
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    • pp.79-113
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    • 2012
  • This study focuses on the protection of trial subjects, who participate in clinical trials for new drug. It takes long time to develop new drugs and the clinical trials are required. Usually, pharmaceutical company, which develop new drug, request a research institution(usually, hospital) to investigate the examination of security and side effects of new drug. The institution recruit trial subject to participate in the trials. The contract for clinical research of investigational new drug is concluded between the pharmaceutical company and the institution. This thesis studies the legal regulations for protection of participants of clinical research for new drug. In this respect the first matter of this study is to seek which relation between pharmaceutical firm and participants of clinical trials. Especially, there is a question which the trial subject is entitled to demand the pharmaceutical company which requested clinical trials the institution to supply the investigational new drug, after the contract for clinical trials had terminated or cancelled. This study take into account the liability of the pharmaceutical company to trial subject. Secondly, it is researched the roles and authority of Institutional Review Board(IRB). IRB is Research Ethics Committee of the institution, in which clinical trials for new drug are conducted. According to the rule of Korea good clinical practice(KGCP), IRB is the mandatory organization which is authorized to approve, secure approval or disapprove the clinical trials for investigational new drug in the institution. The important roles are the review of ethical perspective of trial research and the protection of trial subject. Thirdly, this paper focuses if the participants are to be paid for the participation for clinical research. This is ethical aspect of clinical trials. It is resonable that the participant is reimbursed for expenditure such as travels, and other expenses incurred in participation in trials. It is not allowed that the benefit of clinical trials is paid to trial subject. The payment should not function as financial inducements for participations of trials. Finally, the voluntary consent of the trial subject is required. The institution ought to inform the subject, who would like to participate in trials, and it ought to received informed consent in writing for subject. In this regard, it is matter that trial subject has ability of consent. It is principle that the subject as severely psychogeriatric patient has not ability of consent. However, it is required that not only healthy people but also patients are allowed to take part in clinical trials of new drug, in order to confirm which the investigation new drug is secure. Therefore there are cases, in which the legal representative of subject consent the participation of the trials. In addition, it is very important that the regulations concerning clinical trials of new drug is to be systematically well-modified. The approach of legal and political approach is needed to achieve this purpose.

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Transient Torsional Vibration Response due to Ice Impact Torque Excitation on Marine Diesel Engine Propulsion Shafting (선박용 디젤엔진 추진축에서 빙 충격 토크 기진에 의한 과도 비틀림 진동 응답)

  • Barro, Ronald D.;Eom, Ki Tak;Lee, Don Chool
    • Transactions of the Korean Society for Noise and Vibration Engineering
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    • v.25 no.5
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    • pp.321-328
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    • 2015
  • In recent years, there has been an increasing demand to apply the new IACS(International Association of Classification Societies) standards for ice and polar-classed ships. For ice-class vessel propulsion system, the ice impact torque design criterion is defined as a periodic harmonic function in relation to the number of the propeller blades. However, irregular or transient ice impact torque is assumed to occur likely in actual circumstances rather than these periodic loadings. In this paper, the reliability and torsional vibration characteristics of a comparatively large six-cylinder marine diesel engine for propulsion shafting system was examined and reviewed in accordance with current regulations. In this particular, the transient ice impact torque and excessive vibratory torque originating from diesel engine were interpreted and the resonant points identified through theoretical analysis. Several floating ice impacts were carried out to evaluate torque responses using the calculation method of classification rule requirement. The Newmark method was used for the transient response analysis of the whole system.