• 제목/요약/키워드: Relevant Circumstances

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기상청의 농업기상 관측환경과 정기보고서: 현황 및 제언 (Agrometeorological Observation Environment and Periodic Report of Korea Meteorological Administration: Current Status and Suggestions)

  • 최성원;이승재;김준;이병렬;김규랑;최병철
    • 한국농림기상학회지
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    • 제17권2호
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    • pp.144-155
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    • 2015
  • 2011년 농업기상 관측장비의 재배치 사업 이후, 기상청의 농업기상 관측환경은 전반적으로 상당히 향상되었다. 본 연구는 최근 실시한 현지답사 결과를 바탕으로, 1) 확실한 관리주체의 확립, 2) 유관기관들 간 상호협조 강화, 3) 관측환경 변화에 대한 상세한 기록, 4) 장비와 센서의 표준화 5) 통일된 형태의 안내판 설치, 6) 부적합한 환경 하에 놓여 있는 장비의 인접 장소로의 이동, 7) 자동화된 증발계의 설치가 후속적으로 이루어져야 함을 제시하였다. 또한, 확보된 고품질의 자료를 활용하기 위하여 현재 중단되어 있는 농업기상 정기보고서의 제작이 필요하며, 우리 나라의 현황을 감안할 때 1년에 한 차례 국가 전체에 걸쳐 지난 1년 간 일어난 특징적인 농업기상 현상들을 시간 순으로 서술하는 독일이나 캐나다의 연례보고서를 참고할 것을 제안한다.

영국 보험법 상 보험자의 보험금지급의무와 관련한 주요 쟁점 - 2015년 보험법 상 개정내용을 중심으로 - (Main Issues on the Insurer's Duty of Payment of Insurance Claim in English Insurance Law -Focused on the Revised Provisions in Insurance Act 2015 -)

  • 신건훈;이병문
    • 무역상무연구
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    • 제76권
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    • pp.125-145
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    • 2017
  • Where an insurer has unreasonably refused to pay a claim or paid it after unreasonably delay, the existing law in England does not provide a remedy for the insured. Accordingly, the insured is not entitled to damages for any loss suffered as a result of the insurer's unreasonable delay. This legal position differs from the law in Scotland and most major common law jurisdictions. LC thought that the legal position in England is anomalous and out of step with general contractual principles. LC considered that a policyholder should have a remedy where an insurer has acted unreasonably in delaying or refusing payment of claim, and, therefore, recommended a statutory implied term in every insurance that the insurer will pay sums due within a reasonable time and breach of that term should give rise to contractual remedies, including damages. More detailed recommendations of LC are as followings. First, it should be an implied term of every insurance contract that, where an insured makes a claim under the contract, the insurer must pay sums due within a reasonable time. Secondly, a reasonable time should always include a reasonable time for investigating and assessing a claim. Although a reasonable time will depend on all the relevant circumstances, for example, the following things may need to be taken into account, that is, (1) the type of insurance, (2) the size and complexity of the claim, (3) compliance with any relevant statutory rules or guidance, and (4) factors outside the insurer's control. Thirdly, if the insurer can show that it had reasonable grounds for disputing the claim(whether as to pay or not, or the amount payable), the insurer does not breach the obligation to pay within a reasonable time merely by failing to pay the claim while the dispute is continuing. In those circumstances, the conduct of the insurer in handling the dispute may be a relevant factor in deciding whether the obligation was breached and, if so, when. Fourthly, Normal contractual remedies for breach of contract should be available for breach of the implied term to pay sums due within a reasonable time. Finally, In non-consumer insurance contracts, the insurer should be permitted to exclude or limit its liability for breach of the obligation to pay sums due within a reasonable time, unless such breach was deliberate or reckless, and such an insurer's right to contract out will be subject to satisfying the transparency requirements.

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근본적(根本的) 계약위반(契約違反) 조항(條項)의 적용(適用) 사례(事例)에 관한 고찰(考察) - 매도인(賣渡人)의 의무위반(義務違反)을 중심(中心)으로- (A Study on the Cases of Seller's Fundamental Breach)

  • 하강헌
    • 무역상무연구
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    • 제19권
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    • pp.67-93
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    • 2003
  • The CISG approach was intended to make the remedial system clear, but produced ambiguity, and complexity. The CISG does not differentiate between main, auxiliary and participatory obligations. There is no distinction between breaches of main or breaches of auxiliary obligations, rather, a distinction is made between fundamental and other breaches of contract. Articles 25 gives the definition of fundamental breach of contract. This concept is the essential of avoidance and remedial system in the CISG. This concept, however, is ambiguous. The fact that the fundamentality of a breach of contract in many cases is the condition for an avoidance of contract, is expression of the trend of the CISG to preserve contracts, which I consider as essential in international trade. The elements which define a substantial detriment are extremely complex. It will become obvious that the relevant detriment is not a static element, but in many instances occurs only when the breach of contract continues. It should be added that it is the circumstances of each individual case which are relevant. It is to be stressed that a fundamental breach of contract must constitute also a non-fulfillment of a contractual obligation.

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Are theoretically calculated periods of vibration for skeletal structures error-free?

  • Mehanny, Sameh S.F.
    • Earthquakes and Structures
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    • 제3권1호
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    • pp.17-35
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    • 2012
  • Simplified equations for fundamental period of vibration of skeletal structures provided by most seismic design provisions suffer from the absence of any associated confidence levels and of any reference to their empirical basis. Therefore, such equations may typically give a sector of designers the false impression of yielding a fairly accurate value of the period of vibration. This paper, although not addressing simplified codes equations, introduces a set of mathematical equations utilizing the theory of error propagation and First-Order Second-Moment (FOSM) techniques to determine bounds on the relative error in theoretically calculated fundamental period of vibration of skeletal structures. In a complementary step, and for verification purposes, Monte Carlo simulation technique has been also applied. The latter, despite involving larger computational effort, is expected to provide more precise estimates than FOSM methods. Studies of parametric uncertainties applied to reinforced concrete frame bents - potentially idealized as SDOF systems - are conducted demonstrating the effect of randomness and uncertainty of various relevant properties, shaping both mass and stiffness, on the variance (i.e. relative error) in the estimated period of vibration. Correlation between mass and stiffness parameters - regarded as random variables - is also thoroughly discussed. According to achieved results, a relative error in the period of vibration in the order of 19% for new designs/constructions and of about 25% for existing structures for assessment purposes - and even climbing up to about 36% in some special applications and/or circumstances - is acknowledged when adopting estimates gathered from the literature for relative errors in the relevant random input variables.

사망재해 발생 기업에 대한 형사책임 강화 - 영국의 '법인 과실치사법'을 중심으로 - (Reinforcement of Criminal Responsibility of Corporations in the Occurrence of an Accidental Death in the U.K.: Focusing on "Corporate Manslaughter and Corporate Homicide Act 2007")

  • 정진우
    • 한국산업보건학회지
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    • 제23권4호
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    • pp.374-383
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    • 2013
  • Objectives: The major objective of this study is to review overall and in detail the Corporate Manslaughter and Corporate Homicide Act 2007 in the U.K.and the principal contents of this act. Methods: A variety of articles related to the background and circumstances under which the legistration was enacted and the details of this act were investigated and analyzed. Results: In enacting Corporate Manslaughter and Corporate Homicide Act 2007, legislators mainly took elements of legal culture into account and focused on seeking to broaden the law on corporate manslaughter. An indictable offence is considered to have been committed if the way in which an organization's activities are managed or organised causes a person's death and amounts to a gross breach of the relevant duty of care owed by the organization to the deceased. The way in which its activities are managed or organized by its senior management is a substantial element in the breach. Upon conviction, a corporation may be ordered to remedy any breach, publicize its failures, or be given an unlimited fine. Conclusions: The enactment background and details of Corporate Manslaughter and Corporate Homicide Act 2007 is understood accurately. On the basis of the findings, it is necessary to heighten effectiveness of punishment.for senior management or corporations that cause a person's death in Korea.

우리나라 운항사 제도 및 교육과정의 비교연구 (A Study on the System of Dual Purpose Officer and Education Curriculums in Korea)

  • 윤명오
    • 한국항해학회지
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    • 제17권1호
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    • pp.79-90
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    • 1993
  • As the trend of ship's automation has spreaded over from 1950's , it caused shipping industries to develop new concept of ship's officer to operate new type of ships with high technologies. As a result, French started the education of Dual Purpose Officer (DPO) from 1967 for mariners who has skills and knowledge in navigation and engineering area. these experiments were concerned mainly with an improved carrier structure for officers, efficiency in ship's operation and subsequent cost saving, and in these years, many advanced countries in shipping business have been interested in the DPO system and adopted it especially in the Northern Europe and Japan. In Jorea there were researches for DPO based on experience of those in foreign countries in the middle of 1980's and established it with revision of relevant domestic regulation in 1990. Korean shipping industry will meet first graduates from DPO program in the near future but it seems that there were not sufficient studies to prepare actual practice. In the paper it was tried to analyze korean DPO system in the structure of education and certification by comparing them with foreign one and found that curriculums of the two maritime universites in Korea are quite suitable under circumstances of domestic shiping industry but some amendments are needed in relevant regulations.

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EU항공여객운송법 체제에서 대체항공편의 운항지연과 특별한 사정의 범위 - 2020년 EU사법재판소 A and Others v. Finnair Oyj, Case C-832/18 판결을 중심으로 - (The Delay of Re-Routing Flight and Scope of Extraordinary Circumstances in the European Air Transportation Law: A Case Comment on A and Others v. Finnair Oyj [2020] Case C-832/18)

  • 서지민
    • 항공우주정책ㆍ법학회지
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    • 제35권2호
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    • pp.197-224
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    • 2020
  • 본 논문에서는 2020년 3월 12일 제시된 EU사법재판소의 A and Others v. Finnair Oyj 판결을 검토해 보았다. 본 판결은 대체항공편에서의 운항지연의 경우에도 금전보상청구를 인정하였다는 점에서 중요한 의미가 있는 판결이다. 이에 본 논문에서는 아직 아직 국내에 소개되지 않은 본 판결을 분석하여, 향후 항공여객의 권리보호 논의 내지는 EC 261/2004 규칙의 해석론적 검토와 관련한 비교법적 참고자료의 역할을 하고자 하였다. 본 논문에서는 먼저 A & Others 판결의 사실관계를 정리하고 EU사법재판소의 판시사항을 개관해 보았다. 몇 가지의 논점들과 EU사법재판소의 판단 법리를 정리한 후, 논문의 구성적 논점을 크게 ① 대체항공편의 운항지연과 그와 관련한 여객의 보상원칙 및 ② 운송인 면책사유로서의 특별한 사정의 해석기준으로 나누었다. 이렇게 논점을 구분하여, EC No 261/2004 규칙의 각 규정들, 기존에 제시된 EU사법재판소 판례의 경향과 함께 본 A & Others 판결을 구체적으로 살펴보았다. 결론적으로는 본 판결의 취지와 항공여객운송실무상의 시사점 등도 생각해보았다. 또한 우리법과의 비교법적 논의도 간략하게나마 언급해 보았다.

도서관학에서의 비교 연구 방법론

  • 남태우
    • 정보관리학회지
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    • 제5권2호
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    • pp.3-22
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    • 1988
  • 비교(Comparative)란 상이성과 유사성을 상호 직접적인 병치로 두어야 하고, 상이성 은 사회 환경의 모든 적절한 제부면에서 해석해야 함을 의미한다. 이러한 원리를 도서관학 에서 도입하여 연구하는 방법론이 비교 도서관학인 것이다. 본고에서는 도서관학에서의 비 교 연구 방법론으로서 i)서술법(description), ii)해석법(interpretation), iii)병렬 방법 (juxtaposition), iv)비교(동시 비교)법(comparision)등을 규명하고자 하였다.

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정보시스템 상호운용성 수준에 따른 조직성과 차이에 관한 탐색적 연구 : 지자체를 중심으로 (An Exploratory Study on the Organizational Performance by Levels of Information System Interoperability)

  • 김형진;양경식;김현수
    • 한국IT서비스학회지
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    • 제4권1호
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    • pp.15-29
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    • 2005
  • According as the requirement of custom for the enterprise or government organization gets to be various, the enterprise or government organization has been quickly changing to cope with the situation. Recently, by considering a domestic situation which is intending the e-government, the service for the people to apply the information technology of a local autonomous entity is very much need. However, it is actual circumstances that share and application of information is not smoothly realized in the state that government organization introduces the relevant system. To solve this problem, this paper performs a study what the level of interoperability has relation to organizational Performance using interoperability with information system.

Meta Analysis to Draw the Appropriate Regimen of Enzyme and Probiotic Supplementation to Pigs and Chicken Diets

  • Ohh, Sang-Jip
    • Asian-Australasian Journal of Animal Sciences
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    • 제24권4호
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    • pp.573-586
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    • 2011
  • Along with the recent changes in animal feed supply circumstances, many enzyme and probiotic feed supplements have been introduced and applied to pigs and chicken diets. Therefore, both selection of the appropriate feed supplements and their proper supplementation becomes critical to justify the supplementation. Meta-analysis was proposed as an appropriate tool to assess the large amount of relevant information. In this review, reliable data from recent publications was compounded then analyzed to determine the best practice of effective enzyme supplementation from the perspectives of animal species, age, characteristics of feed, target substrates, optimum multi enzymes combination and intended objectives. The results of the analysis suggested pratical methods of probiotic supplementation regarding intestinal microbiota, physiological limitation of probiotics, maximization of the probiotic benefit and synergism with prebiotic supplements.