• Title/Summary/Keyword: Stability provisions

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Analysis of Judgements on the validity of selective/unilateral Arbitration Agreement - In case of the Supreme Court's Judgements - (선택적 중재합의의 유효성에 대한 판례분석 - 대법원 판례를 중심으로 -)

  • Chung, Young-Hwan
    • Journal of Arbitration Studies
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    • v.19 no.3
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    • pp.3-24
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    • 2009
  • This article discusses the validity of selective/unilateral arbitration agreement that provides arbitration as one of several dispute resolution methods. The Supreme Court has held selective/unilateral arbitration agreement that is conditional invalidity since the judgement of 2003Da318 decided on Aug. 22, 2003: In the following judgements of 2004Da42166 decided on Nov. 11, 2004 and 2005Da12452 decided on May 27, 2005, the Court stated that the selective/unilateral arbitration agreement that stipulates to resolve a dispute through arbitration or mediation would be valid as an effective arbitration agreement only if a party elects and proceeds an arbitration proceeding and another party responses to the arbitration proceeding without any objection. The definition of arbitration agreement, the formation of selective/unilateral arbitration agreement, the summary of relative judgements and academic theories will be reviewed in order to examine the appropriateness of the series of judgements of the Supreme Court. Based on such reviews, this article will investigate the adequacy of the Supreme Court judgements from the perspectives of i) the principle of party autonomy, ii) the structure of dispute resolution methods, iii) legal provisions of Arbitration Act, iv) legal stability, and v) the policy to revitalize the use of arbitration. At conclusion, this article will suggest the change of precedents of the Supreme Court's judgements with regard to the selective arbitral agreement.

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A Comparison Study on the Semi-empirical Analysis Approach for the Flight Characteristics of a Light Airplane (경비행기의 비행특성 분석 및 준경험적 분석 방법 비교)

  • Lee, Jung-hoon
    • Journal of Aerospace System Engineering
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    • v.16 no.3
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    • pp.1-9
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    • 2022
  • In this study, for development of the MDO (Multi Disciplinary Optimization) framework, the flight dynamic characteristic parameters of the ChangGong-91, a light aircraft, were extracted by an analytical method based on various semi-empirical methods, and the flight test method was compared and evaluated. The semi-empirical analysis methods for comparative subjects were the Perkins method, McCormick method, and Smetana method. The major stability/control derivatives and dynamic factors were calculated, using each method. As the comparison criteria, the flight test derivative estimates and dynamic factors were processed, using the output error method. Additionally, the flight characteristics of the light aircraft were analyzed and evaluated according to the provisions of the Korean Airworthiness Standard (KAS) of the Ministry of Land, Infrastructure and Transport, and MIL-F-8785C for the U.S. military.

Evaluation of moment amplification factors for RCMRFs designed based on Iranian national building code

  • Habibi, Alireza;Izadpanah, Mehdi;Rohani, Sina
    • Advances in concrete construction
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    • v.9 no.1
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    • pp.23-31
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    • 2020
  • Geometric nonlinearity can significantly affect load-carrying capacity of slender columns. Dependence of structural stability on columns necessitates the consideration of second-order effects in the design process of columns, appropriately. On the whole, the design codes present a simplified procedure for second order analysis of slender columns. In this approximate method, the end moments of columns resulted from linear analysis (first-order) are multiplied by the recommended moment amplification factors of codes to achieve magnified moments of the second-order analysis. In the other approach, the equilibrium equations are directly solved for the deformed configuration of structure, so the resulting moments and deflections contain the influence of slenderness and increase more rapidly than do loads. The aim of this study is to evaluate the accuracy of moment amplification factors of Iranian national building code whose provisions are similar to the ACI requirement. Herein, finite element method is used to achieve magnified end moments of reinforced concrete moment resisting frames, and the outcomes are compared with the moments acquired based on the proposed approximate method by Iranian national building code. The results show that the approximate method of Iranian code for calculating magnified moments has significant errors for both unbraced and braced columns.

Determination of bearing type effect on elastomeric bearing selection with SREI-CAD

  • Atmaca, Barbaros;Ates, Sevket
    • Advances in Computational Design
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    • v.2 no.1
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    • pp.43-56
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    • 2017
  • The aim of this paper is to develop software for designing of steel reinforced elastomeric isolator (SREI) according to American Association for State Highway and Transportation Officials Load and Resistance Factor Design (AASHTO LRFD) Specifications. SREI is used for almost all bridge types and special structures. SREI-structures interface defines support boundary conditions and may affect the seismic performance of bridges. Seismic performance of the bridge is also affected by geometrical and materials properties of SREI. The selection of SREI is complicated process includes satisfying all the design constraints arising from code provisions and maximizing performance at the lowest possible cost. In this paper, design stage of SREI is described up to AASHTO LRFD 2012. Up to AASHTO LRFD 2012 analysis and design program of SREI performed different geometrical and material properties are created with C# object-oriented language. SREI-CAD, name of the created software, allows an accurate design for economical estimation of a SREI in a short time. To determine types of SREI effects, two different types of bearings, rectangular and circular with similar materials and dimension properties are selected as an application. Designs of these SREIs are completed with SREI-CAD. It is seen that ensuring the stability of circular elastomer bearing at the service limit state is generally complicated than rectangular bearing.

The Rules of law for the Hardship in the UNIDROIT Principles of International Commercial Contracts (국제상사계약에 관한 UNIDROIT원칙에 있어서 이행곤란(Hardship)의 법리)

  • Hong, Sung Kyu;Kim, Yong Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.57
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    • pp.3-34
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    • 2013
  • In the international sales contract, long-term contracts often face hardship in fulfilling the original contract terms by relevant parties due to rapid change and uncertainty of political and economic circumstance. In this case, party who faces hardship of fulfillment terminates contract or demands adaptation to contract condition but if opponent doesn't accept this, it proceeds to commercial dispute needing legal interpretation. Generally it is wise to set forth governing law in contract between parties in the case of international contract, for legal stability. One of universal governing law which relevant parties select by agreement to solve economical hardship of fulfillment is PICC. PICC defines the hardship in detail for renegotiation on following hardship of fulfillment unexpected. In the case of failing renegotiation, Court(arbitral tribunal) conducts termination to contract or adaptation to contract condition through arbitration or mediation. In conclusion, when signing international long-term contract, it is desirous to handle dispute effectively by inserting provisions which can deal with economical hardship in contract or defining PICC as governing law in the case of hardship incurred. It is because it is realistic to handle dispute smoothly to the extent that both parties can be satisfied in the case of hardship incurred, though international contract should be fulfilled.

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Factors Affecting Satisfaction of Customers' Savings Deposit in the Context of COVID-19: Evidence from Vietnamese Commercial Banks

  • TRAN, Quoc Thinh;TRAN, Mai Uoc;LE, Xuan Thuy
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.10
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    • pp.369-376
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    • 2020
  • Credit capital from customers' savings deposit (CSD) of banks has an important meaning in the business activities of the banking industry. There are many factors that influence the CSD satisfaction with banks. Certain changes have been made when there are fluctuations due to COVID-19. The article is based on an analysis assessing the factors that influence the CSD satisfaction of Vietnamese commercial banks in the context of COVID-19. The authors use a sample of 1,639 CSD. The results show that there are three variables that positively affect CSD satisfaction, including legal provisions of the Central bank (Legal), policies and mechanisms of commercial banks (Policy), and products of commercial banks (Product). Accordingly, in order to contribute to strengthening this capital mobilization of savings deposit, the Central bank of Vietnam needs to play a pivotal role in the regulations of the banking system to ensure its stability; control well monetary policy, interest rates, and inflation to keep a stable position in the economy; and provide timely financial support packages to enhance the confidence of CSD. Moreover, Vietnamese commercial banks need flexible policies and mechanisms to stimulate CSD; strengthen support on deposit rates for CSD; and diversify products to easily adapt to each CSD's situation.

Modelling of Public Financial Security and Budget Policy Effects

  • Zaichko, Iryna;Vysotska, Maryna;Miakyshevska, Olena;Kosmidailo, Inna;Osadchuk, Nataliia
    • International Journal of Computer Science & Network Security
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    • v.21 no.9
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    • pp.239-246
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    • 2021
  • This article substantiates the scientific provisions for modelling the level of Ukraine's public financial security taking into account the impact of budget policy, in the process of which identified indicators of budget policy that significantly affect the public financial security and the factors of budget policy based on regression analysis do not interact closely with each other. A seven-factor regression equation is constructed, which is statistically significant, reliable, economically logical, and devoid of autocorrelation. The objective function of maximizing the level of public financial security is constructed and strategic guidelines of budget policy in the context of Ukraine's public financial security are developed, in particular: optimization of the structure of budget revenues through the expansion of the resource base; reduction of the budget deficit while ensuring faster growth rates of state and local budget revenues compared to their expenditures; optimization of debt serviced from the budget through raising funds from the sale of domestic government bonds, mainly on a long-term basis; minimization of budgetary risks and existing threats to the public financial security by ensuring long-term stability of budgets etc.

A Review Study on the researches of Osuyu-tang (『상한론(傷寒論) 오수유탕(吳茱萸湯)의 임상연구 분석)

  • Sung-hee Byeon;Hyun-bum Choi;Jong-gil Jung;Soong-in, Lee
    • 대한상한금궤의학회지
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    • v.14 no.1
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    • pp.51-68
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    • 2022
  • Objectives : Osuyu-tang of Shanghanlun have historically been proved for clinical validity and stability in the Korean Medicine. It is necessary to review the clinical fields of application, and to review the conformity with the old texts. Methods : As of October 20, 2022, clinical research papers on Osuyu-tang were searched in RISS, Naver, KISS, PUBMED, and Science Direct. The searched articles were classified by clinical subject, and the contents were reviewed by year. Results : As of Oct 20, 2022, the present study looked up thirteen papers. The 13 clinical research papers could be classified into 6 chronic headaches which includes migraine, 2 digestive diseases, 5 skin diseases and 1 restless leg syndrome by subject. Conclusion : As a result of analyzing 13 papers, clinical research achievements on the nervous system and digestive system diseases implied by the provisions in Shanghanlun were accumulating. However, case-level reports on skin diseases require more advanced research in the future.

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Laterally Unbraced Length for Preventing Inelastic Lateral-Torsional Buckling of High-Strength Steel Beams (고강도 강재보의 비탄성 횡-비틀림좌굴 제어를 위한 횡지지 거리)

  • Park, Chang Hee;Lee, Cheol Ho;Han, Kyu Hong;Kim, Jin Ho;Lee, Seung Eun;Ha, Tae Hyu;Kim, Jin Won
    • Journal of Korean Society of Steel Construction
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    • v.25 no.2
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    • pp.115-130
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    • 2013
  • In this study, lateral-torsional buckling (LTB) strength of high-strength H-beams built up from 800MPa tensile-strength steel was experimentally and analytically evaluated according to current lateral stability provisions (KBC 2009, AISC-LRFD 2010). The motivation was to evaluate whether or not current LTB provisions, which were originally developed for ordinary steel with different stress-strain characteristics, are still applicable to high-strength steel. Two sets of compact-section specimens with relatively low (Set A) or high (Set B) warping stiffness were prepared and tested under uniform moment loading. Laterally unbraced lengths of the test specimens were controlled such that inelastic LTB could be induced. All specimens exhibited LTB strength exceeding the minimum limit required by current provisions by a sufficient margin. Moreover, some specimen in Set A reached a rotation capacity required for plastic design, although its laterally unbraced length belonged to the inelastic LTB range. All the test results indicated that extrapolation of current provisions to high-strength steel is conservative. In order to further analyze the test results, the relationship between inelastic moment and laterally unbraced length was also derived in explicit form for both ordinary- and high-strength steel based on the effective tangent modulus of inelastic section. The analytical relationship derived again showed that extrapolation of current laterally unbraced length limit leads to a conservative design in the case of high-strength steel and that the laterally unbraced length to control the inelastic LTB behavior of high-strength steel beam should be specified by including its unique post-yield strain-hardening characteristics.

Directions for Personnel Management of Agricultural Extension Services in Korea (농촌지도사업과 지도인력관리의 방향)

  • Kim, Sung-Soo;Cho, Yeong-Cheol
    • Journal of Agricultural Extension & Community Development
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    • v.2 no.2
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    • pp.175-189
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    • 1995
  • Poitical demand for decentralization trends in Korea has led the government to plan to localize its agricultural extension system by changing the status of 6,696 extension personnel stationed at the provincial and county level from central government status to local government status as of January 1997. However, serious drawbacks of lowered morale of extension personnel and the financial burden of local governments has not yet been debated extensively for effective personnel management. Some of the findings that emerged from both the analytical and empirical research show the dangers of decentralization such as an increase in disparities, jeopardizing stability, and undermining efficiency. These problems should be considered along with the culture, tradition, and Koreans' attitude towards central and local government. The dangers of decentralization of agricultural extension services in Korea may cause serious problems in allocative efficiency because of a mismatch between available resources and promised expenditures, and in production efficiency because of unproven cost-effective provisions of local governments. It is accepted that the central government can invest more in technology, research, development, promotion and innovation in the agricultural sector. However, changing the status of extension personnel from central government to local government status may lead the best people to leave, lower morale, shake the sense of public service, break networks, and sacrifice investment in research, development and extension. In deciding the future directions for personnel management of agricultural extension services in Korea, maintaining or reinforcing the existing national status of extension personnel should be considered along with a reflection of the basic characteristics of agricultural extension services, linkages of research and extension, the financial burden of local government, specialization of extension personnel, unnecessary duplication of investment among local governments, possible national supports to agricultural research and development, and extension under the WTO systems.

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