• Journal of the Korea Academia-Industrial cooperation Society
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• v.17 no.5
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• pp.557-565
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• 2016

The risk of collapse in hydraulic structures has become more elevated, due to the increased probability and scale of flooding caused by global warming and the resulting abnormal climatic conditions. When a levee, a typical hydraulic structure, breaks, an enormous breach flow pours into the floodplain and much flood damage then occurs. It is important to accurately calculate the breach discharge in order to predict this damage. In this study, the variation of the breach discharge with the asymmetry in the cross-section of the levee breach was analyzed. Through hydraulic experiments, the cross-section of the breach was analyzed during the collapse using the BASD (Bilateral ASymmetry Degree), which was developed to measure the degree of asymmetry. The relationship of the breach discharge was identified using the BASD. Additionally, the variation of the breach flow measured by the BASD was investigated through a 3-D numerical analysis under the same flow conditions as those in the experiment. It was found that the assumption of a rectangular breach cross-section, which is generally used for the estimation of the inundation area, can cause the breach discharge to be overestimated. According to the BASD, the breach flow is decreased by the interference effect in the breach section of the levee. If the breach flow is calculated while considering the BASD in the numerical analysis of the flooding, it is expected that the predicted inundation area can be estimated accurately.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.15
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• pp.7-31
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• 2001

All legal systems set out the principle of full compensation of damages, which aims to fulfil the plaintiff's expectations by putting him into as good a position as he would have been in if the contract had been performed. On the other hand, they place some limitations on the full recoverability of damages for breach of contract. In Civil Law systems, 'fault' is a necessary requirement for liability for damages, and the extent of recoverable damages is directly related to the degree of the dependent's fault. This principle, however, is not adopted by Common Law systems, in which the dependent would be liable in damages for breach of contract even though the breach was not due to his fault. The CISG is in a similar position to the latter systems. In Common Law systems as well as CISG, the extent of liability of the party in breach for damages depends on whether he foresaw or could have foreseen the damages at the time of contracting. Unlike the position in Civil Law systems, foreseeability seems to be the most effective principle to decide the extent. The tests for remoteness centre on reasonable foreseeability or contemplation of the loss. The party in breach is liable even for loss indirectly caused to the other party provided that this loss was foreseeable or contemplated by the party in breach. However, this manner to decide remoteness may lead to unreasonable results in some cases. If the party in breach were the inveterate pessimist who foresaw all sorts of possible damages, he could foresee damages too remote from the breach of duty. If this fact were revealed in the course of trial, he should be liable for such indirect damages. This is really undesirable result. Therefore, as to the remoteness test, the criterion of whether the loss is foreseen or contemplated must not be adopted. Foreseeability by reasonable person must be the only available criterion.

• Journal of the Korean Home Economics Association
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• v.31 no.4
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• pp.115-132
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• 1993

This study was designed with the purpose to analyze the factor structure of family life events and to clear the influence of related variables on family life events. The frequence of experienced events and the degree of importance of events which were the constituent components of family life events was estimated by the 650 married woman in Kangju. The results were as follows: 1. 15 factors of family life events derived by factor analysis: F.1「Expenditure and economic loss」, F.2「Growth and change of children」, F.3「Change of family structure」, F.4「Family's change」, F.5「Change of life level」, F.6「Family's social problem」, F.7「Need of care」, F.8「Family's health」, F.9「Marital relationship」, F.10「Family's social damage」, F.11「Breach with acquaintance」, F.12「Financial difficulties」F.13「Husband's problem」, F.14「Housewives' social activity」, F.15「Kinship's support」. 2. There frequence of experienced family life events such as expenditure and economic loss and breach with acquaintance was highest. 3. The degree of importance about experienced family life events such as growth and change of children was highest. 4. Age, family life cycle have significantly differenced on the degree of importance and the frequence of experienced events. 5. Education's level, family size, income, housewives' employment and family structure have differently differenced on the degree of importance and the frequence of experienced events according event factor.

• The Journal of Engineering Geology
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• v.24 no.1
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• pp.53-67
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• 2014

Numerical modeling is commonly used to reproduce the physical phenomena of dam-break and to compile resulting flood hazard maps. The accuracy of a dam-break model depends on the physical structure that describes the volume of storage, breach formation and progress, input variables, and model parameters. Model input and parameters are subjective in that they are prescribed; hence, caution is needed when interpreting the results. This study focuses on three parameters (breach degree ${\theta}$, shape factor P, and collapse rate k) used when the dam-break model is coupled with FLO-2D (a two-dimensional flood simulation model) to estimate flood coverage and depth etc. The results show that the simulation is sensitive to the shape factor P and the collapse rate k but not to the breach degree ${\theta}$. This study will contribute to reducing flood damage from dam-break disasters in the future.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.36
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• pp.87-109
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• 2007

This Comment explores the ICSID case of CMS Gas Transmission Company v. Argentine Republic, awarded on May 12, 2005. The Part II of this Comment first describes the relevant facts of the case including the some background for readers' understanding and the Part III summaries the claimant's requests and the decisions rendered by the Arbitral Tribunal in the Award. At Part IV, the Comment addresses the issue of determinating laws applicable to the merits of dispute in case that the parties of the case have not chosen a governing law, and at Part V, takes a close look into three main issues of (i) the indirect expropriation of the investment, (ii) the breach of fair and equitable treatment and (iii) the protections under umbrella clauses. In this CMS case, we see first that while the Tribunal affirmed that any indirect expropriation can occur from incidental interference depriving the foreign investor of the use or reasonable-to-be-expected economic benefit even if not necessarily to the obvious benefit of the host State, the Tribunal denied the occurrence of indirect expropriation in this case by holding that the Government of Argentina has not breached the standard of protection laid down in the Treaty. Secondly, however, regarding the issue of fair and equitable treatment, we see that the Tribunal, finding Argentina's breach of obligations, affirmed that the foreign investor can expect the host State to act in a consistent manner, free from ambiguity and totally transparently in its relations with the foreign investor, which can give the foreign investor certain degree of foreseeability. Thirdly and finally, we see that, on base of the effect of the umbrella clause, the Tribunal recognized the obligation of the host State undertaken not to freeze the tariff regime or subject it to price controls and not to alter the basic rules governing contracts between the foreign investor and the host State without the first's written consent. However, the protection under the umbrella clause is available only when there is a specific breach of rights and obligations under BIT or a violation of contract rights protected under BIT.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2010.05b
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• pp.91-93
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• 2010

Recently, the regulation about HEE(horizontally installed emergency exit) established at upper 4story in apartment houses was introduced by revising enforcement degree of Building Act. HEE is a facility for egress to lower story through floor breach and ladder system so that it gives a useful evaquation way directly to an individual household in apartment when they failed to evacuate through the entrance door. HEE may offer an opportunity to optain two way egress path ways instead of evacuation space at balcony and through path way to adjacent household in building and that might be an big strengh. but it needs to guarantee for against the crime, getting detailed reviews for being security and supplementation of fire test methods.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.493-518
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• 2011

The term rules of origin(RoO) actually speaks for itself, referring to the rules which determine the origin of goods in international trade. The importance of RoO has grown significantly as preferential agreements expand and countries have treated similar imported goods differently according to where the product was made. The purpose of this paper is to study the main case study and its implication of RoO in FTAs. According to survey, the degree of using FTAs in Korea export firms is sharply low. Major reasons are that rules of origin differ from country to country in the FTAs, and that Korean firms have yet to work out what the RoO are. Chapter II of this paper views criteria of the determination country of origin of goods. Chapter III introduces the main case study of FTA rules of origin. Chapter VI presents implication through the case studies and finally concluded this study. In conclusion, Korea needs to build up its own position for rules of origin and provides rules of origin experts into the market. In-depth study and evaluation about Korea's existing FTAs RoO should be carried out to prepare for future FTAs.

• The Journal of Information Systems
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• v.30 no.1
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• pp.123-149
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• 2021

Purpose The purpose of this study is to define the anti-ESG activities of companies recognized by media by reflecting ESG recently attracted attention. This study extracts keywords for ESG controversies through association rule mining. Design/methodology/approach A research framework is designed to extract keywords for ESG controversies as follows: 1) From DeepSearch DB, we collect 23,837 articles on anti-ESG activities exposed to 130 media from 2013 to 2018 of 294 listed companies with ESG ratings 2) We set keywords related to environment, social, and governance, and delete or merge them with other keywords based on the support, confidence, and lift derived from association rule mining. 3) We illustrate the importance of keywords and the relevance between keywords through density, degree centrality, and closeness centrality on network analysis. Findings We identify a total of 26 keywords for ESG controversies. 'Gapjil' records the highest frequency, followed by 'corruption', 'bribery', and 'collusion'. Out of the 26 keywords, 16 are related to governance, 8 to social, and 2 to environment. The keywords ranked high are mostly related to the responsibility of shareholders within corporate governance. ESG controversies associated with social issues are often related to unfair trade. As a result of confidence analysis, the keywords related to social and governance are clustered and the probability of mutual occurrence between keywords is high within each group. In particular, in the case of "owner's arrest", it is caused by "bribery" and "misappropriation" with an 80% confidence level. The result of network analysis shows that 'corruption' is located in the center, which is the most likely to occur alone, and is highly related to 'breach of duty', 'embezzlement', and 'bribery'.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.47-85
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• 1989

The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

• The Korean Society of Law and Medicine
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• v.7 no.2
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• pp.9-74
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• 2006

Due to the awareness of their rights for medical liability and the advancement of legal principles, it becomes also not hard to find those who seek damages against hospitals, doctors and nurses for the suicide committed under the protection of psychiatric institute in Korea these days. Judgements on these kinds of cases are not enough yet, so that it may be too early to try to find principles used in these cases, however it is hardly wrong to read following things from above cases. That is, to gain the case, plaintiffs should show (1) there exists an obligation of "due care"(there is a special relation between patients and hospitals), (2) the duty is violated on the basis of the applicable standard of care, (3) whatever injures or damages are sustained are proximately caused by the breach of duty and (4) the plaintiff suffers compensable damages. To specific, whether a psychiatric institute was liable for wrong death or not depends upon the patients conditions, circumstances and the extent of the danger the patients poses to himself or herself; in short, the foreseeability of self-inflicted harm(the doctor should have or could reasonably have foreseen the patient's suicide and the doctor's negligence actually caused the suicide). In this context if a patient exhibit strong suicidal tendencies, constant observation should be required. Negligence has been found not exist, however, when a patient abruptly and unexpectedly dashes from an attendant and jumps out a window or otherwise attempts to injure himself or herself. And the standard of conduct that is required to meet the obligation of "due care" is based on what the "reasonable practitioner" would do in like circumstances. The standard is not one of excellence or superior practice; it only re quires that the physician exercise that degree of skill and care that would be expected of the average qualified practitioner practicing under like circumstances. Most of these principles have been established at cases of the U.S.A and Japan. In this article you can also find the legal organizations of medical liability and medical contacts on the suicide of patients who have psychiatric diseases under Korean negligence law.