• Title/Summary/Keyword: determining the principle

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A Study on the Standard Land Price and Just Compensation (공공수용 적정보상지가에 관한 분석)

  • LEE, Hojun;KIM, Hyungtai;JEONG, Dongho
    • KDI Journal of Economic Policy
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    • v.34 no.3
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    • pp.1-29
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    • 2012
  • Based on the spatial and land price data of innovation cities and their periphery areas in Korea, this study examines the degree and timing of changes in land price in relation to projects concerning innovation city. The study result confirms that the current system is inconsistent with the principle of restitution of development gain and therefore, this study attempts to seek improvement measures so that the current system can better fit the principle. The analysis reveals that most innovation cities, excluding Sinseo-dong of Daegu and Ujeong-dong of Ulsan, recorded a statistically significant increase in land prices since 2005, compared to those of their neighboring areas. It can be said that the information related to projects concerning innovation city was reflected in the land price since 2005. However, the standard land price pursuant to Article 70 of the Land Compensation Act is the officially assessed land price released on 1st of January 2007, and this official land price was actually applied to the compensation process. Therefore, estimating the compensation amount for land expropriation based on this land price will contradict the principle of restitution of development gain. In other words, despite the fact that development-related information was already reflected in land prices of innovation cities from 2005 to the end of 2006, the compensation process were carried out without institutional arrangements or efforts to exclude such reflection. To solve this problem, this study makes two suggestions. First, it is necessary to cast aside the limitations of the official land price that can be retroactively applied in accordance with Paragraph 5 of Article 70 of the Land Compensation Act, and instead apply the land price which is the most latest but deemed to have no reflection of development gains. Based on this revised standard land price, if the compensation amount is corrected by the average inflation rate and the average rate of increase in land price during the period until the time of the recognized land price, the amount would better satisfy the principle of restitution of development gain. Second, it is necessary to clearly stipulate the standards of development gains being reflected on the land price by including it in the secondary legislation. Under the current system, it is highly likely that appraiser's arbitrary interpretation on development gains is included in the process of calculating the amount of compensation for land expropriation. In this regard, it is necessary to improve the standards on determining whether development gains are reflected based on the results of this academic research and the existing guidelines for appraisal of compensation for land expropriation published by the Korea Association of Property Appraisers.

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Sports Celebrities as a Determinant of Sport Media Distribution Contents: Focusing on Tacit Premise of Agenda Setting Theory (스포츠미디어의 유통 콘텐츠 결정요인으로서 스포츠 스타: 의제설정 이론의 암묵적 전제를 중심으로)

  • YOO, Sang-Keon;KIM, Yong-Eun;SEO, Won-Jae
    • Journal of Distribution Science
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    • v.17 no.10
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    • pp.83-91
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    • 2019
  • Purpose - Media is a significant distributional channel in sport. In terms of determining the influencer in building sport media contents, recent sport media studies have employed agenda-setting theory, assuming media itself as the agenda provider. In a real-world situation, however, sports stars have been deemed key factor determining distribution contents in sport. The starting point of this study is the "tacit premise" of agenda-setting theory. Given the agenda-setting theory, the current study attempted to explore the function of sport stars as an agenda provider, which is a key determinant of sport distribution. Research design, data, and methodology - This study has reviewed articles of Yuna Kim, Sang-hwa Lee, and Hyun-jin Ryu from daily newspapers including as dong-a ilbo and joongang ilbo (2013 to 2017). The study collected data, portable document format (PDF), from the online archive of dong-a ilbo and joongang ilbo. We coded the length of the article, the frequency, the size of the picture, and the structural form of the article. Inter-coder reliability was compared with data previously investigated by the researcher. Inter-coder reliabilities for study 1 and 2 was .89 and .85. To examine hypotheses, descriptive analysis, correlations, and cross-tap analysis were performed. Results - The results partially supported the hypotheses proposing the significant role of sports stars as the agenda setters in distributing sport media contents. In specific, the study found that the number of articles about sports stars prevailed the number of articles about regular athletes. Besides, studies found that the use of photos was more frequent in articles of sports starts than that of regular athletes. In sports newspaper articles, featured story articles were used more than straight-articles for news relating to sports stars. Also, sports newspaper of sports stars contained more information associated within an event rather than outside of an event. Conclusions - In sports journalism, this study challenges the current theory that the media affects the composition and the content of sports coverages. As the principle of the agenda-setting of sports media, the influence of sports stars must be continuously studied along with a follow-up study.

PULSE OXIMETER AS A DIAGNOSTIC TEST OF PULP VITALITY (Pulse Oximeter를 이용한 치수생활력측정)

  • Koo, Bon-Kyung;Lee, Jae-Ho;Lee, Jong-Gap
    • Journal of the korean academy of Pediatric Dentistry
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    • v.27 no.1
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    • pp.103-107
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    • 2000
  • Traditionally, EPT and thermal tests were used as diagnostic methods for pulp vitality test. The thermal and electrical stimulation tests are the methods to determine the vitality of a tooth based on its neuronal response. These have certain limitations, one of them is the difficulty of approaching the correct result in case of treatment of children. The reason is management problem caused by the unpleasant stimulation. Also, the response from patients are not objective, and false positive or false negative could be happened. Recently, laser doppler flowmetry and pulse oximeter which evaluate vascular integrity are introduced in an effort of overcoming to limitation of traditional methods. The principle of pulse oximeter is to and out level of oxygen saturation by ratio of the two pulses between emitted light and detected light penetrating them to the termination of body, such as ears or fingers. From this point of view, it can be applied to a tooth to determine its vitality. The objective of this study lies mainly on varifying pulse oximeter as a method of determining tooth vitality and providing basic data of its clinical implementation. The result of the research showed that level of oxygen saturation in vital teeth was average of 96.3% and 0.0% in pulpless teeth. As a comprehensive result, pulse oximeter could be an useful diagnostic equipment in determining of tooth vitality.

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A Study on International Disputes with Korean Distant-Water Sea Fisheries (한국의 원양어업관련 국제분쟁 사례연구)

  • 김민종
    • The Journal of Fisheries Business Administration
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    • v.34 no.1
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    • pp.69-85
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    • 2003
  • The primary objective of this thesis is to study, case by case, the international disputes for fishing rights between fishing nations and costal states never imagined till the introduction of the UN Convention on the Law of the Sea adopted in 1982 and came into effect in November 16, 1994, which governs the high seas and EEZ in a new manner. Such a study is to provide help in the understanding on this new marine system and how to deal with. This is addressed by the perspectives of disputes (a) in the high seas between fishing nations having traditionally enjoyed the principle of the freedom of the high seas and costal states, (b) in the EEZ between fishing nations and costal states possessing the exclusive jurisdiction over living marine resources and sovereign rights for determining allowable catch and the surplus in its EEZ. The article can be divided into four main parts. First, both the general principles of the settlement of international disputes, and the nature and procedures described in the UNCLOS are introduced. Second, it gives cases of tuna long-liner, North Pacific trawler and squid jigger occurred in the coastal states EEZ, and analyses the problem in both terms of its background and final judgment. It further describes the possible issues in case it depends on the International Tribunal for the Law of the Sea for its settlement. Third, closely tied to above, important points such as the right of hot pursuit, prompt release of vessel and crew, and the limits of cooperation with costal states inspector on board fishing vessels are considered mostly based on the UNCLOS, Bilateral Agreement and UNIA. Finally, the article concludes as follows ; The need for broad analyses on the nature of international suits and legal system for the settlement, to win the case before the International Tribunal for the Law of the Sea or coastal states court, is really acknowledged. However, considering the lack of previous studies about it, it is preferably recommended that governmental efforts for making legal standards to cover the judicial costs, for helping industry out of becoming bankrupt.

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Sensitivity Analyses for Maximum Heat Removal from Debris in the Lower Head

  • Kim, Yong-Hoon;Kune Y. Suh
    • Nuclear Engineering and Technology
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    • v.32 no.4
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    • pp.395-409
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    • 2000
  • Parametric studies were performed to assess the sensitivity in determining the maximum in-vessel heat removal capability from the core material relocated into the lower plenum of the reactor pressure vessel (RPV)during a core melt accident. A fraction of the sensible heat can be removed during the molten jet delivery from the core to the lower plenum, while the remaining sensible heat and the decay heat can be transported by rather complex mechanisms of the counter-current flow limitation (CCFL) and the critical heat flux (CHF)through the irregular, hemispherical gap that may be formed between the freezing oxidic debris and the overheated metallic RPV wall. It is shown that under the pressurized condition of 10MPa with the sensible heat loss being 50% for the reactors considered in this study, i.e. TMI-2, KORI-2 like, YGN-3&4 like and KNGR like reactors, the heat removal through the gap cooling mechanism was capable of ensuring the RPV integrity as much as 30% to 40% of the total core mass was relocated to the lower plenum. The sensitivity analysis indicated that the cooling rate of debris coupled with the sensible heat loss was a significant factor The newly proposed heat removal capability map (HRCM) clearly displays the critical factors in estimating the maximum heat removal from the debris in the lower plenum. This map can be used as a first-principle engineering tool to assess the RPV thermal integrity during a core melt accident. The predictive model also provided ith a reasonable explanation for the non-failure of the test vessel in the LAVA experiments performed at the Korea Atomic Energy Research Institute (KAERI), which apparently indicated a cooling effect of water ingression through the debris-to-vessel gap and the intra-debris pores and crevices.

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Free vibration analysis of a piezoelectric nanobeam using nonlocal elasticity theory

  • Kaghazian, Abbas;Hajnayeb, Ali;Foruzande, Hamidreza
    • Structural Engineering and Mechanics
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    • v.61 no.5
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    • pp.617-624
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    • 2017
  • Piezoelectric nanobeams are used in several nano electromechanical systems. The first step in designing these systems is conducting a vibration analysis. In this research, the free vibration of a piezoelectric nanobeam is analyzed by using the nonlocal elasticity theory. The nanobeam is modeled based on Euler-Bernoulli beam theory. Hamilton's principle is used to derive the equations of motion and also the boundary conditions of the system. The obtained equations of motion are solved by using both Galerkin and the Differential Quadrature (DQ) methods. The clamped-clamped and cantilever boundary conditions are analyzed and the effects of the applied voltage and nonlocal parameter on the natural frequencies and mode shapes are studied. The results show the success of Galerkin method in determining the natural frequencies. The results also show the influence of the nonlocal parameter on the natural frequencies. Increasing a positive voltage decreases the natural frequencies, while increasing a negative voltage increases them. It is also concluded that for the clamped parts of the beam and also other parts that encounter higher values of stress during free vibrations of the beam, anti-nodes in voltage mode shapes are observed. On the contrary, in the parts of the beam that the values of the induced stress are low, the values of the amplitude of the voltage mode shape are not significant. The obtained results and especially the mode shapes can be used in future studies on the forced vibrations of piezoelectric nanobeams based on Galerkin method.

New Trends in Private International Law and Our Response (국제상거래(國際商去來)의 사법통일(私法統一)노력과 우리의 대응(對應))

  • Park, Whon-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.65-84
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    • 1999
  • During the past few decades, we have witnessed three approaches to overcome the legal disparities between trading countries: - determining the individual governing law in accordance with the conflict of laws principle; - unifying and harmonizing private international law into uniform rules and substantive laws under the auspices of ICC, UNCITRAL, UNIDROIT and various NGOs ; and - drafting model laws like the UNCITRAL Model Law on Electronic Commerce and promoting member countries to enact them. Against this backdrop, the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the process by which it was adopted, established the benchmark for the unification of commercial law. The CISG, completed in 1980, merged civil and common law concepts and came into force in 1988 after a certain number of countries endorsed the treaty. Besides the CISG, the U.N. Limitations Convention and the UNIDROIT Principles of International Commercial Law, to name a few, have attempted to set cross-border legal norms and standards in the international business transactions. However, since the advent of computer-based commerce, there have emerged all-out efforts to establish uniform rules before national legal systems have been developed. As a consequence, the Model Law on Electronic Commerce has become a specimen legislation covering functional equivalents of paper-based writing and signature. For the credit enhancement exemplified by the Uniform Rules for Demand Guarantees (ICC Publication No.458), the UNCITRAL prepared the U.N. Convention on Independent Guarantees and Stand-by Letters of Credit, which was adopted by the U.N. General Assembly in 1995 but remains still not effective as only two countries have ratified this treaty so far. In this connection, two draft conventions underway at UNIDROIT and UNCITRAL deserve our attention as the probability of unification in the Korean Peninsula is mounting. They are to create security interests for commercial finance in moveable equipment and accounts receivable. The UCC-type security rights are regarded to be useful to enable the North Koreans with limited properties to borrow from the banks.

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Auto-parametric resonance of framed structures under periodic excitations

  • Li, Yuchun;Gou, Hongliang;Zhang, Long;Chang, Chenyu
    • Structural Engineering and Mechanics
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    • v.61 no.4
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    • pp.497-510
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    • 2017
  • A framed structure may be composed of two sub-structures, which are linked by a hinged joint. One sub-structure is the primary system and the other is the secondary system. The primary system, which is subjected to the periodic external load, can give rise to an auto-parametric resonance of the second system. Considering the geometric-stiffness effect produced by the axially internal force, the element equation of motion is derived by the extended Hamilton's principle. The element equations are then assembled into the global non-homogeneous Mathieu-Hill equations. The Newmark's method is introduced to solve the time-history responses of the non-homogeneous Mathieu-Hill equations. The energy-growth exponent/coefficient (EGE/EGC) and a finite-time Lyapunov exponent (FLE) are proposed for determining the auto-parametric instability boundaries of the structural system. The auto-parametric instabilities are numerically analyzed for the two frames. The influence of relative stiffness between the primary and secondary systems on the auto-parametric instability boundaries is investigated. A phenomenon of the "auto-parametric internal resonance" (the auto-parametric resonance of the second system induced by a normal resonance of the primary system) is predicted through the two numerical examples. The risk of auto-parametric internal resonance is emphasized. An auto-parametric resonance experiment of a ${\Gamma}$-shaped frame is conducted for verifying the theoretical predictions and present calculation method.

A Study on the ICSID Arbitration Cases for Fair and Equitable Treatment under International Investment Disputes - Focusing on the Protection of the Investor's Legitimate Expectations - (국제투자분쟁에서 공정·공평 대우에 관한 ICSID 중재사례 연구 - 외국인투자자의 정당한 기대 보호를 중심으로 -)

  • HWANG, Ji-Hyeon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.71
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    • pp.195-216
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    • 2016
  • In determining the content of the FET standard, the tribunals stated protection of investor's legitimate expectations, due process and denial of justice, transparency, discrimination and arbitrariness, good faith, etc. The most major elements of the FET standard is the protection of the investor's legitimate and reasonable expectations. It is necessary to consider whether it is possible to what the expectations of investors are protected as legitimate and it is formed under any circumstances. If host state frustrate investor's legitimate expectations, it found a breach of the FET. The host state's specific assurance may reinforce investor's expectations, but such explicit statement is not always necessary. The host state must preserve a stable environment for investments. However, It must not be understood as the inalterability of the host state's legal framework. It implies that the host state's subsequent changes should be made consistently and predictably. The host state is entitled to exercise a reasonable regulatory authority to respond to changing circumstances in the public purpose. Therefore, whether the violation FET shall be determined through a balanced against the investor's legitimate expectations and the host state's reasonable regulatory exercise in the public interest. And investor should keep in mind that the principle of proportionality is applied unless host state provides stabilization clause or similar commitments to investor. Also host state should establish the basis of an argument about reasonable regulatory authority for public interest.

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Incremental filling ratio of pipe pile groups in sandy soil

  • Fattah, Mohammed Y.;Salim, Nahla M.;Al-Gharrawi, Asaad M.B.
    • Geomechanics and Engineering
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    • v.15 no.1
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    • pp.695-710
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    • 2018
  • Formation of a soil plug in an open-ended pile is a very important factor in determining the pile behavior both during driving and during static loading. The degree of soil plugging can be represented by the incremental filling ratio (IFR) which is defined as the change in the plug length to the change of the pile embedment length. The experimental tests carried out in this research contain 138 tests that are divided as follows: 36 tests for single pile, 36 tests for pile group ($2{\times}1$), 36 tests for pile group ($2{\times}2$) and 30 pile group ($2{\times}3$). All tubular piles were tested using the poorly graded sand from the city of Karbala in Iraq. The sand was prepared at three different densities using a raining technique. Different parameters are considered such as method of installation, relative density, removal of soil plug with respect to length of plug and pile length to diameter ratio. The soil plug is removed using a new device which is manufactured to remove the soil column inside open pipe piles group installed using driving and pressing device. The principle of soil plug removal depends on suction of sand inside the pile. It was concluded that the incremental filling ratio (IFR) is changed with the changing of soil state and method of installation. For driven pipe pile group, the average IFR for piles in loose is 18% and 19.5% for L/D=12 and 15, respectively, while the average of IFR for driven piles in dense sand is 30% and 20% for L/D=12 and L/D=15 respectively. For pressed method of pile installation, the average IFR for group is zero for loose and medium sand and about 5% for dense sand. The group capacity increases with the increase of IFR. For driven pile with length of 450 mm, the average IFR % is about 30.3% in dense sand, 14% in medium and 18.3% for loose sand while when the length of pile is 300 mm, the percentage equals to 20%, 17% and 19.5%, respectively.