• Title/Summary/Keyword: termination procedure

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Legality of the Welfare Benefits Termination and Modification Procedure under the National Basic Living Security Act: Applying the Due Process of Law Principle (국민기초생활보장법상의 급여변경 및 중지절차의 적정성에 대한 법적 고찰 : 적법절차원칙의 적용)

  • Kim, Jihye
    • Korean Journal of Social Welfare Studies
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    • v.42 no.4
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    • pp.239-262
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    • 2011
  • The Korean government's recent large-scale termination and modification of welfare benefits revealed a procedural problem under the National Basic Living Security Act. Under the Act, welfare recipients have a legal right to make complaints only after the termination or modification is enforced; the Act fails to provide the recipients with an opportunity for a hearing before termination or modification, and this creates serious threats to the recipients, whose livelihoods are dependent on welfare benefits. Korean jurisprudence has adopted the due process of law principle. The principle originated from the due process in US jurisprudence, and Korea has applied it broadly to any government actions that restrict individuals' constitutional or legal rights. This paper reviews the termination or modification procedure under the Act with the lens of the due process principle and criticizes that the current law is not in compliance with the principle. In supporting that such termination and modification procedure infringes on welfare recipients' protected rights, this paper discusses two theories as to what rights are protected. First, termination or modification of welfare benefits can be considered as deprivation of property. The 'property' theory may be weak under Korean jurisprudence, because the concept of property under the Korean Constitution is narrowly construed. Second, this paper relies on the constitutional provision that recognizes "the right to a life worthy of human beings," which requires the State to guarantee minimum standard of living for all. As welfare recipients are deemed to receive benefits as a right under the Constitution, any deviation from the minimum requirement would constitute a violation of constitutional rights. In any case, termination or modification of welfare benefits that are concretized under the Act should be protected under the due process principle, because the principle would cover any government actions that restrict established legal rights. This paper argues that the procedural due process requires the recipients be guaranteed an opportunity to have a hearing before the termination or modification is enforced. An independent decision-maker should hear the proceedings, and the recipients should have an option to orally present their opinions in front of the decision-maker. The hearing process under the Administrative Procedures Act of Korea offers elements that would satisfy these procedural requirements. Thus, this paper concludes that the National Basic Living Security Act should be amended to adopt the hearing process under the Administrative Procedures Act in its termination and modification procedure.

A Proposition on Reasonable Termination Procedure in Remaining-oil Recovery Work from a Sunken Tanker in Korean Territory (국내 침몰유조선 잔존유 회수작업의 합리적 종료절차 제안)

  • Kang, Kwang-Gu;Shim, Yoo-Taek;Kang, Sin-Young
    • Journal of Navigation and Port Research
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    • v.38 no.4
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    • pp.379-384
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    • 2014
  • In case of sunken tankers, remaining-oil recovery operation should be conducted due to possible oil spill accident. However, the deep sea operation make difficulties in checking the completion of remaining oil recovery process, therefore the work termination procedure is very important. In this paper, a reasonable work termination procedure through the comparison and analysis of two cases(Youil No.1 and Osung No.3, Kyung-Shin) which were performed in different method, using disparate equipment. By investigating previously applied methods and techniques, work speed, safety and expenses were compared. The proposed ending procedure of the remaining-oil recovery project is to recover the remaining oil from each cargo tanks and to clean up such tanks whilst an independent surveyor proceeds to a confirmation procedure whereby said surveyor checks out whether any remaining oil exists by putting a stick in each cleaned up tanks and opening up the hatch cover of the tanks or the top place of the tanks to confirm the cleanness of oil. Such procedure shall be done through discussion by the ordering party, contractor and the independent surveyor all together with a flexible application.

Optimal Life Testing Procedure for a System with Exponentially Distributed Failure Times

  • Yun, Sang-Un
    • Journal of the Korean Statistical Society
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    • v.11 no.2
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    • pp.77-87
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    • 1982
  • The choice if constants that define a life testing procedure is considered in terms of the test termination time (censoring time) and the number of items to be tested subject to a given range of variance of the expected life time, where the failure time of life testing is exponentially distributed.

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Handover Scheme Considering for Signaling Time in Mobile Networks (무선 네트워크 망에서 시그널링 시간을 고려한 핸드오버 기법)

  • 김도연;한정안;김병기;박상준;김관중
    • Journal of the Korea Society for Simulation
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    • v.11 no.1
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    • pp.45-58
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    • 2002
  • In the wireless communication systems of the next generation, the hard handover may frequent]y occur between the existing 2G(2nd generation) and the 3(1(3rd generation). When it occurs between the 2G and the 3G, the call setup procedure will be added to MT(Mobile Terminal), the relay bases in 2G and 3G, and the switches. It causes total time to handle the hangover to increase. Therefore, the forced termination probability may be increased since relative time decreases. In this paper, we propose a method to decrease the forced termination. The method execute the handover procedure with speed and direction of the MT preestimated in the inner cell when MT enters the boundary cell.

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Multi-Termination Technique for the Measurement of Characteristic Impedance and Propagation Constant of Sound Absorbing Materials Using an Impedance Tube

  • Lee, Jong-Hwa;Ih, Jeong-Guon
    • The Journal of the Acoustical Society of Korea
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    • v.25 no.2E
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    • pp.79-84
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    • 2006
  • Acoustic characteristics of a sound absorbing material can be identified, if the characteristic impedance and propagation constants are known, which have generally been determined experimentally. One easy method determining these two essential parameters is to measure the one dimensional wave characteristics in the impedance tube. In th udy, the effects of backing conditions on the impedance tube measurement have been examined using several pairs of generally used end conditions. The results showed that the measured values are similar for most pairs of end conditions: however, it was observed that the measured characteristic impedance for different thickness did not agree well for some pairs. In this work, the multi termination method, using three or more known backing con ns, was suggested to reduce such random errors, which are mostly caused by the test procedure. Employing three terminations as a set, comprised of a rigid end, an end with porous material, and an end with a backing cavity, it was demonstrated that improved measured results could be obtained for an open cell PU foam varying widely with three different thicknesses.

Abuse Liability Assessment of l-Deprenyl by Testing Methamphetamine-like Discriminative Effects (메탐페타민 유사 분별능 시험을 통한 l-디프레닐의 약물남용가능성 평가)

  • Lee, Sun-Hee;Kim, Pu-Young
    • YAKHAK HOEJI
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    • v.42 no.1
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    • pp.101-107
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    • 1998
  • The antiparkinsonian agent l-deprenyl, a selective monoamine oxidase (MAO)-B inhibitor, is metabolized in part to l-methamphetamine and l-amphetamine. l< /I>-Deprenyl was evaluated for amphetamine and methamphetamine-like discriminative stimulus effects in rats and its mechanism of action was investigated. Rats were trained under a 5-response, fixed ratio schedule of stimulus-shock termination or a 10-response. Fixed-ratio schedule of food-presentation which discriminate between d-amphetamine (1mg/kg, i.p.) and saline or d-methamphetamine (1mg/kg, i.p.) and saline in a two-lever, operant conditioning procedure. Full generalization was obtained to d-amphetamine (1~3mg/kg). d-methamphetamine (1~3mg/kg) and l-deprenyl (17~30mg/kg) under both the food presentation and stimulus shock termination schedule. l-Deprenyl has dose-dependent amphetamine-and methamphetamine-like discriminative stimulus properties in rats only at doses of 17 and 30mg/kg. Reversible MAO-B inhibitor, RO 16-6491 didn`t show any amphetamine-like discriminative properties. Aromatic amino acid decarboxylase inhibitor, NSD 1015 decreased % responding of l-deprenyl in the methamphetamine-trained rats under the stimulus-shock termination schedule. SKF-525A produced partial inhibition of methamphetamine-like discriminative effects of l-deprenyl under the food presentation schedule. These results suggest that l-deprenyl has no abuse liability at the therapeutic range but there needs some caution at high doses and furthermore, drug discrimination studies under the food presentation and shock termination schedule are useful for the assessment of abuse liability of psychostimulants.

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Finite element analysis for dynamic behavior of a machine tool structure fed in open loop control (개루프제어로 이송되는 공작기계 구조물의 동적 거동을 위한 유한 요소 해석)

  • Choi, Jin-Woo;Lee, Tae-Hong
    • Journal of the Korean Society of Manufacturing Technology Engineers
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    • v.19 no.5
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    • pp.596-602
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    • 2010
  • In this study, a fmite element model was developed for analysis of feeding a structure in open loop control The finite element analysis (FEA) can simulate dynamic behavior of the structure of a machine tool rapidly traveling with a screw feeding driving system. The feeding mechanism was implemented with screw element of the FEA tool used in this study. The procedure was developed for the dynamic transient FEA. First, motion parameters such as jerk and velocity were introduced for the structure to be fed in open loop control When its traveling distance was determined, set-points for the distance were generated based on the motion parameters. The set-points were applied to the FE model constructed for the traveling structure. The FEA was executed and evaluated. In this study, the FEA procedure was applied to the column of a machine tool and the dynamic behavior of the column was evaluated. The FEA helps in evaluation of the motion characteristics of a structure. The convergence time of the structure vibration posterior to feeding termination can be estimated and the stiffness of the flexible structure is also evaluated against jerk, and acceleration. It provides the feeding force which is helpful in selection of the feeding motor.

Arterio-Venous Line Connection for Effective Intracardiac Deairing after Open Heart Surgery (개심술 후 저류공기의 효과적인 제거를 위한 동정맥도관의 설치)

  • 정성운;김종원;박준호
    • Journal of Chest Surgery
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    • v.36 no.11
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    • pp.834-838
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    • 2003
  • Background: Deairing from the heart after open heart surgery(cardiopulmonary bypass) is a very important procedure. Artificial arteriovenous fistula was used to remove air, and the efficiency was evaluated by transesophageal echocardiography. Material and Method: Just before termination of cardiopulmonary bypass, a standard pressure transducer line is connected between the stopcocks of the connections in the arterial and venous circuits, creating a small controlled arteriovenous fistula between the arterial and venous cannulas. The degree of intracardiac air and air removal time were evaluated either by transesophageal echocardiography or direct vision of pressure transducer line. Result: By simple procedure, cardiopulmonary time was shortened and air clearing can be confirmed using echocardiography in a few minutes. Conclusion: Creation of arteriovenous fistula using small connecting line between aortic and venous cannula is a very simple and effective method of deairing and preventing of air embolism after open heart surgery.

Trends in Major Countries Related to PSTN Shutdown and Domestic Status (PSTN 종료 관련 해외 주요국 동향과 국내 현황)

  • Jeong, S.K.;Lee, K.H.;Lee, H.J.
    • Electronics and Telecommunications Trends
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    • v.35 no.6
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    • pp.68-77
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    • 2020
  • Along the advancement of mobile networks, fixed telephone networks are gradually advancing from legacy networks based on copper and circuit-switches to optical cables and packet-switched IP networks. Incumbent fixed-line telephone operators are facilitating the introduction of IP networks and are gradually converting to IP-based facilities according to the investment plans for each operator. As the PSTN's IP conversion exceeds a certain level and VoIP; (an alternative service); is activated, some countries; such as Europe; are considering terminating the PSTN service, centering on operators. In this paper, trends in the procedure, timing, and major issues related to the termination of an overseas PSTN are examined. The domestic status is also examined.

An Acute Postoperative Intractable Hyperventilation after an Endoscopic Third Ventriculostomy

  • Lee, Hae-Mi;Shin, Kyung-Bae;Kim, Seong-Ho;Jee, Dae-Lim
    • Journal of Korean Neurosurgical Society
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    • v.51 no.3
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    • pp.173-176
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    • 2012
  • This report describes a rare case of postoperative hyperventilation attack after an endoscopic third ventriculostomy in a 46-year-old woman. About 60 min after the termination of the operation, an intractable hyperventilation started with respiratory rate of 65 breaths/min and $EtCO_2$, 16.3 mm Hg. Sedation with benzodiazepine, thiopental sodium, fentanyl, and propofol/remifentanil infusion was tried under a rebreathing mask at a 4 L/min of oxygen. With aggressive sedative challenges, ventilation pattern was gradually returned to normal during the 22 hrs of time after the surgery. A central neurogenic hyperventilation was suspected due to the stimulating central respiratory center by cold acidic irrigation solution during the neuroendoscopic procedure.