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Review of 'Nonperformance of Obligation' and 'Culpa in Contrahendo' by Fail to Transport - A Focus on Over-booking from Air Opreator - (여객운송 불이행에 관한 민법 상 채무불이행 책임과 계약체결상의 과실책임 법리에 관한 재검토 - 항공여객운송계약에 있어 항공권 초과판매에 관한 논의를 중심으로 -)

  • Kim, Sung-Mi
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.113-136
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    • 2020
  • Worldwide, so-called 'over-booking' of Air Carriers is established in practice. Although not invalid, despite their current contracts, passengers can be refused boarding, which can hinder travel planning. The Korean Supreme Court ruled that an airline carrier who refused to board a passenger due to over-booking was liable for compensation under the "Nonperformance of obligation". But what the court should be thinking about is when the benefit(transport) have been disabled. Thereforeit may be considered that the impossibility of benefit (Transport) due to the rejection of boarding caused by 'Over-booking' may be not the 'subsequent impossibility', but not the 'initialimpossibility '. The legal relationship due to initial impossibility is nullity (imposibilium nulla est obligation). When benefits are initial impossibile, our civil code recognizes liability for damages in accordance with the law of "Culpa in Contrahendo", not "nonperformance of obligation". On this reason, the conclusion that the consumer will be compensated for the loss of boarding due to overbooking by the Air Carrier is the same, but there is a need to review the legal basis for the responsibility from the other side. However, it doesn't matter whether it is non-performance or Culpa in Contrahendo. Rather, the recognition of this compensation is likely to cause confusion due to unstable contractual relationships between both parties. Even for practices permitted by Air Carriers, modifications to current customary overbooking that consumers must accept unconditionally are necessary. At the same time, if Air Carriers continue to be held liable for non-performance of obligations due to overselling tickets, it can be fatal to the airline business environment that requires overbooking for stable profit margins. Therefore, it would be an appropriate measure for both Air Carriers and passengers if the Air Carrier were to be given a clearer obligation to explain (to the consumer) and, at the same time, if the explanation obligation is fulfilled, the Air Carrier would no longer be forced to take responsibility for overbooking.

THE ELECTROMAGNETIC CHARACTERISTICS OF THE POLAR IONOSPHERE DURING A MODERATELY DISTURBED PERIOD (지자기교란시 극전리층의 전자기적인 특성)

  • 안병호
    • Journal of Astronomy and Space Sciences
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    • v.12 no.2
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    • pp.216-233
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    • 1995
  • The distributions of the ionospheric conductivities, electric potential, ionospheric currents, field-aligned currents, Joule heating rate, and particle energy input rate by auroral electrons along with the characteristics of auroral particle spectrum are examined during moderately disturbed period by using the computer code developed by Kamide et al. (1981) and the ionospheric conductivity model developed by Ahn et al. (1995). Since the ground magnetic disturbance data are obtained from a single meridian chain of magnetometers (Alaska meridian chain) for an extended period of time (March 9 - April 27, 1978), they are expected to present the average picture of the electrodynamics over the entire polar ionosphere. A number of global features noted in this study are as follows: (1) The electric potential distribution is characterized by the so-called two cell convection pattern with the positive potential cell in the morning sector extending into the evening sector. (2) The auroral electrojet system is well developed during this time period with the signatures of DP-1 and DP-2 current systems being clearly discernable. It is also noted that the electric field seems to play a more important role than the ionospheric conductivity the conductivity over the poleward half of the westward electrojet in the morning sector while the conductivity enhancement seems to be more important over its equatorward half. (3) The global field-aligned current distribution pattern is quite comparable with the statistical result obtained by Iijima and Potemra (1976). However, the current density of Region 1 is much higher than that of Region 2 current at pointed out by pervious studies (e.g.; Kamide 1988). (4) The Joule heating occurs over a couple of island-like areas, one along the poleward side of the westward electrojet region in the afternoon sector. (5) The maximum average energy of precipitating electrons is found to be in the morning sector (07∼08 MLT) while the maximum energy flux is registered in the postmidnight sector (02 MLT). Thus auroral brightening and enhancement of ionospheric conductivity during disturbed period seem to be more closely associated with enhancement of particle flux rather than hardening of particle energy.

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Coupled T-H-M Processes Calculations in KENTEX Facility Used for Validation Test of a HLW Disposal System (고준위 방사성 폐기물 처분 시스템 실증 실험용 KENTEX 장치에서의 열-수리-역학 연동현상 해석)

  • Park Jeong-Hwa;Lee Jae-Owan;Kwon Sang-Ki;Cho Won-Jin
    • Journal of Nuclear Fuel Cycle and Waste Technology(JNFCWT)
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    • v.4 no.2
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    • pp.117-131
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    • 2006
  • A coupled T-H-M(Thermo-Hydro-Mechanical) analysis was carried out for KENTEX (KAERI Engineering-scale T-H-M Experiment for Engineered Barrier System), which is a facility for validating the coupled T-H-M behavior in the engineered barrier system of the Korean reference HLW(high-level waste) disposal system. The changes of temperature, water saturation, and stress were estimated based on the coupled T-H-M analysis, and the influence of the types of mechanical constitutive material laws was investigated by using elastic model, poroelastic model, and poroelastic-plastic model. The analysis was done using ABAQUS, which is a commercial finite element code for general purposes. From the analysis, it was observed that the temperature in the bentonite increased sharply for a couple of days after heating the heater and then slowly increased to a constant value. The temperatures at all locations were nearly at a steady state after about 37.5 days. In the steady state, the temperature was maintained at $90^{\circ}C$ at the interface between the heater and the bentonite and at about $70^{\circ}C$ at the interface between the bentonite and the confining cylinder. The variation of the water saturation with time in bentonite was almost same independent of the material laws used in the coupled T-H-M processes. By comparing the saturation change of T-H-M and that of H-M(Hydro-Mechanical) processes using elastic and poroelastic material mod31 respectively, it was found that the degree of saturation near the heater from T-H-M calculation was higher than that from the coupled H-M calculation mainly because of the thermal flux, which seemed to speed up the saturation. The stresses in three cases with different material laws were increased with time. By comparing the stress change in H-M calculation using poroelasetic and poroelasetic-plastic model, it was possible to conclude that the influence of saturation on the stress change is higher than the influence of temperature. It is, therefore, recommended to use a material law, which can model the elastic-plastic behavior of buffer, since the coupled T-H-M processes in buffer is affected by the variation of void ratio, thermal expansion, as well as swelling pressure.

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The Reinforcing Mechanism of Sustaining Participations in Open Source Software Developers: Based on Social Identity Theory and Organizational Citizenship Behavior Theory (오픈 소스 개발자들의 참여 의도 강화 기제 및 참여 지속 의도에 관한 연구: 사회 정체성 이론과 조직시민행동 이론에 기반하여)

  • Choi, Junghong;Choi, Joohee;Lee, Hye Sun;Hwangbo, Hwan;Lee, Inseong;Kim, Jinwoo
    • Asia pacific journal of information systems
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    • v.23 no.3
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    • pp.1-23
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    • 2013
  • Open Source Software Development (OSSD) differentiates itself from traditional closed software development in that it reveals its source codes online and allows anyone to participate in projects. Even though its success was in doubt, many of the open collaborative working models produced successful results. Academia started to get interested in how developers are willing to participate even when there are no extrinsic rewards for their efforts. Many studies tried to explain developers' motivations, and the pursuit of ideology, reputation, and altruism are found to be the answers. Those studies, however, focused mostly on how the first contribution is made out of a certain motivation. Nowadays, OSSD reaches at its maturity and 70% of professional developers have used or utilized open source software or code in their works. As the proportion of people experiencing OSS, the accounts from previous studies are expected to be weakened. Also, extant literature fails to explain how the motivation of participating in OSS evolves over time and experiences. Given that changing over time or over experiences is the natural in the perception of motivation, studies in an attempt to understand how the motivation changes or evolves are in need. In this study, we aimed to explain how the perception about OSS from past usage or related experiences leads to the intention to sustain OSS participations. By doing so, we try to bridge the gap between previous studies and the actual phenomenon. We argued that perceived instrumentality about OSS learned from past experiences will first affect the formation of organizational identity towards general OSS community. And once the organizational identity is formed, it will affect the one's following behaviors related to OSS development, most likely to sustain the favoring stance toward OSS community. Our research distinguishes itself from previous one in that it divides the paths from organizational identity formed to the intention to sustain the voluntary helping behaviors, by altruistic and conforming intentions. Drawing on this structural model, we could explain how organizational identity engages in forming the sustaining intention from past experiences, and that the intention to help at individual level and organizational level works at different level in OSS community. We grounded our arguments on Social identity theory and Organizational Citizenship theory. We examined our assumption by constructing a structural equation model (SEM) and had 88 developers to answer our online surveys. The result is analyzed by PLS (partial least square) method. Consequently, all paths but one in our model are supported, the one which assumed the association between perceived instrumentality and altruistic intention. Our results provide directions in designing online collaborative platforms where open access collaboration is meant to occur. Theoretically, our study suggests that organizational citizenship behavior can occur from organizational identity, even in bottom-up organizational settings. More specifically, we also argue to consider both organizational level and individual level of motivation in inducing sustained participations within the platforms. Our result can be interpreted to indicate the importance of forming organizational identity in sustaining the participatory behaviors. It is because there was no direct association between perceived instrumentality from past experiences and altruistic behavior, but the perception of organizational identity bridges the two constructs. This means that people with no organizational identity can sustain their participations through conforming intention from only the perception of instrumentality, but it needs little more than that for the people to feel the intention to directly help someone in the community-first to form the self-identity as a member of the given community.

The Multi-door Courthouse: Origin, Extension, and Case Studies (멀티도어코트하우스제도: 기원, 확장과 사례분석)

  • Chung, Yongkyun
    • Journal of Arbitration Studies
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    • v.28 no.2
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    • pp.3-43
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    • 2018
  • The emergence of a multi-door courthouse is related with a couple of reasons as follows: First, a multi-door courthouse was originally initiated by the United States government that increasingly became impatient with the pace and cost of protracted litigation clogging the courts. Second, dockets of courts are overcrowded with legal suits, making it difficult for judges to handle those legal suits in time and causing delays in responding to citizens' complaints. Third, litigation is not suitable for the disputant that has an ongoing relationship with the other party. In this case, even if winning is achieved in the short run, it may not be all that was hoped for in the long run. Fourth, international organizations such as the World Bank, UNDP, and Asia Development Bank urge to provide an increased access to women, residents, and the poor in local communities. The generic model of a multi-door courthouse consists of three stages: The first stage includes a center offering intake services, along with an array of dispute resolution services under one roof. At the second stage, the screening unit at the center would diagnose citizen disputes, then refer the disputants to the appropriate door for handling the case. At the third stage, the multi-door courthouse provides diverse kinds of dispute resolution programs such as mediation, arbitration, mediation-arbitration (med-arb), litigation, and early neutral evaluation. This study suggests the extended model of multi-door courthouse comprised of five layers: intake process, diagnosis and door-selection process, neutral-selection process, implementation process of dispute resolution, and process of training and education. One of the major characteristics of extended multi-door courthouse model is the detailed specification of individual department corresponding to each process within a multi-door courthouse. The intake department takes care of the intake process. The screening department plays the role of screening disputes, diagnosing the nature of disputes, and determining a suitable door to handle disputes. The human resources department manages experts through the construction and management of the data base of mediators, arbitrators, and judges. The administration bureau manages the implementation of each process of dispute resolution. The education and training department builds long-term planning to procure neutrals and experts dealing with various kinds of disputes within a multi-door courthouse. For this purpose, it is necessary to establish networks among courts, law schools, and associations of scholars in order to facilitate the supply of manpower in ADR neutrals, as well as judges in the long run. This study also provides six case studies of multi-door courthouses across continents in order to grasp the worldwide picture and wide spread phenomena of multi-door courthouse. For this purpose, the United States and Latin American countries including Argentina and Brazil, Middle Eastern countries, and Southeast Asian countries (such as Malaysia and Myanmar), Australia, and Nigeria were chosen. It was found that three kinds of patterns are discernible during the evolution of a multi-door courthouse model. First, the federal courts of the United States, land and environment court in Australia, and Lagos multi-door courthouse in Nigeria may maintain the prototype of a multi-door courthouse model. Second, the judicial systems in Latin American countries tend to show heterogenous patterns in terms of the adaptation of a multi-door courthouse model to their own environments. Some court systems of Latin American countries including those of Argentina and Brazil resemble the generic model of a multi-door courthouse, while other countries show their distinctive pattern of judicial system and ADR systems. Third, it was found that legal pluralism is prevalent in Middle Eastern countries and Southeast Asian countries. For example, Middle Eastern countries such as Saudi Arabia have developed various kinds of dispute resolution methods, such as sulh (mediation), tahkim (arbitration), and med-arb for many centuries, since they have been situated at the state of tribe or clan instead of nation. Accordingly, they have no unified code within the territory. In case of Southeast Asian countries such as Myanmar and Malaysia, they have preserved a strong tradition of customary laws such as Dhammthat in Burma, and Shriah and the Islamic law in Malaysia for a long time. On the other hand, they incorporated a common law system into a secular judicial system in Myanmar and Malaysia during the colonial period. Finally, this article proposes a couple of factors to strengthen or weaken a multi-door courthouse model. The first factor to strengthen a multi-door courthouse model is the maintenance of flexibility and core value of alternative dispute resolution. We also find that fund raising is important to build and maintain the multi-door courthouse model, reflecting the fact that there has been a competition surrounding the allocation of funds within the judicial system.

The Optimal Turbo Coded V-BLAST Technique in the Adaptive Modulation System corresponding to each MIMO Scheme (적응 변조 시스템에서 각 MIMO 기법에 따른 최적의 터보 부호화된 V-BLAST 기법)

  • Lee, Kyung-Hwan;Ryoo, Sang-Jin;Choi, Kwang-Wook;You, Cheol-Woo;Hong, Dae-Ki;Kim, Dae-Jin;Hwang, In-Tae;Kim, Cheol-Sung
    • Journal of the Institute of Electronics Engineers of Korea TC
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    • v.44 no.6 s.360
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    • pp.40-47
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    • 2007
  • In this paper, we propose and analyze the Adaptive Modulation System with optimal Turbo Coded V-BLAST(Vertical-Bell-lab Layered Space-Time) technique that adopts the extrinsic information from MAP (Maximum A Posteriori) Decoder with Iterative Decoding as a priori probability in two decoding procedures of V-BLAST; the ordering and the slicing. Also, we consider and compare the Adaptive Modulation System using conventional Turbo Coded V-BLAST technique that is simply combined V-BLAST with Turbo Coding scheme and the Adaptive Modulation System using conventional Turbo Coded V-BLAST technique that is decoded by the ML (Maximum Likelihood) decoding algorithm. We observe a throughput performance and a complexity. As a result of a performance comparison of each system, it has been proved that the complexity of the proposed decoding algorithm is lower than that of the ML decoding algorithm but is higher than that of the conventional V-BLAST decoding algorithm. however, we can see that the proposed system achieves a better throughput performance than the conventional system in the whole SNR (Signal to Noise Ratio) range. And the result shows that the proposed system achieves a throughput performance close to the ML decoded system. Specifically, a simulation shows that the maximum throughput improvement in each MIMO scheme is respectively about 350 kbps, 460 kbps, and 740 kbps compared to the conventional system. It is suggested that the effect of the proposed decoding algorithm accordingly gets higher as the number of system antenna increases.

An Experimental Study on Establishing Criteria of Gripping Work in Construction Site (건설 현장 악력 작업안전 기준 설정에 관한 실험적 연구)

  • 손기상;이인홍;최만진;안병준
    • Journal of the Korean Society of Safety
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    • v.10 no.3
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    • pp.81-95
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    • 1995
  • Now, safety assurance in construction sites should be accomplished by its own organization rather than control of the code or government. It is believed that the safety assurance can be considerably improved by a lecture or an education using the existing theories or literatures up to now, but it is thought that fundamental safety assurance we not able to be accomplished without developing safety devices '||'&'||' equipment or taking fundamental measures, based on the result analyzed from workers behaviors. There are various behaviors of the workers showed in construction site, but only tests for hammerusing works such as form, re-bar, stone workers directly related to the grip strength are mainly performed, investigated and measured here for the study. The above works are similar to power grip, 7th picture on seven items which are categorized for hand grip types(Ammermin 1956 ; Jones ; Kobrick 1958). Measurements of grip strength are commonly taken in anthropometric surveys. They are easy to administer but unfortunately it is rather dubious whether they yield any data that are of interest to the engineer. Very fewer controls of tools are grasped and squeesed studies showed very little overall correlation between grip strength and other measures of bodily strength (Laubach, Kromer, and Thordsen 1972), but hammer-using work which is practically progressed in construction site are mainly influenced with grip strength. According to the investigation on work measurement, it is shown that 77% of form worker are using hammer to be related to grip strength. In this study, it is particularly noticed that wearing safety gloves in construction site is required for workers safety but 20% difference between grip strength with safety gloves and without ones are commonly neglected in the site(Fig. 1). Nevertheless, safety operation with consideration of the above 20% difference is not considered in the construction site. Factors of age, kinds of work, working time, with or without safety gloves are in vestigated '||'&'||' collected at the sites for this study. Test, not at each working hour but at 14 : 00 when the almost all of the workers think the most tired, resulting from the questionaires, also when it is shown on the research report has been performed and compared for main kinds of works : form '||'&'||' re-bar work. Tests were performed with both left SE rightand of the workers simultaneously in construction site using Rand Dynamometer(Model 78010, Lafayette Instrument Co., Indiana, U.S.A) by reading grip strength on the gauge while they are pulling, and then by interviewing on their ages, works, experiences and etc., directly. The above tests have been performed for the dates of 15th march-26th May '95 with consideration of site condition. And even if various factors of ambient temperature on the testing date, working condition, individual worker's habit and worker's condition of the previous ate are concerned with the study. Those are considered as constants in this study. Samples are formwork 53, rebar 62, electrician 5, plumber 4, welding 1 from D construction Co., Ltd, ; formwork 12, re-bar 5, electrician 2, from S construction Co., Ltd, , formwork 78, re-bar 18, plumber 31, electrician 13, labor 48, plumber 31, plasterer 15, concrete placer 6, water proof worker 3, maisony 5 from B construction Co., Ltd. As In the previously mentioned, main aspect to be investigated in this study will be from '||'&'||' re-bar work because grip strength will be directly applied to these two kinds of works ; form '||'&'||' re-bar work, eventhough there are total 405 samples taken. It is thought that a frequency of accident occurrence will be mainly two work postures "looking up '||'&'||' looking down" to be mainly sorted, but this factor is not clarified in this study because It will be needed a lot of work more. Tests has been done at possible large scale of horizontally work-extended sites within one hour in order to prevent or decrease errors '||'&'||' discrepancies from time lag of the test. Additionally, the statistical package computer program SPSS PC+has been used for the study.

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CCD Photometric Observations and Light Curve Synthesis of the Near-Contact Binary XZ Canis Minoris (근접촉쌍성 XZ CMi의 CCD 측광관측과 광도곡선 분석)

  • Kim, Chun-Hwey;Park, Jang-Ho;Lee, Jae-Woo;Jeong, Jang-Hae;Oh, Jun-Young
    • Journal of Astronomy and Space Sciences
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    • v.26 no.2
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    • pp.141-156
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    • 2009
  • Through the photometric observations of the near-contact binary, XZ CMi, new BV light curves were secured and seven times of minimum light were determined. An intensive period study with all published timings, including ours, confirms that the period of XZ CMi has varied in a cyclic period variation superposed on a secular period decrease over last 70 years. Assuming the cyclic change of period to occur by a light-time effect due to a third-body, the light-time orbit with a semi-amplitude of 0.0056d, a period of 29y and an eccentricity of 0.71 was calculated. The observed secular period decrease of $-5.26{\times}10^{-11}d/P$ was interpreted as a result of simultaneous occurrence of both a period decrease of $-8.20{\times}10^{-11}d/P$ by angular momentum loss (AML) due to a magnetic braking stellar wind and a period increase of $2.94{\times}10^{-11}d/P$ by a mass transfer from the less massive secondary to the primary components in the system. In this line the decreasing rate of period due to AML is about 3 times larger than the increasing one by a mass transfer in their absolute values. The latter implies a mass transfer of $\dot{M}_s=3.21{\times}10^{-8}M_{\odot}y^{-1}$ from the less massive secondary to the primary. The BV light curves with the latest Wilson-Devinney binary code were analyzed for two separate models of 8200K and 7000K as the photospheric temperature of the primary component. Both models confirm that XZ CMi is truly a near-contact binary with a less massive secondary completely filling Roche lobe and a primary inside the inner Roche lobe and there is a third-light corresponding to about 15-17% of the total system light. However, the third-light source can not be the same as the third-body suggested from the period study. At the present, however, we can not determine which one between two models is better fitted to the observations because of a negligible difference of $\sum(O-C)^2$ between them. The diversity of mass ratios, with which previous investigators were in disagreement, still remains to be one of unsolved problems in XZ CMi system. Spectroscopic observations for a radial velocity curve and high-resolution spectra as well as a high-precision photometry are needed to resolve some of remaining problems.

A Semantic Classification Model for e-Catalogs (전자 카탈로그를 위한 의미적 분류 모형)

  • Kim Dongkyu;Lee Sang-goo;Chun Jonghoon;Choi Dong-Hoon
    • Journal of KIISE:Databases
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    • v.33 no.1
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    • pp.102-116
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    • 2006
  • Electronic catalogs (or e-catalogs) hold information about the goods and services offered or requested by the participants, and consequently, form the basis of an e-commerce transaction. Catalog management is complicated by a number of factors and product classification is at the core of these issues. Classification hierarchy is used for spend analysis, custom3 regulation, and product identification. Classification is the foundation on which product databases are designed, and plays a central role in almost all aspects of management and use of product information. However, product classification has received little formal treatment in terms of underlying model, operations, and semantics. We believe that the lack of a logical model for classification Introduces a number of problems not only for the classification itself but also for the product database in general. It needs to meet diverse user views to support efficient and convenient use of product information. It needs to be changed and evolved very often without breaking consistency in the cases of introduction of new products, extinction of existing products, class reorganization, and class specialization. It also needs to be merged and mapped with other classification schemes without information loss when B2B transactions occur. For these requirements, a classification scheme should be so dynamic that it takes in them within right time and cost. The existing classification schemes widely used today such as UNSPSC and eClass, however, have a lot of limitations to meet these requirements for dynamic features of classification. In this paper, we try to understand what it means to classify products and present how best to represent classification schemes so as to capture the semantics behind the classifications and facilitate mappings between them. Product information implies a plenty of semantics such as class attributes like material, time, place, etc., and integrity constraints. In this paper, we analyze the dynamic features of product databases and the limitation of existing code based classification schemes. And describe the semantic classification model, which satisfies the requirements for dynamic features oi product databases. It provides a means to explicitly and formally express more semantics for product classes and organizes class relationships into a graph. We believe the model proposed in this paper satisfies the requirements and challenges that have been raised by previous works.

Numerical Calculations of IASCC Test Worker Exposure using Process Simulations (공정 시뮬레이션을 이용한 조사유기응력부식균열 시험 작업자 피폭량의 전산 해석에 관한 연구)

  • Chang, Kyu-Ho;Kim, Hae-Woong;Kim, Chang-Kyu;Park, Kwang-Soo;Kwak, Dae-In
    • Journal of the Korean Society of Radiology
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    • v.15 no.6
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    • pp.803-811
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    • 2021
  • In this study, the exposure amount of IASCC test worker was evaluated by applying the process simulation technology. Using DELMIA Version 5, a commercial process simulation code, IASCC test facility, hot cells, and workers were prepared, and IASCC test activities were implemented, and the cumulative exposure of workers passing through the dose-distributed space could be evaluated through user coding. In order to simulate behavior of workers, human manikins with a degree of freedom of 200 or more imitating the human musculoskeletal system were applied. In order to calculate the worker's exposure, the coordinates, start time, and retention period for each posture were extracted by accessing the sub-information of the human manikin task, and the cumulative exposure was calculated by multiplying the spatial dose value by the posture retention time. The spatial dose for the exposure evaluation was calculated using MCNP6 Version 1.0, and the calculated spatial dose was embedded into the process simulation domain. As a result of comparing and analyzing the results of exposure evaluation by process simulation and typical exposure evaluation, the annual exposure to daily test work in the regular entrance was predicted at similar levels, 0.388 mSv/year and 1.334 mSv/year, respectively. Exposure assessment was also performed on special tasks performed in areas with high spatial doses, and tasks with high exposure could be easily identified, and work improvement plans could be derived intuitively through human manikin posture and spatial dose visualization of the tasks.