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A study on air related multimodal transport and operator's legal liabilities (항공연계 복합운송의 현황과 손해배상책임 - 대법원 2014.11.27. 선고 2012다14562 판결을 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.1
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    • pp.3-36
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    • 2016
  • Recently, the Supreme Court of Korea delivered a milestone judgment about air related multimodal transport. At there, the mattered cargo, some expensive jewellery, was transported from Qingdao, China to downtown office of consignee at Seoul via Incheon airport in Korea. As an air waybill was issued in this case, there was an air transport agreement between consignor and air courier operator. After arriving at Incheon airport, the shipment was transport by land arranged by the air courier operator, who was a defendant in this case. Upon arriving at the final destination, it was found that the jewellery was lost partly and based on circumstantial evidence, the damage presumed to be occurred during the land transport. As a subrogee, the insurance company who paid for consignee filed an action against the air courier operator for damage compensation. Defendant contended that Montreal convention should be applicable in this case mainly for limited liability. The lower court of this case confirmed that applying the limited liability clause under Montreal Convention is improper under the reason that the damage in this case was or presumed to be occurred during surface transport. It was focused on the Montreal Convention article 18 which says that the period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. However, the Supreme Court overturned the lower court's decision. The delivered opinion is that the terms of condition on the air waybill including limited liability clause should be prevailed in this case. It seems that the final judgment was considered the fact that the only contract made in this case was about air transport. This article is for analysis the above decisions from the perspective that it is distinguishable between a pure multimodal transport and an expanded air transport. The main idea of this article is that under the expanded air transport, any carriage by land, sea or inland waterway only for the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment is still within the scop of air transport.

Improvement on Coupling Technique Between COMSOL and PHREEQC for the Reactive Transport Simulation

  • Dong Hyuk Lee;Hong Jang;Hyun Ho Cho;Jeonghwan Hwang;Jung-Woo Kim
    • Journal of Nuclear Fuel Cycle and Waste Technology(JNFCWT)
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    • v.21 no.1
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    • pp.175-182
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    • 2023
  • APro, a modularized process-based total system performance assessment framework, was developed at the Korea Atomic Energy Research Institute (KAERI) to simulate radionuclide transport considering coupled thermal-hydraulic-mechanical-chemical processes occurring in a geological disposal system. For reactive transport simulation considering geochemical reactions, COMSOL and PHREEQC are coupled with MATLAB in APro using an operator splitting scheme. Conventionally, coupling is performed within a MATLAB interface so that COMSOL stops the calculation to deliver the solution to PHREEQC and restarts to continue the simulation after receiving the solution from PHREEQC at every time step. This is inefficient when the solution is frequently interchanged because restarting the simulation in COMSOL requires an unnecessary setup process. To overcome this issue, a coupling scheme that calls PHREEQC inside COMSOL was developed. In this technique, PHREEQC is called through the "MATLAB function" feature, and PHREEQC results are updated using the COMSOL "Pointwise Constraint" feature. For the one-dimensional advection-reaction-dispersion problem, the proposed coupling technique was verified by comparison with the conventional coupling technique, and it improved the computation time for all test cases. Specifically, the more frequent the link between COMSOL and PHREEQC, the more pronounced was the performance improvement using the proposed technique.

The Fourier Analysis on DSA and P$_2$SA for Discrete-Ordinates Solutions of Neutron Transport Equations

  • Noh, Taewan
    • Proceedings of the Korean Nuclear Society Conference
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    • 1995.10a
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    • pp.103-108
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    • 1995
  • By applying the P$_1$ and P$_2$ equations to the operator form of a synthetic acceleration, we derive the p,-acceleration (diffusion synthetic acceleration: DSA) and P$_2$-acceleration (p$_2$SA) schemes in one dimensional slab geometry. We Fourier-analyze the derived acceleration schemes with the discrete-ordinates transport equation and showed that the DSA outperforms the P$_2$SA. These results confirm that one cannot simply assume that replacement of the DSA with a higher order approximation will lead to a better acceleration performance.

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The Main Contents and Task in Future for the Air Transport Law Established Newly in the Korean Revised Commercial Law

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.1
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    • pp.75-101
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    • 2012
  • As the Reublic of Korea revised the Commercial Code including 40 articles of air transport enacted newly on May 23, 2011, so Korea became first legislative examples in the Commercial Code of the developed and developing countries. I would like to explain briefly the main contents of my paper such as (1) history of enacting newly Part VI (air transport) in the Korea's revised commercial law, (2) legal background enacting newly Part VI (air transport) in the Korea's revised commercial law and the problems on the conditions of air transport, (3) every countries' legislative examples on the civil liability of aircraft's operator, (4) unlawful Interference Convention and general risk convention of 2009, (5) main contents and prospects of the revised Commercial Code for the liability of aircraft's operator etc as the followings. Meanwhile as the Aviation Act, Commercial Code and Civil Code in Korea and Japan did not regulated at all the legal basis of solution on the disputes between victims and offender for the amount of compensation for damage due to personal or property damage caused by aircraft accidents in Korea and Japan, so it has been raised many legal problems such as protection of victims, standard of decision in trial in the event of aircraft accident's lawsuit case. But the Korean Revised Commercial Code including Part VI, air transport regulations was passed by the majority resolution of the Korean National Assembly on April 29, 2011 and then the South Korean government proclaimed it on May 23 same year. The Revised Commercial Code enforced into tothe territory of the South Korea from November 24, 2011 after six month of the proclaimed date by the Korean Government. Thus, though Korean Commercial Code regulated concretely and respectively the legal relations on the liability of compensation for damage in the contract of transport by land in it's Part II (commercial activities) and in the contract of transport by sea in its Part V (marine commerce), but the Amended Commercial Act regulated newly 40 articles in it's Part VI (air transport) relating to the air carrier's contract liability on the compensation for damage caused by aircraft accidents in the air passengers and goods transport and aircraft operator's tort liability on compensation for damage caused by the sudden falling or collision of aircraft to third parties on the surface and so it was equipped with reasonable and unified system among the transport by land, marine and air. The ICAO adopted two new air law conventions setting out international compensation and liability rules for damage caused by aircraft to third parties at a diplomatic conference hosted by it from April 20 to May 2, 2009. The fight against the effects of terrorism and the improvement of the status of victims in the event of damage to third parties that may result either from acts of unlawful interference involving aircraft or caused by ordinary operation of aircraft, forms the cornerstone of the two conventions. One legal instrument adopted by the Conference is "the Convention on Compensation for Damage to Third Parties, Resulting from Acts of Unlawful Interference Involving Aircraft" (Unlawful Interference Convention). The other instrument, "the Convention on Compensation for Damage Caused by Aircraft to Third Parties" (General Risk Convention), modernizes the current legal framework provided for under the 1952 Rome Convention and related Protocol of 1978. It is desirable for us to ratify quickly the abovementioned two conventions such as Unlawful Interference Convention and General Risk Convention in order to settle reasonably and justly as well as the protection of the South Korean peoples.

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Numerical simulation of single-phase two-components flow in naturally fractured oil reservoirs

  • Debossam, Joao Gabriel Souza;dos Santos Heringer, Juan Diego;de Souza, Grazione;Souto, Helio Pedro Amaral
    • Coupled systems mechanics
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    • v.8 no.2
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    • pp.129-146
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    • 2019
  • The main goal of this work is to develop a numerical simulator to study an isothermal single-phase two-component flow in a naturally fractured oil reservoir, taking into account advection and diffusion effects. We use the Peng-Robinson equation of state with a volume translation to evaluate the properties of the components, and the discretization of the governing partial differential equations is carried out using the Finite Difference Method, along with implicit and first-order upwind schemes. This process leads to a coupled non-linear algebraic system for the unknowns pressure and molar fractions. After a linearization and the use of an operator splitting, the Conjugate Gradient and Bi-conjugated Gradient Stabilized methods are then used to solve two algebraic subsystems, one for the pressure and another for the molar fraction. We studied the effects of fractures in both the flow field and mass transport, as well as in computing time, and the results show that the fractures affect, as expected, the flow creating a thin preferential path for the mass transport.

Finite difference TVD scheme for modeling two-dimensional advection-dispersion

  • Guan, Y.;Zhang, D.
    • Proceedings of the Korea Water Resources Association Conference
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    • 2006.05a
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    • pp.22-27
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    • 2006
  • This paper describes the development of the stream-tube based dispersion model for modeling contaminant transport in open channels. The operator-splitting technique is employed to separate the 2D contaminant transport equation into the pure advection and pure dispersion equations. Then the total variation diminishing (TVD) schemes are combined with the second-order Lax-Wendroff and third-order QUICKEST explicit finite difference schemes respectively to solve the pure advection equation in order to prevent the occurrence of numerical oscillations. Due to various limiters owning different features, the numerical tests for 1D pure advection and 2D dispersion are conducted to evaluate the performance of different TVD schemes firstly, then the TVD schemes are applied to experimental data for simulating the 2D mixing in a straight trapezoidal channel to test the model capability. Both the numerical tests and model application show that the TVD schemes are very competent for solving the advection-dominated transport problems.

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General Energy-Dependent Transport Equation with Fission

  • Lee, Un-Chul;Pac, Pong-Youl
    • Nuclear Engineering and Technology
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    • v.2 no.4
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    • pp.255-262
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    • 1970
  • More detailed calculations of extension to general anisotropic transport equation with fission are studied. These calculations involve that the operator can be splitted into scattering and fission operators when we prove the completeness of general anisotropy. Applying these operators to the equation makes it easy to extract the slowing-down transient of zero-measure, and completely solves the transport equation. In addition, the number of the eigenvalues of the second anisotropy is classified with Cs unknown, B$_1$and B$_2$known constants.

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Numerical Simulation of Laminar Reacting Flows Using Unstructured Finite Volume Method With Adaptive Refinement

  • Kang, Sung-Mo;Kim, Hoo-Joong;Kim, Yong-Mo
    • Journal of the Korean Society of Combustion
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    • v.6 no.2
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    • pp.15-22
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    • 2001
  • A pressure-based, unstructured finite volume method has been applied to couple the chemical kinetics and fluid dynamics and to capture effectively and accurately the steep gradient flame field. The pressure-velocity coupling is handled by two methodologies including the pressure-correction algorithm and the projection scheme. A stiff, operator-split projection scheme for the detailed nonequilibrium chemistry has been employed to treat the stiff reaction source terms. The conservative form of the governing equations are integrated over a cell-centered control volume with collocated storage for all transport variables. Computations using detailed chemistry and variable transport properties were performed for two laminar reacting flows: a counterflow hydrogen-air diffusion flame and a lifted methane-air triple flame. Numerical results favorably agree with measurements in terms of the detailed flame structure.

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A Study on the Acceptance Conditions of a Freight Forwarder's Transport Document under UCP (신용장통일규칙(UCP)상 운송주선인 운송서류의 수리요건에 관한 연구)

  • Kang, Ho-Kyung
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.51
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    • pp.285-313
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    • 2011
  • There can be analyzed severally on the acceptance conditions of freight forwarder's transport document under UCP. First, Bills of Lading issued by forwarding agents will be refused. This can be seen in the article 20 of 1933 Revision UCP(Brochure 82) and the article 20 of 1951 Revision UCP(Brochure 151). Second, Unless specifically authorized in the credit, Bills of Lading issued by forwarding agent will be rejected. It is prescribed in the front part (a) of article 17 of 1962 Revision UCP(Brochure 222) and the article 19 of 1974 Revision UCP(Publication No. 290). Third, Acceptance conditions are different according to the type of transport documents, that is either Bill of Lading or not. It is prescribed in the art 25 and article 26 of 1983 Revision UCP. Unless otherwise stipulated in the credit, transport document issued by a freight forwarder will be rejected unless it is the FIATA Combined Transport Bill of Lading approved by the International Chamber of Commerce or otherwise indicates that it is issued by a freight forwarder acting as a carrier or agent of a named carrier. On the other hand, unless otherwise stipulated in the credit, marine bill of lading issued by a freight forwarder will be rejected, unless it indicates that it is issued by such freight forwarder acting as a carrier, or as the agent of a named carrier. Fourth, transport documents issued by a freight forwarder will be accepted. This can be found in the article 30 of 1993 Revision UCP(ICC Publication No. 500) and the article 14 l of 2007 Revision UCP(ICC Publication No. 600). According to the former unless otherwise authorized in the Credit, transport document issued by a freight forwarder will only be accepted if it is appears on its face to indicate the name of the freight forwarder as a carrier or multimodal transport operator or its agent. The latter prescribed that a transport document will be accepted if it is issued by a freight forwarder by a agent of carrier or freight forwarder itself.

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A Difference Analysis on Visual Approach Accessibility of Airline Pilots Based on Flight Experience including Non-parametric Statistical Test (정기항공사 소속 조종사의 비행경력에 따른 시계접근능력 차이 분석 : 비모수 통계검정을 포함하여)

  • Lee, Gun-Young;Hwang, Jae-Kap;Jang, Ji-Seung
    • Journal of Advanced Navigation Technology
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    • v.23 no.2
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    • pp.104-113
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    • 2019
  • There are keen competitions among the air operators to recruit competent pilots, which could be adversely affect the safe operation of aircraft. This study is aimed to identify the correlation between the flight experience of the pilot of the air transport operator and competency on visual approach operation. About 2,400 sets of flight training data of several pilots of an air transport operator was analysed for this study. The analysis showed that most captains were able to make stabilized visual approach regardless of his/her flight experience of any type of aircraft, while the first officers were able to make a stabilized visual approach with more than 1,500 hours of flight experience for each rated type of aircraft. This should be considered during making policies for the supply and demand of pilots for the safe operation of air transport.