• Title/Summary/Keyword: BREACH

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Development of a integrated platform for urban river management (도시하천관리를 위한 연계플랫폼 개발)

  • Koo, Bonhyun;Oh, Seunguk;Koo, Jaseob;Shim, Kyucheoul
    • Journal of Korea Water Resources Association
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    • v.55 no.6
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    • pp.471-480
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    • 2022
  • In this study, a integrated platform applied with various analysis and evaluation models and data collection modules was developed for urban river management. Modules applied to the integrated platform are data collection and provision module, flood analysis module, river evaluation module, and levee breach simulation module, which were selected and applied for efficient urban river management. The integrated platform collects data for application to analysis and evaluation modules from various institutions. The collected data is refined through pre-processing and stored. The stored data is used as input data for each module and is also provided as an Open API through the platform. The flood analysis module is provided to analyze and prepare for floods occurring in cities and rivers. The river evaluation module is used for river planning and management by evaluating rivers in various ways. Finally, the levee breach simulation module can be used to establish countermeasures by deriving a possible damage area due to levee breach through analysis of a virtual breach situation.

A Study on the Cases of Buyer's Breach (CISG하의 매수인의 계약위반 사례에 관한 고찰)

  • Ha, Kang-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.26
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    • pp.87-111
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    • 2005
  • The buyer must pay the price under the contract and must take delivery of the goods of contract. The buyer's obligation to pay the price includes taking such steps and such formalities under the contract. The remedial system of the rights of the seller is easier than that of the buyer, for the obligations of the former are less complicated. The seller has the right to avoid a contract provided two conditions are fulfilled : (a) the buyer must have committed a fundamental breach of contract, or (b) the additional period for performance set by the seller in the case of non-performance must have expired. A decision is more difficult to take in the case of a delay where there is no fixed-term contract, to clarify the situation the seller may set a Nachfrist. It is essential that the contracting parties in Korea should understand the provisions of CISG.

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A Study on the Cases of Buyer's Breach (매수인의 계약위반 사례에 관한 고찰)

  • Ha, Kang-Hun
    • 한국무역상무학회:학술대회논문집
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    • 2004.12a
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    • pp.79-104
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    • 2004
  • The buyer must pay the price under the contract and must take delivery of the goods of contract. The buyer's obligation to pay the price includes taking such steps and such formalities under the contract. The remedial system of the rights of the seller is easier than that of the buyer, for the obligations of the former are less complicated. The seller has the right to avoid a contract provided two conditions are fulfilled : (a) the buyer must have committed a fundamental breach of contract, or (b) the additional period for performance set by the seller in the case of non-performance must have expired. A decision is more difficult to take in the case of a delay where there is no fixed-term contract, to clarify the situation the seller may set a Nachfrist. It is essential that the contracting parties in Korea should understand the provisions of CISG.

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Distributed Denial of Service Defense on Cloud Computing Based on Network Intrusion Detection System: Survey

  • Samkari, Esraa;Alsuwat, Hatim
    • International Journal of Computer Science & Network Security
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    • v.22 no.6
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    • pp.67-74
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    • 2022
  • One type of network security breach is the availability breach, which deprives legitimate users of their right to access services. The Denial of Service (DoS) attack is one way to have this breach, whereas using the Intrusion Detection System (IDS) is the trending way to detect a DoS attack. However, building IDS has two challenges: reducing the false alert and picking up the right dataset to train the IDS model. The survey concluded, in the end, that using a real dataset such as MAWILab or some tools like ID2T that give the researcher the ability to create a custom dataset may enhance the IDS model to handle the network threats, including DoS attacks. In addition to minimizing the rate of the false alert.

Main Issues on the Insurer's Duty of Payment of Insurance Claim in English Insurance Law -Focused on the Revised Provisions in Insurance Act 2015 - (영국 보험법 상 보험자의 보험금지급의무와 관련한 주요 쟁점 - 2015년 보험법 상 개정내용을 중심으로 -)

  • SHIN, Gun-Hoon;LEE, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.76
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    • pp.125-145
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    • 2017
  • Where an insurer has unreasonably refused to pay a claim or paid it after unreasonably delay, the existing law in England does not provide a remedy for the insured. Accordingly, the insured is not entitled to damages for any loss suffered as a result of the insurer's unreasonable delay. This legal position differs from the law in Scotland and most major common law jurisdictions. LC thought that the legal position in England is anomalous and out of step with general contractual principles. LC considered that a policyholder should have a remedy where an insurer has acted unreasonably in delaying or refusing payment of claim, and, therefore, recommended a statutory implied term in every insurance that the insurer will pay sums due within a reasonable time and breach of that term should give rise to contractual remedies, including damages. More detailed recommendations of LC are as followings. First, it should be an implied term of every insurance contract that, where an insured makes a claim under the contract, the insurer must pay sums due within a reasonable time. Secondly, a reasonable time should always include a reasonable time for investigating and assessing a claim. Although a reasonable time will depend on all the relevant circumstances, for example, the following things may need to be taken into account, that is, (1) the type of insurance, (2) the size and complexity of the claim, (3) compliance with any relevant statutory rules or guidance, and (4) factors outside the insurer's control. Thirdly, if the insurer can show that it had reasonable grounds for disputing the claim(whether as to pay or not, or the amount payable), the insurer does not breach the obligation to pay within a reasonable time merely by failing to pay the claim while the dispute is continuing. In those circumstances, the conduct of the insurer in handling the dispute may be a relevant factor in deciding whether the obligation was breached and, if so, when. Fourthly, Normal contractual remedies for breach of contract should be available for breach of the implied term to pay sums due within a reasonable time. Finally, In non-consumer insurance contracts, the insurer should be permitted to exclude or limit its liability for breach of the obligation to pay sums due within a reasonable time, unless such breach was deliberate or reckless, and such an insurer's right to contract out will be subject to satisfying the transparency requirements.

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A Study on Seeking an Alternative Approach to the Remedy for Breach of the Duty of Disclosure in English Marine Insurance Law (영국 해상보험법에서 고지의무 위반에 대한 구제의 대안에 관한 연구)

  • Shin, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.24
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    • pp.25-49
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    • 2004
  • English contract law has traditionally taken the view that it is not the duty of the parties to a contract to give information voluntarily to each other. In English law, one of the principal distinctions between insurance contract law and general contract law is the existence of the duty of disclosure in insurance law. This article is, therefore, designed to analyse the scope or extent of the duty of disclosure and the remedy for breach of the duty in English marine insurance law. The main purpose of this article is also to seek the alternative remedy for the breach. The results of analysis are as following : First, the scope of the duty of disclosure is closely related to the test of materiality and the concept of a hypothetical prudent insurer. The assured is required to disclose only material circumstances subject to MIA 1906, s. 18(1). The test of materiality, which had caused a great deal of debate in English courts over 30 years, was finally settled by the House of Lords in Pan Atlantic and the House of Lords rejected the 'decisive influence' test and the 'increased risk' test, and the decision of the House of Lords is thought to accept the 'mere influence' test in subsequent case by the Court of Appeal. Secondly, an actual insurer is, in order to avoid contract, required to provide proof that he is induced to enter into the contract by reason of the non-disclosure of the assured. But this subjective test of actual inducement is somewhat meaningless in sense that English court takes the test of materiality as a starting point and assumes the presumption of inducement even in case of no clear proof on the inducement. Finally, MIA 1906, s. 18 provides expressly for the remedy of avoidance of the contract for breach of the duty of disclosure. This means rescission or retrospective avoidance of the entire contract, and the remedy is based upon a fairly crude 'all-or-nothing' approach. The remedy of rescission is too draconian from the point of view of the assured, because he can be deprived of all cover despite he is innocent perfectly. An inadvertent breach from an innocent mistake is as fatal as wilful concealment. What is, therefore, needed in English marine insurance law with respect to remedy for the breach is to introduce a more sophisticated or proportionate remedy ascertaining degrees of fault.

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A Structural Model Analysis of Psychological Contract Breach, Psychological Contract Violation, and Employee Outcomes - A Case of Five Star Deluxe Hotel Employees - (인지된 계약위반, 경험된 계약위반과 직원의 조직행동 간의 구조적 관계에 관한 연구 - 특 1급 호텔 종사원을 중심으로 -)

  • Kim, Ji-Eun;Kwon, Yong-Ju
    • Culinary science and hospitality research
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    • v.19 no.4
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    • pp.56-76
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    • 2013
  • With a distinction made between contract breach and contract violation, this study develops a structural model that investigates whether each dimension of contract breach influences experience of a contract violation in the hotel industry. At the same time, the impact of such a violation on hotel employees' work outcomes has been studied. One hundred and seventy eight employees, who are employed in five star deluxe hotels participated in the study and a structural equation modeling(SEM) is employed. The result indicated that good working relationship, and training and development, a so called relational oriented breach, make positively significant impact on contract violation. Whereas, benefits and salary categorized as transactional oriented breach does not. Also, the suggested employee outcomes including high turnover intent, low job satisfaction, and person-organization fit have been influenced by contract violation. As a result, hotel practitioners need to clarify the contract items prior to employment and during employment and to prepare to react to unmet promises.

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The Differential Effects of Transformational Leadership and Organizational Justice on Work Engagement : the Mediating Role of Psychological Contract Breach (변혁적 리더십 및 조직 공정성이 직무열의에 미치는 차별적 영향 : 심리적 계약위반의 매개효과)

  • Baec, Chae-Yoon;Shin, Je-Goo
    • The Journal of the Korea Contents Association
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    • v.17 no.1
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    • pp.299-336
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    • 2017
  • The purpose of this study is to identify the differential effects of transformational leadership and organizational justice on psychological contract breach and work engagement, and to suggest practical implications. To this purpose, this study theoretically references equity theory which recognizes the relationship between organizational input and output, social exchange theory which explains the exchange relationship between members and organization, and job demand-resource (JD-R) model that combines job demands and job resources. A empirical study was conducted on 277 employees at 18 companies of diverse industries including manufacturing, distribution, and finance, and to eliminate the common method bias problem, the dependent variable was measured using peer evaluation. The results of this study showed that: 1) both transformational leadership and organizational justice had a significant positive effect on work engagement and significant negative effect on psychological contract breach; and 2) psychological contract breach played a partial mediating role in the relationship between transformational leadership and work engagement as well as between organizational justice and work engagement. Therefore, this study suggests that, as organizational justice has stronger influence on work engagement and psychological contract breach than transformational leadership, organizations should not only train its leaders but also guarantee fairness.

Privacy Assurance and Consumer Behaviors in e-Business Environments (e-비즈니스 환경에서 기업의 개인정보보호 활동이 소비자 행위에 미치는 영향)

  • Park, JaeYoung;Jung, Woo-Jin;Lee, SangKeun;Kim, Beomsoo
    • The Journal of Society for e-Business Studies
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    • v.23 no.4
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    • pp.1-17
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    • 2018
  • Recently, most online firms are trying to provide personalized services based on customer's data. However, customers are reluctant to give their information to online firm because of concerns about data breach. Online firms are seeking to increase their trust by ensuring the protection of personal information for customers through privacy seal (e.g. e-privacy) or data breach insurance. This research examines the effects of privacy assurance(i.e. privacy seal, data breach insurance) on consumer behavior in online environment. An experiment based on the hypothetical scenario was conducted using a between-subjects 2 (type of privacy assurance) + 1 (control) design. We found that both privacy seal and data breach insurance increased perceived privacy trust. In addition, privacy seal has a positive effect on the intention to provide personal information through perceived privacy trust. Finally, in the case of the group with a high (low) disposition to trust, higher perceived privacy trust is formed through privacy seal (data breach insurance). Theoretical and practical implications are discussed.

An Analysis of Outflow Hydrograph Resulting from an Earth Dam-Break (Earth Dam의 파괴로 인한 유출수문곡선의 해석)

  • Han, Kun Yeun;Lee, Jong Tae;Lee, Won Hwan
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.5 no.2
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    • pp.41-50
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    • 1985
  • The mathematical analysis of the outflow hydrograph resulting from earth dam-break was studied. DBFW(Dam Break Flood Wave) model based on the breach mechanism and reservoir storage equation was developed and was applied to the Teton and Buffalo-Creek dam. The modeling results showed that the shape of outflow hydrograph, peak discharge and failure duration time had a good agreement with the data analyzed by NWS. The breach mechanisms which exert influence on the outflow hydrograph were consisted of geomorphological characteristics of the reservoir, breach mode, breach width and failure duration time. The earth dams in Korea were classified into four types by the reservoir geomorphology, and water surface elevation-failure duration time-peak discharge relationships were also presented. The methodological procedure made in this paper will provide a basic contribution to dam-break study in river system.

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