• Journal of Korea Water Resources Association
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• v.44 no.2
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• pp.145-156
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• 2011

Two dimensional numerical model of high-order accuracy is developed to analyze complex flow including transition flow, discontinuous flow, and wave propagation to dry bed emerging at natural river flow. The bed slope term of two dimensional shallow water equation consisting of integral conservation law is treated efficiently by applying quasi-steady wave propagation scheme. In order to apply Finite Volume Method using Fractional Step Method, MUSCL scheme is applied based on HLL Riemann solver, which is second-order accurate in time and space. The TVD method is applied to prevent numerical oscillations in the second-order accurate scheme. The developed model is verified by comparing observed data of two dimenstional levee breach experiment and dam breach experiment containing structure at lower section of channel. Also effect of the source term is verified by applying to dam breach experiment considering the adverse slope channel.

• Journal of Korean Neurosurgical Society
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• v.63 no.2
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• pp.210-217
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• 2020

Objective : To analyze the accuracy of iliac screws using freehand technique performed by the same surgeon. We also analyzed how the breach of iliac screws was related to the clinical symptoms resulting in revision surgery. Methods : From January 2009 to November 2015, 100 patients (193 iliac screws) were analyzed using postoperative computed tomography scans. The breaches were classified based on the superior, inferior, lateral, and medial iliac wall violation by the screw. According to the length of screw extrusion, the classification grades were as follows : grade 1, screw extrusion <1 cm; grade II, 1 cm ≤ screw extrusion <2 cm; grade III, 2 cm ≤ screw extrusion <3 cm; and grade IV, 3 cm ≤ screw extrusion. We also reviewed the revision surgery associated with iliac screw misplacement. Results : Of the 193 inserted screws, 169 were correctly located and 24 were misplaced screws. There were eight grade I, six grade II, six grade III, and four grade IV screw breaches, and 11, 8, 2, and 3 screws violated the medial, lateral, superior, and inferior walls, respectively. Four revision surgeries were performed for the grade III or IV iliac screw breaches in the lateral or inferior direction with respect to its related symptoms. Conclusion : In iliac screw placement, 12.4% breaches developed. Although most breaches were not problematic, symptomatic violations (2.1%) could result in revision surgery. Notably, the surgeon should keep in mind that lateral or inferior wall breaches longer than 2 cm can be risky and should be avoided.

• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.85-113
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• 2009

In this paper, the Judgment 2007DA76290 of the Korean Supreme Court was analysed in two points of the legal theory and litigation. The judgment arouses some issues of medical malpractice liability. They includes the concept of the complications and permanent lesion and the difference between them, some problems in a judge's applying the requirements for the physician's tort liability to the medical malpractice situations, the theory of obligation de moyens related with the burden of proof of the negligent conduct for a physician's liability for misperformance of contract, the influence of a patient's physical conditions on the physician's liability, the breach of duty to disclose in selecting the safer one of the treatment methods bringing about the complications or leaving the permanent lesion and so on. In the situations of the case referred to above, the plaintiff should have tried to establish that a reasonable physician in the specific situation of the case would have substituted the safer method of treatment for the method in the case. If the plaintiff had succeeded in establishing it, he or she could have recovered even the physical harm resulting from the permanent lesion brought about by the complications of the specific treatment in the case. The plaintiff failed to do so and recovered only the emotional distress which the patient suffered owing to the physician's breach of the duty to disclose. Therefore the legal malpractice of the counsel might be found in this case.

• The Korean Society of Law and Medicine
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• v.14 no.2
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• pp.217-260
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• 2013

In connection to the civil liability of the medical malpractice, plaintiff and courts are solving the medical disputes with theory of the liability based on tort law. because contract law does not enact the right of claim of solatium and a plaintiff's lawyer and courts hesitate to use contract law. Medical treatment of doctor is main debt in medical contract and its in-complete performance gives rise to the violations of human's life, body and health. Consequently a breach of medical contract leads to violations of person-al rights. These violations spring from liability of contract as well as tort and damages from them are recognized based on medical contract law. A duty of explanation of doctor is a independent and appendant debt to the treatment debt. However its breach provokes violations of human's life, body and health as well as a right self-determination. Therefore consolation money claim should be recognized. In case of the violation of patient's life, body and health, patient's family al-so can demand consolation money due to the violation of their's own mental pain. However in case of the violation of only patient's self-determination without informed concent, they can not demand it by reason of the violation of patient's self-determination. But by reason of the violation of patient's life, body and health that were recognized by proximate causal relation between violation of duty of explanation and abd execution, they can do.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.253-276
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• 1999

CISG articles 34 and 37 clearly allow the seller to cure any nonconformity in documents of sale or performance prior to the date for delivery if it does not cause the buyer unreasonable inconvenience or unreasonable expense. CISG article 48 allows a seller to cure the performance even after the date for delivery if it does not cause the buyer unreasonable delay, unreasonable inconvenience or unreasonable uncertainty of reimbursement by the seller of expenses advanced by the buyer. The wording any failure to perform is broad enough to include a delay. The seller's right to cure relates to all his obligations. The seller may remedy 'any failure to perform his obligations'. This language is broad enough to include a defect in documents. In some cases the fact that the seller is able and willing to remedy the non-conformity of the goods without inconvenience to the buyer, may mean that there would be no fundamental breach unless the seller failed to remedy the non-conformity within an appropriate time. It cannot generally be said what unreasonable inconvenience means. This can only be decided on a case-by-case basis. The seller must bear the costs involved in remedying a failure to perform. The curing of a failure to perform may have influence on the amount of the damage claimed. Insofar as the seller has the right to cure, the buyer is in that case obliged to accept the cure. If he refuses to do so, he can neither avoid the contract nor declare a reduction in price. This rule clearly shows the underlying concept of the CISG, to keep to the contract, if possible. Should the buyer requires delivery of substitute goods and the seller offers repair, it depends on the expense each case. The buyer must receive the request or notice by the seller. The relationship between the seller's right to cure and the buyer's right to avoid the contract is unclear. The buyer's right to avoid the contract should not nullify the seller's right to cure if the offer is reasonable. In addition, whether a breach is fundamental should be decided in the right of the seller's offer to cure.

• Journal of the Korea institute for structural maintenance and inspection
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• v.17 no.1
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• pp.37-45
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• 2013

In this study, the resistance of various reinforced concrete (RC) slabs subjected to contact detonation was assessed. In order to enhance the blast resistance, fibers and external FRP sheets were reinforced to RC slabs. In the experiment, the $2,000{\times}1,000{\times}100mm$ sized RC slabs were fabricated using normal concrete (NC), steel fiber reinforced concrete (SFRC), polyvinyl alcohol fiber reinforced cementitious composite (PVA FRCC), and ultra-high performance cementitious composites (UHPCC). The damage levels of RC slabs subjected to contact detonation were evaluated by measuring the diameter and depth of crater, spall and breach. The experimental results were compared to the analyzed data using LS-DYNA program and three different prediction equations. The diameter and depth of crater, spall and breach were able to be predicted using LS-DYNA program approximately. The damage process of RC slabs under blast load was also well expressed. Three prediction equations suggested by other researchers had limitations to apply in terms of empirical approaches, therefore it needs further research to set more analytical considerations.

• Journal of Korea Water Resources Association
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• v.49 no.2
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• pp.121-132
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• 2016

The DAMBRK is applied to Janghyeon and Dongmak reservoirs in Namdaecheon basin, where two reservoirs were failed due to Typhoon Rusa in 2002. Relaxation scheme is added to DAMBRK to consider the tributary cross-section because two reservoirs are in tributary valleys. In addition, this study suggests the method to utilize the reservoir breach formation time of ASDSO (2005) and empirical formulas for peak break outflow from dam to reduce the uncertainty of reservoir breach formulation time. The single break of Janghyeon reservoir and consecutive break of Janghyeon and Dongmak reservoirs with the suggested method are considered. While the breach discharge from reservoirs rushes down, the discharge and water surface elevation along the river are predicted, and the predictions show the attenuation phenomena of reservoir break floodwave. The applicability of the model is validated by comparing the predicted height with field surveyed data, and showing good agreements between predictions and measurements.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.70
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• pp.39-65
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• 2016

On 2013 the English court delivered a decision that the payment obligation under time charter party is a condition. According to this judgement, The Astra, a breach of the obligation to pay hire on time entitles the owner both to withdraw the ship and sue the charterers for damages for the difference between the contract and market rate for the remainder of the contracted period. On 2015, however, the English court stood at the other side. In Spar Shipping, the court confirmed that the obligation to pay hire is not a condition of the contract but an "innominate term" - from the charterers' breach ship owners can exercise their contractual right to withdraw, but owners' right to sue for damages depends on whether the charterers have deprived the owners of the substantial benefit of the contract, or shown an intention to do so. This article aims to compare both decisions over the points that (1) the importance of on-time payment under a time charter party, (2) as a critical and main question in this article, whether the mattered payment clause is a condition or innominate term, (3) whether the on-time payment clause is merely a penalty or a reasonable liquidated damage. Based on various reasons, I am on a position that the payment of hire is not a condition but an innominate term. Default in punctual payment by a charterer, in the absent of clear contractual agreement, needs to be decided further whether that breach removes the substantial benefit of the contract from the owners.

• Nuclear Engineering and Technology
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• v.25 no.3
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• pp.413-423
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• 1993

This paper reports an experimental study of direct containment heating (DCH) which would occur if the primary system pressure is still high at the time of vessel breach during a light water reactor core melt accident. The experiments were conducted in 1/30-scale cavity models of Kori unit 1 and 2 and Young Kwang unit 3 and 4 nuclear power plants. One 1/20-scale model of the Kori plant was also used to investigate the scaling effect. The primary variables in the experiments were initial vessel pressure, vessel breach size and cavity geometry. It is observed that higher initial pressure and larger breach size enhance the melt dispersal fraction. Also, the cavity geometry appears to affect the dispersal rate greatly. A simple correlation of melt dispersal fraction is proposed in terms of nondimensional effective period. This correlation shows good agreement with the present experimental data, the KAIST data and the BNL data.

• Journal of Convergence for Information Technology
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• v.9 no.11
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• pp.125-133
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• 2019

In this paper, probabilistic flood risk maps were produced for levee break caused by possible flood scenarios. The results of the previous studies were employed for flood stages corresponding to hydrological extreme event quantified uncertainties and then predicted the location of a levee breach. The breach width was estimated by combining empirical equation considered constant width and numerical modeling considered uncertainties on compound geotechnical component. Accordingly, probabilistic breach outflow was computed and probabilistic inundation map was produced by 100 runs of 2D inundation simulation based on reliability analysis. The final probabilistic flood risk map was produced by combining probabilistic inundation map based on flood hazard mapping methodology. The outcomes of the study would be effective in establishing specified emergency actin plan (EAP) and expect to suggest more economical and stable design index.