• Journal of Environmental Science International
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• v.16 no.4
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• pp.487-493
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• 2007

In this study is analysis which dams breach shapes are effect on peak discharge of dam-failure. The dam breach shapes and failure time are important peak discharge when dam failure. When dam failure times are 1hr, 2hr and 3hr condition for the ECRD and 0.1hr and 0.2hr for the CG and CFRD that breach shapes changed base length $B_b=1Hd,\;B_b=2Hd\;and\;B_b=3Hd$. As the results from DAMBRK(Dam Break model) peak discharge are increase base widths lengthen. As failure time is longer then peak discharge is decrease. So peak discharge is increase more short of dam failure time. Also peak discharge is increase become larger dam breach shapes.

• Journal of Environmental Science International
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• v.28 no.2
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• pp.211-217
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• 2019

A Numerical modeling approach is usually applied to reproduce the physical phenomena of a fill dam-break. The accuracy of the dam-break model depends on the physical structure that defines input variables such as the storage volume, breach formation and progress, and the parameters of the model, which are subjective as they are prescribed by users. In this study, a sensitivity analysis was performed for the nonlinear breach progression curve that was already developed, which includes four parameters. The study focuses on the two of the parameters which control the breach forming time and peak discharge. The model is coupled with a two-dimensional flood simulation model (FLO-2D) to examine flood coverage and depth. It is generally observed that the parameter ${\beta}$ controls only the breach forming time, the parameter ${\gamma}$ is particularly sensitive to the peak flow.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.47-73
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• 2015

This study primarily concerns the fundamental breach of contract by a seller and a buyer's two remedies that are entitled to under the CISG. Regarding the breach of contract, the CISG simply provides a list of each party's obligations and regulates that both parties should fulfill the obligations under the contract as well as the Convention. When the CISG specifies the remedies for both parties, it requires to divide the fundamental breach of contract from breach of contract. By doing so, it provides different remedies to both parties depending on whether it is the fundamental breach of contract or not. From the point of buyer's view, the buyer has two remedies when there is the fundamental breach of contract by the seller; they are the right to declare the avoidance of contract and to require the delivery of substitute goods. The fundamental breach of contract is a pre-requisite condition to be fulfilled in order to exercise these two remedies. Although the CISG provides the definition of fundamental breach of contract, its meaning is not clear enough, so it is interpreted and applied case by case. Therefore, this paper will analyze recent cases focusing on the most debated issues regarding the interpretation of fundamental breach of contract; first, who determines the substantial deprivation and when is the time for determination, second, when is the time for unpredictability of substantial deprivation, and last, who has a burden of proof.

• Korea Trade Review
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• v.45 no.1
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• pp.119-135
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• 2020

It is well-known that if a claim for damage [Note: Damage can be singular or plural] is made based on a breach of contract, calculating the existence and magnitude of certain profits to be deducted based on the damage can be problematic. In the case of a time charter party, even if the early redelivering vessel by the time charterers constitutes a breach of contract, it is still not an exception. In particular, interest in the shipping business seems to be relatively high in terms of how claims for damage by ship owners have been adjusted. In the case of the New Flamenco, there is a debate over whether or not to deduct the difference between the sale price immediately after redelivering the ship and the sale price upon expiration of the contract from the damage based on the breach of contract for the early time charter redelivery vessel. This paper focuses on this case since it appears to be of practical importance and has implications on how to calculate the amount of damage in the case of cancellation for early redelivery vessel in a time charter party.

• Communications for Statistical Applications and Methods
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• v.27 no.4
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• pp.487-500
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• 2020

Insurers face increasing demands for cyber liability; entailed in part by a variety of new forms of risk of data breaches. As data breach occurrences develop, our understanding of the volatility in data breach counts has also become important as well as its expected occurrences. Volatility clustering, the tendency of large changes in a random variable to cluster together in time, are frequently observed in many financial asset prices, asset returns, and it is questioned whether the volatility of data breach occurrences are also clustered in time. We now present volatility analysis based on INGARCH models, i.e., integer-valued generalized autoregressive conditional heteroskedasticity time series model for frequency counts due to data breaches. Using the INGARCH(1, 1) model with data breach samples, we show evidence of temporal volatility clustering for data breaches. In addition, we present that the firms' volatilities are correlated between some they belong to and that such a clustering effect remains even after excluding the effect of financial covariates such as the VIX and the stock return of S&P500 that have their own volatility clustering.

• Proceedings of the Korea Water Resources Association Conference
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• 2006.05a
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• pp.1666-1670
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• 2006

The purpose of this study is to analyze how a downstream channel is affected in case of hypothetical dam failure. The object of it is Hwacheon dam basin within the basin of North Han river. This study has analyzed the influence on Pyeonghwa(Peace) dam and Hwacheon dam supposing that the Imnam dam in North Korea on the upper stream of North Han river is failed hypothetically at the MFWL(maximum flood water level) by a deluge of rain. The model applied at the main study is NWS(National Weather Service) FLDWAV(Flood Wave Routing Model). Dam breach characteristics data are analyzed by making nine hypothetical scenarios on the basis of other studies on the shape and size of dam breach, time of failure and so on. Expected peak discharge through the breach is verified to have the propriety in comparison with empirical function which is developed on the basis of the case of dam breach in the foreign countries and it is observed that peak discharge is more increasing, as the time of breach gets shorter and the breach width gets bigger. As a result of main study, even though the Imnam dam is hypothetically failed down, there has no influence on the Hwacheon dam of the downstream as the extended Pyeonghwa dam on the downstream controls the volume of discharge properly.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.73
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• pp.65-90
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• 2017

The rule of warranty in English insurance law was established in the second part of the $18^{th}$ century by Lord Mansfield, who laid the foundations of the modern English law of insurance contract and developed very different rule of insurance law, especially in the field of warranty. At the time of Lord Mansfield, warranty, that is, the promise given by the assured, played an important role for the insurer to assess the scope of the risk. Legal environments, however, have changed since the age of Lord Mansfield. English and Scottish Commissions proposed very dramatic reform of law in the field of warranty law to reflect the changes of legal environment through the Insurance Act 2016. This article intends to consider the legal implications through the comparative analysis between the new regime of warranty in the Insurance Act 2015 and MIA 1906. The major changes in the Insurance Act 2015 are summarized as following. First, Basis of the contract clauses in non-consumer insurance contracts should be of no effect and representations should not be capable of being converted into warranties by means of a policy term or statement on the proposal form. This requirement should not be capable of being avoided by the use of a contract term and the arrangement of contracting out by parties should be of no effect. Secondly, The existing remedy for breach of warranty, that is, automatic discharge of the insurer's liability, should be removed. Instead, the insurer's libility should be suspended from the point of breach of warranty and reattach if and when a breach of warranty has been remedies. Thirdly, A breach of warranty should genally be regarded as remedied where the insured ceases to be in breach of it. In the other hand, for time-specific warranties which apply at or by an ascertainable time, a breach should be regarded as remedies, if the risk to which the warranty relates later, becomes essentially the same as that originally contemplated by the parties. Fourthly, where a term of an insurance contract relates to a particular kind of loss, or loss at a particular location/time, the breach of that term should only give the remedy in relation to loss of that particular kind of loss, or at a particular location/time. Finally, whether a term of an insurance contrat relates to loss of a particular kind of at a particular location/time should be determined objectively, based on whether compliance with that ther would tend to reduce the risk of the occurrence of that category of loss.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.39
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• pp.3-26
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• 2008

CISG provides the Convention's default provisions on anticipatory breach. Article 71 permits the aggrieved party to suspend the performance of his obligations if it becomes apparent that the other party will not perform a substantial part of his obligations after the conclusion of the contract. The aggrieved party must give notice of the suspension to the other party and if he provides adequate assurance of his performance, the party must continue with performance. Article 72 authorizes the aggrieved party to avoid the contract to the date of performance when it is clear that the other party will commit a fundamental breach. The aggrieved party is also required to give the other party notice of his intent to avoid the contract if time allows. The requirements for avoidance under Article 72 are more stringent than those for suspension under Article 71. Article 72 requires reasonable prior notice only if time allows, while article 71 requires immediate notice with no exceptions.

• Proceedings of the Korea Water Resources Association Conference
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• 2005.09a
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• pp.751-752
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• 2005

• Journal of the Korea Academia-Industrial cooperation Society
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• v.19 no.2
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• pp.1-8
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• 2018

Levee breaches can result from flooding due to torrential rainfalls, which are linked with recent abnormal climates and the aging of river levees. Breaches have caused enormous property damage and human casualties in lowland areas. Overtopping was found to be the cause for approximately 40% of all cases of breach. In this study, the reasons and mechanisms behind levee breaches were analyzed using hydraulic model testing. The overtopping stability and time delay effect of breaches were assessed for levees made with a new environmentally friendly substance. Image analysis revealed that the total breach time of the levees made with the new substance was about 2.25 times greater than that of an earthen levee. The initial breach rate of a general earthen levee was about 1.43 times higher than that of levees covered with the new substance, and the body collapsed rapidly. The breach mechanisms of levees covered with the new substance were completely different, and it is possible to prevent rapid breaches by mitigation of the breach speed on the slope by resisting overtopping.