• Journal of the Korean Society for Railway
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• v.19 no.6
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• pp.744-754
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• 2016

Asphalt concrete track (ACT) is a track system connecting wide sleepers and concrete panels on top of an asphalt concrete layer; such a system requires adequate resistance force against various longitudinal and lateral external loads. In this study, a series of experiments were carried out to assess the longitudinal and lateral resistance force of a wide sleeper and concrete panel type ACT. The required shear resistance force of the horizontal displacement restraint device (HDRD) was evaluated. Furthermore, a concrete block type anchor and a steel pipe type anchor were developed as HDRDs. The shear resistance force was decided based on the experimental results of horizontal shear tests for each anchor system. In addition, proper numbers and arrangement design guidelines for the HDRDs were suggested considering the shear resisting capacity and economics for HDRDs applied to ACT.

• The Journal of Korean Institute of Electromagnetic Engineering and Science
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• v.28 no.7
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• pp.519-527
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• 2017

The trust issue on the safety of autonomous vehicle is a very important in regard to the demand generation of relevant industries. To secure the trust, The study of legal liability issue should be prior to an accident of the autonomous vehicle. In civil law, it is possible to make the automobile manufacturer take legal responsibility with the "Product Liability Act". Whereas, in criminal law, it is difficult to make him take legal responsibility since the criminal law holds the actor responsible. To solve these problems, this article proposes the establishment of the "Special Act on Autonomous Vehicle". Also, there is a demand for building infra structures and system to operate the (fully) self-propelled vehicle and establishing "certification" systems.

• Journal of the Society of Disaster Information
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• v.9 no.4
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• pp.484-492
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• 2013

The purpose of this study is to propose development plan for systematic design and management of disaster and safety education curriculum in accordance with the revision of Framework act on the management of disasters and safety. The curriculum is intended for current disaster management professionals. Prior to analysis, disaster and safety professionals were classified into three categories: disaster practitioner, disaster manager, and disaster higher manager. And based on 24 disaster safety functions and 13 disaster management competence items, priorities of their task ability were derived. Considering practical effect of disaster and safety education, the course curriculum is divided to target groups of disaster practitioner, disaster manager, and disaster higher manager. Disaster management education curriculum and its design are based on the results of disaster prevention education contents development planning to reflect the elements of advanced disaster management education and to consider brand making of the curriculum and operation pattern.

• Structural Engineering and Mechanics
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• v.41 no.6
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• pp.711-734
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• 2012

The foundation of a tall building frame resting on settable soil mass undergoes differential settlements which alter the forces in the structural members significantly. For tall buildings it is essential to consider seismic forces in analysis. The building frame, foundation and soil mass are considered to act as single integral compatible structural unit. The stress-strain characteristics of the supporting soil play a vital role in the interaction analysis. The resulting differential settlements of the soil mass are responsible for the redistribution of forces in the superstructure. In the present work, the nonlinear interaction analysis of a two-bay ten-storey plane building frame- layered soil system under seismic loading has been carried out using the coupled finite-infinite elements. The frame has been considered to act in linear elastic manner while the soil mass to act as nonlinear elastic manner. The subsoil in reality exists in layered formation and consists of various soil layers having different properties. Each individual soil layer in reality can be considered to behave in nonlinear manner. The nonlinear layered system as a whole will undergo differential settlements. Thus, it becomes essential to study the structural behaviour of a structure resting on such nonlinear composite layered soil system. The nonlinear constitutive hyperbolic soil model available in the literature is adopted to model the nonlinear behaviour of the soil mass. The structural behaviour of the interaction system is investigated as the shear forces and bending moments in superstructure get significantly altered due to differential settlements of the soil mass.

• Journal of Korea Trade
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• v.26 no.7
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• pp.93-108
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• 2022

Purpose - This paper examines the admissibility of restitution as the legal consequence where a contract is frustrated under the Law of Reform (Frustrated Contracts) Act 1943 in comparison with Korean Civil Code (KCC). In order to provide practical guidelines and advice regarding choice of and application of law for contracting parties in international trade, the paper comparatively evaluates requirements and the scope of restitution under the Act 1943 and KCC. Design/methodology - This paper executes a comparative study to analyze whether the parties may claim restitution of money paid or non-money benefit obtained before or after the time of discharge under English law and KCC. To achieve the purpose, it focuses on the identifying characteristics of each statute, thereby providing guidelines to overcome difficulties in legal application and interpretation as to restitution as the consequence of frustration. Findings - Under English law, the benefit may be restituted according to Art 1943 or the common law rule, mistake of fact or law. Under the KCC, restitution is considered based on the principle of the obligation to recover the original obtained regardless of the time when the benefit is conferred. Whilst Act 1943 does not require careful analysis of the grounds of restitution, requirements to justify restitution according to the principle of unjust enrichment, mistake of fact or law, and the KCC should be met. Meanwhile, the KCC may provide more opportunities to award restitution because it does not require the burden of proof related to the defendant's good faith, unlike the principle of unjust enrichment. Originality/value - Where the contract is frustrated by the effect of COVID-19, one legal issue is a consequence of frustration. Therefore, this paper analyzes requirements and the scope of restitution under English law as compared with the KCC in a timely manner. It provides contracting parties with practical guidelines and advice to reduce unpredictability when they choose the governing law in a contract.

• The Journal of the Korea Contents Association
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• v.14 no.8
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• pp.466-475
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• 2014

According to the Housing Lease Protection Act, even though it is not registered, if the lessee has completed delivery of a house and the resident registration, the lease shall take effect against the third person from the following day thereof. Any lessee who has met the requirements for opposing power and obtained the fixed date on the lease contract document, shall be entitled to receive the repayment of the deposit from the converted price of the leased house, in preference to any junior obligors and other creditors, at the time of an auction as provided by the Civil Execution Act and a public sale as prescribed by the National Tax Collection Act. The lessee shall be entitled to receive a repayment of a specified amount of the deposit in preference to other persons having the security rights in the leased house. However those provisions give rise to many problems because the Housing Lease Protection Act allows the opposing power and the right of preferential payment from the following date of fulfillment of the requirement. For the purpose of solving the problems, this study suggests that the Housing Lease Protection Act need to be amended as follows. The fixed date should be added to the requirement of opposing power and the preferential right of specified deposit repayment. In addition, the commencement of opposing power and preferential right of deposit repayment need to be taken effect from the day that the requirement is fulfilled.

• Culinary science and hospitality research
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• v.18 no.5
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• pp.176-189
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• 2012

This study was conducted to investigate the effective educational and promotional strategies for the Special Act on the Safety Management of Children's Dietary Life on the basis of the survey conducted on parents. First of all, its result showed that most parents are well aware of the main contents of the law. They answered that, when choosing safe favorite food for children, the most important part is the article "Regulations on the standards for children's favorite food should be reinforced." As for the index of safety management for children's dietary life, most respondents think safety the most important; housewives and nuclear family members choose safety (p<.01), while large family members do nutrition. For the question asking how they get the information on safety management for children's dietary life, most of them answered that they generally use mass media, family and friends as a reference. Those with high income usually get the information from special books, those between 30s and 50 from mass media, and those with college graduates from civil social groups (p<.05). In case of taking the safety education programs for children's dietary life, they told that the most necessary information is concerned with hygienic dietary life and nutrition labeling on processed food; housewives are interested in the latter, while working people in the former (p<.05). As a method of informing parents of the Special Act on the Safety Management of Children's Dietary Life, mass media such as TV and radio, and school education are suggested in this survey. Therefore, this study proposes that mass media be considered as the most effective way of promoting the Special Act on the Safety Management of Children's Dietary Life and getting information concerning the law.

• Journal of Legislation Research
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• no.54
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• pp.261-301
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• 2018

In South Korea, the number of households that rear companion animal has been gradually increasing. With the rise of household dogs, the frequency of humans that are being bitten by another's dog has also increased. This type of accident, which is known as a dog bite accident throughout the United States. It can cause significant physical and emotional damage to the victims and may result in grave injuries or death. Dog bite accidents are serious public health problems and can cause immeasurable hidden costs to the community. South Korea has enacted several laws to address dog bite accidents, which include the Animal Protection Act, the Civil Act, and the Criminal Act. On March 20, 2018, the Animal Protection Act was amended to reinforce the current legislation. These amendments addressed the duty of care owed by a companion dog owner to society members and the punishment that an owner of a fierce dog would face in the event of a dog bite accident. Conversely, several states in the United States have enacted a single law that regulates the details regarding dog bite accidents, such as the type of dog or animal, the type of damage, the scope of compensation for damages, and the scope of recognition of liabilities. This paper is intended to review the present situation of dog bite legislation in several states in the United States, which have a variety of laws that address dog bite accidents, and compare them with current South Korean dog bite legislation. Through this research, this paper will discuss what issues may exist in South Korean's current dog bite laws, analyze the responsibility of companion dog owners, and provide solutions to any issues that are discovered.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.235-268
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• 2019

Under the Aviation Safety Act of Korea, any person who intends to operate a drone is required to follow the operational conditions listed below, unless approved by the Minister of Land, Infrastructure, Transport and Tourism; (i) Operation of drones in the daytime, (ii) Operation of drones within Visual Line of Sight, (iii) Maintenance of a certain operating distance between drones and persons or properties on the ground/ water surface, (iv) Do not operate drones over event sites where many people gather, (v) Do not transport hazardous materials such as explosives by drone, (vi) Do not drop any objects from drones. Requirements stated in "Airspace in which Flights are Prohibited" and "Operational Limitations" are not applied to flights for search and rescue operations by public organizations in case of accidents and disasters. This paper analyzes legal issues as to definition and regulations of drones in Korean Aviation Safety Act. This paper, also, offers some implications and suggestions for regulations of drones under Korean Aviation Safety Act by comparing the regulations of drones in Japanese Civil Aeronautics Act.

• The Korean Society of Law and Medicine
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• v.24 no.3
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• pp.155-206
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• 2023

When a person with diminished mental capacity refuses necessary medical care, normative judgments about when paternalistic intervention can be justified come into question. A typical example is involuntary hospitalization for people with mental disabilities, traditionally governed by mental health law. However, Korean civil law reform in 2011 introduced a new form of involuntary hospitalization through guardianship legislation, leading to a dualized system to involuntary hospitalization. Consequently, a conflict has arisen between the 'best interest and surrogate decision-making' paradigm of civil law and the 'social defense and preventive detention' paradigm of mental health law. Many countries have criticized this dualized system as not only inefficient but also unfair. Moreover, the requirement for the presence of 'mental illness' for involuntary hospitalization under mental health law has faced criticism for unfairly discriminating against people with mental disabilities. In response, attempts have been made to integrate guardianship legislation and mental health law based on mental capacity. This study examines the legislative process and framework of the Mental Capacity Act (Northern Ireland) 2016, which reorganized the mental health care system by fusing guardianship legislation with mental health law based on mental capacity. By analyzing the case of Northern Ireland, which has grappled with conflicts between guardianship legislation and mental health law since the 1990s and recently proposed mental capacity as a single, non-discriminatory standard, we aimed to offer insights for the Korean guardianship and mental health systems.