• Structural Engineering and Mechanics
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• v.89 no.1
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• pp.1-11
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• 2024

This article introduces a novel analytical model for examining the impact of porosity on shear correction factors (SCFs) in functionally graded porous beams (FGPB). The study employs uneven and logarithmic-uneven modified porosity-dependent power-law functions, which are distributed throughout the thickness of the FGP beams. Additionally, a modified exponential-power law function is used to estimate the effective mechanical properties of functionally graded porous beams. The correction factor plays a crucial role in this analysis as it appears as a coefficient in the expression for the transverse shear stress resultant. It compensatesfor the assumption that the shear strain is uniform across the depth of the cross-section. By applying the energy equivalence principle, a general expression for static SCFs in FGPBs is derived. The resulting expression aligns with the findings obtained from Reissner's analysis, particularly when transitioning from the two-dimensional case (plate) to the one-dimensional case (beam). The article presents a convenient algebraic form of the solution and provides new case studies to demonstrate the practicality of the proposed formulation. Numerical results are also presented to illustrate the influence of porosity distribution on SCFs for different types of FGPBs. Furthermore, the article validates the numerical consistency of the mechanical property changesin FG beams without porosity and the SCF by comparing them with available results.

• Journal of Korea Water Resources Association
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• v.48 no.7
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• pp.553-566
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• 2015

Acoustic Doppler Current Profilers(ADCPs) have capability to concurrently capitalize three-dimensional velocity vector and bathymetry with highly efficient and rapid manner, and thereby enabling ADCPs to document the hydrodynamic and morphologic data in very high spatial and temporal resolution better than other contemporary instruments. However, ADCPs are also limited in terms of the inevitable unmeasured regions near bottom, surface, and edges of a given cross-section. The velocity in those unmeasured regions are usually extrapolated or assumed for calculating flow discharge, which definitely affects the accuracy in the discharge assessment. This study aimed at scrutinizing a conventional extrapolation method(i.e., the 1/6 power law) for estimating the unmeasured regions to figure out the accuracy in ADCP discharge measurements. For the comparative analysis, we collected spatially dense velocity data using ADV as well as stationary ADCP in a real-scale straight river channel, and applied the 1/6 power law for testing its applicability in conjunction with the logarithmic law which is another representative velocity law. As results, the logarithmic law fitted better with actual velocity measurement than the 1/6 power law. In particular, the 1/6 power law showed a tendency to underestimate the velocity in the near surface region and overestimate in the near bottom region. This finding indicated that the 1/6 power law could be unsatisfactory to follow actual flow regime, thus that resulted discharge estimates in both unmeasured top and bottom region can give rise to discharge bias. Therefore, the logarithmic law should be considered as an alternative especially for the stationary ADCP discharge measurement. In addition, it was found that ADCP should be operated in at least more than 0.6 m of water depth in the left and right edges for better estimate edge discharges. In the future, similar comparative analysis might be required for the moving boat ADCP discharge measurement method, which has been more widely used in the field.

• Journal of Legislation Research
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• no.41
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• pp.261-302
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• 2011

A lien is the right to possession the thing until receiving repayment of its bonds in some cases that the property of other person or the occupant for marketable securities receive the bond that has occurred on that property or marketable securities. This has own purpose to break 'principle of creditor equality' to protect especially the bond of the subject occupant in terms of justice. These lien on our civil law come according to the law in prepared certain requirements. However, an incomplete real rights granted by way of security that does not have a preferential performance right or seniority on the exchange value of the object suffer from the problems a lot in the real estate auction process because of the feature that is not announced in the register unlike the mortgage. In addition, the lien of real estate is not lapsed in an auction process. There is no preferential performance righ in a positive law as providing that can oppose to the buyer(a successful bidder) until received repayment the secured bond price to be compliant with the lien(Civil Case Execution Law the 91st clause of Article 5). However, as asserted the super preferential performance righ to a buyer in real terms, acts as primary cause of breaking unexpected loss and according unfair law relation to a senior mortgagee and seizor, etc. and the principles of the creditors equality to the persons concerned in other words, the principles of justice. All of these issues are the establishment of the lien and theory conflict on the effects. In spite of the fluctuations of a real right about real estate is announced as a registration by the current law, only the lien come into unclear announcement means for possession. In addition, Civil Case Execution Law argument is caused by the adoption abernahmeprinzip about the lien (Civil Case Execution Law the 91st clause of Article 5). Therefore, this paper was examined briefly the significance and purpose, history and law-making examples of each country and the valid requirements and effect of the lien that is basic principle of law about the lien system above all. And then, it will be reviewed the improvement plan for de lege ferenda to improve the issues about this after reviewing the objection, theory and judicial precedent about opposing power and preferential performance right of the lien in the real estaKey Words : Lien, Oppose Power, Mortgage right, Preferential Performance right, Seizure, Real Estate Auction, Lien who can not Opposing against Successful Bidder, Lien who can Oppose against Successful Bidder, Possessionte auction that is a fundamental problem on requirement and effect of the lien.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.119-148
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• 2015

Generally, the liability for breach is defined as the civil liability that arises from the conduct of violation of a contract. There are two notable principles governing liability for breach that have fundamental impacts on the unified Contract Law of the People's Republic of China (hereinafter Chinese Contract Law) in the remedies. In China, during the drafting of the Contract Law, there was a great debate as to whether damages for breach of contract ought to follow the fault principle or to follow the strict liability principle. Ultimately the Chinese Contract Law follows the model of the CISG on this point, namely, it follows the strict liability principle (article 107) with an exemption cause of force majeure. Under Chinese Contract Law, it is interpreted as strict liability in principle. Strict Liability is a notion introduced into Chinese Contract Law from the Anglo-Saxon Law. The strict liability or no fault doctrine, on the contrary, allows a party to claim damages if the other party fails to fulfill his contractual obligations regardless of the fault of the failing party. Pursuant to the strict liability doctrine, if the performance of a contract is due, any non-performance will constitute a breach and the fault on the party in breach is irrelevant. This paper reviews problems of legal character or legal ground of contractual liability in Chinese contract law. Specifically, focusing on the interpretation of Chinese contract law sections and analysis of three cases related contractual liability in freight agency, the paper proposes some implications of structural features of Chinese contract law and international commercial transactions.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.2
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• pp.79-112
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• 2010

The Beijing Convention of 2010 taken together effectively establishes a new broader and stronger civil aviation security framework. This adoption would significantly advance cooperation in prevent of the full range of unlawful acting relation to civil aviation and the prosecution and punishment of offenders. First, the Beijing Convention of 2010 will require parties to criminalize a number of new and emerging threats to the safety of civil aviation, including using aircraft as a weapon and organizing, directing and financing acts of terrorism. These new treaties reflect the international community's shared effort to prevent acts of terrorism against civil aviation and to prosecute and punish those who would commit them. Second, this convention will also require States to criminalize the transport of biological, chemical, nuclear weapons and related material. These provisions reflect the nexus between non-proliferation and terrorism and ensure that the international community will act to combat both. Third, this Convention shall not apply to aircraft used in military, customs or police services. As a substitute, International Humanitarian Law will be applied in a case. Moreover, the National Jurisdiction and the application of the law will be extended farther. The treaty promotes cooperation between States while emphasizing the human rights and fair treatment of terrorist suspects.

• Journal of Korean Society for Quality Management
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• v.31 no.3
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• pp.19-36
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• 2003

The manager of manufacturing industry just not to have known what to do related to the law of product liability(PL) that was put into operation in July 1, 2002. The law of PL is a public law about defective product, which was established in order to compensate consumer's damages of property and body caused by product, to make sound society by the safety products and to take international competitiveness. But the existing civil law has been having clause that compensation to be taken is limited. The law of PL is resolving this limitations and is characterized by the easy relief from damages of defective product. The decision in the case of Green-man has been a precedent since the court sentenced the manufacturer to liability. The law of PL has been in force in 27 countries, including all of the EU countries, Japan, Philippines and China. It has been shown that the corporations which meet the Global Standard, could survive in global competition. The economic effects by the law of PL are the increase of consumers relief production cost by the lawsuits. This paper will recommend more biref method that is able to cover PSMS by use of QMS. It will make domestic corporation improve in the plan, manufacture and sale of products to meet the Global Standard.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.89-110
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• 2014

Since the CISG came into force in 1 January 1988 in China, many cases as well as arbitral awards have been decided under the CISG during the period of about 30 years of its application in China. After the CISG entered into force and before the handovers of HK in 1997, the China courts or CIETAC applied CISG to the disputes between China party and HK party in many cases, even PRC reserved CISG article 95. On the Contrary, after the handovers of HK in 1997, the China courts or CIETAC did not apply CISG to the disputes between them in many cases with the reason that China filed an CISG article 95 declaration and HK is not a contracting unit. The matter is the China's contract law and civil law have convinced that the CISG is highly applicable as "International Practice" under the China law in appropriate circumstances, so sometimes China courts or CIETAC applied CISG based on the China law not CISG itself. As a result, some interpretation made by the China court or CIETAC might not comply with the international character of the CISG and to some extent even impaired the uniform application of the CISG. So the author expects more and more valuable cases to be reported which will be good for its further development.

• Journal of the Korea Convergence Society
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• v.11 no.1
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• pp.237-246
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• 2020

The background of the research is the following: As a result of ultra-light flying device industry development, the utilization of drones and their efficiency have been increasing. However, problems regarding flight permission·approval procedure have not been improved, resulting in increased number of civil complaints. Thus, the purpose of this research is to minimize such civil petition according to the required standards of the two government organizations through enhancing the procedure for managing and employing the system. The research methods entail pinpointing the problems by analysing ultra-light flying device related literature review and by holding focus-interviews with field experts, thereby verifying and providing improved solutions. Under (MLIT) Ministry of Land, Infrastructure and Transport supervision and in accordance with aviation security law, the research provides various updated functions such as improved civil petition processing system's employment and management system, flight approval, integration of names, process, format regarding aviation photographing approval, tool buttons such as the 'Main' button in the system's homepage. This research has the following expected effects : Firstly in the law and regulations section, the clear distinction in the missions and roles of each organization enhances cooperations in tackling civil petition. Secondly the integration of civil petition process reduces time and improves efficiency. And lastly, the improvement of supplementary tools for the public is expected to minimize civil petitions. Future research needs to be conducted under the supervision of the Ministry of National Defense(MND). Factors such as systematic infrastructure for flight photography approval, related unit's reorganization following the defense reform 2.0, and guaranteed conditions for field security action units need to be ameliorated.

• Smart Structures and Systems
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• v.20 no.3
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• pp.369-383
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• 2017

In this work, the effects of moisture and temperature on free vibration characteristics of functionally graded (FG) nanobeams resting on elastic foundation is studied by proposing a novel simple trigonometric shear deformation theory. The main advantage of this theory is that, in addition to including the shear deformation influence, the displacement field is modeled with only 2 unknowns as the case of the classical beam theory (CBT) and which is even less than the Timoshenko beam theory (TBT). Three types of environmental condition namely uniform, linear, and sinusoidal hygrothermal loading are studied. Material properties of FG beams are assumed to vary according to a power law distribution of the volume fraction of the constituents. Equations of motion are derived from Hamilton's principle. Numerical examples are presented to show the validity and accuracy of present shear deformation theories. The effects of hygro-thermal environments, power law index, nonlocality and elastic foundation on the free vibration responses of FG beams under hygro-thermal effect are investigated.

• Journal of the Daesoon Academy of Sciences
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• v.34
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• pp.203-238
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• 2020

This paper focuses on legal risks and risk management affecting foreign religions or foreign religious legal persons in Taiwan. Beginning with an overview of relevant legal norms, types, processes, precautions, other such considerations, the purpose of this paper is to assist foreign religions when they first come to Taiwan for development. The contents of this paper can inform the adoption of a suitable methodology. If foreign religions want to come to Taiwan to develop, there may be several methods for their development: 1. Send Individual Missionaries to preach in Taiwan 2. Send Groups to Preach in Taiwan: 1) specify these groups as temples (or religious groups called "Lingtai (靈臺)"). 2) form civil associations or unincorporated religious groups 3) cases of temples that have not been registered (or specified as "Lingtai") 4) cases of offices and independent property and religious purposes that are not registered with the government or registered as temples (differentiated from item 3) 3. Establishing a research center in Taiwan: When foreign religions have established religious consortia in foreign countries, they can come to Taiwan to set up branches. 4. The establishment of legal persons in Taiwan: These are divided into "school legal persons", "religious corporate legal persons" and "religious consortium legal persons." Each of the above types has a different law applicable to it. This article will introduce the contents of each applicable law and important related matters such as the relevant funds, setting incentive rules for outstanding religious groups, and religious groups applying for foreigners. Due to foreign-related factors in the development and setting up of foreign religions in Taiwan, Act Governing the Choice of Law in Civil Matters Involving Foreign Elements is the parent law for solving conflicts regarding laws and regulations. The spirit of Article 2 and Italian Private International Law, Article 25, Paragraph 1 and so on, adopts the legalism of establishing legal personhood. It is clear that the national law regarding legal persons is the law under which it was incorporated. Therefore, foreign religious legal persons who encounter legal issues in Taiwan fall under the national law, which was established as domestic law. Therefore, internal matters regarding foreign legal persons are also applicable to domestic law.