• Korea Trade Review
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• v.46 no.3
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• pp.185-201
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• 2021

This paper analyzes the penalty tax system under the Customs Act of Korea and examines whether the penalty tax provision violate the constitutional principle of proportionality when imposed on a person who does not made import declaration intentionally or travelers who has not been made an import declaration of their carry-on items. It examines the provisions that adopt a penalty tax as a means to secure the effectiveness of the customs law. In relation to penalty tax, the case studies of the Supreme Court and Constitutional Court of Korea are analyzed by major issues such as the legal nature of the penalty tax, whether the penalty tax is unconstitutional, and the reasons for exemption from the penalty tax. There is no reasonable basis for the high penalty tax imposed on travelers' carry-on items for which import declaration has not been made. It is necessary to unify the penalty tax imposed when an import declaration is not made and the penalty tax on traveler's carry-on items. It is necessary to establish a limit on penalty tax and to create new regulations to exempt or reduce penalty tax when punished by administrative punishment to avoid double jeopardy. It is necessary to effectively secure the effectiveness of the Customs Act by converting the penalty tax into civil penalty that does not presuppose the faithful and accurate performance of tax obligations by the taxpayer. The government revised the penalty tax system in the Customs Act in 2019, but there are still many types of penalty tax and there are elements that are unconstitutional. It seems that the Korean government should lower the burden on the people by improving the system for the penalty tax system.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.38 no.6
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• pp.941-947
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• 2018

Station transfers for smart card based railway networks refer to transfer pedestrian movements that occur at the origin and destination nodes rather than at a middle station. To calculate the optimum path for the railway network, a penalty for transfer pedestrian movement must be included in addition to the cost of within-car transit time. However, the existing link label-based path searching method is constructed so that the station transfer penalty between two links is detected. As such, station transfer penalties that appear at the origin and destination stations are not adequately reflected, limiting the effectiveness of the model. A ghost node may be introduced to expand the network, to make up for the station transfer penalty, but has a pitfall in that the link label-based path algorithm will not hold up effectively. This research proposes an optimal path search algorithm to reflect station transfer penalties without resorting to enlargement of the existing network. To achieve this, a method for applying a directline transfer penalty by comparing Ticket Gate ID and the line of the link is proposed.

• Structural Engineering and Mechanics
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• v.82 no.1
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• pp.41-53
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• 2022

We developed an accurate and simple vibration model to calculate the natural frequencies and their corresponding vibration modes for multi-span beam bridges with non-uniform cross-sections. A closed set of characteristic functions of a single-span beam was used to construct the vibration modes of the multi-span bridges, which were considered single-span beams with multiple constraints. To simplify the boundary conditions, the restraints were converted into spring constraints. Then the functional of the total energy has the same form as the penalty method. Compared to the conventional penalty method, the penalty coefficients in the proposed approach can be calculated directly, which can avoid the iteration process and convergence problem. The natural frequencies and corresponding vibration modes were obtained via the minimum total potential energy principle. By using the symmetry of the eigenfunctions or structure, the matrix size can be further reduced, which increases the computational efficiency of the proposed model. The accuracy and efficiency of the proposed approach were validated by the finite element method.

• Journal of Korea Trade
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• v.27 no.1
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• pp.176-191
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• 2023

Purpose - When recovered through arbitration a contractual penalty that is disproportionately high can become grounds for challenging an arbitral award or an obstacle to its enforcement within Russian jurisdiction. This article investigates how violation of the principle of proportionality can affect the enforcement and challenging of arbitral awards in Russia. Based on the examination of the current legislation, along with the analysis of recent court cases on the subject, the ultimate object of this article is to discern practical recommendations for Korean practitioners who are looking to challenge and/or enforce arbitral awards in Russian courts. Design/methodology - The research process included the reviewing of current Russian legislation conducted in concurrence with academic literature review, searching and analyzing recent court cases where the relevant legal provisions and concepts were applied, and formulating practical implications of the research at its final stage. Findings - Through its relation to the principle of fairness/justice the authors establish the connection between the principle of proportionality and the public policy of Russia. Analysis of recent court cases showed two conflicting trends of whether a disproportionate penalty can be considered a public policy violation. The authors offer practical recommendations on how to substantiate a relevant claim regarding contractual penalty reduction by the court, depending on the desired outcome. Originality/value - The article contains an up-to-date summary of the legal provisions on the principle of proportionality of civil liability in Russia and identifies the most recent trends in court practice on the issue that is not covered by existing studies.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.26 no.4D
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• pp.671-678
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• 2006

In this study, to describe vehicle-structure dynamic interaction phenomena with 1/4 vehicle model, nonlinear Hertzian contact spring and nonlinear contact damper are adopted. The external loads acting on 1/4 vehicle model are selfweight of vehicle and geometry information of running surface. The constraint equation on contact surface is implemented by the Penalty method with stabilization and the reaction from constraint violation. To describe pitching motion of various vehicles two types of the displacement constraint equations are exerted to connect between car bodies and between bogie frames, i.e., the rigid body connection and the rigid body connection with pin, respectively. For the time integration of dynamic equations of vehicles and structure Newmark time integration scheme is adopted. To reduce the error caused by inadequate time step size, adaptive time-stepping technique is also adopted. Thus, it is expected that more versatile dynamic interaction phenomena can be described by this approach and it can be applied to various railway dynamic problems with low computational cost.

• The Korean Society of Law and Medicine
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• v.8 no.1
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• pp.215-234
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• 2007

The mission of the doctors is to take care of human life, body and health through the medical behaviors such as diagnosis and treatment. Under this job propensity, the doctors have care duty to take the best actions required to prevent the risk according to the patients' specific disease status. Such care duty of the doctor may be evaluated based on the medical behavior level at the medical institution and clinical medical study field. Such medical level should be understood in the normative level, considering the treatment environment, condition and specialty of the behavior, because it means the medical common sense known and acknowledged to the normal doctors. While the criminal suit requires the evidence for no doubt conviction, the civil suit requires more eased different standard. The results between the criminal and civil sentence may be different, because the confirmed former case may lead to long-term imprisonment and even death penalty, while the latter case puts only monetary penalty on the defeated party.

• Structural Engineering and Mechanics
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• v.3 no.1
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• pp.35-48
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• 1995

This paper presents new frequency results for elliptical and semi-elliptical Mindlin plates of various aspect ratios, thicknesses and boundary conditions. The results were obtained using the recently developed computerized Rayleigh-Ritz method for thick plate analysis. For simply supported elliptical plates, it is proposed that the penalty function method be used to enforce the condition of zero rotation of the midplane normal in the tangent plane to the plate boundary.

• Structural Engineering and Mechanics
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• v.61 no.3
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• pp.359-370
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• 2017

This study presents a particle swarm optimization algorithm integrated with weighted particle concept and improved fly-back technique. The rationale behind this integration is to utilize the affirmative properties of these new terms to improve the search capability of the standard particle swarm optimizer. Improved fly-back technique introduced in this study can be a proper alternative for widely used penalty functions to handle existing constraints. This technique emphasizes the role of the weighted particle on escaping from trapping into local optimum(s) by utilizing a recursive procedure. On the other hand, it guaranties the feasibility of the final solution by rejecting infeasible solutions throughout the optimization process. Additionally, in contrast with penalty method, the improved fly-back technique does not contain any adjustable terms, thus it does not inflict any extra ad hoc parameters to the main optimizer algorithm. The improved fly-back approach, as independent unit, can easily be integrated with other optimizers to handle the constraints. Consequently, to evaluate the performance of the proposed method on solving the truss weight minimization problems with discrete variables, several benchmark examples taken from the technical literature are examined using the presented method. The results obtained are comparatively reported through proper graphs and tables. Based on the results acquired in this study, it can be stated that the proposed method (integrated particle swarm optimizer, iPSO) is competitive with other metaheuristic algorithms in solving this class of truss optimization problems.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.3-38
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• 2019

In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.

• International Journal of Aeronautical and Space Sciences
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• v.4 no.1
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• pp.88-98
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• 2003

Compared to the noise limits (CAN7) specified in ICAO Annex 16 for civil helicopters, the Lynx helicopter equipped with BERP blades has only 0.2 EPNdB margin in the approach case although it has more than 4 EPNdB margin in fly-over and take-off conditions. The objectives of the study described in this paper were to devise a low noise main rotor blade for the Lynx using UEAF combined with the high resolution airload model ACROT. A design requirement is that the new blade, KBERP (Korean BERP) blade should achieve a significant reduction in noise during approach(at least 6EPNdB margin) without any noise penalty in fly-over and take-off conditions and minimal performance penalty. It was decided to investigate a tip modification to the BERP blade, employing the twin vortex concept to reduce the BVI noise and to retain the excellent high speed performance characteristics of BERP. Through the parametric study, the KBERP blade with optimized twin vortices has at least a 9 EPNdB noise margin in approach flight condition with only a small penalty in fly-over and take-off conditions. The KBERP tip is thus a very cost effective wav to reduce BVI noise during approach.