• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.36
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• pp.3-26
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• 2007

This article attempts to describe and analyze discussions on the matter of ex tunc effect or a ex nunc effect of rescission under Korean law in comparison with those under the CISG). In addition, it tries to scrutinize the various rules on the right to damages as an effect of rescission in a comparative way. Furthermore, it compares the various rules of Korean law with the CISG as to the right to damages and evaluates them in light of the discipline of comparative law. It maintains that the liquidation theory in Korean law is more close to the CISG in that there is no ex tunc effect in rescission and in other aspects. It also argues that the construction of the effects of rescission in accordance with the liquidation theory is more plausible when one considers Korea is one of the contracting states of the CISG. In addition, the theoretical analysis and the comparative study with the CISG shows that the insistence of ex nunc effect and its interpretation on the scope of damages extends to damages for expectation interest. It is also submitted that the position under the CISG on the assumption of ex nnuc effect, is regretted in that the restitution in value of the goods in the event of impossibility of the physical restitution is not allowed in some cases which the damage claims can not be awarded for the seller due to the application of the CISG Art. 79.

• Journal of the Korean Society for Advanced Composite Structures
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• v.2 no.4
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• pp.35-43
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• 2011

This study examined the structural behaviors of foam insulated concrete sandwich panels subjected to uniform pressure. Finite element models were used to simulate the detailed shear resistance of connectors and the nonlinear behaviors of concrete, foam and rebar components. The models were then validated using data from static tests performed at the University of Missouri. Both composite and non-composite action had a significant effect on the response of the foam insulated concrete sandwich panels, indicating that the simulated shear tie resistance should indeed be incorporated in numerical analyses. The modeling approach used here conveniently simulated the structural behaviors during all loading stages (elastic, yielding, ultimate and post-failure) and was compatible with the American Concrete Institute (ACI) Code and existing design practices. The results of this study will therefore provide useful guidelines for the analysis and design of foam insulated sandwich panels under both static and dynamic loadings.

• Journal of Korean Society of Steel Construction
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• v.26 no.5
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• pp.473-483
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• 2014

According to the Korean Building Code (KBC), the validity of the application of 800MPa grade steel(HSA800) to composite column should be verified by experimental or analytical method. Thus, stub column tests for encased and filled composite members with HSA800 steel were conducted, and axial strength and the validity of design compressive strength equations in KBC were evaluated. The test results show that the equation of the compressive strength of encased composite column member in KBC should be modified in order to use HSA800 steel without any reduction of specified minimum yield strength. For this purpose, it is suggested that the interval of hoop should be narrowed and the effective concrete area should be used. The equation of the compressive strength of filled composite column member in KBC is applicable to filled composite column with HSA800 steel without any modification.

• Journal of the Korea Concrete Institute
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• v.21 no.6
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• pp.737-744
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• 2009

In this study, the flexural behavior of steel fiber reinforced ultra high performance concrete (UHPC) was investigated. It presents experimental results of steel fiber reinforced UHPC with steel fiber content of 2% by volume and steel reinforcement ratio of less than 0.02. This study aims at providing more information about UHPC beams in bending in order to establish a reasonable prediction model for flexural resistance and deflection in structural code in the future. The experimental results show that UHPC is in favor of cracking behavior and ductility of beams, and that the ductility indices range from 6.29 to 10.44, which means high ductility of UHPC. Also, the flexural rigidity of beam whose cast is begun from end of beam is larger than that of beam whose cast is begun from midspan of beam. This result represents that the flexural rigidity is affected by the placing method of UHPC.

• Journal of the Earthquake Engineering Society of Korea
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• v.22 no.5
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• pp.261-269
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• 2018

This study examines earthquake-induced sloshing effects on liquid storage tanks using computation fluid dynamics. To achieve this goal, this study selects an existing square steel tank tested by Seismic Simulation Test Center at Pusan National University as a case study. The model validation was firstly performed through the comparison of shaking table test data and simulated results for the water tank subjected to a harmonic excitation. For a realistic estimation of the wall pressure response of the water tank, three recorded earthquakes with similar peak ground acceleration are applied:1940 El Centro earthquake, 2016 Gyeongju earthquake, and 2017 Pohang earthquake. Wall pressures monitored during the dynamic analyses are examined and compared for different earthquake motions and monitoring points, using power spectrum density. Finally, the maximum dynamic pressure for three earthquakes is compared with the design pressure calculated from a seismic design code. Results indicated that the maximum pressure from the El Centro earthquake exceeds the design pressure although its peak ground acceleration is less than 0.4 g, which is the design acceleration. On the other hand, the maximum pressure due to two Korean earthquakes does not reach the design pressure. Thus, engineers should not consider only the peak ground acceleration when determining the design pressure of water tanks.

• Computers and Concrete
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• v.2 no.4
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• pp.249-266
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• 2005

In the present paper a transient three-dimensional thermo-mechanical model for concrete is presented. For given boundary conditions, temperature distribution is calculated by employing a three-dimensional transient thermal finite element analysis. Thermal properties of concrete are assumed to be constant and independent of the stress-strain distribution. In the thermo-mechanical model for concrete the total strain tensor is decomposed into pure mechanical strain, free thermal strain and load induced thermal strain. The mechanical strain is calculated by using temperature dependent microplane model for concrete (O$\check{z}$bolt, et al. 2001). The dependency of the macroscopic concrete properties (Young's modulus, tensile and compressive strengths and fracture energy) on temperature is based on the available experimental database. The stress independent free thermal strain is calculated according to the proposal of Nielsen, et al. (2001). The load induced thermal strain is obtained by employing the biparabolic model, which was recently proposed by Nielsen, et al. (2004). It is assumed that the total load induced thermal strain is irrecoverable, i.e., creep component is neglected. The model is implemented into a three-dimensional FE code. The performance of headed stud anchors exposed to fire was studied. Three-dimensional transient thermal FE analysis was carried out for three embedment depths and for four thermal loading histories. The results of the analysis show that the resistance of anchors can be significantly reduced if they are exposed to fire. The largest reduction of the load capacity was obtained for anchors with relatively small embedment depths. The numerical results agree well with the available experimental evidence.

• Geomechanics and Engineering
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• v.23 no.5
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• pp.455-466
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• 2020

This paper presents analysis of the interaction between tunnel and Qanat with a particular interest for the optimization of Qanat shape using the discrete element code, PFC2D, and the results will be compared with the FEM results of PLAXIS2D. For these concerns, using software PFC2D based on Discrete Element Method (DEM), a model with dimension of 100m ^⁎ 100 m was prepared. A circular tunnel with dimension of 9 m was situated 20 m below the ground surface. Also one Qanat was situated perpendicularly above the tunnel roof. Distance between Qanat center and ground surface was 8 m. Five different shapes for Qanat were selected i.e., square, semi-circular, vertical ellipse, circular and horizontal ellipse. Confining pressure of 5 MPa was applied to the model. The vertical displacement of balls situated in ground surface was picked up to measure the ground subsidence. Also two measuring circles were situated at the tunnel roof and at the Qanat roof to check the vertical displacements. The properties of the alluvial soil of Tehran city are: γ_dry=19 (KN/㎥), E= 750 (kg/㎠), ν=0.35, c=0.3(kg/㎠), φ=34°. In order to validate the DEM results, a comparison between the numerical results (obtained in this study) and analytical and field monitoring have been done. The PFC2D results are compared with the FEM results. The results shows that when Qanat has rectangular shape, the tensile stress concentration at the Qanat corners has maximum value while it has minimum value for vertical ellipse shape. The ground subsidence for Qanat rectangular shape has maximum value while it has minimum value for ellipse shape of Qanat. The vertical displacements at the tunnel roof for Qanat rectangular shape has maximum value while it has minimum value for ellipse shape of Qanat. Historical shape of Qante approved the finding of this research.

• Nuclear Engineering and Technology
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• v.52 no.2
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• pp.397-416
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• 2020

Investigations of the commercial aircraft impact effect on nuclear island infrastructures have been drawing extensive attention, and this paper aims to perform the safety assessment of Generation III nuclear power plant (NPP) buildings subjected to typical commercial aircrafts crash. At present Part II, based on the verified finite element (FE) models of aircrafts Airbus A320 and A380, as well as the NPP containment and auxiliary buildings in Part I of this paper, the whole collision process is reproduced numerically by adopting the coupled missile-target interaction approach with the finite element code LS-DYNA. The impact induced damage of NPP plant under four impact locations of containment (cylinder, air intake, conical roof and PCS water tank) and two impact locations of auxiliary buildings (exterior wall and roof of spent fuel pool room) are evaluated. Furthermore, by considering the inner structures in the containment and raft foundation of NPP, the structural vibration analyses are conducted under two impact locations (middle height of cylinder, main control room in the auxiliary buildings). It indicates that, within the discussed scenarios, NPP structures can withstand the impact of both two aircrafts, while the functionality of internal equipment on higher floors will be affected to some extent under impact induced vibrations, and A380 aircraft will cause more serious structural damage and vibrations than A320 aircraft. The present work can provide helpful references to assess the safety of the structures and inner equipment of NPP plant under commercial aircraft impact.

• Journal of Arbitration Studies
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• v.19 no.2
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• pp.197-227
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• 2009

This study describe the brief history and current statutes of Philippine arbitration. The practice of arbitration in the Philippines can be traced as far back as the barangay. From 1521, Spanish Civil Code became effective in the Philippines. During this period, the Supreme court was discouraged by the tendency of some courts to nullify arbitration clauses on the ground that the clauses ousted the judiciary of its jurisdiction. According to the growing need for a law regulating arbitration in general was acknowledged when Republic Act No.876(1953), otherwise known as the Arbitration Law, was passed. In 1958, the Philippines became a signatory to the New York Convention and in 1967 the said Convention was ratified. But no legislation has been passed. As a consequence, foreign arbitral awards have sometimes been deemed only presumptively valid, rather than conclusively valid. Fifty years after, the Philippine Congress enacted, Republic Act No. 9285, otherwise know as the Alternative Dispute Resolution Act of 2004. The enactment was the Philippines solution to making arbitration an efficient and effective method specially for international arbitration. To keep pace with the developments in international trade, ADR Act of 2004 also ensured that international commercial arbitration would be governed by the UNCITRAL Model Law on International Arbitration and also fortified the use and purpose of the New York Convention by specifically mandating. If the international commercial arbitration will be revitalization in the near future in the Philippine, it will be shown that the model law's comprehensive provisions will give the beat framework for arbitration.. The writer expect that Philippines continues in its effort to be the premier site for international arbitration in Southeast Asia.

• Journal of the Korean Geotechnical Society
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• v.21 no.2
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• pp.37-46
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• 2005

In the field of earthquake engineering, recent improvements in many areas, such as seismological source modeling, analysis of travel path effects, and characterization of local site effects on strong shaking, have led to significant advances in both code-based and more advanced procedures for evaluating earthquake ground motions. A missing link, however, is empirically verified design procedures fur assessing the effects of soil-structure interaction (SSI). Available Soil-Structure Interaction (SSI) analysis techniques range from simple substructure-type procedures to relatively sophisticated finite element procedures. The most common substructure approach for foundation-soil interaction is to use a frequency-dependent and complex-valued impedance function. This study uniquely evaluates impedance functions for two well-instrumented sites w significant inertial SSI effects using a system Identification technique. The system identification analysis results are then compared to predictions from a simple theoretical model to gain insight into the inertial interaction effect in the subject sites.