• 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.

• Steel and Composite Structures
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• v.44 no.5
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• pp.741-752
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• 2022

Earlier works have shown that excessive shear stiffness at the steel-concrete interface causes a non-uniform distribution of shear force in composite structures. When the shear studs are wrapped at the fixed end with flexible materials with a low elastic modulus, the shear stiffness at the interface is reduced. The objective of this study was to investigate the effect of silicone rubber-sleeve mounted on shear studs on the shear stiffness of steel-concrete composite structures. Eighteen push-out tests were conducted to investigate the mechanical behavior of silicone rubber-sleeved shear stud groups (SRS-SSG). The dimension and arrangement of silicon rubber-sleeves (SRS) were taken into consideration. Test results showed that the shear strength of SRS-SSG was higher than that of a shear stud group (SSG), without SRS. For SRS-SSG with SRS heights of 50 mm, 100 mm, 150 mm, the shear strengths were improved by 13%, 20% and 9%, respectively, compared to the SSG alone. The shear strengths of SRS-SSG with the SRS thickness of 2 mm and 4 mm were almost the same. The shear stiffness of the SRS-SSG specimens with SRS heights of 50 mm, 100 mm and 150 mm were 77%, 67% and 66% of the SSG specimens, respectively. Test results of specimens SSG-1 and predicted values based on the three design specifications were compared. The nominal single stud shear strength of SSG-1 specimens was closest to that calculated by the Chinese Code for Design of Steel Structures (GB50017-2017). An equation is proposed to consider the effects of SRS for GB50017-2017, and the predicted values based on the proposed equation agree well with the tested results of SRS-SSG.

• Journal of Information Technology Services
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• v.22 no.5
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• pp.51-70
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• 2023

The Personal Information Protection Commission has been promoting the adoption of co-regulation to replace/improve the existing self-regulation programs since 2022. While the Commission's co-regulation framework has received positive feedback for its contribution to address the regulatory issues, it has also faced criticism for being seen as "co-regulation in appearance only without any real differentiation from existing self-regulation." This study aims to examine the case of industry-specific co-regulation proposed by the Personal Information Protection Commission, with the objectives of 1) determining whether their approach can be categorized as a type of co-regulation with differentiation from the existing self-regulation programs, and 2) proposing improvements for successful regulation. The 'co-regulation' of the Commission can be classified as a form of co-regulation that differs with traditional self-regulation, as it involves government and private organizations collaborating to establish self regulatory codes reflecting industry-specific characteristics as well as provides interest groups with incentives to comply with the codes. The co-regulation framework is evaluated to some extent as successful, but there is still room for improvement in three major aspects. (1) When selecting the areas for co-regulation, a focus should be placed on areas where technological changes are rapid, and government regulations should be applied in areas where they are not. (2) It is necessary to enhance the expertise of regulatory agencies, and (3) ensuring the democratic nature of regulation, such as encouraging the participation of civil organizations, is necessary.

• Computers and Concrete
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• v.33 no.6
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• pp.689-706
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• 2024

This study is aimed at identifying structural element stiffness influence on vertical earthquake response of mid-rise R/C frame buildings. To this aim, a mid-rise RC building structure is designed as per the new Turkish Seismic Code for Buildings-2018, and 3D FE model of the building is established. Based on the established FE model, a total number of six buildings are considered depending on certain percentage increase in beam, slab, and column. The time-history response analyses (THA) are performed separately for only horizontal (H) and horizontal +vertical (H+V) earthquake motions to make a comparison between the load cases. The analysis results are presented comparatively in terms of the monitoring parameters of the base overturning moment (M_o), the top-story lateral displacement (d_L) and the top-story vertical displacement (d_V). The obtained results reveal that the base overturning moment and the top-story vertical displacement are affected by vertical earthquake motion regardless of the increase in the dimension of beam, slab, and column. However, vertical earthquake motion is not effective on the top-story lateral displacement due to no change between H and H+V load. The dimensional increase in either slab or beam leads to a considerable increase in the base overturning moment and the top-story vertical displacement while causing decrease in the top-story lateral displacement. In addition, the dimensional increase in column has a positive effect on the decrease in the monitoring parameters of the base overturning moment (M_o), the top-story lateral displacement (d_L) and the top-story vertical displacement (d_V).

• Nuclear Engineering and Technology
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• v.56 no.6
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• pp.2343-2351
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• 2024

Accurately predicting the thermal hydraulic parameters of a transient reactor core under different working conditions is the first step toward reactor safety. Mass flow rate and temperature are important parameters of core thermal hydraulics, which have often been modeled as time series prediction problems. This study aims to achieve accurate and continuous prediction of core thermal hydraulic parameters under instantaneous conditions, as well as test the feasibility of a newly constructed gated recurrent unit (GRU) model based on the soft attention mechanism for core parameter predictions. Herein, the China Experimental Fast Reactor (CEFR) is used as the research object, and CEFR 1/2 core was taken as subject to carry out continuous predictive analysis of thermal parameters under transient conditions., while the subchannel analysis code named SUBCHANFLOW is used to generate the time series of core thermal-hydraulic parameters. The GRU model is used to predict the mass flow and temperature time series of the core. The results show that compared to the adaptive radial basis function neural network, the GRU network model produces better prediction results. The average relative error for temperature is less than 0.5 % when the step size is 3, and the prediction effect is better within 15 s. The average relative error of mass flow rate is less than 5 % when the step size is 10, and the prediction effect is better in the subsequent 12 s. The GRU model not only shows a higher prediction accuracy, but also captures the trends of the dynamic time series, which is useful for maintaining reactor safety and preventing nuclear power plant accidents. Furthermore, it can provide long-term continuous predictions under transient reactor conditions, which is useful for engineering applications and improving reactor safety.

• Tunnel and Underground Space
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• v.30 no.4
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• pp.320-334
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• 2020

This study presents an application of hydro-mechanical coupled Particle Flow Code 3D (PFC3D) to simulation of fluid injection induced fault slip experiment conducted in Mont Terri Switzerland as a part of a task in an international research project DECOVALEX-2019. We also aimed as identifying the current limitations of the modelling method and issues for further development. A fluid flow algorithm was developed and implemented in a 3D pore-pipe network model in a 3D bonded particle assembly using PFC3D v5, and was applied to Mont Terri Step 2 minor fault activation experiment. The simulated results showed that the injected fluid migrates through the permeable fault zone and induces fault deformation, demonstrating a full hydro-mechanical coupled behavior. The simulated results were, however, partially matching with the field measurement. The simulated pressure build-up at the monitoring location showed linear and progressive increase, whereas the field measurement showed an abrupt increase associated with the fault slip We conclude that such difference between the modelling and the field test is due to the structure of the fault in the model which was represented as a combination of damage zone and core fractures. The modelled fault is likely larger in size than the real fault in Mont Terri site. Therefore, the modelled fault allows several path ways of fluid flow from the injection location to the pressure monitoring location, leading to smooth pressure build-up at the monitoring location while the injection pressure increases, and an early start of pressure decay even before the injection pressure reaches the maximum. We also conclude that the clay filling in the real fault could have acted as a fluid barrier which may have resulted in formation of fluid over-pressurization locally in the fault. Unlike the pressure result, the simulated fault deformations were matching with the field measurements. A better way of modelling a heterogeneous clay-filled fault structure with a narrow zone should be studied further to improve the applicability of the modelling method to fluid injection induced fault activation.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.19 no.5
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• pp.618-625
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• 2018

With the passing of time, exposed concrete structures are affected by a range of environmental, chemical, and physical factors. These factors seep into the concrete and have a deleterious influence compared to the initial performance. The importance of identifying and preventing further performance degradation due to the occurrence of deterioration has been greatly emphasized. In recent years, evaluations of the target life have attracted increasing interest. During the freezing-melting effect, a part of the concrete undergoes swelling and shrinking repeatedly. At these times, chloride ions present in seawater penetrate into the concrete, and accelerate the deterioration due to the corrosion of reinforced bars in the concrete structures. For that reason, concrete structures located onshore with a freezing-melting effect are more prone to this type of deterioration than inland structures. The aim of this study was to develop a high performance mortar mixed with a mineral admixture for the durability properties of concrete structures near sea water. In addition, experimental studies were carried out on the strength and durability of mortar. The mixing ratio of the silica fume and meta kaolin was 3, 7 and 10 %, respectively. Furthermore, the ultra-fine fly ash was mixed at 5, 10, 15, and 20%. The mortar specimens prepared by mixing the admixtures were subjected to a static strength test on the 1st and 28th days of age and degradation acceleration tests, such as the chloride ion penetration resistance test, sulfuric acid resistance test, and salt resistant test, were carried out at 28 days of age. The chloride diffusion coefficient was calculated from a series of rapid chloride penetration tests, and used to estimate the life time against corrosion due to chloride ion penetration according to the KCI, ACI, and FIB codes. The life time of mortar with 10% meta kaolin was the longest with a service life of approximately 470 years according to the KCI code.

• Korean Security Journal
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• no.43
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• pp.177-204
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• 2015

The Korean Criminal Code ${\S}10$ (1) provides that "The act of a person who, because of mental disorder, is unable to make discriminations or to control one's will, shall not be punished". Therefore, it'll not be able to be given criminal punishment if a mentally defective person is determined to lack the criminal liability. The problem about judging the criminal liability for the mentally defective person exists in areas where the criminal law intersects with psychiatry. Although the supreme court ultimately judges whether the criminal liability by mental defectiveness exists or not, the judgment of mental defectiveness, which is biological element, needs psychiatric knowledge and it is no wonder to rely on this. In particular, a change is required in the procedure and contents of mental examination for a mentally defective person as implementation of the Civil Participation in Criminal Jury Trial. It is needed the improvement of procedure to submit more accurate mental examination and the result of it in order that jurors are able to understand the result of mental examination and make an decision. This is because jurors consisting of ordinary citizens take part in trial. For guaranteeing the precise result of mental examination in the criminal justice procedure, it is necessary to establish the pool of manpower consisting of psychiatrists or psychologists who have completed the specific educational programs about the criminal justice and legal psychiatry, and it is desired to carry out the psychiatric test with selecting appraisers who belong to a pool of manpower. Furthermore, it is required to draw up and submit the written appraisal of mental examination which is easy to be known because of considering the nonprofessional of jurors consisting of ordinary citizens in the Civil Participation in Criminal Jury Trial. In order to gain a fair verdict of the jury about whether mental defectiveness exists or not, it is recommended the prompt submission of the written appraisal of mental examination, the presentation of the written appraisal of mental examination summarizing the important contents, and making out the written appraisal of mental examination for jurors to understand it easily.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.147-162
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• 1989

The current status of the application and interpretation of the Warsaw Convention and its subsequent Protocols in Asian countries is in its fredgling stages compared to the developed countries of Europe and North America, and there is thus little published information about the various Asian governments' treatment and courts' views of the Warsaw System. Due to that limitation, the accent of this paper will be on Korea and Japan. As one will be aware, the so-called 'Warsaw System' is made up of the Warsaw Convention of 1929, the Hague Protocol of 1955, the Guadalajara Convention of 1961, the Guatemala City Protocol of 1971 and the Montreal Additional Protocols Nos. 1,2,3 and 4 of 1975. Among these instruments, most of the countries in Asia are parties to both the Warsaw Convention and the Hague Protocol. However, the Republic of Korea and Mongolia are parties only to the Hague Protocol, while Burma, Indonesia and Sri Lanka are parties only to the Warsaw Convention. Thailand and Taiwan are not parties only to the convention or protocol. Among Asian states, Indonesia, the Phillipines and Pakistan are also parties to the Guadalajara Convention, but no country in Asia has signed the Guatemala City Protocol of 1971 or the Montreal Additional Protocols, which Protocols have not yet been put into force. The People's Republic of China has declared that the Warsaw Convention shall apply to the entire Chinese territory, including Taiwan. 'The application of the Warsaw Convention to one-way air carriage between a state which is a party only to the Warsaw Convention and a state which is a party only to the Hague Protocol' is of particular importance in Korea as it is a signatory only to the Hague Protocol, but it is involved in a great deal of air transportation to and from the united states, which in turn is a party only to the Warsaw Convention. The opinion of the Supreme Court of Korea appears to be, that parties to the Warsaw Convention were intended to be parties to the Hague Protocol, whether they actually signed it or not. The effect of this decision is that in Korea the United States and Korea will be considered by the courts to be in a treaty relationship, though neither State is a signatory to the same instrument as the other State. The first wrongful death claim in Korea related to international carriage by air under the Convention was made in Hyun-Mo Bang, et al v. Korean Air Lines Co., Ltd. case. In this case, the plaintiffs claimed for damages based upon breach of contract as well as upon tort under the Korean Civil Code. The issue in the case was whether the time limitation provisions of the Convention should be applicable to a claim based in tort as well as to a claim based in contract. The Appellate Court ruled on 29 August 1983 that 'however founded' in Article 24(1) of the Convention should be construed to mean that the Convention should be applicable to the claim regardless of whether the cause of action was based in tort or breach of contract, and that the plaintiffs' rights to damages had therefore extinguished because of the time limitation as set forth in Article 29(1) of the Convention. The difficult and often debated question of what exactly is meant by the words 'such default equivalent to wilful misconduct' in Article 25(1) of the Warsaw Convention, has also been litigated. The Supreme Court of Japan dealt with this issue in the Suzuki Shinjuten Co. v. Northwest Airlines Inc. case. The Supreme Court upheld the Appellate Court's ruling, and decided that 'such default equivalent to wilful misconduct' under Article 25(1) of the Convention was within the meaning of 'gross negligence' under the Japanese Commercial Code. The issue of the convention of the 'franc' into national currencies as provided in Article 22 of the Warsaw Convention as amended by the Hague Protocol has been raised in a court case in Korea, which is now before the District Court of Seoul. In this case, the plaintiff argues that the gold franc equivalent must be converted in Korean Won in accordance with the free market price of gold in Korea, as Korea has not enacted any law, order or regulation prescribing the proper method of calculating the equivalent in its national currency. while it is unclear if the court will accept this position, the last official price of gold of the United States as in the famous Franklin Mint case, Special Drawing Right(SDR) or the current French franc, Korean Air Lines has argued in favor of the last official price of gold of the United States by which the air lines converted such francs into us Dollars in their General Conditions of Carriage. It is my understanding that in India, an appellate court adopted the free market price valuation. There is a report as well saying that if a lawsuit concerning this issue were brought in Pakistan, the free market cost of gold would be applied there too. Speaking specifically about the future of the Warsaw System in Asia though I have been informed that Thailand is actively considering acceding to the Warsaw Convention, the attitudes of most Asian countries' governments towards the Warsaw System are still wnot ell known. There is little evidence that Asian countries are moving to deal concretely with the conversion of the franc into their own local currencies. So too it cannot be said that they are on the move to adhere to the Montreal Additional Protocols Nos. 3 & 4 which attempt to basically solve many of the current problems with the Warsaw System, by adopting the SDR as the unit of currency, by establishing the carrier's absolute liability and an unbreakable limit and by increasing the carrier's passenger limit of liability to SDR 100,000, as well as permiting the domestic introduction of supplemental compensation. To summarize my own sentiments regarding the future, I would say that given the fact that Asian air lines are now world leaders both in overall size and rate of growth, and the fact that both Asian individuals and governments are becoming more and more reliant on the global civil aviation networks as their economies become ever stronger, I am hopeful that Asian nations will henceforth play a bigger role in ensuring the orderly and hasty development of a workable unified system of rules governing international commercial air carriage.

• Geophysics and Geophysical Exploration
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• v.5 no.4
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• pp.280-290
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• 2002

Three-dimensional (3-D) electromagnetic (EM) modeling algorithm has been developed using finite element method (FEM) to acquire more efficient interpretation techniques of EM data. When FEM based on nodal elements is applied to EM problem, spurious solutions, so called 'vector parasite', are occurred due to the discontinuity of normal electric fields and may lead the completely erroneous results. Among the methods curing the spurious problem, this study adopts vector element of which basis function has the amplitude and direction. To reduce computational cost and required core memory, complex bi-conjugate gradient (CBCG) method is applied to solving complex symmetric matrix of FEM and point Jacobi method is used to accelerate convergence rate. To verify the developed 3-D EM modeling algorithm, its electric and magnetic field for a layered-earth model are compared with those of layered-earth solution. As we expected, the vector based FEM developed in this study does not cause ny vector parasite problem, while conventional nodal based FEM causes lots of errors due to the discontinuity of field variables. For testing the applicability to high frequencies 100 MHz is used as an operating frequency for the layer structure. Modeled fields calculated from developed code are also well matched with the layered-earth ones for a model with dielectric anomaly as well as conductive anomaly. In a vertical electric dipole source case, however, the discontinuity of field variables causes the conventional nodal based FEM to include a lot of errors due to the vector parasite. Even for the case, the vector based FEM gave almost the same results as the layered-earth solution. The magnetic fields induced by a dielectric anomaly at high frequencies show unique behaviors different from those by a conductive anomaly. Since our 3-D EM modeling code can reflect the effect from a dielectric anomaly as well as a conductive anomaly, it may be a groundwork not only to apply high frequency EM method to the field survey but also to analyze the fold data obtained by high frequency EM method.