• Title/Summary/Keyword: Civil code

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Improvements about the Opposing Power of Tenant on the Housing Lease Protection Act (주택임대차보호법상 임차인의 대항력에 관한 개선 방안)

  • Park, Jong-Ryeol
    • The Journal of the Korea Contents Association
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    • v.15 no.7
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    • pp.193-202
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    • 2015
  • The Korean Housing Lease Act is special law of Civil Code and was enacted from March 5, 1981 as Law No. 3379 to guarantee the stability of residential life. And until January 6, 2015 there were 15 times revisions to protect the right of homeless people. However, it is true that many problems are exposed from enforcement. Because the processing without sufficient review of legislation. and it was enacted very quickly, so, at the part of opposing power that the Article 3 Paragraph 1 "if the housing tenant was delivered rental housing and finish the resident registration, from the day after even if the owner of the house was changed as third party tenant can resist with lease right". In addition, this provision made housing problems of the socially disadvantaged more seriously and the country did not made any way to protect this problems so many issues have been raised and a lot of disputes relating to Housing Lease. Therefore, in this paper derives a problem about opposing power of the Housing Lease Act for tenants of residential stability, and through the foreign legislation case, it propose the improvement to contribute to the residential stability realistically.

Heat Insulation Characteristics of Multi Layer Materials for Greenhouse (시설원예용 조합형 다겹보온자재의 보온 특성)

  • Chung, Sung-Won;Kim, Dong-Keon;Lee, Suk-Gun;Nam, Sang-Heon;Lee, Yong-Beom
    • Journal of Bio-Environment Control
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    • v.18 no.4
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    • pp.341-347
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    • 2009
  • Experiments and computations were conducted to investigate the heat insulation characteristics of multi layer materials for cultivation greenhouse. In case of the experiments, measurements of temperature were carried out with a K-type thermocouples and data logger to research the heat transfer in the experimental module generated by the heat source. A thermal conductivity meter, QTM-500 based on modified transient hot wire method was used to measure the thermal conductivity of multi layer materials. The numerical analyses were performed by commercial code CFX-11 according to the variation of multi layer materials without air layer. The experimental results showed that the heat insulation of multi layer materials was higher than single layer materials by 50~90%. It was found that the effect of heat insulation was raised by the combination of multi layer materials.

Initial Imperfection and Axial Strength of Struts with Octagonal Hollow Section fabricated from HR Plate (열연강판 팔각강관 버팀보의 초기편심과 축방향 압축강도)

  • Jo, Jae Byung
    • Journal of Korean Society of Steel Construction
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    • v.27 no.1
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    • pp.23-30
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    • 2015
  • Developed in this study were Octagonal-hollow-section(OHS) struts, whose compressive strengths against flexural and local buckling is higher than H-shape or rectangular-hollow-section(RHS) struts with the same unit weight. OHS members are also advantageous in handling and storing compared to circular hollow sections(CHS). OHS members were fabricated from HR Plates by cold forming and fillet welding. 5 numbers of 20m long OHS struts were assembled, each of which consist of two 9.6m long OHS member and two end connection elements made of cast iron. The compressive strength of the OHS strut was evaluated by comparing the test results, design codes and FEM analysis each other. Test results show that all of the struts have almost same or larger compressive strength than Korean Road Bridge Design Code(KRBDC) (2012). The initial imperfections can be estimated by using measured strains and are turned out to be less than L/450 for all the struts tested. The results of FEM analysis show that the variation of initial imperfection has less effects on the compressive strength for struts with vertical surcharge than for those with self-weight only, while the strength decreases as the initial imperfection increases. As the result of this study, the allowable initial imperfection for 20m long OHS struts is recommended to be less than L/350 on job sites.

Mixing Analysis of Oil Spilled into the River by GPS-equipped Drifter Experiment and Numerical Modeling (GPS 부자 실험과 수치모델링에 의한 하천에 유입된 유류오염물질의 거동 해석)

  • Jang, Juhyoung;Jong, Jaehun;Mun, Hyunsaing;Kim, Kyunghyun;Seo, Ilwon
    • Journal of Korean Society on Water Environment
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    • v.32 no.3
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    • pp.243-252
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    • 2016
  • In cases of water pollution accidents, accurate prediction for arrival time and concentration of contaminants in a river is essential to take proper measures and minimize their impact on downstream water intake facilities. It is critical to fully understand the behavior characteristics of contaminants on river surface, especially in case of oil spill accidents. Therefore, in this study, the effects of main parameters of advection and diffusion of contaminants were analyzed and validated by comparing the results of Lagrangian particle tracking (LPT) simulation of Environmental Fluid Dynamic Code (EFDC) model with those of Global Position System (GPS)-equipped drifter experiment. Prevention scenario modeling was accomplished by taking cases of movable weir operation into account. The simulated water level and flow velocity fluctuations agreed well with observations. There was no significant difference in the speed of surface particle movement between 5 and 10 layer modeling. Therefore, 5 layer modeling could be chosen to reduce computational time. It was found that full three dimensional modeling simulated wind effects on surface particle movements more sensitively than depth-averaged two dimensional modeling. The diffusion range of particles was linearly proportional to horizontal diffusivity by sensitivity analysis. Horizontal diffusivity estimated from the results of GPS-equipped drifter experiment was 0.096 m2/sec, which was considered to be valid for applying the LPT module in this area. Finally, the scenario analysis results showed that particle movements could be stagnant when discharge from the upstream weir was reduced, implying the possibility of securing time for mitigation actions such as oil boom installation and wiping oil contaminants. The outcomes of this study can help improve the prediction accuracy of particle tracking simulation to establish the most suitable mitigation plan considering the combination of movable weir operation.

Mechanical Properties of Concrete with Statistical Variations (통계적 분산을 고려한 콘크리트의 역학적 특성)

  • Kim, Jee-Sang;Shin, Jeong-Ho
    • Journal of the Korea Concrete Institute
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    • v.21 no.6
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    • pp.789-796
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    • 2009
  • The randomness in the strength of a RC member is caused mainly by the variability of the mechanical properties of concrete and steel, the dimensions of concrete cross sections, and the placement of reinforcing bars and so on . Among those variations, the randomness and uncertainty of mechanical properties of concrete, such as compressive strength, tensile strength, and elastic modulus give the most significant influences and show relatively large statistical variations. In Korea, there has been little effort for the construction of its own statistical models for mechanical properties of concrete and steel, thus the foreign data have been utilized till now. In this paper, variability of compressive strength, tensile strength and elastic modulus of normal-weight structural concrete with various specified design compressive strength levels are examined based on the data obtained from a number of published and unpublished sources in this country and additional laboratory tests done by the authors. The inherent probabilistic models for compressive and tensile strength of normal-weight concrete are proposed as Gaussian distribution. Also, the relationships between compressive and splitting tensile strength and between compressive strength and elastic modulus in current KCI Code are verified and new ones are suggested based on local data.

Reversed Cyclic Load Tests on Deep Beam-and-Exterior Column Joints (깊은보-외부기둥 접합부의 반복 횡하중 실험)

  • Ko, Dong-Woo;Lee, Han-Seon
    • Journal of the Korea Concrete Institute
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    • v.19 no.3
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    • pp.265-273
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    • 2007
  • The most common structural system for apartment buildings in Korea is adopted to combine structural systems: for example, a moment-resisting frame will be used for lower stories and bearing wall system for the upper stories. This type of buildings have soft and/or weak stories in lower stories, and it may lead to collapse of those buildings during the large earthquake. Reversed cyclic load tests were conducted to estimate the performance and behavioral characteristics of deep beam and exterior column Joints. Experimental parameter is the amount of transverse reinforcement (designed by ACI code and Sheikh's procedure). The results of this study are as follows: (1) The required transverse reinforcement of column designed by Sheikh's procedure requires 2.9 times larger than that designed by ACI procedure. Large amount of transverse reinforcement increase the ductility of the column. (2) Most of the lateral drift in the column is due to the flexural deformation in the joint and plastic hinge region and up-lift rotation. (3) Transverse reinforcement in the exterior column shall be required not only in the hinge region but also in the joint.

The Detection of Heat Emission to Solar Cell using UAV-based Thermal Infrared Sensor (UAV 기반 열적외선 센서를 이용한 태양광 셀의 발열 검출)

  • Lee, Geun Sang;Lee, Jong Jo
    • Journal of Korean Society for Geospatial Information Science
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    • v.25 no.1
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    • pp.71-78
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    • 2017
  • Many studies have been implemented to manage solar plant being supplied widely in recent years. This study analyzed heat emission of solar cell using unmanned aerial vehicle(UAV)-based thermal infrared sensor, and major conclusions are as belows. Firstly, orthomosaic image and digital surface model(DSM) data were acquired using UAV-based RGB sensor, and solar light module layer necessary to analyze the heat emission of solar cell was constructed by these data. Also as a result of horizontal error into validation points using virtual reference service(VRS) survey for evaluating the location accuracy of solar light module layer, higher location accuracy could be acquired like standard error of $dx={\pm}2.4cm$ and $dy={\pm}3.2cm$. And this study installed rubber patch to test the heat emission of solar cell and could analyzed efficiently the location of rubber patch being emitted heat using UAV-based thermal infrared sensor. Also standard error showd as ${\pm}3.5%$ in analysis between calculated cell ratio by rubber patch and analyzed cell ratio by UAV-based thermal infrared sensor. Therefore, it could be efficiently analyzed to heat emission of solar cell using UAV-based thermal infrared sensor. Also efficient maintenance of solar plant could be possible through extracting the code of solar light module being emitted of heat automatically.

A critical review on informed consent in the revised Medical Law (개정 의료법상 설명의무에 관한 비판적 고찰)

  • Hyun, Dooyoun
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.3-35
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    • 2017
  • The Supreme Court of Korea first admitted compensation for damages caused by breach of informed consent in 1979. From then on, specific details of informed consent are shaping up and developing through court precedents. The duty of informed consent of doctor is based on article 10 of the Constitution and medical contract, and is expressly prescribed Article 12 of Framework Act on Health and Medical Services and other acts and regulations. By the way, the regulations about duty of informed consent of doctor have been established in Medical Law revised on December 20, 2016, and the revised Medical Law will be implemented on June 21, 2017. According to the revised Medical Law, medical practices subject to description and consent are operation, blood transfusion and general anesthesia that threaten to cause serious harm to human life or to the body. When performing these medical activities, the written consent must be explained and agreed upon in advance. If a doctor violates the law, he will incur fines of less than 3 million won. Comparing and viewing the revised Medical Law and existing legal principles about the duty of informed consent, we can confirm that there is a substantial difference between the two parties. Accordingly, despite the implementation of the revised medical law, the existing legal principles are unlikely to be affected. However, from the perspective of legal uniformity and stability, it is undesirable that legal judgments on the same issues differ from each other. The revised Medical Law about informed consent needs to be reformed according to existing legal principles. And, as in the case of Germany, it is desirable to include the matters concerning informed consent in the civil code.

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A Study on the Important Clause of International Sales Contract (국제물품매매계약(國際物品賣買契約)의 주요 조항(條項)에 관한 연구(硏究))

  • Park, Nam-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.18
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    • pp.27-62
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    • 2002
  • The international sale contract is the central contracts in export-import transactions. A good sale contract or set of general conditions of sale will cover all the principal elements of the transaction, so that uncertainties are avoided. The parties' respective duties as concern the payment mechanism, transport contract and insurance responsibilities, inter alia, will all be clearly detailed in the contract. The following key clauses should be included in international contracts of sale and general conditions of sale: ${\bullet}$ preamble ${\bullet}$ identification of parties ${\bullet}$ description of goods ${\bullet}$ price and payment conditions ${\bullet}$ delivery periods and conditions ${\bullet}$ inspection of the goods - obligations and limitations ${\bullet}$ quantity or quality variations in the products delivered ${\bullet}$ reservation of title and passing of property rights ${\bullet}$ transfer of risk - how accomplished ${\bullet}$ seller's warranties and buyer's complaints ${\bullet}$ assignment of rights ${\bullet}$ force majeure clause and hardship clause ${\bullet}$ requirement that amendments and modifications be in writing ${\bullet}$ choice of law ${\bullet}$ choice of dispute resolution mechanism Under most systems of law, a party can be excused from a failure to perform a contract obligation which is caused by the intervention of a totally unforeseeable event, such as the outbreak of war, or an act of God such as an earthquake or hurricane. Under the American commercial code (UCC) the standard for this relief is one of commercial impracticability. In contrast, many civil law jurisdictions apply the term force majeure to this problem. Under CISG, the standard is based on the concept of impediments to performance. Because of the differences between these standards, parties might be well advised to draft their own force majeure, hardship, or excusable delays clause. The ICC publication, "Force Majeure and Hardship" provides a sample force majeure clause which can be incorporated by reference, as well as a hardship clause which must be expressly integrated in the contract. In addition, the ICC Model provides a similar, somewhat more concise formulation of a force majeure clause. When the seller wishes to devise his own excusable delays clause, he will seek to anticipate in its provision such potential difficulties as those related to obtaining government authorisations, changes in customs duties or regulations, drastic fluctuations in labour, materials, energy, or transportation prices, etc.

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Evaluation on Structural Performance of Precast Bridge Deck Joint using HSFRC (고강도 강섬유보강콘크리트를 적용한 프리캐스트 바닥판 이음부의 구조성능 평가)

  • Lee, Han-Joo;Chung, Chul-Hun;Shin, Dong-Ho;Park, Se-Jin;Kim, In-Gyu
    • Journal of the Korea institute for structural maintenance and inspection
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    • v.21 no.6
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    • pp.196-205
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    • 2017
  • In precast deck system, structural performance and serviceability are mostly determined by the connection methods between the precast decks. This study proposes precast deck system with asymmetric ribbed connection details using High Strength Fiber Reinforced Concrete(HSFRC) with filler. To verify the proposed method, the flexural performance experiment was carried out with variation of joint cross section type and splice rebar details. From the test results, regardless of joint details, spliced tensile rebars of specimens were deformed to yielding strain level. Also, all types of specimens resulted in sufficient flexural performance. These test results show that the minimum lap splice length specified in current Korea Highway Bridge Design Code is conservative for precast deck joint using HSFRC. Therefore, splice details can be simplified and joint width can be reduced by using HSFRC with filler between the precast decks, and the proposed precast deck systems can be applied to the connection part of precast decks effectively.