• Title/Summary/Keyword: Civil code

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International Airfares and Application of Competition Laws (국제항공운임과 국내 경쟁법규의 적용)

  • Shin, Dong-Chun
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.93-125
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    • 2011
  • The International Civil Aviation Convention (Chicago Convention) has been a backbone of international air transport system whereby air transport between States should be based on bilateral agreements, and in particular, international airfares, which are set up through IATA(International Air Transport Association) rate-fixing machinery could be approved by the governments concerned. International airfares are fares for transporting passenger and freight and their conditions between two or more countries. However, since U.S. pursued th deregulation policy in 1978 whereby routes, capacity and fares could be freely determined by airlines, many States have been following so called open-skies agreements. In many cases, aeronautical and competent authorities have been reviewing whether airlines' commercial activities including air fares could possibly conflict with free competition rules envisaged in relevant laws and regulations. As competition among airlines gets intense, airlines often resort to cooperation with other airlines in the forms such as equity exchange, M&A, code-sharing, fares consultation and resource pooling, mainly with a view to effectively use resources available and to avoid monopoly situation resulting from excessive and destructive competition among players. Whereas bearing in mind that application of competition laws is important to secure consumers' interests by preventing airlines's malpractices such as bargaining exorbitant fares, it is also important to comprehensively consider as many factors as possible, from that unilateral measure by governments may bring about retaliatory measures by the governments affected, to that airlines' cooperative practices may rather increase consumers' benefits by lowering air fares.

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Effective Moment of Inertia of Flexural Members Based on the Concrete Stress-Strain Curve in EC-2 (EC-2의 콘크리트 응력-변형률 곡선에 기반한 휨부재의 유효단면2차모멘트)

  • Yum, Hwan-Seok;Kim, Woo
    • Journal of the Korea Concrete Institute
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    • v.28 no.6
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    • pp.655-663
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    • 2016
  • The present study shows the moment-average curvature relationship and effective inertia moment of RC beams obtained from the nonlinear analysis based on the parabola-rectangular stress-strain curve defined in EC-2 code. The variables examined are concrete strength and steel ratio, and moment-average curvature relationship and effective inertia moment obtained are compared with those of the current KCI provisions. As the results of the comparison, the followings could be said: Since the KCI provisions(the Branson method) were originally derived based on the experimental data ranged from 2.2 to 4 of $M/M_{cr}$ and 1.3 to 3.5 of $I_{ut}/I_{cr}$, thereby within these ranges the inertia moments obtained from the nonlinear analysis are closely agreed with those predicted by the Branson method. However, beyond those range the remarkable difference could be found between the two results. In particular, for beams having low steel ratio the inertia moment resulted from the nonlinear analysis are significantly smaller than those obtained from the KCI(Branson) method. This result may imply that the deflection of lightly reinforced members, such as slabs in buildings, becomes much larger than those calculated according to the current design provisions.

Study on the Electronic Contract (전자계약에 관한 연구)

  • Kim, Jae-Nam;Park, Jong-Ryeol
    • Journal of the Korea Society of Computer and Information
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    • v.19 no.6
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    • pp.129-138
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    • 2014
  • The Electronic contract means creation sign management and storage of contract by online without limitations of the time and space through the electronic signature and encode which based on the Certificate instead of the past that treatment the contract such as creation sign management and storage of contract by face-to-face. Recently, the remarkable development of information and communication technology with supplying the high-speed Internet services. Accordingly, the transaction contract made by these also, the steady legal effect occurred by two or more parties by legal action which is the electronic agreement of expression. and it makes agreement improving corporate productivity and it can control the whole process such as contract documents and the actual buying store provision. Like this it has many benefits so, it suddenly rising as the new axis of economic activity area, it is a reality. In this change of era, with the establishment of electronic contracts, there are many problems are occurred to the expression of parties which is core of the contract on civil code so, the systematic legal composition is required. Thus, in this study will propose the reasonable improvements about the issue of electronic contract through the consideration.

Application of MPI Technique for Distributed Rainfall-Runoff Model (분포형 강우유출모형 병렬화 처리기법 적용)

  • Chung, Sung-Young;Park, Jin-Hyeog;Hur, Young-Teck;Jung, Kwan-Sue
    • Journal of Korea Water Resources Association
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    • v.43 no.8
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    • pp.747-755
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    • 2010
  • Distributed Models have relative weak points due to the amount of computer memory and calculation time required for calculating water flow using a numerical analysis based on kinematic wave theory when compared to the conceptual models used so far. Typically, the distributed models have been mainly applied to small basins. It was necessary to decrease the resolution of the grid to make it applicable for large scale watersheds, and because it would take up too much time to calculate using a higher resolution. That has been one of the more difficult factors in applying the model for actual work. In this paper, MPI (Message Passing Interface) technique was applied to solve the problem of calculation time as it is one of the demerits of the distributed model for performing physical and complicated numerical calculations for large scale watersheds. The comparison studies were performed a single domain and a divided small domain in Yongdam Dam watershed in case of typoon 'Ewiniar' at 2006. They were compared to analyze the application effects of parallelization technique. As a result, a maximum of 10 times the amount of calculation time was saved but keeping the level of quality for discharge by using parallelization code rather than a single processor.

Service Life Variation for RC Structure under Carbonation Considering Korean Design Standard and Design Cover Depth (국내설계기준과 피복두께를 고려한 RC 구조물의 탄산화 내구수명의 변동성)

  • Kim, Yun-Shik;Kwon, Seung-Jun
    • Journal of the Korea institute for structural maintenance and inspection
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    • v.25 no.5
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    • pp.15-23
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    • 2021
  • In this paper, service life for RC(Reinforced Concrete) substructure subjective to carbonation was evaluated through deterministic and probabilistic method considering field investigation data and Design Code(KDS 14 20 40). Furthermore changes in service life with increasing COV(Coefficient of Variation) and equivalent safety index meeting the same service life were studied. From the investigation, the mean and its COV of cover depth were evaluated to 70.0 ~ 90.0 mm and 0.2, respectively. With intended failure probability of 10.0 % and 70 mm of cover depth, service life decreased to 137 years, 123 years, and 91 years with increasing COV of 0.05, 0.1, and 0.2, respectively. In the case of 80 mm of cover depth, it changes to 179 years, 161 years, and 120 years with increasing COV. The equivalent safety index meeting the same service life from deterministic method showed 1.66 ~ 3.43 for 70 mm of cover depth and 1.61 ~ 3.24 for 80 mm of cover depth, respectively. The various design parameters covering local environment and quality condition in deterministic method yields a considerable difference of service life, so that determination of design parameters are required for exposure conditions and parameter variation.

A Study of Minimum Reinforcement Ratio of Singly Reinforced Beamy (단철근 보의 최소철근비에 대한 고찰)

  • Choi, Seung-Won
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.22 no.4
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    • pp.396-402
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    • 2021
  • A cross section in RC flexural members must be designed to satisfy flexural strength and ductility requirements simultaneously. In design provisions, ductile behavior is ensured by a sufficient reinforcement ratio or depth of the neutral axis. If the reinforcement ratio is less than the balanced reinforcement ratio, ductile behavior is secured, and this value is theoretically the maximum reinforcement ratio. But for a cross section with less steel, brittle failure can occur regardless of ductile behavior because of unqualifying a cracking moment. Recently, designs with a minimum steel ratio have been increasing along with the use of high-strength material, so in design provisions, a minimum amount of reinforcement is suggested. In the KCI(2012) standard, a minimum amount of reinforcement was suggested in terms of strength of steel and concrete. But in the revised KCI(2017) standard, a minimum amount of reinforcement was suggested by a relationship between the design flexural strength and cracking moment indirectly. This code can reflect the effect of cover thickness, but a material model must be defined. Therefore, the minimum amount of reinforcement in KCI(2012) and KCI(2017) was examined, and a rational review method was studied by parametric analysis.

Numerical Analysis for Dynamic Characteristics of Next-Generation High-Speed Railway Bridge (차세대 고속철 통과 교량의 동적특성에 대한 수치해석)

  • Oh, Soon-Taek;Lee, Dong-Jun;Yi, Seong-Tae;Jeong, Byeong-Jun
    • Journal of the Korea institute for structural maintenance and inspection
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    • v.26 no.2
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    • pp.9-17
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    • 2022
  • To take into account of the increasing speed of next generation high-speed trains, a new design code for the traffic safety of railway bridges is required. To solve dynamic responses of the bridge, this research offers a numerical analyses of PSC (Pre-stressed Concrete) box girder bridge, which is most representative of all the bridges on Gyungbu high-speed train line. This model takes into account of the inertial mass forces by the 38-degree-of-freedom and interaction forces as well as track irregularities. Our numerical analyses analyze the maximum vertical deflection and DAF (Dynamic Amplification Factor) between simple span and two-span continuous bridges to show the dynamic stability of the bridge. The third-order polynomial regression equations we use predict the maximum vertical deflections depending on varying running speeds of the train. We also compare the vertical deflections at several cross-sectional positions to check the influence of running speeds and the maximum irregularity at a longitudinal level. Moreover, our model analyzes the influence lines of vertical deflection accelerations of the bridge to evaluate traffic safety.

A study on the Shift of Burden of Proof in Medical Malpractice - Ruling of Jeonju Appellate Court 2017Na9346 - (의료과오소송에서의 증명책임에 대한 소고 -전주지방법원 2017. 7. 21. 선고 2017나9346판결-)

  • Lee, Soo-Kyoung;Yoon, Seok-Chan
    • The Korean Society of Law and Medicine
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    • v.22 no.2
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    • pp.49-79
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    • 2021
  • Due to defendant's wrongful act by implant surgery, plaintiff has been suffered serious damages to his face and teeth, and pain caused by establishing implanted teeth. Jeonju Appellate Court sentenced to pay future medical expenses and alimony to the plaintiff in compensation for breach of duty or torts. The ruling is designed to relieve the burden of proof because it is extremely difficult for non-experts to determine whether dentists violated their 'duty of care' or whether there was a causal relationship between damages to medial treatment. It was judged that if symptoms that contributed to the patient's significant outcome occurred during or after surgery, such symptoms could be presumed to have been caused by medical negligence if indirect facts were proven to be other than medical negligence. Originally, the shifting of burden of proof in Germany, has already been developed in medical malpractice case since 1940s. In order to guarantee the patients' right, §630h German Civil Code (BGB) - presumption of negligence in the realization of controllable risk- has been also legislated. BGH (Bundesgerichtshof) has been interested in ensuring that the principle of equality between patients and doctors. So, in this study, we wanted to refer to German precedent cases to analyzing Korean medical malpractice lawsuit. In particular, the decision could be significant in that it approaches closer to allows the shifting burden of proof in drastically growing dental malpractice cases. This is clearly confirmed in the judgment of the dentist's "fault" that "if indirect facts about the symptom or occurrence are proven to be cause other than medical negligence, such symptoms can be presumed to be due to medical negligence."

The Prohibition Against Medical Refusal and the Principle of Private Autonomy in Medical Contracts (보건의료관련 법률의 진료거부금지에 관한 규정이 의료계약에서 계약의 자유를 제한하는지에 관하여)

  • Yi, Jaekyeong
    • The Korean Society of Law and Medicine
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    • v.22 no.2
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    • pp.81-109
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    • 2021
  • This paper review about the relationship between the prohibition against medical refusal and the principle of private autonomy in medical contracts. The obligation to this Prohibition in Medical Law does not restrict the liberty of contracting a medical contract. On the other hand, the prohibition limits the freedom to terminate medical contracts. Medical contracts can be terminated if the trust between doctors and patients is vanished. However certain restrictions should be placed on termination of the medical contract, because termination of the contract should not be detrimental to patients' health. According to the current medical law the medical contract is to be enforced in principle and can be revoked only with justifiable reason. At the Civil Code on Medical Contracts the freedom to terminate the medical contract is permitted, but this paper suggests the restrictions of the revocation under certain conditions. The Criminal Punishment Regulations against medical refusal should be removed. Refusal the provide medical service should be regulated by administrative sanctions under the National Health Insurance Act's obligation.

Structural Behavior of RC Beams with Headed Bars using Finite Element Analysis (유한요소해석 기반 확대머리 이형철근 상세 따른 RC보의 구조성능 효과 분석)

  • Kim, Kun-Soo;Park, Ki-Tae;Park, Chang-Jin
    • Journal of the Korea institute for structural maintenance and inspection
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    • v.25 no.5
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    • pp.40-47
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    • 2021
  • In this study, the structural behavior by the details of the lap region with the headed bar was estimated through finite element analysis. To solve the finite element analysis of the anchorage region with complex contact conditions and nonlinear behavior, a quasi-static analysis technique by explicit dynamic analysis was performed. The accuracy of the finite element model was verified by comparing the experimental results with the finite element analysis results. It was confirmed that the quasi-static analysis technique well reflected the behavior of enlarged headed bar connection. As a result of performing numerical analysis using 21 finite element models with various development lengths and transverse reinforcement indexes, it was confirmed that the increase of development length and transverse reinforcement index improved the maximum strength and ductility. However, to satisfy the structural performance, it should be confirmed that both design variables(development length and transverse reinforcement index) must be enough at the design criteria. In the recently revised design standard(KDS 14 20 52 :2021), a design formula of headed bar that considers both the development length and the transverse reinforcing bar index is presented. Also the results of this study confirmed that not only the development length but also transverse reinforcing bars have a very important effect.