• Title/Summary/Keyword: Civil code

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Arbitration Agreement through Standardized Terms and its Validity (약관을 통한 소비자중재합의와 그 유효성)

  • Lee, Byung-Jun
    • Journal of Arbitration Studies
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    • v.24 no.1
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    • pp.111-132
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    • 2014
  • Recently, there have been discussions about the necessity of consumer arbitration such as ADR. The debate has progressed, because this area of arbitration has expanded into the press and medical fields. However, there is not an act for regulating consumer arbitration in South Korea. Thus, this issue has been deliberated at UNCITRAL Working Group III. The core issue of this deliberation is the validity of consumer arbitration. Especially if a pre-dispute arbitration agreement is contracted online, it progresses by using standardized terms; therefore it is possible that the Standardized Terms Regulating Act judges the relevant terms. This thesis consists of the following: First, concepts and categories of arbitration agreements. These include arbitration agreement, pre-dispute arbitration agreement, and arbitration agreement through standardized terms. Second, the validity of the above agreements will be discussed. There are three positions concerning their validity: affirmative as de lege ferenda, negative, and restrictively negative. Similar discussions concerning German law and cases would be helpful to specify and compare the issue. When a consumer arbitration agreement is contracted through standardized terms, it is necessary that the required formality of the agreement has been satisfied, before the effect of the agreement may be regulated by the German Civil Code.

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접합요소를 이용한 복합기초지반의 변형해석

  • Park, Byeong-Gi;Jeong, Jin-Seop;Lee, Mun-Su
    • Proceedings of the Korean Geotechical Society Conference
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    • 1987.06a
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    • pp.51-80
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    • 1987
  • In this studys a numerical analysis on the defomation of foundation layer was carried out by indroducing joint element. The method using the joust element between adj assent different materials has been originally developed for rock behavior(Goodman, et al. 1968) . The application of this method to the interface between the footing and soil layer proved satisfactory(Ghaboussi p et at. 1973). Authors tried to obtain the deformation of rrcompound foundation layerg", which vertically or horizontally or both consists of the natural(or intact) soft clay layer and the layer improved artificially in order to get high stiff-fness with replacement or chemical treatment to reduce the excessively detrimental settlemellt or lateral displacement in case of banking or building the civil structure on the soft layer. The joint conditions were classified into three categories : contacts sliding and separation. By coupling "JOINT" as a subroutine into multi-purpose code for the finite element method of the foundatlion daveloped by authors on the assumption that shearing and normal displacement can not be coupledl which terms pinon-dilatant" and by selecting modified Cam-clay modeIP the deformation analysis was performmed. The results using joint element were compared with those secured without introduction of joint element Nain results analized are as follows : 1. For the prediction of settlement and lateral desplacement, the result due to joint element was evaluated larger, which was regarded safe. 2. For the determination of ultimate bearing capacetyi the value using joint element appeared smaller by 20%, which was also safe.

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Buckling analysis of noncontinuous linear and quadratic axially graded Euler beam subjected to axial span-load in the presence of shear layer

  • Heydari, Abbas
    • Advances in Computational Design
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    • v.5 no.4
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    • pp.397-416
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    • 2020
  • Functionally graded material (FGM) illustrates a novel class of composites that consists of a graded pattern of material composition. FGM is engineered to have a continuously varying spatial composition profile. Current work focused on buckling analysis of beam made of stepwise linear and quadratic graded material in axial direction subjected to axial span-load with piecewise function and rested on shear layer based on classical beam theory. The various boundary and natural conditions including simply supported (S-S), pinned - clamped (P-C), axial hinge - pinned (AH-P), axial hinge - clamped (AH-C), pinned - shear hinge (P-SHH), pinned - shear force released (P-SHR), axial hinge - shear force released (AH-SHR) and axial hinge - shear hinge (AH-SHH) are considered. To the best of the author's knowledge, buckling behavior of this kind of Euler-Bernoulli beams has not been studied yet. The equilibrium differential equation is derived by minimizing total potential energy via variational calculus and solved analytically. The boundary conditions, natural conditions and deformation continuity at concentrated load insertion point are expressed in matrix form and nontrivial solution is employed to calculate first buckling loads and corresponding mode shapes. By increasing truncation order, the relative error reduction and convergence of solution are observed. Fast convergence and good compatibility with various conditions are advantages of the proposed method. A MATLAB code is provided in appendix to employ the numerical procedure based on proposed method.

Prediction on the Proportioning of Concrete Mixes Using Neural Network (신경망기법을 사용한 콘크리트의 배합요소 추정)

  • Kim, Jong-In;Choi, Young-Wha;Kim, In-Soo
    • Journal of the Korean Society of Industry Convergence
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    • v.4 no.4
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    • pp.419-426
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    • 2001
  • Concrete mix proportioning is a process of selecting the right combination of many materials such as cement, fine aggregates, coarse aggregates, water, and admixtures to make concrete satisfying for specification and cost. In determining proportioning of concrete mixes, code information, specification, and the experience of experts are needed. However, all factors regarding mix proportioning factor cannot be considered. Therefore, the final acceptance depends on concrete quality control test results. The proportioning of concrete mixes and the adjustments are somewhat complicated, time-consuming, and uncertain tasks. In this paper, as a tool to predict the factor of the proportioning of concrete mixes, an artificial neural network is used. To consider the varieties of material properties, the standard mixed table of two companies of ready mixed concrete are used. The results show that neural net works is successfully applied to the prediction of concrete mix proportioning factor.

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A Study on the Service Load State Behavior of Reinforced Concrete Plate Member

  • Bhang, Jee-Hwan;Kang, Won-Ho
    • KCI Concrete Journal
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    • v.12 no.2
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    • pp.55-72
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    • 2000
  • This paper proposes a mechanical model to describe the load-deformation responses of the reinforced concrete plate members under service load state. An Analytical method is introduced on the basis of the rotating crack model which considers equilibrium, compatibility conditions, load-strain relationship of cracked member, and constitutive law for materials. The tension stiffening effect in reinforced concrete structures is taken into account by the average tensile stress-strain relationship from the load-strain relationship for the cracked member and the constitutive law for material. The strain compatibility is used to find out the crack direction because the crack direction is an unknown variable in the equilibrium and compatibility conditions. The proposed theory is verified by the numerous experimental data such as the crack direction, moment-steel strain relationship, moment-crack width relationship. The present paper can provide some basis for the provision of the definition of serviceability for plate structures of which reinforcements are deviated from the principal stresses, because the present code defines the serviceability by the deflection, crack control, vibration and fatigue basically for the skeletal members. The proposed theory is applicable to predict the service load state behavior of a variety of reinforced concrete plate structures such as skew slab bridges, the deck of skew girder bridges.

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A Study on the Problems and Improvement Plan of Using of Non-Lawyer Arbitrator (비변호사 중재인 활용의 문제점과 개선방안)

  • Ahn, Keon-Hyung
    • Journal of Arbitration Studies
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    • v.25 no.1
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    • pp.47-64
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    • 2015
  • Pursuant to Article 109(1) of the Attorney-at-Law Act of Korea, a person, not an attorney-at-law, who receives or promises to receive money, articles, entertainment or other benefits or who gives or promises to give those things to a third party, in compensation for providing or mediating legal services, such as examination, representation, arbitration(emphasis added), settlement, solicitation, legal consultation, making of legal documents, etc. shall be punished by imprisonment with prison labor for not more than 7 years or by a fine not exceeding KRW 50 million or may be punished by both and there is no specific provision on qualification of arbitrator except on nationality of an arbitrator in the Arbitration Act of Korea. Then, the question arises, can any non-lawyer arbitrator who receives arbitrator's fees be punished in accordance with the Attorney-at-Law Act in Korea? To search for an answer for this matter, this paper examines the Arbitration Act or the Civil Procedure Code of 33 major countries in the world and explains a research on the participation ratio of non-lawyer arbitrators in all 360 arbitration cases registered in 2012 at the Korean Commercial Arbitration Board (KCAB).

Performance Assessment of Passive Micromixer using Numerical Analysis (수치해석을 이용한 패시브 마이크로 믹서의 성능평가)

  • Lee, Jeong-Ick;Kim, Chul-Kyu
    • Journal of the Korea Convergence Society
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    • v.9 no.10
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    • pp.237-242
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    • 2018
  • A micromixer is a component of a lab-on-a-chip or microfluidic device that mixes two or more chemicals together(convergence). The purpose of this study is to assess the performance of passive micromixer of various shapes. Six shapes of micromixers were compared and three dimensional modeling was carried out to have the same hydraulic diameter. The commercial code, ANSYS Fluent, was used to simulate the internal mixing flow. A numerical analysis method is described in detail in this paper. The performance of the micromixer was compared with the mixing index and pressure drop. Consequently, the CDM-8T shape showed reasonable mixing performance and relatively low pressure drop.

Fragility curves for the typical multi-span simply supported bridges in northern Pakistan

  • Waseem, Muhammad;Spacone, Enrico
    • Structural Engineering and Mechanics
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    • v.64 no.2
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    • pp.213-223
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    • 2017
  • Bridges are lifeline and integral components of transportation system that are susceptible to seismic actions, their vulnerability assessment is essential for seismic risk assessment and mitigation. The vulnerability assessment of bridges common in Pakistan is very important as it is seismically very active region and the available code for the seismic design of bridges is obsolete. This research presents seismic vulnerability assessment of three real case simply supported multi-span reinforced concrete bridges commonly found in northern Pakistan, having one, two and three bents with circular piers. The vulnerability assessment is carried through the non-linear dynamic time history analyses for the derivation of fragility curves. Finite element based numerical models of the bridges were developed in MIDAS CIVIL (2015) and analyzed through with non-linear dynamic and incremental dynamic analyses, using a suite of bridge-specific natural spectrum compatible ground motion records. Seismic responses of shear key, bearing pad, expansion joint and pier components of each bridges were recorded during analysis and retrieved for performance based analysis. Fragility curves were developed for the bearing pads, shear key, expansion joint and pier of the bridges that first reach ultimate limit state. Dynamic analysis and the derived fragility curves show that ultimate limit state of bearing pads, shear keys and expansion joints of the bridges exceed first, followed by the piers ultimate limit state for all the three bridges. Mean collapse capacities computed for all the components indicated that bearing pads, expansion joints, and shear keys exceed the ultimate limit state at lowest seismic intensities.

Seismic reliability evaluation of steel-timber hybrid shear wall systems

  • Li, Zheng;He, Minjuan;Lam, Frank;Zhou, Ruirui;Li, Minghao
    • Earthquakes and Structures
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    • v.13 no.3
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    • pp.289-297
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    • 2017
  • This paper presents seismic performance and reliability evaluation on steel-timber hybrid shear wall systems composed of steel moment resisting frames and infill light frame wood shear walls. Based on experimental observations, damage assessment was conducted to determine the appropriate damage-related performance objectives for the hybrid shear wall systems. Incremental time-history dynamic analyses were conducted to establish a database of seismic responses for the hybrid systems with various structural configurations. The associated reliability indices and failure probabilities were calculated by two reliability methods (i.e., fragility analysis and response surface method). Both methods yielded similar estimations of failure probabilities. This study indicated the greatly improved seismic performance of the steel-timber hybrid shear wall systems with stronger infill wood shear walls. From a probabilistic perspective, the presented results give some insights on quantifying the seismic performance of the hybrid system under different seismic hazard levels. The reliability-based approaches also serve as efficient tools to assess the performance-based seismic design methodology and calibration of relative code provisions for the proposed steel-timber hybrid shear wall systems.

Numerical simulation of hydraulic fracturing in circular holes

  • Haeri, Hadi;Sarfarazi, Vahab;Hedayat, Ahmadreza;Zhu, Zheming
    • Computers and Concrete
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    • v.18 no.6
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    • pp.1135-1151
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    • 2016
  • For investigating the effect of the pre-existing joints on the initiation pattern of hydraulic fractures, the numerical simulation of circular holes under internal hydraulic pressure with a different pattern of the joint distributions are conducted by using a finite element code, FRANC2D. The pattern of hydraulic fracturing initiation are scrutinized with changing the values of the joint length, joint offset angle. The hydraulic pressures with 70% of the peak value of borehole wall breakout pressure are applied at the similar models. The simulation results suggest that the opening-mode fracture initiated from the joint tip and propagated toward the borehole for critical values of ligament angle and joint offset angle. At these critical values, the crack grow length is influenced by joint ligament length. When the ligament length is less than 3 times the borehole diameter the crack growth length increases monotonically with increasing joint length. The opening-mode fracture disappears at the joint tip as the ligament length increases.