• Journal of Arbitration Studies
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• v.26 no.3
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• pp.121-147
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• 2016

Factual issues in most patent litigation are related to very complicated techniques. Thus, the courts has emphasised that the technology in dispute has to be read and understood through the eyes of a person to whom it is directed. Therefore, among the various processes in federal litigation, most litigation in the field of patent infringement relies on at least some expert evidence. This paper focuses on issues regarding patent dispute evidence, and explore whether there are unresolved issues in evidential rules and procedures of patent proceedings. Further, this paper seeks to demonstrate that both the parties and the courts in patent disputes generally benefit from the current evidence system. However, in a number of Australian cases, the scope of expert evidence in patent cases has been strictly limited. Australian Government identified uncertain issues associated with the present patent enforcement system, due to factors such as a low level of knowledge about what patent rights entail, the high degree of uncertainty of outcome in legal proceedings, etc. Arbitration shall be reviewed and suggested as an alternative to tackling the ongoing problems in the trial system.

• Journal of Radiation Protection and Research
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• v.42 no.4
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• pp.222-228
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• 2017

Background: On June 18, 2017, Korea's first commercial nuclear reactor, the Kori Nuclear Power Plant No. 1, was permanently suspended, and the capacity of nuclear power generation facilities will be adjusted according to the governments denuclearization policy. In these circumstances, it is necessary to assess the quality of radiation safety management in nuclear power plants in Korea by evaluating the radiation dose associated with them. Materials and Methods: The average annual radiation dose per unit, the annual radiation dose per person, and the annual dose distribution were analyzed using the radiation dose database of nuclear reactors for the last 5 years. The results of our analysis were compared to the specifications of the Nuclear Safety Act and Medical Law in Korea. Results and Discussion: The annual average per unit radiation dose of global major nuclear power generation was 720 man-mSv, while that of Korea's nuclear power plants was 374 manmSv. No workers exceeded 50 mSv per year or 100 mSv in 5 years. The individual radiation dose according to occupational exposure was 0.59 mSv for nuclear workers, 1.77 mSv for non-destructive workers, and 0.8 mSv for diagnostic radiologists. Conclusion: The radiation safety management of nuclear power plants in Korea has achieved the best outcomes worldwide, which is considered to be the result of the as-low-as-reasonably-achievable (ALARA) approach and strict radiation safety management. Moreover, the occupational exposures were also very low.

• Proceedings of the Korea Port Economic Association Conference
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• 2003.07a
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• pp.271-294
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• 2003

In this article, 1'd like to analyse the principal distinctions between the duty of disclosure and warranty which are based on the same legal principles, utmost good faith(uberrima fides). Although the duty of disclosure and warranty have a same legal principle to protect insurance contract, they have several difference in appliance actually. Through these comparative analysis, I want to reveal the character of warranty which is unfamiliar to us under our commercial law. Warranty has some peculiarity, these are (a)A warranty does not have to be material to the risk, (b)A warranty must be exactly complied with, (c)It is impossible to defence for a breach of warranty, the breach of warranty is irremediable, and A casual connection between breach and loss needs not be shone, (d)A breach of a warranty may be waived by insurer. Sometimes in Korea like those stringent principles of warranty make Korean's small fishing or shipping company suffer from difficult because of insistence of discharge from liability by insurer. So I expect that all of them acknowledge the character of warranty and can make them protect their insurance money by themselves.

• Journal of Wind Energy
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• v.9 no.4
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• pp.57-64
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• 2018

To maximize power generation and reduce the construction cost of a commercial utility-grade wind turbine, the size of the wind turbine should be large. The initial design of the 12 MW University of Ulsan(UOU) Floating Offshore Wind Turbine(FOWT) was carried out based on the 5 MW National Renewable Energy Laboratory(NREL) offshore wind turbine model. The existing 5 MW NREL offshore wind turbines have been expanded to 12 MW UOU FOWT using the geometric law of similarity and then redesigned for each factor. The resonance of the tower is the most important dynamic responses of a wind turbine, and it should be designed by avoiding resonance due to cyclic load during turbine operations. The natural frequency of the tower needs to avoid being within the frequency range corresponding to the rotational speed of the blades, 1P, and the blade passing frequency, 3P. To avoid resonance, vibration can be reduced by modifying the stiffness or mass. The direct expansion of the 5 MW wind turbine support structure caused a resonance problem with the tower of the 12 MW FOWT and the tower length and diameter was adjusted to avoid a match of the first natural frequency and 3P excitation of the tower.

• Journal of the Architectural Institute of Korea Planning & Design
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• v.34 no.10
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• pp.13-23
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• 2018

"Special Act on the Rocal Collaborative Development", proposed by Seoul in late 2015, aims to promote win-win cooperation between local economic players and the development of local communities. However, since it is not possible to ensure its effectiveness by signing a local collaborative agreement, the rights and duties granted to the Parties to the Convention shall be more clearly defined. In addition, it is feared that the application of a uniform standard to businesses that wish to restrict the operation within the local collaborative development zone could prevent the operation restriction based on local characteristics. Accordingly, based on the FBR system in the U.S., it is possible to define the business as a "uniform store" and to determine the possibility of a uniform store to be sold through zoning plans in the region by the Local Collaborative Community Council.

• Journal of Arbitration Studies
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• v.32 no.3
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• pp.47-70
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• 2022

This paper studies legal regulation of the public policy exception in the Russian Federation and domestic judicial practice on the issue. It reviews current legislation and analyzes a number of recent court cases where an arbitral award rendered by a foreign arbitration body was refused recognition and enforcement based on public policy violation. By doing so, it contributes to the knowledge on the concept of public policy in the Russian legal system and how public policy can affect the process of recognition and enforcement of foreign arbitral awards on its territory. The review of court cases demonstrates different aspects of how the public policy exception can be applied by Russian arbitrazh courts. Such decisions can provide a clearer picture of the kinds of situation that can lead to invoking the public policy clause by the court. Also, it is of practical value as persons preparing to file a claim or to be a defendant in a Russian court can be required to present existing court decisions in support of their claim or defence.

• Journal of Distribution Science
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• v.20 no.10
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• pp.11-17
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• 2022

Purpose: This research aims to find the link between public service Distribution and individual job performance in the provincial municipality. Research design, data, and methodology: This is a quantitative approach study with a non-experimental and correlational design. The sample consisted of 140 employees appointed and hired by the provincial municipality of Huaraz. For data collection, Two questionnaires with an ordinal Likert-type scale and the Rho Spearman correlation coefficient were used to assess the link between the research variables., For Analysis: two questionnaires with an ordinal Likert-type scale and the Rho Spearman correlation coefficient were used to determine the connection between the research variables. Results: It was determined that both variables have a high degree of correlation (0.725), indicating a direct and significant relationship between the Distribution of public service and skill performance in the provincial municipality (0.614). Conclusion: Finally, this allows us to conclude that the institutional context is essential; that is, there is a significant correlation between the PSM and contextual performance in the provincial municipality of Huaraz, which has a Rho Spearman value of 0.723.

• Journal of Auto-vehicle Safety Association
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• v.14 no.2
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• pp.26-38
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• 2022

This paper proposes multiple RLS and actuator performance index-based adaptive actuator fault-tolerant control and detection algorithms for longitudinal autonomous driving. The proposed algorithm computes the desired acceleration using feedback law for longitudinal autonomous driving. When actuator fault or performance degradation exists, it is designed that the desired acceleration is adjusted with the calculated feedback gains based on multiple RLS and gradient descent method for fault-tolerant control. In order to define the performance index, the error between the desired and actual accelerations is used. The window-based weighted error standard deviation is computed with the design parameters. Fault level decision algorithm that can represent three fault levels such as normal, warning, emergency levels is proposed in this study. Performance evaluation under various driving scenarios with actuator fault was conducted based on co-simulation of Matlab/Simulink and commercial software (CarMaker).

• Korea Trade Review
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• v.47 no.1
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• pp.131-144
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• 2022

This study primarily concerns the Model Contract for International Sale of Manufactured Goods recently published by International Chamber of Commerce in 2020. To this end, this study examines the importance of the ICC model contract and its main characteristics, and considers in what form the contract is composed of and the scope of its application by classifying it according to the object of the contract, the subject and type of the transaction. In addition, this study divides the main contents of the ICC model contract into special conditions and general conditions, and attempts to scrutinize details of each condition in connection with the United Nations Convention on Contracts for International Sale of Goods(1980) as a governing law taken by the ICC model contract. Furthermore, this study puts forward, on the basis of the detailed examination of main conditions of ICC Model Contract, practical implications on what the parties to the contract should be aware of when using the ICC model contract.

• The Journal of Art Theory & Practice
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• no.2
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• pp.169-190
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• 2004

The purpose of this article is to delve into the problems of originality of the artwork by examining issues of reproduction within the contemporary art market. In contemporary arts, especially in terms of art production and consumption, we can't overlook society and its economic structure and its connection with of capitalism. As the purity of art creation has turned into an exchange value, art, especially an object as artwork, has fallen into the status of production in an economic marketing system. Walter Benjamin mainly referred to that point in his thesis Das Kunstwerk im Zeitalter seiner technischen Reproduzierbarkeit, which originated the sociology of plastic arts. This thesis, published in 1936, traced how the artistic functions of photograph and movie had been changed through the social development. His main concerns were movie and photograph but what I am concentrating from his point of view, is that even in the field of plastic arts, the manufacture of reproduction has been practiced as a primary method within the social and political contexts and development. Though I am referring to this in the main body of this article, reproduction in contemporary art strongly needs a new definition since it has been spread all over like a newest virus, not only by collector's personal taste or hut also by commercial circulations of these reproductions to the public. This relates to Benjamin's argument about the value of an exhibition at a museum(Ausstellungswert). Since the function of an artwork has been one of cultural industry, the manufacturing of reproduction raises unexpected problems, such as, the originality of the artwork, the value of an exhibition at a museum, its achievement as documentary and as a territory of art criticism. In this point of view, I want to inquire into the value and criteria of an exhibition in contemporary art through the review of the definitions and the intrinsic attributes of reproduction. Somehow in a broad sense, the reproduction is a product coming out of representation or copy (replica) of an original art work or an model. Therefore, the problems it presents differ from the Simulacre, which is an image without an original one. In terms of the Meanings of reproduction, we can distinguish it as reproductions, copies, and productions. These types of reproductions are not the original artworks reflected by the creative intention of the artists. For example, a publishing company reproduced some of lithographs of Salvador Dali in the 1960s. They are commercial copies in the form of representation or reproduction with no artistic and creative intention of the artist. However, In despite of this theoretical basis, reproductions of the famous artists are still displayed without any verification for of the public's quest for the artworks. Moreover, many commercial companies that are planning to exhibit art works of the world-famous artists only for their profits keep trying to speak ill of and judging by the law the honest art critics' articles which discuss the true values of exhibition. If freedom of expression is one of the ideals of democracy, even the judgment of the originality of the artworks should be freely expressed.