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A Study on Jurisdiction under the International Aviation Terrorism Conventions (국제항공테러협약의 관할권 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.59-89
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    • 2009
  • The objectives of the 1963 Tokyo Convention cover a variety of subjects, with the intention of providing safety in aircraft, protection of life and property on board, and promoting the security of civil aviation. These objectives will be treated as follows: first, the unification of rules on jurisdiction; second, the question of filling the gap in jurisdiction; third, the scheme of maintaining law and order on board aircraft; fourth, the protection of persons acting in accordance with the Convention; fifth, the protection of the interests of disembarked persons; sixth, the question of hijacking of aircraft; and finally some general remarks on the objectives of the Convention. The Tokyo Convention mainly deals with general crimes such as murder, violence, robbery on board aircraft rather than aviation terrorism. The Article 11 of the Convention deals with hijacking in a simple way. As far as aviation terrorism is concerned 1970 Hague Convention and 1971 Montreal Convention cover the hijacking and sabotage respectively. The Problem of national jurisdiction over the offence and the offender was as tangled at the Hague and Montreal Convention, as under the Tokyo Convention. Under the Tokyo Convention the prime base of jurisdiction is the law of the flag (Article 3), but concurrent jurisdiction is also allowed on grounds of: territorial principle, active nationality and passive personality principle, security of the state, breach of flight rules, and exercise of jurisdiction necessary for the performance of obligations under multilateral agreements (Article 4). No Criminal jurisdiction exercised in accordance with national law is excluded [Article 3(2)]. However, Article 4 of the Hague Convention(hereafter Hague Article 4) and Article 5 of the Montreal Convention(hereafter Montreal Article 5), dealing with jurisdiction have moved a step further, inasmuch as the opening part of both paragraphs 1 and 2 of the Hague Article 4 and the Montreal Article 5 impose an obligation on all contracting states to take measures to establish jurisdiction over the offence (i.e., to ensure that their law is such that their courts will have jurisdiction to try offender in all the circumstances covered by Hague Article 4 and Montreal Article 5). The state of registration and the state where the aircraft lands with the hijacker still on board will have the most interest, and would be in the best position to prosecute him; the paragraphs 1(a) and (b) of the Hague Article 4 and paragraphs 1(b) and (c) of the Montreal Article 5 deal with it, respectively. However, paragraph 1(b) of the Hague Article 4 and paragraph 1(c) of the Montreal Article 5 do not specify if the aircraft is still under the control of the hijacker or if the hijacker has been overpowered by the aircraft commander, or if the offence has at all occurred in the airspace of the state of landing. The language of the paragraph would probably cover all these cases. The weaknesses of Hague Article 4 and Montreal Article 5 are however, patent. The Jurisdictions of the state of registration, the state of landing, the state of the lessee and the state where the offender is present, are concurrent. No priorities have been fixed despite a proposal to this effect in the Legal Committee and the Diplomatic Conference, and despite the fact that it was pointed out that the difficulty in accepting the Tokyo Convention has been the question of multiple jurisdiction, for the reason that it would be too difficult to determine the priorities. Disputes over the exercise of jurisdiction can be endemic, more so when Article 8(4) of the Hague Convention and the Montreal Convention give every state mentioned in Hague Article 4(1) and Montreal Article 5(1) the right to seek extradition of the offender. A solution to the problem should not have been given up only because it was difficult. Hague Article 4(3) and Montreal Article 5(3) provide that they do not exclude any criminal jurisdiction exercised in accordance with national law. Thus the provisions of the two Conventions create additional obligations on the state, and do not exclude those already existing under national laws. Although the two Conventions do not require a state to establish jurisdiction over, for example, hijacking or sabotage committed by its own nationals in a foreign aircraft anywhere in the world, they do not preclude any contracting state from doing so. However, it has be noted that any jurisdiction established merely under the national law would not make the offence an extraditable one under Article 8 of the Hague and Montreal Convention. As far as international aviation terrorism is concerned 1988 Montreal Protocol and 1991 Convention on Marking of Plastic Explosives for the Purpose of Detention are added. The former deals with airport terrorism and the latter plastic explosives. Compared to the other International Terrorism Conventions, the International Aviation Terrorism Conventions do not have clauses of the passive personality principle. If the International Aviation Terrorism Conventions need to be revised in the future, those clauses containing the passive personality principle have to be inserted for the suppression of the international aviation terrorism more effectively. Article 3 of the 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, Article 5 of the 1979 International Convention against the Taking of Hostages and Article 6 of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation would be models that the revised International Aviation Terrorism Conventions could follow in the future.

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Variation of Hospital Costs and Product Heterogeneity

  • Shin, Young-Soo
    • Journal of Preventive Medicine and Public Health
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    • v.11 no.1
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    • pp.123-127
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    • 1978
  • The major objective of this research is to identify those hospital characteristics that best explain cost variation among hospitals and to formulate linear models that can predict hospital costs. Specific emphasis is placed on hospital output, that is, the identification of diagnosis related patient groups (DRGs) which are medically meaningful and demonstrate similar patterns of hospital resource consumption. A casemix index is developed based on the DRGs identified. Considering the common problems encountered in previous hospital cost research, the following study requirements are estab-lished for fulfilling the objectives of this research: 1. Selection of hospitals that exercise similar medical and fiscal practices. 2. Identification of an appropriate data collection mechanism in which demographic and medical characteristics of individual patients as well as accurate and comparable cost information can be derived. 3. Development of a patient classification system in which all the patients treated in hospitals are able to be split into mutually exclusive categories with consistent and stable patterns of resource consumption. 4. Development of a cost finding mechanism through which patient groups' costs can be made comparable across hospitals. A data set of Medicare patients prepared by the Social Security Administration was selected for the study analysis. The data set contained 27,229 record abstracts of Medicare patients discharged from all but one short-term general hospital in Connecticut during the period from January 1, 1971, to December 31, 1972. Each record abstract contained demographic and diagnostic information, as well as charges for specific medical services received. The 'AUT-OGRP System' was used to generate 198 DRGs in which the entire range of Medicare patients were split into mutually exclusive categories, each of which shows a consistent and stable pattern of resource consumption. The 'Departmental Method' was used to generate cost information for the groups of Medicare patients that would be comparable across hospitals. To fulfill the study objectives, an extensive analysis was conducted in the following areas: 1. Analysis of DRGs: in which the level of resource use of each DRG was determined, the length of stay or death rate of each DRG in relation to resource use was characterized, and underlying patterns of the relationships among DRG costs were explained. 2. Exploration of resource use profiles of hospitals; in which the magnitude of differences in the resource uses or death rates incurred in the treatment of Medicare patients among the study hospitals was explored. 3. Casemix analysis; in which four types of casemix-related indices were generated, and the significance of these indices in the explanation of hospital costs was examined. 4. Formulation of linear models to predict hospital costs of Medicare patients; in which nine independent variables (i. e., casemix index, hospital size, complexity of service, teaching activity, location, casemix-adjusted death. rate index, occupancy rate, and casemix-adjusted length of stay index) were used for determining factors in hospital costs. Results from the study analysis indicated that: 1. The system of 198 DRGs for Medicare patient classification was demonstrated not only as a strong tool for determining the pattern of hospital resource utilization of Medicare patients, but also for categorizing patients by their severity of illness. 2. The wei틴fed mean total case cost (TOTC) of the study hospitals for Medicare patients during the study years was $11,27.02 with a standard deviation of $117.20. The hospital with the highest average TOTC ($1538.15) was 2.08 times more expensive than the hospital with the lowest average TOTC ($743.45). The weighted mean per diem total cost (DTOC) of the study hospitals for Medicare patients during the sutdy years was $107.98 with a standard deviation of $15.18. The hospital with the highest average DTOC ($147.23) was 1.87 times more expensive than the hospital with the lowest average DTOC ($78.49). 3. The linear models for each of the six types of hospital costs were formulated using the casemix index and the eight other hospital variables as the determinants. These models explained variance to the extent of 68.7 percent of total case cost (TOTC), 63.5 percent of room and board cost (RMC), 66.2 percent of total ancillary service cost (TANC), 66.3 percent of per diem total cost (DTOC), 56.9 percent of per diem room and board cost (DRMC), and 65.5 percent of per diem ancillary service cost (DTANC). The casemix index alone explained approximately one half of interhospital cost variation: 59.1 percent for TOTC and 44.3 percent for DTOC. Thsee results demonstrate that the casemix index is the most importand determinant of interhospital cost variation Future research and policy implications in regard to the results of this study is envisioned in the following three areas: 1. Utilization of casemix related indices in the Medicare data systems. 2. Refinement of data for hospital cost evaluation. 3. Development of a system for reimbursement and cost control in hospitals.

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The Microbiological Assessment and Identification of Food Utensils and Food Service Facilities in School (학교 급식설비 및 집기류의 미생물학적 위해요소 분석)

  • Hong, Seung-Hee
    • Journal of Food Hygiene and Safety
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    • v.29 no.3
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    • pp.189-194
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    • 2014
  • This study was conducted to evaluate microorganism contamination of food utensils and service facilities in school and to prevent hazards by food poisoning occurrence. As a result, the highest number of microorganism growth plate ($12.3{\pm}2.6$) was detected in total bacteria test plate, and also observed $10.3{\pm}3.9$ growth plates in Staphylococcus aureus test plate and $9.5{\pm}3.9$ growth plates in E. coli and coliform bacteria test plate. But we could detect to the lowest number of growth plates ($1.5{\pm}1.0$) in Vibrio test plate. We also assessed that floors were appeared to the highest microorganism contamination rate in food utensils and service facilities. Therefore, $4.5{\pm}0.6$ growth plates was detected in pre-operation floor and $4.3{\pm}1.0$ growth plates in floor. And high level of microorganism contamination also observed in tables as $3.3{\pm}1.0$ growth plates in cooking table and $3.0{\pm}0.0$ growth plates in dining table. The level of microorganism contamination of food utensils such as kitchen knife, cutting board, and food tray were lower than that in food service facilities. We analysed microorganism contamination according to purpose of use in kitchen knifes and cutting boards. The microorganism contamination rate in fish kitchen knife ($2.0{\pm}0.8$) and fish cutting board ($1.3{\pm}1.5$) were slightly higher than that of others purpose of use. As a result of microorganism identification, various strains of microorganism were contaminated in food service facilities and some strains could detected more than two times. Especially, Staphylococcus aureus was repeatedly identified in cooking table, trench, and kitchen knife. Bacillus cereus was identified in kitchen knife, and then Pseudomonas fluorescens and Pseudomonas aeruginosa were also detected in food utensils and service facilities as known to food spoilage microorganisms. Klebsiella pneumoniae was detected four times repeat, which widely distribute natural environment as normal bacterial flora but sometimes cause acute pneumonia. These results suggest that food utensils and service facilities are contaminated with not only major food poisoning microorganisms such as Staphylococcus aureus, but also food spoilage microorganisms. Taken together, strict personal hygiene control and efficient food service facilities management will be needed to enhance food safety in school feeding and to improve student health.

Analysis of the Operation Status and Function based on the Overseas Accident Investigation Agency (국외 재난원인조사기구의 운영 현황 및 기능분석)

  • Lee, Kyung-Su;Yang, Seung-Ho;Kim, Yeon-Ju;Park, Jihye;Kim, Tai-Hoon;Kim, Hyunju
    • Journal of the Society of Disaster Information
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    • v.17 no.3
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    • pp.442-453
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    • 2021
  • Purpose: The objective of this study is to suggest desirable direction of Korean accident investigation organization by analyzing the operation status and way of overseas developed countries' investigation agency. Method: To accomplish the objective of this study, we were examined four main characteristics of accident investigation agencies of the U.S., Japan, and Sweden, focusing on (1); the background of the establishment, (2);organizational structure, (3);major tasks and functions, (4); accident investigation procedures. Result: First, the purpose of its establishment and task is to prevent recurrence of disasters and accidents, at the same time, administrating and researching duties such as legal system, policy, recommending improvement and conducting scientific disaster-cause analysis to contribute safety for the government. Second, it is operated as an independent organization under the president, not belonging to the ministry, in order to enable fair investigation in an impartial position. Third, it has the authority to be recognized for its expertise in the results of investigation. In other words, it is operated as a permanent organization with professional personnel, and secures authority through the accident research with indepth investigation and high-quality recommendations. Conclusion: The overseas investigation agencies rapidly manage and coordinate their operational practices in order to resolve national requirements and social conflicts with fairness, accuracy and expertise in accident investigations. In order to prevent the recurrence of similar events, Korea needs to efficiently reconstruct its investigative functions distributed by each government department. In addition, institutional improvement is needed to make general adjustments at the national level, organize and operate control tower for when the accident has happened.

Modern Paper Quality Control

  • Olavi Komppa
    • Proceedings of the Korea Technical Association of the Pulp and Paper Industry Conference
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    • 2000.06a
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    • pp.16-23
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    • 2000
  • The increasing functional needs of top-quality printing papers and packaging paperboards, and especially the rapid developments in electronic printing processes and various computer printers during past few years, set new targets and requirements for modern paper quality. Most of these paper grades of today have relatively high filler content, are moderately or heavily calendered , and have many coating layers for the best appearance and performance. In practice, this means that many of the traditional quality assurance methods, mostly designed to measure papers made of pure. native pulp only, can not reliably (or at all) be used to analyze or rank the quality of modern papers. Hence, introduction of new measurement techniques is necessary to assure and further develop the paper quality today and in the future. Paper formation , i.e. small scale (millimeter scale) variation of basis weight, is the most important quality parameter of paper-making due to its influence on practically all the other quality properties of paper. The ideal paper would be completely uniform so that the basis weight of each small point (area) measured would be the same. In practice, of course, this is not possible because there always exists relatively large local variations in paper. However, these small scale basis weight variations are the major reason for many other quality problems, including calender blacking uneven coating result, uneven printing result, etc. The traditionally used visual inspection or optical measurement of the paper does not give us a reliable understanding of the material variations in the paper because in modern paper making process the optical behavior of paper is strongly affected by using e.g. fillers, dye or coating colors. Futhermore, the opacity (optical density) of the paper is changed at different process stages like wet pressing and calendering. The greatest advantage of using beta transmission method to measure paper formation is that it can be very reliably calibrated to measure true basis weight variation of all kinds of paper and board, independently on sample basis weight or paper grade. This gives us the possibility to measure, compare and judge papers made of different raw materials, different color, or even to measure heavily calendered, coated or printed papers. Scientific research of paper physics has shown that the orientation of the top layer (paper surface) fibers of the sheet paly the key role in paper curling and cockling , causing the typical practical problems (paper jam) with modern fax and copy machines, electronic printing , etc. On the other hand, the fiber orientation at the surface and middle layer of the sheet controls the bending stiffness of paperboard . Therefore, a reliable measurement of paper surface fiber orientation gives us a magnificent tool to investigate and predict paper curling and coclking tendency, and provides the necessary information to finetune, the manufacturing process for optimum quality. many papers, especially heavily calendered and coated grades, do resist liquid and gas penetration very much, bing beyond the measurement range of the traditional instruments or resulting invonveniently long measuring time per sample . The increased surface hardness and use of filler minerals and mechanical pulp make a reliable, nonleaking sample contact to the measurement head a challenge of its own. Paper surface coating causes, as expected, a layer which has completely different permeability characteristics compared to the other layer of the sheet. The latest developments in sensor technologies have made it possible to reliably measure gas flow in well controlled conditions, allowing us to investigate the gas penetration of open structures, such as cigarette paper, tissue or sack paper, and in the low permeability range analyze even fully greaseproof papers, silicon papers, heavily coated papers and boards or even detect defects in barrier coatings ! Even nitrogen or helium may be used as the gas, giving us completely new possibilities to rank the products or to find correlation to critical process or converting parameters. All the modern paper machines include many on-line measuring instruments which are used to give the necessary information for automatic process control systems. hence, the reliability of this information obtained from different sensors is vital for good optimizing and process stability. If any of these on-line sensors do not operate perfectly ass planned (having even small measurement error or malfunction ), the process control will set the machine to operate away from the optimum , resulting loss of profit or eventual problems in quality or runnability. To assure optimum operation of the paper machines, a novel quality assurance policy for the on-line measurements has been developed, including control procedures utilizing traceable, accredited standards for the best reliability and performance.

Development of RTEMS SMP Platform Based on XtratuM Virtualization Environment for Satellite Flight Software (위성비행소프트웨어를 위한 XtratuM 가상화 기반의 RTEMS SMP 플랫폼)

  • Kim, Sun-wook;Choi, Jong-Wook;Jeong, Jae-Yeop;Yoo, Bum-Soo
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.48 no.6
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    • pp.467-478
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    • 2020
  • Hypervisor virtualize hardware resources to utilize them more effectively. At the same time, hypervisor's characteristics of time and space partitioning improves reliability of flight software by reducing a complexity of the flight software. Korea Aerospace Research Institute chooses one of hypervisors for space, XtratuM, and examine its applicability to the flight software. XtratuM has strong points in performance improvement with high reliability. However, it does not support SMP. Therefore, it has limitation in using it with high performance applications including satellite altitude orbit control systems. This paper proposes RTEMS XM-SMP to support SMP with RTEMS, one of real time operating systems for space. Several components are added as hypercalls, and initialization processes are modified to use several processors with inter processors communication routines. In addition, all components related to processors are updated including context switch and interrupts. The effectiveness of the developed RTEMS XM-SMP is demonstrated with a GR740 board by executing SMP benchmark functions. Performance improvements are reviewed to check the effectiveness of SMP operations.

A Study on the Development of an Independent Hospice Center Model (독립형 호스피스 센터 모델 개발에 관한 연구)

  • No, Yu-Ja;Han, Sung-Suk;Kim, Myeong-Ja;Yu, Yang-Suk;Yong, Jin-Seon;Jeon, Gyeong-Ja
    • Journal of Korean Academy of Nursing
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    • v.30 no.5
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    • pp.1156-1169
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    • 2000
  • The study was aimed at developing an independent hospice center model that would be best suited for Korea based on a literature review and the current status of local and international hospices. For the study, five local and six international hospice organizations were surveyed. Components of the hospice center model include philosophy, purpose, resources (workers, facilities, and equipment), allocation of resources, management, financial support and hospice team service. The following is a summary of the developed model: Philosophies for the hospice center were set as follows: based on the dignity of human life and humanism, help patients spend the rest of their days in a meaningful way and accept life positively. On the staff side, to pursue a team-oriented holistic approach to improve comfort and quality of life for terminally ill persons and their families. The hospice center should have 20 beds with single, two, and four bed rooms. The center should employ, either on a part-time or full-time basis, a center director, nurses, doctors, chaplains, social workers, pharmacists, dieticians, therapists, and volunteers. In addition, it will need an administrative staff, facility managers and nurses aides. The hospice should also be equipped with facilities for patients, their families, and team members, furnished with equipment and goods at the same level of a hospital. represented by a center director who reports to a board and an advisory committee. Also, the center director administers a steering committee and five departments, namely, Administration, Nursing Service, Social Welfare, Religious Services, and Medical Service. Furthermore, the center should be able to utilize a direct and support delivery systems. The direct delivery system allows the hospice center to receive requests from, or transfer patients to, hospitals, clinics, other hospice organizations (by type), public health centers, religious organizations, social welfare organizations, patients, and their guardians. On the other hand, the support delivery system provides a link to outside facilities of various medical suppliers. In terms of management, details were made with regards to personnel management, records, infection control, safety, supplies and quality management. For financial support, some form of medical insurance coverage for hospice services, ways to promote a donation system and fund raising were examined. Hospice team service to be provided by the hospice center was categorized into assessment, physical care, emotional care, spiritual care, bereavement service, medication, education and demonstrations, medical supplies rental, request service, volunteer service, and respite service. Based on the results, the study has drawn up the following suggestions: 1. The proposed model for a hospice center as presented in the study needs to be tested with a pilot project. 2. Studies on criteria for legal approval and license for a hospice center need to be conducted to develop policies. 3. Studies on developing a hospice charge system and hospice standards that meet local conditions in Korea need to be conducted.

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Fractional-N PLL Frequency Synthesizer Design (Fractional-N PLL (Phase-Locked Loop) 주파수 합성기 설계)

  • Kim Sun-Cheo;Won Hee-Seok;Kim Young-Sik
    • Journal of the Institute of Electronics Engineers of Korea TC
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    • v.42 no.7 s.337
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    • pp.35-40
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    • 2005
  • This paper proposes a fractional-N phase-locked loop (PLL) frequency synthesizer using the 3rd order ${\Delta}{\sum}$ modulator for 900MHz medium speed wireless link. The LC voltage-controlled oscillator (VCO) is used for the good phase noise property. To reduce the lock-in time, a charge pump has been developed to control the pumping current according to the frequency steps and the reference frequency is increased up to 3MHz. A 36/37 fractional-N divider is used to increase the reference frequency of the phase frequency detector (PFD) and to reduce the minimum frequency step simultaneously. A 3rd order ${\Delta}{\sum}$ modulator has been developed to reduce the fractional spur VCO, Divider by 8 Prescaler, PFD and Charge pump have been developed with 0.25um CMOS, and the fractional-N divider and the third order ${\Delta}{\sum}$ modulator have been designed with the VHDL code, and they are implemented through the FPGA board of the Xilinx Spartan2E. The measured results show that the output power of the PLL is about -lldBm and the phase noise is -77.75dBc/Hz at 100kHz offset frequency. The minimum frequency step and the maximum lock-in time are 10kHz and around 800us for the maximum frequency change of 10MHz, respectively.

Multi-target Data Association Filter Based on Order Statistics for Millimeter-wave Automotive Radar (밀리미터파 대역 차량용 레이더를 위한 순서통계 기법을 이용한 다중표적의 데이터 연관 필터)

  • Lee, Moon-Sik;Kim, Yong-Hoon
    • Journal of the Institute of Electronics Engineers of Korea SP
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    • v.37 no.5
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    • pp.94-104
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    • 2000
  • The accuracy and reliability of the target tracking is very critical issue in the design of automotive collision warning radar A significant problem in multi-target tracking (MTT) is the target-to-measurement data association If an incorrect measurement is associated with a target, the target could diverge the track and be prematurely terminated or cause other targets to also diverge the track. Most methods for target-to-measurement data association tend to coalesce neighboring targets Therefore, many algorithms have been developed to solve this data association problem. In this paper, a new multi-target data association method based on order statistics is described The new approaches. called the order statistics probabilistic data association (OSPDA) and the order statistics joint probabilistic data association (OSJPDA), are formulated using the association probabilities of the probabilistic data association (PDA) and the joint probabilistic data association (JPDA) filters, respectively Using the decision logic. an optimal or near optimal target-to-measurement data association is made A computer simulation of the proposed method in a heavy cluttered condition is given, including a comparison With the nearest-neighbor CNN). the PDA, and the JPDA filters, Simulation results show that the performances of the OSPDA filter and the OSJPDA filter are superior to those of the PDA filter and the JPDA filter in terms of tracking accuracy about 18% and 19%, respectively In addition, the proposed method is implemented using a developed digital signal processing (DSP) board which can be interfaced with the engine control unit (ECU) of car engine and with the d?xer through the controller area network (CAN)

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The Relationships between Meaning in Life and Happiness among University Students. (대학생의 생의 의미와 행복의 관계)

  • Lee, Ok-Sook;Jang, Sun-Hee
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.18 no.9
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    • pp.113-122
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    • 2017
  • This study was conducted to understand the factors influencing happiness of college students while focusing on meaning in life and to supply an interventional way for promotion of happiness of college students. The subjects were 205 students in C city and the data were collected from 20-30 October 2016. Data were analyzed based on themeans using an independent t-test, ANOVA, $Scheff{\acute{e}}^{\prime}s$ method, Pearson's correlation coefficients and stepwise multiple regression. Significant differences were found in the happiness grades by sex (p=0.045), age (p=0.019), degree (p=0.038), satisfaction in major (p<0.001), and perceived health condition (p<0.001). Happiness was positively related to self-confidence (p<0.001), self-control (p<0.001), positive emotion (p<0.001), meaning in life (p<0.001), finding meaning in life (p<0.001), and search for meaning in life (p<0.001). Uponmultiple regression analysis, finding meaning in life, perceived health condition, and satisfaction withmajor accounted for 41.0% of the happiness, with finding meaning in life beingthe most influential factor.