• Journal of Korea Trade
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• 제25권2호
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• pp.152-177
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• 2021

Purpose - This study analyses the excepted requirement and burden of proof of the carrier due to unseaworthiness through comparison between the marine transport contract and marine insurance contract. Design/methodology - This study uses the legal analytical normative approach. The juridical approach involves reviewing and examining theories, concepts, legal doctrines and legislation that are related to the problems. In this study a literature analysis using academic literature and internet data is conducted. Findings - The burden of proof in case of seaworthiness should be based on presumed fault, not proved fault. The burden of proving unseaworthiness/seaworthiness should shift to the carrier, and should be exercised before seeking the protections of the law or carriage contract. In other words, the insurer cannot escape coverage for unfitness of a vessel which arises while the vessel is at sea, which the assured could not have prevented in the exercise of due diligence. The insurer bears the burden of proving unseaworthiness. The warranty of seaworthiness is implied in hull, but not protection and indemnity policies. The 2015 Act repeals ss. 33(3) and 34 of MIA 1906. Otherwise the provisions of the MIA 1906 remain in force, including the definition of a promissory warranty and the recognition of implied warranties. There is less clarity about the position when the source of the loss occurs before the breach of warranty but the actual loss is suffered after the breach. Nonetheless, by s.10(2) of the 2015 Act the insurer appears not to be liable for any loss occurring after the breach of warranty and before there has been a remedy. Originality/value - When unseaworthiness is identified after the sailing of the vessel, mere acceptance of the ship does not mean the party waives any claims for damages or the right to terminate the contract, provided that failure to comply with the contractual obligations is of critical importance. The burden of proof with regards to loss of damage to a cargo caused by unseaworthiness is regulated by the applicable law. For instance, under the common law, if the cargo claimant alleges that the loss or damage has been caused by unseaworthiness, then he has the burden of proof to establish the followings: (i) that the vessel was unseaworthy at the beginning of the voyage; and that, (ii) that the loss or damage has been caused by such unseaworthiness. In other words, if the warranty of seaworthiness at the inception of the voyage is breached, the breach voids the policy if the ship owner had prior knowledge of the unseaworthy condition. By contrast, knowingly permitting the vessel to break ground in an unseaworthy condition denies liability only for loss or damage proximately caused by the unseaworthiness. Such a breach does not, therefore, void the entire policy, but only serves to exonerate the insurer for loss or damage proximately caused by the unseaworthy condition.

• Computers and Concrete
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• 제11권2호
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• pp.123-148
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• 2013

The nonlinear finite element method with eight noded isoparametric quadrilateral element for concrete and two noded element for reinforcement is used for the prediction of the behavior of reinforcement concrete structures. The disturbed state concept (DSC) including the hierarchical single surface (HISS) plasticity model with associated flow rule with modifications is used to characterize the constitutive behavior of concrete both in compression and in tension which is named DSC/HISS-CT. The HISS model is applied to shows the plastic behavior of concrete, and DSC for microcracking, fracture and softening simulations of concrete. It should be noted that the DSC expresses the behavior of a material element as a mixture of two interacting components and can include both softening and stiffening, while the classical damage approach assumes that cracks (damage) induced in a material treated acts as a void, with no strength. The DSC/HISS-CT is a unified model with different mechanism, which expresses the observed behavior in terms of interacting behavior of components; thus the mechanism in the DSC is much different than that of the damage model, which is based on physical cracks which has no strength and interaction with the undamaged part. This is the first time the DSC/HISS-CT model, with the capacity to account for both compression and tension yields, is applied for concrete materials. The DSC model allows also for the characterization of non-associative behavior through the use of disturbance. Elastic perfectly plastic behavior is assumed for modeling of steel reinforcement. The DSC model is validated at two levels: (1) specimen and (2) practical boundary value problem. For the specimen level, the predictions are obtained by the integration of the incremental constitutive relations. The FE procedure with DSC/HISS-CT model is used to obtain predictions for practical boundary value problems. Based on the comparisons between DSC/HISS-CT predictions, test data and ANSYS software predictions, it is found that the model provides highly satisfactory predictions. The model allows computation of microcracking during deformation leading to the fracture and failure; in the model, the critical disturbance, Dc, identifies fracture and failure.

• Journal of Microbiology and Biotechnology
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• 제28권1호
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• pp.40-49
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• 2018

We evaluated the antioxidant activity and neuronal cell-protective effect of fucoidan extract from Ecklonia cava (FEC) on hydrogen peroxide ($H_2O_2$)-induced cytotoxicity in PC-12 and MC-IXC cells to assess its protective effect against oxidative stress. Antioxidant activities were examined using the ABTS radical scavenging activity and malondialdehyde-inhibitory effect, and the results showed that FEC had significant antioxidant activity. Intracellular ROS contents and neuronal cell viability were investigated using the DCF-DA assay and MTT reduction assay. FEC also showed remarkable neuronal cell-protective effect compared with vitamin C as a positive control for both $H_2O_2$-treated PC-12 and MC-IXC cells. Based on the neuronal cell-protective effects, mitochondrial function was analyzed in PC-12 cells, and FEC significantly restored mitochondrial damage by increasing the mitochondrial membrane potential (${\Delta}{\Psi}m$) and ATP levels and regulating mitochondrial-mediated proteins (p-AMPK and BAX). Finally, the inhibitory effects against acetylcholinesterase (AChE), which is a critical hydrolyzing enzyme of the neurotransmitter acetylcholine in the cholinergic system, were investigated ($IC_{50}$ value = 1.3 mg/ml) and showed a mixed (competitive and noncompetitive) pattern of inhibition. Our findings suggest that FEC may be used as a potential material for alleviating oxidative stress-induced neuronal damage by regulating mitochondrial function and AChE inhibition.

• Proceedings of the KSME Conference
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• 대한기계학회 2001년도 춘계학술대회논문집A
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• pp.377-382
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• 2001

Mechanical behavior and electrical resistance change of CPDP (carbon particle dispersed plastic) composite consisting of epoxy resin and conductive carbon particle were investigated under monotonic loading and repeated loading-unloading. The electrical resistance almost linearly increased with increasing strain during loading and the residual electrical resistance was observed even after removing load. The value of the residual electrical resistance was dependent on the maximum strain under the applied stress. This result suggests that the estimation of maximum strain (i.e., damage) is possible by the measuring electrical resistance of composite. The behavior of electrical resistance change during and after loading was discussed on the basis of the results of microscopic deformation and fracture observation. Moreover, the relationship between the volume fraction of carbon particle and the electrical resistivity of CPDP was investigated in relation to the percolation theory. Simulation model of percolation structure was established by Monte Carlo method and the simulation result was compared to the experimental results. The electrical resistance change under applied loading was analyzed quantitatively using the percolation equation and a simple model for the critical volume fraction of carbon particle as a function of the mechanical stress. It was revealed that the prediction was in good agreement with the experimental result except in the region near the failure of material.

• International Journal of Highway Engineering
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• 제19권6호
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• pp.105-115
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• 2017

PURPOSES : The occurrence of unexpected disasters, including fire events, increases as the road network becomes complicated and traffic volume increases. When a fire event occurs on and under bridges, the damage extensively influences direct damage to structures, vehicles, and human life and secondary socioeconomic issues owing to traffic blockage. This study investigated potential fire-hazard risks on bridges of the Korean national route road. METHODS : The investigation was conducted using field investigation and analysis with satellite pictures and road views from commercial websites and the Bridge Management System (BMS). From the filed investigation, various potential fire resources were identified. The satellite pictures and road views were helpful in measuring and recognizing conditions underneath bridges, stowage areas, etc. RESULTS : There are various potential fire resources underneath bridges such as piled agricultural products, parked petroleum tanks, construction equipment, and attached high-voltage cables. A total of 94.6% of bridges have underneath clearances of less than 15 m. A bridge underneath volume that can stow a potential fire hazard resource was $7,332m^3$ on average, and most bridges have about $4,000m^3$ of space. Based on the BMS data, the amounts of PSC and steel girders were 29% and 25%, respectively. CONCLUSIONS : It was found that the amount of stowed potential fire hazard resources was proportional to the underneath space of bridges. Most bridges have less than 15 m of vertical clearance that can be considered as a critical value for a bridge fire. The fire risk investigation results should be helpful for developing bridge fire-protection tools.

• Explosives and Blasting
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• 제34권3호
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• pp.10-16
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• 2016

Recently, transition from open pit to underground mining in limestone mines is an increasing trend in Korea due to environmental issues such as noise, dust and vibrations caused by crushers and equipment. The severe damages in the surrounding rock mass of underground opening caused by explosive blasting may lead to rock fall hazards or casualties. It is well known that variables which mainly affect blast-induced rock falls in underground mining are: blast vibration level, joint orientation and distribution and shape of the cross sections of underground structures. In this study, UDEC program, which is a DEM code, is used to simulate blast vibration-induced rock fall in underground openings. Variation of joint space, joint angle and joint normal stiffness was considered to investigate the effect of joint characteristics on the blast vibration-induced rock fall in underground opening. Finally, jointed rock mass models considering blast-induced damage zone were examined to simulate the critical blast vibration value which may cause rock falls in underground opening.

• Journal of the Korea institute for structural maintenance and inspection
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• 제17권4호
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• pp.112-118
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• 2013

The selection of appropriate ground motions and reasonable modification are becoming increasingly critical in reliable prediction on seismic performance of structures. A widely used amplitude scaling approach is not sufficient for robust structural evaluation considering a site specific seismic hazard because only one spectral value is matched to the design spectrum typically at the structural fundamental period. Hence alternative approaches for ground motion selection and modifications have been suggested. However, there is no means to evaluate such methodologies yet. In this study, it is focused to describe the main questions resided in the amplitude scaling approach and to propose a regression model for structural damage as point of comparison. Spectrum compatible approach whose resulting spectrum matches the design spectrum at the entire range of the structural period is considered as alternative to be compared to the amplitude scaling approach. The design spectrum is generated according to ASCE7-05.

• Tuberculosis and Respiratory Diseases
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• 제71권5호
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• pp.322-327
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• 2011

Background: Pneumocystis jirovecii is a fungus that has become an important cause of opportunistic infections. We present a summary of the clinical status and findings from bronchoalveolar lavage (BAL) of patients with Pneumocystis jirovecii pneumonia (PJP). Methods: We selected 30 cases of PJP that were proven through a surgical specimen evaluation. BAL fluid cytology was reviewed, and agreement with the initial diagnosis was evaluated. Results: All 30 cases of PJP occurred in immunocompromised patients. Only 15 of the 30 cases were initially diagnosed as PJP. We found PJP in 13 of the 15 cases that were negative at the initial diagnosis. The most characteristic finding of PJP was frothy exudates, and BAL fluid tended to show rare neutrophils. Two of seven patients with PJP and diffuse alveolar damage (DAD) revealed no frothy exudates in BAL fluid. Conclusion: BAL fluid cytology was reconfirmed as a sensitive and rapid method to diagnose PJP. We must be aware of the possibility of PJP to maintain high diagnostic sensitivity. We cannot exclude PJP in cases of PJP with DAD, even if frothy exudates are not observed in the BAL fluid.

• Journal of the Korea institute for structural maintenance and inspection
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• 제25권3호
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• pp.21-30
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• 2021

Architectural cultural properties suffer a lot of damage due to various environmental factors. In order to preserve damaged cultural properties, preventive preservation and long-term preservation management are becoming more important. Therefore, research on a scientific non-destructive testing method applicable to regular inspection is required. For related research, DangGan with a high flag-pole shape was selected as the subject of study among various cultural properties. Among the preserved DangGans, a basic study was conducted on the analysis technique to evaluate the structural stability by selecting Treasure No. 49 Naju SeokDangGan. An idealized model was presented and a multi-degree of freedom equation of motion was derived. In addition, an equation for estimating the critical stiffness value for each joint position is presented.

• Journal of the Korean Society for Precision Engineering
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• 제23권11호
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• pp.78-84
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• 2006

The objective of this study is to design the optimal die profile that can prevent material fracture in the tube drawing process for automobile steering input shaft. First, the CDV(Critical Damage Value) of material is obtained by the compression test and FE-analysis. The occurrence of fracture is estimated by the FE-analysis considering the CDV. In order to achieve the objective of this study, optimization technique and FE-analysis are applied. FPS(Flexible Polyhedron Search) method, which is one of the non-gradient optimization techniques often used in engineering, is used to search optimal die profile. The drawing die profile is represented by Bezier-curve to generate all the possible die profile. Using FPS method and FE-analysis the optimal drawing die profile is determined. To verify tile effectiveness of the redesigned optimal die, the tube drawing experiment is performed. In the experimental result, it is possible to produce sound product without material fracture using the redesigned optimal die.