• Title/Summary/Keyword: Damages

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Vibration Regulations and Damages Evaluation Method for Human (인체에 대한 진동의 허용 기준 및 피해 산정에 관한 연구)

  • 양형식;전양수;이경운
    • Tunnel and Underground Space
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    • v.7 no.4
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    • pp.310-322
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    • 1997
  • New limits of comfort boundary, psychological damage boundary and exposure limit for building residents by continuous and vibration are suggested. These limits are derived from the ISO 2631 and DIN 4150 regulations. A reasonable method to evaluate damages by vibrations is also suggested using the "total over-exposure of vibration" concept.; concept.

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A Study on the Problems in Exercising Buyer's Right to Claim Damages for the Breach of Contract by the Seller in International Sales Contract - Focusing on CISG and UNIDROIT Principles(2010) - (국제물품매매계약에서 매도인의 계약위반에 대한 매수인의 손해배상청구권 행사의 문제점 - CISG와 UNIDROIT Principles(2010)을 중심으로-)

  • Oh, Won Suk;Youn, Young Mi;Lim, Sung Chul
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.58
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    • pp.3-33
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    • 2013
  • The purpose of this paper is to examine the problems in exercising buyer's right to claim damages for the breach of contract by the seller in international sales contract and to suggest reasonable counter-measures. The main contents are as follows: First, this author analyzed the principles of the seller's liability for damages in detail and examined the methods for the calculation of damages on the basis of Arts.74~77. As these articles are found to be insufficient in practical application, this author further examined the UNIDROIT Principles(2004) to confirm whether these Principles can fill the gaps of CISG or not, which turned out their gap-filling functions. Second, this author tried to find any expected problems when the buyer resorts to the right to claim damages in case of the seller's breach of contract including the estimation of damages, the burden of proof, causation, the proof of appropriateness for avoidance, the proof of buyer's obligation to mitigate the loss and so on. The reason is that these problems may cause a lot of difficulties in real business. As result, many buyers have given up their reasonable rights to claim damages so far. Finally, from the buyer's perspective, this author would like to suggest a liquidated damage clause(LD Clause) which gives the buyer to received a specified sum in case of seller's non-performance and/or a demand guarantee(or standby L/C) which guarantees buyer to secure unconditional payment independent of the underlying contract. For these purposes, the buyer should try to insert the LD Clause and/or Guarantee Clause in the contract when the buyer and the seller negotiate the sales contract. Also there are a lot of considerations and limitations in using the LD Clause and the Guarantee Clause in their real business, mainly dependent up bargain power between the seller and the buyer, for which this author promise to examine in detail in the future.

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Physiological and Structural Damages in Acorus calamus var. angustatus as Native Aquatic Plants to Cadmium (카드뮴에 의한 수생식물 창포의 생리적·구조적 장해)

  • Lee, Sung-Chun;Kim, Wan-Soon
    • Horticultural Science & Technology
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    • v.30 no.4
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    • pp.371-377
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    • 2012
  • This study was conducted to investigate the physiological and structural damages to cadmium (Cd) in Acorus calamus var. angustatus as a native aquatic species in Korea. In addition to the physiological responses such as plant growth, photosynthesis, and root activity, the structural damages in leaf and root tissues were observed through light and scanning electronic microscopy. The five-leaf plants were treated with different Cd concentrations 0, 10, 25, and 50 ${\mu}M$ for 15 days. The plant damages to Cd were significant at 10-25 ${\mu}M$ Cd physiologically and at 25-50 ${\mu}M$ Cd structurally. The physiological damages in the shoot part (photosynthesis) started at 10 ${\mu}M$ Cd whereas those in root part (root activity) were serious above 25 ${\mu}M$ Cd. On the other hand, the structural damages began at 25 ${\mu}M$ Cd in the leaf and root tissues similarly, but the plant tissue destruction was more serious in the roots than in leaves. Based on the plant physiological and structural damages, 10 ${\mu}M$ was assumed to be the limited concentration for sustainable growth and landscaping ability in Acorus calamus var. angustatus to Cd.

Relationships between Intensity of Extreme Climate Events and Magnitude of Damages for Different Typhoon Tracks in the Republic of Korea (우리나라 태풍 내습 유형별 극한기후현상 강도와 피해 규모의 관련성)

  • Lee, Seung-Wook;Ahn, Suk-Hee;Lim, Byunghwan;Choi, Gwangyong
    • Journal of the Korean association of regional geographers
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    • v.22 no.2
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    • pp.450-465
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    • 2016
  • The purpose of this study is to examine the spatial characteristics of relationships between the intensity of extreme climate events driven by typhoons and the magnitude of economic damages at local municipality scales across the Republic of Korea for the recent 15-year period (2000~2014). As results, it is observed that the intensity of extreme temperature events such as heavy rainfall and gusty wind accounts for 50% of the damages magnitude across Korea, while the correlation between the two at the Si-Gun municipality level regionally varies. Positive correlations between the intensity of heavy rainfall events and typhoon damages are observed in the southeastern regions of Taebaek-Sobaek mountain ridges, while such statistically-significant patterns are not detected in the northwestern region. In contrast, statistically-significant positive correlations between the strength of gusty winds and damages are found in most of regions except for some interior regions and northeastern mountainous regions. Classification maps of major extreme climate event types (heavy rainfall-prevailing type, gusty wind-prevailing type, and their combined type) leading to typhoon damages at the Si-Gun municipality scales provided in this study may help local administrations to make the optimized policies for typhoon damage mitigation.

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The Necessity and Possibility of Punitive Damages System for the accident prevention (안전사고 예방을 위한 징벌적 손해배상제도 도입 필요성)

  • Han, Min-Suk;Lee, Bo-Young
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.16 no.9
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    • pp.5865-5874
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    • 2015
  • Large accidents such as the recent to the ringing years Pat disaster they become apparent in the human resources, the cause of the accident is also the site corresponding manual member and management blind spots, are aggregated such as safety frigidity. Big problem is safe frigidity of workplace than accident. It is also a reason to introduce a punitive damages system in offices and business owners that caused the direct safety accident from this point. Punitive damages agent and compensation for mental damage, by so as to compensate for far more money than the actual damages, which carry a punishment nature to prevent a situation where the tort is repeated. Currently, it admits "compensatory damages system" corresponding to the damage that gave basically damage by law, but are subject to criticism that not properly relief victims. However, there is a need for the introduction of punitive damages system for safety accident prevention. This is, this system, while to prevent the recurrence of the reverse safety accident, strive to investment and management for safety, healthy companies can operate in the direction of giving more opportunities, national companies that are ignoring and threatening the safety, but to leave because the match also to social justice.

SO2 Concentrations and Health Damages under Alternative US-EPA Policies (US-EPA 정책하에서의 SO2 농도와 건강피해)

  • Hlasny, Vladimir
    • Environmental and Resource Economics Review
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    • v.18 no.3
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    • pp.393-430
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    • 2009
  • This study uses a computable partial-equilibrium model of the U.S. energy industry to evaluate sulfur dioxide concentrations under two environmental policies. The policies, generator-level emission caps and tradable allowances, are selected to yield identical aggregate emissions. Regional concentrations are found to vary across the two policies significantly. These variations translate into different losses for individual states, and, nationwide, to differences of hundreds of millions of dollars in aggregate health damages. Emission caps outperform allowances by $452 million. Caps favor the southwestern, south-central and southeastern states, where they deliver $840 million lower damages than the other policies, while they deliver $390 million higher damages In northern and northeastern states.

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Effect of cross-beam on stresses revealed in orthotropic steel bridges

  • Fettahoglu, Abdullah
    • Steel and Composite Structures
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    • v.18 no.1
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    • pp.149-163
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    • 2015
  • Orthotropic steel highway bridges exist almost everywhere in world, especially in Europe. The design of these bridges started very early in 20th century and ended with a conventional orthotropic steel bridge structure, which is today specified in DIN FB 103. These bridges were mostly built in 1960's and exhibit damages in steel structural parts. The primary reason of these damages is the high pressure that is induced by wheel- loads and therefore damages develop especially in heavy traffic lanes. Constructive rules are supplied by standards to avoid damages in orthotropic steel structural parts. These rules are first given in detail in the standard DIN 18809 (Steel highway- and pedestrian bridges- design, construction, fabrication) and then in DIN- FB 103 (Steel bridges). Bridges built in the past are today subject to heavier wheel loads and the frequency of loading is also increased. Because the vehicles produced today in 21st century are heavier than before and more people have vehicle in comparison with 20th century. Therefore dimensioning or strengthening of orthotropic steel bridges by using stiffer dimensions and shorter spans is an essence. In the scope of this study the complex geometry of conventional steel orthotropic bridge is generated by FE-Program and the effects of cross beam web thickness and cross beam span on steel bridge are assessed by means of a parameter study. Consequently, dimensional and constructional recommendations in association with cross beam thickness and span will be given by this study.

The Case Study on the Application of the Standard Method for the Estimation of Range and Degree of Fisheries Damages Caused by Warm Water Drained by Generating Plants (발전소 온배수에 의한 어업피해범위와 정도 및 어업처분을 결정하는 표준화 방안의 적용사례분석)

  • Kang Yong-Joo;Kim Ki-Soo
    • The Journal of Fisheries Business Administration
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    • v.37 no.1 s.70
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    • pp.73-93
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    • 2006
  • This paper tries to apply the standard method for the estimation of range and degree of fisheries damages caused by warm water drained by generating plants to a real situation. The theoretic foundation of the study has been shown in the article published on the journal of fisheries business administration of last year. The paper tries to examine the degree of external appicability of the theoretic model through empirical study. The results of the study are as follows. The model has been found a successful device for the estimation of fisheries damages caused by warm water drained by generating plants. It also shows a possibility to work in any other fisheries damage cases caused by several kinds of public undertaking on coastal areas. The key of the model is the successful derivation of the quantity amount of the critical variation of environmental factors for example, in this case, water thermal variation. Therefore the countinous and appropriate collection of law data on the environmental factors under a viewpoint of statistics is essential to the usefulness of the model.

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