• Title/Summary/Keyword: Due Process of Law

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A Case Study on the Evaluation Technique of Evacuation Safety in Building Fire (건축물화재시의 피난안전에 관한 평가기술에 대한 사례조사)

  • Kwon, Young-Jin;Lee, Byeong-Heun
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2020.11a
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    • pp.115-116
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    • 2020
  • Recently, due to fires in high-rise residential and commercial buildings and apartments in Ulsan and Busan, the issue of evacuation safety in the event of a building fire is being closely watched. In the evacuation safety design for these building fires, it is important to secure evacuation routes considering the spatial characteristics of the building or the characteristics of the occupants and to take measures to protect the evacuation routes in order to ensure the safety of the occupants in the event of a fire. Although simulation is mainly used in Korea to assess the safety of evacuation, there is a big difference in that the Building Standards Act provides tools that can be calculated more than simulation in neighboring Japan. In addition to the evaluation method, which is called the "Building Law Assessment Methods" in Japan, the research team considered that it is important to know the process of evaluation in future domestic research, and investigated the contents of the evaluation process and wanted to apply it first to domestic buildings in the future.

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HIP Diffusion Bonding of Two Types of Superalloys for Engine Blisk Applications (엔진 블리스크 제조를 위한 초내열합금 이종재의 HIP Diffusion Bonding)

  • 나영상;황형철;염종택;권영삼;박노광
    • Transactions of Materials Processing
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    • v.12 no.1
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    • pp.60-65
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    • 2003
  • HIP diffusion bonding of Ni-based superalloys, cast Mar-M247 (MM247) and Udimet 720 (U720) powder, was experimentally and numerically studied. Subsolvus HIP treatment was optimized by investigating the variations of high temperature tensile properties of HIP-bonded specimens with powder size, HIP'ing time, etc. While the tensile strength at high temperatures showed no detectable changes, the tensile elongation and reduction in area were slightly increased as the powder size decreased from -140 mesh to -270 mesh. While as-HIP'ed U720 showed a high tensile strength comparable to that of lorded U720 alloy, the HIP diffusion-bonded specimen showed a strength lower than the forged U720 alloy and the cast MM247 alloy The increase of HIP'ing tune from 2 hours to 3 hours resulted in a rapid risc of tensile strength and elongation due to the disappearence of microvoids in the cast MM247. FEM simulation for HIP process was conducted by applying the McMeeking micromechanical model, which uses power-law creep model as constitutive equations. ABAQUS user subroutine CREEP with an implemented microscopic model was used for the simulation. Numerical simulation was shown to be essential for the near-net shape manufacturing as well as the HIP process optimization.

A Study on an Adaptive Model Predictive Control for Nonlinear Processes using Fuzzy Model (퍼지모델을 이용한 비선형 공정의 적응 모델예측제어에 관한 연구)

  • 박종진;우광방
    • Journal of the Korean Institute of Intelligent Systems
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    • v.6 no.2
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    • pp.97-105
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    • 1996
  • In this paper, an adaptive model predictive controller for nodinear processes using fuzzy model is proposed. Adaptive structure is implemented by recursive fuzzy modeling. The model and control law can be obtained the same as GPC, because the consequent parts of the fuzzy model comprise linear equations of input and output variables. The proposed Adaptive fuzzy model predictive controller (AFMPC) controls nonlinear process well due to the intrinsic nonlinearity of the fuzzy model. When AFMPC's output is variation in the process control input, it maintains zero steady-state offset for a constant reference input and has superior performance. The properties and performance of the proposed control scheme were examined with nonlinear plant by simulation.

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Decision Making Model for Selecting Financial Company Server Privilege Account Operations (금융회사 서버 Privilege 계정 운영방식 결정 모델)

  • Lee, Suk-Won;Lee, Kyung-Ho
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.25 no.6
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    • pp.1607-1620
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    • 2015
  • The server privilege account must be operated through law and regulation. However, due to regulation non-compliance and inadequate operation on financial company server privilege, an incident that every server data being deleted by hacker occur which is later being named as 'NH Bank Cyber Attack'. In this paper, the current operation status on financial company privilege accounts is being analysed to elicit problems and improvement. From the analysis, important evaluation factors will be also selected and applied generating the decision making model for financial company server privilege account operation. The evaluation factor deducted from privilege account status analysis will be used to present and verify the decision making model and formula through AHP(Analytic Hierarchy process).

Legislative Study on the Mitigation of the Burden of Proof in Hospital Infection Cases - Focusing on the revised Bürgerliches Gesetzbuch - (병원감염 사건에서 증명책임 완화에 관한 입법적 고찰 - 개정 독일민법을 중심으로 -)

  • Yoo, Hyun Jung
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.159-193
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    • 2015
  • Owing to causes such as population aging, increased use of various medical devices, long-term hospitalization of various patients with reduced immune function such as cancer, diabetes, and organ transplant patients, and the growing size of hospitals, hospital infections are continuing to increase. As seen in the MERS crisis of 2015, hospital infections have become a social and national problem. In order to prevent damage due to such hospital infections, it is necessary to first strictly implement measures to prevent hospital infections, while, on the other hand, providing proper relief of damage suffered due to hospital infections. However, the mainstream attitude of judicial precedents relating to hospital infection cases has been judged to in fact shift responsibility over damages due to hospital infections on the patient. In light of the philosophy of the damage compensation system, whose guiding principle if the fair and proper apportionment of damages, there is a need to seek means of drastically relaxing the burden of proof on the patient's side relative to conventional legal principles for relaxing the burden of proof, or the theory of de facto estimation. In relation to such need, the German civil code (Burgerliches Gesetzbuch), which defines contracts of medical treatment as typical contracts under the civil code, and has presumption of negligence provisions stipulating that, in cases such as hospital infections which were completely under the control of the medical care providers, if risks in general medical treatment have been realized which cause violations of the life, body, or health of patients, error on the part of the person providing medical care is presumed, was examined. Contracts of medical treatment are entered into very frequently and broadly in the everyday lives of the general public, with various disputes owing thereto arising. Therefore, it is necessary to, by defining contracts of medical treatment as typical contracts under the civil code, regulate the content of said contracts, as well as the proof of burden when disputes arise. If stipulations in the civil code are premature as of yet, an option may be to regulate through a special act, as is the case with France. In the case of hospital infection cases, it is thought that 'legal presumption of negligence' relating to 'negligence in the occurrence of hospital infections,' which will create a state close to equality of arms, will aid the resolution of the realistic issue of the de facto impossibility of remedying damages occurring due to negligence in the process of occurrence of hospital infections. Also, even if negligence is presumed by law, as the patient side is burdened with proving the causal relationships, such drastic confusion as would occur if the medical care provider side is found fully liable if a hospital infection occurs may be avoided. It is thought that, alongside such efforts, social insurance policy must be improved so as to cover the expenses of medical institutions having strictly implemented efforts to prevent hospital infections in the event that they have suffered damages due to a hospital infection accident, and that close future research and examination into this matter will be required.

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A Legal Study On Expert Opinion of Medical Records and the Judgment - Focus on Medical Civil Liability - (진료기록감정 및 그 판단에 대한 법적 고찰 - 의료민사책임을 중심으로 -)

  • Baek, Kyoung-hee
    • The Korean Society of Law and Medicine
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    • v.20 no.1
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    • pp.83-107
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    • 2019
  • In order to resolve a dispute over a medical accident, the court is in the process of appraising the medical records for medical professionals to report their medical expertise or judgments using that knowledge. The consequences of expert opinion about a medical accident are only one of the methods of evidence as a reference. Therefore, in principle, the court should not be bound to the results, but the court, which is not a medical expert, can not completely rule out medical expert opinion as to whether there is medical malpractice and causality. Therefore, it can not be denied that the proportion of expert opinion of medical records in the dispute about medical accidents is high and it has an important influence on the judgement of the court. In this paper, we examine the significance and function of expert opinion of the medical accident, examine the appraising procedure of the medical records in the court and the appraising procedure of the medical accidents of the Korean medical dispute mediation arbitrator do. In addition, I would like to examine what kind of attitude is being taken in response to expert opinion of medical records in Korea to court, to examine the implications of the case of Japan as a foreign system, and to suggest improvement points in the expert opinion procedure of medical record filing in Korea. In particular, I would like to suggest improvements on issues such as the fairness of the expert opinion of medical records and the delays in litigation due to delays in the process of expert opinion.

FREE-FLOATING PLANETS, THE EINSTEIN DESERT, AND 'OUMUAMUA

  • Gould, Andrew;Jung, Youn Kil;Hwang, Kyu-Ha;Dong, Subo;Albrow, Michael D.;Chung, Sun-Ju;Han, Cheongho;Ryu, Yoon-Hyun;Shin, In-Gu;Shvartzvald, Yossi;Yang, Hongjing;Yee, Jennifer C.;Zang, Weicheng;Cha, Sang-Mok;Kim, Dong-Jin;Kim, Seung-Lee;Lee, Chung-Uk;Lee, Dong-Joo;Lee, Yongseok;Park, Byeong-Gon;Pogge, Richard W.
    • Journal of The Korean Astronomical Society
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    • v.55 no.5
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    • pp.173-194
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    • 2022
  • We complete the survey for finite-source/point-lens (FSPL) giant-source events in 2016-2019 KMTNet microlensing data. The 30 FSPL events show a clear gap in Einstein radius, 9 𝜇as < 𝜃E < 26 𝜇as, which is consistent with the gap in Einstein timescales near tE ~ 0.5 days found by Mróz et al. (2017) in an independent sample of point-source/point-lens (PSPL) events. We demonstrate that the two surveys are consistent. We estimate that the 4 events below this gap are due to a power-law distribution of free-floating planet candidates (FFPs) dNFFP/d log M = (0.4 ± 0.2) (M/38 M)-p/star, with 0.9 ≲ p ≲ 1.2. There are substantially more FFPs than known bound planets, implying that the bound planet power-law index 𝛾 = 0.6 is likely shaped by the ejection process at least as much as by formation. The mass density per decade of FFPs in the Solar neighborhood is of the same order as that of 'Oumuamua-like objects. In particular, if we assume that 'Oumuamua is part of the same process that ejected the FFPs to very wide or unbound orbits, the power-law index is p = 0.89 ± 0.06. If the Solar System's endowment of Neptune-mass objects in Neptune-like orbits is typical, which is consistent with the results of Poleski et al. (2021), then these could account for a substantial fraction of the FFPs in the Neptune-mass range.

A Legal Analysis of Identity Revelation of Malicious Crime's Suspect (강력범죄 피의자의 신상공개에 대한 법적 고찰)

  • Jeong, Cheol-Ho
    • The Journal of the Korea Contents Association
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    • v.12 no.7
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    • pp.156-168
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    • 2012
  • As the increase of violent crimes such as robbery, murder, and rape has become a social problem, the government is considering institutionalizing the identification of criminals to prevent crime and to guarantee people's right to know. Such an atmosphere led to the approval of the revision of 'Special Law On the Punishment of Specific violent Crimes' in the National Assembly in April 2010. The revision allows the revelation of the profiles of crime suspects including the pictures of their faces at the investigation stage. However, whether the revision had been effective in preventing crime has not been demonstrated empirically. Moreover, identity revelation is a grave intrusion into privacy and an abuse of human rights such as personal rights and the right to a fair trial, since personal information of criminal suspects would be released to the media prior to the court's final judgements. Also it violates the principle of presumption of innocence, the principles of due process, the principle of double jeopardy, the principle of prohibition against excessive, the principles of clarity, and the principle of liability.

A study on the practical measures of the corporate crime investigation -Focusing on white color crime-

  • Nam, SeonMo
    • International Journal of Advanced Culture Technology
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    • v.8 no.2
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    • pp.96-100
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    • 2020
  • In this paper, I try to help the business operation so that they could continue the desirable operation despite the unfavorable conditions. It is important to reinforce for corporate growth various support measures to generate profits. However, if they are involved in criminal activities such as slush fund creation, they will have to deal with them separately. As a result, To raise awareness helps to keep the company running. Recently, the companies are in a poor condition due to overseas migration. If a company does not create profits by doing business, it is a burden to continue operating and it will eventually be hard to support and destroy. The corporate crime and white-collar crime are mostly similar types, mainly because they occur in the industry. The corporate crime proceeds throughout the company and ultimately translates into corporate profits. The white-collar crime, on the other hand, is a profitable part of the individual. In the process of generating profits, the purpose and management method of slush funds is an important issue in judging whether illegal immorality of business is intended or not. In addition, in the case of the corporate crime, it seems necessary to identify the types of slush fund raising activities in addition to the investigations of the accomplices and clinical investigations, and to apply efficient investigation methods on a case-by-case basis. At present, many companies frequently migrate overseas due to the influence of domestic regulations. In this process, if it is involved in crime such as a borrowing accounts or the purpose of slush fund creation should be treated separately.

A Study on the Concrete Lining Behavior due to Tunnel Deterioration (터널 열화로 인한 콘크리트 라이닝의 거동에 관한 연구)

  • Han, Young-Chul;Jeong, Sang-Seom
    • Journal of the Korean Geotechnical Society
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    • v.30 no.4
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    • pp.21-34
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    • 2014
  • This paper studies the time-dependent behaviors of tunnel and surrounding ground due to tunnel deterioration. In the first part, the literature on deterioration characteristics of tunnels was reviewed. In the second part, a numerical analysis was performed to investigate the behavior of concrete lining on the typical section of Korean high-speed rail tunnel (weathered rock) after determination of input variables related to deterioration impact. The result shows that the settlement at the crown of tunnel and surface ground increased up to 7.0% and 30.2% of the total settlements during construction stage, respectively, and the internal convergence reduction of 9.0 mm for concrete linings was generated within 30 years after completion of tunnel construction. Also the loosening height increased up to 2.55 times of tunnel height within 50 years, which is higher than that of Terzaghi's recommendation on ultimate state. Due to this process of extending zones, it is found that additional loads were applied to concrete lining with the axial stress about 3.20~3.66 MPa, which accelerates tunnel deterioration. Finally the quantitative design approach to evaluate time-dependent behavior of lining and surrounding ground due to tunnel deterioration was proposed.