• Title/Summary/Keyword: Fault Study

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Paleogene dyke swarms in the eastern Geoje Island, Korea: their absolute ages and tectonic implications (거제도 동부에 분포하는 고제3기 암맥군: 절대연대와 지구조적 의미)

  • Son, Moon;Kim, Jong-Sun;Hwang, Byoung-Hoon;Lee, In-Hyun;Kim, Jeong-Min;Song, Cheol-Woo;Kim, In-Soo
    • The Journal of the Petrological Society of Korea
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    • v.16 no.2 s.48
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    • pp.82-99
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    • 2007
  • The Paleogene dikes intruding into the late Cretaceous granodiorite are pervasively observed in the Irun-myeon, eastern Geoje Island. They are classified into three groups: NW-trending acidic dike swarm and WNW- (A-Group) and $NS{\sim}NNE-trending$ (B-Group) basic dike swarms. Based on their cross-cutting relationships, the earliest is the acidic dike group and fellowed by A- and B-Groups in succession. The acidic dikes seem to have intruded into tension gashes induced by the sinistral strike-slip faulting of the Yangsan fault system during the late $Cretaceous{\sim}early$ Paleogene. In terms of rock-type, orientation, age, and geochemistry, A-Group and B-Group are intimately correlated with the intermediate and basic dike swarms in the Gyeongju-Gampo area, respectively. These results significantly suggest that the corresponding dike swarms are genetically related. Based on the K-Ar and Ar-Ar age data, A- and B- Groups were intruded during $64{\sim}52\;Ma$ and $51{\sim}44\;Ma$, respectively. The result means that the direction of tensional stress in and around the SE Korean peninsula was changed abruptly from NNE-SSW to $EW{\sim}WNW-ESE$ at about 51 Ma. Considering the tectonic environments during the Paleogene, it is interpreted that A-Group was injected along the WNW-trending tensional fractures developed under an regional sinistral simple shear regime which was caused by the north-northwestward oblique subduction of the Pacific plate beneath the Eurasian plate. Meanwhile, the regional stress caused by the collision of India and Eurasia continents at about 55 Ma was likely propagated to the East Asia at about 51 Ma, and then the East Asia including the Korean peninsula was extruded eastwards as a trench-rollback and the dip of downgoing slab of the Pacific plate was abruptly steepened. As a result, the strong suction-force along the plate boundary produced a tensional stress field trending EW or WNW-ESE in and around the Korean peninsula, which resultantly induced B-Group to intrude passively into the study area.

Case study on the lake-land combined seismic survey for underground LPG storage construction (LPG 지하저장기지 건설을 위한 수륙혼합 탄성파탐사 사례)

  • Cha Seong-Soo;Park Keun-Pil;Lee Ho-Young;Lee Hee-Il;Kim Ho-Young
    • 한국지구물리탐사학회:학술대회논문집
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    • 2002.09a
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    • pp.101-125
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    • 2002
  • A lake seismic survey was carried out to investigate possible geohazards for construction of the underground LPG storage at Namyang Lake. The proposed survey site has a land-lake combined geography and furthermore water depth of the lake is shallow. Therefore, various seismic methods such as marine single channel high resolution seismic reflection survey, sonobuoy refraction survey, land refraction survey and land-lake combined refraction survey were applied. Total survey amounts are 34 line-km of high resolution lake seismic survey, 14 lines of sonobuoy refraction survey, 890 m of land refraction survey and 8 lines of land-lake combined refraction survey. During the reflection survey, there were severe water reverberations from the lake bottom obscured subsurface profiling. These strong multiple events appeared in most of the survey area except the northern and southern area near the embankment where seems to be accumulated mainly mud dominated depositions. The sonobuoy refraction profiles also showed the same Phenomena as those of reflection survey. Meanwhile the results of the land-lake combined refraction survey showed relatively better qualities. However, the land refraction survey did not so due to low velocity soil layer and electrical noise. Summarized results from the lake seismic survey are that acoustic basement with relatively flat pattern appeared 30m below water level and showed three types of bedrock such as fresh, moderately weathered and weathered type. According to the results of the combined refraction survey, a velocity distribution pattern of the lake bottom shows three types of seismic velocity zone such as >4.5 km/s, 4.5-4.0km/s and <4.0km/s. The major fault lineament in the area showed NW-SE trend which was different from the Landsat image interpretation. A drilling was confirmed estimated faults by seismic survey.

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Geomorphic Features of Bing-gye Valley Area(Kyongbuk Province, South Korea) -Mainly about Talus- (의성 빙계계곡 일대의 지형적 특성 -테일러스를 중심으로-)

  • Jeon, Young-Gweon
    • Journal of the Korean association of regional geographers
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    • v.4 no.2
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    • pp.49-64
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    • 1998
  • Bing-gye valley(Kyongbuk Province, South Korea) is well known as a tourist attraction because of its meteorologic characteristics that show subzero temperature during midsummer. Also, there are some interesting geomorphic features in the valley area. Therefore, the valley is worth researching in geomorphology field. The aim of this paper is to achieve two purposes. These are to clarify geomorphic features on talus within Bing-gye valley area, and to infer the origin of Bing-gye valley. The main results are summarized as follows. 1) The formation of Bing-gye valley It would be possible to infer the following two ideas regarding the formation of Bing-gye valley. One is that the valley was formed by differential erosion of stream along fault line, and the other is that the rate of upheaval comparatively exceeded the rate of stream erosion. Especially, the latter may be associated with the fact that the width of the valley is much narrow. Judging that the fact the width of the valley is much narrow, compared with one of its upper or lower valley, it is inferred that Bing-gye valley is transverse valley. 2) The geomorphic features of talus (1) Pattern It seems to be true that the removal of matrix(finer materials) by the running water beneath the surface can result in partly collapse hollows. Taluses are tongue-shaped or cone-shaped in appearance. They are $120{\sim}200m$ in length, $30{\sim}40m$ in maximum width. and $32{\sim}33^{\circ}$ in mean slope gradient. The component blocks are mostly homogeneous in size and shape(angular), which reflect highly jointed free face produced by frost action under periglacial environment. (2) Origin On the basis of previous studies, the type of the talus is classified into rock fall talus. When considered in conjunction with the degrees of both weathering of blocks and hardness of blocks, it can be explained that the talus was formed under periglacial environment in pleistocene time. (3) The inner structure of block accumulation I recognize a three-layered structure in the talus as follows: (a) superficial layer; debris with openwork texture at the surface, 1.3m thick. (b) intermediate layer: small debris(about 5cm in diameter) with fine matrix(including humic soil), 70cm thick. (c) basal layer: over 2m beneath surface, almost pure soil horizon without debris (4) The stage of landform development Most of the blocks are now covered with lichen, and/or a mantle of weathering. It is believed that downslope movement by talus creep well explains the formation of concave slope of the talus. There is no evidence of present motion in the deposit. Judging from above-mentioned facts, the talus of this study area appears to be inactive and fossil landform.

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Performance of Investment Strategy using Investor-specific Transaction Information and Machine Learning (투자자별 거래정보와 머신러닝을 활용한 투자전략의 성과)

  • Kim, Kyung Mock;Kim, Sun Woong;Choi, Heung Sik
    • Journal of Intelligence and Information Systems
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    • v.27 no.1
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    • pp.65-82
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    • 2021
  • Stock market investors are generally split into foreign investors, institutional investors, and individual investors. Compared to individual investor groups, professional investor groups such as foreign investors have an advantage in information and financial power and, as a result, foreign investors are known to show good investment performance among market participants. The purpose of this study is to propose an investment strategy that combines investor-specific transaction information and machine learning, and to analyze the portfolio investment performance of the proposed model using actual stock price and investor-specific transaction data. The Korea Exchange offers daily information on the volume of purchase and sale of each investor to securities firms. We developed a data collection program in C# programming language using an API provided by Daishin Securities Cybosplus, and collected 151 out of 200 KOSPI stocks with daily opening price, closing price and investor-specific net purchase data from January 2, 2007 to July 31, 2017. The self-organizing map model is an artificial neural network that performs clustering by unsupervised learning and has been introduced by Teuvo Kohonen since 1984. We implement competition among intra-surface artificial neurons, and all connections are non-recursive artificial neural networks that go from bottom to top. It can also be expanded to multiple layers, although many fault layers are commonly used. Linear functions are used by active functions of artificial nerve cells, and learning rules use Instar rules as well as general competitive learning. The core of the backpropagation model is the model that performs classification by supervised learning as an artificial neural network. We grouped and transformed investor-specific transaction volume data to learn backpropagation models through the self-organizing map model of artificial neural networks. As a result of the estimation of verification data through training, the portfolios were rebalanced monthly. For performance analysis, a passive portfolio was designated and the KOSPI 200 and KOSPI index returns for proxies on market returns were also obtained. Performance analysis was conducted using the equally-weighted portfolio return, compound interest rate, annual return, Maximum Draw Down, standard deviation, and Sharpe Ratio. Buy and hold returns of the top 10 market capitalization stocks are designated as a benchmark. Buy and hold strategy is the best strategy under the efficient market hypothesis. The prediction rate of learning data using backpropagation model was significantly high at 96.61%, while the prediction rate of verification data was also relatively high in the results of the 57.1% verification data. The performance evaluation of self-organizing map grouping can be determined as a result of a backpropagation model. This is because if the grouping results of the self-organizing map model had been poor, the learning results of the backpropagation model would have been poor. In this way, the performance assessment of machine learning is judged to be better learned than previous studies. Our portfolio doubled the return on the benchmark and performed better than the market returns on the KOSPI and KOSPI 200 indexes. In contrast to the benchmark, the MDD and standard deviation for portfolio risk indicators also showed better results. The Sharpe Ratio performed higher than benchmarks and stock market indexes. Through this, we presented the direction of portfolio composition program using machine learning and investor-specific transaction information and showed that it can be used to develop programs for real stock investment. The return is the result of monthly portfolio composition and asset rebalancing to the same proportion. Better outcomes are predicted when forming a monthly portfolio if the system is enforced by rebalancing the suggested stocks continuously without selling and re-buying it. Therefore, real transactions appear to be relevant.

Analysis on dynamic numerical model of subsea railway tunnel considering various ground and seismic conditions (다양한 지반 및 지진하중 조건을 고려한 해저철도 터널의 동적 수치모델 분석)

  • Changwon Kwak;Jeongjun Park;Mintaek Yoo
    • Journal of Korean Tunnelling and Underground Space Association
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    • v.25 no.6
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    • pp.583-603
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    • 2023
  • Recently, the advancement of mechanical tunnel boring machine (TBM) technology and the characteristics of subsea railway tunnels subjected to hydrostatic pressure have led to the widespread application of shield TBM methods in the design and construction of subsea railway tunnels. Subsea railway tunnels are exposed in a constant pore water pressure and are influenced by the amplification of seismic waves during earthquake. In particular, seismic loads acting on subsea railway tunnels under various ground conditions such as soft ground, soft soil-rock composite ground, and fractured zones can cause significant changes in tunnel displacement and stress, thereby affecting tunnel safety. Additionally, the dynamic response of the ground and tunnel varies based on seismic load parameters such as frequency characteristics, seismic waveform, and peak acceleration, adding complexity to the behavior of the ground-tunnel structure system. In this study, a finite difference method is employed to model the entire ground-tunnel structure system, considering hydrostatic pressure, for the investigation of dynamic behavior of subsea railway tunnel during earthquake. Since the key factors influencing the dynamic behavior during seismic events are ground conditions and seismic waves, six analysis cases are established based on virtual ground conditions: Case-1 with weathered soil, Case-2 with hard rock, Case-3 with a composite ground of soil and hard rock in the tunnel longitudinal direction, Case-4 with the tunnel passing through a narrow fault zone, Case-5 with a composite ground of soft soil and hard rock in the tunnel longitudinal direction, and Case-6 with the tunnel passing through a wide fractured zone. As a result, horizontal displacements due to earthquakes tend to increase with an increase in ground stiffness, however, the displacements tend to be restrained due to the confining effects of the ground and the rigid shield segments. On the contrary, peak compressive stress of segment significantly increases with weaker ground stiffness and the effects of displacement restrain contribute the increase of peak compressive stress of segment.

Lived experience of mothers who have child with cerebral palsy (뇌성마비아 어머니의 경험)

  • Lee Hwa Za;Kim Yee Soon;Lee Gee Won;Gwan Soo Za;Kang In Soon;An Hea Gyung
    • Child Health Nursing Research
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    • v.2 no.1
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    • pp.93-111
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    • 1996
  • The purpose of the study is to identify the lived experience of mothers who have children with cerebral palsy in order to understand their agony. Moreover, the result of study was to find some nursing intervention for disabled children and their mothers. For this purpose, ten mothers who are willing to cooperate with this research were selected at random from those who have children with the cerebral palsy, currently using the municipal facilities for the handicapped with cerebral malfunction. Data collection was done from October 4, 1994 th December 31, 1994. The data were collected by asking the mothers mentioned above with some unstructured open-ended questions, recorded on the tapes with permission by the interviewee in order to prevent missing of the interviewed contents. These collected data have been substantiated and properly analyzed on the basis of phenomenological approach initiated by Colaizzi's method. The results and validity are proved to be credible by means of the individual checking of the interviewed mothers. The results of this study are as follows : 1. When the mother is first informed of the diagnosis of cerebral palsy on her child, she usually misses the crucial timing needed for proper treatment of the child's disorder because she is notified through the doctor's indifference and his apparently inactive, matter-of-fact attitude. At first she suspects the doctor's diagnosis and tries to attribute it to the unknown cause from a certain genetic problem and then she quickly wants to deny the whole situation that her child is really suffering from the cerebral palsy. The reality is too much for her to accept as it is and she would not believe her child is abnormal. Therefore, she even attempts depend on the power of God for its solution. 2. The mother, who goes thorough this kind of uncommon experiences, is totally devoted to the treatment and care of the child and completely ignores her own life and happiness. At the same time, she feels sorry for her other normal children she believes having not enough care and concern. Also, she feels sorry for the sick child when the child's brothers or sisters show special concern for the patient out of sympathy. It is sorry and not satisfied for her that the child is growing with abnormality and neighbor other around have inappropriate attitudes. Likewise, she is discontent with her husband's lack of concern about the child's treatment. She believes that the health care system in this society isn't fulfilling its due purpose. In the state of her utmost distress and anxiety, she always feels the need of competent consultants, and is angry about that her child is treated as an abnormal being, she is trying to hide the child from other people and to make him or her disappear, if possible. Although she doesn't have harmonious relation with her husband, she id happy when he shows his affection for the child and she feels relieved and thankful when the relatives don't mention about the child's condition Since the child's overall status of health is continuously in unstable conditions, requiring her all-time readiness for an emergency, she feels guilty of her child's illness toward the fEmily members as if it was her own fault to have borne such an abnormal child and she feels responsible for the child morally and financially if necessary Because her life is centered on taking care of the child, she cannot afford to enjoy her own life and happiness. She is a lonely mother, fatigued, with no proper relationship with other people around her. With this sense of guilt and responsibility as a mother of an unusual disease, she has no choice but to grieve her destiny from which she is not allowed to escape. 3. Nevertheless, the mother with the child suffering from the cerebral palsy does not easily give up the hope of getting her child cured and she believes that in the long run, though slower than hoped, her abnormal son or daughter will be eventually cured to become a normal sibling someday. This kind of hope is sustained by the mother's strong faith coming from observing the progress of other similar children getting better. Sometimes she is encouraged to have this faith by other mothers who share the same painful experiences, believing that her child will improve even more rapidly than others with the same palsy. Full of hope, she painstakingly waits for the child's healing. Moreover, she plans to have another child. she thinks that the patient child's brothers and sisters only can truly understand and look after the patients. However, when she notices that the progress of other children under the treatment does not look so hopeful, she is distressed by the thoughts that her child may never get well. Too, she is worried that the patient's brother or sister will be born as the same invalid with the cerebral disease. She is discouraged to have another baby as much as she is encouraged to. She is also troubled by the thought that in case she has another baby, she will have to be forced. to neglect the patient child, especially when she does have an extra hand or some reliable person to help her with taking care of the patient.

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A Survey on Child Battering among Elementary School Children and Related Factors in Urban and Rural Areas (도시 및 농어촌 아동의 가정내 구타발생률 및 관련요인 조사)

  • Jeon, Kae-Soon;Park, Jung-Han
    • Journal of Preventive Medicine and Public Health
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    • v.24 no.2 s.34
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    • pp.232-242
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    • 1991
  • To determine the incidence rate of child battering and related factors, a questionnaire survey was Conducted on 1,255 children in 4th and 5th grades of two elementary schools (one in the upper economic class area with 519 students and the other in the lower economic class area with 504 students) in Taegu and two schools in rural areas of Kyungpook province (120 and 112 students, respectively) from 1st May to 10th May 1990. Total number of children who were battered during one-month period (1-30 April 1990) prior to the survey was 918 (73.1%). Among the battered children 87 (6.9%) were severely battered (twice or more in a month by kicking or more severe method) and 831 children (66.2%) were moderately battered (all other battering than severe battering). The percentage of battered children and degree of battering were not significantly different between two schools in Taegu and between urban and rural areas. Common reasons for battering were disobediance (61.9%), making troubles (34.9%), and poor school performance (33.3%). However, 16.1% of severely battered children responded that the perpetrators battered them to wreak their anger and 5.7% of them did not know the reason why they were battered. A majority of the battered children (65%) regretted their fault after being battered but 20.7% of the severely battered children wanted to run away and 9.2% of them had an urge to commit suicide. While most of the physical injuries due to battering were minor as bruise (52.7%) but some of them were severe, e.g., bone fracture (2.5%), skin laceration (1.5%), and loss of consciousness. (0.2%). The common psycho-behavioral complaints of the severely battered children were unwillingness to study (31%), unwillingness to live (17.2%), and reluctance to go home (13.8%). The incidence rate of severe battering was significantly higher (p=0.018) among the children living in a quarter attached to a store (14.0%) than the children living in an apartment (6.6%) and individual house (6.2%). The incidence rate of severe battering was higher among children living in a rental house (8.4%) than children living in their own house 6.3%) (p=0.005). The children of father only working (5.1%) and mother only working (4.5%) had a lower incidence rate of severe battering than the children of both parents working (9.1%) and both parents unemployed (20.7%) (p=0.006). More children were battered when there was a sick family member (80.8%) compared with the children without a sick family member (71.4%) (p=0.001). The incidence rates of severe and moderate battering increased as the frequency of quarreling between mother and father increased (P=0.000). The percentage of unbattered children was higher among children whose father's occupation was professional (39.4%) than that of the total study subjects (26.9%) (p<0.001).

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Legal Study for the KSLV launching - Products & Third Party Liability - (KSLV발사에 따른 제작 및 제3자피해 책임에 대한 우주법적 소고)

  • Shin, Sung-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.1
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    • pp.169-189
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    • 2006
  • In 2007, KSLV(Korea Small Launching Vehicle) that we made at Goheung National Space Center is going to launch and promotes of our space exploration systematically and 'Space Exploration Promotion Act' was enter into force. 'Space Exploration Promotion Act' article 3, section 1, as is prescribing "Korean government keeps the space treaties contracted with other countries and international organizations and pursues after peaceful uses of outer space." The representative international treaties are Outer Space Treaty (1967) and Liability Convention (1972) etc. In Liability convention article 2, "A launching State shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight. The important content of the art. 2 is the responsible entity is the 'State' not the 'Company'. According by Korean Space Exploration Act art. 14, person who launches space objects according to art. 8 and art. 11 must bear the liability for damages owing to space accidents of the space objects. Could Korean government apply the Products Liability Act which is enter into force from July 1, 2002 to space launching person? And what is the contact type between Korea Aerospace Research Institute(KARl) and Russia manufacturer. Is that a Co-Development contract or Licence Product contract? And there is no exemption clause to waive the Russia manufacturer's liability which we could find it from other similar contract condition. If there is no exemption clause to the Russia manufacturer, could we apply the Korean Products Liability Act to Russia one? The most important legal point is whether we could apply the Korean Products Liability Act to the main component company. According by the art. 17 of the contract between KARl and the company, KARl already apply the Products Liability Act to the main component company. For reference, we need to examine the Appalachian Insurance co. v. McDonnell Douglas case, this case is that long distance electricity communication satellite of Western Union Telegraph company possessions fails on track entry. In Western Union's insurance company supplied to Western Union with insurance of $ 105 millions, which has the satellite regard as entirely damage. Five insurance companies -Appalachian insurance company, Commonwealth insurance company, Industrial Indemnity, Mutual Marine Office, Northbrook Excess & Surplus insurance company- went to court against McDonnell Douglases, Morton Thiokol and Hitco company to inquire for fault and strict liability of product. By the Appalachian Insurance co. v. McDonnell Douglas case, KARl should waiver the main component's product liability burden. And we could study the possibility of the adapt 'Government Contractor Defense' theory to the main component company.

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Construction and Application of Intelligent Decision Support System through Defense Ontology - Application example of Air Force Logistics Situation Management System (국방 온톨로지를 통한 지능형 의사결정지원시스템 구축 및 활용 - 공군 군수상황관리체계 적용 사례)

  • Jo, Wongi;Kim, Hak-Jin
    • Journal of Intelligence and Information Systems
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    • v.25 no.2
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    • pp.77-97
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    • 2019
  • The large amount of data that emerges from the initial connection environment of the Fourth Industrial Revolution is a major factor that distinguishes the Fourth Industrial Revolution from the existing production environment. This environment has two-sided features that allow it to produce data while using it. And the data produced so produces another value. Due to the massive scale of data, future information systems need to process more data in terms of quantities than existing information systems. In addition, in terms of quality, only a large amount of data, Ability is required. In a small-scale information system, it is possible for a person to accurately understand the system and obtain the necessary information, but in a variety of complex systems where it is difficult to understand the system accurately, it becomes increasingly difficult to acquire the desired information. In other words, more accurate processing of large amounts of data has become a basic condition for future information systems. This problem related to the efficient performance of the information system can be solved by building a semantic web which enables various information processing by expressing the collected data as an ontology that can be understood by not only people but also computers. For example, as in most other organizations, IT has been introduced in the military, and most of the work has been done through information systems. Currently, most of the work is done through information systems. As existing systems contain increasingly large amounts of data, efforts are needed to make the system easier to use through its data utilization. An ontology-based system has a large data semantic network through connection with other systems, and has a wide range of databases that can be utilized, and has the advantage of searching more precisely and quickly through relationships between predefined concepts. In this paper, we propose a defense ontology as a method for effective data management and decision support. In order to judge the applicability and effectiveness of the actual system, we reconstructed the existing air force munitions situation management system as an ontology based system. It is a system constructed to strengthen management and control of logistics situation of commanders and practitioners by providing real - time information on maintenance and distribution situation as it becomes difficult to use complicated logistics information system with large amount of data. Although it is a method to take pre-specified necessary information from the existing logistics system and display it as a web page, it is also difficult to confirm this system except for a few specified items in advance, and it is also time-consuming to extend the additional function if necessary And it is a system composed of category type without search function. Therefore, it has a disadvantage that it can be easily utilized only when the system is well known as in the existing system. The ontology-based logistics situation management system is designed to provide the intuitive visualization of the complex information of the existing logistics information system through the ontology. In order to construct the logistics situation management system through the ontology, And the useful functions such as performance - based logistics support contract management and component dictionary are further identified and included in the ontology. In order to confirm whether the constructed ontology can be used for decision support, it is necessary to implement a meaningful analysis function such as calculation of the utilization rate of the aircraft, inquiry about performance-based military contract. Especially, in contrast to building ontology database in ontology study in the past, in this study, time series data which change value according to time such as the state of aircraft by date are constructed by ontology, and through the constructed ontology, It is confirmed that it is possible to calculate the utilization rate based on various criteria as well as the computable utilization rate. In addition, the data related to performance-based logistics contracts introduced as a new maintenance method of aircraft and other munitions can be inquired into various contents, and it is easy to calculate performance indexes used in performance-based logistics contract through reasoning and functions. Of course, we propose a new performance index that complements the limitations of the currently applied performance indicators, and calculate it through the ontology, confirming the possibility of using the constructed ontology. Finally, it is possible to calculate the failure rate or reliability of each component, including MTBF data of the selected fault-tolerant item based on the actual part consumption performance. The reliability of the mission and the reliability of the system are calculated. In order to confirm the usability of the constructed ontology-based logistics situation management system, the proposed system through the Technology Acceptance Model (TAM), which is a representative model for measuring the acceptability of the technology, is more useful and convenient than the existing system.

A Study on the Problems and Resolutions of Provisions in Korean Commercial Law related to the Aircraft Operator's Liability of Compensation for Damages to the Third Party (항공기운항자의 지상 제3자 손해배상책임에 관한 상법 항공운송편 규정의 문제점 및 개선방안)

  • Kim, Ji-Hoon
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.3-54
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    • 2014
  • The Republic of Korea enacted the Air Transport Act in Commercial Law which was entered into force in November, 2011. The Air Transport Act in Korean Commercial Law was established to regulate domestic carriage by air and damages to the third party which occur within the territorial area caused by aircraft operations. There are some problems to be reformed in the Provisions of Korean Commercial Law for the aircraft operator's liability of compensation for damages to the third party caused by aircraft operation as follows. First, the aircraft operator's liability of compensation for damages needs to be improved because it is too low to compensate adequately to the third party damaged owing to the aircraft operation. Therefore, the standard of classifying per aircraft weight is required to be detailed from the current 4-tier into 10-tier and the total limited amount of liability is also in need of being increased to the maximum 7-hundred-million SDR. In addition, the limited amount of liability to the personal damage is necessary to be risen from the present 125,000 SDR to 625,000 SDR according to the recent rate of prices increase. This is the most desirable way to improve the current provisions given the ordinary insurance coverage per one aircraft accident and various specifications of recent aircraft in order to compensate the damaged appropriately. Second, the aircraft operator shall be liable without fault to damages caused by terrorism such as hijacking, attacking an aircraft and utilizing it as means of attack like the 9 11 disaster according to the present Air Transport Act in Korean Commercial Law. Some argue that it is too harsh to aircraft operators and irrational, but given they have also some legal duties of preventing terrorism and in respect of helping the third party damaged, it does not look too harsh or irrational. However, it should be amended into exempting aircraft operator's liability when the terrorism using of an aircraft by well-organized terrorists group happens like 9 11 disaster in view of balancing the interest between the aircraft operator and the third party damaged. Third, considering the large scale of the damage caused by the aircraft operation usually aircraft accident, it is likely that many people damaged can be faced with a financial crisis, and the provision of advance payment for air carrier's liability of compensation also needs to be applied to the case of aircraft operator's liability. Fourth, the aircraft operator now shall be liable to the damages which occur in land or water except air according to the current Air Transport Act of Korean Commercial Law. However, because the damages related to the aircraft operation in air caused by another aircraft operation are not different from those in land or water. Therefore, the term of 'on the surface' should be eliminated in the term of 'third parties on the surface' in order to make the damages by the aircraft operation in air caused by another aircraft operation compensable by Air Transport Act of Korean Commercial Law. It is desired that the Air Transport Act in Commercial Law including the clauses related to the aircraft operator's liability of compensation for damages to the third party be developed continually through the resolutions about its problems mentioned above for compensating the third party damaged appropriately and balancing the interest between the damaged and the aircraft operator.