• Journal of Science and Technology Studies
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• v.15 no.2
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• pp.229-262
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• 2015

Toxic tort cases have increased dramatically since the 1970s, as large technological systems, such as nuclear power plants and chemical factories, or mass-produced, high-tech products, had exposed citizens and consumers to dangerous substances. It was, however, difficult to establish causal connection between exposure and the alleged harms in many of the environmental, pollution, and product liability cases under the framework of tort law conception of causation and responsibility. Science and law was called upon to resolve such 'late modern' legal cases where true causes are hard to find, where no single explanatory factor is sufficient for explaining diseases like cancer. This article examines how plaintiffs in the Korean tobacco litigation mobilized such late modern tools in science and law, such as epidemiology and the allocation of the burden of proof, in the context of the global circulation of science and law. It further shows how a set of the scientific theories and legal arguments developed in order to cope with late modern risk played a central role in establishing a causation between smoking and cancer in 2011. This article suggests that STS scholars can fruitfully examine the interaction between science and law as a way to understand and engage with social and legal issues engendered by late modern risk.

• Explosives and Blasting
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• v.8 no.1
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• pp.3-16
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• 1990

The cautious blasting works had been used with emulsion explosion electric M/S delay caps. Drill depth was from 3m to 6m with Crawler Drill $\varphi{70mm}$ on the calcalious sand stone(sort-moderate-semi hard Rock). The total numbers of feet blast were 88. Scale distance were induces 15.52-60.32. It was applied to propagation Law in blasting vibration as follows. Propagtion Law in Blasting Vibration $V=K(\frac{D}{W^b})^n$ where V : Peak partical velocity(cm/sec) D : Distance between explosion and recording sites (m) W : Maximum Charge per delay-period of eighit milliseconds or more(Kg) K : Ground transmission constant, empirically determind on th Rocks, Explosive and drilling pattern ets. b : Charge exponents n : Reduced exponents Where the quantity $D/W^b$ is known as the Scale distance. Above equation is worked by the U.S Bureau of Mines to determine peak particle velocity. The propagation Law can be catagrorized in three graups. Cabic root Scaling charge per delay Square root Scaling of charge per delay Site-specific Scaling of charge per delay Charge and reduction exponents carried out by multiple regressional analysis. It's divided into under loom and over loom distance because the frequency is verified by the distance from blast site. Empirical equation of cautious blasting vibration is as follows. Over 30m----under l00m----- $V=41(D/3\sqrt{W})^{-1.41}$ -----A Over l00m-----$V= 121(D/3\sqrt{W})^{-1.66}$-----B K value on the above equation has to be more specified for furthur understang about the effect of explosives, Rock strength. And Drilling pattern on the vibration levels, it is necessary to carry out more tests.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.55
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• pp.155-181
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• 2012

This study considered as precautions in light of practical affairs related to a claim for damages focusing on CISG (1980) and PICC (2004). Given summarizing contents of this study, those are as follows. First, when exercising a claim for damages, proving the damages may be difficult and hard. Thus, there is necessity for stating the liquidated damages clause in contract given conclusion of contract. Second, as for the application of interest rate given a claim for interest, CISG is not covered interest rate. PICC is covered interest rate. However, there is possibility that PICC will not be applied as general principles. Thus, to remove this insecurity and uncertainty, there is necessity for stating this in contract by deciding on the detailed standard stipulation after fully discussing about interest payment with the counterpart given sale contract. Third, when a seller delivered non-conformity of the goods for contract, a buyer is desirable to exercise by discreetly judging the exercise method or limitation element on a problem of selecting and exercising remedy favorable to oneself out of a claim for damages and a right to reduce the price. Finally, There was suggestion that the contract parties are desirable to utilize by modifying and supplementing properly this in line with own business-based necessity and situation based on the ICC Model International Sale Contract, and to state CISG and PICC the governing law clause, in preparing contract. This study is expected to possibly become guideline in which the damaged party exercises a claim for damages or aims to cope with the counterpart's exercising a claim for damages.

• Journal of the Korean Professional Engineers Association
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• v.24 no.6
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• pp.97-105
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• 1991

The cautious blasting works had been used with emulsion explosion electric M/S delay caps. Drill depth was from 3m to 6m with Crawler Drill ø70mm on the calcalious sand stone (soft-moderate-semi hard Rock). The total numbers of fire blast were 88 round. Scale distance were induces 15.52-60.32. It was applied to propagation Law in blasting vibration as follows. Propagation Law in Blasting Vibration (Equation omitted) where V : Peak partical velocity(cm/sec) D : Distance between explosion and recording sites(m) W : Maximum Charge per delay-period of eighit milliseconds o. more(kg) K : Ground transmission constant, empirically determind on the Rocks, Explosive and drilling pattern ets. b : Charge exponents n : Reduced exponents Where the quantity D / W$^n$ is known as the Scale distance. Above equation is worked by the U.S Bureau of Mines to determine peak particle velocity. The propagation Law can be catagrorized in three graups. Cubic root Scaling charge per delay Square root Scaling of charge per delay Site-specific Scaling of charge per delay Charge and reduction exponents carried out by multiple regressional analysis. It's divided into under loom and over 100m distance because the frequency is verified by the distance from blast site. Empirical equation of cautious blasting vibration is as follows. Over 30 ‥‥‥under 100m ‥‥‥V=41(D/$^3$√W)$\^$-1.41/ ‥‥‥A Over 100 ‥‥‥‥under 100m ‥‥‥V=121(D/$^3$√W)$\^$-1.56/ ‥‥‥B K value on the above equation has to be more specified for furthur understang about the effect of explosives, Rock strength. And Drilling pattern on the vibration levels, it is necessary to carry out more tests.

• Explosives and Blasting
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• v.9 no.4
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• pp.3-12
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• 1991

The cautious blasting works had been used with emulsion explosion electric M /S delay caps. Drill depth was from 3m to 6m with Crawler Drill 70mm on the calcalious sand stone (soft-moderate-semi hard Rock) . The total numbers of feet blast were 88. Scale distance were induces 15.52-60.32. It was applied to Propagation Law in blasting vibration as follows .Propagtion Law in Blasting Vibration V=k(D/W/sup b/)/sup n/ where V : Peak partical velocity(cm/sec) D : Distance between explosion and recording sites(m) W ; Maximum Charge per delay -period of eight milliseconds or more(Kg) K : Ground transmission constant, empirically determind on the Rocks, Explosive and drilling pattern ets. b : Charge exponents n : Reduced exponents Where the quantity D/W/sup b/ is known as the Scale distance. Above equation is worked by the U.S Bureau of Mines to determine peak particle velocity. The propagation Law can be catagrorized in three groups. Cabic root Scaling charge per delay Square root Scaling of charge per delay Site-specific Scaling of charge delay Charge and reduction exponents carried out by multiple regressional analysis. It's divided into under loom and over loom distance because the frequency is varified by the distance from blast site. Empirical equation of cautious blasting vibration is as follows. Over 30m--under 100m----V=41(D/ W)/sup -1.41/-----A Over l00m---------V=121(D/ W)/sup -1.56/-----B K value on the above equation has to be more specified for furthur understand about the effect of explosives. Rock strength, And Drilling pattern on the vibration levels, it is necessary to carry out more tests.

• The Journal of the Korea Contents Association
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• v.10 no.1
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• pp.343-352
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• 2010

As a result of comparing and analyzing the related legislation of each nation, more superior legislative systems should be made to cope with a number of terrors effectively. And also it is required to devise some concrete regulations such as the following in superior legislative systems. First, because it is hard to collect information on terrorism and watch over suspects according to Communication Privacy Protection Law. More in-depth discussion into the issue of surveillance is needed for the protection of lives and property, although public concerns of privacy are a valid point of contention. Second, it is necessary to take complementary measures on immigration as surveillance, since the current Immigration Control Law has restrictions in many ways to hinder efforts to root out terrorists. Third, under the current law on financial activities, it is impossible to block influx of terror financing. Therefore it is necessary to come up with ways of making the punishment procedures. Fourth, considering that convicted terrorists get punished under the standard procedures and precedents, it is required to clearly differentiate between what the terror acts are and what terrorist groups are. Fifth, it is necessary to make use of the private security system to enhance the security system of national facilities.

• Journal of the Korea Society of Computer and Information
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• v.18 no.6
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• pp.111-120
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• 2013

Recently, in the cyberspace, the posts that have only insults and abuses without the fact are getting spread rapidly as a trend, it makes the damage to people also, and the social concerns have been raised about its phenomenon. Meanwhile, because of the insulting actions that performed in cyberspace, the results of infringement of personal rights conditions getting difficult to repair. Also, it is difficult to find who the person who acts as a perpetrator is. So, it is hard to report a crime or sued for damages, also, it is really difficult to deal with a criminal contempt. Also, cause of a lot of deficient areas, the Cyber Insult Crime act is need and strengthened penalties or Mitigation about the crime subject to victim's complaint are need. However, give the criminal penalties to criminal is sufficient. So, to construct a new special criminal law, it is not advisable. Thus, governed by the Criminal Code Section 311 is preferably.

• The Korean Society of Law and Medicine
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• v.13 no.1
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• pp.71-89
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• 2012

Just in case a patient's state couldn't get better or get even worse after medical practices, it is difficult for the patient's side to accept the result and it tends to think that its damage is caused by his doctor's malpractice. Medical practices of a doctor require highly advanced attention duty as a medical expert, because they are targeted at a human body of the best benefit and protection of the law. However, it is hard to prove the malpractice on the patient's side in medical dispute. Therefore, to solve a medical dispute quickly and fairly before the medical suit Korea Consumer Agency (KCA) has done a medical dispute adjustment business since 1999. For the past 5 years (2006~2010), the medical team of KCA had managed 4,171 cases as an injury relief, but it had dealt with them focusing on an injury relief business only after the occurrence of a medical accident. Afterwards, it is necessary to expand the range of its services in purpose of preventing the injury of consumers. If we can solve the problems -the clear statements about the cease of extinctive prescription in the fundamentals of comsumer act, the presence of parties directly concerned at comsumer dispute adjustment committee, and the effect of an agreement, etc. -, which have been founded in medical injury relief service of KCA and the management and procedures of the comsumer dispute adjustment committee of KCA and if we can also give KCA more workers and the proper budget of the government, we can expect KCA to become a more useful agency.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.78
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• pp.1-29
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• 2018

This article demonstrates that both the Warsaw Convention Systemand the Montreal Convention are not designed for multimodal transport, let alone for "Door to Door" transport. The polemic directed against the "Door to Door" application of the Warsaw Convention systemand the Montreal Convention is predominantly driven by the text and the drafting philosophy of the said Contentions that since 1929 support unimodalism-with the rule that "the period of the carriage by air does not expend to any carriage by land, by sea or by inland waterway performed outside an airport" playing a profound role in restricting their multimodal aspirations. The drafters of the Montreal Convention were more adventurous than their predecessors with respect to the boundaries of the Montreal Convention. They amended Art. 18(3) by removing the phrase "whether in an aerodrome or on board an aircraft, or, in the case of landing outside an aerodrome, in any place whatsoever", however, they retained the first sentence of Art. 18(4). The deletion of the airport limitation fromArt. 18(3) creates its own paradox. The carrier can be held liable under the Montreal Convention for the loss or damage to cargo while it is in its charge in a warehouse outside an airport. Yet, damage or loss of the same cargo that occurs during its surface transportation to the aforementioned warehouse and vice versa is not covered by the Montreal Convention fromthe moment the cargo crosses the airport's perimeter. Surely, this result could not have been the intention of its drafters: it certainly does not make any commercial sense. I think that a better solution to the paradox is to apply the "functional interpretation" of the term"airport". This would retain the integrity of the text of the Montreal Convention, make sense of the change in the wording of Art. 18(3), and nevertheless retain the Convention's unimodal philosophy. English courts so far remain loyal to the judgment of the Court of Appeal in Quantum, which constitutes bad news for the supporters of the multimodal scope of the Montreal Convention. According the US cases, any losses occurring during Door to Door transportation under an air waybill which involves a dominant air segment are subject to the international air law conventions. Any domestic rules that might be applicable to the road segment are blatantly overlooked. Undoubtedly, the approach of the US makes commercial. But this policy decision by arguing that the intention of the drafters of the Warsaw Convention was to cover Door to Door transportation is mistaken. Any expansion to multimodal transport would require an amendment to the Montreal Convention, Arts 18 and 38, one that is not in the plans for the foreseeable future. Yet there is no doubt that air carriers and freight forwarders will continue to push hard for such expansion, especially in the USA, where courts are more accommodating.

• 제어로봇시스템학회:학술대회논문집
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• 2003.10a
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• pp.107-112
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• 2003

In general, the dynamics of autonomous underwater vehicles(AUVs) are highly nonlinear and time-varying, and the hydrodynamic coefficients of vehicles are hard to estimate accurately because of the variations of these coefficients with different navigation conditions. For this reason, in this paper, the control gain function is assumed to be unknown and the exogenous input term is assumed to be unbounded, although it still satisfies certain restrict condition. And these two kinds of wild assumptions have been seldom handled simultaneously in one system because of the difficulty of stability analysis. Under the above two relaxed assumptions, a robust neural network control scheme is presented for autonomous diving control of an AUV, and can guarantee that all the signals in the closed-loop system are UUB (uniformly ultimately bounded). Some practical features of the proposed control law are also discussed.