• Title/Summary/Keyword: Independent property

Search Result 300, Processing Time 0.024 seconds

A Case Study on "Control" of the Franchisor (가맹본부의 통제의무에 관한 판례연구)

  • Min, Joo-hee
    • Korea Trade Review
    • /
    • v.42 no.5
    • /
    • pp.1-18
    • /
    • 2017
  • This study focuses on the recent case held as to control in franchising. On the basis of analysis of the recent case, it examines the validity of the decision and suggests practical advice. The extensive judicial precedent has held that the franchisor and the franchisee possess the independent contractor relationship. But Williams v. Jani-king of Philadelphia Inc. suggest the conversion of the franchisee's status to an employees instead of an independent contractor. Franchisees allege that they were wrongly classified as independent contractors instead of employees because Jani-King had the ability to control the manner in which franchisees perform their day-to-day tasks. The appeal court held that Pennsylvania law does not distinguish between controls put in place to protect a franchise's intellectual property and controls for other purposes, and a franchisee may be an employee or an independent contractor depending on the nature of the franchise system controls. However, some degree of controls by the franchisor over the franchisee is inherent in the franchise and may even be mandated by the federal and state laws. Moreover, the appeal court affirmed that the franchise agreement, policies manual, and training manual alone could be sufficient to resolve the employment status. But it seems appropriate that the right to control on the documents is considered with the actual control.

  • PDF

Statistical estimation of crop yields for the Midwestern United States using satellite images, climate datasets, and soil property maps

  • Kim, Nari;Cho, Jaeil;Hong, Sungwook;Ha, Kyung-Ja;Shibasaki, Ryosuke;Lee, Yang-Won
    • Korean Journal of Remote Sensing
    • /
    • v.32 no.4
    • /
    • pp.383-401
    • /
    • 2016
  • In this paper, we described the statistical modeling of crop yields using satellite images, climatic datasets, soil property maps, and fertilizer data for the Midwestern United States during 2001-2012. Satellite images were obtained from the Moderate Resolution Imaging Spectroradiometer (MODIS), and climatic datasets were provided by the Parameter-elevation Regressions on Independent Slopes Model (PRISM) Climate Group. Soil property maps were derived from the Harmonized World Soil Database (HWSD). Our multivariate regression models produced quite good prediction accuracies, with differences of approximately 8-15% from the governmental statistics of corn and soybean yields. The unfavorable conditions of climate and vegetation in 2012 could have resulted in a decrease in yields according to the regression models, but the actual yields were greater than predicted. It can be interpreted that factors other than climate, vegetation, soil, and fertilizer may be involved in the negative biases. Also, we found that soybean yield was more affected by minimum temperature conditions while corn yield was more associated with photosynthetic activities. These two crops can have different potential impacts regarding climate change, and it is important to quantify the degree of the crop sensitivities to climatic variations to help adaptation by humans. Considering the yield decreases during the drought event, we can assume that climatic effect may be stronger than human adaptive capacity. Thus, further studies are demanded particularly by enhancing the data regarding human activities such as tillage, fertilization, irrigation, and comprehensive agricultural technologies.

A Dual Triangular Pyramidal Indentation Technique Based on FEA Solutions for Material Property Evaluation (유한요소해에 기초한 이중 삼각뿔 압입 물성평가법)

  • Kim, Min-Soo;Hyun, Hong-Chul;Lee, Jin-Haeng;Lee, Hyung-Yil
    • Transactions of the Korean Society of Mechanical Engineers A
    • /
    • v.36 no.1
    • /
    • pp.17-28
    • /
    • 2012
  • In this study, we suggest a method for material property evaluation by dual-triangular pyramidal indenters using the reverse analysis. First, we demonstrated that load-displacement curves of conical and triangular pyramidal indenters are different for the same material. For this reason, an independent research on the triangular pyramidal indenter is needed. From FE indentation analyses on various materials, we then investigated the relationships among material properties, indentation parameters and load-displacement curves. From this, we established property evaluation formula using dual-triangular pyramidal indenters having two different half-included-angles. The approach provides the values of elastic modulus, yield strength and strain-hardening exponent within an average error of 3% for various materials.

Development of the U-turn Accident Model at 4-Legged Signalized Intersections in Urban Areas (도시부 4지 신호교차로 유턴 사고모형 개발)

  • Kang, JongHo;Kim, KyungWhan;Ha, ManBok;Kim, SeongMun
    • International Journal of Highway Engineering
    • /
    • v.16 no.2
    • /
    • pp.119-129
    • /
    • 2014
  • PURPOSES : The purpose of this study is to develop the U-turn accident model at 4-legged signalized intersections in urban areas. METHODS : In order to analyze the characteristics of the accidents which are associated with U-turn operation at 4-legged signalized intersections in urban areas and develop an U-turn accident model by regression analysis, the tests of overdispersion and zero-inflation are conducted about the dependent variables of number of accidents and EPDO (Equivalent Property Damage Only). RESULTS : As their results, the Poisson model fits best for number of accident and the ZIP (Zero Inflated Poisson) fits best for EPOD, the variables of conflict traffic, width of opposing road, traffic passing speed are adopted as independent variable for both models. The variables of number of bus berths and rate of U-turn signal time at which the U-turn is permitted are adopted as independent variable only for EPDO. CONCLUSIONS : These study results suggest that U-turn would be permitted at the intersection where the width of opposing road is wider than 11.9 meters, the passing vehicle speed is not high and U-turn operation is not hindered by the buses stopping at bus stops.

Decoupled Location Parameter Estimation of 3-D Near-Field Sources in a Uniform Circular Array using the Rank Reduction Algorithm

  • Jung, Tae-Jin;Kwon, Bum-Soo;Lee, Kyun-Kyung
    • The Journal of the Acoustical Society of Korea
    • /
    • v.30 no.3
    • /
    • pp.129-135
    • /
    • 2011
  • An algorithm is presented for estimating the 3-D location (i.e., azimuth angle, elevation angle, and range) of multiple sources with a uniform circular array (UCA) consisting of an even number of sensors. Recently the rank reduction (RARE) algorithm for partly-calibrated sensor arrays was developed. This algorithm is applicable to sensor arrays consisting of several identically oriented and calibrated linear subarrays. Assuming that a UCA consists of M sensors, it can be divided into M/2 identical linear subarrays composed of two facing sensors. Based on the structure of the subarrays, the steering vectors are decomposed into two parts: range-independent 2-D direction-of-arrival (DOA) parameters, and range-relevant 3-D location parameters. Using this property we can estimate range-independent 2-D DOAs by using the RARE algorithm. Once the 2-D DOAs are available, range estimation can be obtained for each source by defining the 1-D MUSIC spectrum. Despite its low computational complexity, the proposed algorithm can provide an estimation performance almost comparable to that of the 3-D MUSIC benchmark estimator.

Retail Changes in the Optical Sector : Empirical evidence from Italian Retailers (광학분야에서 소매 판매의 변화 ; 이태리 소매의 경험적 증거)

  • Padova, Maria Angela;Kim, Douk-Hoon
    • Journal of Korean Ophthalmic Optics Society
    • /
    • v.8 no.2
    • /
    • pp.153-162
    • /
    • 2003
  • The transformation of the Italian retailing has permitted, in the last ten years, a quick modification of the strategic groups' weight at a distributive level. Such change regards the redesign of the competitive assets that sees as protagonist both the main foreign big multiple chains and the Italian retailing, characterized by small dependent enterprises. The analysis is focused on the solutions that independent retailers are adopting in order to strengthen their competitive ability in relation to the aforementioned prospective entrance of foreign distributors in the domestic market. In particular, the most commonly adopted strategic alternative are analysed, in an attempt to characterize the development models that can emerge. The paper presents a case of possible successful solution adopted by some independent retailers for a competitiveness recovery without sacrificing the enterprise's property and autonomy.

  • PDF

Elastic Work Factor of CLS Specimen and Determination of $G_c$ for Graphite/Peek Composites by Using the Elastic Work Factor (CLS 시편의 탄성일인자 유도 및 이를 적용한 열가소성 Graphite/Peek 복합재의 파괴인성 $G_c$ 측정)

  • Lee, Gyeong-Yeop
    • Transactions of the Korean Society of Mechanical Engineers A
    • /
    • v.20 no.9
    • /
    • pp.2792-2799
    • /
    • 1996
  • It was shown in the previous study that the numerically derived elastic work factor for CLS specimen was independent of fiber direction for a unidirectional case. Also, it was proposed the elastic work factor could be used to determine energy release rate from a single test record. In the present study, elastic work factor was derived from a simple beam theory to investigate its dependence on material property and geometric condition. Also, the elastic work factor of CLS specimen was applied experimentally to determine critical energy release rate in order to prove its validity determining critical energy release rate from a single specimen. For this purpose, critical energy release rate determined using the elastic work factor was compared with that determined by the compliance method. The results showed that while elastic work factor is affected by $t_2/t_1$ and $L_2/L_1$ it is independent of fiber angle for a unidirectional case. It was also found that critical energy release rates determined by both methods are comparable each other, thus elastic work factor approach can be used to determine energy release rate from a single test specimen.

Study on the Temperature Independent Property of the Surface Coated Double Base Propellant (코팅제를 적용한 추진제의 온도둔감 특성 연구 (1))

  • Joo, Hyun-Hye;Joo, Hyung-Uk;Kwon, Tae-Soo;Jeong, June-Chang;Kwon, Sun-Kil
    • Proceedings of the Korean Society of Propulsion Engineers Conference
    • /
    • 2012.05a
    • /
    • pp.529-531
    • /
    • 2012
  • The temperature coefficient of a gun propellant could be reduced by applying an appropriate surface coating material. The burning rates of those propellants do not very strongly depend on the propellant temperature. It is a good method to increase the muzzle velocity of gun ammunitions by utilizing the permissible maximum pressure in the gun barrel independent of the propellant temperature. During this study, properties of surface coated propellants were confirmed by results in tests of a closed bomb and 40mm Gun firing, and confirmed that production of coating propellant could be possible.

  • PDF

Superacidic Property of $ZrO_2$ Modified with Sulfur Compounds (황화합물로 개질된 $ZrO_2$의 초강산 성질)

  • Jong Rack Sohn;Hae Won Kim;Jong Taik Kim
    • Journal of the Korean Chemical Society
    • /
    • v.31 no.4
    • /
    • pp.322-327
    • /
    • 1987
  • $ZrO_2$was modified by treating with $H_2SO_4$ and by treating witb $SO_2,\;H_2S,\;and\;CS_2$ followed by oxidation. The oxidized species and oxidation state of sulfur compounds were investigated by infrared and X-ray photoelectron spectroscopies. The generation of strong acidity of modified $ZrO_2$ was independent of the sulfur source after oxidation. The sulfur ($SO_4{^{2-}}$) in the highest oxidation state was responsible for the superacidic property of the modified $ZrO_2$.

  • PDF

Properties of the Load-Sensing Hydraulic System from a Viewpoint of Control (제어관점에서의 부하감지형 유압시스템의 특성)

  • 김성동
    • Transactions of the Korean Society of Mechanical Engineers
    • /
    • v.18 no.3
    • /
    • pp.738-750
    • /
    • 1994
  • The load-sensing hydraulic system which was developed to improve energy efficiency of conventional hydraulic systems has its own properties. The instability of system responses, linearity of a servo valve, robustness for variation of external load, and dynamic interference between hydraulic motors are such properties which have much to do with control properties of the system. The load-sensing hydraulic system has instability tendancy because the load-sensing mechanism makes a positive feedback loop between the motor part and the pump part. A flow property of the servo valve can be said to be linear because the flow through the valve has nothing to do with a load pressure and the flow is strictly proportional to a valve opening which is adjusted by a valve command signal. The resultant control property can be said to be robust because the steady-state control performance is independent to the load actuated on the motor shaft. In the case when one pump simultaneously drives more than two hydraulic motors, the pump outlet pressure is determined by a hydraulic motor of the largest load pressure among all of the hydraulic motors, and, thus, the other motors are dominated by the largest load pressure. That is, the other motors can be said to be interfered by the motor of the largest load pressure.