• Title/Summary/Keyword: Korea Civil Law

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A Probability-Based Durability Analysis of Concrete Structures in Chloride Containing Environments (염해환경 콘크리트 구조물의 확률론적 내구성 해석)

  • Kwon, Ki-Jun;Kim, Dong-Baek;Jung, Sang-Hwa;Chae, Seong-Tae
    • Journal of the Korean Society of Safety
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    • v.22 no.3 s.81
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    • pp.51-56
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    • 2007
  • In recent years, many research works have been carried out in order to obtain a more controlled durability and long-term performance of concrete structures in chloride containing environments. In particular, the development of new procedures for probability-based durability analysis/design has proved to be very valuable. Although there is still a lack of relevant data, this approach has been successfully applied to some new concrete structures. In this paper, the equation used for modelling of the chloride penetration was based on Fick's Second Law of Diffusion in combination with a time dependent diffusion coefficient. The probability analysis of the durability performance was performed by use of a Monte Carlo Simulation. The procedure was applied to an example based on limited data gathered in this country. The influences of each parameter on the durability of concrete structures are studied and some comments for durability design are given. The new procedure may be very useful in designing an important concrete structures in chloride containing environments. Also it may help to predict the service life of concrete structures under a given probability of failure.

A Study on the Interpretation Trend of Current Cases for Warranty in U.S.A (미국의 Warranty 제도와 관련된 판례동향 연구)

  • Cho, Young-Jun
    • Journal of the Korea Institute of Building Construction
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    • v.10 no.1
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    • pp.101-109
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    • 2010
  • Under the Civil Code and related law in Korea, the liability for defects after delivery belongs to the Contractor. However, various disputes have occurred in relation to the remedy of such defects and the compensation for damages, which are the main liability of a contractor in the event of defects. Despite court decisions regarding defect liability, many problems prevail in the real world. For this reason, this working-level research considers the introduction of a performance warranty contract system. To establish the system successfully, it is necessary to analyze the trend of various warranty cases in the US. Therefore, the warranty system of the US was first examined, and the effect of acceptance, notification and burden of proof, remedies under warranty clauses, and default termination were investigated and analyzed in this study.

Explicit Design of Commercial Pipe on a Slope with Pumping Power (동력경사 상용관의 양해법 설계)

  • Yu, Dong-Hun;Gang, Chan-Su
    • Journal of Korea Water Resources Association
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    • v.30 no.5
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    • pp.495-501
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    • 1997
  • Pumping power being given, traditional method requires an iteration process for the solution of discharge and pipe diameter. Yoo and Kang (1996) have developed explicit equations for the estimation of discharge and pipe diameter for the cases of uniformly rough pipe on a sloping bed with a pumping power. The use of poser law for the estimation of friction factor enabled to develop the explicit form of equations. Yoo (1995a) has suggested the mean friction factor method for the estimation of friction factor of commercial pipe or composite surface pipe. With the same approach, the present work has developed the explicit equations of discharge or pipe diameter for the general case of commercial pipe on a sloping bed with a pumping power by adopting the mean friction factor method.

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A Study on the State's Aviation Safety Audit Systems for the Improvement of the Integrated Railroad Safety Audit System (철도종합안전심사제도 발전을 위한 국가 항공안전감독체계 고찰)

  • Kim, Mhan-Woong;Oh, In-Tack;Shin, Jeong-Beom;Lee, Jong-Seock
    • Proceedings of the KSR Conference
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    • 2008.11b
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    • pp.1907-1915
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    • 2008
  • Recently the assurance of railroad safety is very important issue in KOREA because there are lots of changes in the railroad industries. The Railway Safety Act was established in order to cope with these changes effectively and prevent the railroad transportation accidents. According to this law, Korea Transportation Safety Authority (KOTSA) has been entrusted with 'Integrated Railroad Safety Audit (IRSA)'. Even though newly introduced IRSA is conducted smoothly, it is necessary to study the methodology and criteria of the state's safety audit system in other fields to improve the efficiency. In ICAO (International Civil Aviation Organization) Safety Management Manual, a state's safety programme embraces those regulations and directives for the conduct of safe operations from the perspective of aircraft operators and those providing air traffic services(ATS), aerodromes and aircraft maintenance. The safety programme may include provisions for such diverse activities as incident reporting, safety investigations, safety audits and safety promotion. To implement such safety activities in an integrated manner requires a coherent SMS(Safety Management System). In this paper, to improve the efficiency of IRSA, we investigated the ICAO's the State's Aviation Safety Audit Systems and ICAO Safety Management Manual. And through the result of investigation, we proposed the improvement concept of IRSA.

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Principle of Proportionality of Contractual Penalty in Arbitral Awards in Russia

  • Eunok Park;Liliia Andreevskikh
    • Journal of Korea Trade
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    • v.27 no.1
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    • pp.176-191
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    • 2023
  • Purpose - When recovered through arbitration a contractual penalty that is disproportionately high can become grounds for challenging an arbitral award or an obstacle to its enforcement within Russian jurisdiction. This article investigates how violation of the principle of proportionality can affect the enforcement and challenging of arbitral awards in Russia. Based on the examination of the current legislation, along with the analysis of recent court cases on the subject, the ultimate object of this article is to discern practical recommendations for Korean practitioners who are looking to challenge and/or enforce arbitral awards in Russian courts. Design/methodology - The research process included the reviewing of current Russian legislation conducted in concurrence with academic literature review, searching and analyzing recent court cases where the relevant legal provisions and concepts were applied, and formulating practical implications of the research at its final stage. Findings - Through its relation to the principle of fairness/justice the authors establish the connection between the principle of proportionality and the public policy of Russia. Analysis of recent court cases showed two conflicting trends of whether a disproportionate penalty can be considered a public policy violation. The authors offer practical recommendations on how to substantiate a relevant claim regarding contractual penalty reduction by the court, depending on the desired outcome. Originality/value - The article contains an up-to-date summary of the legal provisions on the principle of proportionality of civil liability in Russia and identifies the most recent trends in court practice on the issue that is not covered by existing studies.

Study on Integrating Women's Policies in Unified Korea : Social Welfare Policy (통일한국의 여성정책 통합방안에 관한 연구 : 사회복지정책 부문)

  • Kim, Young-Lan
    • Korean Journal of Social Welfare
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    • v.36
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    • pp.39-69
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    • 1998
  • The study is to grope for the unified device of the women's welfare policy in the United Korea by considering and comparing with the women's welfare in South Korea and North Korea centering on the women's welfare law and system among the social security laws and systems in the present both countries. The both Koreas have enforced the different women's welfare policies according to the different ideologies and constitutions. But in the welfare policy women are in the secondary stage by means of the ideology of sexual devision. It, therefore, is clear that the position of the North Korean woman goes in advance of the South Korean woman in the law and system. However, they are similar to the North Korean women in the aspects of the application of law and system. That is, both of them are discriminated not only in home and labor participation, but also in social welfare. There are the patriarchal family system and sexual devision of labor under the discrimination against woman. As though the both sexes are equal in law, the welfare law and system are applicated unequally to woman because of the ideology of sexual devision and familism which family should take the primary responsibility of welfare. From this perspective the women's welfare policy of the United Korea is not just to unify both laws and systems related women's welfare, but to search for the convergence on the higher level of quality and to make the real gender-equal society. The study suggests as the women's welfare the spread of the application of social welfare system, and social security network constructed through the mother protection policy, women's poverty and social security on basis of the primary principles such as the gender equal right as civil right, benefits of social welfare as social right, escape from the patriarchal familism, strengthening of resposibility of state and the principle of women participation in process of social welfare management. The device of women's welfare means building the social welfare system based on the real gender equality, so the unification will be the important turning point for the gender-equal society to the South-North Korean women.

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Domestic Legislative Problems on the Civil Liability of Air Carrier in Korea Focus on the Example of Every Countries' Legislation (한국(韓國)에 있어서 항공안전인(航空運送人)의 민사책임(民事責任)에 관한 국내입법(國內立法)의 제문제(諸問題) ${\sim}$각국(各國)의 입법례(立法例)를 중심(中心)으로 하여${\sim}$)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.2
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    • pp.9-53
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    • 2004
  • This paper described the contents of theme entitled "Domestic Legislative Problems on the Civil Liability of Air Carrier in Korea" including the current example of fourteen countries' legislation ((1) Great Britain, (2) United States of America, (3) Canada, (4)European Union), (5) Germany, (6) France, (7) Italy, (8) Spain, (9) Swiss, (10) Australia, (11) Japan, (12) People's Republic of China, (13) Taiwan, (14) North Korea) relating to the aviation law or air transport law. Though the Korean and Japanese aviation act has provided only the public items such as (1) registration of aircraft, (2) persons engaged in aviation, (3) operation of aircraft, (4) aviation facilities including airport, (5) air transport business, (6) investigate of aircraft accidents etc., but they could not regulated the private items such as the legal relations of the air transport contract (1) air passenger ticket, (2) air luggage ticket, (3) airway bill, (4) liability of air carrier, (5) amount of compensation for damage caused by aircraft accidents, (6)jurisdiction, (7) arbitration, (8) limitation of action, (9) combined carriage, (10) carriage by air performed by an actual carrier other than contracting carrier, damage caused by aircraft to the third parties etc. in their aviation act until now. In order to solve speedily the legal problems on the limitation of air carrier's liability and long law suit and disputes between wrongdoers and survivors etc, it is necessary and desirable for us to enact a new "Draft for the Air Transport Act" including the abovementioned private items. I would like to propose personally and strongly the legislation of "Draft for the Air Transport Act" in Korea in emphasizing the importance of ensuring protection of the interests of consumers air passengers and shippers in carriage by air and the need for equitable compensation between air carriers and survivors caused by the aircraft accidents such as the German Air Transport Act (Luftverkerhrsgesetz).

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Present Status and Future Improvements in Groundwater Use Near Streams in the Anseongcheon watershed, Korea (하천 인근 지하수 이용 현황 및 관리 개선방향에 관한 연구)

  • Chung, Il-Moon;Hong, Sung Hun;Lee, Jeongwoo;Kim, Min Gyu
    • The Journal of Engineering Geology
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    • v.27 no.4
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    • pp.383-392
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    • 2017
  • Excessive abstraction of groundwater near streams for agricultural, domestic, or industrial use can significantly reduce the streamflow. Therefore, proper management of water resources must involve careful monitoring of groundwater use near streams. This study investigates the current status of groundwater intake plans in the Anseongcheon watershed, Korea, in order to understand the portion of groundwater wells according to distance from the stream and the distribution of wells near the stream. Among all the wells in the watershed, 20.5% were permitted and 31.3% were declared within 300m from the stream. In particular, among the wells located near streams, 11.4% were permitted and 88.6% were declared among the wells near streams. Therefore, the total amount of groundwater pumping rates from the declared wells is much higher than that from the permitted wells near the stream. Under current guidelines, investigations of the impact of groundwater use near a stream on streamflow depletion should only consider wells permitted by groundwater law. However, prudent management should also pay attention to declared wells, given their large number.

Analysis on Creep of Concrete under Multiaxial Stresses Using Microplane Model (미세평면 모델을 적용한 다축응력 상태의 콘크리트 크리프 분석)

  • Kwon Seung-Hee;Kim Yun-Yong;Kim Jin-Keun
    • Journal of the Korea Concrete Institute
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    • v.16 no.2 s.80
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    • pp.195-204
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    • 2004
  • Poisson's ratio due to multiaxial creep of concrete reported by existing experimental works was controversial. Poisson's ratio calculated from measured strain is very sensitive to small experimental error. This sensitivity make it difficult to find out whether the Poisson's ratio varies with time or remain constant, and whether the Poisson's ratio has different value with stress states or not. A new approach method is needed to resolve the discrepancy and obtain reliable results. This paper presents analytical study on multiaxial creep test results. Microplane model as a new approach method is applied to optimally fitting the test data extracted from experimental studies on multiaxial creep of concrete. Double-power law is used as a model to present volumetric and deviatoric creep evolutions on a microplane. Six parameters representing the volumetric and deviatoric compliance functions are determined from regression analysis and the optimum fits accurately describe the test data. Poisson's ratio is calculated from the optimum fits and its value varies with time. Regression analysis is also performed assuming that Poisson's ratio remains constant with time. Four parameters are determined for this condition, and the error between the optimum fits and the test data is slightly larger than that for six parameter regression results. The constant Poisson's ratio with time is obtained from four parameter analysis results and the constant value can be used in practice without serious error.

Preliminary Study on the Simulation for Urban Railway Facility Performance Assessment (도시철도시설 성능평가 시뮬레이션 구현을 위한 기초 연구)

  • Kang, Goune;Jung, Insu;Kim, Jung-yeol;Seo, MyoungBae
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.3
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    • pp.190-198
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    • 2020
  • For domestic urban railways, which have a 19.7% aging rate, a performance evaluation is necessary to establish capital improvement investment plans. The performance evaluation, which was recently enacted in the relevant law, points out the excessive time and effort for acquiring data and evaluation. This study developed a performance evaluation simulation prototype using a virtual reality (VR) method to use as training contents for railway performance evaluations. The practical use of the VR technique to reduce the working time under poor environment conditions was confirmed through a literature review. A survey and consultation were conducted for urban railway experts to determine the weight of the performance evaluation items and the facility breakdown structure. This information was utilized to develop performance evaluation sheets for simulation. Based on the evaluation sheet, a training content prototype that evaluates the performance of platform safety doors was developed using VR techniques with HTC VIVE equipment. VR simulation tests were conducted for six players, and the prototype was sufficiently advantageous for a visual confirmation of the facility information. The result is expected to be useful for engineers to understand the performance evaluation process efficiently before an actual performance evaluation of urban railway facilities.