• Journal of the Daesoon Academy of Sciences
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• v.17
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• pp.35-48
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• 2004

The third teachings of Confucianism, Buddhism, and Taoism have been coexisted and had effect on the oriental spirits for long times. The doctrines of the Confucianism, the Buddhism, and the Taoism are represented as 'moral culture', 'practice', and "training" respectively. The practices of three teachings had individual ways. But in the late Han-dynasty, they had coexisted and effects on one another, then finally had been united since the Song-dynasty. The Confucianism, which advocated "xiū-jǐ-zhì-rén(修己治人: Practising oneself and controlling others)" and "nèi-shèng-wài-wáng(內聖外王: Establishing natural law in oneself and presenting it to others)", put an emphasis on the practice for personality by "Kŏgzĭ(孔子)" and "Mèngzĭ(孟子)". For example, the practices of "Yăng qi(養氣)", "Jìn Xīn(盡心)", and "Cún Xīn(存心)" reflect this doctrines. In the Song-dynasty, "Zhū-xī(朱熹)" established the 'New Confucianism', the study of "Jū-Jìng-qióng-lĭ'", which put an equality with "human nature" and natural law. It is so-called as "Seong-li-hark" in Korea. Therefore, it came to life again by emphasizing 'jīng-shì: Ruling the world' and "moral culture". The Taoism, which pursued "yán-mìng-cháng-shòu(延命長壽: Maintenance of a Scanty existence long life)" and "dào-tōng-shén-xian"(道通神仙: Spiritual awakening Shén-Xian), originally put an emphasis on the practice of body and mind. For example, "Lăozi(老子)" and "Zhuāngzĭ(莊子)" suggested "bāoyī(包一)", "Shŏuyī(守一)", and "Zuòwàng(坐忘)". After the religious body of the Taoism had been established, "Gè-hóng(葛洪)" accomplished the "Nèidān(內丹)" and "Wàidān(外丹)" as practice methods. As times went over, the "Nèidān(內丹)" of "Yăng-Shēng-Wŭ-Dà-Yāo(養生五大要)" including "bì-gŭ(辟穀)", "fú-qì(服氣)", "dăo-yĭn(導引)", "fáng-zhōng(房中)", and "fú-ěr(服餌)", has been the mainstreams for practice. Since the Song dynasty, "sān-jiào-hé-yī-sī-xiǎng(三敎合一思想: Three Teachings are the each other same thoughts)" had been put on emphasis and the three teachings were effected one another, and all of them attached importance to practical training. Therefore, the practice ways in civil societies have been mixed, the origins of them are difficult to divide definitely. The Korean society also has the vague origins of them and reflects the theses historic traditions.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.261-301
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• 2016

Recently the abusive calls on on-demand bonds have been a critical issue among many engineering and construction companies in Korea. On-demand bond is referred to as an independent guarantee in the sense that the guarantee is independent from its underlying contract although it was issued based on such underlying contract. For this reason, the issuing bank is not required to and/or entitled to look into whether there really is a breach of underlying contract in relation to the call on demand-bonds. Due to this kind of principle of independence, the applicant has to run the risk of the on demand bond being called by the beneficiary without due grounds. Only where the call proves to be fraudulent or abusive in a very clear way, the issuing bank would not be obligated to pay the bond proceeds for the call on on-demand bonds. In order to prevent the issuing bank from paying the proceeds under the on-demand bond, the applicant usually files with its competent court an application for injunction prohibiting the beneficiary from calling against the issuing bank. However, it is in practice difficult for the applicant to prove the beneficiary's call on the bond to be fraudulent since the courts in almost all the jurisdictions of advanced countries require very strict and objective evidences such as the documents which were signed by the owner (beneficiary) or any other third party like the engineer. There is another way of preventing the beneficiary from calling on the bond, which is often utilized especially in the United Kingdom or Western European countries such as Germany. Based upon the underlying contract, the contractor which is at the same time the applicant of on-demand bond requests the court to order the owner (the beneficiary) not to call on the bond. In this case, there apparently seems to be no reason why the court should apply the strict fraud rule to determine whether to grant an injunction in that the underlying legal relationship was created based on a construction contract rather than a bond. However, in most jurisdictions except for United Kingdom and Singapore, the court also applies the strict fraud rule on the ground that the parties promised to make the on-demand bond issued under the construction contract. This kind of injunction is highly unlikely to be utilized on the international level because it is very difficult in normal situations to establish the international jurisdiction towards the beneficiary which will be usually located outside the jurisdiction of the relevant court. This kind of injunction ordering the owner not to call on the bond can be rendered by the arbitrator as well even though the arbitrator has no coercive power for the owner to follow it. Normally there would be no arbitral tribunal existing at the time of the bond being called. In this case, the emergency arbitrator which most of the international arbitration rules such as ICC, LCIA and SIAC, etc. adopt can be utilized. Finally, the contractor can block the issuing bank from paying the bond proceeds by way of a provisional attachment in case where it also has rights to claim some unpaid interim payments or damages. This is the preservative measure under civil law system, which the lawyers from common law system are not familiar with. As explained in this article, it is very difficult to block the issuing bank from paying in response to the bond call by the beneficiary even if the call has no valid ground under the underlying construction contract. Therefore, it is necessary for the applicants who are normally engineering and construction companies to be prudent to make on-demand bonds issued. They need to take into account the creditability of the project owner as well as trustworthiness of the judiciary system of the country where the owner is domiciled.

• Journal of the Korean Institute of Landscape Architecture
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• v.42 no.5
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• pp.31-40
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• 2014

The importance of green spaces in the city is growing each day. Local governments are taking charge of park development works that are having difficulty in developing and managing urban parks due to high land value as well as a shortage in finances. This is even though an urban park is defined as an urban planning facility and the law provides park area per person. Civil residents, meanwhile, are using not only urban parks provided by law but also other green areas such as rivers, reservoirs, and school playgrounds because they recognize urban green areas by the concept of use. In this study, accordingly, urban green areas were sorted into two types, urban parks, parks provided by law, and other green areas, and the difference in use pattern and use satisfaction by type was analyzed. As a result of analysis, there was no remarkable difference between the two types. According to such results, it was found that it is necessary to include other green areas, such as rivers, reservoirs, school green areas, and apartment green areas in addition to the current park green areas provided by law when park area per person is calculated, and such calculation of urban green areas reflecting local characteristics can reduce local governments' financial burden and improve the effectiveness of future urban park policies. It is judged that such results can become a plan against the cancellation of unexecuted urban facilities. The fact that accessibility factors, such as road satisfaction, access convenience, and convenient movement, are affecting satisfaction with the use of urban parks suggests that it is important to improve urban park accessibilities rather than to quantitatively expand park area in order to improve satisfaction with urban parks. Considering that people travel to urban green areas mostly by walking, it is necessary for access convenience to conduct follow-up studies such as barrier-free and securing walking stability through analysis of routes to urban green areas.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.291-314
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• 2018

In recent 3 years, Korea's low-cost airlines have expanded their areas of passenger transportation not only to domestic market but also to Japan, China, Southeast Asia and US territory as a total of 6 companies (8 airlines including small air operation business carriers). Currently, three more airlines have filed for air transportation business certification as future low-cost carriers, and this expansion is expected to continue. To cope with the aggressive airline operations of domestic and foreign low-cost carriers and to enhance their competitiveness, each low-cost airline is taking a number of strategies for promoting cabin service. Therefore, the workload of the cabin crew is increased in proportion to the expansion, and the fatigue directly connected with the safety task performance is increased. It is stipulated in the Enforcement Regulations of the Korea Aviation Safety Act that at minimum, one cabin crew is required per 50 passenger seating capacity, and all low cost carriers are boarding only the minimum cabin crew. Sometimes it is impossible for them to sit in a floor level emergency exit for evacuation, which is the main task of the cabin crew, and this can cause confusion among evacuating passengers in the event of an emergency. In addition, if one of the minimum cabin crew becomes incapacitated due to an injury or the like, it will become a serious impediment in performing emergency evacuation duties. Even in the normal situation, since it will be violating the Act prescription on the minimum cabin crew complement, passengers will have to move to another available airline flights, encountering extreme inconvenience. Annex 6 to the Convention on International Civil Aviation specifies international standards for the determination of the minimum number of cabin crew shall be based only on the number of passenger seats or passengers on board for safe and expeditious emergency evacuation. Thereby in order to enhance the safety of the passengers and the crew on board, it is necessary to consider the cabin crew's fatigue that may occur in the various job characteristics (service, safety, security, first aid)and floor level emergency exit seating in calculating the minimum number of cabin crew. And it is also deemed necessary for the government's regulatory body to enhance the cabin safety for passengers and crew when determining the number of minimum cabin crew by reflecting the cabin crew's workload leading to their fatigue and unavailability to be seated in a floor level emergency exit on low cost carriers.

• Journal of the Computational Structural Engineering Institute of Korea
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• v.28 no.1
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• pp.85-92
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• 2015

This article presents the dynamic instability response of sigmoid functionally graded material plates on elastic foundation using the higher-order shear deformation theory. The higher-order shear deformation theory has ability to capture the quadratic variation of shear strain and consequently shear stress through the plate thickness. The governing equations are then written in the form of Mathieu-Hill equations and then Bolotin's method is employed to determine the instability regions. The boundaries of the instability regions are represented in the dynamic load and excitation frequency plane. The results of dynamic instability analysis of sigmoid functionally graded material plate are presented using the Navier's procedure to illustrate the effect of elastic foundation parameter on dynamic response. The relations between Winkler and Pasternak elastic foundation parameter are discussed by numerical results. Also, the effects of static load factor, power-law index and side-to-thickness ratio on dynamic instability analysis are investigated and discussed. In order to validate the present solutions, the reference solutions are used and discussed. The theoretical development as well as numerical solutions presented herein should serve as reference for the dynamic instability study of S-FGM plates.

• Fire Science and Engineering
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• v.31 no.6
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• pp.47-52
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• 2017

The recent tragic outbreak of fire at the Grenfell Tower in the United Kingdom compels all branches of government to reexamine and reassess the safety measures against fires in high-rise buildings from a broad perspective. Accordingly, this study examined what problems stem from the current evacuation codes by comparative analysis of the high-rise apartment evacuation codes that range over various individual laws before introducing a new evacuation code. The outcome of this study can be utilized as basic data for amending the existing evacuation codes for high-rise buildings. The codes related to high-rise building evacuation include the Building Act, the Housing Act, the Skyscraper Disaster Management Act, and the Fire-Fighting System Act. Some local governments have also drawn up their own codes and put them into practice. Comparative analysis of the major evacuation codes has helped identify a variety of problems, such as different codes being applied to each individual law and ordinance, the use of additional codes other than the provisions of laws and ordinances, and the in effectiveness of evacuation codes. Most of these problems occur when diverse codes are applied to a single building, which means that cooperation among the relevant ministries is urgently needed to improve the related codes in the future.

• Journal of Korea Water Resources Association
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• v.45 no.1
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• pp.39-52
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• 2012

Surface-subsurface interactions are an intrinsic component of the hydrologic response within a watershed. In general, these interactions are considered to be one of the most difficult areas of the discipline, particularly for the modeler who intends simulate the dynamic relations between these two major domains of the hydrological cycle. In essence, one major complexity is the spatial and temporal variations in the dynamically interacting system behavior. The proper simulation of these variations requires the need for providing an appropriate coupling mechanism between the surface and subsurface components of the system. In this study, an approach for modelling surface-subsurface flow and transport in a fully intergrated way is presented. The model uses the 2-dimensional diffusion wave equation for sheet surface water flow, and the Boussinesq equation with the Darcy's law and Dupuit-Forchheimer's assumption for variably saturated subsurface water flow. The coupled system of equations governing surface and subsurface flows is discretized using the finite volume method with central differencing in space and the Crank-Nicolson method in time. The interactions between surface and subsurface flows are considered mass balance based on the continuity conditions of pressure head and exchange flux. The major module consists of four sub-module (SUBFA, SFA, IA and NS module) is developed.

• Journal of the Society of Disaster Information
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• v.10 no.2
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• pp.294-303
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• 2014

The state has the constitutional duty to secure the safety of its citizens and provide protection against any physical dangers. The Republic of Korea has a high threat of nuclear, biological and or chemical(hereafter referred to as NBC) attack from the Democratic People's Republic of Korea. Thus, the state has a responsibility to form a legislation to provide the protection for its citizens and implement duty to guarantee the human rights. Under the current legislation, the 'United Defense Act', 'Framework Act on Civil Defense' that are applied under wartime conditions are insufficient in providing the protection of the citizens of the state in the occurrence of NBC attack. Therefore, it is necessary that the 'Act for the Protection of Citizens in the occurrence of NBC Attack' is legislated to provide a system that protects the nation's citizens under the wartime conditions mentioned above. This paper incorporates a theoretical analysis of the need for the constitutional responsibility of the state to provide protection for its citizens under wartime conditions, the necessity of a specific measure to protect citizens during NBC attack, the relationship between 'Act for the Protection of Citizens in the occurrence of Nuclear, Chemical and or Biological Attack' and current legislations that are applied under wartime conditions, and the particulars of the proposed act.

• Journal of Korean Society of Disaster and Security
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• v.16 no.2
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• pp.57-63
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• 2023

Recently, Heavy rains and super typhoons occurred by climate change cause a lot of damage in Korea. In order to reduce such damage, various types of river maintenance projects are being promoted, but it is difficult to maintain the balance of rivers in Korea with distinct flood and dry seasons. In particular, river structures installed as a river maintenance project cause various problems such as scouring of structures and their foundations during floods and river bed changes. In order to reduce such bed scour, various vanes are installed in the bend of the river, and various bed scour reduction effects appear depending on the size, arrangement, and shape of the vanes. The vane regenerates the secondary flow in the opposite direction to the secondary flow generated by the centrifugal force, thereby reducing scour around the outer bed and promoting deposition. The theory of this study uses the governing equation applying the continuity equation that satisfies the law of conservation of mass and the momentum equation that satisfies the conservation of momentum, and measures the overall average flow velocity change rate according to design factors to investigate the effect of vanes under various conditions. Both the average and cross-sectional flow velocities decreased in both the trapezoidal vane and the square vane. In addition, vanes installed perpendicularly or inclined to the direction of river flow generate a secondary flow in the opposite direction to the secondary flow generated by centrifugal force, thereby canceling the secondary flow of centrifugal force, so the effect of the vane appears.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.201-248
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• 2015

In Korea the number of unlawful interference act on board aircrafts has been increased continuously according to the growth of aviation demand, and there were 55 incidents in 2000, followed by 354 incidents in 2014, and an average of 211 incidents a year over the past five years. In 1963, a number of states adopted the Convention on Offences and Certain Other Acts Committed on Board Aircraft (the Tokyo Convention 1963) as the first worldwide international legal instrument on aviation security. The Tokyo Convention took effect in 1969 and, shortly afterward, in 1970 the Convention for the Suppression of Unlawful Seizure of Aircraft(the Hague Convention 1970) was adopted, and the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(the Montreal Convention 1971) was adopted in 1971. After 9/11 incidents in 2001, to amend and supplement the Montreal Convention 1971, the Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation(the Beijing Convention 2010) was adopted in 2010, and to supplement the Hague Convention 1970, the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft(the Beijing Protocol 2010) was adopted in 2010. Since then, in response to increased cases of unruly behavior on board aircrafts which escalated in both severity and frequency,, the Montreal Protocol which is seen as an amendment to the Convention on Offences and Certain Other Acts Committed on Board Aircraft(the Tokyo Convention 1963) was adopted in 2014. Korea ratified the Tokyo Convention 1963, the Hague Convention 1970, the Montreal Convention 1971, the Montreal Supplementary Protocol 1988, and the Convention on the Marking of Plastic Explosive 1991 which have proven to be effective. Under the Tokyo Convention ratified in 1970, Korea further enacted the Aircraft Navigation Safety Act in 1974, as well as the Aviation Safety and Security Act that replaced the Aircraft Navigation Safety Act in August 2002. Meanwhile, the title of the Aviation Safety and Security Act was changed to the Aviation Security Act in April 2014. The Aviation Security Act is essentially an implementing legislation of the Tokyo Convention and Hague Convention. Also the language of the Aviation Security Act is generally broader than the unruly and disruptive behavior in Sections 1-3 of the model legislation in ICAO Circular 288. The Aviation Security Act has reflected the considerable parts of the implementation of national legislation under the Beijing Convention and Beijing Protocol 2010, and the Montreal Protocol 2014 that are the modernized international conventions relating to aviation security. However, in future, when these international conventions would come into effect and Korea would ratify them, the national legislation that should be amended or provided newly in the Aviation Security Act are as followings : The jurisdiction, the definition of 'in flight', the immunity from the actions against the aircraft commander, etc., the compulsory delivery of the offender by the aircraft commander, etc., the strengthening of penalty on the person breaking the law, the enlargement of application to the accomplice, and the observance of international convention. Among them, particularly the Korean legislation is silent on the scope of the jurisdiction. Therefore, in order for jurisdiction to be extended to the extra-territorial cases of unruly and disruptive offences, it is desirable that either the Aviation Security Act or the general Crime Codes should be revised. In conclusion, in order to meet the intelligent and diverse aviation threats, the Korean government should review closely the contents of international conventions relating to aviation security and the current ratification status of international conventions by each state, and make effort to improve the legislation relating to aviation security and the aviation security system for the ratification of international conventions and the implementation of national legislation under international conventions.