• Title/Summary/Keyword: Korea Civil Law

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Evaluation of Reinforced Concrete Beam's Inelastic Behavior Characteristics using Beam-column Fiber Finite Element considering Shear Deformation Effect (전단변형 효과가 고려된 보-기둥 섬유유한요소를 이용한 철근콘크리트 보의 비탄성 거동특성 평가)

  • Cheon, Ju-Hyun;Hwang, Cheol-Seong;Park, Kwang-Min;Shin, Hyun-Mock
    • Journal of the Korea institute for structural maintenance and inspection
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    • v.21 no.3
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    • pp.130-137
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    • 2017
  • The purpose of this study is to provide a reasonable analytical method for the reinforced concrete beams which shows failure mode of shear and flexure-shear by proposing a modified formulation to consider the effect of shear deformation on the beam-column fiber element based on the flexibility method and a new constitutive law of inelastic shear response history for the section. A total of 6 specimens of reinforced concrete beams which is designed to cause shear failure before yielding longitudinal reinforcement to investigate the influence of the main experimental variables on the shear behavior characteristics and the analysis was performed by using a non-linear finite element analysis program (RCAHEST) applying the newly modified constitutive equation by the authors. The failure mode and the overall behavior characteristics until fracture are predicted appropriately for all specimens and the results are expected to be useful enough for the 3 - D analysis to carry out reliable results of large-scale and complicated structures in the future.

Legal Strategy for the sake of Enhancement of Safety of Lifts Operation - focusing on the Experience of UK - (승강기 안전성 제고를 위한 법제적 전략 - 영국의 경험을 참고하여 -)

  • Kim, Yong-Hoon
    • Journal of Legislation Research
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    • no.54
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    • pp.111-154
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    • 2018
  • The protection of fundamental rights of people is a natural duty of a state. Since Constitutional Law declare that a state is obliged to protect the fundamental rights of people obviously, it is reasonable to postulate that a state has a duty to protect every person's right much more positively. Of course, it is true that whereas right of freedom is much more important in modern states, the social right becomes more important currently. Nevertheless, we have no choice but to put an emphasis on the importance of the right of freedom like modern states. Thus states are still bound to try to protect the right of people, specific duty of behavior for the sake of right of freedom belongs to states. In particular, due to the fact that lifts are essential to our comfortable life and the demage from the accident concerning with the lifts is fatal, the strategy for securing the safety of using the lifts is significant to some extent. And because it is true that the experience of UK that put an emphasis on the role of civil actors is meaningful to us, there seems implications for us. Accordingly, it is possible to consider the material components such as the check of safety before installation for the sake of safety enhancement, quality control for lifts parts, specification of check criterion and variation of check cycle etc. and personal ones such as specification of qualification of competent persons, guarantee of competent person's independence, variation of obligator's duty and variation of user's obligation etc. However, as the situation of UK is one thing and that of Korea is another, we don't have to adhere to the policy and the experience of UK strictly. Rather, we had better apply the policy and experience of UK to ours appropriately.

A Study on Legal and Regulatory Improvement Direction of Aeronautical Obstacle Management System for Aviation Safety (항공안전을 위한 장애물 제한표면 관리시스템의 법·제도적 개선방향에 관한 소고)

  • Park, Dam-Yong
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.145-176
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    • 2016
  • Aviation safety can be secured through regulations and policies of various areas and thorough execution of them on the field. Recently, for aviation safety management Korea is making efforts to prevent aviation accidents by taking various measures: such as selecting and promoting major strategic goals for each sector; establishing National Aviation Safety Program, including the Second Basic Plan for Aviation Policy; and improving aviation related legislations. Obstacle limitation surface is to be established and publicly notified to ensure safe take-off and landing as well as aviation safety during the circling of aircraft around airports. This study intends to review current aviation obstacle management system which was designed to make sure that buildings and structures do not exceed the height of obstacle limitation surface and identify its operating problems based on my field experience. Also, in this study, I would like to propose ways to improve the system in legal and regulatory aspects. Nowadays, due to the request of residents in the vicinity of airports, discussions and studies on aviational review are being actively carried out. Also, related ordinance and specific procedures will be established soon. However, in addition to this, I would like to propose the ways to improve shortcomings of current system caused by the lack of regulations and legislations for obstacle management. In order to execute obstacle limitation surface regulation, there has to be limits on constructing new buildings, causing real restriction for the residents living in the vicinity of airports on exercising their property rights. In this sense, it is regarded as a sensitive issue since a number of related civil complaints are filed and swift but accurate decision making is required. According to Aviation Act, currently airport operators are handling this task under the cooperation with local governments. Thus, administrative activities of local governments that have the authority to give permits for installation of buildings and structures are critically important. The law requires to carry out precise surveying of vast area and to report the outcome to the government every five years. However, there can be many problems, such as changes in the number of obstacles due to the error in the survey, or failure to apply for consultation with local governments on the exercise of construction permission. However, there is neither standards for allowable errors, preventive measures, nor penalty for the violation of appropriate procedures. As such, only follow-up measures can be taken. Nevertheless, once construction of a building is completed violating the obstacle limitation surface, practically it is difficult to take any measures, including the elimination of the building, because the owner of the building would have been following legal process for the construction by getting permit from the government. In order to address this problem, I believe penalty provision for the violation of Aviation Act needs to be added. Also, it is required to apply the same standards of allowable error stipulated in Building Act to precise surveying in the aviation field. Hence, I would like to propose the ways to improve current system in an effective manner.

A Study on derivation of drought severity-duration-frequency curve through a non-stationary frequency analysis (비정상성 가뭄빈도 해석 기법에 따른 가뭄 심도-지속기간-재현기간 곡선 유도에 관한 연구)

  • Jeong, Minsu;Park, Seo-Yeon;Jang, Ho-Won;Lee, Joo-Heon
    • Journal of Korea Water Resources Association
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    • v.53 no.2
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    • pp.107-119
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    • 2020
  • This study analyzed past drought characteristics based on the observed rainfall data and performed a long-term outlook for future extreme droughts using Representative Concentration Pathways 8.5 (RCP 8.5) climate change scenarios. Standardized Precipitation Index (SPI) used duration of 1, 3, 6, 9 and 12 months, a meteorological drought index, was applied for quantitative drought analysis. A single long-term time series was constructed by combining daily rainfall observation data and RCP scenario. The constructed data was used as SPI input factors for each different duration. For the analysis of meteorological drought observed relatively long-term since 1954 in Korea, 12 rainfall stations were selected and applied 10 general circulation models (GCM) at the same point. In order to analyze drought characteristics according to climate change, trend analysis and clustering were performed. For non-stationary frequency analysis using sampling technique, we adopted the technique DEMC that combines Bayesian-based differential evolution ("DE") and Markov chain Monte Carlo ("MCMC"). A non-stationary drought frequency analysis was used to derive Severity-Duration-Frequency (SDF) curves for the 12 locations. A quantitative outlook for future droughts was carried out by deriving SDF curves with long-term hydrologic data assuming non-stationarity, and by quantitatively identifying potential drought risks. As a result of performing cluster analysis to identify the spatial characteristics, it was analyzed that there is a high risk of drought in the future in Jeonju, Gwangju, Yeosun, Mokpo, and Chupyeongryeong except Jeju corresponding to Zone 1-2, 2, and 3-2. They could be efficiently utilized in future drought management policies.

Multilateral Approach to forming Air Logistics Hub on North East Asia Region (동북아 항공물류허브을 구축하기 위한 다자적 접근방안)

  • Hong, Seock-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.2
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    • pp.97-136
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    • 2004
  • The Northeast Asian air cargo market has expanded tremendously as a result of the opening up of the Chinese market. The importance of the Asia-Pacific region in the global air transport has also increased. The exchange of human and material resources, services, and information in Northeast Asia, which is expected to increase in the near future, requires that the airlines operating within this region adopt a more liberalized approach. This paper introduced alternatives which can be applied to the Northeast Asian airlines industry so as to bring about the integration of regional air transport: First, this paper found a need for individual Northeast Asian nations to alter their policies towards the airlines industry. Second, each country should further liberalize their respective domestic air transport. Third, there is a need for freer air service agreements to be signed between the nations of Northeast Asia. Fourth, the strategic alliances between the airlines operating in Northeast Asia should be further strengthened. Fifth, this liberalization process should be carried out in an incremental manner, beginning with more competitive airports and routes, or with less-in-demand routes. Sixth, there is a need for a shuttle system to be put into place between the main airports in China, Korea, and Japan. Seventh, these three nations jointly develop aviation safety and security systems that are in accordance with international standards. Eighth, the liberalization process of the aviation industry should be undertaken in conjunction with other related fields. Ninth, organizations linking together civil aviation organization in the Asia-Pacific area should be formed, as should each government linking together. By doing so, these countries will be able to establish regular venues through which to exchange opinions on the integration and liberalization of the air cargo market so as to induce the gradual liberalization of the actual market. The liberalization of the air transport in Northeast Asia will prove to be a daunting task in the short term. However, if the Chinese airlines continue to exhibit continuous growth and Japanese airlines are able to complete their move towards a low-cost structure, this process could be completed earlier than expected. Over the last twenty five years the air transport has undergone tremendous changes. The most important factor behind these changes has been the increased liberalization of the market. As a result, rates have decreased while demand has increased. This has resulted in turning the air transport industry, which was long perceived as an industry in decline, into a high-growth industry. The only method of increasing regional exchanges in the air transport is to pursue further liberalization. The country which implements this liberalization process at the earliest date may very well emerge as a leading force within the air transport industry.

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Privilege and Immunity of Information and Data from Aviation Safety Program in Unites States (미국 항공안전데이터 프로그램의 비공개 특권과 제재 면제에 관한 연구)

  • Moon, Joon-Jo
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.137-172
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    • 2008
  • The earliest safety data programs, the FDR and CVR, were electronic reporting systems that generate data "automatically." The FDR program, originally instituted in 1958, had no publicly available restrictions for protections against sanctions by the FAA or an airline, although there are agreements and union contracts forbidding the use of FDR data for FAA enforcement actions. This FDR program still has the least formalized protections. With the advent of the CVR program in 1966, the precursor to the current FAR 91.25 was already in place, having been promulgated in 1964. It stated that the FAA would not use CVR data for enforcement actions. In 1982, Congress began restricting the disclosure of the CVR tape and transcripts. Congress added further clarification of the availability of discovery in civil litigation in 1994. Thus, the CVR data have more definitive protections in place than do FDR data. The ASRS was the first non-automatic reporting system; and built into its original design in 1975 was a promise of limited protection from enforcement sanctions. That promise was further codified in an FAR in 1979. As with the CVR, from its inception, the ASRS had some protections built in for the person who might have had a safety problem. However, the program did not (and to this day does not) explicitly deal with issues of use by airlines, litigants, or the public media, although it appears that airlines will either take a non-punitive stance if an ASRS report is filed, or the airline may ignore the fact that it has been filed at all. The FAA worked with several U.S. airlines in the early 1990s on developing ASAP programs, and the FAA issued an Advisory Circular about the program in 1997. From its inception, the ASAP program contained some FAA enforcement protections and company discipline protections, although some protection against litigation disclosure and public disclosure was not added until 2003, when FAA Order 8000.82 was promulgated, placing the program under the protections of FAR 193, which had been added in 2001. The FOQA program, when it was first instituted through a demonstration program in 1995, did not contain protections against sanctions. Now, however, the FAA cannot take enforcement action based on FOQA safety data, and an airline is limited to "corrective action" under the program. Union contracts can exclude FOQA from the realm of disciplinary action, although airline practice may be for airlines to require retraining if there is no contract in place forbidding it. The data is protected against disclosure for litigation and public media purposes by FAA Order 8000.81, issued in 2003, which placed FOQA under the protections of FAR 193. The figure on the next page shows when each program began, and when each statute, regulation, or order became effective for that program.

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Improvement of Personnel Cost and Placement Scale of Quality Manager for Construction (건설공사 품질관리자의 인건비 및 배치규모 개선)

  • Lee, Chang-Hyo;Kim, Byung-Soo
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.38 no.2
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    • pp.327-335
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    • 2018
  • In order to calculate the quality management cost of construction work, the process must conform to relevant laws and regulations. In details, the cost of the various items such as quality test fee and quality control activity cost are required to be calculated. Regarding the quality management costs, the labor cost is applied to the quality examination fee and the calculation unit quantity in the construction quality management duties. The application of the unit price of the labor cost stipulates that Construction Association of Korea and Korea Engineering & Consulting Association apply the unit price which is surveyed and published. However, in the related laws and regulations, the standard of the quality manager and quality tester is not clear. This accounts for the confusion in the cost of construction management and the cost of labor. In the current law, the allocation standard of quality control personnel is specified according to the size of the construction, but the standard of placement of quality testers is not specified. At the construction site, there is no assignment criteria manpower for quality testers except quality managers, or very little work is being done. The quality control personnel conducts the quality test work to be carried out by the quality tester, and this carrying out heavy work. Therefore, it is difficult to maintain quality control activities. In this study, the labor cost of quality management expenses and the allocation criteria of quality managers and quality testers are established and presented for the purpose of securing the quality of the construction work and preventing the construction work. It is stipulated that the standards of the relevant laws and regulations, which are not clear, should be classified into quality control personnel and quality testers according to the size of the construction. Based on the unit price of Korea Engineering & Consulting Association, the personnel expenses of quality managers and quality testers are proposed to apply the unit price of engineer (professional engineer, specialist, advanced, intermediate, beginner) and skilled technicians (advanced, intermediate, beginner).

Analysis of Highway Hazardous Area by Sun Glare Intensity Using GIS Simulation (GIS Simulation을 이용한 태양광에 의한 교통사고 위험지역 분석)

  • Kim, Ho-Yong;Baik, Ho-Jong
    • Journal of the Korean Association of Geographic Information Studies
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    • v.13 no.4
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    • pp.91-100
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    • 2010
  • Existing traffic safety studies have focused on identifying the relationship among roadway crashes, highway design and incremental weather condition such as rainy/ice weather. However, it is hard to find researches that studied the effect of sun glare on traffic safety although there are abundant evidences demonstrating that fatal traffic crashes are attributed to the sun glare. Affecting drivers'vision particularly during the morning or the evening time when the sun positions close to the horizon, sun glare directly deteriorate drivers'judgmental capability. In this paper, we numerically analyze the effect of sun glare on the drivers'vision in time and space domains. Applied to the roadways around St Louis area in the United States, the GIS based simulation analysis identifies the time of day in a year and the segments of highways that are potentially influenced by the sun glare. This study evidentially confirms the fact that roadway bounded for West and East directions have longer time influenced by sun glare particularly during Spring and Fall season than other roadways. The computational result provides risky time periods of day at intersections or pedestrian crossings where the sun glare potentially endangers traffic safety, which be utilized to reduce the crashes due to the sun glare.

Korean 'Social Welfare' Delivery System and Its Discourse Relation - Historical Formation, Pathway, and Present Issues - (우리나라 '사회복지' 전달체계와 담론적 작용 - 역사적 형성과 경로, 쟁점 -)

  • Kim, Young Jong
    • Korean Journal of Social Welfare
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    • v.69 no.1
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    • pp.175-197
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    • 2017
  • This study aims to analyze the formation of Korean social welfare delivery system and its pathway, from which the pending issues are to be discussed on the organizations and personnel of the delivery system using the word 'social welfare' with its related discourse. Historical institutionalism is chosen as the perspective to explain path-dependent change and critical juncture, and various legislative data are used as the indicative signals for the discourse of 'social welfare'. The results of the study are as follows. First, the term 'social welfare' began to be institutionalized in Korea by the enactment of Livehood Protection Law(1961). Second, the policies by the year 1987 of expanding social welfare center and introducing social welfare professionals as civil servants form a critical juncture which makes the social welfare discourse realized as the institutional realities. Third, until the year around 2014, the system has not changed in the perspective of macro framework. Fourth, currently the system shows several signs of severe turmoil, which might lead to dismantle the system of 'social welfare' discourse. To conclude, this study shows the possibility of explaining organizations and personnel composing the social welfare delivery system by the usage of discourse analysis, treating it as an analytical entity.

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A New Design and Implementation of Digital Evidence Container for Triage and Effective Investigation (디지털 증거 선별 조사의 효율성을 위한 Digital Evidence Container 설계 및 구현)

  • Lim, Kyung-Soo;Lee, Chang-Hoon;Lee, Sang-In
    • Journal of the Institute of Electronics Engineers of Korea CI
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    • v.49 no.4
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    • pp.31-41
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    • 2012
  • The law enforcement agencies in the worldwide are confiscating or retaining computer systems involved in a crime/civil case, if there are any, at the preliminary investigation stage, even though the case does not involve a cyber-crime. They are collecting digital evidences from the suspects's systems and using them in the essential investigation procedure. It requires much time, though, to collect, duplicate and analyze disk images in general crime cases, especially in cases in which rapid response must be taken such as kidnapping and murder cases. The enterprise forensics, moreover, it is impossible to acquire and duplicate hard disk drives in mass storage server, database server and cloud environments. Therefore, it is efficient and effective to selectively collect only traces of the behavior of the user activities on operating systems or particular files in focus of triage investigation. On the other hand, if we acquire essential digital evidences from target computer, it is not forensically sound to collect just files. We need to use standard digital evidence container from various sources to prove integrity and probative of evidence. In this article, we describe a new digital evidence container, we called Xebeg, which is easily able to preserve collected digital evidences selectively for using general technology such as XML and PKZIP compression technology, which is satisfied with generality, integrity, unification, scalability and security.