• Title/Summary/Keyword: Penalty Term

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A Comparative Study on Change Circumstances in International Commercial Contracts (무역계약상 사정변경에 관한 비교법적 고찰)

  • Oh, Hyon-Sok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.44
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    • pp.57-84
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    • 2009
  • This Study attempts to compare and analyze on Principle of Change Circumstances under th CISG, PICC and PECL which are covered international commercial contract. In many international commercial contract, time is very important because delays in performance are sanctioned heavily by substantial penalty clauses. When change in circumstances affects contract performance, the contract will often not be suspended or terminated. Therefore, principle of change circumstances is being prepared of fluidity of contract environment and its effect in general. Taking into consideration the problems relating to the renegotiation or adaptation in the cases of radical change of circumstances where the CISG applies, it is suggested that the contracting parties should make clear their intentions, that is, whether they will provide for the possibility of renegotiation where the price of goods has been altered by inserting a hardship clause or for the possibility of mutual discharge from liability in the cases of economic impossibility or hardship by inserting a force majeure clause. Such provision will be desirable especially in situations where there is a long term contract, the price of goods sold tends to fluctuate in the international commerce, or where especially in contracts subjected to arbitration, the parties subject their contract to legal sources or principles of supranational character. Therefore, this study has shown that the hardship provisions in the CISG, PICC and PECL has similarities to each a validity defense and an excuse defense. it was provisions that CISG governs this issue in Article 79, PICC Article 6.2.1, 6.2.2, 6.2.3 and PECL Article 6.111.

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Uplink Power Control Scheme for Virtual MIMO Multi-Cell Systems (가상 MIMO 다중 셀 시스템을 위한 역방향 전력 제어 방법)

  • Yang, Janghoon
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.38A no.6
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    • pp.535-544
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    • 2013
  • This paper considers an uplink power control scheme for a virtual multi-input multi-output (MIMO) multi-cell system where multiple mobile stations with single transmit antenna form a virtual MIMO link. Unlike the conventional approach of the game theoretic formulation to add a power penalty term to improve the performance, a constraint on the total effective interference power is introduced to the maximization of the utility function of the transmission rate with linear receive beamforming. Introducing inertia, we show that the proposed power control is guaranteed to converge. The simulation results verify that the proposed power allocation can significantly improve the performance in an interference limited multi-cell system.

Dominant Stockholder Illegality and Enterprise Value : Focusing on Korean Firm Cases

  • Kim, Sung Tack
    • Asia Pacific Journal of Business Review
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    • v.1 no.2
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    • pp.17-35
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    • 2017
  • This research is a case study that focuses on how conglomerate illegality and corresponding penalty affects corporate performance and strategy. The research aims to provide base information for policy-makers as well as the general public about the corporate environment. The analysis results can be summarized as follows. First, profitability is represented as an M-curve. Profitability falls from indictment to the final pronouncement of the corporate head and increases upon his or her return. The result suggests that the absence of a corporate head could result in low profitability as the firm is exposed to owner risk. Secondly, significant effects on investment were not found. Investment showed a continuous increase from indictment to final judgment. This could have resulted from investment decisions made prior to the indictment, which are generally long-term. Meanwhile, the rate at which investments rose for core subsidiaries were lower, which makes it reasonable to suspect dwindling executive capacity due to the absence of a corporate head. Thirdly, employment showed a slight increase, but the rate was found to be greater during the periods following the final judgment. From a political perspective, this increase can be inferred from a give-and-take tradeoff between corporate employment and the pardon of the corporate head.

Topology Optimization of Incompressible Flow Using P1 Nonconforming Finite Elements (P1 비순응 요소를 이용한 비압축성 유동 문제의 위상최적화)

  • Jang, Gang-Won;Chang, Se-Myong
    • Transactions of the Korean Society of Mechanical Engineers A
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    • v.36 no.10
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    • pp.1139-1146
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    • 2012
  • An alternative approach for topology optimization of steady incompressible Navier-Stokes flow problems is presented by using P1 nonconforming finite elements. This study is the extended research of the earlier application of P1 nonconforming elements to topology optimization of Stokes problems. The advantages of the P1 nonconforming elements for topology optimization of incompressible materials based on locking-free property and linear shape functions are investigated if they are also valid in fluid equations with the inertia term. Compared with a mixed finite element formulation, the number of degrees of freedom of P1 nonconforming elements is reduced by using the discrete divergence-free property; the continuity equation of incompressible flow can be imposed by using the penalty method into the momentum equation. The effect of penalty parameters on the solution accuracy and proper bounds will be investigated. While nodes of most quadrilateral nonconforming elements are located at the midpoints of element edges and higher order shape functions are used, the present P1 nonconforming elements have P1, {1, x, y}, shape functions and vertex-wisely defined degrees of freedom. So its implentation is as simple as in the standard bilinear conforming elements. The effectiveness of the proposed formulation is verified by showing examples with various Reynolds numbers.

Water temperature prediction of Daecheong Reservoir by a process-guided deep learning model (역학적 모델과 딥러닝 모델을 융합한 대청호 수온 예측)

  • Kim, Sung Jin;Park, Hyungseok;Lee, Gun Ho;Chung, Se Woong
    • Proceedings of the Korea Water Resources Association Conference
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    • 2021.06a
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    • pp.88-88
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    • 2021
  • 최근 수자원과 수질관리 분야에 자료기반 머신러닝 모델과 딥러닝 모델의 활용이 급증하고 있다. 그러나 딥러닝 모델은 Blackbox 모델의 특성상 고전적인 질량, 운동량, 에너지 보존법칙을 고려하지 않고, 데이터에 내재된 패턴과 관계를 해석하기 때문에 물리적 법칙을 만족하지 않는 예측결과를 가져올 수 있다. 또한, 딥러닝 모델의 예측 성능은 학습데이터의 양과 변수 선정에 크게 영향을 받는 모델이기 때문에 양질의 데이터가 제공되지 않으면 모델의 bias와 variation이 클 수 있으며 정확도 높은 예측이 어렵다. 최근 이러한 자료기반 모델링 방법의 단점을 보완하기 위해 프로세스 기반 수치모델과 딥러닝 모델을 결합하여 두 모델링 방법의 장점을 활용하는 연구가 활발히 진행되고 있다(Read et al., 2019). Process-Guided Deep Learning (PGDL) 방법은 물리적 법칙을 반영하여 딥러닝 모델을 훈련시킴으로써 순수한 딥러닝 모델의 물리적 법칙 결여성 문제를 해결할 수 있는 대안으로 활용되고 있다. PGDL 모델은 딥러닝 모델에 물리적인 법칙을 해석할 수 있는 추가변수를 도입하며, 딥러닝 모델의 매개변수 최적화 과정에서 Cost 함수에 물리적 법칙을 위반하는 경우 Penalty를 추가하는 알고리즘을 도입하여 물리적 보존법칙을 만족하도록 모델을 훈련시킨다. 본 연구의 목적은 대청호의 수심별 수온을 예측하기 위해 역학적 모델과 딥러닝 모델을 융합한 PGDL 모델을 개발하고 적용성을 평가하는데 있다. 역학적 모델은 2차원 횡방향 평균 수리·수질 모델인 CE-QUAL-W2을 사용하였으며, 대청호를 대상으로 2017년부터 2018년까지 총 2년간 수온과 에너지 수지를 모의하였다. 기상(기온, 이슬점온도, 풍향, 풍속, 운량), 수문(저수위, 유입·유출 유량), 수온자료를 수집하여 CE-QUAL-W2 모델을 구축하고 보정하였으며, 모델은 저수위 변화, 수온의 수심별 시계열 변동 특성을 적절하게 재현하였다. 또한, 동일기간 대청호 수심별 수온 예측을 위한 순환 신경망 모델인 LSTM(Long Short-Term Memory)을 개발하였으며, 종속변수는 수온계 체인을 통해 수집한 수심별 고빈도 수온 자료를 사용하고 독립 변수는 기온, 풍속, 상대습도, 강수량, 단파복사에너지, 장파복사에너지를 사용하였다. LSTM 모델의 매개변수 최적화는 지도학습을 통해 예측값과 실측값의 RMSE가 최소화 되로록 훈련하였다. PGDL 모델은 동일 기간 LSTM 모델과 동일 입력 자료를 사용하여 구축하였으며, 역학적 모델에서 얻은 에너지 수지를 만족하지 않는 경우 Cost Function에 Penalty를 추가하여 물리적 보존법칙을 만족하도록 훈련하고 수심별 수온 예측결과를 비교·분석하였다.

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Multiscale Wavelet-Galerkin Method in General Two-Dimensional Problems (일반 형상의 2차원 영역에서의 멀티스케일 웨이블렛-갤러킨 기법)

  • Kim, Yun-Yeong;Jang, Gang-Won;Kim, Jae-Eun
    • Transactions of the Korean Society of Mechanical Engineers A
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    • v.26 no.5
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    • pp.939-951
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    • 2002
  • We propose a new multiscale Galerkin method based on interpolation wavelets for two-dimensional Poisson's and plane elasticity problems. The major contributions of the present work are: 1) full multiresolution numerical analysis is carried out, 2) general boundaries are handled by a fictitious domain method without using a penalty term or the Lagrange multiplier, 3) no special integration rule is necessary unlike in the (bi-)orthogonal wavelet-based methods, and 4) an efficient adaptive scheme is easy to incorporate. Several benchmark-type problems are considered to show the effectiveness and the potentials of the present approach. is 1-2m/s and impact deformation of the electrode depends on the strain rate at that velocity, the dynamic behavior of the sinter-forged Cu-Cr is a key to investigate the impact characteristics of the electrodes. The dynamic response of the material at the high strain rate is obtained from the split Hopkinson pressure bar test using disc-type specimens. Experimental results from both quasi-static and dynamic compressive tests are Interpolated to construct the Johnson-Cook model as the constitutive relation that should be applied to simulation of the dynamic behavior of the electrodes. The impact characteristics of a vacuum interrupter are investigated with computer simulations by changing the value of five parameters such as the initial velocity of a movable electrode, the added mass of a movable electrode, the wipe spring constant, initial offset of a wipe spring and the virtual fixed spring constant.

Study on patients of infectious diseases administered with vancomycin or teicoplanin - Assessment of fitness of antimicrobial administration - (감염증 환자에서 vancomycin, teicoplanin 투여례에 대한 연구 - 항균제 투여의 적응증 평가 -)

  • Chang, Chul Hun;Son, Han Chul;Hwang, Kyu Yon;Park, Kwang Ok;Yang, Ung Suk
    • Quality Improvement in Health Care
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    • v.3 no.2
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    • pp.26-35
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    • 1997
  • Background : Glycopeptide antibiotics are the only drugs for treatment of infections due to beta-lactam-resistant Gram-positive bacteria. As the incidence of infection and colonization with vancomycin-resistant enterococci(VRE) rapidly increases, the hospital infection control practices advisory committee(HICPAC) recommends prudent vancomycin use to detect, prevent and control infection and colonization with VRE. Methods : The inpatients admitted from September to December, 1996 in Pusan National University Hospital, with Gram-positive bacterial infections were evaluated retrospectively to see whether the administrations of glycopeptide antibiotics were appropriate or not, upon comparison with the recommendations for preventing the spread of vancomycin resistance by HICPAC. Results : Teicoplanin has been chosen more frequently than vancomycin of the glycopeptide antibiotics. The indications of administration of glycopeptides in patients with pneumonia, wound infections, sepsis, and in febrile or neutropenic patients with malignancies were appropriate, but the use of glycopeptides for elimination of merely colonized bacteria in the oral cavity could not be excluded. Inappropriate use of glycopeptides was 10.6%, and inappropriately long-term use without positive culture for beta-lactam-resistant Gram-positive organisms was about 40% of total days of drug use. Conclusion : It seems essential for the quality assurance committee to make a plan in teaching the HICPAC recommendations to the medical practitioners who prescribed the glycopeptides inappropriately or used for irrelevantly long to his patient, monitor and survey their use of glycopeptides prospectively and periodically, and if there are repeated inappropriate prescriptions, a certain penalty would be given to the practitioners.

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An Improved RSR Method to Obtain the Sparse Projection Matrix (희소 투영행렬 획득을 위한 RSR 개선 방법론)

  • Ahn, Jung-Ho
    • Journal of Digital Contents Society
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    • v.16 no.4
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    • pp.605-613
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    • 2015
  • This paper addresses the problem to make sparse the projection matrix in pattern recognition method. Recently, the size of computer program is often restricted in embedded systems. It is very often that developed programs include some constant data. For example, many pattern recognition programs use the projection matrix for dimension reduction. To improve the recognition performance, very high dimensional feature vectors are often extracted. In this case, the projection matrix can be very big. Recently, RSR(roated sparse regression) method[1] was proposed. This method has been proved one of the best algorithm that obtains the sparse matrix. We propose three methods to improve the RSR; outlier removal, sampling and elastic net RSR(E-RSR) in which the penalty term in RSR optimization function is replaced by that of the elastic net regression. The experimental results show that the proposed methods are very effective and improve the sparsity rate dramatically without sacrificing the recognition rate compared to the original RSR method.

New Approach to Air Quality Management (대기오염관리의 새로운 접근방법)

  • 윤명조
    • Journal of environmental and Sanitary engineering
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    • v.8 no.2
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    • pp.25-48
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    • 1993
  • International concern over the environmental pollution is ever increasing, and diversified countermeasures must be devised in Korea also. Global trend, damages, problems and countermeasures with respect to issues mentioned in the Rio Declaration, such as prevention of ozone layer destruction, reduction of migratory atmospheric pollution between neighboring countries, and prevention of global greenhouse effect, were discussed in this report. Conclusion of the report is summarized as follows : A. Measurement, Planning and Monitoring (1) Development and implementation of a global network for measurement and monitoring from the global aspects such factors as related to acid rain(Pioneer substances, pH, sulfate, nitrate), effect of global temperature(Air temperature, $CO_2$, $CH_4$, CFC, $N_2O$) and destruction of ozone layer($CFC_S$). (2) Establishment of network system via satellite monitoring movement of regional air mass, damage on the ozone layer and ground temperature distribution. B. Elucidation of Present State (1) Improvement and development of devices for carbon circulation capable of accurately forecasting input and output of carbon. (2) Developmental research on chemical reactions of greenhouse gas in the air. (3) Improvement and development of global circulation model(GCM) C. Impact Assessment Impact assessment on ecosystem, human body, agriculture, floodgate, land use, coastal ecology, industries, etc. D. Preventive Measures and Technology Development (1) Development and consumption of new energy (2) Development of new technology for removal of pioneer substances (3) Development of substitute matter for $CFC_S$ (4) Improvement of agriculture and forestry means to prevent the destruction of ozone layer and the greenhouse effect of the globe (5) Improvement of housing to prevent the destruction of ozone layer and the greenhouse effect of the globe (6) Development of new technology for probing underground water (7) Preservation of forest (8) Biomass 5. Policy Development (1) Development of strategy model (2) Development of long term forecast model (3) Development of penalty charge effect and expense evaluation methods (4) Feasibility study on regulations By establishing the above mentioned measures for environmentally sound and sustainable development to establish the right to live for humankind and to preserve the one and only earth.

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Research for the Legal Protection System of Minor Actors and Actresses -Focused on the Analysis of Popular Culture Art Industrial Development Act- (우리나라 청소년 연기자 보호 제도에 관한 고찰 -2014년 시행 '대중문화예술산업발전법' 분석을 중심으로-)

  • Kim, Jeong-Seob
    • The Journal of the Korea Contents Association
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    • v.15 no.1
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    • pp.86-94
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    • 2015
  • This study is carried out to critically explore the direction of the improvement of the protection clauses of minor artists which is the core of Popular Culture Art Industrial Development Act enforced from July 29, 2014. The analysis shows that the law accepted the social issues such as the prevention of procuring minor prostitution, slave contracts(unfair long-term contracts), and third party's profit-extortion. However, the law missing or not specifically stated about age-based differential enforcement of work hours, dangerous acting scenes shouldn't be forced to minors, right to sleep, health, and study, as well as the penalty regulations in violation of each clause. Consequently, the Act's revision and supplementation is necessary to fully meet above insufficiencies referring to foreign practices.