• 제목/요약/키워드: Proper law

검색결과 404건 처리시간 0.024초

The Product Liability Laws and Regulations of China and Case Study on Product Liability (중국의 제조물책임 관련법규와 사례연구)

  • Huh, Jae-Chang;Han, Nak-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • 제25권
    • /
    • pp.243-266
    • /
    • 2005
  • Product liability is becoming a real issue to exporters, manufacturers world wide. The purpose of this study is to examine the product liability of Korean exporters, manufacturers, etc. under Product Liability Laws and Regulations of China. For this purpose, firstly we deal with the Product Liability Laws and Regulations of China. Secondly we analyze the case study concerning the Product Liability in China. From the analysis of case study, Korean exporters, manufacturers, etc. are required to pay close attention to the following : the correspondence of English with Chinese in the warning phrases, the possibility of application of strict global standard in case of existence of product liability, the proper treatment of evidence in the process of litigation, the application of strict liability and the shift of responsibility for evidence on to a defendant, the observance of procedures prescribed by the country in design and manufacture of the product, the manufacture of product to come up to country standard in quality, the consideration of diverse expression in the preparation of warning sign, the importance of quality control and inspection system in case of local procurement of parts and raw materials, Finally, this paper contributes to help the Korean Exporters, Manufacturers, etc. to build up the proper countermeasures regarding product liability under the product liability regulations of China.

  • PDF

Magnetic Field Analysis in Accordance with Line Configuration Type in Underground Transmission Systems (지중송전계통에서 선로의 구성방식에 따른 자계 해석)

  • Lee, Jae-Myeong;Lee, Jong-Beom
    • The Transactions of The Korean Institute of Electrical Engineers
    • /
    • 제64권12호
    • /
    • pp.1673-1678
    • /
    • 2015
  • This paper describes magnetic field on power cable in underground transmission systems. Based on specification which is being used in domestic power utility, magnetic field was analyzed in accordance with line arrangement, line burial depth and phase spacing. Magnetic field magnitude and its trend were understood in each circuit type such as double circuits, triple circuits and quadruple circuits of underground transmission systems. In addition, magnetic field was analyzed according to phase arrangement changing in each circuit. Finally, the proper phase arrangement configuration type was suggested by the evaluation of analysis result. Magnetic field was calculated by using Biot-Savart's law. According to the evaluated magnetic fields based on phase layout configuration in each circuit, it figured out that each of magnetic fields was different. As a result, this paper proposes a proper phase layout configuration for generating minimum magnetic field. It is evaluated that the phase layout configuration in each circuit proposed in this paper can be used at actual underground transmission systems.

An interface model for the analysis of the compressive behaviour of RC columns strengthened by steel jackets

  • Minafo, Giovanni
    • Structural Engineering and Mechanics
    • /
    • 제71권3호
    • /
    • pp.233-244
    • /
    • 2019
  • Steel jacketing technique is a retrofitting method often employed for static and seismic strengthening of existing reinforced concrete columns. When no continuity is given to angle chords as they cross the floor, the jacket is considered "indirectly loaded", which means that the load acting on the column is transferred partially to the external jacket through interface shear stresses. The evaluation of load transfer mechanism between core and jacket is not straightforward to be modeled, due to the absence of knowledge of a proper constitutive law of the concrete-to-steel interface and to the difficulties in taking into account the mechanical nonlinearities of materials. This paper presents an incremental analytical/numerical approach for evaluating the compressive response of RC columns strengthened with indirectly loaded jackets. The approach allows calculating shear stresses at the interface between core and jacket and predicting the axial capacity of retrofitted columns. A proper constitutive law is proposed for modelling the interaction between the steel and the concrete. Based on plasticity rules and the non-linear behaviour of materials, the column is divided into portions. After a detailed parametric analysis, comparisons are finally made by theoretical predictions and experimental results available in the literature, showing a good agreement.

Study on Parties' Duties for Efficient Arbitration Proceeding under the English Arbitration Act (효율적 중재진행을 위한 당사자의 의무 고찰 -2017영국중재법을 중심으로-)

  • Byoung-Kwon Choi
    • Korea Trade Review
    • /
    • 제45권1호
    • /
    • pp.203-219
    • /
    • 2020
  • The parties shall perform all actions necessary for the proper and expeditious conduct of arbitral proceedings. This includes complying without delay with any determination of the tribunal as to any and all procedural or evidential matters, or with any order or directions of the tribunal, and where appropriate, taking without delay any necessary steps to obtain a decision of the court on a preliminary question of jurisdiction or law. The parties are free to agree on the powers of the tribunal in case of a party's failure to do something necessary for the proper and expeditious conduct of the arbitration. The parties' general duty may be based on agreements, such as the duty not to ask the court for a dispute, the duty to carry out arbitral awards, and the duty of confidentiality. In this study, as a premise, after confirming the discussion related to Article 40 (general obligations of the parties) of the law, the arbitral tribunal will analyze the authority to execute it based on Article 41. As a matter of fact, in LMAA Terms 2017, the parties want to analyze what is required in order to proceed effectively.

브래드포드법칙과 그 응용에 관한 고찰

  • 이경호
    • Journal of Korean Library and Information Science Society
    • /
    • 제8권
    • /
    • pp.127-154
    • /
    • 1981
  • Today's complicated society with a rapid change needs more objective and accurate data for the better managerical decisions and the prospect for the future other than the intuition or subjective experience by men themselves. These data can't be extracted without the analysis of actual data by a n.0, pplying any of mathematical techniques. One of these mathematical techniques, called bibliometrics has been newly developed in the field of library and information science to extract the objective data for the better services through the library operations. The Beadford's Law, one important law in bibliometrics has provided rather scientific and objective basis on the more valid building of library collection within the constraints of budget. The purpose of the study is to investigate the theory of the Bradford's Law, to clarify the possible areas of its a n.0, pplication, and to discern some problems in doing so. The results of the study can be summarized as follows; (1) There is certain difference between the graphical formulation and verbal formulation of Bradford's Law. But this law is very useful for the field of library and information science, owing to the flexibility of the a n.0, pplication of the law in the field. (2) The minimal nucleus can consist of a single periodical only if j, the number of relevant papers in the most productive journals is greater than Z/2. On the other hand, if j is less than or equal to Z/2, then the minimal nucleus will consist of 2 or more periodicals. (3) It is possible to design the most compact selection of scientific periodicals covering any specified percentage P among the total periodicals by using the formulation, log n=Plog N+(1-P)logs, or Nlog N/s=P center dot N log N/s. (4) If there is need to provide all the articles needed by users the given budget, the library can purchase the proper number of journals, by using the formulation, f center dot AN=An+PN (log N/s-logn/s). (5) In the building of the library collection based on the decreasing ratio of use, the library can subscribe to the proper number of journals according to the satisfactory degree of the need, by using the formulation, f=Nu+uNlogN/S-uNlogn/s / nNlogN/s = 1+logN/m /logN/s (6) If the order of valuable journals is decided according to the frequency of being cited, the order can't always represent the value. (7) The evaluation criteria for the journals with high value, but less cited should be made a further study.

  • PDF

The View of Home Economics Teachers on Parents-in-Law (여교사의 시부모관)

  • 이정우
    • Journal of the Korean Home Economics Association
    • /
    • 제11권4호
    • /
    • pp.388-398
    • /
    • 1973
  • The increase of female employees tends to change the traditional division of the roles of members in the family, and as a result it changes the idea of family relation and the extent of how housewives with job feel happy toward their marriage. Therefore, it may be very significant to study what attitude woman job holders as housewives have toward their family, especially parents-in-law. In this paper the writer has sampled as an exemplary group woman teachers who teach home economics in high schools in Seoul, and investigated what opinion they have toward the problem of living together under the same roof with their parents-in-laws and otherwise of financing them in an older age. This analysis is based upon 130 questionnaires collected as proper data out of 138. The conclusion made from the analysis is as follows : (1) as regards the living together under the same roof if necessary in the future, one-fifth of the group approves in affirmative terms ; (2) but when parents-in-law become older, about half of the teachers wish to live with them in the same home and except the indefinite few, one-third of them taken the negative position ; (3) finally, the great majority (84%) regard as their duty the financial support in any case when parents-in-law become older, and only five per cent answer in negative. This analysis leads to the further conclusion that the idea of family relations cherished by high school teachers of home economics is not yet far off the traditional relationship with the intention of gradual improvement, but on the other it still sticks to the traditional line without too much impairing it.

  • PDF

A Case Study on the Recognition and Enforcement of Korean Commercial Arbitration Awards (Laying stress on the precedent of Korean supreme court) (중재판정의 승인과 집행사례연구 - 우리나라 대법원판례(大法院判例)를 중심(中心)으로 -)

  • Shin, Han-Dong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • 제49권
    • /
    • pp.61-86
    • /
    • 2011
  • Korea Supreme Court has given thirty-nine time's judgments on enforcement of Arbitral awards for thirty-six arbitration cases and made four time's decision on the arbitration cases since Korea arbitration act was enacted in 1966. Most of the arbitration cases appealed to the Supreme Court was to obtain the recognition and enforcement of arbitral awards or to set aside the arbitral awards according to the Korea arbitration Act article 36 and article 37, by reason of (a) a party to the arbitration agreement was under some incapacity under the law applicable to him or the said agreement is not valid under the law to which the parties have subjected it, or failing any indication thereon, (b) a party making the application was not given proper notice of the appointment of the arbitrator or arbitrators or of the arbitral proceedings or was otherwise unable to present his case (c) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration. However, 5 cases of these arbitral awards were refused to obtain the enforcement of Arbitral awards and have been cancelled finally by the Supreme Court only by the New York Convention of 1958.

  • PDF

Local buckling of reinforcing steel bars in RC members under compression forces

  • Minafo, Giovanni
    • Computers and Concrete
    • /
    • 제22권6호
    • /
    • pp.527-538
    • /
    • 2018
  • Buckling of longitudinal bars is a brittle failure mechanism, often recorded in reinforced concrete (RC) structures after an earthquake. Studies in the literature highlights that it often occurs when steel is in the post elastic range, by inducing a modification of the engineered stress-strain law of steel in compression. A proper evaluation of this effect is of fundamental importance for correctly evaluating capacity and ductility of structures. Significant errors can be obtained in terms of ultimate bending moment and curvature ductility of an RC section if these effects are not accounted, as well as incorrect evaluations are achieved by non-linear static analyses. This paper presents a numerical investigation aiming to evaluate the engineered stress-strain law of reinforcing steel in compression, including second order effects. Non-linear FE analyses are performed under the assumption of local buckling. A role of key parameters is evaluated, making difference between steel with strain hardening or with perfectly plastic behaviour. Comparisons with experimental data available in the literature confirm the accuracy of the achieved results and make it possible to formulate recommendations for design purposes. Finally, comparisons are made with analytical formulations available in the literature and based on obtained results, a modification of the stress-strain law model of Dhakal and Maekawa (2002) is proposed for fitting the numerical predictions.

Recent Trends in the Theory of Expectation Rights Violations in Japan (기대권침해론에 관한 일본의 최근 동향)

  • Song, Young Min
    • The Korean Society of Law and Medicine
    • /
    • 제14권1호
    • /
    • pp.209-236
    • /
    • 2013
  • The concept of expectation rights considers 'the expectation' that the patient should be given proper medical treatment as the benefit and protection of the law, so it would be the benefit and protection of the law due to personal rights different from 'the legal principle that has the possibility to a considerable extent' being in an extension of life and body. However, the problem how the patient's expectation of medical service sets up in order to make it the benefit and protection of the law would be still left in the vague concept of the patient's 'expectation', thus, in the first place, the medical practice following formed medical standard in every particular medical institutes should be the standard because these medical services are normally within a range of the patients' expectations. In addition, it should be naturally constituted as mental profit to get the subjective circumstances such as 'the patient's expectation' to be an object, and also, different from the profit and protection of the law such as life and body that should be absolutely protected, the origin of violation behavior should be regarded simultaneously to define the denotation of expectation rights. Therefore, the expectation rights violations would be problematic in case it fails to reach the medical standard that is expected for common doctors to practice properly. This is the concept of expectation rights that gets subjective matters such as the patient's expectation to be objectivity as medical practices that can be expected by generalized abstract doctors. This standard should be defined as the minimum standard that is naturally expected for doctors to practice, different from medical standard that decides the level of doctors.

  • PDF

A Study on Diffusion of the Utilization of Electronic Money (전자화폐의 확산에 따른 주요 쟁점에 관한 일고(一考))

  • Song, Keyong-Seog;Kim, Young-Hoon
    • International Commerce and Information Review
    • /
    • 제5권2호
    • /
    • pp.19-45
    • /
    • 2003
  • The main issues addressed in this paper are as follows : First, this paper makes a distinction among types of e-money, IC card type versus Network type, open-loop type versus closed-loop type, online type versus offline type and accountable type versus unaccountable type, and analysis the clear and accurate criterion. Second, generally speaking, e-money is a claim on originator of e-money and not legal tender, so, delivery of e-money by itself does not relieve of monetary obligation. Between it is not easy to define e-money, by now there are many definitions of e-money, there is a legal uncertainty accordingly and then it is not easy to find proper law applicable to resolve a particular issue. As a result. many problems relating to e-money would be solved through analogical application of the moot proper law among the laws that apply to the cash, check, credit card, or fund transfer after analyzing type of e-money at issue. This paper studies the methods on diffusion of the utilization of electronic money. To diffuse the usage of electronic money, it need; prerequisitely as a basic conditions independence of electronic money, non-reusability, and anonymity. And also as a additional conditions it need; usability in the offline commerce, transferability, divisibility. And now electronic money is used very actively, but still has many Jaw problems such as protections of consumer, law enforcement, supervisory, etc. So electronic money has called as money, but it is sure that electronic money is not a legal tender. So to facilitate the economic function of the electronic monel it is need to supplement the electronic money in the legal sides.

  • PDF