• Title/Summary/Keyword: Reasonable Person Standard

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A Multi-Level Integrator with Programming Based Boosting for Person Authentication Using Different Biometrics

  • Kundu, Sumana;Sarker, Goutam
    • Journal of Information Processing Systems
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    • v.14 no.5
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    • pp.1114-1135
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    • 2018
  • A multiple classification system based on a new boosting technique has been approached utilizing different biometric traits, that is, color face, iris and eye along with fingerprints of right and left hands, handwriting, palm-print, gait (silhouettes) and wrist-vein for person authentication. The images of different biometric traits were taken from different standard databases such as FEI, UTIRIS, CASIA, IAM and CIE. This system is comprised of three different super-classifiers to individually perform person identification. The individual classifiers corresponding to each super-classifier in their turn identify different biometric features and their conclusions are integrated together in their respective super-classifiers. The decisions from individual super-classifiers are integrated together through a mega-super-classifier to perform the final conclusion using programming based boosting. The mega-super-classifier system using different super-classifiers in a compact form is more reliable than single classifier or even single super-classifier system. The system has been evaluated with accuracy, precision, recall and F-score metrics through holdout method and confusion matrix for each of the single classifiers, super-classifiers and finally the mega-super-classifier. The different performance evaluations are appreciable. Also the learning and the recognition time is fairly reasonable. Thereby making the system is efficient and effective.

Risk Assessment for Hazardous Construction Work Recognized by Workers (건설위험직종 작업자의 위험체감도 평가)

  • Son, Ki-Sang;Lee, Shin-Jae
    • Journal of the Korean Society of Safety
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    • v.21 no.3 s.75
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    • pp.67-72
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    • 2006
  • This study is to investigate the related materials such as domestic law regulation, research paper, research report, and the other material, and to suggest suitable counter measures, to find out hazard degree for its works of workers and work place through direct survey, in order to determine risk score of each hazardous work which is designated by the Government, without consideration of labour's consciousness against risk level at a site. Therefore, a new questionnaire survey related to the decision of risk level are made and distributed to find out what risk level each worker recognizes. Also, the authors tried to approach reasonable conclusions after discussing reasonability of qualification standard and improving ideas of worker at hazardous work places with worker, faculty member, H&S manager, labour union. And the results show hazard degrees by each work kind of the above: 3.75 for working with machinery, 3.7 for steel structure, 3.5 for operation of tower crane, 3.51 for retaining wall, 3.85 for form work, 3.46 for scaffolding are obtained. This quantified risk can be applied to establishing a reasonable system to keep safe against hazardous works.

Arbitrator's Duty to Disclose in the Context of U.S. Law: Focusing on Case Law's Evident Partiality (미국법 상의 중재인의 고지 의무: 판례법상 명백한 편파성을 중심으로)

  • Shin, Seung-Nam
    • Journal of Arbitration Studies
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    • v.26 no.2
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    • pp.45-66
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    • 2016
  • The FAA provides that a district court may make an order vacating an arbitration award upon the application of any party to the arbitration where there was evident partiality on the arbitrator's behalf. The U.S. Supreme Court in the case of Commonwealth Coatings Corp. held that arbitrators must disclose to the parties "any dealing that might create an impression of possible bias." Justice White attempted to limit the scope of evident partiality to instances where an arbitrator has a "substantial interest" in the dispute before disclosure is required. The Second Circuit held that if an arbitrator thinks that a nontrivial conflict of interest might exist, the arbitrator must either (i) conduct an investigation into the potential conflict, or (ii) disclose to the parties why he or she thinks there could be a conflict. Further, the arbitrator must disclose his or her intent not to investigate the matter. By utilizing a reasonable impression of partiality standard, the Ninth Circuit held that evident partiality can exist despite an arbitrator's actual acknowledgement of a conflict, and if an arbitrator fails to discharge his or her duty to investigate potential conflicts of interest, his or her constructive knowledge of the conflicts can give rise to evident partiality.

A Comparative Study on the Housing Standard (최소주거기준에 대한 비교 연구)

  • Kim, Do-Yeon;Kim, Min-Kyoung;Yoon, Chae-Shin;Jun, Nam-Il
    • Proceeding of Spring/Autumn Annual Conference of KHA
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    • 2008.04a
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    • pp.203-208
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    • 2008
  • The purpose of the study is to establish the concept of residential standard, and at the same time to investigate the area of the minimum residential standard in the countries of the world through the preceding studies. In addition, it also aims at establishing the objective residential standard by comparing the residential standard of Korea with that of foreign countries, examining the problems and finding out the matters to be improved through the comparison of the residential standard in advanced countries with the minimum residential standard of Korea. The standard residential area, derived from the process of examining the minimum residential standard, will be used as the basic material for the calculation of the reasonable area in the surface plan for the study of low-cost housing development. The method of the study is to establish the concept of residential standard and at the same time to find out the problems in the minimum residential standard of Korea and improvement methods through the comparison of the residential standards in other countries. As the result of the studies focused on the area among the residential standards, it is found out that the Korea's residential area per capita is established as the least in comparison with that of advanced countries. The real area decided depending on the size of social space suitable for living can play a role in improving the degree of satisfaction in the person's living in the residential area. Therefore, it is urgently necessary to make a depth study on the surface area of the minimum residential standard, and it is also required to propose the residential standard and directions for the improvement of the qualitative level rather the quantitative expansion of residential structures.

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Psychotherapist's Liability for Failure to Protect Third Person (정신질환자의 타해(他害)사고와 의료과오책임)

  • Son, Heung-Soo
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.331-393
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    • 2010
  • Psychiatrists who treat violent or potentially violent patients may be sue for failure to control aggressive outpatients and for the discharge of violent inpatients. Psychiatrists may be sued for failing to protect society from the violent acts of their patients if it was reasonable for the psychiatrists to have known or should have known about the patient's violent tendencies and if the psychiatrists could have done something that could have safeguarded in public. The courts of a number of jurisdictions have imposed a duty to protect the potential victims of a third party on persons or institutions with a special relationship to that party. In the landmark case of Tarasoff v Regents of University of California, the California Supreme Court held that the special relationship between a psychotherapist and a patient imposes on the therapist a duty to act reasonably to protect the foreseeable victims of the patient. Under Tarasoff, when a therapist has determined, or under applicable professional standards should determine, that a patient poses a serious threat of violence to another, he incurs an obligation to use reasonable care to protect the intended victim against such danger. In addition to a Tarasoff type of action based on a duty to warn or protect foreseeable victims of psychiatric outpatients, courts have also imposed liability on mental health care providers based on their custody of patients known to have violent propensities. The legal duty in such a case has been stated to be that where the course of treatment of a mental patient involves an exercise of "control" over him by a physician who knows or should know that the patient is likely to cause bodily harm to others, an independent duty arises from that relationship and falls on the physician to exercise that control with such reasonable care as to prevent harm to others at the hands of the patient. After going through a period of transition, from McIntosh, Thompson and Brady case, finally, the narrow rule of requiring a specific or foreseeable threat of violence against a specific or identifiable victim is the standard threshold or trigger element in the majority of states. Judgements on these kinds of cases are not enough yet in Korea, so that it may be too early to try find principles in these cases, however it is hardly wrong to read the same reasons of Tarasoff in the judgements of Korea district courts. To specific, whether a psychiatric institute was liable for violent behavior toward others depends upon the patients conditions, circumstances and the extent of the danger the patients poses to others; in short, the foreseeability of a specific or identifiable victim. In this context if a patient exhibit strong violent behavior toward others, constant observation should be required. Negligence has been found not exist, however, when a patient abruptly and unexpectedly attack others or unidentifiable victim. And the standard of conduct that is required to meet the obligation of "due care" is based on what the "reasonable practitioner" would do in like circumstances. The standard is not one of excellence or superior practice; it only requires that the physician exercise that degree of skill and care that would be expected of the average qualified practitioner practicing under like circumstances. All these principles have been established in cases of the U.S.A and Japan. In this article you can find the reasons which you can use for psychotherapist's liability for failure to protect third person in Korea as practitioner.

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Legal Bases for the Interpretation of Contract Terms under the UNIDROIT Principles of International Commercial Contracts

  • Kim, Bong-Chul;Kim, Ho;Shim, Chong-Seok
    • Journal of Korea Trade
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    • v.24 no.1
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    • pp.113-130
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    • 2020
  • Purpose - This paper examines the legal standards for the interpretation of contract terms in the UNIDROIT Principles of International Commercial Contracts (PICC) and the cases thereunder in order to provide academic implication to promoting an appropriate understanding of this topic in practical business. Design/methodology - This article uses the literature research and case study under the PICC. Findings - the contract terms shall be interpreted according to the common intention of the parties. If such an intention cannot be established, the contract shall be interpreted according to the meaning that reasonable persons of the same kind as the parties would give to it in the same circumstances. The statements and other conduct of a party shall be interpreted according to that party's intention if the other party knew or could not have been unaware of that intention. If not, the reasonable person standard will apply. In applying above articles, all relevant circumstances including the conduct of the parties, practices and usages shall be considered. Terms and expressions shall be interpreted in the light of the whole contract or statement in which they appear and contract terms shall be interpreted so as to give effect to all the terms rather than to deprive some of them of effect. Where contract terms supplied by one party are unclear, contra proferentem rule applies. Where there is discrepancy between several equally authoritative versions of a contract, a preference is given to the interpretation according to the version originally drawn up. Where the parties to a contract have not agreed regarding an important term for their rights and duties, a term which is appropriate in the circumstances shall be supplied. Originality/value - This article examines various cases regarding the topic that were determined under the PICC. By finding legal standards and rulings of relevant cases, this article will help readers in practical business to enhance the ability to apply the provisions to their contracts.

Comparison between Labor Inputs by Quantity per Unit Method and by Actual Data Method in the Apartment Housing Construction Work - Focusing on Masonry Plaster Waterproofing Tile Labors - (공동주택 건설공사의 표준품셈과 실투입 노무량 비교 분석 - 미장, 방수, 조적, 타일공사를 중심으로 -)

  • Jeon, SangHoon;Koo, Kyo-Jin
    • Korean Journal of Construction Engineering and Management
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    • v.16 no.1
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    • pp.110-118
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    • 2015
  • The standard production unit system is the most basic element in our country construction. However, this standard production unit system shows a large difference in the actual amount of labor input for works at the Apartment housing construction, Therefore, it may be a reasonable alternative to estimate the cost of construction by historical cost data, works will be calculated the cost of labor must determine the exact amount and It is necessary to determine the exact amount of labor input for the construction progress management. This study examines the results of comparing the standard production unit system and the actual amount of labor counting in apartment housing construction was completed in the metropolitan area since 2000, the following results were obtained. the actual amount of labor input are looked for 1.184person/1000 of masonary, $0.084persons/m^2$ of plaster, $0.039persons/m^2$ of Waterproofing, $0.059persons/m^2$ of tile at the Apartment housing construction. in the actual amount of labor counting Compared with standard production unit system, masonry ratio of 59.8%, plaster ratio of 41.3%, waterproofing ratio of 31.5%, tile ratio of 34.3% and The labor rate in the works was the lowest in the plaster. was relatively high in the masonary. Therefore, the amount of labor country apartment housing construction is preferably calculated on historical cost data. But it seems that the amount of labor necessary complement ongoing close enough to the actual standard production unit system a major variable in construction management.

A Study on the Ward Module according to the External Design of the Hospital (병원 외주부 디자인에 따른 병실모듈 연구)

  • Lee, Hyunjin;Park, Wonbae
    • Journal of The Korea Institute of Healthcare Architecture
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    • v.27 no.3
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    • pp.71-78
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    • 2021
  • Purpose: It is important to plan the ward module at a time when the size of beds, the floor area, and the construction budget are all set prior to the hospital design. In this context this study aims (1) to derive various factors affecting the ward module, and (2) to analyze the appropriate room module according to the type. Methods: Design factors related to hospital modules are derived through precedential studies, and the types of ward elevation are classified by reviewing the drawings of 18 case hospitals. And the detailed dimensions and area of the derived elements are analyzed. Results: The X-axis modules of the ward are switched to long span structural columns of 9.9 m, 12.6 m and 13.2 m, but the ward modules still represent 6.6 m. The Y-axis module of the ward shows a dimension of 9 to 9.9m in the process of changing a multi-person room into a four-person room. Type A of curtain wall with columns located on the wall of the room and type B of curtain wall located in the center of the room are analyzed due to their variations. The square window type, which forms the elevation of the square window by exposing the columns to the elevation, and the outframe type, which protrudes from the structural columns and beams, have elevation designs limited. There are, however, no obstacles to the interior space of the hospital room, so the wall composition and furniture arrangement are expected to be free. The ward area of Curtain Wall Type A, which can secure an effective area of 5.9m*5.0m, are 52.1m2. The Curtain Wall Type A, Square window type, and the outframe type are 49.8m2. Implications: As part of the hospital standard module plan for economical and reasonable hospital building planning, a type was proposed in this study in conjunction with the external design. It is hoped that it be a base for standard module research linked together to the Central Treatment department, Outpatient department and underground parking lot.

The Principle of Good Faith under Uniform Commercial Code (미국 통일상법전상 신의성실의 원칙)

  • Kim, Young Ju
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.62
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    • pp.135-178
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    • 2014
  • The Uniform Commercial Code (UCC) sets the standards of good faith in a commercial transaction for the sale of goods. With every sales contract, there is an implied obligation for both the seller and the buyer to negotiate the contract and perform under the terms of the contract in good faith. The agreement between both parties and the customs in the industry determine how the good faith standard should be applied to a particular transaction. Generally, the meaning of good faith, though always based on honesty, may vary depending on the specific context in which it is used. A person is said to buy in good faith when he or she holds an honest belief in his or her right or title to the property and has no knowledge or reason to know of any defect in the title. In section 1-201 of the UCC good faith is defined generally as "honesty in fact in the conduct or transaction concerned." Article 2 of the UCC says "good faith in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade." The sales contract will generally determine which party is required to perform first. This provision helps to determine if the buyer or the seller is in breach of the agreement due to failing to perform as stated by the contract. Either the seller must deliver the items before the buyer is required to accept and pay or the buyer must pay for the items before the seller has the duty to act in good faith and deliver the items in a reasonable manner. If the contract does not specifically define who is required to perform, industry customs and fair trade may determine what is acceptable for the transaction. Under the UCC, the buyer is required to pay for the goods when they are delivered, unless the contract states otherwise. Therefore, the UCC imposes an obligation of good faith on the performance of every contract or duty under its purview. The law also generally requires good faith of fiduciaries and agents acting on behalf of their principals. This article discusses problems of the principles of good faith under the UCC. Specifically, this paper focuses on the interpretation of UCC sections and analysis of various cases. By comparing, also, UCC and Korean law, the paper proposes some implications of good faith issues for Korean law.

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The Effect of Schizotypal Personality Trait on the Ability of Facial Affect Identification in Healthy Person (정신분열형 인격 성향이 정상인의 안면 표정 인식 능력에 미치는 영향)

  • Yi, Hyeon-Lyung;Kim, Seung-Yeon;Choo, Jung-Suk;Lee, Kyoung-Uk;Chae, Jeong-Ho;Park, Young Min;Kim, Hyun;Lee, Kang Joon;Chung, Young-Cho;Lee, Seung-Hwan
    • Korean Journal of Biological Psychiatry
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    • v.15 no.4
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    • pp.297-302
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    • 2008
  • Objectives : The purpose of this study is to investigate whether the ability of facial affect perception is associated with schizotypal personality traits in healthy normal controls. Methods : 241 normal subjects were recruited in this study. The age range of all subjects was from 19 to 63 years. The schizotypal personality questionnaire(SPQ) and facial affect identification test(FAIT), which were developed and standardized in Korea, were applied. Subjects from high 1 standard deviation(H group, N=40) and low 1 standard deviation(L group, N=26) on SPQ score were compared. Results : We found that the H group showed significantly reduced ability on the correctness of sadness and neutral compared with the L group. But, no significant association between SPQ and intensity or reaction point was observed in all subjects. Conclusion : This study suggests the individuals with high schizotypal personality trait have impairments on the facial affect identification. Also, these findings may provide the reasonable explanation of social cognition deficit of schizotypal personality disorder.

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