• Korean Journal of Agricultural and Forest Meteorology
• /
• v.17 no.2
• /
• pp.144-155
• /
• 2015

Since the relocation project of equipment in 2011, the overall circumstances of KMA's agrometeorological observation have been significantly improved. Some concerns, however, emerged as a result of the evaluation of observational circumstances in terms of quality assurance after the field surveys on all stations. In order to improve the situation, we suggest: (1) establishment of clear management responsibilities, (2) enhancement of mutual cooperation system between relevant organizations, (3) detailed records of the changes in the observational circumstances, (4) standardization of equipment and sensors, (5) installation of unified information boards, (6) transfer of inappropriate facilities to an adjacent cropland and (7) setup of automated evaporation pan. In order to effectively utilize the high-quality data obtained through improvement of observational circumstances and an elaborate quality control, it is recommended to publish and disseminate regular reports on agrometeorological observations. To produce such a report on a trial basis, we have investigated different types of regular reports issued by domestic and foreign organizations, publication periods, geographical scope, main contents and amount. Based on our current situation, it would be beneficial to learn from the cases of Germany and Canada, which summarize mainly the distinctive agrometeorological phenomena occurred over the past years across the country.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.76
• /
• pp.125-145
• /
• 2017

Where an insurer has unreasonably refused to pay a claim or paid it after unreasonably delay, the existing law in England does not provide a remedy for the insured. Accordingly, the insured is not entitled to damages for any loss suffered as a result of the insurer's unreasonable delay. This legal position differs from the law in Scotland and most major common law jurisdictions. LC thought that the legal position in England is anomalous and out of step with general contractual principles. LC considered that a policyholder should have a remedy where an insurer has acted unreasonably in delaying or refusing payment of claim, and, therefore, recommended a statutory implied term in every insurance that the insurer will pay sums due within a reasonable time and breach of that term should give rise to contractual remedies, including damages. More detailed recommendations of LC are as followings. First, it should be an implied term of every insurance contract that, where an insured makes a claim under the contract, the insurer must pay sums due within a reasonable time. Secondly, a reasonable time should always include a reasonable time for investigating and assessing a claim. Although a reasonable time will depend on all the relevant circumstances, for example, the following things may need to be taken into account, that is, (1) the type of insurance, (2) the size and complexity of the claim, (3) compliance with any relevant statutory rules or guidance, and (4) factors outside the insurer's control. Thirdly, if the insurer can show that it had reasonable grounds for disputing the claim(whether as to pay or not, or the amount payable), the insurer does not breach the obligation to pay within a reasonable time merely by failing to pay the claim while the dispute is continuing. In those circumstances, the conduct of the insurer in handling the dispute may be a relevant factor in deciding whether the obligation was breached and, if so, when. Fourthly, Normal contractual remedies for breach of contract should be available for breach of the implied term to pay sums due within a reasonable time. Finally, In non-consumer insurance contracts, the insurer should be permitted to exclude or limit its liability for breach of the obligation to pay sums due within a reasonable time, unless such breach was deliberate or reckless, and such an insurer's right to contract out will be subject to satisfying the transparency requirements.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.19
• /
• pp.67-93
• /
• 2003

The CISG approach was intended to make the remedial system clear, but produced ambiguity, and complexity. The CISG does not differentiate between main, auxiliary and participatory obligations. There is no distinction between breaches of main or breaches of auxiliary obligations, rather, a distinction is made between fundamental and other breaches of contract. Articles 25 gives the definition of fundamental breach of contract. This concept is the essential of avoidance and remedial system in the CISG. This concept, however, is ambiguous. The fact that the fundamentality of a breach of contract in many cases is the condition for an avoidance of contract, is expression of the trend of the CISG to preserve contracts, which I consider as essential in international trade. The elements which define a substantial detriment are extremely complex. It will become obvious that the relevant detriment is not a static element, but in many instances occurs only when the breach of contract continues. It should be added that it is the circumstances of each individual case which are relevant. It is to be stressed that a fundamental breach of contract must constitute also a non-fulfillment of a contractual obligation.

• Earthquakes and Structures
• /
• v.3 no.1
• /
• pp.17-35
• /
• 2012

Simplified equations for fundamental period of vibration of skeletal structures provided by most seismic design provisions suffer from the absence of any associated confidence levels and of any reference to their empirical basis. Therefore, such equations may typically give a sector of designers the false impression of yielding a fairly accurate value of the period of vibration. This paper, although not addressing simplified codes equations, introduces a set of mathematical equations utilizing the theory of error propagation and First-Order Second-Moment (FOSM) techniques to determine bounds on the relative error in theoretically calculated fundamental period of vibration of skeletal structures. In a complementary step, and for verification purposes, Monte Carlo simulation technique has been also applied. The latter, despite involving larger computational effort, is expected to provide more precise estimates than FOSM methods. Studies of parametric uncertainties applied to reinforced concrete frame bents - potentially idealized as SDOF systems - are conducted demonstrating the effect of randomness and uncertainty of various relevant properties, shaping both mass and stiffness, on the variance (i.e. relative error) in the estimated period of vibration. Correlation between mass and stiffness parameters - regarded as random variables - is also thoroughly discussed. According to achieved results, a relative error in the period of vibration in the order of 19% for new designs/constructions and of about 25% for existing structures for assessment purposes - and even climbing up to about 36% in some special applications and/or circumstances - is acknowledged when adopting estimates gathered from the literature for relative errors in the relevant random input variables.

• Journal of Korean Society of Occupational and Environmental Hygiene
• /
• v.23 no.4
• /
• pp.374-383
• /
• 2013

Objectives: The major objective of this study is to review overall and in detail the Corporate Manslaughter and Corporate Homicide Act 2007 in the U.K.and the principal contents of this act. Methods: A variety of articles related to the background and circumstances under which the legistration was enacted and the details of this act were investigated and analyzed. Results: In enacting Corporate Manslaughter and Corporate Homicide Act 2007, legislators mainly took elements of legal culture into account and focused on seeking to broaden the law on corporate manslaughter. An indictable offence is considered to have been committed if the way in which an organization's activities are managed or organised causes a person's death and amounts to a gross breach of the relevant duty of care owed by the organization to the deceased. The way in which its activities are managed or organized by its senior management is a substantial element in the breach. Upon conviction, a corporation may be ordered to remedy any breach, publicize its failures, or be given an unlimited fine. Conclusions: The enactment background and details of Corporate Manslaughter and Corporate Homicide Act 2007 is understood accurately. On the basis of the findings, it is necessary to heighten effectiveness of punishment.for senior management or corporations that cause a person's death in Korea.

• Journal of the Korean Institute of Navigation
• /
• v.17 no.1
• /
• pp.79-90
• /
• 1993

As the trend of ship's automation has spreaded over from 1950's , it caused shipping industries to develop new concept of ship's officer to operate new type of ships with high technologies. As a result, French started the education of Dual Purpose Officer (DPO) from 1967 for mariners who has skills and knowledge in navigation and engineering area. these experiments were concerned mainly with an improved carrier structure for officers, efficiency in ship's operation and subsequent cost saving, and in these years, many advanced countries in shipping business have been interested in the DPO system and adopted it especially in the Northern Europe and Japan. In Jorea there were researches for DPO based on experience of those in foreign countries in the middle of 1980's and established it with revision of relevant domestic regulation in 1990. Korean shipping industry will meet first graduates from DPO program in the near future but it seems that there were not sufficient studies to prepare actual practice. In the paper it was tried to analyze korean DPO system in the structure of education and certification by comparing them with foreign one and found that curriculums of the two maritime universites in Korea are quite suitable under circumstances of domestic shiping industry but some amendments are needed in relevant regulations.

• The Korean Journal of Air & Space Law and Policy
• /
• v.35 no.2
• /
• pp.197-224
• /
• 2020

This paper reviews and criticizes some issues as to the case of A and Others v. Finnair Oyj [2020] Case C-832/18 by examining EU Regulations and practical point of views. Under this case, the travellers brought an action against Finnair in light of the Air Passenger Regulation12, seeking compensation for both the first cancelled flight, and the delayed re-routed flight. Finnair had paid the first compensation, but refused to grant the second claim, arguing that the regulation did not set out that passengers were eligible for a second claim in those situations, and that the delay of the second flight was a consequence of 'extraordinary circumstances' under the regulation. The Court of Appeal in Helsinki has asked the CJEU whether an air passenger is entitled to a further compensation where a re-routed flight they have agreed to take is delayed, where both the original and rerouted flight are operated by the same air carrier. The CJEU held that the regulation does not in any way limit the rights of passengers where they find their flights being re-routed. As such, under earlier CJEU case law, the relevant travellers here were entitled to compensation for cancellation of the first flight and delay of the second flight. It also disagreed with Finnair's assessment that the technical failure in the re-routing flight was a matter of extraordinary circumstances.

• Journal of the Korean Society for information Management
• /
• v.5 no.2
• /
• pp.3-22
• /
• 1988

The purpose of this paper is to help understand of the, definitio~~ of, componativelibraianship and the methodology of comparative study in librariansliip. Comparative librarial~sl~ip may be defined as the systematic anallsis of library derelopmetit, practices, or problems as they occur under different circumstances (most usually in different count r ~ e s ) , considered in the c o ~ t t x t of tlle relevant historical, geographic, political, economic, social, cultural, and other determinant backgrourd factors found in the situations under study. Essentially it co~~stitutes an important approach to the search for cause and effect in library development, and tu tl~e understandillg of library problems. The mctl~odology of comparatiw study i n libranianship includes four steps; i)description, iilinterpret at ion, iii\ulcorner juxtaposition, iv! comparison.

• Journal of Information Technology Services
• /
• v.4 no.1
• /
• pp.15-29
• /
• 2005

According as the requirement of custom for the enterprise or government organization gets to be various, the enterprise or government organization has been quickly changing to cope with the situation. Recently, by considering a domestic situation which is intending the e-government, the service for the people to apply the information technology of a local autonomous entity is very much need. However, it is actual circumstances that share and application of information is not smoothly realized in the state that government organization introduces the relevant system. To solve this problem, this paper performs a study what the level of interoperability has relation to organizational Performance using interoperability with information system.

• Asian-Australasian Journal of Animal Sciences
• /
• v.24 no.4
• /
• pp.573-586
• /
• 2011

Along with the recent changes in animal feed supply circumstances, many enzyme and probiotic feed supplements have been introduced and applied to pigs and chicken diets. Therefore, both selection of the appropriate feed supplements and their proper supplementation becomes critical to justify the supplementation. Meta-analysis was proposed as an appropriate tool to assess the large amount of relevant information. In this review, reliable data from recent publications was compounded then analyzed to determine the best practice of effective enzyme supplementation from the perspectives of animal species, age, characteristics of feed, target substrates, optimum multi enzymes combination and intended objectives. The results of the analysis suggested pratical methods of probiotic supplementation regarding intestinal microbiota, physiological limitation of probiotics, maximization of the probiotic benefit and synergism with prebiotic supplements.