• Korean Security Journal
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• no.8
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• pp.1-26
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• 2004

The current consitutional law 29-1 is ordaining the State Tort Liability for the illegal action of public service personnel. Based on this regulation, the State Tort Liability Act 2-1 actualizes by indicating, the nation or the local self-governing community is responsible for the public service personnels damaging others during their office hours whether it is accidental or intentional. However, the same law is considered to be inappropriate for the damage relief. In order to supplement this problem, through examinations at both theoretical and systematic levels of Prima facie as well as the objectification and standardization of the damages are required for the national compensation for the police action. According to the objectification and standardization of the damage theory, the faulty actions of the public service personnel are the defects occurred during the office hours. In the case of the police action that frequently uses infringement administration, invading the liberty and rights of the people, it is necessary to interpret faulty damages during the office duties more comprehensively so as to extend its scope of the ordinary public service personnel accidental illegality. In order to warrant effectiveness of the securing the rights, it is crucial to distinguish whether the faulty actions are accidental or intentional. When proven to be damages by illegal police action, the police personnel is responsible for the faults, called Prima facie, the nation is liable for the damage relief.

• Earthquakes and Structures
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• v.13 no.1
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• pp.89-101
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• 2017

The focus of this paper is the study on the seismic performance of RC buildings with two different connections at the base level under near-fault earthquakes. It is well-known that the impulsive nature of the near-fault ground motions causes severe damages to framed buildings especially at base connections. In the scope of this study, two types of 3-dimensional RC Moment Frames with Fixed Support (MFFS) and Hinged Support (MFHS) containing 5 and 10 stories are assessed under an ensemble of 11 strong ground motions by implementing nonlinear response history analysis. The most vulnerable locations of MFFS, are the connections of corner columns to foundation especially under strong earthquakes. On the other hand, using beams at the base level as well as hinged base connections in MFHS buildings, prevents damages of corner columns and achieves more ductile behavior. Results denote that the MFHS including Base Level Beams (BLB) significantly shows better behavior compared with MFFS, particularly under pulse-type records. Additionally, the first story beams and also interior components undergo more actions. Role of the BLBs are similar to fuses decreasing the flexural moments of the corner columns. The BLBs can be constructed as replaceable members which provide the reparability of structures.

• Earthquakes and Structures
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• v.25 no.3
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• pp.209-221
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• 2023

The Mw=7.7 (Pazarcık-Kahramanmaraş) and Mw=7.6 (Elbistan-Kahramanmaraş) earthquakes that occurred in Türkiye on 06.02.2023 with 9 hours' intervals, caused great losses of life and property as the biggest catastrophe in the instrumental period. The earthquakes affecting an area of 14% of the country were enormous and caused a great deal of loss of life and damage. Numerous buildings have collapsed or damaged at different levels, both in the city centers and in rural areas. Within the scope of this study, masonry structure damage built from different types of materials in the earthquake region was taken into consideration. In this study, the damage and causes of such masonry structures that do not generally receive engineering services were examined and explained in detail. Insufficient interlocking between wall-wall and wall-roof, inadequate masonry, lack of horizontal and vertical bond beams, usage of low-strength materials, poor workmanship, and heavy earthen roof are commonly caused to structural damages. Separation at the corner point and out-of-plane mechanism in structural walls, and heavy earthen roof damages are common types of damage in masonry structures.

• East Asian Journal of Business Economics (EAJBE)
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• v.8 no.4
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• pp.19-28
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• 2020

Purpose - This study aims to lay the foundation for a desirable direction to solve future environmental problems through framework research on environmental cooperation according to distribution of urbanization between South and North Korea. The article also attempts to explore solution to two Koreas' environmental problems from the cooperative perspective between South and North Korea and draw future policy tasks. Research design, data, and methodology - For methodology, North Korea's legal system to cope with disasters is taken into consideration in terms of literature review. This study also analyzes a series of processes related to North Korea's disaster management through case study, and draws policy measures for North and South Korea's cooperation scope and methods. Result - The results support that North Korea is very vulnerable to environmental disasters due to food shortages, economic sanctions, and enormous natural disaster damages including flood damages occurring each year, because of the lack of disaster prevention infrastructure such as river maintenance. Conclusion - At the current time when North and South Koran exchange and cooperation increase, a disaster management cooperative system is needed for the areas where South and North Korea manage through division. It also suggests that there is a need to establish regulations and procedures for support items in advance for a quick response to disasters in North Korean region.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.71
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• pp.1-36
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• 2016

Unlike continental European legal systems (civil law systems), specific performance in common law refers to an equitable remedy requiring exactly the performance that was specified in a contract. It usually granted only when money damages would be an inadequate remedy and the subject matter of the contract is unique. Thus, under common law specific performance was not a remedy, with the rights of a litigant being limited to the collection of damages. Consistent with the practice in civil law jurisdictions, United Nations Convention on Contracts for the International Sale of Goods (CISG) makes specific performance the normal remedy for breach of a contract for the sale of goods. Therefore, the buyer may require a breaching seller to deliver substitute goods or to make any reasonable repair. Likewise, the sellermay require the buyer to taker delivery of goods and pay for them. Despite this, Article 28 of the CISG restricts the availability of specific performance where it would be unavailable under the domestic law of the jurisdiction in which the court is located. Thus, the CISG's more liberal policy toward specific performance is restricted by common law. There are some legal issues in CISG's specific performance availability by Article 28. This paper analyzes these issues as interpreting Article 28 of CISG, by examining various theories of application to actions for specific performance and comparing CLOUT cases involving CISG Article 28.

• Korean Security Journal
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• no.61
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• pp.333-352
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• 2019

In January and August 2019, there were amendments to the Unfair Competition and Trade Secrets Protection Act (UCPA) and the Industrial Technology Protection Act(ITPA). These amendments will contribute to technology protection. But these amendments need to be supplemented further. In the area of civil remedies, despite the introduction of treble damages in the case of the UCPA and ITPA, the provisions related to the submission of supporting data have not been maintained. Therefore, it is necessary to recognize the claim of the other party as true if it is maintained at the level of the revised Patent Act and the scope of submission of supporting data. And the enforcement of the case of compulsory submission for the calculation of damages, and the order of filing documents are not followed. ITPA, on the other hand, has introduced the compensation for damages, but there is no provision for estimating the amount of damages. Therefore, it is necessary to estimate the amount of lost profits, profits, and royalties. In the area of criminal remedies, both the UCPA and ITPA have raised the penalty, but the sentencing regulations are not maintained. In addition, although the recent outflow of technology has expanded beyond organizational deviations to organizational outflows, amendments need to be made in relation to the serious consequence for the punishment of related juristic persons, such as companies involved in it. It should be noted that Japan and the United States have corporate regulations and regulations. In addition, in relation to the confiscation system, Act on Regulation and Punishment of criminal proceeds concealment require that domestic defenses be confiscated by defense industry technology, while trade secrets and industrial technologies are confiscated only by "foreign" outflows, and an amendment is necessary.

• Journal of Physiology & Pathology in Korean Medicine
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• v.33 no.5
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• pp.261-266
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• 2019

In order to cope with various issues about access to public health system of Korean medicine and reformation of college curriculum and argument of pseudoscience on Korean medicine etc., a new definition of Korean medicine was devised. Two ways of approach were tried through analysis of precedent cases of definition on traditional medicine firstly and analysis on concept and logic of Korean medicine secondly. As a result, Korean medicine can be defined as a science of theories and application techniques for maintaining health and diagnosing, treating and preventing conditions、causes、prognosis of diseases or damages based on the correlative and complicated understanding about the structure and function of mind and body out of human lives under the environment and society. This definition can be used as a basis to derive legal rights or scope in area of research and education policies and social institutions of the Korean medicine and to confront scientification criticism hereafter.

• Computers and Concrete
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• v.6 no.5
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• pp.403-419
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• 2009

Short column effect is cause to failure of columns which may result in severe damages or even collapse during earthquakes. The scope of the study is mainly to reveal the effect of short column on the holistic behaviour of the buildings. The nonlinear analysis of 31 different frame buildings containing short column problem are carried out using finite element method. The finite element models were selected by 2 bays and 3 stories. Since the short columns are generally seen in the first storey of the buildings, in the study, they are only constructed in the same storey. The adverse effect of the short column on the response of buildings was shown in terms of the total load factor and displacement capacity of building. The response of buildings in terms of ground storey displacements is presented in figures and discussed. It is revealed that if the window openings are constructed along the bays, the total load capacity is decreased 85% compared with reference model in which all of bays are filled with infill walls.

• International conference on construction engineering and project management
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• 2015.10a
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• pp.702-703
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• 2015

Currently, according to the climate change, serious damage by Typhoon has been occurred in the world. In this respect, the research on the damage prediction model to minimize the damage from various natural disaster has been conducted in several developed countries. In the case of U.S, various damage prediction models of buildings from natural disasters have been used widely in many organizations such as insurance companies and governments. In South Korea, although studies regarding damage prediction model of hurricane have been conducted, the scope has been only limited to consider the property of hurricane. However, it is necessary to consider various factors such as socio-economic, physical, geographical, and built environmental factors to predict the damages. Therefore, to address this issue, correlation analysis is conducted between various variables based on the data of hurricane from 2003 to 2012. The findings of this study can be utilized to develop for predicting the damage of hurricane on buildings.

• Journal of information and communication convergence engineering
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• v.8 no.6
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• pp.618-622
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• 2010

The damages from DDoS attacks are increasing as DDoS attacks are taking various forms. This has resulted not only in decreased reliability of organizations and corporations but also in the threat of national security. Organizations and corporations are making significant efforts in developing a system through which they can appropriately correspond to DDoS attacks. However, the studies on objective index for evaluating the performance of DDoS correspondence are lacking. The majority of the existing studies have been on the information protection & management system on a large scale. Accordingly, the scope of this thesis will be limited to DDoS correspondence to propose correspondence index for quantitatively measuring and managing them. The statistical techniques such as SMART technique and factor analysis will be utilized accordingly.