• Title/Summary/Keyword: State-Space

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A study on Categorized type and range for the Aircraft and the LSA (우리나라 항공기 및 경량항공기의 종류 및 범위에 대한 법적 고찰)

  • Kim, Woong-Yi;Shin, Dai-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.1
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    • pp.55-71
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    • 2013
  • By aircraft from Aviation regulations and institutional regulatory framework for ensuring the safety is secured. State-of-the-art aircraft, according to the type of development and diversification, modernization and new types of aircraft are operated. In particular, light aircraft and ultralight flying device such as the gyro-plane and unmanned flying devices is introduced a new device, and the device operates at these flight in accordance with the standards of the Aviation Act regulations may not occur often. Variety of light aircraft and ultra-light aircraft assembly, can be adapted for a person engaged in the business of aviation safety management and to perform the legal basis was established. Depending on the classification of newly introduced aircraft, the biggest change is the introduction of the concept of the LSA. In Korea, the various light aircraft are operating, but these aircraft range not clearly Aviation Regulations had difficulty in ensuring safety. This study examined the differences between international rules and regulations of Korea about the classification of aircraft. The LSA are included in aircraft categories internationally, but LSA will not be included in the aircraft categories, which is one of a range of powered flight device exists in Korea Aviation Act. Limit for maximum continuous power speed in a LSA, it is a limit on the right of the people who want using the high-performance plane. Also it is an international trend does not fit in, and is consistent with the intent of LSA manufacturer. Delete the content from a range of future aviation law revisions and light aircraft-related provisions to limit the maximum continuous power speed is considered to be suitable for the purpose of introducing the light aircraft industry. The laws and regulations set up in order to ensure the safety of ultralight aircraft categories existing in ultralight aircraft that exceeds the purpose of the introduction of LSA technology development at home and abroad, and is intended to reflect. These standards complement of aircraft operation is not appropriate for the situation unless the country is difficult to ensure the safety of operations. Also developed in other countries, the introduction of aircraft operating in the country, so many problems occur early revision is required.

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A Study on aircraft ownership and air business control requirement in Korea (항공운송사업자의 국적 제한에 관한 고찰)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.147-174
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    • 2018
  • The air transportation industry is a field where control and interference of the state are generalized compared to other industries. However, the premise for national intervention in the air transportation industry is the determination of the nationality of the aircraft or airline company concerned. This is because it is necessary to clarify the distinction between the domestic and foreign carriers so that they can exercise airspace sovereignty. The purpose of this paper is to compare the current status and contents of Korean law and regulations on the determination of nationality with the foreign legal system. To this end, the starting point of the discussion is to look at the history of nationality restrictions on the US air transport industry and the issues that arise in the content and operation of the system today. In addition, this paper examined the provisions of the Japanese aviation law, which is very similar to that of Korea, and then compared the current legal provisions of the United States, Japan and Korea. As a conclusion, this paper sought the direction of revision of the Korean law on the basis of the foreign status of the restriction of nationality in the air transportation industry. Compared with our law, the US and Japan are generally regarded to be more concerned with the contents of their own airline companies than those of foreigners or non-citizen. In spite of the fact that there are many laws and regulations in the United States regarding the de facto dominance of domestic airline companies by foreigners, there have been a lot of controversies in this matter. By the way, Japan has been stipulating regulations on holding companies and affiliated companies. In the global era, it would be meaningful to check the status of the nationality restrictions in the aviation industry, which is based on internationality. I hope that this study will be able to build a legal institutional basis for Korea's aviation industry development from a reasonable protectionist point of view rather than a narrow nationalism in a rapidly changing era.

High Density Tilapia Culture in a Recirculating Water System without Filter Bed (무여과순환수 탱크 이용 Tilapia의 고밀도 사육실험)

  • KIM In-Bae
    • Korean Journal of Fisheries and Aquatic Sciences
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    • v.16 no.2
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    • pp.59-67
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    • 1983
  • An experiment on the rearing of tilapia stocked in closed recirculating tanks eliminating biological filter beds was carried out at the Fish Culture Experiment Station of the National Fisheries University of Pusan, from May 18 through October 21, 1982, and the growth rates, feed conversion, water quality, spawning prevention and space utilization efficiency were discussed. Finally discussed is the feasibility on the establishment of commercial production units. On the water quality, the water temperature ranged from $22.8^{\circ}C\;to\;29.1^{\circ}C$, and total ammonia arround 10 ppm or slightly up. Maintaining phytoplankton bloom was not successful probably because of the active consumption by the heavily stocked tilapia. Several attempts were made by changing the culture water with green water from a nearby earthen pond with results of fading-away in a couple of days. Feed conversions were relatively high ranging from 0.9 to 1.2 except for experiment 1 when the fish were not fully recovered from weakened wintering state. The feed used was partly laboratory prepared $25\%$ protein diet and mostly commercially available $39\%$ protein carp feed. Spawning was completely controlled during the experiment, resulting from density effect, which ranged from 10kg to 40.7kg per square meter with water depth of 0.5 to 0.6m. Space utilization efficiency was very high. Daily net production from the experiment division 3, which showed the highest result, was 6.206 kg per tank, which is calculated 3,235 metric tons per hectare per year, This time, water temperature ranged from 27.8 to $29.1^{circ}C$, average being $28.4^{circ}C$, and total ammonia arround 10 ppm. An estimation for the commercial set-up of the production system based on the results of experiment divisions which had initial stocking rate $15\;kg/m^2$ or up, is made. If the total facility, 8 tanks comprising $56\;m^2$ in surface area, is used for the present study, the yield would become 5,639 kg from 200 day rearing, which would be possible under double sheets vinyl house without additional heating, and it is thought feasible in the economic view point, when 10 or more units are operated.

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"Liability of Air Carriers for Injuries Resulting from International Aviation Terrorism" (국제항공(國際航空)테러리즘으로 인한 여객손해(旅客損害)에 대한 운송인(運送人)의 책임(責任))

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.47-85
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    • 1989
  • The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

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A Study on UAV and The Issue of Law of War (무인항공기의 발전과 국제법적 쟁점)

  • Lee, Young-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.3-39
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    • 2011
  • People may operate unmanned aerial vehicles (UAVs or drones) thousands of miles from the drone's location. Drones were first used (like balloons) for surveillance. By 2001, the United States began arming drones with missiles and using them to strike targets during combat in Afghanistan. By mid-2010, over forty states and other entities possessed drones, many with the capability of launching missiles and dropping bombs. Each new development in military weapons technology invites assessment of the relevant international law. This Insight surveys the international law applicable to the recent innovation of weaponizing drones. In determining what international law rules govern drone use, the most salient feature is not the fact that drones are unmanned. The fact drones carry no human operator may be the most important new technological breakthrough, but the key feature for international law purposes is the type of weaponry drones carry. Whether law enforcement rules govern drone use depends on the situation and not necessarily who is operating the drone. Battlefield weapons may also be lawfully used before an armed conflict in the following situations: when initiating self-defense under Article 51 of the United Nations Charter; when authorized by the UN Security Council; when a government seeks to suppress internal armed conflict; and, perhaps, when a state is invited to assist a government in suppressing internal armed conflict. The rules governing resort to force in self-defense are found in Article 51 of the UN Charter and a number of decisions by international courts and tribunals. Commentators continue to debate whether drone technology represents the next revolution in military affairs. Regardless of the answer to that question, drones have not created a revolution in legal affairs. The current rules governing battlefield launch vehicles are adequate for regulating resort to drones. More research must be undertaken, however, to understand the psychological effects of deploying unmanned vehicles and the effects on drone operators of sustained, close visual contact with the aftermath of drone attacks.

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Legal Review on the Regulatory Measures of the European Union on Aircraft Emission (구주연합의 항공기 배출 규제 조치의 국제법적 고찰)

  • Park, Won-Hwa
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.3-26
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    • 2010
  • The European Union(EU) has recently introduced its Directive 2008/101/EC to include aviation in the EU ETS(emissions trading system). As an amendment to Directive 2003/87/EC that regulates reduction of the green house gas(GHG) emissions in Europe in preparation for the Kyoto Protocol, 1997, it obliges both EU and non-EU airline operators to reduce the emission of the carbon dioxide(CO2) significantly in the year 2012 and thereafter from the level they made in 2004 to 2006. Emission allowances allowed free of charge for each airline operator is 97% in the first year 2012 and 95% from 2013 and thereafter from the average annual emissions during historical years 2004 to 2006. Taking into account the rapid growth of air traffic, i.e. 5% in recent years, airlines operating to EU have to reduce their emissions by about 30% in order to meet the requirements of the EU Directive, if not buy the emissions right in the emissions trading market. However, buying quantity is limited to 15% in the year 2012 subject to possible increase from the year 2013. Apart from the hard burden of the airline operators, in particular of those from non-European countries, which is not concern of this paper, the EU Directive has certain legal problems. First, while the Kyoto Protocol of universal application is binding on the Annex I countries of the Climate Change Convention, i.e. developed countries including all Member States of the European Union to reduce GHG at least by 5% in the implementation period from 2008 to 2012 over the 1990 level, non-Annex I countries which are not bound by the Kyoto Protocol see their airlines subjected to aircraft emissions reductions scheme of EU when operating to EU. This is against the provisions of the Kyoto Protocol dealing with the emissions of GHG including CO2, target of the EU Directive. While the Kyoto Protocol mandates ICAO to set up a worldwide scheme for aircraft emissions to contribute to stabilizing GHG concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, the EU ETS was drawn up outside the framework of the international Civil Aviation Organization(ICAO). Second, EU Directive 2008/101 defines 'aviation activities' as covering 'flights which depart from or arrive in the territory of a Member State to which the [EU] Treaty applies'. While the EU airlines are certainly subject to the EU regulations, obliging non-EU airlines to reduce their emissions even if the emissions are produced during the flight over the high seas and the airspace of the third countries is problematic. The point is whether the EU Directive can be legally applied to extra-territorial behavior of non-EU entities. Third, the EU Directive prescribes 2012 as the first year for implementation. However, the year 2012 is the last year of implementation of the Kyoto Protocol for Annex I countries including members of EU to reduce GHG including the emissions of CO2 coming out from domestic airlines operation. Consequently, EU airlines were already on the reduction scheme of CO2 emissions as long as their domestic operations are concerned from 2008 until the year 2012. But with the implementation of Directive 2008/101 from 2012 for all the airlines, regardless of the status of the country Annex I or not where they are registered, the EU airlines are no longer at the disadvantage compared with the airlines of non-Annex I countries. This unexpected premium for the EU airlines may result in a derogation of the Kyoto Protocol at least for the year 2012. Lastly, as a conclusion, the author shed light briefly on how the Korean aviation authorities are dealing with the EU restrictive measures.

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Policy Suggestions for Korea Aviation Industry's Fair Competition (항공운송산업의 공정경쟁에 대한 이해와 정책적 제언)

  • Park, Jin-Seo;Kim, Je-Chul;Han, Ik-Hyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.129-153
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    • 2017
  • Fair Competition policy in aviation field has been discussed since open skies policy began in 1970s. This issue has been also the main topic in the ICAO's Worldwide Air Transport Conference, the Air Transport Symposium, etc. ICAO defines competition as the existent or potential rivalry between two or more operators, carriers or groups, striving for advantages in the same market based on different prices, qualities and services. In a broader sense, the definition includes more various meanings; reasonable, fair, effective, and unrestricted competitions. Nowadays, competition laws and regulations to air transportation have been applied more frequently and the issues varies from antitrust immunity, mergers and alliances, abuse of dominant positions, capacity dumping and predatory pricing, sales and marketing, to airport charges and fees, state aid and loan guarantees. Now, the competition among the airlines or nations in aviation industry is changing to cooperation level. A lot of airlines try to survive by various cooperation methods. Therefore the policy of Korean aviation industry should be developed, taking so-called "the viewpoint of national aviation industry ecosystem" into consideration and Korean government should prepare a policy of fair competition to cope with it. First, in the process of open skies policy with neighboring countries such as China, Japan and the Middle East, it is necessary to apply the fair competition act and prepare laws and regulations to implement it. Second, the standards of effective ownership and control of air transportation business should be reviewed. Third, in preparation for aviation agreements and liberalization, the Korean aviation industry needs to study and review competition and cooperation issues through the analysis of strict aviation market structure for airlines and airport operations. Fourth, it is necessary to create a fair air transportation environment for the development of air transportation and competitiveness through preemptive policies such as the approval of mergers, acquisitions, JV and the ripple effects analysis.

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The Psychological Relaxation Effects of College Students in Location Targeting Seonyudo Park in Autumn (가을철 선유도공원의 주제공간이 대학생들의 심리적 안정에 미치는 영향)

  • Yoon, Yong-Han;Oh, Deuk-Kyun;Kim, Jeong-Ho
    • Journal of the Korean Institute of Landscape Architecture
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    • v.43 no.2
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    • pp.13-22
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    • 2015
  • The study discovers mood state and enhancement effect of users by scenery of location targeting Seonyudo Park; where is widely recognized as the representative recycling environmental park as well as theme experience space and scenery admiration in Korea. Also, the influence level of park and thematic space upon wellness was researched for future park design and its base data. As a result of semantic differential(SD), the most items showed low point in positive way when people admiring the scenery in Seonyudo. Also, a subject experienced differently depending on each inside scenery element of the park. As a result of profile of mood states(POMS), a tension and anxiety points were shown in order of Urban (7.78) > Water Purification Basin(3.33) > Gardens of Water Plants(2.11) > Garden of Green Pillar(2.00) > Garden of Time (0.89). The depression points were shown in order of Urban(4.94) > Water Purification Basin(3.50) > Garden of Green Pillar(2.94) > Garden of Time(1.61) > Gardens of Water Plants(1.38). The anger and hostility points were shown in order of Urban(4.22) > Water Purification Basin(3.33) > Garden of Green Pillar(2.22) > Garden of Time(1.39) > Gardens of Water Plants(1.11). The fatigue points were shown in order of Urban(6.5) > Water Purification Basin(3.39) > Garden of Green Pillar(2.78) > Garden of Time(2.28) > Gardens of Water Plants (2.06). The vigor points were shown in order of Gardens of Water Plants(11.39) > Garden of Time(11.00) > Garden of Green Pillar(8.39) > Water Purification Basin(7.77) > Urban(5.28). Also, as a result of statistics analysis, difference value of scenery type is significant. The result of total emotional disturbance(TED) was analyzed in order of Urban(24.5) > Water Purification Basin(9.5) > Garden of Green Pillar(4.67) > Garden of Time(-1.39) > Gardens of Water Plants(-1.22).

Study of Philosophical Background of '虛' Described in "Huang Di Nei Jing" ("황제내경(黃帝內經)"의 '허(虛)'와 그 철학적 배경에 대한 연구)

  • Lee, Jin-Woo;Hong, Moo-Chang;Bae, Hyun-Su;Shin, Min-Kyu
    • Journal of Physiology & Pathology in Korean Medicine
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    • v.20 no.4
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    • pp.766-783
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    • 2006
  • This study describes philosophical background regarding '虛' in oriental medicine in an effort to understand the relationships among some of the Eastern philosophy in accordance with differentiated meanings in several resources by analyzing examples of '虛' in Huang Di Nei Jing. The various usages of '虛' used in Huang Di Nei Jing are as follows: naming; condition of pulse; emptiness; '太虛' which was referred universal space by Chinese ; insufficiency, lack or scarcity, deficiency ; and the description of vitality, mental faculties. 外丹修煉(training by external substances) had the attitude do that withdraw the death by taking external materials. The meaning of '虛'in 外丹修煉 is similar to that in oriental medicine in terms of deficiency. That is, both 外丹修煉 and the oriental medicine consider that the death and disease are caused by the deficiency of something. However, there also exists difference between 外丹修煉 and the oriental medicine. 外丹修煉 supplements through withdrawal prohibition due to the characteristic of unchangeability and stern or immortal while oriental medicine provides concrete object of deficiency. 精(essence of life), 氣(ki, functional activity), and fe(vitality) not only have been considered as basic component of human body, but they also have been an important subject of health preservation for longevity with health in Taoism and oriental medicine. In oriental medicine, 精 and 氣 have been perceived as physical basis of human body and 神 as controller. 內丹修煉(Training of internal active substances) 掠nds to return to '虛', the early state of life through individual training, and attempts to withdraw death through continuous recurrence. The oriental medicine and 內丹修煉 held great value of 神 among health preservation of 精, 氣, and 神. They seek theoretical basis from philosophical Taoism. However, '虛' in Taoism is different from that in training by internal substances and oriental medicine: '虛' in philosophical Taoism has metaphysical concept which refers overcome of life and death, but '虛' in 內丹修煉 and oriental medicine have empirical concept. '太虛' is considered as formless space where it is emp Dut filled with 氣. It is conceptualized with the premise of the relevant adaptation of human body to natural environment theory referring that the interaction between the heaven and the earth makes changes; all creation is originated , and human is affected by the interaction of the heaven and the earth. Furthermore, in $\ulcorner$運氣七篇$\lrcorner$ (Seven chapters described about the five circuit phases and the six atmospheric influences), the expression that the earth is in the center of '太虛' and huge amount of 氣 supports it proves that $\ulcorner$運氣七篇$\lrcorner$ adapts '渾天設'(Chaotic universe thee). In Taoism, '虛' is the grounds where all creation is generated in the optimal condition of Tao. As regards the aspect of mentality, it is the condition in which one can free from the dualistic concepts such as right and wrong, beauty and ugliness, life and death, and so on. Although the ultimate goal of oriental medicine, the achievement of longevity without sickness, might contrast with the Taoist belief that perceives life and death as the natural phenomena or the flowing of the 氣, and eliminates all international, the idea of Taoism that one should live substantial life with naivety, and make Harmony with the nature might be influential to the oriental medicine.

Can We Hear the Shape of a Noise Source\ulcorner (소음원의 모양을 들어서 상상할 수 있을까\ulcorner)

  • Kim, Yang-Hann
    • Transactions of the Korean Society for Noise and Vibration Engineering
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    • v.14 no.7
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    • pp.586-603
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    • 2004
  • One of the subtle problems that make noise control difficult for engineers is “the invisibility of noise or sound.” The visual image of noise often helps to determine an appropriate means for noise control. There have been many attempts to fulfill this rather challenging objective. Theoretical or numerical means to visualize the sound field have been attempted and as a result, a great deal of progress has been accomplished, for example in the field of visualization of turbulent noise. However, most of the numerical methods are not quite ready to be applied practically to noise control issues. In the meantime, fast progress has made it possible instrumentally by using multiple microphones and fast signal processing systems, although these systems are not perfect but are useful. The state of the art system is recently available but still has many problematic issues : for example, how we can implement the visualized noise field. The constructed noise or sound picture always consists of bias and random errors, and consequently it is often difficult to determine the origin of the noise and the spatial shape of noise, as highlighted in the title. The first part of this paper introduces a brief history, which is associated with “sound visualization,” from Leonardo da Vinci's famous drawing on vortex street (Fig. 1) to modern acoustic holography and what has been accomplished by a line or surface array. The second part introduces the difficulties and the recent studies. These include de-Dopplerization and do-reverberation methods. The former is essential for visualizing a moving noise source, such as cars or trains. The latter relates to what produces noise in a room or closed space. Another mar issue associated this sound/noise visualization is whether or not Ivecan distinguish mutual dependence of noise in space : for example, we are asked to answer the question, “Can we see two birds singing or one bird with two beaks?"