• 한국콘텐츠학회논문지
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• 제8권1호
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• pp.39-47
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• 2008

오늘날 미국의 민간경비산업은 빠른 성장을 보이고 있으며, 이의 규모는 공경비인 경찰을 훨씬 능가하고 있다. 주지하는 바와 같이 미국의 민간경비는 치안서비스의 민영화 내지 공동생산에 이론적 근거를 두고 더욱 성장할 수 있는 토대를 구축하고 있다. 그런데, 민간경비의 성장 이면에는 민간경비에 의한 민사 및 형사책임 문제가 중요한 이슈로 제기되고 있다. 이 글에서는 미국 민간경비의 민사책임 가운데 불법행위 책임을 중심으로 살펴보기로 한다. 민사책임에 있어서 계약책임은 계약에 의하여 서로 채권 채무관계에 서는 자들 사이에서 특수하게 일어나는 문제인데 대하여, 불법행위책임은 이러한 특별한 관계의 유무와는 상관없이 사법(私法)적 관계에서 일반시민 누구와의 사이에서도 언제든지 일어날 수 있는 문제라는 점에서 차이가 있다. 따라서 아래에서는 민간경비에 의한 불법행위 책임의 유형 및 일정한 특성, 그리고 이와 관련된 사건 및 몇 가지 판례를 살펴보고자 한다.

• 한국원자력학회:학술대회논문집
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• 한국원자력학회 2001년도 추계학술발표회요약집
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• pp.62.1-62
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• 2001

• 한국결정학회지
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• 제4권1호
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• pp.25-35
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• 1993

Tetra-tert-butyl-tetrapropionyloxycalix (4) arena (C,6H,20s)의 분자 및 결정구조를 X-선 회절법으로 연구하였다. 이 결정은 삼사정계이고 공간군은 P1이다. 단위세포 길이는 a=13.664(5), b=17.585(5), c= 12.863(2)A이며 a=109.33(2), B=111.97(2), r=76.45(3) ˚, Z=2이다. 회절반점들의 세기는 흑연단색화 장치가 있는 Enraf-Nonius CAD-4 Diffractometer로 얻었으며, Mo-Ka X-선(A=0.7107A )을 사용하였다. 분자구조는 직접법으로 풀었으며 최소자 승법으로 정밀화하였다. 최종 신뢰도 R값은 2561개의 회절반점에 대하여 0.084이었다. 본 Calixarene은 partial cone conformation을 가져서 세개의 tort-butylphenyl group들과 하나의 tort-butylphenyl group의 상대적인 배열이 다르다. 세개의 propionyloxy group들은 macrocycle로 된 cavity바깥 쪽을 향하여 배열되어 있다.

• 한국항해항만학회지
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• 제46권2호
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• pp.99-109
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• 2022

A report released by the Chinese Maritime Court found that the natural environment and other objective factors have greatly reduced the risk of ship collision accidents with the advancement of technologies. However, collisions between merchant ships and fishing boats occur frequently along the coast during fishing seasons, which should be highly valued. International conventions and domestic legislation in China comprise detailed laws with respect to ship collisions, but the theory of ship collision infringement needs to be improved, enriched, and developed. Meanwhile, the development of the tort liability law provides theoretical support for ship collision infringement. As far as China's ship tort legal system is concerned, the research on ship collision tort damage compensation is relatively extensive, and the constitutive elements and causality of ship collision tort liability have also been studied in depth. The purpose of this paper is to explore the domestic legislation applicable to disputes related to ship collisions in China. As these laws are unclear on the resolution of disputes resulting from ship collisions, significant attention has been focused on the final judgments by the Supreme Court of China (SPC), as well as the judicial judgments set by the Maritime Court of China.

• Nuclear Engineering and Technology
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• 제52권2호
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• pp.448-455
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• 2020

The H.B. Robinson Unit 2 (HBR-2) pressure vessel dosimetry benchmark is an in- and ex-Reactor Pressure Vessel (RPV) neutron dosimetry benchmark based on experimental data from the HBR-2 reactor, a 2300-MW PWR designed by Westinghouse and put in operation in March 1971, openly available through the SINBAD Database at OECD/NEA data Bank. The goals of the present work were to carry out three-dimensional (3D) fixed source transport calculations in both Cartesian (X,Y,Z) and cylindrical (R,θ,Z) geometries by using the TORT-3.2 discrete ordinates code on very detailed 3D HBR-2 geometrical models and to test the latest broad-group coupled (47 neutron groups + 20 photon groups) working cross section libraries in FIDO-ANISN format with same structure as BUGLE-96, such as BUGJEFF311.BOLIB, BUGENDF70.BOLIB and BUGLE-B7. The results obtained with all the cited libraries were satisfactory and are here reported and compared.

• Journal of Radiation Protection and Research
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• 제34권3호
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• pp.144-150
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• 2009

This study examines how much the radiation dose rate around it varies if a crack occurs on the spent nuclear fuel rod. The spent nuclear fuel rod to be examined is that of Kori unit 3&4. The source terms are evaluated using the ORIGEN-ARP that is part of the version 5.1 of the SCALE package. The radiation dose rate is assessed using the TORT. To check if the structure of a fuel rod is appropriately modeled in the TORT calculation, the calculation results by the TORT are compared with those by the ANISN for the same case. From the code simulation, it is known that if a crack occurs on the spent nuclear fuel rod, the neutron dose rate varies depending on what material is the crack filled with, but the gamma dose rate varies irrespective of type of the material that the crack is filled with.

• 의료법학
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• 제12권1호
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• pp.227-255
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• 2011

Recently, many nations said "yes" to human embryonic stem cell research, signing an executive order to permit funding for the research in the mame of achieving health and life of humankind. Human Embryo Research is permitted by our Bioethics & Biosafety Act. But, illegal research cannot be divorced from civil liability since it requires the destruction of eggs of fertilized eggs and personal rights of embryo-creator. After all, though we allow to do research embryo, we should control the capacity of abuse of embryo research for embryo-creator. If research violate the law(Bioethics & Biosafety Act or Civil Law, etc), it comes to a delict by pecuniary loss and non-pecuniary loss. When it comes to pecuniary loss, Human Embryo is not body but special property. Supreme Court maintained a stance that mental suffering is generally deemed as compensable for damages for the loss of property where a person's property right is invaded by a tort or non-performance of obligation. Thus, where mental suffering occurs, which cannot be compensated by recovery of property losses, the situation must be a special circumstance and the injured could claim consolation money for such losses only if the offender knew or would have known of such special circumstances(Supreme Court Decision 96Da31574 delivered on Nov, 26, 1996, etc.). That is to say, Supreme Court regards mental suffering through person's property right invaded by a tort as damages that have arisen through special circumstances. According to Civil law article 393 (2), the injured could claim consolation money for such losses only if only if the offender had foreseen or could have foreseen such circumstances. Also our court will solve through damages for non-pecuniary loss by complementary function of consolation money in that pecuniary loss could be difficult to valuate.

• 의료법학
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• 제7권2호
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• pp.113-136
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• 2006

In recent years, as well as the other countries, medical dispute cases increase continuously in China. one of the reason that medical cases increase rapidly like this is after reformation and opening people's sense of independence, law and right come to be high, but a theoretical study about medical malpractice liability is insufficient and there is deficiency at legislation from 1986 civil law general rule is carried out in Chinese. but it is difficulty to deal with those more and more complicated medical dispute only according to the law above. so in 2001 The Chinese Supreme Court established the judicial construction about civil litigation evidence which regulated the shift of the burden of proof of medical malpractice and the relation of cause and effect from the plaintiffs to the defendants. in 2002 the State Council made out Incident of Malpractice Processing Rule. but many scholar pointed out the problem in it. on the other side, according to Chinese Contract Law parties could choose contractual or tort liability to prosecute. but because of the judicial construction above majority of people asked tort liability. of course there are some cases asking contractual liability. then this paper aim at analysis of the Chinese medical malpractice liability, especially of the problems about the subject of responsibility, burden of proof and scope of responsibility.

• 시큐리티연구
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• 제8호
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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.

• 무역상무연구
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• 제77권
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• pp.285-304
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• 2018

With the development of market economy, it has been a legislative trend to establish a system for vicarious liability of employers. China also established Tort Liability Law of People's Republic of China in 2009 and ruled responsibility of the employers for the acts for their employees through Art. 35. First, the employer's right to indemnity to an employee should be recognized, because employer's superintendence is much weak and economic power is similar between them. Second, an employer should take a responsibility for an unpaid employee as vicarious liability, because the Law did not exclude them from employees. Lastly, in case the Law conflicts with Interpretation of the Supreme People's Court on Certain Issues Concerning the Application of Law in Trying Cases Involving Compensation for Personal Damage, the Law should be regarded it has priority based on several related Principles. Regarding these matters, this study guides you to an analysis of vicarious liability of employers in China, benefits with a view to the perfection of the vicarious liability regime.