• Title/Summary/Keyword: civil law

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Analysis of free vibration in bi-directional power law-based FG beams employing RSD theory

  • Nafissa Zouatnia;Lazreg Hadji;Hassen Ait Atmane;Mokhtar Nebab;Royal Madan;Riadh Bennai;Mouloud Dahmane
    • Coupled systems mechanics
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    • v.13 no.4
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    • pp.359-373
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    • 2024
  • The present study aims to investigate the free vibration of bi-directional functionally graded (BDFG) beams using a refined shear deformation (RSD) theory. Power law variation of material composition was considered along thickness and longitudinal directions. The beams are considered simply supported. The methodology adopted is the Hamilton principle and the governing equation was solved using Navier's method for simply supported boundary conditions. A metal-ceramic combination of materials was used to provide gradation as per power law variation. The equivalent elasticity modulus and density of BDFG were computed using the rule of mixture. The results of the study were related to published works and found to be a good match. The effect of grading parameters in the thickness and longitudinal direction was studied to investigate its impact on the natural frequency.

Research on the Legislation theory of the Fundamental ADR Act (ADR기본법의 입법론에 관한 연구)

  • 김상찬
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.157-179
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    • 2004
  • Currently major countries, including the USA, have developed and contrived to activate ADR(Alternative Dispute Resolution) in order to both choose effective means for dispute resolution and establish the reformation of the judicial system; thus meeting people's revamped expectations due to the rapid increase of, and diversification in, civil disputes. This is why there has been some haste in many countries to organize systems for this, so called, 'the Fundamental ADR Act' which regulates the essential structure to accelerate the use of ADR and strengthen the links with trial procedures. For example, in 1999 Germany revised it Civil Procedure Act, to allow for a pre-conciliation process in cases involving only small sums of money. Whilst, with regard to the Civil Procedure Act in France, new regulations have been introduced with regard to actions before either a suit or return to conciliation. In the United Kingdom, as far back as 1988, additions to the legal structure allowed for expansion of regulations applying to ADR. By 1999 the new ADR regulations were part of the legal structure of the UK Civil Procedure Act. The USA passed the federal law for ADR in 1998. Since then the world has tried to enact this model in UNCITRAL on international conciliation. When we consider this recent trend by the world's major countries, it is desirable that the fundamental law on ADR should be enacted in Korea also. This paper traces the object, and the regulatory content required, for the fundamental ADR law to be enacted in Korea's future. Firstly, the purpose of the fundamental ADR law is limited only to the private sector, including administrative and excluding judicial sector and arbitration, because in Korea the Judicial Conciliation of the Civil Disputes Act, the Family Disputes Act and the Arbitration Act already exist. Secondly I will I examine the regulatory content of the basic ADR Act, dividing it into: 1)regulations on the basic ideology of ADR, 2)those on the transition to trial procedures of ADR, and 3)those on the transition to ADR from trial procedures. In addition I will research the regulatory limitations of ADR.

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Theoretical model for the shear strength of rock discontinuities with non-associated flow laws

  • Galindo, Ruben;Andres, Jose L.;Lara, Antonio;Xu, Bin;Cao, Zhigang;Cai, Yuanqiang
    • Geomechanics and Engineering
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    • v.24 no.4
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    • pp.307-321
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    • 2021
  • In an earlier publication (Serrano et al. 2014), the theoretical basis for evaluating the shear strength in rock joints was presented and used to derive an equation that governs the relationship between tangential and normal stresses on the joint during slippage between the joint faces. In this paper, the theoretical equation is applied to two non-linear failure criteria by using non-associated flow laws, including the modified Hoek and Brown and modified Mohr-Coulomb equations. The theoretical model considers the geometric dilatancy, the instantaneous friction angle, and a parameter that considers joint surface roughness as dependent variables. This model uses a similar equation structure to the empirical law that was proposed by Barton in 1973. However, a good correlation with the empirical values and, therefore, Barton's equation is necessary to incorporate a non-associated flow law that governs breakage processes in rock masses and becomes more significant in highly fractured media, which can be induced in a rock joint. A linear law of dilatancy is used to assess the importance of the non-associated flow to obtain very close values for different roughness states, so the best results are obtained for null material dilatancy, which considers significant changes that correspond to soft rock masses or altered zones of weakness.

A Study on negligent liability in Aviation Criminal Law (항공형법에서의 과실 책임에 관한 연구)

  • Hwang, Ho-Won
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.13 no.2
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    • pp.48-62
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    • 2005
  • In aviation criminal law is negligence different from in civil law and in general criminal law. The Interpretation of aviation criminal negligence must be elucidated in characteristic own way. The thesis considers the principle of trust, permissible risk and the accomplice offender.

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Power-law exponents of runoff-drainage area relationships vary with flow occurrence frequency: Observations from Korean rivers

  • Kim, JongChun;Paik, Kyungrock
    • Proceedings of the Korea Water Resources Association Conference
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    • 2015.05a
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    • pp.246-246
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    • 2015
  • Runoff at any given location along a stream can be expressed as a function of its upstream area. The runoff-drainage area relationship can be well expressed as power-law (Brush, 1961) with its exponent, ranging as high as unity (e.g., Stall and Fok, 1968) and as low as 0.5 in natural rivers. Here, we study the runoff-drainage area relationships for Han River and Nakdong River, Korea. We find that the relationships follow power-law and their exponents are highly related with occurrence frequency of flow. To support this, we analyze flow frequency with historical data measured over decades. Findings in this study can broaden our understanding on mechanisms behind the catchment response to runoff.

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The Correlation Between The Right To Medical Secrecy And The Employer's Right To Receive Information On The Employee's Health State

  • Yuryk, Olha;Stashkevich, Anatoly;Chornyi, Ruslan;Chorna, Zhanna;Kronivets, Tеtiana;Valakh, Viktoriia
    • International Journal of Computer Science & Network Security
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    • v.21 no.7
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    • pp.103-107
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    • 2021
  • The article analyzes the theoretical aspects of the relationship between the right to medical secrecy and the employer's right to receive information on the employee's state of health, resulting in a more complete description of the implementation of the right to medical secrecy and the employer's right to information on the employee's health state and the possibilities of protecting violated rights. The limits of permissible restrictions on the right to secrecy of health in terms of ensuring the person's performance of their job function have been clarified.

The impacts of thermophoresis via Cattaneo-Christov heat flux model

  • Ahmad, Manzoor;Hussain, Muzamal;Khadimallah, Mohamed A.;Ayed, Hamdi;Taj, Muhammad;Alshoaibi, Adil
    • Computers and Concrete
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    • v.29 no.4
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    • pp.255-262
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    • 2022
  • The present study investigates the effects of Cattaneo-Christov thermal effects of stagnation point in Walters-B nanofluid flow through lubrication of power-law fluid by taking the slip at the interfacial condition. The impacts of thermophoresis and Brownian motions are further accounted. The fluid impinging orthogonally on the surface is due to power-law slim coating liquid. The generalized newtonian fluid equation is used that obeys the power law constitutive equation to model our problem. The effect of velocity profiles, temperature for different values of n are investigated. The prandtl on the temperature distribution for partial slip and no slip cases is also observed. It is found that for larger values of prandtl number thermal diffusivity of fluid reduces and it enhance the decrease in temperature and boundary layer thickness.

Production Liability Law and Method of Protection and Defence (제조물책임법 (PL법)의 변화와 대처방안)

  • 이상복
    • Journal of the Korean Professional Engineers Association
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    • v.30 no.6
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    • pp.153-163
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    • 1997
  • In this paper, we explain Production Liability(PL) law and research method of protection and defence of PL law. In introduction, we give some examples of PL law In main issue, we explain more detail PL law. We survey several country PL law, specially U.S.A., EU, Japan whose are deeply related with us as important export country We discuss our country PL status, our country don't legislate PL law until now We have consumer protection law(소비자보호법) which is weaker than PL law but stronger than civil law(민법), We believe that PL law will be legislated within not long time. At last we discuss protection and defence of PL law inside of company and outside of company as PL insurance.

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The Medical Malpratice Liability of Chinese (중국(中國)의 의료과오책임(醫療過誤責任))

  • Piao, Dong-Mei
    • The Korean Society of Law and Medicine
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    • v.7 no.2
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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.

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Research on improvement of law for invigorating autonomous vehicle

  • Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.23 no.11
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    • pp.167-173
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    • 2018
  • The Korean government announced its goal of commercializing autonomous vehicle by year 2020. With such changes, it is expecting to decrease car accident mortality by half. To commercialize autonomous car, not only worries on safety of autonomous vehicle has to be solved but at the same time, institutional system has to be clear to distinguish legal responsibilities in case of accident. This paper will present the legal improvement direction of the introduction of autonomous vehicles as follows. First, it is necessary to re-establish concept of 'driver' institutionally. Second, it is appropriate to focus on Level 3 autonomous vehicle which is about to be commercialized in year 2020 and organize legal responsibility. Third, we should have a clear understanding on how level 3 autonomous vehicle will be commercialized in the future. Fourth, it is necessary to revise The Traffic Law, Act on Special Cases concerning the Settlement of Traffic Accident, and Automobile Accident Compensation Security Law in line with level 3 autonomous vehicle. Fifth, it is necessary to review present car insurance system. Sixth, present Product Liability Law is limited to movable products (Article 2), however, it is necessary to include intangible product which is software. Seventh, we should review on making special law related to autonomous car including civil, criminal, administrative, and insurance perspectives.