• 대한한의학원전학회지
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• 제30권1호
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• pp.145-166
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• 2017

Objectives : The paper aims to study the philosophical background of Huangdineijing by taking into account the fact that its ideas are identical to that of the period between the Warring States and Han. Methods : Through considering the period and the historical backdrop in which Huangdineijing was published, and through considering the book with other texts such as Huangdisijing, the paper draws the common spirit of the time and analyzed the cause and flow of philosophies and ideas that influenced Huangdineijing. Conclusions : 1. Books that upheld Huangdi contained within Hanshu・Yiwenzhi have a common point with the mythical symbol of Huangdi in that they are related to the rule of a nation and the creation of a civilization. Huangdi, who in Huangdineijing bears a need to be understand at this common point of view. 2. The spirit of the period between Warring States and Han can be deduced as "a movement towards unification" and "the development of a civilization infused with spirit of unification." Such spirit of time are reflected in Huangdineijing as Nine Acupuncture(Official Acupuncture) and the establishment of the measuring standards for meridian, bone, and internal organ, and the establishment of the concept of 'Pyungin.' Especially the construction of waterways that connected Huanghe and Yangzijiang river with their tributaries that formed a direct composition of unification was applied to human body in Huangdineijing, thereby establishing the concept of 'Mai'. 3. Unlike Lao Zhuang School of Taoism was not interested in the act of ruling at all, Huangdineijing and its contemporary publication Huangdisijing, present their readers with Number, Law, Rule, Regulation and Governance. Here, the philosophy and the idea which seek "Law" as the methods of ruling the nation by actively participating in the governance of the nation based on the model of natural law and rule appear. Such philosophy and idea is an evidence of the influence of Fajia in accordance with the social and realistic changes witnessed during the time.

• Advances in nano research
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• 제3권3호
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• pp.143-168
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• 2015

Initiation of crack and its growth simulation requires accurate model of traction - separation law. Accurate modeling of traction-separation law remains always a great challenge. Atomistic simulations based prediction has great potential in arriving at accurate traction-separation law. The present paper is aimed at establishing a method to address the above problem. A method for traction-separation law prediction via utilizing atomistic simulations data has been proposed. In this direction, firstly, a simpler approach of common neighbor analysis (CNA) for the prediction of crack growth has been proposed and results have been compared with previously used approach of threshold potential energy. Next, a scheme for prediction of crack speed has been demonstrated based on the stable crack growth criteria. Also, an algorithm has been proposed that utilizes a variable relaxation time period for the computation of crack growth, accurate stress behavior, and traction-separation atomistic law. An understanding has been established for the generation of smoother traction-separation law (including the effect of free surface) from a huge amount of raw atomistic data. A new curve fit has also been proposed for predicting traction-separation data generated from the molecular dynamics simulations. The proposed traction-separation law has also been compared with the polynomial and exponential model used earlier for the prediction of traction-separation law for the bulk materials.

• 무역상무연구
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• 제67권
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• pp.23-47
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• 2015

European Commission drafted and proposed the Common European Sales Law(CESL) to the European Parliament for the realization of a uniform set of international private law rules within the EU internal market. Since its purpose is for free international commercial activities for the sale of goods, for the supply of digital content and for related services, it was proposed to enable EU Member States to adopt or supplement as their substantive law according to their options. This study is relate to the legal bases on termination of a contract under CESL, they are composed of three parts: damages and interest, restitution and prescription. Damages and interest are divided into damages, general provisions on interest on late payments, and late payment by traders. Damages are explained by dividing into right to damages, general measure of damages, foreseeability of loss, loss attributable to creditor, reduction of loss, substitute transaction, and current price. Restitution is described by dividing into restitution on revocation, payment for monetary value, payment for use and interest on money received, compensation for expenditure and equitable modification. Prescription is explained by dividing into general provisions, periods of prescription and their commencement and extension of periods of prescription. General provisions explain right subject to prescription into a right to enforce performance of an obligation and any right ancillary to such a right. Regarding period of prescription, the short one is two years and the long one is ten years. However, in the case of a right to damages for personal injuries, period of prescription for such right is thirty years. Regarding commencement, the short one begins to run from the time when the creditor has become, or could be expected to have become, aware of the facts as a result of which the right can be exercised, while the long one begins to run from the time when the debtor has to perform. However, in the case of a right to damages, the CESL clarifies that it begins to run from the time of the act which gives rise the right.

• 무역상무연구
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• 제15권
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• pp.7-31
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• 2001

All legal systems set out the principle of full compensation of damages, which aims to fulfil the plaintiff's expectations by putting him into as good a position as he would have been in if the contract had been performed. On the other hand, they place some limitations on the full recoverability of damages for breach of contract. In Civil Law systems, 'fault' is a necessary requirement for liability for damages, and the extent of recoverable damages is directly related to the degree of the dependent's fault. This principle, however, is not adopted by Common Law systems, in which the dependent would be liable in damages for breach of contract even though the breach was not due to his fault. The CISG is in a similar position to the latter systems. In Common Law systems as well as CISG, the extent of liability of the party in breach for damages depends on whether he foresaw or could have foreseen the damages at the time of contracting. Unlike the position in Civil Law systems, foreseeability seems to be the most effective principle to decide the extent. The tests for remoteness centre on reasonable foreseeability or contemplation of the loss. The party in breach is liable even for loss indirectly caused to the other party provided that this loss was foreseeable or contemplated by the party in breach. However, this manner to decide remoteness may lead to unreasonable results in some cases. If the party in breach were the inveterate pessimist who foresaw all sorts of possible damages, he could foresee damages too remote from the breach of duty. If this fact were revealed in the course of trial, he should be liable for such indirect damages. This is really undesirable result. Therefore, as to the remoteness test, the criterion of whether the loss is foreseen or contemplated must not be adopted. Foreseeability by reasonable person must be the only available criterion.

• 건축사
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• 통권548호
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• pp.74-75
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• 2014

• 전기기술인
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• 통권299호
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• pp.50-50
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• 2007

• 전기기술인
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• 통권302호
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• pp.48-48
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• 2007

• 전기기술인
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• 통권301호
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• pp.48-48
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• 2007

• 전기기술인
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• 통권303호
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• pp.50-50
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• 2007

• 의료법학
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• 제8권2호
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• pp.195-204
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• 2007

It is a general principle that the plaintiff takes burden of proof about negligence and causation in a civil compensation litigation. And it is the same in a medical malpractice lawsuit. Korean courts have made diverse efforts to mitigate the plaintiff's duty to prove in medical malpractice lawsuits under the name of justice and impartiality. One of those theoretical attempt is 'presumption of causation'. The Supreme Court, since 1995, has developed a new logic for the theory of 'presumption of causation' which is characterized by a phrase "layman's common sense". The Court presumes the defendant's negligence and causation when the plaintiff alleges and proves the facts which can be pointed out and expressed by a layman with common sense. And if the defendant fails to prove that the result was caused by other fact than own medical activities, the defendant shall be defeated. I realize that this theory has problem for justice and impartiality. I would say that two fators should be considered and added to this logic. First,are defendant's acts generally belonging to gross negligence which would cause that kind of bad result? Second, is it recognized that there would be the causation generally and statistically between the cause and the result?