• Title/Summary/Keyword: control law

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Restrictions and Solutions on the Operation of Coast Guard Aircraft in the Provisional Measures Zone between Republic of Korea and China (국제민간항공협약 및 항공안전법 적용 기준 차이에 따른 해양경찰 항공기의 한·중 잠정조치수역 비행시 제한사항 및 해결방안)

  • Ki Yeon Kim;Jang Ryong Lee
    • Journal of Advanced Navigation Technology
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    • v.28 no.1
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    • pp.37-43
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    • 2024
  • National aircraft are subject to exceptions under the International Civil Aviation Convention. Each country must ensure the safety of civil aircraft through reasonable consideration (due regard). Accordingly, the Aviation Safety Act of Korea also includes an exception for national aircraft. However, Korea Coast Guard aircraft are legislated to be subject to the law on five provisions. As Korea Coast Guard aircraft operate under the application of these provisions of international and domestic laws, they will be required to control flight procedures from China's civil air traffic control when flying over provisional action zone, which is international waters in the West Sea. China's demand is a major limiting factor in protecting the safety of the people of Korea, which is the original mission of Korea Coast Guard aircraft, and through this study, countermeasures to solving these problems at the national level were suggested.

Psychotherapist's Liability for Failure to Protect Third Person (정신질환자의 타해(他害)사고와 의료과오책임)

  • Son, Heung-Soo
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.331-393
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    • 2010
  • Psychiatrists who treat violent or potentially violent patients may be sue for failure to control aggressive outpatients and for the discharge of violent inpatients. Psychiatrists may be sued for failing to protect society from the violent acts of their patients if it was reasonable for the psychiatrists to have known or should have known about the patient's violent tendencies and if the psychiatrists could have done something that could have safeguarded in public. The courts of a number of jurisdictions have imposed a duty to protect the potential victims of a third party on persons or institutions with a special relationship to that party. In the landmark case of Tarasoff v Regents of University of California, the California Supreme Court held that the special relationship between a psychotherapist and a patient imposes on the therapist a duty to act reasonably to protect the foreseeable victims of the patient. Under Tarasoff, when a therapist has determined, or under applicable professional standards should determine, that a patient poses a serious threat of violence to another, he incurs an obligation to use reasonable care to protect the intended victim against such danger. In addition to a Tarasoff type of action based on a duty to warn or protect foreseeable victims of psychiatric outpatients, courts have also imposed liability on mental health care providers based on their custody of patients known to have violent propensities. The legal duty in such a case has been stated to be that where the course of treatment of a mental patient involves an exercise of "control" over him by a physician who knows or should know that the patient is likely to cause bodily harm to others, an independent duty arises from that relationship and falls on the physician to exercise that control with such reasonable care as to prevent harm to others at the hands of the patient. After going through a period of transition, from McIntosh, Thompson and Brady case, finally, the narrow rule of requiring a specific or foreseeable threat of violence against a specific or identifiable victim is the standard threshold or trigger element in the majority of states. Judgements on these kinds of cases are not enough yet in Korea, so that it may be too early to try find principles in these cases, however it is hardly wrong to read the same reasons of Tarasoff in the judgements of Korea district courts. To specific, whether a psychiatric institute was liable for violent behavior toward others depends upon the patients conditions, circumstances and the extent of the danger the patients poses to others; in short, the foreseeability of a specific or identifiable victim. In this context if a patient exhibit strong violent behavior toward others, constant observation should be required. Negligence has been found not exist, however, when a patient abruptly and unexpectedly attack others or unidentifiable victim. And the standard of conduct that is required to meet the obligation of "due care" is based on what the "reasonable practitioner" would do in like circumstances. The standard is not one of excellence or superior practice; it only requires that the physician exercise that degree of skill and care that would be expected of the average qualified practitioner practicing under like circumstances. All these principles have been established in cases of the U.S.A and Japan. In this article you can find the reasons which you can use for psychotherapist's liability for failure to protect third person in Korea as practitioner.

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Negligence theory of Aviation accident with reference to the japanese aviation accident precedent (항공 사고에서의 과실 이론 - 일본 항공 사고 판례를 중심으로 -)

  • Hwang, Ho-Won;Ham, Se-Hun
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.115-136
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    • 2008
  • The development of the aviation technology is beyond the people's imagination. For example, with some exaggeration, If the autopilot engage upon take off, You will realize that you are on the centerline of the foggy JFK runway 13R after 15 hours with only once or twice of intervention. But the more aviation technology develops, the more responsible the pilot will be who has the final authority of the aviation safety. In the JAL 706 accident caused by unidentified reason, the pilot increased pitch abruptly and overrode the control from the autopilot. The result of this process made the death of a flight attendant and some injuries of a few passengers. The district court found the pilot not guilty at the first trial on the ground that the control override was not connected to the possibility of foresight and avoidance of the human death. The pilot was proved to be innocent through the analysis of the DFDR and ADAS that the override did not precede the unidentified pitch up motion. The judicial precedent related to aviation accidents in Korea requires pilots' absolute and extended care compared to the ordinarily prudent or reasonably careful behaviors in the vehicle and medical accidents. Although there is some controversy about the standard care, the care required in the actual operation of high tech aircraft by a pilot should include objective and standard care and be judged by analysis of the scientific data. Although the pilot maintained the unusual hi speed that doesn't have safety margin and descended under turbulence in case of the JAL 706 accident, the court negatived its relation to the cause of pitch up. Also, the override of the control after initial pitch up might have caused the possibility of the death and injury, but the court denied it. Because of this complex cause of the aviation accidents, it is important for a court to figure out the core reason of the event and casual relationship with the pilot Now, It is required that the judgement of negligence in the aviation accidents should include an objective care with scientific data from simulated circumstances(or a simulator) as the Japanese court not from the theory of vehicle's negligence.

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Development and Validation of Urea- SCR Control-Oriented Model for NOX and NH3 Slip Reduction (NOX 및 NH3 Slip 저감을 위한 Urea-SCR 제어기반 모델 개발 및 검증)

  • Lee, Seung Geun;Lee, Seang Wock;Kang, Yeonsik
    • Transactions of the Korean Society of Mechanical Engineers B
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    • v.39 no.1
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    • pp.1-9
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    • 2015
  • To satisfy stricter $NO_X$ emission regulations for light- and heavy-duty diesel vehicles, a control algorithm needs to be developed based on a selective catalytic reaction (SCR) dynamics model for chemical reactions. This paper presents the development and validation of a SCR dynamics model through test rig experiments and MATLAB simulations. A nonlinear state space model is proposed based on the mass conservation law of chemical reactions in the SCR dynamics model. Experiments were performed on a test rig to evaluate the effects of the $NO_X$ and $NH_3$ concentrations, gas temperature, and space velocity on the $NO_X$ conversion efficiency for the urea-SCR system. The parameter values of the proposed SCR model were identified using the experimental datasets. Finally, a control-oriented model for an SCR system was developed and validated from the experimental data in a MATLAB simulation. The results of this study should contribute toward developing a closed-loop control strategy for $NO_X$ and $NH_3$ slip reduction in the urea-SCR system for an actual engine test bench.

Experimental Study on the Shear Strength Characteristics of the Saturated Sand (포화(飽和)모래의 전단강도특성(剪斷强度特性)에 관(關)한 실험적(實驗的) 연구(研究) -대구지역(大邱地域) 낙동강(洛東江) 모래에 대해-)

  • Kim, Young Su;Seo, In Shik;Kim, Byoung Tak
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.14 no.6
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    • pp.1417-1431
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    • 1994
  • In this study, shear strength characteristics of the Nak-Dong river sand in Taegu area are investigated by triaxial compression test, considering shear strain control velocity, relative density, and confining pressure. The results from Lade model and Modified Lade model are compared with the measured value in the laboratory test. The results by the change of shear strain control velocity, relative density, and confining pressure are as follows; 1) The stress limit, which can be Coulomb's law about the Nak-Dong river sand, have ranged 120~200 kpa at 0.08%/min and 120~150 kpa at 0.5%/min. These limits are smaller than that of the calcareous sand and the well-graded, quartz sand. 2) The parameters needed to Lade model and Modified Lade model are much affected by the strain control velocity and the relative density. Consequently, in the field, it is important to use parameters aptly after accurately understanding both the loading condition and subsoil condition. 3) Overall, the principal stress ratio obtained from constitutive model equations is not affected by the control velocity, but both the relative density and confining pressure affect the result of constitutive model equations. Consequently, the study on the various conditions about the relative density and confining pressure is needed to accurately predict the stress-strain behavior on the Nak-Dong river sand. 4) For the range of the used confining pressure in the study, the Lade model shows better agreements with the measured value than the Modified Lade model, comparing the measured value with the principal stress ratio at failure and the internal friction angle of failure envelope obtained from the Lade model and Modified Lade model.

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Change of Skin Temperature of Workers Using Vibrating Tools in Anthracite Mines (진동공구 사용근로자의 피부온도 변화)

  • Roh, Jae-Hoon;Moon, Young-Hahn;Shin, Dong-Chun;Cha, Bong-uk;Cho, Soo-Nam
    • Journal of Preventive Medicine and Public Health
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    • v.21 no.2 s.24
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    • pp.357-364
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    • 1988
  • By implementing epoch-making policies for industrial promotion, the national economy has made a remarkable development. As a result of such economic growth, industrial accidents and occupational diseases have become a serious problem in Korean society. In the presidential order for the execution of the Korean Labor Standard Law, neuritis and other diseases stemming from health impairments due to vibrations in industrial processes are designated to be dealt with as vibration diseases. In the case of vibration disease, industrial accident compensation is not effectively paid. In order to investigate the vibration hazards of rock-drill operation, the authors studied the subjective symptoms and performed physical function tests on a total of 79 persons (vibration exposed group) who used rock-drills, and 39 persons (control group) who did not use rock-drills at anthracite mines. The results of the physical function test were as follosws : 1. The right hand was more affected by white finger than the left hand. 2. Independent variables such as duration of rock-drill operation, age, drinking and smoking were indentified as statistically significant factors for the occurrence of white finger. 3. In the pain sense threshold, the group with Raynaud's phenomenon showed a statistically higher level than that of the control group. 4. The skin temperature of the group with Raynaud's phenomenon was lower than that of the control group. The recovery time of skin temperature aftr cooling was delayed compared with the value of the control group.

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Sequential sampling method for monitoring potato tuber moths (Phthorimaea operculella) in potato fields

  • Jung, Jae-Min;Byeon, Dae-hyeon;Kim, Eunji;Byun, Hye-Min;Park, Jaekook;Kim, Jihoon;Bae, Jongmin;Kim, Kyutae;Roca-Cusachs, Marcos;Kang, Minjoon;Choi, Subin;Oh, Sumin;Jung, Sunghoon;Lee, Wang-Hee
    • Korean Journal of Agricultural Science
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    • v.47 no.3
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    • pp.615-624
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    • 2020
  • An effective sampling method is necessary to monitor potato tuber moths (Phthorimaea operculella) because they are the biggest concern in potato-cultivating areas. In this study, a sequential sampling method was developed based on the results of field surveys of potato tuber moths in South Korea. Potato tuber moths were collected in fields cultivating potatoes at six sites, and their spatial distribution was investigated using the Taylor power law. The optimal sampling size and cumulative number of potato tuber moths in traps to stop sampling were determined based on the spatial distribution pattern and mean density of the collected potato tuber moths. Finally, the developed sampling method was applied to propose a control action, and its sampling efficiency was compared with that of the traditional sampling method using a binomial distribution. The potato tuber moths tended to aggregate; the optimal number was approximately 5 - 16 traps for sampling, and the number varied with the mean density of potato tuber moths according to the sampling sites. In addition, one, two, and three sites might require the following actions: Continued sampling, control, and no control, respectively. Sampling with the binomial distribution showed the minimum sample size was 12 when considering the economic threshold level. Here, we propose an effective sampling method that can be applied for future monitoring and field surveys of potato tuber moths in South Korea.

Measuring Circuit Design of RI-Gauge for Compaction Control (성토시공관리용 방사성 동위원소 이용계기의 측정회로설계)

  • Kil, Gyung-Suk;Song, Jae-Yong;Kim, Ki-Joon;Whang, Joo-Ho;Song, Jung-Ho
    • Journal of Sensor Science and Technology
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    • v.6 no.5
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    • pp.385-391
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    • 1997
  • An objection of this study is to develop a measuring circuit of a gauge using radioisotope for compaction control. The gauge developed in this study makes use of radioisotope with the activity exempted from domestic atomic law and consists of measuring circuits for gamma-rays and thermal neutrons, a high voltage supply unit, and a microprocessor. To obtain meaningful numbers of pulse counts, parallel five and two circuits are provided for gamma-rays and thermal neutrons, respectively. Being simple in electrical characteristics of G-M detector for gamma-rays, pulses are counted through only a shaping circuit. Very small pulses generated from He- 3 proportional detector for thermal neutrons are amplified to the maximum of 50 [dB] and a window comparator accepts only pulses with meaning. To minimize effects of natural environmental radiation and electrical noise, circuits are electrostatically shielded and pulses made by ripples are eliminated by taking frequency of high voltage supplied to the circuit and pulse height of ripples into consideration. One-chip microprocessor is applied to process various counts, results are stored and the gauage is made capable to communicate with PC. Enough and meaningful numbers of pulses are counted with the prototype gauage for compaction control.

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A Study on the Improvement of the Disaster Prevention and Control System for Underpasses by Analytic Hierarchy Process (계층분석법을 통한 지하차도 재해 예방 및 제어 시스템 개선 연구)

  • Kim, Phil Do;Kim, Kyoung Soo;Moon, Yoo Mi
    • Journal of the Society of Disaster Information
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    • v.16 no.4
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    • pp.734-746
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    • 2020
  • Purpose: Increase in the size and number of underpasses rises occurrence of disasters such as fire and flooding inundation in underpasses. In the occurrence of disasters, the underpasses are more vulnerable to expose of crucial disasters than the general roads due to they are built underground. Therefore, The purpose of this paper is to derive system improvement items to prevent and control disasters in underpasses. Method: A hierarchical model of disaster impact factors and alternatives was developed based on prior researches and expert advices on disaster analyses and impact factors in the underpasses. The developed model was employed for surveys of pairwise comparison, and rankings of improvement were determined by applying the AHP method. Result: With a consistency of the surveys, results of relative weights of evaluation criteria(traffic accidents, fire, flooding inundation) and alternatives(law, system/planning, maintenance/human factor/environment) shows that improvement of laws and system related to the fire disaster is a top priority to prevent and control disaster of the underpasses. Conclusion: From experts' point of view, strengthening laws and systems related to disater prevention facilities such as water spray facilities, external(ground) exit in relation to fire in underpasses showed that it is an alternative to prevent disasters and minimize damage to underpasses.

A Study on the Use of Police Force in the Public Assembly: Focused on the Vehicle-wall-blocking and water cannon (집회현장에서의 경찰의 물리력 사용현황과 개선방안: 차벽과 물포 사용을 중심으로)

  • Hwang, Mun-Gyu
    • Korean Security Journal
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    • no.50
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    • pp.307-337
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    • 2017
  • The freedom of assembly is the fundamental freedoms guaranteed by the Constitution. However, as far as our reality is concerned, the freedom of assembly is guaranteed only when it is under the control of the police, and otherwise it is perceived as an object to be suppressed. Police say even that they will not tolerate even a small illegal law while referring to the "broken window theory". Therefore, regardless of the peaceful nature of the rally, it is too obsessed with 'compliance'. This attitude is causing the citizens who participated in the assembly to be put to the object to be suppressed. This paper analyzes the requirements and current status of police force, focusing on the vehicle-wall-blocking and water cannon as a means of using the police force, which is a recent problem, and suggests ways to improve it. First of all, the installation of the wall cuts off the essential communication function of the assembly by separating the meeting place from the object of protest. Thus, despite the warning for prevention in the face of illegal acts, other than installing a barrier, it should be allowed only in the 'urgent case where there is a risk of causing damage to the life, body or property of the person'. Without this urgency, the vehicle-wall-blocking should not be allowed to be proactive as well as preventive. Secondly, the water cannon is a police force that is likely to harm people's life and body. Therefore, aiming shots, which could pose a significant risk to the human body, should in principle be prohibited. However, considering its risk, it should be supplementary used only when there is no other alternative, only when the direct risk to the legal interest of the other person or the order of public well-being is 'obvious'. In addition, as for the use standard of such a thing, it is necessary to be specified by law.

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