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Interrelationship between the Shipowner's Limitation of Liability and the Coverage of Liability Insurance: Focus on the Judgment of the Supreme Court of Canada in the Realice Case (선주의 책임제한과 책임보험의 보상 간의 상호관계: Realice호 사건에서 캐나다 대법원 판결을 중심으로)

  • Lee, Won-Jeong
    • Journal of Korea Port Economic Association
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    • v.31 no.2
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    • pp.41-53
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    • 2015
  • In Paracomon Inc. v. Telus Communication, Realice's anchor became entangled with a working fiber-optic submarine cable during its voyage and are presentative of the shipowner(the captain) cut the cable. The owner of the cable brought a claim for the repair cost against the shipowner. The shipowner then advanced a third party claim against a liability insurance underwriter. The Supreme Court of Canada (SCC) held that the shipowner was entitled to limit its liability under the 1976 Convention on the Limitation of Liability for Maritime Claims. The SCC also ruled that even though the misdeed of the shipowner was insufficient to break its right to limitation of liability, its wrongdoing constituted willful misconduct under the 1993 Canada Marine Insurance Act, allowing the underwriter to deny coverage for the incident. Thecasewasthefirsttoaddresstheinterrelationship between the shipowner's right to limit liability under the international convention regime and the availability of liability insurance with respect to such limited liability. This study analyzes the reasoning behind the SCC's judgment and evaluates the appropriateness of this court's decision based on the current maritime industry as well as prevailing maritime law. It concludes that the SCC's decision to declare that the shipowner retained the right to limit its liability is appropriate under the Limitation Convention (1976). However, its declaration that the liability insurer was discharged from liability is not correct in due consideration of the common recognition in the maritime industry, the intended purpose of a third party's right against the liability insurer, and the adoption process of the conduct barring limitation. Based on the SCC's decision, this study finally reviews the issue of the shipowner's right to limit and the coverage of the liability insurer in the Sewol case (2014).

Effects of Shading and Nitrogen Fertilization on Yield and Accumulation of NO3- in Edible Parts of Chinese Cabbage (차광정도(遮光程度) 및 질소시비량(窒素施肥量)이 배추 수량(收量)과 가식부위(可食部位)의 NO3- 집적량(集積量)에 미치는 영향(影響))

  • Soh, Sang Mok;Oh, Kyung Seok;Lee, Jang Seok
    • Korean Journal of Soil Science and Fertilizer
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    • v.28 no.2
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    • pp.154-159
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    • 1995
  • In order to find out the effects of shading and nitrogen fertilizer on $NO_3^-$ accumulation in the edible parts of chinese cabbage, Cutivar, "Seoul", was cultivated in the pots under glasshouse condition with different rates of shading(0, 15, 30, 50, 75%) and nitrogen fertilization(recommended level, and double rate of recommended level). Leaf length, leaf width, yield (leaf weight), root width and root weight in the 15% shading rate showed the highest value, but decreased in the over 30% shading rates. The highest yield showed in the plot of the 15% shading rate with double rate application of recommended N level. High rate of shading increased the $NO_3^-$ accumulation, especially in midrib and outer leaf compared to leaf blade and inner leaf, respectively. The average $NO_3^-$ accumulation of edible parts of chinese cabbage are $4,872mg\;kg^{-1}$(outer midrib), $2,363mg\;kg^{-1}$(inner midrib), $1,405mg\;kg^{-1}$(outer leaf blade) and $727mg\;kg^{-1}$(inner leaf blade). $NO_3^-$ accumulation of outer midrib in the plots of double application of recommended N level were no difference between shading rate containing $5,000{\sim}6,000mg\;kg^{-1}$ $NO_3^-$, while in the plots of recommended N level it was increased by elevating shading rate. It was concluded that overuse of nitrogen fertiliration for chinese cabbage in glasshouse condition might lead to increase $NO_3^-$ accumulation. It could be advisable to cut out both the out leaf blade and outer midrib which might accumulate the high concentration of $NO_3^-$ before consumption.

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Micromorphological and Mineral Characteristics of the Jang-won Series which have Fragipan in the soil Profile (경반층 토양인 장원통의 미세형태학적 및 광물학적 특성)

  • Moon, Yong-Hee;Zhang, Yong-Seon;Chun, Hyen-Chung;Sonn, Yeon-Kyu;Hyun, Byung-Keun;Park, Chan-Won;Song, Kwan-Cheol
    • Korean Journal of Soil Science and Fertilizer
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    • v.44 no.5
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    • pp.916-921
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    • 2011
  • This study was carry out on a Jang-Won series (fine loamy, mixed, mesic family of typic fragipan) that were established and classified as a fragipan soil in Korea. The morphological, physical, chemical and minerals characteristics of Jang-Won series were studied to determine the genesis of fragipan soils in natural environment. Each sample was analyzed for its physical, chemical and mineralogical characteristics. The particle size distribution of samples was measured using pipette method. Clay minerals were investigated on parallel-oriented specimens of the clay fraction ($<2{\mu}m$) from each horizon, separated by sieving and centrifugation, using X-ray diffraction (XRD) analysis. Micromorphological observations were made on thin sections prepared from soil blocks impregnated with Crystic Resin, cut and ground to less than $30{\mu}m$ in thickness, and finally polished with diamond paste. Most horizons have pH values in the range of fewer than 5.0 and have very low base-saturation values. Their textural classification ranges from silt loam to loam, the lower horizons being the finer. The clay fraction revealed the occurrence of illite, kaolinite, chlorite and vermiculite. The micro-morphological analysis carries out thin sections from each soil profile. The silt concentrations occur as extremely dense and homogenous bands or zones of silt-sized materials, brownish in colour in plane-polarized light and anisotropic in cross-polarized light, surrounding or adhering to skeleton grains. The genesis of fragipan in the Jangweon series assumed composition of clay fraction rather than silt concentration. Therefore, this results suggested an authentic interpretation which Jangweon series is classification as Typic Fragiochrepts.

The Effect of Different Membranes on the Performance of Aqueous Organic Redox Flow Battery using Methyl Viologen and TEMPOL Redox Couple (다양한 멤브레인을 적용한 메틸 바이올로겐과 템폴 활물질 기반 수계 유기 레독스 흐름 전지 성능 평가)

  • Park, GyunHo;Lee, Wonmi;Kwon, Yongchai
    • Korean Chemical Engineering Research
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    • v.57 no.6
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    • pp.868-873
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    • 2019
  • In this study, the evaluation of performance of AORFB using methyl viologen and TEMPOL as organic active materials in neutral supporting electrolyte (NaCl) with various membrane types was performed. Using methyl viologen and TEMPOL as active materials in neutral electrolyte solution, the cell voltage is 1.37V which is relatively high value for AORFB. Two types of membranes were examined for performance comparison. First, when using Nafion 117 membrane which is commercial cation exchange membrane, only the charge process occurred in the first cycle and the single cell couldn't work because of its high resistance. However, when using Fumasep anion exchange membrane (FAA-3-50) instead of Nafion 117 membrane, the result was obtained as the totally different charge-discharge graphs. When current density was $40mA{\cdot}cm^{-2}$ and cut off voltage range was from 0.55 V to 1.7 V, the charge efficiency (CE) was 97% and voltage efficiency (VE) was 78%. In addition, the discharge capacity was $1.44Ah{\cdot}L^{-1}$ which was 54% of theoretical capacity ($2.68Ah{\cdot}L^{-1}$) at $10^{th}$ cycle and the capacity loss rate was $0.0015Ah{\cdot}L^{-1}$ per cycle during 50 cycles. Through cyclic voltammetry test, it seems that this difference in the performance between the full cell using Nafion 117 membrane and Fumasep anion exchange membrane came from increasing resistance due to chemical reaction between membrane and active material, not the capacity loss due to cross-over of active material through membrane.

Destruction of the Dignified Object Called Man in María Luisa Bombal and Kim Chaewon's Works (마리아 루이사 봄발과 김채원의 작품에 나타나는 숭고한 남성이라는 대상의 붕괴)

  • Choi, Eun-kyung
    • Cross-Cultural Studies
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    • v.53
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    • pp.103-130
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    • 2018
  • The Chilean female writer María Luisa Bombal (1910 - 1980)'s "El ${\acute{a}}rbol$" (The Tree) (1939) tells the process of Brigida's epiphany. Brigida first tried to gain her father's love and failed, and later her husband's love and failed, then tried to substitute that love from men with solace from a tree. At the end of the novel, the epiphany occurs when the tree is cut down. In the present work, I explain the meaning of Brigida's epiphany, by comparing this Chilean short story with the Korean female writer Kim Chaewon(1946 - )'s "Trick of Water: A Kiss with Nothing" (2015). In this Korean short story, Kim insists that a woman who tries to find comfort in life through love with a man is destined to fail. I also examine the errors of the female characters' behaviors in these two short stories that led them to their self-destruction, trying to modify their behaviors in order to be loved by a man and their tendency to consider the man as everything in their life, and not as a part of their life. In order to explain the fated failure of finding comfort in life in the love of a man, I analyze the fleeting characteristic of acquiring an object of desire using Jacques Lacan's "Theory of Desire" and "The Destruction of the Elevated Object into the Dignity of the Thing." Thus, I conclude that women need to acknowledge that comfort in life cannot be found in the love of a man and that they should stop confining themselves to this fictitious characteristic of the dignified object called man.

A Study on the Space Organization and Garden Language of Mongsimjae in Namwon (남원 몽심재(夢心齋)의 정원구성과 조형언어 해석)

  • Rho, Jae-hyun;Choi, Yung-hyun;Shin, Sang-sup
    • Korean Journal of Heritage: History & Science
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    • v.47 no.1
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    • pp.32-45
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    • 2014
  • In this study, the characteristics of Mongsimjae in Namwon-si, Jeollabuk-do have been researched focusing on the writings engraved in huge stones and rocks of pavilion standing beside a lotus pond and its formative languages in the garden has been interpreted as follows. Name of pavilion(堂號) Mongsimjae(夢心齋) includes a classical scholar's spirit, refusing to serve two kings and homecoming after resignation from a government office(歸去來) of Songam(松菴) Park Moonsu(朴門壽), an ancestor who has brought to the Juksan(竹山) Park's family again. A pavilion standing beside a lotus pond(蓮塘) built in the reception garden is a gardening facility symbolizing 'Yeondang(蓮堂)' Park Dongsik(朴東式) who built Mongsimjae. The bamboo hill connected to the backyard seems to be relevant to 'Juksan', the family clan of Mongsimjae's owner and this kinds of intention can be found in the bamboos in the outer garden naturally led to inside the garden through the flower beds. The purpose for the western arrangement of the main building and gate contrary to the 'chukjwamihyaug'(丑坐未向; a direction toward to the south-southwest) of the prospect of Sarangchae(guesthouse) is interpreted to naturally attract people's eyes to the pavilion standing beside a lotus pond and to mitigate the sense of closure resulting from the huge stones located in the reception garden. Also the writing engraved in the three huge stones, 'Jonsimdae(存心臺)', implies that it is a place where was selected with heart by Juksan Park family who settled down in Homsil, Namwon after 'Haengchon(杏村) Park Jaryang(朴子良)' in Yiphyangjo(入鄕祖), Namwon and 'Jeongwa(靖窩)' is interpreted as a signature representing that it is the most comfortable house where Jeongwa Park Haechang(朴海昌: 1876~1933), the third owner of Mongsimjae, has lived. The pavilion standing beside a lotus pond of the 'Bangjibangdo(方池方島; square pond and square island)' type has no lotus for now and waterside cornerstones roughly piled with broken stones naturally mitigate the slope. There are two water inflows gathering rainwater in the reception garden other than the water inflow of valley and the upper-side water inflow was built using a high waterfall method. The middle island cut into a square was designed to use in two ways, as 'island' or 'steppingstone', according to the water level and the old name of the pavilion standing beside a lotus pond was revealed as 'Cheonundam(天雲潭)' from the engraved writing located in the side of the middle island. In addition, 'Imni(臨履)', engraved writing in the finishing stone of waterside by citing a line of 'Sigyeong(詩經)', implies 'Be a upright classical scholar who pays close attention to one's own behaviors' and 'Jeongchuk(渟?)' is interpreted as a message that desires the eternal staying of the Juksan Park family's wealth. Ultimately, the writings engraved in the huge stones and rocks of the pavilion standing beside a lotus pond are interpreted as a symbol language that wishes the heaven protects and maintains the wealth of the Juksan Park family who is the owner of Mongsimjae.

Name Review, and Production Method of Pyeongjeongmo, Housed by the National Palace Museum of Korea (국립고궁박물관 소장 평정모(平頂帽)의 명칭 검토와 제작방법)

  • Lee, Eun-Joo;Jin, Duk-Soon;Lee, Jeong-Min
    • Korean Journal of Heritage: History & Science
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    • v.51 no.2
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    • pp.4-21
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    • 2018
  • This paper reviewed the legitimacy of the name of those sixteen pieces of hat artifacts known in Korean as pyeongjeongmo and currently housed by the National Palace Museum. This was undertaken in order to rectify the error of calling them pyeongjeongmo. Also, the paper suggested pyeongjeongmo's production method to apply representation of the artifacts or production of Joseon officials' hats as representation of ritual costumes in the royal court. The name pyeongjeongmo originated from pyeongjeonggeon. Gyeongguk Daejeon recorded that noksas wore yugak-pyeongjeonggeon and seoris wore mugak-pyeongjeonggeon, but the pyeongjeongmo artifacts housed in the National Palace Museum have been found irrelevant to those pyeongjeonggeons put on by both noksas and seoris. Rather, they has been confirmed as corresponding to dugeon or jogeon worn by byeolgams or suboks who served at the palace of the crown prince or princess. Through the investigation of the artifacts, the researchers could find out the tailoring and sewing methods, the finished look, and the folding manner of pyeongjeonggeon. Although the structure of pyeongjeonggeon was generally consistent, the frontal look was slightly different depending on the folding manner, resulting in three distinguished types of pyeongjeonggeon. Regardless, the pyeongjeongmo was made with one piece of fabric by a flat tailoring and folding method to create a three-dimensional hat. The finished shape appeared low in the front and high in the back side structure. The head girth was 55~59 cm, and the height was 19.4~21.5 cm. To make it with one piece of fabric, the head girth part was tailored in the same direction as the strands. Based on the artifact Changdeok 23820, this paper has also suggested a finished reproduction through the processes of preparing the materials, mounting, making the center ornaments, sewing and folding. The tailoring was completed with black silk fabric which was cut in a unique shape designed in advance, and hemp fabric which was mounted to the former. The top part of the head was finished with black threads, and the center line at the back was fixed with decolored cotton threads by blanket stitches with 3.5~4 cm intervals. Bamboo strands were inserted in the inside of the front-folded part, which then was fixed by patterned stitches with white cotton thread. At the back, a small bamboo clasp was attached so that one can lock it to the headband and prevent it from falling off.

The Emergence of Wooden Chamber Tombs with Stone Mound and the Changing Nature of Tombs at the Wolseong North Burial Ground of Gyeongju in the Early Silla Phase (신라 전기 적석목곽분의 출현과 경주 월성북고분군의 묘제 전개)

  • Choi, Byung Hyun
    • Korean Journal of Heritage: History & Science
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    • v.49 no.3
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    • pp.154-201
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    • 2016
  • During the Incipient and Early Silla phases, which witnessed the establishment and development of the ancient Silla state, the Wolseong North Burial Ground functioned as not only the central burial ground in the Gyeongju region of the capital of Silla but also as the central burial ground of the whole Silla state. Wolseong North Burial Ground is where transformations in Silla funerary architecture first occurred. As such, an empirical study of the tombs constructed at this burial ground can be regarded as a starting point from which an understanding of the development of the tomb culture of the Silla state may be achieved. This paper therefore aims to examine the changing nature of the tomb culture of the Early Silla phase through the burial data of Wolseong North Burial Ground and the Gyeongju region. Wooden chamber tombs were constructed from the late phase of Saroguk. At Wolseong North Burial Ground, which eventually developed into the central burial ground of the Gyeongju region, wooden chamber tombs embellished with stone packing emerged during the Incipient Silla phase; wooden chamber tombs with stone mounds, on the other hand, first appeared in the Early Silla phase and eventually became established as the central tomb type. A key difference between the wooden chamber tomb embellished with stone packing and the wooden chamber tomb with stone mound is that, in the case of the latter, stones were packed not only around sides of the wooden structure that acted as the burial chamber but also on top of this structure. The addition of a high earthen mound surrounded by protective ring of stones is another distinctive feature of the latter, presenting a contrast to the low mound of the former. During the Early Silla phase, two types of wooden chamber tombs with stone mounds were constructed at Wolseong North Burial Ground: those with burial chambers located above ground and those with subterranean burial chambers. Also constructed during this phase were the wooden chamber tomb embellished with packed stones, the wooden chamber tomb embellished with packed clay, simple earth cut burials, which had been used since the Incipient Silla phase, as well as the stone-lined burials with vertical entrance which first appeared in the Early Silla phase. However, of these different types of burials, it was only the wooden chamber tomb with stone mound that was covered with a 'high mound.' Differentiation between the different tomb types can also be observed in terms of location, type of burial chamber used, construction method, and tomb size. It is therefore possible to surmise that stratification between the different tomb types, which first emerged in the Incipient Silla phase, became intensified during the Early Silla phase.

The Life Experiences of the Deaf Elderly (농아노인의 생활 경험)

  • Park, Ina;Hwang, YoungHee;Kim, Hanho
    • 한국노년학
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    • v.36 no.3
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    • pp.525-540
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    • 2016
  • The purpose of this study was to investigate what kind of experiences the deaf elderly would have in the course of life. It also aimed to promote the understanding of their living difficulties and culture among people with normal hearing and provide basic data to help them live with others as members of the community. Phenomenological qualitative research was conducted as part of the methodology. The subjects include seven deaf old people. Based on the results of in-depth interview and analysis, the life experiences of the deaf elderly were categorized into "unforgettable wounds," "life in the community," "life with the family," "marriage of the deaf elderly", and "living by adjusting to reality." First, the subcategories of "unforgettable wounds" include "receiving no treatment for fever," "damage by the Korean War," "alienation from the family," and "people's cold eyes." It turned out that the deaf elderly had led a life, suffering from the heart wounds that they could not forget. Second, the subcategories of "life in the community" include "inconvenience in life," "disadvantages in life," and "severed life." The deaf elderly were not only subjected to inconvenience and disadvantages in life, but also suffered loneliness, being cut off from the community. Third, the subcategories of "life with the family" include "not communicating with children," "being abandoned again," "being used by the family," "being lonely even with the family," and "wishing to live independently from the family." The deaf elderly were not supported by their families and were abandoned or used by them, leading a solitary life. Fourth, the subcategories of "marriage of the deaf elderly" include"send as a surrogate mother," "frequent remarriage and divorce," "lean on as a married couple." Deaf elderly form their own culture of the marriage and lean on each other. Finally, the subcategories of "living by adjusting to reality" include "getting help from neighbors," "behaving oneself right in life," "learning Hangul," "living by working," "living freely," "living by missing," and "controlling the impulse to end life," "resorting to religion." The deaf elderly made the most alienated and vulnerable group with no access to benefits due to their limitations as a linguistic and social minority, but they made efforts to form their own culture and adjust to reality for themselves. Based on those findings, the study made the following proposals: first, there is a need for practical approaches to heal the ineffaceable wounds in the hearts of deaf elderly. Second, there is a need for policies to help them experience no inconvenience and disadvantages as members of community and communicate with people with normal hearing. Third, there should be practical approaches to enable them to get recognition and support from their families and share love with them. Finally, there should be practical policy approaches to help people with normal hearing understand the culture of deaf elderly and assist the deaf elderly to receive supports from the community and live with others within the community.

Applied Technologies and Effects for the Carbon Zero Office Building (업무용 탄소제로건물의 적용기술 및 효과)

  • Lee, Jae-Bum;Hong, Sung-Chul;Beak, Name-Choon;Choi, Jin-Young;Hong, You-Deog;Lee, Suk-Jo;Lee, Dong-won
    • Journal of Climate Change Research
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    • v.2 no.4
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    • pp.283-295
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    • 2011
  • Many actions against climate change have been taken to reduce greenhouse gases (GHGs) emissions at home and abroad. As of 2007, the GHGs emitted from buildings accounted for about 23 % of Korea's total GHGs emission, which is the second largest GHG reduction potential following industry. In this study, we introduced Carbon Zero Building (CZB), which was constructed by the National Institute of Environmental Research to cut down GHGs from buildings in Korea, and evaluated the main applied technologies, the amount of energy load and reduced energy, and economic values for CZB to provide data that could be a basis in the future construction of this kind of carbon-neutral buildings. A total of 66 technologies were applied for this building in order to achieve carbon zero emissions. Applied technologies include 30 energy consumption reduction technologies, 18 energy efficiency technologies, and 5 eco-friendly technologies. Out of total annual energy load ($123.8kWh/m^2$), about 40% of energy load ($49kWh/m^2$) was reduced by using passive technologies such as super insulation and use of high efficiency equipments and the other 60% ($74.8kWh/m^2$) was reduced by using active technologies such as solar voltaic, solar thermal, and geothermal energy. The construction cost of CZB was 1.4 times higher than ordinary buildings. However, if active technologies are excluded, the construction cost is similar to that of ordinary buildings. It was estimated that we could save annually about 102 million won directly from energy saving and about 2.2 million won indirectly from additional saving by the reduction in GHGs and atmospheric pollutants. In terms of carbon, we could reduce 100 ton of $CO_2$ emissions per year. In our Life Cycle Cost (LCC) analysis, the Break Even Point (BEP) for the additional construction cost was estimated to be around 20.6 years.