• Title/Summary/Keyword: damage of concrete

Search Result 2,077, Processing Time 0.031 seconds

Passenger's Right to Compensation in relation to Delayed Flights - From the perspective of EU case law - (운항지연에 따른 승객의 보상청구권 - EU 및 프랑스 판례를 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.30 no.2
    • /
    • pp.249-277
    • /
    • 2015
  • Regulation (EC) No 261/2004 ("Regulation") is a common rule on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. In some recent cases of European nations, passengers sued the air carrier in order to obtain monetary compensation under Article 7(1) of the Regulation. Some courts dismissed the actions on the grounds that, unlike denied boarding or cancellation of the flight, the Regulation provides no compensation in relation to delayed flights. However, Court of Justice of the European Union(CJEU) ruled that Regulation 261/2004 must be interpreted to mean that passengers whose flights are delayed have a right to compensation in cases when the loss of time is equivalent to, or is in excess of three hours - where the passengers eventually reached their final destination three hours or more later than the originally scheduled arrival time. It is true that a strict interpretation of the regulation would suggest that passengers whose flight has merely been delayed are not entitled to compensation. They should only be offered assistance in accordance with the Articles 6 and 9. Nevertheless, the Court recognized the same right to the same compensation for passengers of flights delayed by more than three hours as that explicitly provided for passengers of cancelled flights. On the one hand, the Court bases this ruling on the recitals of the Regulation, in which the legislature links the question of compensation to that of a long delay, while indicating that the Regulations seek to ensure a high level of protection for passengers regardless of whether they are denied boarding or their flight is cancelled or delayed. On the other hand, the Court interprets the relevant provisions of the Regulation in light of the general principle of equal treatment. Furthermore, the Court delivered a ruling that the loss of time inherent in a flight delay, which constitutes an inconvenience within the intention of Regulation No 261/2004 and which cannot be categorized as 'damage occasioned by delay' within the meaning of Article 19 of the Montreal Convention, cannot come within the scope of Article 29 of that convention. Consequently, under this view, the obligation under Regulation No 261/2004 intended to compensate passengers whose flights are subject to a long delay is in line with Article 29 of the Montreal Convention. Although the above interpretation of the Court can be a analogical interpretation, the progressive attitude of the Regulation and the view of Court forward to protect passengers' interest is a leading role in the area of international air passenger transportation. Hopefully, after the model of the positive support in Europe, Korea can establish a concrete rule for protecting passengers' right and interest.

A Study on the Change of Materials and Fabrication Techniques of Stone Figures in Royal Tombs of the Joseon Period - Focusing on Shindobi, Pyo-Seok, and Sang-Seok - (조선시대 왕릉 석물의 재료와 제작 방법 변화에 관한 연구 - 신도비와 표석, 상석을 중심으로 -)

  • Cha, Moonsung
    • Korean Journal of Heritage: History & Science
    • /
    • v.52 no.4
    • /
    • pp.56-77
    • /
    • 2019
  • Bi-Seok is a treasure trove of funeral rites and an important cultural asset that can shed light on the historical and social history of calligraphy, but research of the topic is still insignificant. In particular, research on the production method of Bi-Seok remains an unproven field. The production of Bi-Seok can be roughly divided into ma-jeong (refining stone), sculpture, and the Buk-chil (process of engraving letters) process. This article reveals some facts: First, performing ma-jeong to the Sang-Seok, Honyu-Seok, Bi-seok, which are known to be God's things. This process is needed because of the change in the perception of the Honyu-Seok due to the settlement and propagation of Confucian ceremonial rituals in the times of hardship in 1592 and 1636. As the crafting process of ma-jeong did not remain concrete, it was only possible to examine the manufacturing process of Bi-Seok through its materials and tools. Second, the rapid proliferation of Oh-Seok and Sa-jeo-chwi-yong (purchase of things made by private citizens) in the Yeongjo era has great importance in social and cultural history. When the Gang-Hwa-Seok of the commodity were exhausted, the Oh-Seok that was used by Sadebu (upper civil class) were used in the tomb of Jangneung, which made Oh-Seok popular among people. In particular, the use of Oh-Seok and the Ma-Jeong process could minimize chemical and physical damage. Third, the writing method of the Bi-seok is Buk-chil. After Buk-Chil of Song Si-Yeol was used on King Hyojong's tomb, the Buk-Chil process ( printing the letters on the back of the stone and rubbing them to make letters) became the most popular method in Korea and among other East Asian countries, and the fact that it was institutionalized to this scale was quite impressive. Buk-Chil became more sophisticated by using red ink rather than black ink due to the black color that results from Oh-Seok. Fourth, the writing method changes in the late Joseon Dynasty. Until the time of Yeongjo's regime, when inscribing, the depth of the angle was based on the thickness of the stroke, thus representing the shade. This technique, of course, did not occur at every Pyo-Seok or Shindobi, but was maintained by outstanding artisans belonging to government agencies. Therefore, in order to manufacture Bi-Seok, Suk-seok, YeonJeong, Ma-jeong, Jeong-Gan, ChodoSeoIp, Jung-Cho, Ip-gak, Gyo-Jeong, and Jang-Hwang, a process was needed to make one final product. Although all of these methods serve the same purpose of paying respects and propagandizing the great work of deceased persons, through this analysis, it was possible to see the whole process of Pyo-Seok based upon the division of techniques and the collaboration of the craftsmen.

Development of Solar Warehouse for Drying and Storing the Agricultural Products (농산물(農産物) 건조(乾燥) 및 저장(貯藏)을 위(爲)한 태양열(太陽熱) 저장고(貯藏庫)의 개발(開發)에 관(關)한 연구(硏究))

  • Kim, Man Soo;Chang, Kyu Seob;Kim, Soung Rai;Jeon, Byeong Seon
    • Korean Journal of Agricultural Science
    • /
    • v.9 no.1
    • /
    • pp.357-370
    • /
    • 1982
  • Recent concern regarding price and availability of fossil fuels has spurred the interest in alternative sources for farm crop drying. Among the available options such as biomass energy, wind power, nuclear energy and solar energy etc., the increasing attention is being directed to the utilization of heat from solar energy especially for farm crop drying. Even though solar energy is dispersed over a large land area and only a relatively small amount of energy can be simply collected, the advantages of solar energy is that the energy is free, non-polluting. The study reported here was designed to help supply the informations for the development of simple and relatively inexpensive solar warehouse for farm crop drying and storage. Specifically, the objectives of this study were to determine the performance of the solar collector fabricated, to compare solar supplemented heat drying with natural air drying and to develop a simulation model of temperature in stored grain, which can be used to study the effects due to changes in ambient air temperature. For those above objectives, solar collector was fabricated from available materials. Corrugated steel galvanized sheet, painted flat black, was used as absorbers and clear 0.2mm polyethylene sheet was the cover material. The warehouse for rough rice drying and storage was constructed with concrete block, and the solar collector was used as the roof of warehouse instead of original roofing system of it. The results obtained in this study were as follows: 1. The thermal efficiency of the solar collector was average 26 percent and the overall heat transfer coefficient of the collector was approximately $25kJ/hr.m^2\;^{\circ}K$. 2. Solar heated air was sufficient to dry one cubic meter of rough rice from 23.5 to 15.0 percent in 7 days and natural air was able to dry the same amount of rough rice from 20.0 to 5 percent in l2 days. 3. Drying with solar heat reduced the required drying time to dry the same amount of rough rice into a half compared to natural air drying, but overdrying problems of the bottom layer were so severe that these problems should be thoroughly analyzed. 4. Simulation model of temperature in stored grain was developed and the results of predicted temperature agreed well with test results. 5. Based on those simulated temperature, changes in the grain-temperature were a large at the points of the wallside and the damage of the grain would be severe at the contact area of wall.

  • PDF

Estimation of fire Experiment Prediction by Utility Tunnels Fire Experiment and Simulation (지하공동구 화재 실험 및 시뮬레이션에 의한 화재 설칠 예측 평가)

  • 윤명오;고재선;박형주;박성은
    • Fire Science and Engineering
    • /
    • v.15 no.1
    • /
    • pp.23-33
    • /
    • 2001
  • The utility tunnels are the important facility as a mainstay of country because of the latest communication developments. However, the utilities tunnel is difficult to deal with in case of a fire accident. When a cable burns, the black smoke containing poisonous gas will be reduced. This black smoke goes into the tunnel, and makes it difficult to extinguish the fire. Therefore, when there was a fire in the utility tunnel, the central nerves of the country had been paralyzed, such as property damage, communication interruption, in addition to inconvenience for people. This paper is based on the fire occurred in the past, and reenacting the fire by making the real utilities tunnel model. The aim of this paper is the scientific analysis of the character image of the fire, and the verification of each fire protection system whether it works well after process of setting up a fire protection system in the utilities tunnel at a constant temperature. The fire experiment was equipped with the linear heat detector, the fire door, the connection water spray system and the ventilation system in the utilities tunnel. Fixed portion of an electric power supply cable was coated with a fire retardant coating, and a heating tube was covered with a fireproof. The result showed that the highest temperature was $932^{\circ}c$ and the linear heat detector was working at the constant temperature, and it pointed at the place of the fire on the receiving board, and Fixed portion of the electric power supply cable coated with the fire retardant coating did not work as the fireproof. The heating tube was covered with the fireproof about 30 minutes.

  • PDF

Ecological Risk of Alien Apple Snails Used in Environmentally-friendly Agriculture and the Urgent Need for Its Risk Management in Korea (친환경농법용 외래 왕우렁이의 생태위해성 및 위해성 관리의 필요성)

  • Bang, Sang-Weon;Cho, Mi-Kyeoung
    • Korean Journal of Environmental Biology
    • /
    • v.26 no.3
    • /
    • pp.129-137
    • /
    • 2008
  • Alien apple snails (Pomacea canaliculata, Pomacea insularus) used in environmentally-friendly agriculture are different from indigenous snails found in Korea. Due to high herbicidal effects and cost-effectiveness, the number of farmers using the snails has been growing every year since 2000. Moreover, in 2008, because of the outbreaks of avian influenza throughout the country from March to May, 2008, central and local governments recommended the use of alien apple snails in agriculture as an alternative to the ducks-oriented environmentally-friendly agriculture. Therefore, it is expected that the use of alien apple snails in agriculture should be expanded in a near future. Since alien apple snails lay eggs with 95.8% of eclosion rate, they are considered to be potential pests unlike indigenous snails. In addition, Japan, Taiwan and most of the southeast Asian countries had already experienced severe ecological and agricultural damage by the alien apple snails. Subsequently, International Union for Conservation of Nature and Natural Resources (IUCN) designated P. canaliculata as one of "the 100 of the world's worst invasive alien species". It seems highly likely that the alien apple snails in Korea pose a potential threat to conservation of ecosystem and biodiversity since the snails were either found or invaded into the natural environments in some regions of Gangwon-Do and southern parts of Korean Peninsula. However, just recently, agricultural authorities and farmers using alien apple snails in agriculture opposed a proposition of designating the alien apple snails as an ecosystem-disturbing animal described by the Wildlife Protection Act. This is because there has been no concrete evidence of the ecological risk imposed by the alien snails up to now in Korea. Subsequently, in this paper, we analysed the ecological and agricultural risks imposed by the alien snails from the studies done in domestic and abroad. In addition, we proposed an urgent need and reasoning for ecological risk management of the alien snails at the national level as well as using the snails in agriculture.

Studies on the Landslides and Its Control Measures in Anyang Area (안양지역(安養地域)에 있어서 호우(豪雨)에 의(依)한 산사태발생(山沙汰發生)에 관(關)한 실태조사(實態調査)와 예방대책(豫防對策)에 관(關)한 연구(硏究))

  • Woo, Bo Myeong;Yim, Kyong Bin;Lee, Soo Wook
    • Journal of Korean Society of Forest Science
    • /
    • v.39 no.1
    • /
    • pp.1-34
    • /
    • 1978
  • On July 8, 1977, 432mm of precipitation which is the largest daily storm in Korea fell on the city of Anyang where a nearby suburban community of Seoul. Average storm intensities of 90mm per hour were recorded during the period from 1900~2200 hours on this date. Area of landslides triggered by this storm is about 96 hectares resulting from 1,876 places within about 12,600 hectares of the watershed studied. These hazards injured hundreds of human lives and took 122 human lives. Rail and highway systems were disrupted and about 30 hectares of rice paddies were washed away and hundreds of hectares were inundated. About 500 houses were destroyed. The objectives of this study are (a) to describe the problem areas, identifying critical factors causing the landslide hazards including earth and stone-debris avalanches, (b) suggest measures which might enhance the effectiveness of stabilization measures, and (c) also suggest the landslide and flood damage prevention methods from the point view of the upper-watershed conservation techniques in Anyang hollow-basin.

  • PDF

Compensation for Personal Injury and the Insurer's Claim for Indemnity - Focused on the NHIC's Claim for Indemnity - (인신사고로 인한 손해배상과 보험자의 구상권 - 국민건강보험공단의 구상권을 중심으로 -)

  • Noh, Tae Heon
    • The Korean Society of Law and Medicine
    • /
    • v.16 no.2
    • /
    • pp.87-130
    • /
    • 2015
  • In a case in which National Health Insurance Corporation (NHIC) pays medical care expenses to a victim of a traffic accident resulting in injury or death and asks the assailant for compensation of its share in the medical care expenses, as the precedent treats the subrogation of a claim set by National Health Insurance Act the same as that set by Industrial Accident Compensation Insurance Act, it draws the range of its compensation from the range of deduction, according to the principle of deduction after offsetting and acknowledges the compensation of all medical care expenses borne by the NHIC, within the amount of compensation claimed by the victim. However, both the National Health Insurance Act and the Industrial Accident Compensation Insurance Act are laws that regulate social insurance, but medical care expenses in the National Health Insurance Act have a character of 'an underinsurance that fixes the ratio of indemnification,' while insurance benefit on the Industrial Accident Compensation Insurance Act has a character of full insurance, or focuses on helping the insured that suffered an industrial accident lead a life, approximate to that in the past, regardless of the amount of damages according to its character of social insurance. Therefore, there is no reason to treat the subrogation of a claim on the National Health Insurance Act the same as that on the Industrial Accident Compensation Insurance Act. Since the insured loses the right of claim acquired by the insurer by subrogation in return for receiving a receipt, there is no benefit from receiving insurance in the range. Thus, in a suit in which the insured seeks compensation for damages from the assailant, there is no room for the application of the legal principle of offset of profits and losses, and the range of subrogation of a claim or the amount of deduction from compensation should be decided by the contract between the persons directly involved or a related law. Therefore, it is not reasonable that the precedent draws the range of the NHIC's compensation from the principle of deduction after offsetting. To interpret Clause 1, Article 58 of the National Health Insurance Act that sets the range of the NHIC's compensation uniformly and systematically in combination with Clause 2 of the same article that sets the range of exemption, if the compensation is made first, it is reasonable to fix the range of the NHIC's compensation by multiplying the medical care expenses paid by the ratio of the assailant's liability. This is contrasted with the range of the Korea Labor Welfare Corporation's compensation which covers the total amount of the claim of the insured within the insurance benefit paid in the interpretation of Clauses 1 and 2, Article 87 of the Industrial Accident Compensation Insurance Act. In the meantime, there are doubts about why the profit should be deducted from the amount of compensation claimed, though it is enough for the principle of deduction after offsetting that the precedent took as the premise in judging the range of the NHIC's compensation to deduct the profit made by the victim from the amount of damages, so as to achieve the goal of not attributing profit more than the amount of damage to a victim; whether it is reasonable to attribute all the profit made by the victim to the assailant, while the damages suffered by the victim are distributed fairly; and whether there is concrete validity in actual cases. Therefore, the legal principle of the precedent concerning the range of the NHIC's compensation and the legal principle of the precedent following the principle of deduction after offsetting should be reconsidered.

  • PDF