• Title/Summary/Keyword: damages

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Damage inspection and performance evaluation of Jilin highway double-curved arch concrete bridge in China

  • Naser, Ali Fadhil;Zonglin, Wang
    • Structural Engineering and Mechanics
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    • v.39 no.4
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    • pp.521-539
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    • 2011
  • Jilin highway concrete bridge is located in the center of Jilin City, which is positioned in the middle part in Jilin Province in the east north of China. This bridge crosses the Songhua River and connects the north and the south of Jilin City. The main purpose of damages inspection of the bridge components is to ensure the safety of a bridge and to identify any maintenance, repair, or strengthening which that need to be carried out. The damages that occur in reinforced concrete bridges include different types of cracks, scalling and spalling of concrete, corrosion of steel reinforcement, deformation, excessive deflection, and stain. The main objectives of this study are to inspect the appearance of Jilin highway concrete bridge and describe all the damages in the bridge structural members, and to evaluate the structural performance of the bridge structure under dead and live loads. The tests adopted in this study are: (a) the depth of concrete carbonation test, (b) compressive strength of concrete test, (c) corrosion of steel test, (d) static load test, and (e) dynamic load test. According to the damages inspection of the bridge structure appearance, most components of the bridge are in good conditions with the exception arch waves, spandrel arch, deck pavement of new arch bridge, and corbel of simply supported bridge which suffer from serious damages. Load tests results show that the deflection, strain, and cracks development satisfy the requirements of the standards.

A Study on the Estimation of Remaining Fisheries Damages Considering the Recovery Periods of Fisheries Resource after the Completion of Undertaking Yeongsan River Project (영산강 살리기 사업 이후의 자원회복기간을 고려한 잔존어업피해추정에 관한 연구)

  • Choo, Hyun-Gi;Jo, Mun-Kwan;Kim, Ki-Soo
    • The Journal of Fisheries Business Administration
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    • v.51 no.4
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    • pp.1-18
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    • 2020
  • The paper aims to explore existence and degree of remaining fisheries damages after the completion of undertaking the Four Major Rivers Project focusing on the case of Yeongsan river. The paper seeks to show the necessity of consideration of periods of fishery resources recovery in the estimation of ex-post fisheries damages of the project by inferring the analysis of the annual variation of environmental indicators in the river. Therefore, the paper suggests three years of remaining periods of fisheries damages of the project utilizing the variation trend of ex-ante and ex-post annual output data of inland fisheries in Jeonnam province and individual catch of fisheries. In the measurement of the annual degree of fisheries damages during periods of fishery resources recovery, the paper attempts to suggest the method of comparision of day catch data per vessel between ex-ante and ex-post periods of the project, which were investigated by the same institute. Here the paper tries to make correction of ex-post catch data for holding the same catching condition as ex-ante situation by adopting the concept of competitive intensity of catching which was derived from the decreasing rate of number of fishing households in the area of Yeongsan river.

The Cost of Child Rearing for Wrongful Conception (원치 않은 임신에 대한 아이의 부양비)

  • Bong, Young-Jun
    • The Korean Society of Law and Medicine
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    • v.12 no.2
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    • pp.219-263
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    • 2011
  • "Wrongful conception" is a medical malpractice claim in which the plaintiff is the parent of a normal, healthy infant whose conception was unplanned and unwanted. Medical malpractice in wrongful conception can be the result of a failure to provide informed consent to a patient, failure to properly perform a surgery, or a physician's negligent handling of a patient's problems. In the concrete, wrongful conception cases fall into two categories; those involving pre-conception negligence, such as a failed contraceptive, sterilization or failing of the controlling of embryo-number on the IVF, and those involving post-conception negligence, such as a failure to diagnose a pregnancy or to perform an abortion procedure. In addition, Medical malpractice can be the result of a failure to provide informed consent to a patient. When bad results occur by medical malpractice or failure to provide informed consent to a patient, the range of recovery of damages is decided by a traditional civil liability law. However the calculation of damages for wrongful conception is not easy because the high value of life is included in that case. So many courts opinions in foreign country and Seoul High Court decision in 1996 allow damages for the pregnancy, birthing process and sterilization costs, but refuses to allow damages for child rearing expenses. As to the range of recovery of damages for wrongful conception, one approach says that to allow damages in a suit such as this would mean that the physician would have to pay for the fun, joy and affection which plaintiff will have in the rearing and educating of the plaintiff's baby. To allow such damages would be against the dignity of the baby based on article 10 of the Constitution. However another approach says that damages are recoverable for all expenses related to child birth as well as for child rearing costs. Because the damages that the parents should bear a burden to the tort damage done is not a baby itself but child rearing costs. In other words, although the baby is healthy or not, economic burden of the parents can not be disregard. And denial of compensation for costs of child rearing may invalidate the role of liability law, grant the physician with a exemption certificate of liability. As a result, the medical field of procreation can be easily isolated from a liability of reparation. Therefore, on the liability law like the other medical malpractice action, parents who became pregnant or gave a birth by physician, wrongfully performed sterilization operation, etc. should be compensated for all damages relevant to unplanned and unwanted conception or birth as well as costs of child rearing.

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Evaluation System of Flood Damages using Stream Stage (하천수위에 의한 침수피해 평가 시스템)

  • Kim, Jong-Soon;Lee, Young-Dai;Oh, Kook-Yul
    • Journal of the Korean Society of Hazard Mitigation
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    • v.9 no.1
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    • pp.151-158
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    • 2009
  • Many people have been suffering and loosing their property from inundation due to concentrated rain and massive storm. Although, river banks are strengthened and pumping stations are constructed to protect the life and property of people, the flood damages (disaster)could not be controlled, in fact it is increasing. In USA, CWMS (Corps Water Management System) has very good system of integration of study of rainfall data, computation of stream stage and simulation of flood damages, but there is lack of this type of study and analysis in the domestic context, so we have been facing many difficulties in simulation of flood damages. Therefore, a systematic collecting of data analysis and evaluation of flood damages is necessary. The main objective of this study is to suggest a systematic data collection and evaluation method, which could be useful to prevent the life and property from unusual damages. In this study, the system (Flood Damage Evaluation Model; K-FDEM) is proposed to evaluate the flood damages from rainfall with considering many field parameters.

Favorable Effects of Hyangsayangyi-tang on the Hypothyroidism related Rat Male Reproductive Organ Damages induced by Propylthiouracil (향사양위탕(香砂養胃湯)이 Propylthiouracil로 유발된 Rat 갑상샘기능저하성 웅성 생식기 손상에 미치는 영향)

  • Choi, Hong-Sik
    • The Korea Journal of Herbology
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    • v.28 no.6
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    • pp.59-70
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    • 2013
  • Objectives : Hyangsayangyi-tang (香砂養胃湯) is a polyherbal formula, has been used as one of the representative So-eumin (少陰人) prescriptions in Sasang-medicine (四象醫學), a famous Korean medicinal theory. The aqueous extract of Hyangsayangyi-tang (HSYYT) was evaluated for its possible ameliorative effect in the regulation of hypothyroidism related reproductive organ damages in propylthiouracil (PTU)-induced rat model. Methods : HSYYT aqueous extracts were administered, once day for 42 days from 2 weeks before start of PTU treatment as an oral dose of 500, 250 and 125 mg/kg (bodyweight), and hypothyroidism was induced by daily subcutaneous treatment of PTU 10 mg/kg for 28days. Results : PTU induced hypothyroidism and related male reproductive organ (testis, epididymis and prostate) damages were favorably and dose-dependently inhibited by treatment of HSYYT 500 and 250 mg/kg, and they also effectively regulated the PTU-induced abnormal antioxidant defense system changes in the testis. No effective or any harmful changes on the PTU induced hypothyroidism and related male reproductive organ damages were observed in HSYYT 125 mg/kg treated rats as compared with PTU control in this experiment. Conclusions : The results obtained in this study suggest that oral administration of 500 and 250 mg/kg of HSYYT showed favorable effects on the hypothyroidism and related reproductive organ damages through augmentation of antioxidant defense system in the testis, and it is considered that HSYYT may be help to ameliorate the hypothyroidism and related organ damages in clinics.

Rational Allocation of Liability for Damages in Personal Information Infringement by Third Party (제3자의 행위에 의한 개인정보침해사고로 발생한 손해배상책임의 합리적 배분)

  • Yoo, Beeyong;Kwon, Hunyeong
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.30 no.2
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    • pp.231-242
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    • 2020
  • In the case of damages caused by personal information infringement accidents caused by information infringer such as hackers, the information subject will usually claim damages to the information controller rather than the information infringer who is the perpetrator, and the information controller who has been claimed will claim damages again to the information security enterprise that has entrusted the information protection business. These series of claims for damages, which are expected to be carried out between the information subject, the information controller and the information security enterprise, are nothing but quarrels for transferring of liability among themselves who are also victims of infringement. So the problem of damage compensation should be discussed from the perspective of multi-faceted rational distribution of the damages among the subjects who make up the information security industry ecosystem rather than the conventional approach. In addition, due to the nature of personal information infringement accidents, if a large amount of personal information infringement occurs, the amount of compensation can be large enough to affect the survival of the company and so this study insist that a concrete and realistic alternatives for society to share damages is needed.

A Study on Punitive Damages System in Technology Protection Related Laws: Focusing on Patent Act, TSPA, ITPA, FTSA, MBCA (기술보호 관련 법률에서의 징벌적 손해배상제도에 대한 고찰: 특허법, 영업비밀보호법, 산업기술보호법, 하도급법, 상생협력법을 중심으로)

  • Cho, Yongsun
    • Korean small business review
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    • v.42 no.1
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    • pp.19-41
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    • 2020
  • In Korea, punitive damages were introduced in the 2011 Fair Transactions in Subcontracting Act(FTSA), and in 2019 the Patent Act, Trade Secret Protection Act(TSPA), Industrial Technology Protection Act(ITPA), and Mutually Beneficial Cooperation Act(MBCA). In punitive damages, the judgment of 'intentional' is especially important, and it is necessary to refer to US precedents since there is no accumulated case. Major Company can avoid intentional counseling through the advice of lawyers, but SMEs may have to punish punitive damages due to a lack of awareness of the system. In the case of TSPA, ITPA, FTSA, and MBCA, except for Patent Act, the provisions related to proof of damage have not been well maintained yet. Therefore, the data submission order system of these laws needs to be revised to the level of patent Act need to be. TSPA needs to be amended in the future to estimate the amount of the royalties in estimating the amount of damages so that it can receive the 'reasonably' estimated amount rather than the usual amount. On the other hand, ITPA, FTSA, and MBCA do not have any provisions for the estimation of damages. Besides, it is difficult to evaluate the technology value in the case of leakage or deodorization of new technologies. Therefore, valuation needs to be carried out by a credible institution along with the development of a model for calculating damages.

Apportionment of Liquidated Damages and Compensation for Delay Damages in Domestic Construction Project : Analysis and Improvement (국내 현행 공기지연 책임에 따른 지체상금 및 손실보상의 문제점 및 개선방안)

  • Kim, Kyong Ju;Kim, Kyoungmin;Kim, Jong Inn;Wei, Ameng;Kim, Eu Wang
    • Korean Journal of Construction Engineering and Management
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    • v.24 no.1
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    • pp.12-20
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    • 2023
  • To calculate the amount of owner-caused and contractor-caused delays based on a simplified delay analysis, which has been customarily used in Korea, has a limitation in reflecting the impact of the concurrent delay and the acceleration work. It also resulted in the apportionment of liquidated damages by applying the ratio of the number of delays between the owner and the contractor. This study analyzes that the conventional method does not meet the international standards. In order to improve the problem of construction delay analysis and the apportionment of liquidated damages based on it, owner delays, contractor delays, concurrent delays, and the impact of acceleration should be analyzed together. This study suggests that in the apportionment of liquidated damages, the extension of time should be extended by the sum of concurrent delays and the owner-caused delays, and liquidated damages should be imposed on delays incurred after the extension of time. It can be seen that it conforms to the international standards. The results of this study are expected to contribute to improving the problems of delay analysis and liquidated damages calculation, which have been conventionally accepted.

A Liquidated Damages Calculation Method Based on Owner's Substantial Loss (발주자 손실기반 지체상금 산정 개선방안)

  • Jang, Bong-Jo;Shim, Jae-Young;Koo, Jeong-San;Jung, Dae-Won;Koo, Kyo-Jin;Hyun, Chang-Taek
    • Korean Journal of Construction Engineering and Management
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    • v.8 no.1 s.35
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    • pp.150-158
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    • 2007
  • The delay of construction is one of the most frequent and complicated elements of the claim. And the liquidated damages cause many disputes during the judgement. The liquidated damages should be a compensation for owner's substantial loss, but actually be applied as a damage for breach of contract. These damages are different from owner's loss and give constructors a excessive burden. So we need a more reasonable system than a lump application system. In this study, we make a Improvement System, that based on owner's substantial loss, and suggest the new liquidated damages calculation method.

Damage Assessment of Steel Box-girder Bridge using Neural Networks (신경망을 이용한 강박스거더교의 손상평가)

  • Lee, In Won;Oh, Ju Won;Park, Sun Kyu;Kim, Ju Tae
    • Journal of Korean Society of Steel Construction
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    • v.11 no.1 s.38
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    • pp.79-88
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    • 1999
  • Damages of a steel box girder bridge are detected using neural networks. Damage detection using neural networks has increasing momentum in structural engineering. It is a new effort to overcome the limitations of the conventional analytical approaches and applied to the damage detection of a steel box-girder bridge. Data sets for training neural networks are obtained from the acceleration response of the bridge under moving load. Finite element model is first defined and damages of 5, 10, 15 and 20% are assumed in the model. Not only the trained damages but untrained damages are detected in the assessment stage. The untrained damages can be detected with acceptable errors. Because the number of damaged locations are limited to a few parts, more researches are needed to put this technique into practice.

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