• Title/Summary/Keyword: failure law

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Punitiveness Toward Defendants Accused of Same-Race Crimes Revisited: Replication in a Different Culture (동인종 범죄로 기소된 피고인에 대한 엄벌주의적 판단의 재고찰: 다른 문화에서의 적용)

  • Lee, Jungwon;Khogali, Mawia;Despodova, Nikoleta M.;Penrod, Steven D.
    • Korean Journal of Forensic Psychology
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    • v.11 no.1
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    • pp.37-61
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    • 2020
  • Lee, Khogali, Despodova, and Penrod (2019) demonstrated that American participants whose races are different from a defendant and a victim rendered more punitive judgments against the defendant in a same-race crime (e.g., White observer-Black defendant-Black victim) compared to a cross-race crime (e.g., White observer-Black defendant-Hispanic victim). The aim of the current study was to test the replicability of their findings in a different country-South Korea. Study 1a failed to replicate the race-combination effect in South Korea with three new moderators-case strength, defendant's use of violence, and race salience. Study 1b was conducted with the same design of Study 1a in the United States to examine whether the failure of the replication in Study 1a was due to cultural differences between South Korea and the United States. However, Study 1b also failed to replicate the race-combination effect. Study 2 conducted a meta-analytic review of the data from Lee et al.'s (2019) study, along with the data from Study 1a and 1b and revealed that the race-salience manipulation in Study 1a and 1b might have caused the null results. We conclude that when people' races are different from both a defendant and a victim, they are likely to render more punitive judgments against the defendant in a same-race crime than a cross-race crime. However, the race-combination effect is only sustained when race-relevant issues are not salient in the crime.

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Whose Science is More Scientific? The Role of Science in WTO Trade Disputes

  • Kim, Inkyoung;Brazil, Steve
    • Analyses & Alternatives
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    • v.2 no.1
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    • pp.31-69
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    • 2018
  • This study examines the role of science in resolving trade disputes. After the Great East Japan Earthquake of 11 March 2011 that not only jeopardized the people of Japan, but also put the safety of an entire region at risk, the Republic of Korea (Korea) has imposed import bans as well as increased testing and certification requirements for radioactive material on Japanese food products. Japan has challenged these restrictions at the World Trade Organizations Dispute Settlement Body (DSB). This study aims to explain how international trade agreements and previous DSB rulings have dealt with different scientific viewpoints provided by confronting parties. In doing so, it will contrast the viewpoints espoused by Korean and Japanese representatives, and then analyzes the most similar case studies previously ruled on by the DSB, including the case of beef hormones and the case of genetically modified crops including biotech corn, both between the United States and the European Communities (EC). This study finds that science is largely subordinate to national interests in the case of state decision-making within the dispute settlement processes, and science has largely been relegated to a supportive role. Due to the ambiguity and lack of truly decisive decisions in the Appellate Body in science-based trade disputes, this study concludes that the Appellate Body avoids taking a firm scientific position in cases where science is still inconclusive in any capacity. Due to the panel's unwillingness to establish expert review boards as it has the power to do, instead favoring an individual-based system so that all viewpoints can be heard, it has also developed a system with its own unique weaknesses. Similar to any court of law in which each opposing party defends its own interests, each side brings whatever scientific evidence it can to defend its position, incentivizing them to disregard scientific conclusions unfavorable to their position. With so many questions that can arise, combined with the problems of evolving science, questions of risk, and social concerns in democratic society, it is no wonder that the panel views scientific information provided by the experts as secondary to the legal and procedural issues. Despite being ruled against the EC on legal issues in two previous cases, the EC essentially won both times because the panel did not address whether its science was correct or not. This failure to conclusively resolve a debate over whose science is more scientific enabled the EC to simply fix the procedural issues, while continuing to enforce trade restrictions based on their scientific evidence. Based on the analysis of the two cases of disputes, Korea may also find itself guilty of imposing an unwarranted moratorium on Japan's fish exports, only to subsequently pass new restrictions on labelling and certification requirements because Japan may have much scientific evidence at its disposal. However, Korea might be able to create enough uncertainty in the panel to force them to rule exclusively on the legal issues of the case. This will then equip Korea, like the EC in the past, with a way of working around the ruling, by changing whatever legal procedure they need to while maintaining some, if not most, of its restrictions when the panel fails to address its case on scientific grounds.

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The Study on Control Algorithm of Elevator EDLC Emergency Power Converter (승강기 EDLC 비상전원 전력변환장치 제어 알고리즘 연구)

  • Lee, Sang-min;Kim, IL-Song;Kim, Nam
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.7 no.6
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    • pp.709-718
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    • 2017
  • The installation of the elevator ARD(Automatic Rescue Device) system has been forced into law in these days in order to safely rescue passengers during power failure. The configuration of the ARD system consists of energy storage device, power converter and control systems. The EDLC(Electric Double Layer Capacitor) are used as energy storage device for rapid charge/discharge purposes. The power conditioning system (PCS) consists of bi-directional converter, 3-phase converter and control system. The dead-beat control system is adopted for most systems however it requires complex mathematical calculations, the high performance microprocessors are mandatory and thus it can be a cause of high manufacturing cost. In this paper the new control method for average current mode control is presented for simple structure. The control algorithm is applied to the single phase system and then expands to three phase system to meet the sysem requirements. The mathematical modeling using average modeling method is presented and analysed by PSIM computer simulation to verifie the validity of the proposed control methods.

Directional Variation of Apparent Elastic Constants and Associated Constraints on Elastic Constants in Transversely Isotropic Rocks (횡등방성 암석에서 겉보기 탄성정수의 방향성 변화와 탄성정수 제약조건)

  • Youn-Kyou Lee
    • Tunnel and Underground Space
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    • v.33 no.3
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    • pp.150-168
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    • 2023
  • The anisotropic behavior of rocks is primarily attributed to the directional arrangement of rock-forming minerals and the distribution characteristics of microcracks. Notably, sedimentary and metamorphic rocks often exhibit distinct transverse isotropy in terms of their strength and deformation characteristics. Consequently, it is crucial to gain accurate insights into the deformation and failure characteristics of transversely isotropic rocks during rock mechanics design processes. The deformation of such rocks is described by five independent elastic constants, which are determined through laboratory testing. In this study, the characteristics of the directional variation of apparent elastic constants in transversely isotropic rocks were investigated using experimental data reported in the literature. To achieve this, the constitutive equation proposed by Mehrabadi & Cowin was introduced to calculate the apparent elastic constants more efficiently and systematically in a rotated Cartesian coordinate system. Four transversely isotropic rock types from the literature were selected, and the influence of changes in the orientation of the weak plane on the variations of the apparent elastic modulus, apparent shear modulus, and apparent Poisson's ratio was analyzed. Based on the investigation, a new constraint on the elastic constants has been proposed. If the proposed constraint is satisfied, the directional variation of the apparent elastic constants in transversely isotropic rocks aligns with intuitive predictions of their tendencies.

A Study on the Subject Selection of Adjunct-Structure in 『Zi-Ping-Zhen-Quan』 (『자평진전』 겸격(兼格)의 주체 선정에 관한 연구)

  • Won-Ho Choi;Ki-Seung Kim
    • Industry Promotion Research
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    • v.8 no.3
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    • pp.153-162
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    • 2023
  • Shen-Xiao-Zhan's 『Zi-Ping-Zhen-Quan』, which is called a commentary on Chart-Structure in MyungLiollgy, After selecting the Chart-Structure and classifying the good luck and bad luck of the case, the Phase-usage is set up according to the principle of Shun reverse. At this time, if two or more the sky symbol hidden in the ground of Monthly intertwine to form several Structure and become Adjunct-Structure, the subject of Structure must be finally known to set up Phase-usage and succeed Structure and failure can be judged. However, in 『Zi-Ping-Zhen-Quan』, only the structure and meaning of Adjunct-Structure were explained, and the method of determining the final subject of Adjunct-Structure was not described. This researcher reviewed various literatures for a study on selecting the subject of Adjunct-Structure, and compared and analyzed various actual cases of Adjunct-Structure by dividing them into Monthly and Chart-Structure. Common results related to the type of sign of the land that met with Monthly, the energy force of the sky sign projected from the sky symbol hidden underground in Monthly and the strength and weakness of the body were drawn. and the law was organized subjectively. It is believed that the results of this study will serve as an opportunity to reduce the confusion of Adjunct-Structure.

Calculation method and application of natural frequency of integrated model considering track-beam-bearing-pier-pile cap-soil

  • Yulin Feng;Yaoyao Meng;Wenjie Guo;Lizhong Jiang;Wangbao Zhou
    • Steel and Composite Structures
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    • v.49 no.1
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    • pp.81-89
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    • 2023
  • A simplified calculation method of natural vibration characteristics of high-speed railway multi-span bridge-longitudinal ballastless track system is proposed. The rail, track slab, base slab, main beam, bearing, pier, cap and pile foundation are taken into account, and the multi-span longitudinal ballastless track-beam-bearing-pier-cap-pile foundation integrated model (MBTIM) is established. The energy equation of each component of the MBTIM based on Timoshenko beam theory is constructed. Using the improved Fourier series, and the Rayleigh-Ritz method and Hamilton principle are combined to obtain the extremum of the total energy function. The simplified calculation formula of the natural vibration frequency of the MBTIM under the influence of vertical and longitudinal vibration is derived and verified by numerical methods. The influence law of the natural vibration frequency of the MBTIM is analyzed considering and not considering the participation of each component of the MBTIM, the damage of the track interlayer component and the stiffness change of each layer component. The results show that the error between the calculation results of the formula and the numerical method in this paper is less than 3%, which verifies the correctness of the method in this paper. The high-order frequency of the MBTIM is significantly affected considering the track, bridge pier, pile soil and pile cap, while considering the influence of pile cap on the low-order and high-order frequency of the MBTIM is large. The influence of component damage such as void beneath slab, mortar debonding and fastener failure on each order frequency of the MBTIM is basically the same, and the influence of component damage less than 10m on the first fourteen order frequency of the MBTIM is small. The bending stiffness of track slab and rail has no obvious influence on the natural frequency of the MBTIM, and the bending stiffness of main beam has influence on the natural frequency of the MBTIM. The bending stiffness of pier and base slab only has obvious influence on the high-order frequency of the MBTIM. The natural vibration characteristics of the MBTIM play an important guiding role in the safety analysis of high-speed train running, the damage detection of track-bridge structure and the seismic design of railway bridge.

Contemplation of Korean Offshore Wind Industry Development (한국의 해상풍력산업 발전전략 고찰)

  • Kim Jong-hwa
    • Journal of Wind Energy
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    • v.15 no.1
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    • pp.5-10
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    • 2024
  • Offshore wind power generation has significant advantages, including enhanced energy security and job creation. However, despite these benefits, South Korea has not fully utilized its potential in this sector. In contrast, offshore wind power industry development in Europe has been driven by government leadership. Drawing from this experience, South Korea also needs to relax regulations, strengthen necessary infrastructure, and enhance financial support systems to activate the offshore wind power industry. For this, sustained government leadership is absolutely essential. Without addressing the capacity issues in the power grid, we cannot expect offshore wind power generation to succeed. To address grid issues, we propose the enactment of a special law called the "Special Act on Grid Expansion." Considering KEPCO's financial situation, private investment should be encouraged for grid construction. The role of developers is crucial for the successful development and operation of offshore wind power. They manage risks throughout various stages, from site acquisition to construction and operation, which have a significant impact on the success or failure of projects. Since domestic developers currently lack experience in offshore wind power, a cooperative strategy that leverages the experience and technology of advanced countries is necessary. Energy issues should be recognized as important tasks beyond mere political ideologies, as they are crucial for the survival of the nation and its development. It is essential to form a public consensus and implement ways for residents to coexist with offshore wind power, along with the conservation of marine ecosystems and effective communication with stakeholders. Expansion of the offshore wind power industry requires support in various areas, including financial and tax incentives, technology research investment, and workforce development. In particular, achieving carbon neutrality by 2050 necessitates the activation of offshore wind power alongside efforts by major corporations to transition to renewable energy. South Korea, surrounded by the sea, holds significant offshore wind power potential, and it is our responsibility to harness it as a sustainable energy source for future generations. To activate the offshore wind power market, we need to provide financial and tax support, develop infrastructure and research, and foster a skilled workforce. As major corporations transition to renewable energy to achieve carbon neutrality by 2050, offshore wind power must play a significant role. It is our responsibility to fully utilize South Korea's potential and make offshore wind power a new driver of growth.

A Study on Legal and Regulatory Improvement Direction of Aeronautical Obstacle Management System for Aviation Safety (항공안전을 위한 장애물 제한표면 관리시스템의 법·제도적 개선방향에 관한 소고)

  • Park, Dam-Yong
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.145-176
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    • 2016
  • Aviation safety can be secured through regulations and policies of various areas and thorough execution of them on the field. Recently, for aviation safety management Korea is making efforts to prevent aviation accidents by taking various measures: such as selecting and promoting major strategic goals for each sector; establishing National Aviation Safety Program, including the Second Basic Plan for Aviation Policy; and improving aviation related legislations. Obstacle limitation surface is to be established and publicly notified to ensure safe take-off and landing as well as aviation safety during the circling of aircraft around airports. This study intends to review current aviation obstacle management system which was designed to make sure that buildings and structures do not exceed the height of obstacle limitation surface and identify its operating problems based on my field experience. Also, in this study, I would like to propose ways to improve the system in legal and regulatory aspects. Nowadays, due to the request of residents in the vicinity of airports, discussions and studies on aviational review are being actively carried out. Also, related ordinance and specific procedures will be established soon. However, in addition to this, I would like to propose the ways to improve shortcomings of current system caused by the lack of regulations and legislations for obstacle management. In order to execute obstacle limitation surface regulation, there has to be limits on constructing new buildings, causing real restriction for the residents living in the vicinity of airports on exercising their property rights. In this sense, it is regarded as a sensitive issue since a number of related civil complaints are filed and swift but accurate decision making is required. According to Aviation Act, currently airport operators are handling this task under the cooperation with local governments. Thus, administrative activities of local governments that have the authority to give permits for installation of buildings and structures are critically important. The law requires to carry out precise surveying of vast area and to report the outcome to the government every five years. However, there can be many problems, such as changes in the number of obstacles due to the error in the survey, or failure to apply for consultation with local governments on the exercise of construction permission. However, there is neither standards for allowable errors, preventive measures, nor penalty for the violation of appropriate procedures. As such, only follow-up measures can be taken. Nevertheless, once construction of a building is completed violating the obstacle limitation surface, practically it is difficult to take any measures, including the elimination of the building, because the owner of the building would have been following legal process for the construction by getting permit from the government. In order to address this problem, I believe penalty provision for the violation of Aviation Act needs to be added. Also, it is required to apply the same standards of allowable error stipulated in Building Act to precise surveying in the aviation field. Hence, I would like to propose the ways to improve current system in an effective manner.

Korea's Terrorist Environment and Crisis Management Plan (한국의 테러환경과 위기관리 방안)

  • Jang, Sung Jin;Kim, Young-Hyun;Shin, Seung-Cheol
    • Korean Security Journal
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    • no.52
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    • pp.73-91
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    • 2017
  • This study is based on the political and economic standpoint of each country, Use advanced equipment to prevent new terrorism from causing widespread damage, In order to establish a countermeasures against terrorism in accordance with the reality of Korea, which is effective in responding to terrorist attacks, Korea conducted a SWOT analysis of the terrorist environment and terrorist environment through specialists. First, internal strengths of Korea 's terrorist environment include stable security situation, weakness of religious and ethnic conflicts, strong regulation and control of firearms, and counter terrorism capabilities and know - how accumulated during major international events. Second, the internal weaknesses of the terrorist environment in Korea include the insecurity of the people, the instability caused by the military confrontation with North Korea, the absence of anti-terrorism law system, the difficulty of terrorism control and management by the development of the Internet and IT technology. Third, the external opportunities for Korea 's terrorist environment are as follows: ease of supplementation and learning through cases of foreign terrorism failure, ease of increase of terrorist budget and support with higher terrorism issues, strengthening of counterterrorism through military cooperation with allied nationsRespectively. Fourth, the external threats to the terrorist environment in Korea are the increase of social dissatisfaction due to the continuous influx of defectors and foreign workers, the goal of terrorism from international terrorist organizations through alliance with the United States,Increased frequency of incidents, and increased IS coverage of terrorism around the world. In addition, the SWOT in - depth interviews on the terrorist environment of the expert group were conducted to diagnose and analyze the problems, terrorism awareness and legal system in the Korean terror environment. The results of the study are summarized as follows.First, the basic law on terrorism should be enacted.Second, the establishment of an integrated anti-terrorism organization.Third, securing and nurturing specialized personnel in response to terrorism.

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A study on The U.S.-Korean Trade Friction Prevention and Settlement in the Fields of Information and Telecommunication Industries (한미간(韓美間) 정보통신분야(情報通信分野) 통상마찰예방(通商摩擦豫防)과 해소방안(解消方案)에 관한 연구(硏究))

  • Jung, Jay-Young
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.869-895
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    • 2000
  • The US supports the Information and Communication (IC) industry as a strategic one to wield a complete power over the World Market. However, several other countries are also eager to have the support for the IC industry because the industry produces a high added value and has a significant effect on other industries. Korea is not an exception. Korea recently succeeded in the commercialization of CDMA for the first time in the world, after the successful development of TDX. Hence, it is highly likely to get tracked by the US. Although the IC industry is a specific sector of IT, there is a concern that there might be a trade friction between the US and Korea due to a possible competition. It will be very important to prepare a solution in advance so that Korea could prevent the friction and at the same time increase its share domestically and globally. It will be our important task to solve the problem with the minimum cost if the conflict arises unfortunately in the IT area. The parties that have a strong influence on the US trade policy are the think tank group and the IT-related interest group. Therefore, it would be important to have a close relationship with them. We found some implications by analyzing the case of Japan, which has experienced trade frictions with the US over the long period of time in the high tech industry. In order to get rid of those conflicts with the US, the Japanese did the following things : (1) The Japanese government developed supporting theories and also resorted to international support so that the world could support the Japanese theories. (2) Through continual dialogue with the US business people, the Japanese business people sought after solutions to share profits among the Japanese and the US both in the domestic and in the worldwide markets. They focused on lobbying activities to influence the US public opinion to support the Japanese. The specific implementation plan was first to open culture lobby toward opinion leaders who were leaders about the US opinion. The institution, Japan Society, were formed to deliver a high quality lobbying activities. The second plan is economic lobby. They have established Japanese Economic Institute at Washington. They provide information about Japan regularly or irregularly to the US government, research institution, universities, etc., that are interested in Japan. The main objective behind these activities though is to advertise the validity of Japanese policy. Japanese top executives, practical interest groups on international trade, are trying to justify their position by direct contact with the US policy makers. The third one is political lobby. Japan is very careful about this political lobby. It is doing its best not to give impression that Japan is trying to shape the US policy making. It is collecting a vast amount of information to make a correct judgment on situation. It is not tilted toward one political party or the other, and is rather developing a long-term network of people who understand and support the Japanese policy. The following implications were drawn from the experience of Japan. First, the Korean government should develop a long-term plan and execute it to improve the Korean image perceived by American people. Second, the Korean government should begin public relation activities toward the US elite group. It is inevitable to make an effort to advertise Korea to this elite group because this group leads public opinion in the USA. Third, the Korean government needs the development of a relevant policy to elevate the positive atmosphere for advertising toward the US. For example, we need information about to whom and how to about lobbying activities, personnel network who immediately respond to wrong articles about Korea in the US press, and lastly the most recent data bank of Korean support group inside the USA. Fourth, the Korean government should create an atmosphere to facilitate the advertising toward the US. Examples include provision of incentives in tax on the expenses for the advertising toward the US and provision of rewards to those who significantly contribute to the advertising activities. Fifth, the Korean government should perform the role of a bridge between Korean and the US business people. Sixth, the government should promptly analyze the policy of IT industry, a strategic area, and timely distribute information to industries in Korea. Since the Korean government is the only institution that has formal contact with the US government, it is highly likely to provide information of a high quality. The followings are some implications for business institutions. First, Korean business organization should carefully analyze and observe the business policy and managerial conditions of US companies. It is very important to do so because all the trade frictions arise at the business level. Second, it is also very important that the top management of Korean firms contact the opinion leaders of the US. Third, it is critically needed that Korean business people sent to the USA do their part for PR activities. Fourth, it is very important to advertise to American employees in Korean companies. If we cannot convince our American employees, it would be a lot harder to convince regular American. Therefore, it is very important to make the American employees the support group for Korean ways. Fifth, it should try to get much information as early as possible about the US firms policy in the IT area. It should give an enormous effort on early collection of information because by doing so it has more time to respond. Sixth, it should research on the PR cases of foreign enterprise or non-American companies inside the USA. The research needs to identify the success factors and the failure factors. Finally, the business firm will get more valuable information if it analyzes and responds to, according to each medium.

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