• Title/Summary/Keyword: failure theory

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A Review of the Supreme Court Decision on Damages for the Airport Noise (항공기소음피해에 대한 국가배상판결에 대한 고찰)

  • Chae, Young-Geun
    • The Korean Journal of Air & Space Law and Policy
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    • v.20 no.1
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    • pp.211-253
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    • 2005
  • Recently, the Korean Supreme Court released two important decisions concerning damages for the pain and suffering from Aircraft noise. The local people who are living near the Air Force practice site at Maehyang-ri and the Kimpo International Airport brought lawsuits against the Korean government requesting damages for their financial loss from the severe noise and the damages for their pain and suffering. Plaintiffs alleged that they suffered physical malfunctions, extreme disturbances and the reduction of property values from the extreme noises which were daily repeated. District Court of Seoul Province did not allow plaintiffs all but the damages for pain and suffering. Plaintiffs could not prove the causation between their financial loss and the noise. The Supreme Court confirmed the lower court's decision. Article V of the National Compensation Act (analogous to the Federal Tort Claims Act of the USA) reads, "the government shall be liable for any loss caused by the defect on establishment or maintenance of public facilities." In the two cases, the major issue was whether the government's establishment or maintenance of Air Force practice site and the airport was defective because they caused serious noise to surrounding neighbors. Previously, the Supreme Court interpreted the clause "defect on establishment or maintenance of public facilities" as failure of duty to provide safety measures to the degree generally required to ordinary manager. However the Court at this time interpreted differently that the defect could be found if the facility caused to any person loss to the degree intolerable. In the two cases the Court confirmed the lower court's finding that noise level at the site was severe enough to be intolerable. This standard is based on the severity of the loss rather than the failure of duty. It became easier for plaintiffs to prove the cause of action under this interpretation. The consequence of the ruling of these two cases is 'rush to the courtroom' by the local people at similar situations. The ruling of these two cases was not appropriate both in theory and in consequence. The Korean tort system is basically based on the theory of negligence. Strict liability is exceptional only when there is special legislation. The Court created strict liability rule by interpreting the Art. V of the National Compensation Act. This is against the proper role of the court. The result of the cases is also dismal. The government was already sued by a number of local people for damages. Especially the Department of Defense which is operating many airports nationwide has financial hardship, which will cause downsizing military practice by the Air Force in the long run, This is no good to anyone. Tens of millions of dollars which might be used for compensation might be better used to prevent further noise problem surrounding airports.

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A Study on the Experience of Patients with Chronic Renal Failure who have Received a Kidney Transplant (신장이식 수혜자의 경험)

  • Lee Sook-Hee;Kim Kyung-Hee;Chung Hae-Kyung
    • Journal of Korean Academy of Fundamentals of Nursing
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    • v.6 no.1
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    • pp.78-95
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    • 1999
  • The grafting of a kidney has been found to be the best medical treatment for patients who have renal insufficiency failure, but the patients still have experienced much trouble and apprehension. This study was done to further nursing theory developing for patients who have has a kidney graft from another person. The research method followed grounded theory methodology of Strauss and Corbin. The subjects were three female and four male patients. This study done befween Oct. 1997 and Mar. 1998. All of the subjects were interviewed by the author. Interview were done by the long interview technique and observation. In the process of data analysis, 'heart-boiling' was found to be the core phenomenon. The results were composed to 101 concepts. These concepts were grouped into nineteen categories, and then to twelve categories. There were 12 super-class categories as follows ; 'pain', 'heart-boiling', 'experience of dialysis', 'term of admission to a hospital', 'support of other person', 'dependence on God', 'direction', 'negative reaction', 'positive reaction', 'comfortable', 'lacking', 'acceptance'. In this process, 14 hypotheses were derived from the categories as follows ; (1) The more experience with dialysis that the patients have, the stronger the heart-boiling will tend to be. (2) The less experience with dialysis the patients have, the weaker the heart-boiling will tend to be. (3) The longer admission to hospital the patients have, the stronger the heart-boiling will be. (4) The shorter the admission to hospital the patients have, the weaker the heart-boiling will be. (5) The weaker the intense-grief is, the more positive the reaction to heart-boiling the patients wll have. (6) The stronger the intense-grief is, the more negative the reaction to heart-boiling the patients will have. (7) The stronger the support of other persons that the patients have, the more positive the reaction to heart-boiling the patients will have. (8) The weaker the support of other person that the patients have, the more negative the reaction to heart-boiling the patients will have. (9) The stronger the dependence on God that the patients have, the mure positive reaction to heart-boiling the patients will have. (10) The weaker the dependence on God that the patients have, the more negative reaction to heart-boiling the patients will have. (11) The more positive thoughts that the patients have, the more positive reaction to heart-boiling the patinets will have. (12) The more negative thoughts that the patients have, the more negative reaction to heart-boiling the patients will have. (13) The more positive reaction the patients have, the more free from heart-boiling the patients tend to be. (14) The more negative reaction the patients have, the less free from heart-boiling the patients tend to be. From the analysis of observed data and comparing each class, I concluded that there are four formula relation types between reaction of patients and heart-boiling. (1) If patients have the experience of dialysis, have a long term admission to hospital, are strong in heart-boiling, depend on God, have positive thoughts and another's strong support, they experience release by positive reaction to the intense-grief. (2) If patients have the experience of dialysis, have a short term admission to hospital, are weak in heart-boiling, do not depend on God, have negative thoughts, and have few supports from others, they experience attachment to heart-boiling though a negative reaction. (3) If patients have the experience of dialysis, have a long term admission to hospital, are strong in heart-boiling, do not depend on God, and have negative thoughts, they experience attachment to heart-boiling through negative reaction in spite of support from another. (4) If patients have the experience of dialysis, have a long term admission into hospital, are strong in heart-boiling and satisfaction is low, but they have positive thoughts, then they experience acceptance and harmony through the positive reaction to heart-boiling. The results of this study are expected to help the way nurses care for patients who have had a kidney graft from another.

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Rock Slope Stability Investigations Conducted on the Road Cut in Samrangjin-Miryang Area (삼량진-밀양 지역에 위치한 도로 절취사면에 대한 사면안정 연구)

  • Um Jeong-Gi;Kang Taeseung;Hwang Jin Yeon
    • Economic and Environmental Geology
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    • v.38 no.3 s.172
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    • pp.305-317
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    • 2005
  • This study addresses the preliminary results of rock slope stability analyses including hazard assessments for slope failure conducted on the selected sections of rural road cut slope which are about 4 km long. The study area is located in the Mt. Chuntae northeast of Busan and mainly composed of Cretaceous rhyolitic ash-flow tuff', fallout tuff, rhyolitc and andesite. The volcanic rock mass in the area has a number of discontinuities that produce a potentially unstable slope, as the present cut slope is more than 70 degrees in most of the slope sections. Discontinuity geometry data were collected at selected 8 scanline sections and analyzed to estimate important discontinuity geometry parameters to perform rock slope kinematic and block theory analyses. Kinematic analysis for plane sliding has resulted in maximum safe slope angles greater than $65^{\circ}$ for most of the discontinuities. For most of the wedges, maximum safe cut slope angles greater than $45^{\circ}$ were obtained. Maximum safe slope angles greater than 80" were obtained fur most of the discontinuities in the toppling case. The block theory analysis resulted in the identification of potential key blocks (type II) in the SL4, SL5, SL6 and SL8 sections. The chance of sliding taking place through a type ll block under a combined gravitational and external loading is quite high in the investigated area. The results support in-field observations of a potentially unstable slope that could become hazardous under external forces. The results obtained through limit equilibrium slope stability analyses show how a stable slope can become an unstable slope as the water pressure acting on joints increases and how a stable slope under Barton's shear strength criterion can fail as the worst case scenario of using Mohr-Coulomb criterion.

The Effects of Switching-Frustrated Situation on Negative Psychological Response (전환 좌절상황에서 소비자의 부정적 심리반응에 관한 연구)

  • Jeong, Yun Hee
    • Asia Marketing Journal
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    • v.14 no.1
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    • pp.131-157
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    • 2012
  • Despite the voluminous research on switching barriers, the notion that they can generate negative responses has not been investigated. Further, a critical question is what determines the strength of such negative responses. To address this question, the classic theory of psychological reactance is briefly reviewed, and the idea of switching barrier is advanced. This study attempts to suggest a model on the negative effects of switching- frustrated situation, based on the studies on psychological reactance. According to psychological reactance theory(Brehm 1966), whenever a freedom is threatened or removed, individuals are motivated, at least temporarily, to restore their freedom. For example, if individuals think they are free to engage in behaviors .v, y, or z, then threatening their freedom to engage in x would cause psychological reactance. This reactance could be reduced by an increase in the perceived attractiveness of engaging in, the threatened behavior(Kivetz 2005). This investigation seeks to extend existing switching barrier research in three important ways. First, while the past research has emphasized only positive role of switching barrier, this study address negative role of it by applying psychological reactance theory. Second, to find negative results of switching barrier, I suggest negative psychological response including regret to the past choice, resentment to the present provider, and strong desire to the alternative provider. Third, I suggest the perceived severity of the switching barriers, the attractiveness of the alternative as switching-frustrated situation which can lead to negative results. And, in addition to these relationships, I added moderated effects of perceived justice for better explanation. So this study includes the following hypotheses. H1-1 ~ H1-3: The attractiveness of the alternative has a positive effect regret to the past choice (h1-1), resentment to the present provider (h1-2), and strong desire to the alternative provider (h1-3). H2-1 ~ H2-3 : The perceived severity of the switching barrier has a positive effect regret to the past choice (h2-1), resentment to the present provider (h2-2), and strong desire to the alternative provider (h2-3). H3-1 ~ H3-3 : The positive relationships between the attractiveness of the alternative and consumer' negative responses will be stronger at low level of perceived justice than at high level of perceived justice. H4-1 ~ H4-3 : The positive relationships between the perceived severity of the switching barrier and consumer' negative responses will be stronger at low level of perceived justice than at high level of perceived justice. Survey research is employed to test hypotheses involving perceived severity of the switching barrier(Hess 2008), attractiveness of the alternative(Anderson and Narus 1990; Ohanian 1990),regret(Glovich and Medvec 1995), resentment, strong desire(Alcohol Urge Questionaire: Bohn et al. 1995), perceived justice(Bies and Moag 1986; Clemmer 1993; Lind and Tyler 1998). Previous researches, such as reactance theory, emotion and service failure, have been referenced to measure constructs. All items were measured on a 7-point Likert scale ranging from "strongly disagree" to "strongly agree". We collected data involving various service field, and used 249 respondents to analyze these data using the moderated regression. The results of our analysis suggest, as expected, that the perceived severity of the switching barrier had positive effects on regret to the past choice(b = .197, p< .01), resentment to the present provider(b = .214, p< .01), and strong desire to the alternative provider(b = .254, p< .001). And the attractiveness of the alternative had positive effects on regret to the past choice(b = .353, p<.001), resentment to the present provider(b = .174, p< .01), and strong desire to the alternative provider(b = .265, p< .001). However, our findings indicate perceived justice partly moderates relationship between switching-frustrated situation and psychological negative response. The study has brought to light a number of insights between switching barriers and consumer' negative responses that have been subject to little prior research. In particular, this study adds to the existing understanding of the psychological responses to switching barriers in switching- frustrated situation. This research therefore has significance to marketers for strategic marketing programs, particularly in terms of customer retention and switching barrier strategies. Since consumers could exhibit negative responses to switching barrier, companies would be able to lose their customer when they thoughtlessly use switching barrier for remaining customer. Although the study has these contributions, there are several limitations including unsupported hypotheses and research method. So, we need to make up for these limitations in the future researches.

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An Ethnographic Study on Middle aged Women's Hwa-Byung with Upper Limb Arthropathy (중년여성의 화병과 상지관절동통에 관한 문화기술지)

  • Kim, Mee-Young
    • Journal of East-West Nursing Research
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    • v.13 no.2
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    • pp.160-169
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    • 2007
  • Background: Hwa-Byung is known as a specific Korean cultural syndrome which corresponds to DSM-IV(MMPI). Some Korean women who have experienced heart aching anger(Hwa-Byung) complain physical pains as well as psychological problems. As for these physical pains, upper limb arthropathy(e.g. golf elbow pains, tennis elbow pains, or shoulder-joint pains) have not been paid attentions. In spite of not having done her excessive physical endeavor or exercise, some Korean middle aged women complain those arthropathy pains. And they go round orthopedics, pain clinics, and oriental medicine clinics. Purpose: This study was practiced in Severance Oriental Medicine Clinic. The oriental medicine doctor had a question about the major origin of upper limb pains which were not caused by excessive physical endeavor. To answer the question, this study has been practiced. In the process of interview with some those women, the major cause of those syndromes has been revealed as Hwa-Byung. The purpose of this study is to discover the meanings of the women's life who have been experienced Hwa-Byung with upper limb arthropathy. Results: These upper limb arthropathy can be explained by meridian theory. Shoulder-joint pain and golf elbow with Hwabyung can be explained by Heart meridian of hand-shoyin and the points of these pains are in the flow of this meridian. Tennis elbow with Hwabyung can be explained by Small intestine meridian of hand-taiyang and this point is in the flow of this meridian. The results of interview with 9 middle aged women was analyzed and interpreted according to Spradley's method of ethnography. The analysis revealed three core cultural themes : 1) There are certainly external cause to provoke Hwa-Byung. A patricentric family system, husband's playing around with another woman, cruel treatment by husband's family, or financial failure may be present anteriorly. 2) The chief existing condition is the discord between husband and wife. The stoppage of mutual communication, lacking in understanding, unfeeling, heartless, or unsympathetic is an major phenomenon of married life. So the important factor is not the sexual relations or problems but the discords of communication. 3) The feeling of anger, the sense of nihility, the desire to escape, and the effort to forgiveness coexist together. At a glance, they seemed to be a process. For example, anger seemed to present at first, then nihility seemed at second, then escape seemed at third, and then forgiveness seemed at last. But at point of visiting clinic to be treated, they are mixed up together as if in a jumble.

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Micromechanical Analysis on Anisotropic Elastic Deformation of Granular Soils (미시역학을 이용한 사질토의 이방적 탄성 변형 특성의 해석)

  • 정충기;정영훈
    • Journal of the Korean Geotechnical Society
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    • v.20 no.5
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    • pp.99-107
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    • 2004
  • Anisotropic characteristics of deformation are important to understand the particular behavior in the pre-failure state of soils. Recent experiments show that cross-anisotropic moduli of granular soils can be expressed by functions of normal stresses in the corresponding directions, which is closely linked to micromechanical characteristics of particles. Granular soils are composed of a number of particles so that the force-displacement relationship at each contact point governs the macroscopic stress-strain relationship. Therefore, the micromechanical approach in which the deformation of granular soils is regarded as a mutual interaction between particle contacts is one of the best ways to investigate the anisotropic elastic deformation of soils. In this study, a numerical program based on the theory of micromechanics is developed. Generalized contact model for the irregular contact surface of soil particles is adopted to represent the force-displacement relationship in each contact point far the realistic prediction of anisotropic moduli. To evaluate the model parameters, a set of analytical solutions of anisotropic elastic moduli is derived in the isotropic stress condition. A detailed procedure to determine the model parameters is proposed with emphasis on the practical applicability of micromechanical program to analyze the elastic behavior of the granular soils.

Middle School Students' Ideas about the purposes of Laboratory Work (과학 실험의 목적에 대한 중학생의 인식조사)

  • Kim, Hee-Kyong;Song, Jin-Woong
    • Journal of The Korean Association For Science Education
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    • v.23 no.3
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    • pp.254-264
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    • 2003
  • Researches on laboratory work show that students often achieve little meaningful learning through laboratory work. One reason for this failure is that students often do not know the different types of laboratory work and the 'purposes' of them. Therefore, this study investigated middle school student' ideas about the purposes of laboratory work. To seventh grade students(n=147) of middle school in Seoul, Korea, we asked (Question 1) "Why do scientists do laboratory work?" and (Question 2) "Why do you do laboratory work in science classes?" It was required a short essay including the reasons and examples of them. From the results, it was found that 56.8% of the students had ideas that scientists do laboratory work for discovering new facts or inventing something, and 82.9% of the students responded that they do laboratory work for understanding and memorizing the contents of science textbook. In addition, the differences according to gender and to school achievement level, and the relationship between the ideas about scientists' laboratory work and about school science laboratory work were examined. The results showed that boys responded 'social usefulness' more frequently than girl, while girls mentioned 'personal pleasure' more frequently than boys in relation to the purposes of scientists' laboratory work(p<.05). According to the achievement level, it was founded that 'middle' level students replied 'to remember' more frequently than high and low levels in relation to school science laboratory work. Finally, students who had ideas that scientists do laboratory work for verifying a theory had the similar ideas about school science laboratory work. In conclusion, students are lack of diverse and proper views about laboratory work. It is recommended that teacher need to make clear the purpose of laboratory work and help students to understand of it.

Study on Landslide Flume Tests Using Stability Analysis of the Unsaturated Infinite Slope (불포화 무한사면의 안정해석을 활용한 산사태 모형실험에 관한 연구)

  • Song, Hyo-Sung;Chae, Byung-Gon;Song, Young-Suk;Choi, Jung-Hae;Seo, Won-Gyo;Woo, Ik
    • The Journal of Engineering Geology
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    • v.29 no.4
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    • pp.541-552
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    • 2019
  • In this study, landslide flume tests were performed to analyze characteristics of ground characteristics and landslide occurrence due to rainfall infiltration. As test materials, weathered granite soil and gneiss soil, the most frequent landslides in Korea, were used, and landslides were triggered by heavy rain (Intensity = 200 mm/hr). The measurement sensors were installed with 3 sets at toe, slope, top part and shallow (GL-0.2 m), middle (GL-0.4 m), and deep (GL-0.6 m) depth in the slope and measured at 10 second intervals. After landslide flume tests, the slope stability analysis was performed by applying the unsaturated soil theory based on the change of ground characteristics and compared with actual landslide occurrence from flume test. As a result of the analysis, factor of safety reflected the landslide occurrence from flume test and factor of safety decreased as rainfall infiltration, leading to slope failure. Finally we compared to the factor of safety below 1 and actual landslide occurrence time, the average difference was 1,600 seconds for weathered granite soil and 5,400 seconds for weathered gneiss soil.

The Relationship among Usage Situation of Customer's Reward Program, Negative Affect, Commitment, and Complaining Behavior - Focused on Equal Theory - (고객보상프로그램의 사용상황과 부정적 감정, 결속차원 및 불평행동의 관계에 관한 연구 - 공정성이론을 중심으로 -)

  • Lee, Eun-Mi;Jeon, Jung-Ok
    • CRM연구
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    • v.2 no.1
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    • pp.53-72
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    • 2009
  • Customer's reward program is a prevailing promotional technique. Recently, both management and marketing fields have been interested in the failure of customer's reward program. However, there are few empirical research regarding this. Therefore, this study examined a research model that employs justice in processing of customer's reward program perceived by customer to explain commitment(calculative commitment, affective commitment) and complaining behavior which is mediated by negative affect. Data was collected from the customers who dissatisfied with their reward programs. For the analysis, frequency, cronbach' ${\alpha}$ and path analysis were used as statistical test tool. Additionally, SPSS 12.0 and AMOS 4.0 were used for analyzing the hypotheses. As a result, proposed structural model largely supports the hypothesized framework and the major findings of this study are summarized as follows: First, distributive and interactional justice were negatively related to negative affect. But procedural justice didn't influence negative affect. Second, negative affect was negatively related to calculative commitment. But affective commitment wasn't influenced by negative affect. Third, negative affect was positively related to complaining behavior. Fourth, calculative commitment was negatively related to complaining behavior. But negative affect didn't influence complaining behavior. In conclusion, It can be posited that justice, negative affect, 2 forms of commitment and complaining behavior are important factors.

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Life Prediction of Composite Pressure Vessels Using Multi-Scale Approach (멀티 스케일 접근법을 이용한 복합재 압력용기의 수명 예측)

  • Jin, Kyo-Kook;Ha, Sung-Kyu;Kim, Jae-Hyuk;Han, Hoon-Hee;Kim, Seong-Jong
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.11 no.9
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    • pp.3176-3183
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    • 2010
  • A multi-scale fatigue life prediction methodology of composite pressure vessels subjected to multi-axial loading has been proposed in this paper. The multi-scale approach starts from the constituents, fiber, matrix and interface, leading to predict behavior of ply, laminates and eventually the composite structures. The multi-scale fatigue life prediction methodology is composed of two steps: macro stress analysis and micro mechanics of failure based on fatigue analysis. In the macro stress analysis, multi-axial fatigue loading acting at laminate is determined from finite element analysis of composite pressure vessel, and ply stresses are computed using a classical laminate theory. The micro stresses are calculated in each constituent from ply stresses using a micromechanical model. Three methods are employed in predicting fatigue life of each constituent, i.e. a maximum stress method for fiber, an equivalent stress method for multi-axially loaded matrix, and a critical plane method for the interface. A modified Goodman diagram is used to take into account the generic mean stresses. Damages from each loading cycle are accumulated using Miner's rule. Monte Carlo simulation has been performed to predict the overall fatigue life of a composite pressure vessel considering statistical distribution of material properties of each constituent, fiber volume fraction and manufacturing winding angle.