• Journal of Digital Convergence
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• v.14 no.6
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• pp.51-60
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• 2016

The modern state has always followed a variety of risks in the industrialization and informatization trends in the development of science and technology. Under such an environment, A matter of State compensation should take into consideration a variety of values such as harmony relief victims' rights in accordance with the principles of the rule of law, suppression of illegal acts of public servants, ensuring stable performance of official duties, the national treasury stability. As the state takes responsibility for an act of a public servant in a modern constitutional state, there may be a doubt on that the state takes responsibility only when there is a deliberation or a mistake. According to the theory of the self-responsibility, which suits the Constitution, the principle of liability with mistake on the State Compensation Law shall be excluded. I agree to the opinion that a subjective responsibility prerequisite such as a deliberation or a mistake is not required in relation to the liability of reparation on the State Compensation Law. Therefore, it is needed to convert the principle of state liability of reparation from the principle of liability with mistake to the principle of liability without mistake through a fundamental revision of the State Compensation Law.

• Journal of KIISE:Computer Systems and Theory
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• v.30 no.5_6
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• pp.232-238
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• 2003

Traditional operating systems use a virtual memory to provide users with a bigger memory than a physical memory. The virtual memory augments the insufficient physical memory by the swap device. Since disks are usually used as the swap device, the cost of a page fault is relatively high compared to the access cost of the physical memory. Recently, numerous papers have investigated the Network RAM in order to exploit the idle memory in the network instead of disks. Since today's distributed systems are interconnected with high-performance networks, the network latency is far smaller than the disk access latency In this paper we design and implement the Network RAM using block device driver on Linux. This is the first implementation of the Network RAM on Linux. We propose the new reliability method to recover the page when the other workstation's memory is damaged. The system using the Network RAM as the swap device reduces the execution time by 40.3% than the system using the disk as the swap device. The performance results suggest that the new reliability method that use the processor more efficiently has the similar execution time with others, but uses smaller server memory and generates less message traffic than others.

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.139-171
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• 2018

The 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」(hereinafter referred to as 'the Act on Mediation of Medical Disputes') provides that the state should compensate the victims of medical accidents occurred irresistibly in childbirth despite that health and medical service personnel fulfilled their duty of care for their damage within the range of its budget(Article 46 of the Act on Mediation of Medical Disputes). Given that victims of medical accidents could expect demage recovery only through lawsuits thus far, this act can be said to be a groundbreaking act. However, However, as 30% of the costs for such medical accident compensation projects are borne by those who have records of childbirth among the founders of health and medical institutions (Article 21 of the Act on Mediation of Medical Disputes), there has been a question about whether doctors are held responsible despite that the accidents such as the deaths of mothers and newborn babies occurred irresistibly without doctors' fault. However, recently, the Constitutional Court ruled that 'the range of founders of health and medical institutions' and 'share ratios of finances for compensation' in Article 46 (3) of the Act on Mediation of Medical Disputes' related to the imposition of the share of costs are institutional (Constitutional Court ruling dated April 26, 2018, 2015Heonga13, hereinafter referred to as 'the ruling in the case'). Although the ruling in the case was made based on only the principle of statutory reservation and the principle of ban on comprehensive authorization, this paper added a practical judgment. This paper proved that the share of costs in this case has the nature of burden charges in pursuit of study and does not infringe on the property rights of the founders of health medical institutions even in light of the principle of proportionality because there is a legitimate reason for imposing the burden charge. The imposition of the share of costs in the system for compensation for medical accidents occurred irresistibly is against the principle of liability with fault in part. However, the medical accident compensation projects are rational a national policy for the victims of medical accidents and the medical world clearly gains some benefits from the effect to terminate medical disputes. The expansion of finances for compensation through the payments of the share of costs will reduce the suffering and misunderstanding of victims of medical accidents occurred in the process of childbirth and will be very helpful to the construction of stable treatment environments of medical workers by quickly establishing the medical accident compensation projects as such.

• Economic and Environmental Geology
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• v.41 no.3
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• pp.299-314
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• 2008

The NE-trending Honam shear zone is a broad, dextral strike-slip fault zone between the southern margin of the Okcheon Belt and the Precambrian Yeongnam Massif in South Korea and is parallel to the trend of Sinian deformation that is conspicuous in Far East Asia. In this paper, we report geochemical and isotopic(Sr and Nd) data of mylonitic quartz-muscovite Precambrian gneisses and surrounding foliated hornblende-biotite granitoids near the Myeongho area in the Yecheon Shear Zone, a representative segment of the Honam Shear Zone. Foliated hornblende-biotite granitoids commonly plot in the granodiorite field($SiO_2=61.9-67.1\;wt%$ and $Na_2O+K_2O=5.21-6.99\;wt%$) on $SiO_2$ vs. $Na_2O+K_2O$ discrimination diagram, whereas quartz-muscovite Precambrian orthogneisses plot in the granite field. The foliated hornblende-biotite granitoids are mostly calcic and calc-alkalic and are dominantly magnesian in a modified alkali-lime index(MALI) and Fe# [$=FeO_{total}(FeO_{total}+MgO)$] versus $SiO_2$ diagrams, which correspond with geochemical characteristics of Cordilleran Mesozoic batholiths. The foliated hornblende-biotite granitoids have molar ratios of $Al_2O_3/(CaO+Na_2O+K_2O)$ ranging from 0.89 to 1.10 and are metaluminous to weakly peraluminous, indicating I type. In contrast, Paleoproterozoic orthogneisses have peraluminous compositions, with molar ratios of $Al_2O_3/(CaO+Na_2O+K_2O)$ ranging from 1.11 to 1.22. On trace element spider diagrams normalized to the primitive mantle, the large ion lithophile element(LILE) enrichments(Rb, Ba, Th and U) and negative Ta-Nb-P-Ti anomalies of foliated hornblende-biotite granitoids and mylonitized quartz-muscovite gneisses in the Yecheon Shear Zone are features common to subduction-related granitoids and are also found in granitoids from a crustal source derived from the arc crust of active continental margin. ${\varepsilon}_{Nd}(T)$ and initial Sr-ratio ratios of foliated hornblende-biotite granitoids with suggest the involvement of upper crust-derived melts in granitoid petrogenesis. Foliated hornblende-biotite granitoids in the study area, together with the Yeongju Batholith, show not changing contents of specific elements(Ti, P, Zr, V and Y) from shear zone to the area near the shear zone. These results suggest that no volume changes and geochemical alterations in fluid-rich foliated hornblende-biotite granitoids may occur during deformation, which mass transfer by fluid flow into the shear zone is equal to the mass transfer out of the shear zone.

• The Korean Journal of Air & Space Law and Policy
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• v.22 no.2
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• pp.109-133
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• 2007

The legal labyrinth through which we have just walked is one in which even a highly proficient lawyer could easily become lost. Warsaw Convention's original objective of uniformity of private international aviation liability law has been eroded as the world community ha attempted again to address perceived problems. Efforts to create simplicity and certainty of recovery actually may have created less of both. In any particular case, the issue of which international convention, intercarrier agreement or national law to apply will likely be inconsistent with other decisions. The law has evolved faster for some nations, and slower for others. Under the Warsaw Convention of 1929, strict liability is imposed on the air carrier for damage, loss, or destruction of cargo, luggage, or goods sustained either: (1) during carriage in air, which is comprised of the period during which cargo is 'in charge of the carrier (a) within an aerodrome, (b) on board the aircraft, or (c) in any place if the aircraft lands outside an aerodrome; or (2) as a result of delay. By 2007, 151 nations had ratified the original Warsaw Convention, 136 nations had ratified the Hague Protocol, 84 had ratified the Guadalajara Protocol, and 53 nations had ratified Montreal Protocol No.4, all of which have entered into force. In November 2003, the Montreal Convention of 1999 entered into force. Several airlines have embraced the Montreal Agreement or the IATA Intercarrier Agreements. Only seven nations had ratified the moribund Guatemala City Protocol. Meanwhile, the highly influential U.S. Second Circuit has rendered an opinion that no treaty on the subject was in force at all unless both affected nations had ratified the identical convention, leaving some cases to fall between the cracks into the arena of common law. Moreover, in the United States, a surface transportation movement prior or subsequent to the air movement may, depending upon the facts, be subject to Warsaw, or to common law. At present, International private air law regime can be described as a "situation of utter chaos" in which "even legal advisers and judges are confused." The net result of this barnacle-like layering of international and domestic rules, standards, agreements, and criteria in the elimination of legal simplicity and the substitution in its stead of complexity and commercial uncertainty, which manifestly can not inure to the efficient and economical flow of world trade. All this makes a strong case for universal ratification of the Montreal Convention, which will supersede the Warsaw Convention and its various reformulations. Now that the Montreal Convention has entered into force, the insurance community may press the airlines to embrace it, which in turn may encourage the world's governments to ratify it. Under the Montreal Convention, the common law defence is available to the carrier even when it was not the sole cause of the loss or damage, again making way for the application of comparative fault principle. Hopefully, the recent entry into force of the Montreal Convention of 1999 will re-establish the international legal uniformity the Warsaw Convention of 1929 sought to achieve, though far a transitional period at least, the courts of different nations will be applying different legal regimes.

• The Korean Journal of Air & Space Law and Policy
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• v.9
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• pp.85-143
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• 1997

The main purpose of the investigation of an accident caused by aircraft is to be prevented the sudden and casual accidents caused by wilful misconduct and fault from pilots, air traffic controllers, hijack, trouble of engine and machinery of aircraft, turbulence during the bad weather, collision between birds and aircraft, near miss flight by aircrafts etc. It is not the purpose of this activity to apportion blame or liability for offender of aircraft accidents. Accidents to aircraft, especially those involving the general public and their property, are a matter of great concern to the aviation community. The system of international regulation exists to improve safety and minimize, as far as possible, the risk of accidents but when they do occur there is a web of systems and procedures to investigate and respond to them. I would like to trace the general line of regulation from an international source in the Chicago Convention of 1944. Article 26 of the Convention lays down the basic principle for the investigation of the aircraft accident. Where there has been an accident to an aircraft of a contracting state which occurs in the territory of another contracting state and which involves death or serious injury or indicates serious technical defect in the aircraft or air navigation facilities, the state in which the accident occurs must institute an inquiry into the circumstances of the accident. That inquiry will be in accordance, in so far as its law permits, with the procedure which may be recommended from time to time by the International Civil Aviation Organization ICAO). There are very general provisions but they state two essential principles: first, in certain circumstances there must be an investigation, and second, who is to be responsible for undertaking that investigation. The latter is an important point to establish otherwise there could be at least two states claiming jurisdiction on the inquiry. The Chicago Convention also provides that the state where the aircraft is registered is to be given the opportunity to appoint observers to be present at the inquiry and the state holding the inquiry must communicate the report and findings in the matter to that other state. It is worth noting that the Chicago Convention (Article 25) also makes provision for assisting aircraft in distress. Each contracting state undertakes to provide such measures of assistance to aircraft in distress in its territory as it may find practicable and to permit (subject to control by its own authorities) the owner of the aircraft or authorities of the state in which the aircraft is registered, to provide such measures of assistance as may be necessitated by circumstances. Significantly, the undertaking can only be given by contracting state but the duty to provide assistance is not limited to aircraft registered in another contracting state, but presumably any aircraft in distress in the territory of the contracting state. Finally, the Convention envisages further regulations (normally to be produced under the auspices of ICAO). In this case the Convention provides that each contracting state, when undertaking a search for missing aircraft, will collaborate in co-ordinated measures which may be recommended from time to time pursuant to the Convention. Since 1944 further international regulations relating to safety and investigation of accidents have been made, both pursuant to Chicago Convention and, in particular, through the vehicle of the ICAO which has, for example, set up an accident and reporting system. By requiring the reporting of certain accidents and incidents it is building up an information service for the benefit of member states. However, Chicago Convention provides that each contracting state undertakes collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation. To this end, ICAO is to adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with, among other things, aircraft in distress and investigation of accidents. Standards and Recommended Practices for Aircraft Accident Injuries were first adopted by the ICAO Council on 11 April 1951 pursuant to Article 37 of the Chicago Convention on International Civil Aviation and were designated as Annex 13 to the Convention. The Standards Recommended Practices were based on Recommendations of the Accident Investigation Division at its first Session in February 1946 which were further developed at the Second Session of the Division in February 1947. The 2nd Edition (1966), 3rd Edition, (1973), 4th Edition (1976), 5th Edition (1979), 6th Edition (1981), 7th Edition (1988), 8th Edition (1992) of the Annex 13 (Aircraft Accident and Incident Investigation) of the Chicago Convention was amended eight times by the ICAO Council since 1966. Annex 13 sets out in detail the international standards and recommended practices to be adopted by contracting states in dealing with a serious accident to an aircraft of a contracting state occurring in the territory of another contracting state, known as the state of occurrence. It provides, principally, that the state in which the aircraft is registered is to be given the opportunity to appoint an accredited representative to be present at the inquiry conducted by the state in which the serious aircraft accident occurs. Article 26 of the Chicago Convention does not indicate what the accredited representative is to do but Annex 13 amplifies his rights and duties. In particular, the accredited representative participates in the inquiry by visiting the scene of the accident, examining the wreckage, questioning witnesses, having full access to all relevant evidence, receiving copies of all pertinent documents and making submissions in respect of the various elements of the inquiry. The main shortcomings of the present system for aircraft accident investigation are that some contracting sates are not applying Annex 13 within its express terms, although they are contracting states. Further, and much more important in practice, there are many countries which apply the letter of Annex 13 in such a way as to sterilise its spirit. This appears to be due to a number of causes often found in combination. Firstly, the requirements of the local law and of the local procedures are interpreted and applied so as preclude a more efficient investigation under Annex 13 in favour of a legalistic and sterile interpretation of its terms. Sometimes this results from a distrust of the motives of persons and bodies wishing to participate or from commercial or related to matters of liability and bodies. These may be political, commercial or related to matters of liability and insurance. Secondly, there is said to be a conscious desire to conduct the investigation in some contracting states in such a way as to absolve from any possibility of blame the authorities or nationals, whether manufacturers, operators or air traffic controllers, of the country in which the inquiry is held. The EEC has also had an input into accidents and investigations. In particular, a directive was issued in December 1980 encouraging the uniformity of standards within the EEC by means of joint co-operation of accident investigation. The sharing of and assisting with technical facilities and information was considered an important means of achieving these goals. It has since been proposed that a European accident investigation committee should be set up by the EEC (Council Directive 80/1266 of 1 December 1980). After I would like to introduce the summary of the legislation examples and system for aircraft accidents investigation of the United States, the United Kingdom, Canada, Germany, The Netherlands, Sweden, Swiss, New Zealand and Japan, and I am going to mention the present system, regulations and aviation act for the aircraft accident investigation in Korea. Furthermore I would like to point out the shortcomings of the present system and regulations and aviation act for the aircraft accident investigation and then I will suggest my personal opinion on the new and dramatic innovation on the system for aircraft accident investigation in Korea. I propose that it is necessary and desirable for us to make a new legislation or to revise the existing aviation act in order to establish the standing and independent Committee of Aircraft Accident Investigation under the Korean Government.

• Economic and Environmental Geology
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• v.40 no.6
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• pp.713-726
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• 2007

The Daebong deposit consists of gold-silver-bearing mesothermal massive quartz veins which fill fractures along fault zones($N10{\sim}20^{\circ}W,\;40{\sim}60^{\circ}SW$) within banded gneiss or granitic gneiss of Precambrian Gyeonggi massif. Ore mineralization of the deposit is composed of massive white quartz vein(stage I) which was formed in the same stage by multiple episodes of fracturing and healing and transparent quartz vein(stage II) which is separated by a major faulting event. The hydrothermal alteration of stage I is sericitization, chloritization, carbonitization, pyritization, silicification and argillization. Sericitic zone occurs near and at quartz vein and includes mainly sericite, quartz, and minor illite, carbonates and epidote. Chloritic zone occurs far from quartz vein and is composed of mainly chlorite, quartz and minor sericite, carbonates and epidote. Fe/(Fe+Mg) ratios of sericite and chlorite range 0.36 to 0.59($0.51{\pm}0.10$) and 0.66 to 0.73($0.70{\pm}0.02$), and belong to muscovite-petzite series and brunsvigite, respectively. Calculated $Al_{IV}-Fe/(Fe+Mg)$ diagrams of sericite and chlorite suggest that this can be a reliable indicator of alteration temperature in Au-Ag deposits. Calculated activities of chlorite end member are $a3(Fe_5Al_2Si_3O_{10}(OH){_6}=0.00964{\sim}0.0291,\;a2(Mg_5Al_2Si_3O_{10}(OH){_6}= 9.99E-07{\sim}1.87E-05,\;a1(Mg_6Si_4O_{10}(OH){_6}=5.61E-07{\sim}1.79E-05$. It suggest that chlorite from the Daebong deposit is iron-rich chlorite formed due to decreasing temperature from $T>450^{\circ}C$. Calculated $log\;{\alpha}K^+/{\alpha}H^+,\;log\;{\alpha}Na^+/{\alpha}H^+,\;log\;{\alpha}Ca^{2+}/{\alpha}^2H^+$ and pH values during wall-rock alteration are $4.6(400^{\circ}C),\;4.1(350^{\circ}C),\;4.0(400^{\circ}C),\;4.2(350^{\circ}C),\;1.8(400^{\circ}C),\;4.5(350^{\circ}C),\;5.4{\sim}6.5(400^{\circ}C)\;and\;5.1{\sim}5.5(350^{\circ}C)$, respectively. Gain elements (enrichment elements) during wallrock alteration are $K_2O,\;P_2O_5,\;Na2O$, Ba, Sr, Cr, Sc, V, Pb, Zn, Be, Ag, As, Ta and Sb. Elements(Sr, V, Pb, Zn, As, Sb) represent a potentially tools for exploration in mesothermal and epithermal gold-silver deposits.

• Economic and Environmental Geology
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• v.42 no.3
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• pp.177-193
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• 2009

The Samgwang deposit consists of eight massive mesothermal quartz veins that filled NE and NW-striking fractures along fault zones in Precambrian granitic gneiss of the Gyeonggi massif. The mineralogy and paragenesis of the veins allow two separate discrete mineralization episodes(stage I=quartz and calcite stage, stage II-calcite stage) to be recognized, temporally separated by a major faulting event. The ore minerals are contained within quartz and calcite associated with fracturing and healing of veins that occurred during both mineralization episodes. The hydrothermal alteration of stage I is sericitization, chloritization, carbonitization, pyritization, silicification and argillization. Sericitic zone occurs near and at quartz vein and include mainly sericite, quartz, and minor illite, carbonates and chlorite. Chloritic zone occurs far from quartz vein and is composed of mainly chlorite, quartz and minor sericite, carbonates and epidote. Fe/(Fe+Mg) ratios of sericite and chlorite range 0.45 to 0.50(0.48$\pm$0.02) and 0.74 to 0.81(0.77$\pm$0.03), and belong to muscovite-petzite series and brunsvigite, respectiveIy. Calculated $Al_{IV}$-FE/(FE+Mg) diagrams of sericite and chlorite suggest that this can be a reliable indicator of alteration temperature in Au-Ag deposits. Calculated activities of chlorite end member are $a3(Fe_5Al_2Si_3O_{10}(OH)_6$=0.0275${\sim}$0.0413, $a2(Mg_5Al_2Si_3O_{10}(OH)_6$=1.18E-10${\sim}$7.79E-7, $a1(Mg_6Si_4O_{10}(OH)_6$=4.92E-10${\sim}$9.29E-7. It suggest that chlorite from the Samgwang deposit is iron-rich chlorite formed due to decreasing temperature from high temperature(T>450$^{\circ}C$). Calculated ${\alpha}Na^+$, ${\alpha}K^+$, ${\alpha}Ca^{2+}$, ${\alpha}Mg^{2+}$ and pH values during wallrock alteration are 0.0476($400^{\circ}C$), 0.0863($350^{\circ}C$), 0.0154($400^{\circ}C$), 0.0231($350^{\circ}C$), 2.42E-11($400^{\circ}C$), 7.07E-10($350^{\circ}C$), 1.59E-12($400^{\circ}C$), 1.77E-11($350^{\circ}C$), 5.4${\sim}$6.4($400^{\circ}C$), 5.3${\sim}$5.7($350^{\circ}C$)respectively. Gain elements(enrichment elements) during wallrock alteration are $TiO_2$, $Fe_2O_3(T)$,CaO, MnO, MgO, As, Ag, Cu, Zn, Ni, Co, W, V, Br, Cs, Rb, Sc, Bi, Nb, Sb, Se, Sn and Lu. Elements(Ag, As, Zn, Sc, Sb, Rb, S, $CO_2$) represents a potential tools for exploration in mesothermal and epithermal gold-silver deposits.