• Journal of Korea Port Economic Association
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• v.30 no.4
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• pp.111-130
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• 2014

The article 742(2) of the Korean Commercial Code allowed the third party to invoke a direct action against the insurer under a liability insurance. Meanwhile, the owners of the vessel enter into the P&I Insurance Contract with the P&I Club to indemnify all kinds of liability or expenses involved in the operation of its vessel. However, the Rule Book under the P&I Insurance mostly included the Pay to be Paid Clause which precludes the third party's direct action. Recently, the Seoul Central District Court passed a judgement on the validity of the Pay to be Paid Clause under the Korean law against the third party i.e. the cargo insurer having the right of subrogation. The court held that (1) the third party's right of direct action is not the right to claim insurance money but the right to claim damages against the P&I Club, (2) the insurer under a liability insurance is deemed to assume liability jointly and severally with the insured against the third party, (3) the Article 742(2) of the Korean Commercial Code is considered as a compulsory provision because it was invented to protect the innocent third party, the Paid to be Paid Clause is thus null and void. The purpose of this article is to evaluate the appropriateness of this court's judgments by comparative analysis of Korean and English law, and to suggest the relevant amendments of the Korean Commercial Code in order to prevent further legal disputes. The article criticizes the decision of the Seoul Central District Court, taking the attitude that, since the third party's right is the right to claim insurance money, the Paid to be Paid Clause is valid against the third party.

• Journal of Intelligence and Information Systems
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• v.21 no.1
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• pp.65-82
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• 2015

Recently, there has been a surge of interest in finding core issues and analyzing emerging trends for the future. This represents efforts to devise national strategies and policies based on the selection of promising areas that can create economic and social added value. The existing studies, including those dedicated to the discovery of future promising fields, have mostly been dependent on qualitative research methods such as literature review and expert judgement. Deriving results from large amounts of information under this approach is both costly and time consuming. Efforts have been made to make up for the weaknesses of the conventional qualitative analysis approach designed to select key promising areas through discovery of future core issues and emerging trend analysis in various areas of academic research. There needs to be a paradigm shift in toward implementing qualitative research methods along with quantitative research methods like text mining in a mutually complementary manner. The change is to ensure objective and practical emerging trend analysis results based on large amounts of data. However, even such studies have had shortcoming related to their dependence on simple keywords for analysis, which makes it difficult to derive meaning from data. Besides, no study has been carried out so far to develop core issues and analyze emerging trends in special domains like the aviation industry. The change used to implement recent studies is being witnessed in various areas such as the steel industry, the information and communications technology industry, the construction industry in architectural engineering and so on. This study focused on retrieving aviation-related core issues and emerging trends from overall research papers pertaining to aviation through text mining, which is one of the big data analysis techniques. In this manner, the promising future areas for the air transport industry are selected based on objective data from aviation-related research papers. In order to compensate for the difficulties in grasping the meaning of single words in emerging trend analysis at keyword levels, this study will adopt topic analysis, which is a technique used to find out general themes latent in text document sets. The analysis will lead to the extraction of topics, which represent keyword sets, thereby discovering core issues and conducting emerging trend analysis. Based on the issues, it identified aviation-related research trends and selected the promising areas for the future. Research on core issue retrieval and emerging trend analysis for the aviation industry based on big data analysis is still in its incipient stages. So, the analysis targets for this study are restricted to data from aviation-related research papers. However, it has significance in that it prepared a quantitative analysis model for continuously monitoring the derived core issues and presenting directions regarding the areas with good prospects for the future. In the future, the scope is slated to expand to cover relevant domestic or international news articles and bidding information as well, thus increasing the reliability of analysis results. On the basis of the topic analysis results, core issues for the aviation industry will be determined. Then, emerging trend analysis for the issues will be implemented by year in order to identify the changes they undergo in time series. Through these procedures, this study aims to prepare a system for developing key promising areas for the future aviation industry as well as for ensuring rapid response. Additionally, the promising areas selected based on the aforementioned results and the analysis of pertinent policy research reports will be compared with the areas in which the actual government investments are made. The results from this comparative analysis are expected to make useful reference materials for future policy development and budget establishment.

• Korean Journal of Veterinary Research
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• v.35 no.3
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• pp.603-613
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• 1995

Plasma progesterone($P_4$) assay has been introduced to apply to the differential diagnosis of reproductive disorders and the monitoring of responses of ovarian dysfunction to $PGF_2{\alpha}$ or GnRH treatment in the 204 postpartum and postinsemination subestrus dairy cows. 1. The incidence rate of reproductive disorders in 204 subestrus cows, diagnosed by palpation per rectum and plasma $P_4$ determination using 'Two sample test'(Day 0+Day 10) were as follows; silent heat or error of estrus detection 110(53.9%), persistent corpus luteum 26(12.7%), follicular cyst 16(7.8%), inactive ovary 12(5.9%), luteal cyst 11(5.4%), granulosa cell tumor of ovary 1(0.5%), fetal mummification 1(0.5%), endometritis 15(7.4%) and pyometra 12(5.9%), respectively. 2. After the $PGF_2{\alpha}$ treatment to the 76 cows with silent heat or error of estrus detection, persistent corpus luteum, or luteal cyst, plasma $P_4$ concentrations at day 3 post treatment using 'Two sample test'(Day 0+Day 3) remained low(<1.0ng/ml) in all 76 cows. Therefore all 76 cows responded positively to $PGF_2{\alpha}$ treatment. Seventeen cows with follicular cyst or inactive ovary were treated with GnRH. All 7 cows with follicular cyst and 4 cows with inactive ovary remained high($${\geq_-}1.0ng/ml$$) a plasma $P_4$ concentrations at day 12 post treatment using 'Two sample test'(Day 0+Day 12), but 6 cows with inactive ovary remained low(<1.0ng/ml) a plasma $P_4$ concentrations. Therefore all 7 cows with follicular cyst and 4 cows with inactive ovary responded positively, but 6 cows with inactive ovary responded negatively to GnRH treatment. 3. The mean days from treatment to first service, number of cows conceived on first service(%), mean number of services per conception, mean days from initial treatment to conception, and mean number of cows conceived by 100 days post treatment(%) were 5.0 and 26.2 days, 45(59.2%) and 6(35.3%) cows, 1.5 and 1.7 services, 13.6 and 22.6 days, and 62(81.6%) and 9(52.9%) cows in group of $PGF_2{\alpha}$ and GnRH treatment, respectively. These results indicated that plasma $P_4$ assay was practical as an aid to diagnosing reproductive disorders and to monitoring responses of ovarian dysfunction to $PGF_2{\alpha}$ and GnRH treatment in subestrus cows.

• Korean Journal of Organic Agriculture
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• v.7 no.1
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• pp.115-127
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• 1998

Under the visual judgement of consumers, to reduce nitrate intake through vegetables, this experimentation analyzed the content of nitrate, in heading leaf vegetables such as chinese cabbage(Brassica campestris L. ssp. perkinensis (Lour.) Rupr), cabbage(Brassica oleracea L. var. capitata) and lettuce(Lactuca sativa L.) by the leaf number. And the result is summarized as follows In the nitrate content change by the leaf number, the nitrate content is increased as it goes by from inner leaf to outer leaf and the nitrate content in leaf midrib is higher than that in leaf blade. In case of chinese cabbage, the nitrate content in the leaf midrib from the most inner leaf to the most outer leaf changed 40-3,177ppm and in the leaf blade it changed 40-2,887ppm. But the nitrate content in the leaf blade of cabbage from the most inner leaf to the most outer leaf changed 89~2,297ppm and in the leaf blade it changed 25~765ppm. In case of lettuce, the nitrate content change of the leaf midrib by the leaf position was 419~4,349ppm, and in the leaf blade it changed 260~2894ppm. It was conclude that the outer leaf of chinese cabbage, cabbage and lettuce should be removed to keep the lower nitrate intake by population before it is consumed.

• Journal of Nutrition and Health
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• v.46 no.5
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• pp.440-446
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• 2013

The purposes of this study are to assess the diet and nutritional states of elementary and middle school students in the Daegu area by using nutrition quotient (NQ) for children. A survey was conducted with 366 elementary school students and 364 middle school students. Elementary school students showed higher total NQ scores (66.2) than middle school students (58.3), without gender difference. Elementary school students showed higher NQ scores in all 5 domains (balance, diversity, abstinence, regularity, practice) than middle school students. As for gender difference, boys showed higher scores than girls in balance and diversity, and girls showed higher scores in abstinence than boys. When scores of 5 domains were evaluated as good or bad, the percentage of good was highest in abstinence (63.4%) and lowest in diversity (22.9%). The percentage distribution of NQ of 1st (excellent) to 5th (bad) grades were 8.4%, 13.6%, 44.5%, 19.3%, 14.2%, respectively. In the 1st grade, there were 9.5%p more elementary school students, and in the 5th grade, there were 11.6%p more middle school students. No gender differences were found in the distribution of the NQ grades. Since NQ for children presents a convenient method of evaluating the diet and nutritional states of many subjects simply and simultaneously, a follow-up study will hopefully revise and supplement the question items and standards of judgement by the age groups.

• Journal of Legislation Research
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• no.44
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• pp.611-653
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• 2013

An whistle-blowing is recognition of acts of misconduct or corruption by individuals(laborers) or party which belongs to a certain organization and it refers to the act of informing to the senior organization or to the outside public agency to avoid jeopardies that could be potentially lead against benefit of the public. These whistle-blowings can be a Ansatz that improve corporation's transparency and accountability by prevention of enterprise's misconduct as well, it has been recognized as an important role for the establishment of corporate ethics, moreover, social justice. What to be treated primarily as labor law problem is arousing some controversies of the possibility that the public announcement could be whether a disciplinary punishment or not because it brings some mischievous effects for the honor and the reputation to the company which conducted the illegal actions and the action of the contrary to the social value. And futhermore, recently, the matter of compensational responsibility according to the arrangement conversion, bullying followed by the informant has been brought up. The fundamental standpoint of precedent related with the judgement of justification for the punishment as reason of the whistle-blowing ought to do the sincere duty for the labor contract which is the employees are supposed to consider the employer's profits. For that reason, if the emploee release the inside fact to the public and give any damages to employer's secret or confidence or honor, it will be a causing reasong of the disciplinary punishment, but in specific cases, the relevant and level of punishment limitation can be judged by the contents of public announcement and the truth, the purpose of the acts and details and the way of announcement. Precisely, on the assumption that there are necessity of the characteristic profit or the freedom of expression for the informant, with overall consideration whether or the basis part of the informant is true or there is a fair reason which make the informant believe is true or the purpose of informant has the public profit or the contents of the whistle-blowing are important for relevant organization or the means and the way was suitable, if the whistle-blowing are approved to be resonable, the organization are not permitted the reprimand or dismiss Futhermore, to find the solution for the issues of the disciplinary punishment and the treatment of all sorts of disadvantages, for the reason of whistle-blowing, since the protection law for public declarer which was enacted in last 2011 have the position as the general law, the purport of the equal law has to be considered sytematically and also the judicial precedent which is related to the justification of whistle-blowing are needed to be considered as well.

• The Korean Journal of Archival Studies
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• no.18
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• pp.257-280
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• 2008

The purpose of this paper is reviewing the hot issue called 'draining away the presidential records' case occurred recently and finding the root cause why the state of affairs has been happened in Korea. Though the presidential records management law ensures the rights for the prior president to view his presidential records, the prior president has copied his presidential records produced while in office and moved to his private house at his retirement. He might have interpreted his right to his presidential records too broadly and done the 'draining away' them. There was a motive why the prior president did that at that time. The reason was because the National Archives didn't guarantee the services for right viewing the records to him who wanted to review his records from right after his retirement. The National Archives have judged the draining away the prior presidential records as illegal and accused a few public servants suspected to be responsible for the affairs. The formal accuser is the National Archives, but the actual accuser might be the current Presidential Secretariat. Whatever the results of juristic judgement are, the reason why the records management field should focus and treat this case importantly is that the collapse possibility of the protection wall needed essentially and critically to the Presidential records becomes very high. The root cause of this case might exist in the fact that the records and archives management organizations have not owned the political independence. But the National Archives has submitted the revised bill of the public records and archives management law which lower the position of the National Records Management Committee controlled under from the Prime Minister to the Ministry of Administration and Security. It might be hot concern that the records and archives management organizations have difficulty for keeping the political independence if the revision would be passed. Besides the political independence factor, the most important factor needed for the right records management is the establishing the professional specificity of records management. The specific action for the establishing professional specificity would be employing of specialists and introducing the open official appointment. But it was found from the reorganization after the governmental change that the professional specificity of the National Archives have been reduced. Although the policies introduced by the new government are worrying, it might be an inheritance from the prior government. If new government would build establish the institution for the political independence of the records and archives management organizations and expand the employment of the records management professions to the local government, these affairs can be not only the responsibilities but also the achievements of the new government.

• The Journal of Korean Philosophical History
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• no.56
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• pp.47-80
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• 2018

The traditional laws of Korea have undergone various stages of development over time. This includes the voluntary standards of the clean society. Korea's traditional legal systems, ranging from those of the Goryeo(高麗) to those of the Republic of Korea, have taken Confucian Phiosophy as their major ideological bases. At the center of these Confucian ideals, particularly in regards to pre-Qin Confucian Philosophy(先秦儒家思想) from where these ideals originated, lie the core ideals which emphasize the responsibility of each individual regardless of the social status(正名), the needs for a democracy in which people are empower and guide the state(民本), the importance of reigning with benevolence, moral excellence, and rite (仁義), and the differential love centered on kinship and humanity(親親愛人). These were the ideas as set forth by Confucius(孔子), Mencius(孟子) and Xun Zi(荀子). The current laws of Korea, especially in regards to the Constitution and the Civil and Criminal Laws, include a number of provisions that contain the Confucian Ideas of Law. The Constitution, in particular, which is also supported by the judgement of the Constitution Court, reflects several core Confucian ideals including filial duty (孝) and respect for ascendants and the traditional culture. The Court also suggested the two important standards of the constitutional legitimacy of the Traditional Culture. One is 'Age Compatibility (時代 適合性)', the other is 'Manifested Universally Validity(現在的 普遍妥當性)'. So we have burdened with the reestablishment of the Universal Ethics of the Confucian Ideology.

• Journal of Korean Society of Coastal and Ocean Engineers
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• v.34 no.2
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• pp.37-45
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• 2022

A simplified model using the lifetime distribution has been presented to estimate the Mean Residual Life (MRL) of rubble-mound breakwaters, which is not like a stochastic process model based on time-dependent history data to the cumulative damage progress of rubble-mound breakwaters. The parameters involved in the lifetime distribution can be easily estimated by using the upper and lower limits of lifetime and their likelihood that made a judgement by several experts taking account of the initial design lifetime, the past sequences of loads, and others. The simplified model presented in this paper has been applied to the rubble-mound breakwater with TTP armor layer. Wiener Process (WP)-based stochastic model also has been applied together with Monte-Carlo Simulation (MCS) technique to the breakwater of the same condition having time-dependent cumulative damage to TTP armor layer. From the comparison of lifetime distribution obtained from each models including Mean Time To Failure (MTTF), it has found that the lifetime distributions of rubble-mound breakwater can be very satisfactorily fitted by log-normal distribution for all types of cumulative damage progresses, such as exponential, linear, and logarithmic deterioration which are feasible in the real situations. Finally, the MRL of rubble-mound breakwaters estimated by the simplified model presented in this paper have been compared with those by WP stochastic process. It can be shown that results of the presented simplified model have been identical with those of WP stochastic process until any ages in the range of MTT F regardless of the deterioration types. However, a little of differences have been seen at the ages in the neighborhood of MTTF, specially, for the linear and logarithmic deterioration of cumulative damages. For the accurate estimation of MRL of harbor structures, it may be desirable that the stochastic processes should be used to consider properly time-dependent uncertainties of damage deterioration. Nevertheless, the simplified model presented in this paper can be useful in the building of the MRL-based preventive maintenance planning for several kinds of harbor structures, because of which is not needed time-dependent history data about the damage deterioration of structures as mentioned above.

• Journal of Korean Tunnelling and Underground Space Association
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• v.23 no.6
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• pp.469-484
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• 2021

Rock mass classification results have a great influence on construction schedule and budget as well as tunnel stability in tunnel design. A total of 3,526 tunnels have been constructed in Korea and the associated techniques in tunnel design and construction have been continuously developed, however, not many studies have been performed on how to assess rock mass quality and grade more accurately. Thus, numerous cases show big differences in the results according to inspectors' experience and judgement. Hence, this study aims to suggest a more reliable rock mass classification (RMR) model using machine learning algorithms, which is surging in availability, through the analyses based on various rock and rock mass information collected from boring investigations. For this, 11 learning parameters (depth, rock type, RQD, electrical resistivity, UCS, V_p, V_s, Young's modulus, unit weight, Poisson's ratio, RMR) from 13 local tunnel cases were selected, 337 learning data sets as well as 60 test data sets were prepared, and 6 machine learning algorithms (DT, SVM, ANN, PCA & ANN, RF, XGBoost) were tested for various hyperparameters for each algorithm. The results show that the mean absolute errors in RMR value from five algorithms except Decision Tree were less than 8 and a Support Vector Machine model is the best model. The applicability of the model, established through this study, was confirmed and this prediction model can be applied for more reliable rock mass classification when additional various data is continuously cumulated.