• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.145-166
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• 2012

This article examines the limitations of the choice of law caused by Internationally Mandatory Rules in Entering into the Turn-Key Contracts. In June 2007, Clough Engineering, a corporation based in Western Australia, approached the Federal Court of Australia seeking injunctive relief and leave to commence proceedings against an entity located outside Australia, the Oil & Natural Gas Corp of India (ONGC). Clough had contracted with ONGC to provide a range of services in relation to the construction of gas and oil wells off the coast of India. The contract was governed by Indian law, and included a clause by which the parties agreed to submit their disputes to arbitration. Yet the Federal Court assumed jurisdiction over the dispute, principally because Clough had framed its claim as a plea for relief for contraventions of Australia's Trade Practices Act 1974. The result of this cases that it is possible for an arbitral tribunal to hear a claim made under the Trade Practices Act even if that claim arises "in connection with"a contract the proper law of which is not the law of Australia. However, in Transfield Philippines Inc v Pacific Hydro Ltd, the turnkey contract included a choice of law provision, selecting the law of the Philippines, and a clause providing that all disputes arising out of or in connection with the agreement were to be arbitrated under the ICC Rules, with the seat in Singapore. Hearings were in fact conducted in Melbourne, Australia, although all awards were published in Singapore. The result of this cases that it would not be appropriate for an Australian court to adjudicate claims for misrepresentation under Australian statutes dealing with misleading and deceptive conduct, once the arbitral tribunal had determined, applying appropriate choice of law rules, that such claims are governed by the law of the Philippines. To do so would lead to a multiplicity of proceedings, usurp the jurisdiction of the tribunal and deny the intention of the parties as expressed by them in the arbitration agreement. In short, the Internationally Mandatory Rules as an active part of public order create limitation of party autonomy in choice of law rules in a different way. The court is fully entitled to refuse to use those rules of law applicable on the contract which are in the contradiction to the internationally mandatory rules of law of the forum. And the court may give an effect to those Internationally Mandatory Rules that form a part of a law of foreign country when deciding about applicability of certain rules of applicable law.

• Proceedings of the Korea Water Resources Association Conference
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• 2009.05a
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• pp.1865-1869
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• 2009

본 연구에서는 ADCP를 이용하여 국내 하천에서의 연직유속분포 특성을 살펴보았다. 먼저, 김치영 등 (2004)의 10점법 측정 자료와의 비교를 통하여 power law와 log law로 ADCP의 측정불가역의 유속분포를 추정하는 방법을 검증하였다. 또한, 국내 하천의 다양한 흐름조건을 고려한 4개 지점, 총 26개 자료를 사용하여 각각의 ADCP 측정자료마다 최적의 power 식과 log 식을 구했으며, 이 식들로부터 구한 수심평균유속을 ADP-stationary (고정된 지수 1/6)의 평균유속과 비교하였다. 그 결과 power law로 ADCP 측정불가역을 외삽하는 경우 하천의 흐름에 적절한 지수를 사용했는지 여부가 평균유속의 정확도에 큰 영향을 미침을 확인하였다. 이에, Limerinos (1970)의 조도계수 계산식과 ISO (1997)에 제시된 power law 지수식을 토대로 측정 자료의 power law 지수와 하상재료, 수심의 상관관계를 살펴보았다.

• Journal of Korean Library and Information Science Society
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• v.23
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• pp.471-503
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• 1995

Originally [descriptive review] is widely used by general reader. In contrast with this, [critical review] is generally used by librarian and researcher. Like this, book review is divided into descriptive review and critical review. Besides, the present writer su n.0, pposes to make additions to [interpretative review]. In this study, the present writer tries to realize full-scale review concerning [The Root Problem of Law Philosophy/Kim, Pyong-Kyu] by critical review and interpretative review. Together, the contents on which the critical review of law philosophy is based on were investigated as follows: (1) The law and metaphor (2) The Oriental law and natural law (3) The golden rule in the Orient (4) The ideology and justice of Confucianism (5) The justice in Confucian thought (6) The essay on justice of the West and the Orient (7) The significance of the Oriental morality (8) The relation of morality, ceremony and law (9) The essay on conscience (10) The essay on conscience of the Orient and the West

• Korean Journal of Heritage: History & Science
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• v.50 no.2
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• pp.26-39
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• 2017

Natural monument system was originally developed as an environmental movement and introduced in Korea during Japanese Colonization. Korea, Japan and Germany are the countries that have the natural monument systems. They are controlled by the Cultural Properties Protection Law in Korea and Japan but by the law of the protection of natural environment in Germany. For that reason the progress of the law and policy directions are similar between Japan and Korea. The natural monument system of Korea has been in use since 1930s, but the values and conditions of natural monument systems have changed over time. In terms of contents, these days cultural identity involved are getting more important than the natural scenic and ecological values, or rarity of plants. Also it's a trend to expand the preserved area around cultural properties which have been preserved on individual basis before. Finally it is necessary to discover and manage the registered cultural properties as potential designated cultural properties by creating the registration standard for natural heritage.

• Advances in nano research
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• v.13 no.3
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• pp.207-216
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• 2022

In this paper, a novel model is developed for frequency behavior of single walled carbon nanotubes. The governing equation of motion is constructed method based on the Sander theory using Rayleigh-Ritz's method The frequencies enhances on increasing the power law index using simply supported, clamped and clamped free end conditions. The frequency curve for C-F is less than other conditions. It is due to the physical constraints which are applied on the edge of the CNT. It is observed that the C-F boundary condition have less frequencies from the other two conditions. The frequency phenomena for zigzag are insignificant throughout the aspect ratio. Moreover when index of power law is increased then frequencies increases for all boundary conditions. The natural frequency mechanism for the armchair (10, 10) for various values of power law index with different boundary conditions is investigated. Here frequencies decrease on increases the aspect ratio for all boundary conditions. The frequency curves of SS-SS edge condition is composed between the C-C and C-F conditions. The curves of frequency are less significant from small aspect ratio (L/d = 4.86 ~ 8.47) and decreases fast for greater ratios. It is found that the frequencies via aspect ratios, armchair (10, 10) have higher values from zigzag (10, 0). It is due to the material structure which is made by the carbon nanotubes. The power law index have momentous effect on the vibration of single walled carbon nanotubes. The present frequency result is also compared numerically experimentally with Raman Spectroscopy.

• Structural Engineering and Mechanics
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• v.55 no.3
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• pp.473-494
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• 2015

A graded harmonic finite element formulation based on three-dimensional elasticity theory is developed for the structural analysis of 2D functionally graded axisymmetric structures. The mechanical properties of the axisymmetric solid structures composed of two different metals and ceramics are assumed to vary in radial and axial directions according to power law variations as a function of the volume fractions of the constituents. The material properties of the graded element are calculated at the integration points. Effects of material distribution profile on the static deformation, natural frequency and dynamic response analyses of particular axisymmetric solid structures are investigated by changing the power law exponents. It is observed that the displacements, stresses and natural frequencies are severely affected by the variation of axial and radial power law exponents. Good accuracy is obtained with fewer elements in the present study since Fourier series expansion eliminates the need of finite element mesh in circumferential direction and continuous material property distribution within the elements improves accuracy without refining the mesh size in axial and radial directions.

• Bulletin of the Korean Mathematical Society
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• v.40 no.2
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• pp.341-349
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• 2003

Let {$x_{nk}\;$\mid$1\;\leq\;k\;\leq\;n,\;n\;\geq\;1$} be an array of random varianbles and $\{a_n$\mid$n\;\geq\;1\}\;and\;\{b_n$\mid$n\;\geq\;1} be a sequence of constants with $a_n\;>\;0,\;b_n\;>\;0,\;n\;\geq\;1. In this paper, for array of row negatively associated(NA) random variables, we establish a general weak law of large numbers (WLLA) of the form (${\sum_{\kappa=1}}^n\;a_{\kappa}X_{n\kappa}\;-\;\nu_{n\kappa})\;/b_n$ converges in probability to zero, as $n\;\rightarrow\;\infty$, where {$\nu_{n\kappa}$\mid$1\;\leq\;\kappa\;\leq\;n,\;n\;\geq\;1$} is a suitable array of constants.

• Honam Mathematical Journal
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• v.30 no.3
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• pp.479-486
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• 2008

Let {${\Omega}$, F, P} be a probability space and {$X_n{\mid}n{\geq}1$} be a sequence of random variables defined on it. We study the Hajeck-Renyi-type inequality for p..mixing random variable sequences and obtain the strong law of large numbers by using this inequality. We also consider the strong law of large numbers for weighted sums of ${\tilde{\rho}}$-mixing sequences.

• Journal of Environmental Science International
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• v.23 no.12
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• pp.2107-2120
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• 2014

Natural environmental protection system in North Korea is rarely understood mainly because of lack of information in scientific and legislative fields. Legislation is very important to achieve goal for protected areas, which are described in "Natural Protected Area Law(NPAL)". Cabinet of North Korea has authorities to lead the Central Agency for Land and Environment Conservation(CALEC). Designation and managements of natural protected areas are regarded as CALEC and local governments responsibilities. There are many differences between South and North Korea. Especially legislation system has many differences. North Korea's Labor Party is superior to the Government and Labor Party's order has at least the same authority to regulate and manage the national policy and means. With NPAL, CALEC organizes the national plan for natural protected area and regulate the activities of the Agencies for Land and Environment Conservation in the aspects of action plan, budget and other resources. For the reunification in the future, legislation system of North Korea should be understood.

• Nuclear Engineering and Technology
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• v.54 no.12
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• pp.4759-4775
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• 2022

The RVACS is a versatile and robust safety system driven by two natural circulations: in-vessel coolant and ex-vessel air. To observe interaction between the two natural circulations, SINCRO-IT facility was designed with two different similarity laws simultaneously. Bo' based similarity law was employed for the in-vessel, while Ishii's similarity law for the ex-vessel excluding the radiation. Compared to the prototype, the sodium and air system, SINCRO-IT was designed with Wood's metal and air, having 1:4 of the length reduction, and 1.68:1 of the time scale ratio. For the steady state, RV temperature limit was violated at 0.8% of the decay heat, while the sodium boiling was predicted at 1.3%. It showed good accordance with the system code, TRACE. For an arbitrary re-criticality scenario with RVACS solitary operation, sodium boiling was predicted at 25,100 s after power increase from 1.0 to 2.0%, while the system code showed 30,300. Maximum temperature discrepancy between the experiments and system code was 4.2%. The design and methodology were validated by the system code TRACE in terms of the convection, and simultaneously, the system code was validated against the simulating experiments SINCRO-IT. The validated RVACS model could be imported to further accident analysis.