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A Study on How to Cope with the Abusive Call on On-demand Bonds (독립적 보증과 그 부당한 청구에 대한 대응방안 연구)

  • KIM, Seung-Hyeon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.261-301
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    • 2016
  • Recently the abusive calls on on-demand bonds have been a critical issue among many engineering and construction companies in Korea. On-demand bond is referred to as an independent guarantee in the sense that the guarantee is independent from its underlying contract although it was issued based on such underlying contract. For this reason, the issuing bank is not required to and/or entitled to look into whether there really is a breach of underlying contract in relation to the call on demand-bonds. Due to this kind of principle of independence, the applicant has to run the risk of the on demand bond being called by the beneficiary without due grounds. Only where the call proves to be fraudulent or abusive in a very clear way, the issuing bank would not be obligated to pay the bond proceeds for the call on on-demand bonds. In order to prevent the issuing bank from paying the proceeds under the on-demand bond, the applicant usually files with its competent court an application for injunction prohibiting the beneficiary from calling against the issuing bank. However, it is in practice difficult for the applicant to prove the beneficiary's call on the bond to be fraudulent since the courts in almost all the jurisdictions of advanced countries require very strict and objective evidences such as the documents which were signed by the owner (beneficiary) or any other third party like the engineer. There is another way of preventing the beneficiary from calling on the bond, which is often utilized especially in the United Kingdom or Western European countries such as Germany. Based upon the underlying contract, the contractor which is at the same time the applicant of on-demand bond requests the court to order the owner (the beneficiary) not to call on the bond. In this case, there apparently seems to be no reason why the court should apply the strict fraud rule to determine whether to grant an injunction in that the underlying legal relationship was created based on a construction contract rather than a bond. However, in most jurisdictions except for United Kingdom and Singapore, the court also applies the strict fraud rule on the ground that the parties promised to make the on-demand bond issued under the construction contract. This kind of injunction is highly unlikely to be utilized on the international level because it is very difficult in normal situations to establish the international jurisdiction towards the beneficiary which will be usually located outside the jurisdiction of the relevant court. This kind of injunction ordering the owner not to call on the bond can be rendered by the arbitrator as well even though the arbitrator has no coercive power for the owner to follow it. Normally there would be no arbitral tribunal existing at the time of the bond being called. In this case, the emergency arbitrator which most of the international arbitration rules such as ICC, LCIA and SIAC, etc. adopt can be utilized. Finally, the contractor can block the issuing bank from paying the bond proceeds by way of a provisional attachment in case where it also has rights to claim some unpaid interim payments or damages. This is the preservative measure under civil law system, which the lawyers from common law system are not familiar with. As explained in this article, it is very difficult to block the issuing bank from paying in response to the bond call by the beneficiary even if the call has no valid ground under the underlying construction contract. Therefore, it is necessary for the applicants who are normally engineering and construction companies to be prudent to make on-demand bonds issued. They need to take into account the creditability of the project owner as well as trustworthiness of the judiciary system of the country where the owner is domiciled.

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A Proposal for Promotion of Research Activities by Analysis of KOSEF's Basic Research Supports in Agricultural Sciences (한국과학재단의 농수산분야 기초연구지원 추이분석을 통한 연구활동지원 활성화 제언)

  • Min, Tae-Sun;Choi, Hyung-Kyoon;Kim, Seong-Yong;Bai, Sung-Chul;Kim, Yoo-Yong;Yang, Moon-Sik;Chung, Bong-Hyun;Hwang, Joon-Young;Han, In-Kyu
    • Applied Biological Chemistry
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    • v.48 no.1
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    • pp.23-33
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    • 2005
  • Agricultural sciences field in South Korea has many strong points such as numerous researchers, establishment of research infra-structure, excellence in research competitiveness and high technological level. However, there are also many weaknesses including insufficient leadership at related societies and institutes, deficiency of the next generation research group, and insufficiency in research productivity. There are many opportunities including increasing the importance of the biotechnological industry, activating international cooperation researches, and exploring the multitude of possible research areas to be studied. However, some threats still exist, such as pressure from the government of developed countries to open the agricultural market, the decrease of specialized farms, and intensification for researches to gratify economic and social demands. To encourage research activities in the agricultural sciences field in Korea, the following actions and systems are required: 1) formulation of a mid- and a long-term research master plan, 2) development of a database on the man power in related fields, 3) activation of top-down research topics, and associated increase of individual research grants, 4) development of special national programs for basic researches in agricultural sciences, 5) organization of a committee for policy and planning within the related societies, and 6) system development for the fair evaluation of the research results.

Promotional Strategies of Local Drugstores

  • Kim, Seung-Mi;Lee, Sang-Yoon;Kim, Pan-Jin;Kim, Nam-Myun;Youn, Myoung-Kil
    • The Journal of Industrial Distribution & Business
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    • v.1 no.1
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    • pp.5-12
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    • 2010
  • The retail business of drugstore was introduced to Korea for the first time 10 years ago. Since Olive Young introduced a retail store in the name of drugstore in 1999 for the first time in Korea, new distribution channel combining drugstore, cosmetic products and dairy products, etc has been made. At initial stage, the new distribution channel grew up slowly because of low specialty and economic stagnation. However, the three big distribution channels, that is to say, Olive Young (CJ), Watsons (GS) and W Store (Kolon Well Care), etc, were established to produce new distribution system following large-scaled discount stores as well as convenience stores. The purpose of the study is to investigate ways making Korean style drugstore be new retail business in addition to traditional markets, department stores, E-Mart and other general super markets and to examine problems preventing the drugstore from being promoted and to find out solutions. The speciality retailers that is called a category killer attacking department stores as well as marts is expanding market quickly. New consumption trend that gives priority to wellbeing is being expanded in accordance with high level of standards of living life: The drugstore is thought to be new alternative of distribution because it keeps special products. Young ladies who are main customers of drugstores respond to the trend sensitively to have more buying power that is thought to be promising. And, consumers' desire has become concrete and special. This is because consumers want not only convenient shopping but also special shopping system that is current trend. These days, so called Multi-shop and Total shop and other special shops have been recently opened. Special multi-shop has been concentrated on fashion product and miscellaneous goods so far: Health total wellbeing shop shall be popular in accordance with wellbeing trends. Drugstores can play an important role. Drugstores were opened for the first time ten years ago. In particular, Olive Young succeeded in going into the black after making efforts for a long time by many persons. Drugstores could succeed in the business owing to many persons in the past as well as customers who liked drugstores. However, drugstores once lost ways and recorded poor business results. The three drugstores, that is to say, Olive Young, Watsons making efforts to go into the black and W-Store pursuing traditional drugstore shall compete each other and make effort to satisfy customers' desire. In that way, the three drugstores can be assured of present business as well as future business. The consumers' demand trend has become special at sub-division so that drugstores that can satisfy the demand can succeed in the business. Large businesses may be more interested in the 4th generation retail business to produce good income and to have bright future. Drugstore business and market are likely to expand and develop owing to large business' participation in drugstore business. Drugstores expanded shop at Seoul and Gyeonggi-do until middle of 2000. Drugstore business at station sphere in Seoul and Gyeonggi-do that have high ratio of temporary population has low customer loyalty to have limitation on continuous growth. Since 2009, drugstores have opened new shops at local towns: From the year of 2010, drugstores need to establish multiple shop strategy by accelerating business speed and to allow customers to drop in the shop anywhere in the nation and to enter consumers' life deeply, so that they can strengthen business base definitely. Drugstores need to have price competitiveness to have multiple shop opening strategy and to satisfy consumers and to supply high quality services that is future subject to solve. And, Olive Young and Watsons that are Korean style drugstore need to keep system in order and to strengthen substance as Korean style drugstore and to expand marketing, so that they can get business outcome within 5 years that was done 10 years before and they become the 4th generation retail business. The study had difficulties at collecting material from the three drugstore because of poor cooperation. And, the author had great difficulty at collecting statistical material that was made in disorder. Further effort is needed considering such problems.

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Quality characteristics and antioxidant activities of makgeolli prepared using rice nuruk containing bitter melon (Momordica charantia) (여주 분말 함유 쌀누룩을 이용하여 제조된 막걸리의 품질 특성 및 항산화 활성)

  • Cho, Kye Man;Hwang, Chung Eun;Ahn, Min Ju;Lee, Hee Yul;Joo, Ok Soo
    • Food Science and Preservation
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    • v.23 no.2
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    • pp.259-266
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    • 2016
  • Bitter melon powder (BMP) was used in the preparation of rice nuruk (RN) and makgeolli as one of raw materials. RN containing BMP (BMP-RN) was prepared by adding 0~2.0% (w/w) BMP into rice. Fermentative microbial, and antioxidant characteristics of makgeolli were determined during the fermentation process. pH during fermentation decreased from 4.52 (0% BMP-RN), 4.93 (0.5%), 4.80 (1.0%), and 4.88 (2.0%) on the initial fermentation day (day 0) to 4.15, 4.30, 4.57, and 4.59, respectively, corresponding to increases in acidity from 0.64~0.70% to 1.17~1.28%, respectively. Soluble solid contents increased from an initial 2.2~4.4 g/L (day 0) to 9.0~9.3 g/L, and alcohol level increased up to 13.0% by the end of fermentation (day 7). Soluble phenolic contents increased from 0.92, 1.01, 1.32, and 1.41 mg/mL on day 0, to 1.85, 2.03, 2.24, and 2.48 mg/mL on day 7, respectively, while the levels of 2,2-diphenyl-1-picrylhydrazyl (DPPH) and 2,2'-azino-bis(3-ethylbenzthiazoline-6-sulfonic acid) diammonium salt (ABTS) radical scavenging activities and ferric reducing/antioxidant power (FRAP) assay increased from 46.95~70.04%, 55.33~74.13%, and 0.629~1.243 on day 0, respectively, to 54.98~83.4%, 70.34~92.39%, and 0.964~1.455 on day 7, respectively. Makgeolli made with BMP-RN had higher soluble phenolic contents and antioxidant activity than those of makgeolli made without BMP-RN. These results suggested that BNP-RN made a functional makgeolli.

The Diagnosis of Work Connectivity between Local Government Departments -Focused on Busan Metropolitan City IT Project - (지자체 부서 간 업무연계성 진단 -부산광역시 정보화사업을 중심으로 -)

  • JI, Sang-Tae;NAM, Kwang-Woo
    • Journal of the Korean Association of Geographic Information Studies
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    • v.21 no.3
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    • pp.176-188
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    • 2018
  • Modern urban problems are increasingly becoming a market mix that can not be solved by the power of a single department and the necessity of establishing a cooperation system based on data communication between departments is increasing. Therefore, this study analyzed Busan metropolitan city's IT projects from 2014 to 2018 in order to understand the utilization and sharing status of departmental data from the viewpoint that cooperation between departments can start from the sharing of data with high common utilization. In addition, based on the results of the FGI(Focus Group Interview) conducted for the officials of the department responsible for the informatization project, we verified the results of data status analysis. At the same time, we figured out the necessity of data link between departments through SNA(Social Network Analysis) and presented data that should be shared first in the future. As a result, most of the information systems currently use limited data only within the department that produced the data. Most of the linked data was concentrated in the information department. Therefore, this study suggested the following solutions. First, in order to prevent overlapping investments caused by the operation of individual departments and share information, it is necessary to build a small platform to tie the departments, which have high connectivity with each other, into small blocks. Second, a local level process is needed to develop data standards as an extension of national standards in order to expand the information to be used in various fields. Third, as another solution, we proposed a system that can integrate various types of information based on address and location information through application of cloud-based GIS platform. The results of this study are expected to contribute to build a cooperation system between departments through expansion of information sharing with cost reduction.

A Study on the Marine Design Base of Marine Leisure Facilities in Southeast Area of Korea - Focusing on the investigation of marine leisure facilities - (동남권 해양레저시설의 해양디자인기반에 관한 연구 - 해양레저시설 조사 중심으로 -)

  • Park, Kwang-Cheol
    • Management & Information Systems Review
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    • v.33 no.5
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    • pp.185-212
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    • 2014
  • This study investigated the base of marine leisure facilities and studied the future vision for development of marine industry by conducting a systematic analysis on the category of marine leisure products for development of design and specialization of southeast area of Korea. If the age of $20,000 of per capita national income is called 'the age of my car', $20,000 of per capita national income is called 'the age of my boat'. According to the report of UK-based Marine South East, the scale of world's small boat and personal waterborne equipment reached 277 trillion won in 2010 and domestic market scale is expected to be 11 trillion won. Marine leisure facilities are the new growth engine industry that the government should promote as a nation's strategic and core industry, and the government is pushing ahead with promotion of marine industry actively by announcing Marine Leisure Equipment Industry Activation Plan(June 2009, Ministry of Knowledge Economy), Marine Leisure Activation Plan(July 2010, Ministry of Land, Infrastructure and Transport), The 1st General Plan for Marina Port(January 2010, Ministry of Land, Infrastructure and Transport) etc. The purpose of marine design lies in seeking the status of the country and qualitative value in human life through functional, artistic, industrial and cultural development of design elements for all marine activities made around the sea. Related to all activities made in the ocean and cost, marine design is a sphere of design that includes special conditions centering around water. Considering the condition that 3 sides of land are facing the sea, this study systematically analyzed present condition of equipment possessed by each area, type of facilities, operational status, current status of sectoral use of marine leisure facilities and future prospect of marine leisure products that become the basis of value to raise the statue as an advanced marine power in 2010s through development of the qualitative level of the people, establishment of the direction of national strategy, convergence of industry and culture and specialization of area focusing on the actual condition survey of marine leisure facilities. Especially, this study will be predicting the basis of strategy for strengthening marketability and competitiveness by suggesting role and process of design in developing a promising marine leisure product through an actual condition survey of marine leisure products of southeast area.

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Application of CMP Process to Improving Thickness-Uniformity of Sputtering-deposited CdTe Thin Film for Improvement of Optical Properties (스퍼터링 증확 CdTe 박막의 두께 불균일 현상 개선을 위한 화학적기계적연마 공정 적용 및 광특성 향상)

  • Park, Ju-Sun;Lim, Chae-Hyun;Ryu, Seung-Han;Myung, Kuk-Do;Kim, Nam-Hoon;Lee, Woo-Sun
    • Proceedings of the Korean Institute of Electrical and Electronic Material Engineers Conference
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    • 2010.06a
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    • pp.375-375
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    • 2010
  • CdTe as an absorber material is widely used in thin film solar cells with the heterostructure due to its almost ideal band gap energy of 1.45 eV, high photovoltaic conversion efficiency, low cost and stable performance. The deposition methods and preparation conditions for the fabrication of CdTe are very important for the achievement of high solar cell conversion efficiency. There are some rearranged reports about the deposition methods available for the preparation of CdTe thin films such as close spaced sublimation (CSS), physical vapor deposition (PVD), vacuum evaporation, vapor transport deposition (VTD), closed space vapor transport, electrodeposition, screen printing, spray pyrolysis, metalorganic chemical vapor deposition (MOCVD), and RF sputtering. The RF sputtering method for the preparation of CdTe thin films has important advantages in that the thin films can be prepared at low growth temperatures with large-area deposition suitable for mass-production. The authors reported that the optical and electrical properties of CdTe thin film were closely connected by the thickness-uniformity of the film in the previous study [1], which means that the better optical absorbance and the higher carrier concentration could be obtained in the better condition of thickness-uniformity for CdTe thin film. The thickness-uniformity could be controlled and improved by the some process parameters such as vacuum level and RF power in the sputtering process of CdTe thin films. However, there is a limitation to improve the thickness-uniformity only in the preparation process [1]. So it is necessary to introduce the external or additional method for improving the thickness-uniformity of CdTe thin film because the cell size of thin film solar cell will be enlarged. Therefore, the authors firstly applied the chemical mechanical polishing (CMP) process to improving the thickness-uniformity of CdTe thin films with a G&P POLI-450 CMP polisher [2]. CMP process is the most important process in semiconductor manufacturing processes in order to planarize the surface of the wafer even over 300 mm and to form the copper interconnects with damascene process. Some important CMP characteristics for CdTe were obtained including removal rate (RR), WIWNU%, RMS roughness, and peak-to-valley roughness [2]. With these important results, the CMP process for CdTe thin films was performed to improve the thickness-uniformity of the sputtering-deposited CdTe thin film which had the worst two thickness-uniformities of them. Some optical properties including optical transmittance and absorbance of the CdTe thin films were measured by using a UV-Visible spectrophotometer (Varian Techtron, Cary500scan) in the range of 400 - 800 nm. After CMP process, the thickness-uniformities became better than that of the best condition in the previous sputtering process of CdTe thin films. Consequently, the optical properties were directly affected by the thickness-uniformity of CdTe thin film. The absorbance of CdTe thin films was improved although the thickness of CdTe thin film was not changed.

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Development of Children Food Safety Education Program for 4th and 5th Grade Elementary School Students in Daegu and Evaluation of Its Effects (대구지역 초등학교 4, 5학년 대상 어린이 식생활 안전관리 교육 프로그램 개발 및 효과 평가)

  • Kim, Jung-Mi;Lee, Nan-Hee
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.41 no.2
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    • pp.213-220
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    • 2012
  • This study was conducted on 4th and 5th grade elementary school students in Daegu, Korea for the purpose of promoting health and proper dietary habits. A children food safety education program was developed and its effects evaluated on 4th and 5th graders (3,932 students for 4th year, 4,438 students for 5th year) at 46 elementary schools, which were under the jurisdiction of the four educational bureaus of Daegu city. Education was conducted in accordance with an education design plan, of which there were two goals, including know the contents of 'special act on children's dietary life safety management' and 'practice proper hand-washing'. 'Special act on children's dietary life safety management' was explained, and the education curriculum included proper hand-washing for prevention of food poisoning, quality certification mark on children's favorite foods, harmful foods such as unsanitary and adulterated foods, and green food zone. Flash songs, PowerPoint, 'glitter burger' notice note, and banner were used as education media. It was found that the awareness level of items related to 'special act on children's dietary life safety management' increased significantly after education (p<0.001). 'Necessity of nutrition education and children's food safety' also increased significantly (p<0.05) after education. Lastly, children answered that they washed their hands more often after education (62.9%) than before (60.7%).

Roles of Perceived Use Control consisting of Perceived Ease of Use and Perceived Controllability in IT acceptance (정보기술 수용에서 사용용이성과 통제가능성을 하위 차원으로 하는 지각된 사용통제의 역할)

  • Lee, Woong-Kyu
    • Asia pacific journal of information systems
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    • v.18 no.2
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    • pp.1-14
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    • 2008
  • According to technology acceptance model(TAN) which is one of the most important research models for explaining IT users' behavior, on intention of using IT is determined by usefulness and ease of use of it. However, TAM wouldn't explain the performance of using IT while it has been considered as a very good model for prediction of the intention. Many people would not be confirmed in the performance of using IT until they can control it at their will, although they think it useful and easy to use. In other words, in addition to usefulness and ease of use as in TAM, controllability is also should be a factor to determine acceptance of IT. Especially, there is a very close relationship between controllability and ease of use, both of which explain the other sides of control over the performance of using IT, so called perceived behavioral control(PBC) in social psychology. The objective of this study is to identify the relationship between ease of use and controllability, and analyse the effects of both two beliefs over performance and intention in using IT. For this purpose, we review the issues related with PBC in information systems studies as well as social psychology, Based on a review of PBC, we suggest a research model which includes the relationship between control and performance in using IT, and prove its validity empirically. Since it was introduced as qa variable for explaining volitional control for actions in theory of planned behavior(TPB), there have been confusion about concept of PBC in spite of its important role in predicting so many kinds of actions. Some studies define PBC as self-efficacy that means actor's perception of difficulty or ease of actions, while others as controllability. However, this confusion dose not imply conceptual contradiction but a double-faced feature of PBC since the performance of actions is related with both self-efficacy and controllability. In other words, these two concepts are discriminated and correlated with each other. Therefore, PBC should be considered as a composite concept consisting of self-efficacy and controllability, Use of IT has been also one of important areas for predictions by PBC. Most of them have been studied by analysis of comparison in prediction power between TAM and TPB or modification of TAM by inclusion of PBC as another belief as like usefulness and ease of use. Interestingly, unlike the other applications in social psychology, it is hard to find such confusion in the concept of PBC in the studies for use of IT. In most of studies, controllability is adapted as PBC since the concept of self-efficacy is included in ease of use explicitly. Based on these discussions, we can suggest perceived use control(PUC) which is defined as perception of control over the performance of using IT and composed of controllability and ease of use as sub-concepts. We suggest a research model explaining acceptance of IT which includes the relationships of PUC with attitude and performance of using IT. For empirical test of our research model, two user groups are selected for surveying questionnaires. In the first group, there are freshmen who take a basic course for Microsoft Excel, and the second group consists of senior students who take a course for analysis of management information by Excel. Most of measurements are adapted ones that have been validated in the other studies, while performance is real score of mid-term in each class. In result, four hypotheses related with PUC are supported statistically with very low significance level. Main contribution of this study is suggestion of PUC through theoretical review of PBC. Specifically, a hierarchical model of PUC are derived from very rigorous studies in the relationship between self-efficacy and controllability with a view of PBC in social psychology. The relationship between PUC and performance is another main contribution.

Studies on Engneering Properties of Coal Ash Obtained as Industrial Wastes (산업폐기물(産業廢棄物)로 발생(發生)되는 석탄회(石炭灰)의 토질력학적(土質力學的) 특성(特性)에 관한 연구(硏究))

  • Chun, Byung Sik;Koh, Yong Il;Oh, Min Yeoul;Kwon, Hyung Seok
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.10 no.1
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    • pp.115-123
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    • 1990
  • The purpose of this study was to examine the uses of coal ash as a type of construction material. The methods of examination were chemical anlysis, soil laboratory test and the soil vibration test. Materials used were coal ash obtained as a by-product from 5 thermal power plants in Yongdong, Yongwol, Sochon(anthracite coal) and in Samchonpo and Honam (bituminous coal). Over 70% of the coal ash consisted of silica and alumina. The fly ash grain size showed a uniform distribution from fine-sand to silt, and that of the bottom ash showed from sand to gravel. The specific gravity and density of the coal ash were low. The long term strength increased gradually due to the self-setting property resulting from pozzolanic activity. The shear strength was higher than that of general soil. Cohesion and optimum moisture content of anthracite coal ash were higher than bituminous coal ash, whereas the maximum dry density was higher in bituminous coal ash. The coal ash dynamic Young's modulous curve range was similar to that of general soil. Of the results from the soil vibration test by car-running, the size relative acceleration level in the ash pond was higher than that of natural ground, but the damping ratio was lower than that of natural ground near the ash pond. The coal ash has more advantageous engineering properties than general soil with particles of the same size. For example, the California Bearing Ratio of the bottom ash at both Yongdong and Yongwol was 77~137%. Therefore we expect that if further study is done, coal ash can be used as a construction material when reclaiming seashore, construction embankments, road construction, making right-weight aggregate, or as a general construction material.

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