• Journal of Korea Trade
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• v.27 no.1
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• pp.176-191
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• 2023

Purpose - When recovered through arbitration a contractual penalty that is disproportionately high can become grounds for challenging an arbitral award or an obstacle to its enforcement within Russian jurisdiction. This article investigates how violation of the principle of proportionality can affect the enforcement and challenging of arbitral awards in Russia. Based on the examination of the current legislation, along with the analysis of recent court cases on the subject, the ultimate object of this article is to discern practical recommendations for Korean practitioners who are looking to challenge and/or enforce arbitral awards in Russian courts. Design/methodology - The research process included the reviewing of current Russian legislation conducted in concurrence with academic literature review, searching and analyzing recent court cases where the relevant legal provisions and concepts were applied, and formulating practical implications of the research at its final stage. Findings - Through its relation to the principle of fairness/justice the authors establish the connection between the principle of proportionality and the public policy of Russia. Analysis of recent court cases showed two conflicting trends of whether a disproportionate penalty can be considered a public policy violation. The authors offer practical recommendations on how to substantiate a relevant claim regarding contractual penalty reduction by the court, depending on the desired outcome. Originality/value - The article contains an up-to-date summary of the legal provisions on the principle of proportionality of civil liability in Russia and identifies the most recent trends in court practice on the issue that is not covered by existing studies.

• Smart Structures and Systems
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• v.14 no.3
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• pp.419-444
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• 2014

Within this paper a new approach for early damage detection in rotor blades of wind energy converters is presented, which is shown to have a more sensitive reaction to damage than eigenfrequency-based methods. The new approach is based on the extension of Gasch's proportionality method, according to which maximum oscillation velocity and maximum stress are proportional by a factor, which describes the dynamic behavior of the structure. A change in the proportionality factor can be used as damage indicator. In addition, a novel deflection sensor was developed, which was specifically designed for use in wind turbine rotor blades. This deflection sensor was used during the experimental tests conducted for the measurement of the blade deflection. The method was applied on numerical models for different damage cases and damage extents. Additionally, the method and the sensing concept were applied on a real 50.8 m blade during a fatigue test in the edgewise direction. During the test, a damage of 1.5 m length was induced on the upper trailing edge bondline. Both the initial damage and the increase of its length were successfully detected by the decrease of the proportionality factor. This decrease coincided significantly with the decrease of the factor calculated from the numerical analyses.

• Journal of the Korean Statistical Society
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• v.33 no.2
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• pp.233-244
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• 2004

The influence of observations is investigated in fitting proportional covariance matrices model. Local influence measures are obtained when all parameters or subsets of the parameters are of interest. We will also derive the local influence measure for investigating the influence of observations in testing the proportionality of covariance matrices. A numerical example is given for illustration.

• Proceedings of the Korean Operations and Management Science Society Conference
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• 2004.10a
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• pp.615-618
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• 2004

The previous quantitative bankruptcy prediction models cannot include time dimension. To overcome this limit, various dynamic models using survival analysis are developed recently. This paper emphasizes that the proportionality assumption must be adapted with caution when the Cox's proportional hazard model is used to explain bankruptcy. It is shown that a non-proportional hazard model including a change point model is a proper alternative, when the proportionality assumption is violated by the change of macroeconomic environment, such as the financial crisis in 1997.

• The Korean Society of Law and Medicine
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• v.23 no.3
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• pp.139-207
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• 2022

As various state restrictions on individual freedom were imposed during the COVID-19 pandemic, concerns have been raised that excessive infringements on fundamental rights were indiscriminately permitted based on the public interest of preventing infectious diseases. Therefore, the question of how to set acceptable limits of liberty restrictions on individuals has emerged. However, since the phenomenon of infections spreading to the population is only predicted statistically, how to deal with the risk of the infected individual as a subject of legal analysis has become a problem. In the absence of a theoretical framework of legal analysis of risk, the risk of infected individuals during the pandemic was not analyzed strictly, and proportionality review of infection prevention measures was often only an abstract comparison of the importance of public interest and individual rights. Therefore, this research aims to conduct a theoretical review on how risk can be conceptualized legally in a public health crisis, and to develop a theoretical framework for proportionality review of the risk of liberty-limiting measures during a pandemic. Chapter 2 analyzes the legal philosophical concepts of risk, which are the basis for liberty restrictions during a public health crisis, and applies and extends them to the pandemic. Chapter 3 reviews previous studies related to liberty restriction measures in the context of the COVID-19 pandemic, and points out they have a limitation that specific criteria for the proportionality review of public health measures in the pandemic have not been presented. Accordingly, Chapter 3 specifies the methodological framework for proportionality review, referring to the theoretical discussion on risks in Chapter 2. Chapter 4 reviews the legitimacy of gathering restriction orders, applying the theoretical discussion in Chapter 2 and the criteria for proportionality review established in Chapter 3. In particular, Section 4 examines logic of proportionality review in judicial precedents over the ban on gathering restrictions implemented in the COVID-19 pandemic. In analyzing the precedents, the logic of proportionality review in each case is critically reviewed and reconstructed based on the theoretical framework presented in this research.

• Journal of Radiation Protection and Research
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• v.29 no.4
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• pp.263-268
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• 2004

Using the Monte Carlo simulation, a study on the lion-proportionality of the prototype phoswich detector with $2'{\times}2'$ CSI(Tl) and plastic scintillator, which was made by KAERI, has been carried. The defector response functions (DRFs) calculated by simulations were compared with the experimental measurement on the $^{137}Cs\;and\;^{60}Co$. To precisely simulate the DRF for the phoswich, the CSI(Tl) non-proportionality was calculated using the electron response and the simplified electron cascade sequence for treating the photoelectric absorption event. The resulting DRFs of $^{137}Cs\;and\;^{60}Co$ sources obtained by simulations were compared with experiments for verification. For $^{137}Cs$, gamma-ray responses simulated by MCNP5 are generally good agreement with the measured ones. But the DRF of $^{60}Co$ does not match well with the results of experiment in the energy region below second peak due to the coincidence effect of two gamma-rays (1.17 MeV and 1.33 MeV). Through the analysis of the non-proportionality of CsI(Tl) in the prototype phoswich, the improved DRFs considering non-proportionality were produced and the simulation results were verified using the experimental measurements. However, to more precisely reproduce the DRF for the phoswich, further studies in relation to the electron channeling effect and the Doppler broadening effect of a scintillator are still needed as well as considering that effect of the transfer contribution.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.28 no.4
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• pp.905-917
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• 2018

The sovereign state has the right to engage in self-defense or war with the approval of the Security Council when it receives an invasion of territory from a foreign country. War is conducted under the principle of the necessity and proportionality of self-defense. In case of cyber attack, proportional countermeasure must be made through attack means and effect analysis, and cyber weapons need to be classified for this purpose. Therefore, this study aims to provide a rational and legitimate response according to the necessity and proportionality of the self - defense right by suggesting definition and classification criteria of cyber weapons. In this study, cyber weapons were defined as "means of collecting, attacking, and protecting information using cyber technology in the cyber space according to military objectives. Based on existing weapon systems and public cyber weapons cases, cyber weapons were classified as (1) cyber weapons for information gathering, (2) cyber weapons for attack, and (3) cyber weapons for protection. We suggest the considerations for applying the proportional response according to this functional classification. In order to guarantee the principle of proportionality to cyber attacks in the future, the classification study based on the cyber weapon effect should be conducted. This study has conducted an exploratory study on the classification of cyber clusters which constitutes one axis of the proportionality principle.

• Journal of the Korean Institute of Telematics and Electronics D
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• v.35D no.2
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• pp.93-100
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• 1998

In this paper we analyze the effect of nonlinear gain on laser modulation characteristics applying a small-signal analysis to the rate equation which includes a nonlinear gain term. Also we analyze the resonance frequency and the damping factor which determine laser modulation characteristics, define K factor which is the proportionality factor between resonance frequency and damping factor, and conclude that the decrease in K factor is due to increases in differential gain and no correlation between K factor and nonlinear gain is identified.

• Kyungpook Mathematical Journal
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• v.48 no.4
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• pp.665-684
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• 2008

Runge-Kutta-Nystr$\"{o}$m (RKN) methods provide a popular way to solve the initial value problem (IVP) for a system of ordinary differential equations (ODEs). Users of software are typically asked to specify a tolerance ${\delta}$, that indicates in somewhat vague sense, the level of accuracy required. It is clearly important to understand the precise effect of changing ${\delta}$, and to derive the strongest possible results about the behaviour of the global error that will not have regular behaviour unless an appropriate stepsize selection formula and standard error control policy are used. Faced with this situation sufficient conditions on an algorithm that guarantee such behaviour for the global error to be asympotatically linear in ${\delta}$ as ${\delta}{\rightarrow}0$, that were first derived by Stetter. Here we extend the analysis to cover a certain class of ODEs with low-order derivative discontinuities, and the class of ODEs with constant delays. We show that standard error control techniques will be successful if discontinuities are handled correctly and delay terms are calculated with sufficient accurate interpolants. It is perhaps surprising that several delay ODE algorithms that have been proposed do not use sufficiently accurate interpolants to guarantee asymptotic proportionality. Our theoretical results are illustrated numerically.

• Korean Journal of Clinical Pharmacy
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• v.33 no.2
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• pp.122-127
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• 2023

Background: This study was aimed to identify the safety signals of metoclopramide in Korea Adverse Event Reporting System (KAERS) database by proportionality analysis methods. Methods: The study was conducted using Korea Institute of Drug Safety and Risk Management-Korea Adverse Event Reporting System Database (KIDS-KD) reported from January 2013 to December 2017 through KAERS. Signals of metoclopramide that satisfied the data-mining indices of proportional reporting ratio (PRR), reporting odds ratio (ROR) and information component (IC) were defined. The detected signals were checked whether they included in drug labels in the Ministry of Food and Drug Safety (MFDS), U.S. Food and Drug Administration (FDA) and Micromedex^®. Results: A total number of drug AE reports associated with all drugs of data in this study was 2,665,429. Among them, the number of AE reports associated with metoclopramide was 22,583. Forty-two meaningful signals of metoclopramide were detected that satisfied with the criteria of data-mining indicies. Especially neurological signals including extrapyramidal reactions, represented in the safety letter of regulatory agencies were identified in this study. Conclusion: Neurological signals of metoclopramide including extrapyramidal reactions were detected. It is believed that this search for signals can contribute to ensuring safety in the use of metoclopramide.