• Title/Summary/Keyword: science and law

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Freedom of contract in the digital age and its implementation in modern technologies: theory and practice

  • Davydova, Iryna;Bernaz-Lukavetska, Olena;Tokareva, Vira;Andriienko, Iryna;Tserkovna, Olena
    • International Journal of Computer Science & Network Security
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    • v.21 no.12spc
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    • pp.544-548
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    • 2021
  • Scientific and technical development, as well as the emergence of new types of contracts, which do not have their expression in current legislation, force us to explore the issues of contract law to adapt to change. In this context, the principle of freedom of contract is fundamental, which states that each person has the right to enter into a contractual relationship at his discretion. However, such freedom is not absolute, because the freedom of one person should not violate the freedom of another. Together with the conflict of private and public interests, these phenomena are a field for the study of topical issues of theory and application of the principle of freedom of contract in practice. Research methods are philosophical, general scientific, and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis, etc. As a result of the research, the main characteristics of the principle of freedom of contract, its role for private law regulation of contract law are given; approaches to understanding the restriction of contract freedom are analyzed; typical examples and means of such restrictions are identified; demonstrated how contract freedom is embodied in the use of IT tools, which types of contracts are most common in the digital environment.

Criminal and Legal Countermeasures against Cybercrime in the Conditions of Martial Law

  • Nataliia, Veselovska;Serhii, Krushynskyi;Oleh, Kravchuk;Olеksandr, Punda;Ivan, Piskun
    • International Journal of Computer Science & Network Security
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    • v.22 no.12
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    • pp.85-90
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    • 2022
  • The article is devoted to the consideration of the features of the application of criminal and legal countermeasures against cybercrime in the conditions of martial law. While conducting this research, we found an opportunity to formulate the author's recommendations for solving the most complex law enforcement problems, as well as to propose changes to the Criminal Code of Ukraine aimed at eliminating the flaws of the analyzed Law, the adoption of which will contribute to the achievement of higher efficiency of the relevant criminal law prescriptions. It is argued that the removal of the previously existing in the footnote of Art. 361 of the Criminal Code of a fundamentally important caveat regarding the fact that when assessing "significant damage", the mentioned property equivalent was to be taken into account only when such damage consisted in causing material damage, which led to a significant and unjustified narrowing of the scope of potential application of Part 4 of Article 361 of the Criminal Code.

Exploratory Study on Consumer Attitude toward the SSM Regulation Law (유통산업발전법 개정에 따른 소비자 반응 탐색연구)

  • Nam, Se-Hyun;Cho, Yoon-Ki;Yoo, Jeong-Seok;Kim, Dong-Tae
    • Journal of Distribution Science
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    • v.11 no.10
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    • pp.47-53
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    • 2013
  • Purpose - Six months have passed since the amendment of the SSM regulation law; however, as yet, there is no confirmed research or report on the effects of this amendment, which are indefinite. Further, there have been no attempts to study the effects of the SSM regulation law from the consumers' viewpoint, which is important because consumers are the main agents that are greatly influenced by the amendment law. Therefore, this study aims to investigate the consumers' attitude toward the SSM regulation law as well as the effects of the SSM regulation law on the changes in purchase behavior. Research design, data, and methodology - This study was initiated from four research problems that are linked to consumer reaction to the SSM regulation law. Research problem 1: What is the consumers' reaction (perception, attitude, and perceived fairness) to the SSM regulation law? Research problem 2: How do the consumers' reactions to the SSM regulation law differ by consumers' characteristics? Research problem 3: Could the SSM regulation law change a consumer's purchase behavior? Research problem 4: Is it necessary to amend the SSM regulation law? This study collected the data through the interview and survey of housewives for the purpose of solving the research problems. The interview was conducted as a pilot study for the field survey. We interviewed three housewives, who were: an employed housewife, a full-time homemaker, and a manager of a housewife club, respectively. We then conducted a field survey of 232 housewives who were housewife club members or elementary school parents in Chunghcheong-do. Results - We verified the reliability and validity of the data, and analyzed it to solve the research problems. The main findings of this study were as follows. First, consumers still have a positive attitude toward large discount chains and SSM, which has been the case since the law was introduced. Second, perceived risk of consumers associated with traditional markets and small neighborhood shops was low. Third, consumers think that amendments of the SSM regulation law are important, and they positively assess the satisfaction, necessity, and propriety of the law. Fourth, although the SSM regulation law caused inconvenience to consumers, this law did not have any influence on the usage frequency and the use-behavior of large discount chains. Finally, consumers reacted very negatively to the toughening up of the SSM regulation law. Conclusions - In short, consumers still have a positive attitude toward the SSM regulation law. However, this act did not have any influence on the use-behavior of large discount chains (General Super Market). Thus, policy making authorities require active communication and promotions to enhance the effect of the SSM regulation law. This study was of the nature of exploratory research, which did not focus on hypothesis testing, but on finding solutions to the research problems. Therefore, this study is no more than a simple data analysis. Future studies should attempt to investigate the actual effects of the SSM regulation law, on the basis of sufficient literature review and real sales data.

Network Analysis for the Connectivity between Spatial Planning Law and Environment Law and its Implications (공간계획법과 환경관련법의 연계성에 관한 연결망 분석과 함의)

  • Choi, Choongik;Kang, Boyeong
    • Journal of Environmental Policy
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    • v.13 no.2
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    • pp.39-63
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    • 2014
  • This article aims to explore the connectivity and centrality between environment law and spatial law, where make implications in environmental planning. To achieve it, we used Network Analysis(NA) as a tool for analyzing the connectivities. 52 environmental Laws and 29 Spatial Laws are selected and used for this analysis. This study also attempts to explain the phenomenon through quantitative study rather than qualitative research. This paper is methodologically the first attempt to Environmental Law study, which will help to understand the structure of complex Environmental Law. The result of the network analysis for connectivity between Spatial Law and Environmental Law demonstrates that two laws are in less mutual relationship with each other. It also supports that Environmental Law and Spatial Law need to be closely connected with each other for effective environmental management.

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A Study on the Legal Protection of Science and Technology Databases on the Copyright Law and Online Digital Contents Industry Development Law (저작권법과 온라인 디지털 콘텐츠 산업발전법에 의한 과학기술 데이터베이스 법적보호에 관한 연구)

  • Jang, Tae-Jong;Yoo, Jae-Young;Jeong, Eui-Seob
    • Journal of Information Management
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    • v.36 no.2
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    • pp.153-172
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    • 2005
  • Currently the copyright law and the online digital contents industry development law aim to protect the producers of databases and digital contents. A report on databases in the United States describes that an additional protection of databases is needed as databases get more significant in terms of science and economy and become a key factor on Internet. At this moment, Korea does not recognize the importance of databases of science and technology when we look into any public or civil organizations. Accordingly this paper deals in depth with overall issues surrounding the regal protection of science and technology databases, key contents for science and technology databases protection by current laws, and additional protection problems. Considering that the industry of science and technology databases plays a pivotal role in the securement of national competitiveness, the preparation of legal measures to properly protect databases as one of the policies for the continuing development of databases should not be overlooked.

Studies on the revision and enactment of the law of cook (조리사에 관한 법 개정 및 제정에 관한 연구)

  • Kim, Sook-Hee;Han, Kyung-Soo;Chae, Young-Churl
    • Culinary science and hospitality research
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    • v.7 no.1
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    • pp.57-90
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    • 2001
  • We investigated the unequivalence of Food Sanitation law, School Foodservice law and recent reports studied about hazard analysis critical control point(HACCP) system. We also found out that cook's duties were expressed several times in the standard job classification in Korea national statistical office based by the international labor organization(ILO) since 1963, but not ever in the Food Sanitation law and School Foodservice law. Based on these investigations We propose clear expression of cook's duties in the Food Sanitation law and School Foodservice law, and enactment of regulation or law of Cook to reduce any possible food poisonings. However these proposals need to be studied and improved in many different ways for the revision and enactment of the law of cook.

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The Lives of Daughters-in-Law Who Care for Parents with Dementia (치매노인을 돌보는 며느리의 삶 -해석학적 분석-)

  • 강현숙;고금자;김원옥;김은심;김순용;김현리;신순옥;오상은;원정숙
    • Journal of Korean Academy of Nursing
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    • v.29 no.6
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    • pp.1233-1243
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    • 1999
  • This study was done to investigate the lives of the daughters- in- law caring for parents with dementia and participate in their lives through having quality time with them Data were collected by depth interviews and interpreted through the hermeneutic circle as follows. These daughters-in-law have conflict between social custom and subjective self. They had ambivalence toward their demented partents-in- law and were fighting a battle between rationality and emotions in their mind. These daughters-in law and mothers-in- law did not get along and the parents' dementia aggravated the relationships. They were alienated from their family by the parents with dementia. The indifference of their family especially their husbands, made these subjects live in misery. They cared for the demented mother-in-law with hatred. Even though they had this yoke, there daughters- in-law were not able to throw off the shackles of convention.

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Development of a generalized scaling law for underwater explosions using a numerical and experimental parametric study

  • Kim, Yongtae;Lee, Seunggyu;Kim, Jongchul;Ryu, Seunghwa
    • Structural Engineering and Mechanics
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    • v.77 no.3
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    • pp.305-314
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    • 2021
  • In order to reduce enormous cost of real-scale underwater explosion experiments on ships, the mechanical response of the ships have been analyzed by combining scaled-down experiments and Hopkinson's scaling law. However, the Hopkinson's scaling law is applicable only if all variables vary in an identical ratio; for example, thickness of ship, size of explosive, and distance between the explosive and the ship should vary with same ratio. Unfortunately, it is infeasible to meet such uniform scaling requirement because of environmental conditions and limitations in manufacturing scaled model systems. For the facile application of the scaling analysis, we propose a generalized scaling law that is applicable for non-uniform scaling cases in which different parts of the experiments are scaled in different ratios compared to the real-scale experiments. In order to establish such a generalized scaling law, we conducted a parametric study based on numerical simulations, and validated it with experiments and simulations. This study confirms that the initial peak value of response variables in a real-scale experiment can be predicted even when we perform a scaled experiment composed of different scaling ratios for each experimental variable.

Linking bilinear traction law parameters to cohesive zone length for laminated composites and bonded joints

  • Li, Gang;Li, Chun
    • Advances in aircraft and spacecraft science
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    • v.1 no.2
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    • pp.177-196
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    • 2014
  • A theoretical exploration for determining the characteristic length of the cohesive zone for a double cantilever beam (DCB) specimen under mode I loading was conducted. Two traction-separation laws were studied: (i) a law with only a linear elastic stage from zero to full traction strength; and (ii) a bilinear traction law illustrating a progressive softening stage. Two analytical solutions were derived for the first law, which fit well into two existing solution groups. A transcendental equation was derived for the bilinear traction law, and a graphical method was presented to identify the resultant cohesive zone length. The study using the bilinear traction law enabled the theoretical investigation of the individual effects of cohesive law parameters (i.e., strength, stiffness, and fracture energy) on the cohesive zone length. Correlations between the theoretical and finite element (FE) results were assessed. Effects of traction law parameters on the cohesive zone length were discussed.

Free vibration analysis of power-law and sigmoidal sandwich FG plates using refined zigzag theory

  • Aman Garg;Simmi Gupta;Hanuman D. Chalak;Mohamed-Ouejdi Belarbi;Abdelouahed Tounsi;Li Li;A.M. Zenkour
    • Advances in materials Research
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    • v.12 no.1
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    • pp.43-65
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    • 2023
  • Free vibration analysis of power law and sigmoidal sandwich plates made up of functionally graded materials (FGMs) has been carried out using finite element based higher-order zigzag theory. The present model satisfies all-important conditions such as transverse shear stress-free conditions at the plate's top and bottom surface along with continuity condition for transverse stresses at the interface. A Nine-noded C0 finite element having eleven degrees of freedom per node is used during the study. The present model is free from the requirement of any penalty function or post-processing technique and hence is computationally efficient. The present model's effectiveness is demonstrated by comparing the present results with available results in the literature. Several new results have been proposed in the present work, which will serve as a benchmark for future works. It has been observed that the material variation law, power-law exponent, skew angle, and boundary condition of the plate widely determines the free vibration behavior of sandwich functionally graded (FG) plate.