• Title/Summary/Keyword: true law

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The Sources of Students' Misconception about Newton's Third Law (Newton의 제3법칙에 대한 오인(誤認)의 원인분석)

  • Oh, Kang-Soo;Kwon, Jae-Sool
    • Journal of The Korean Association For Science Education
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    • v.8 no.1
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    • pp.57-72
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    • 1988
  • It is very important for a teacher to know what his students know and what they do not; however, it seems not true for the most Korean secondary school science techers. This study tried to find students' misconception Newton's third law and the sources of the misconceptions. The researcher examined 609 students from middle schools, high schools, and college. In this study, students' understanding on Newton's third law were examined by school level, sex, stream (science and liberal arts), and departments. The following results were obtained by this study. 1. Students' understanding seemed to be improved continuously from middle school to university; however, their misconception (the most frequent incorrect selection of options of the test items) did not changed very much. 2. Students' answers were significantly affected by size of objects, existence of physical contact and the existence of life in the objects. 3. The answer were significantly affected by the source of attraction. 4. The answer to Newton's third law were affected by the magnitude of potential force which the target bodies have, state of motion, velocity, weight, friction and acceleration. This study could show the sources of the misconception on Newton's third law. The identified sources could be very useful for designing an instruction to teach Newton's third law in schools and universities.

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Applicability of Mandatory Rules for Seafarer Protection

  • Sohn, Kyung Han
    • Journal of Arbitration Studies
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    • v.30 no.3
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    • pp.21-45
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    • 2020
  • The major legal issues of this case were governing law questions regarding the liability of the shipowner/employer to its employee. It is true that in the absence of the parties' choice of law, the arbitral tribunal may apply the substantive laws or rules of law which it deems appropriate. However, it does not mean that the arbitral tribunal has arbitrary discretion in choosing the appropriate law as the governing law of the case; rather, the arbitrators should carefully examine the conflict of law rules of the forum and the requirement of the law of the country where the upcoming arbitral award will be enforced. They must bear in mind the role of the "connecting factors" in determination of the governing law. Therefore, the application of an alien law, which has minimal connecting factor with the case, may lead to a conclusion that is hardly understood by the parties. On the same token, the arbitrators must pay attention to applying the mandatory rules of a country, the laws of which not being the governing law of the issue. It is said that the application of the mandatory rules is a necessary evil to secure the enforcement of the award in the country, which has national interest in applying its own law to the issue. Further, arbitrators must pay attention to the consistent application of the law and respect the integrity of a legal system to reach a fair conclusion. The place of service of a seafarer for a vessel navigating international sea ought to be its home port country rather than the country of the ship registry, and the party autonomy in choice of the law in a seafarer employment should be respected.

The Liability System and the Legal Nature of the Seller's Liability for Defective Goods under Korean Law and the PELS (유럽매매법원칙과 한국법상 결함상품에 대한 매도인의 책임의 법적성격과 책임제도)

  • Lee, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.44
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    • pp.31-55
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    • 2009
  • This study attempts to provide a comparative overview of the liability systems Korean law and the PELS adopt, that is, the approaches taken by Korean law and the PELS to deal with various irregularities of contractual performance. In addition, it examines in a comparative way the questions of what is the position of the seller's liability for his delivery of defective goods under the chosen liability system and what is the legal nature of the seller's liability. The study finds that the dual liability system taken by Korean law has caused some complexities as to the matter of which liability is applicable in some borderline cases. The problem in such complexities is originated in that the remedies available and the limitation period applicable are differentiated in accordance with one's different categorization among three types of default under the general liability and defective performance under the seller's guarantee liability. In this light, the study argues that the unified liability system under the PELS is superior because its concept of non-performance embraces in a unitary manner all the aspects of default including defects in quality, quantity and title. In addition, it finds that Korean law has suffered endless debates on the question of what are the true contents of the same remedies of rescission and damages provided under the seller's guarantee liability as under the general liability. The debates have been come along on the basis of the traditional presumption among some of civil law jurisdictions that two liabilities be different in terms of not only their legal nature but also their contents of remedies. The study argues that the problem may be circumvented, first, by another way of thinking that the unified liability in Korean law is inferred from the specification of the identical remedies for both the general liability and the seller's guarantee liability under the KCC, second, by the preposition that the requirement of fault be depended upon what remedy the buyer seeks to claim rather than what liability he does to rely on.

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A Study on the Qiu Zheng Lu (求正錄) of Zhang J ie Bin (張介賓) (장개빈(張介賓)의 <구정록(求正錄)>에 관한 연구(硏究))

  • Park, Hyuk-Kyu;Maeng, Woong Jea
    • The Journal of Korean Medical History
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    • v.18 no.2
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    • pp.137-187
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    • 2005
  • This thesis study of the medical concept Qiu Zheng Lu (求正錄) is discussed in the Lei Jing Fu Yi (類經附翼), a book authored by Zhang Jie Bin (張介賓) a medical doctor during the Chinese Ming (明) dynasty (1368-1683). The meaning of Qiu Zheng Lu (求正錄) is "searching for the rightness." In his book Zhang Jie Bin (張介賓) intended to clarify Qiu Zheng Lu (求正錄) by delineating the concept into four categories. These are: Sanjiao Baoluo Mingmen Bian (三焦包絡命門 辨) the theory of the triple warmer, the Pericardium, the Gate of Life ; Da Bao Lun (大寶論) the theory of the great treasure of the human body; Zhen Yin Lun (眞陰論) the theory of true-yin fluid; and Shi Er Zang Mai Hou Bu Wei Lun (十二臟脈候部位論) the theory of the part of the pulse and its condition in regards to the twelve viscera. Sanjiao Baoluo Mingmen Bian (三焦包絡命門辨), the theory of the triple warmer, the Pericardium, the Gate of Life. The triple warmer (三焦: Sanjiao) is composed of three parts: the upper, middle, and lower. This concept is also connected with the functions and roles of the vital organs. The upper burner is related to the heart and lungs. The middle burner is related to the liver and spleen. Whereas, the lower burner is related to the kidneys. Bao-Luo (包絡) is the Pericardium, the envelope of the heart, serving as the protector of the heart. Ming-Men (命門) is the Gate of Life, reffering to the vitals of life. It functions as kidney-yang which is considered as the origin of yang-energy of the human body, and serves partly as the function of cortico-adrenal gland in modern medicine. Zhang Jie Bin (張介賓) discussed the Da Bao Lun (大寶論) as the most important function in the human body because the Da Bao (大寶/great treasure) is the true-yang (眞陽) which is the affective force for physiological functions, and as the source of energy for life activities. Moreover, true-yang (眞陽) functions both as a heater and thermometer that warms the human body and indicates vitality by levels of body warmth respectively. The Zhen Yin Lun (眞陰論) theory states that if true-yang (眞陽) is energy, then true-yin (眞陰) is the source of energy. This can be likened to a tree with roots which absorbs nutrients from the ground (source), and spreads the nutrients (energy) through its branches. Thus, true-yin (眞陰) is the root cause for later functional activities of true-yang (眞陽). In Shi Er Zang Mai Hou Bu Wei Lun (十二臟脈候部位論) the theory of the pulse (脈 /Mai) and its condition in regards to the twelve viscera, Zhang Jie Bin (張介賓) insisted that when a diagnoses by the pulse is made the five vital organs and the six viscera (五臟六腑) of a human body should be harmoniously arranged in accordance with its respective part of the pulse. Furthermore, Zhang Jie Bin (張介賓) supported his theory with evidence from earlier Chinese medical doctors. And, by stating that human beings must cultivate and preserve their true-yin (眞陰) and true-yang (眞陽) energies he therefore created four new prescriptions called: Zuoguiyin (左歸飮), Youguiyin (右歸飮), Zuoguiwan (左 歸丸), Youguiwan (右歸丸). To further clarify his theory Zhang Jie Bin (張介賓) considered that the function of true-yang (眞陽) and true-yin (眞陰) is expressed by Ming-Men (命門). This theory is that for humans to be spiritually and physically healthy they must live in accord with natural law. Also, within the framework of natural law, astronomical and geographical factors must be considered for complete, holistic, health. Thus, Ming-Men is the basis for healthy living in the modern world.

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A Study on the Legal and Institutional Improvement Plan for Cyber Correspondence (사이버 대응태세 구축을 위한 법·제도적 개선방안 연구)

  • Lee, Yong Seok;Lim, Jong In
    • Convergence Security Journal
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    • v.19 no.1
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    • pp.61-66
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    • 2019
  • Cyber space is a place where free activities are guaranteed. However, it is also true that not all individuals and countries strive for peaceful cyberspace, and that there is a growing tendency to gain unfair advantage through this space. Therefore, the state should reform laws and institutions to keep cyberspace safe. By establishing the "Basic Law on Cyberspace" which includes the law of the state law on cyberspace, it is necessary to be able to recognize and respond to the direction of the national legal discipline on cyberspace. The development of digital forensics is an urgent task due to the rapid development of IT. However, if the law is delayed for various reasons, some of the existing laws should be amended to improve the stability of the law in accordance with the circumstances. To this end, it is necessary to revise the "Information and Communication Infrastructure Protection Act", "Information and Communication Network Enhancement and Information Protection Act", "Integrated Defense Law", "Establishment of Defense Information Infrastructure Infrastructure and Defense Information Resource Management Act".

Determination of a critical damage by experiment and analysis of tensile test (인장시험의 실험과 해석 결과를 이용한 임계손상도의 결정)

  • Jang, S.M.;Eom, J.G.;Lee, M.C.;Joun, M.S.
    • Proceedings of the Korean Society for Technology of Plasticity Conference
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    • 2008.10a
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    • pp.292-296
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    • 2008
  • A new method of evaluating critical damage values of commercial materials is presented in this paper. The method is based on the previous study of the methodology [1] of acquisition of true stress-strain curves or flow stress curves over large strain from the tensile test in which the flow stress is described by the Hollomon law-like form, that is, by the strain dependent strength coefficient and the strain hardening exponent. The strain hardening exponent is calculated from the true strain at the necking point to meet the Considere condition. The strength coefficient is assumed to be constant before necking and represented by a piecewise linear function of strain after necking. With the predicted flow stress, a tensile test is simulated by a rigid-plastic finite element method with higher accuracy of less than 0.5% error between experiments and predictions. The instant when the fracture begins and thus the critical damage is obtained is determined by observing the stress variation at the necked region. It is assumed that the fracture due to damage begins when the pattern of stress around the necked region changes radically. The method is applied to evaluate the critical damage of a low carbon steel.

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Gregor Mendel and the Seven Genes (1)

  • Tateno, Yoshio
    • Interdisciplinary Bio Central
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    • v.5 no.4
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    • pp.7.1-7.3
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    • 2013
  • This essay describes G. Mendel's life and his law of inheritance. He was born in a poor family in 1822 in a hamlet in Czechs. At that time the Habsburg Empire dominated over the East Europe in which Vienna was the capital. Vienna had thus been the center of culture and learning, and attracted many artists and scholars such as W. Mozart (1756- 1791), L. Beethoven (1770-1827), C. Doppler (1803-1853), S. Freud (1856-1939), G. Mahler (1860-1911), G. Klimt (1862-1918) and E. Schiele (1890-1918). Beethoven came to Vienna to learn from Mozart. Klimt was influence by Schilele. When Mahler consulted Freud about his mental problem, Freud said to him "Your mental condition was not normal, but the condition made you creative. So, do not worry too much about it." Like that, there were many interactions among them, and Mendel was no exception. Though Mendel was poor, he was fortunate in his education and scientific research, because he could have excellent supporters in his family and out of it. He learned mathematics and physics at Vienna University under the guidance of C. Doppler. He was not totally alone when he discovered his law of inheritance. It may not be true either that his law was neglected and rediscovered in the year of 1900. As his one and only paper indicates, he was one of the earliest interdisciplinary scientists.

A Empirical Study on the Obstacles to the Adoption of Electronic Bill of Lading - Focusing on the Bolero Bill of Lading - (전자선화증권 도입의 장애요인에 관한 실증적 연구 - 볼레로 전자선화증권을 중심으로 -)

  • Choi, Seok-Beom;Kim, Tae-Hwan;Choi, Gwang-Don
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.30
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    • pp.27-58
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    • 2006
  • The purpose of this study is to identify key obstacles to the adoption of electronic bill of lading and to suggest an effective way to promote the utilization of electronic bill of lading in international trade field. This study finds that all the respondants have not used 'true' electronic bill of lading that is issued and distributed electronically, and most of them agreed the needs of e-B/L adoption, but their intentions to adopt e-B/L remain very low in the present situation. Five obstacles to the adoption of e-B/L were derived from an explanatory factor analysis: 'integration' factor, 'law institution' factor, 'usability' factor, 'economic efficiency' factor, and 'security' factor. Solutions to promote the utilization of e-B/L in international trade field are as follows; Firstly, to endow e-B/L with the legal force through amending relevant laws including the commercial law. Secondly, to conclude the relevant international agreement, and to carry out joint projects between nations are needed. Thirdly, to conduct publicity campaigns is required to increase the understanding of the concepts and benefits of e-B/L to all concerned parties. Fourthly, stable and reliable system must be constructed with high level security. Fifthly, to readjust the service fee of e-B/L system to a realistic level is to be needed in order for user companies to use e-B/L service.

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Consideration on Effects of Mesh Systems on True Stress-Strain Acquisition Method over a Large Range of Strains by Tensile Test and Finite Element Method (유한요소망이 인장시험과 유한요소법을 이용한 진응력-진변형곡선 획득 기법에 미치는 영향에 관한 고찰)

  • Kim, Hong-Tae;Eom, Jae-Gun;Choi, In-Su;Lee, Min-Cheol;Joun, Man-Soo
    • Proceedings of the KSME Conference
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    • 2007.05a
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    • pp.808-813
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    • 2007
  • We present the numerical characteristics of a new true stress-strain curve acquisition method over a large range of strains by the tensile test and a finite element method through comparing the results obtained by various finite element mesh systems. The method is introduced in detail. The effects of the finite element mesh systems on the results are investigated to show its numerical characteristics of the new method. It is shown that the method is quite robust, implying that it can be used as a special function of the tensile test machines.

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High Temperature Creep Deformation of Mechanically Alloyed Al-Ti-Si Alloy (기계적 합금법에 의한 Al-Ti-Si합금의 고온 크립 변형)

  • Choe, Cheol-Jin;Park, Won-Uk
    • 연구논문집
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    • s.25
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    • pp.169-173
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    • 1995
  • The high temperature deformation of mechanically alloyed Al-Ti-Si alloy (Al-9.64wt% Ti-1.56wt% Si) was investigated by performing constant load compression creep tests over the temperature range of $673^\circC$K to $723^\circC$K. From the calculation based on the modified power law creep equation for dispersion strengthened alloy, the true creep activation energy, was 176kJ/mole, the true stress exponent was 4.9. Considering the value of activation energy, stress exponent, the shape of primary creep region, it could be concluded that creep deformation in the MA Al-Ti-Si alloy is controlled by dislocation climb.

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