• Journal of Arbitration Studies
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• v.30 no.1
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• pp.39-66
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• 2020

Under the doctrine of separability, if the party did not specifically challenge the validity of the arbitration clause, then it is presumed valid, and arbitrators would still have authority to adjudicate disputes within the scope of the arbitration clause. Further, the Primerica and Spahr decisions address whether a court or an arbitrator should adjudicate a claim that a contract containing an arbitration clause is void ab initio due to mental incapacity. If the arbitration agreement is separable, as was found in Primerica, then the "making" of the agreement is not at issue when the challenge is directed at the entire contract and arbitrators may exercise authority. If an arbitration provision is not separable from the underlying contract, as in Spahr, a defense of mental incapacity necessarily goes against both the entire contract and the arbitration agreement, so the "making" of the agreement to arbitrate is at issue, and the claim is for courts to decide. Although no bright line rule can be established to deal with challenges of lack of mental capacity to an arbitration agreement, the rule in Prima Paint should not be extended to this defense. Extending the rule in Prima Paint would force an individual with a mental incapacity to elect between challenging the entire contract and challenging arbitration. Accordingly, there should be a special set of rules outside of the context of Prima Paint to address the situation of status-based defenses, specifically mental capacity defenses, to contracts containing arbitration provisions.

• Journal of the Korean Geotechnical Society
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• v.36 no.8
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• pp.49-60
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• 2020

A fully coupled thermo-hydro-mechanical model is established to evaluate frost heave behaviour of saturated frost-susceptible soils. The method is based on mass conservation, energy conservation, and force equilibrium equations, which are fully coupled with each other. These equations consider various physical phenomena during one-dimensional soil freezing such as latent heat of phase change, thermal conductivity changes, pore water migration, and the accompanying mechanical deformation. Using the thermo-hydro-mechanical model, a sensitivity analysis study is conducted to examine the effects of the geotechnical parameters and external conditions on the amount of frost heave and frost heaving rate. According to the results of the sensitivity analysis, initial void ratio significantly affects each objective as an individual parameter, whereas soil particle thermal conductivity and temperature gradient affect frost heave behaviour to a greater degree when applied simultaneously. The factors considered in this study are the main factors affecting the frost heaving amount and rate, which may be used to determine the frostbite sensitivity of a new sample.

• Tribology and Lubricants
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• v.36 no.6
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• pp.315-319
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• 2020

In various fields, several studies based on carbon nanotubes (CNTs) have been conducted. The results of previous studies, wherein CNT coatings have been incorporated as solid lubricants, demonstrate that the friction and wear characteristics of CNT coatings can be improved through the absorption/dispersion of the contact pressure by controlling the stiffness of the nanomesh structure comprising CNT strands. In this study, the friction and wear characteristics of the following are compared: CNT coating formed by spin coating of CNT solution, compressed CNT coating, and compressed/heated CNT coating (wherein CNT strands are squeezed through compression and/or heating). It is observed that the friction coefficient of the CNT coating having the largest number of voids between the CNT strands is significantly lower than those of the compressed CNT coating and the compressed/heated CNT coating. The wear tracks of the compressed CNT coating and the compressed/heated CNT coating indicate that some parts become torn or adhere into a lump. However, in the case of the CNT coating, a smooth wear surface is formed by rubbing. Furthermore, as the void space between the squeezed and adhered CNT strands decreases, the resistance to structural deformation increases, thereby resulting in an increased frictional force and a wear pattern that becomes torn or forms a lump. Hence, the results obtained from this study corroborate that the friction and wear characteristics of CNT coatings can be enhanced through the absorption/dispersion of the contact pressure by controlling the stiffness of the nanomesh structure of CNT coatings.

• Transactions of the Korean Society of Mechanical Engineers B
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• v.39 no.1
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• pp.97-107
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• 2015

An analytical model was developed to estimate the viscous and squeeze-film damping ratios of heat exchanger tubes subjected to a two-phase cross-flow. Damping information is required to analyze the flow-induced vibration problem for heat exchange tubes. In heat exchange tubes, the most important energy dissipation mechanisms are related to the dynamic interaction between structures such as the tube and support and the liquid. The present model was formulated considering the added mass coefficient, based on an approximate model by Sim (1997). An approximate analytical method was developed to estimate the hydrodynamic forces acting on an oscillating inner cylinder with a concentric annulus. The forces, including the damping force, were calculated using two models developed for relatively high and low oscillatory Reynolds numbers, respectively. The equivalent diameters for the tube bundles and tube support, and the penetration depth, are important parameters to calculate the viscous damping force acting on tube bundles and the squeeze-film damping forces on the tube support, respectively. To calculate the void fraction of a two-phase flow, a homogeneous model was used. To verify the present model, the analytical results were compared to the results given by existing theories. It was found that the present model was applicable to estimate the viscous damping ratio and squeeze-film damping ratio.

• Journal of the Society of Naval Architects of Korea
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• v.33 no.4
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• pp.1-14
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• 1996

Especially in the case of a full form ship, the stability on course can be considered to become severest among 4 items of criteria in Interim Standards for Ship Maneuverability adopted by IMO in 1993. The purpose of this study is to find some ideas for the improvement of stability on course through changes in rudder area with reference to span distance. In this paper, we established the formula on the relation between the experimental constants relevant to rudder normal force and hydrodynamic derivatives of hull-propeller-rudder system. We carried out various kinds of captive model test relevant to rudder normal force etc., and evaluated hydrodynamic derivatives of hull-propeller-rudder system, and analyzed the stability on course with the parameter of changes in rudder area. Furthermore, we also discussed effects of changes in rudder area on maneuvering performance including stability on course, based on computer simulation. As a result, it is clarified that there is a possibility that stability on course may become bad through an increase of rudder area. The reason for the bad stability on course is that the void space between the upper edge of rudder and the lower part of stern overhang decreases. This space change exerts a great influence on straightening coefficient of incoming flow to rudder in maneuvering motion, which has close relation to stability on course.

• Nuclear Engineering and Technology
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• v.26 no.1
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• pp.19-31
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• 1994

The objective of this study is to conduct a thermal-hydraulic analysis on the spent fuel pool and to evaluate a parametric effect for the thermal-hydraulic analysis of spent fuel pool. The selected parameters are the Reynolds Number and the gap flow through the oater gap between fuel cell and fuel bundle. The simplified flow network for a path of fuel cells is used to analyze the natural circulation phenomenon. In the flow network analysis, the pressure drop for each assembly from the entrance of the fuel rack to the exit of the fuel assembly is balanced by the driving head due to the density difference between the pool fluid and the average fluid in each spent fuel assembly. The governing equations ore developed using this relation. But, since the parameters(flow rate, pressure loss coefficient, decay heat, density)are coupled each other, iteration method is used to obtain the solution. For the analysis of the YGN 3&4 spent fuel rack, 12 channels are considered and the inputs such as decay heat and pressure loss coefficient are determined conservatively. The results show the thermal-hydraulic characteristics(void fraction, density, boiling height)of the YGN 3&4 spent fuel rack. There occurs small amount of boiling in the cells. Fuel cladding temperature is lower than 343.3$^{\circ}C$. The evaluation of parametric effect indicates that flow resistances by geometric effect are very sensitive to Reynolds number in the transition region and the gap flow is negligible because of the larger flow resistance in the gap flow path than in the fuel bundle.

• Proceedings of the Korean Institute of Surface Engineering Conference
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• 2018.06a
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• pp.102-102
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• 2018

Electronic industry had required the finer size and the higher performance of the device. Therefore, 3-D die stacking technology such as TSV (through silicon via) and micro-bump had been used. Moreover, by the development of the 3-D die stacking technology, 3-D structure such as chip to chip (c2c) and chip to wafer (c2w) had become practicable. These technologies led to the appearance of HBM (high bandwidth memory). HBM was type of the memory, which is composed of several stacked layers of the memory chips. Each memory chips were connected by TSV and micro-bump. Thus, HBM had lower RC delay and higher performance of data processing than the conventional memory. Moreover, due to the development of the IT industry such as, AI (artificial intelligence), IOT (internet of things), and VR (virtual reality), the lower pitch size and the higher density were required to micro-electronics. Particularly, to obtain the fine pitch, some of the method such as copper pillar, nickel diffusion barrier, and tin-silver or tin-silver-copper based bump had been utillized. TCB (thermal compression bonding) and reflow process (thermal aging) were conventional method to bond between tin-silver or tin-silver-copper caps in the temperature range of 200 to 300 degrees. However, because of tin overflow which caused by higher operating temperature than melting point of Tin ($232^{\circ}C$), there would be the danger of bump bridge failure in fine-pitch bonding. Furthermore, regulating the phase of IMC (intermetallic compound) which was located between nickel diffusion barrier and bump, had a lot of problems. For example, an excess of kirkendall void which provides site of brittle fracture occurs at IMC layer after reflow process. The essential solution to reduce the difficulty of bump bonding process is copper to copper direct bonding below $300^{\circ}C$. In this study, in order to improve the problem of bump bonding process, copper to copper direct bonding was performed below $300^{\circ}C$. The driving force of bonding was the self-annealing properties of electrodeposited Cu with high defect density. The self-annealing property originated in high defect density and non-equilibrium grain boundaries at the triple junction. The electrodeposited Cu at high current density and low bath temperature was fabricated by electroplating on copper deposited silicon wafer. The copper-copper bonding experiments was conducted using thermal pressing machine. The condition of investigation such as thermal parameter and pressure parameter were varied to acquire proper bonded specimens. The bonded interface was characterized by SEM (scanning electron microscope) and OM (optical microscope). The density of grain boundary and defects were examined by TEM (transmission electron microscopy).

• Journal of the Korean Geotechnical Society
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• v.27 no.12
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• pp.17-25
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• 2011

A fabric of soil media may change due to certain factors such as dissolution of soluble particles, desiccation, and cementation. The fabric changes affect the mechanical behavior of soils. The purpose of this study is to investigate the effects of geo-material dissolution on shear strength. Experiments and numerical simulations are carried out by using a conventional direct shear and the discrete element method. The dissolution specimens are prepared with different volumetric salt fraction in sand soils. The dissolution of the specimens is implemented by saturating the salt-sand mixtures at different confining stresses in the experimental study or reducing the sizes of soluble particles in the numerical simulations. Experimental results show that the angle of shearing resistance decreases with the increase in the soluble particle content and the shearing behavior changes from dilative to contractive behavior. The numerical simulations exhibit that macro-behavior matches well with the experimental results. From the microscopic point of view, the particle dissolution produces a new fabric with the increase of local void, the reduction of contact number, the increase of shear contact forces, and the anisotropy of contact force chains compared with the initial fabric. The shearing behavior of the mixture after the particle dissolution is attributed to the above micro-behavior changes. This study demonstrates that the reduction of shearing resistance of geo-material dissolution should be considered during the design and construction of the foundation and earth-structures.

• Journal of Korea Trade
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• v.25 no.2
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• pp.152-177
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• 2021

Purpose - This study analyses the excepted requirement and burden of proof of the carrier due to unseaworthiness through comparison between the marine transport contract and marine insurance contract. Design/methodology - This study uses the legal analytical normative approach. The juridical approach involves reviewing and examining theories, concepts, legal doctrines and legislation that are related to the problems. In this study a literature analysis using academic literature and internet data is conducted. Findings - The burden of proof in case of seaworthiness should be based on presumed fault, not proved fault. The burden of proving unseaworthiness/seaworthiness should shift to the carrier, and should be exercised before seeking the protections of the law or carriage contract. In other words, the insurer cannot escape coverage for unfitness of a vessel which arises while the vessel is at sea, which the assured could not have prevented in the exercise of due diligence. The insurer bears the burden of proving unseaworthiness. The warranty of seaworthiness is implied in hull, but not protection and indemnity policies. The 2015 Act repeals ss. 33(3) and 34 of MIA 1906. Otherwise the provisions of the MIA 1906 remain in force, including the definition of a promissory warranty and the recognition of implied warranties. There is less clarity about the position when the source of the loss occurs before the breach of warranty but the actual loss is suffered after the breach. Nonetheless, by s.10(2) of the 2015 Act the insurer appears not to be liable for any loss occurring after the breach of warranty and before there has been a remedy. Originality/value - When unseaworthiness is identified after the sailing of the vessel, mere acceptance of the ship does not mean the party waives any claims for damages or the right to terminate the contract, provided that failure to comply with the contractual obligations is of critical importance. The burden of proof with regards to loss of damage to a cargo caused by unseaworthiness is regulated by the applicable law. For instance, under the common law, if the cargo claimant alleges that the loss or damage has been caused by unseaworthiness, then he has the burden of proof to establish the followings: (i) that the vessel was unseaworthy at the beginning of the voyage; and that, (ii) that the loss or damage has been caused by such unseaworthiness. In other words, if the warranty of seaworthiness at the inception of the voyage is breached, the breach voids the policy if the ship owner had prior knowledge of the unseaworthy condition. By contrast, knowingly permitting the vessel to break ground in an unseaworthy condition denies liability only for loss or damage proximately caused by the unseaworthiness. Such a breach does not, therefore, void the entire policy, but only serves to exonerate the insurer for loss or damage proximately caused by the unseaworthy condition.

• Iberoamérica
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• v.22 no.2
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• pp.25-57
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• 2020

Eduardo Galeano is a left-wing intellectual who led the criticism and accusations of dictatorship and social absurdity in Latin America. It digs into the truth of hidden history that has not been revealed in official history. He values the memory of history to stop repetition of the unfortunate history of the past. The main research topic of this study, 『The Book of Embraces』, is also an extension of such work. Most of the stories in this work depend on the writer's memory. There is no coherence or integration in the content of the story, and the length of the text is not constant, so it is extremely informal and fragmented. This is a strategy to formally reveal the illogical and irrational reality of Latin America. He analyzes the problems of the separation system prevalent in Latin American society from various perspectives. It separates me and the others as well as the past and the present. It makes the memory of history void and paralyzes the consciousness of history. These systems are fixed for convenient governance. In this situation, the pattern of violence becomes more explicit and broad. The anxiety and fear of the Latin American public become commonplace. It is a reality of enduring daily life without hope. Galeano finds this enduring force in historical memory. He believes that when the past and the present meet and embrace, a new history of the future can be encountered. Galeano does not just criticize reality or cynical attitude but also suggests hope for the future.