공탁에 관한 소고

장재현 경북대학교 법학연구원 2007 법학논고 Vol.0 No.26

[Abstract] Essay on Deposit in Korean Civil Law Chang, Jae-Hyoun* Deposit of Korean Civil law means thing for performance of obligation as extinction cause of claim. The Civil law of deposit has several points of construction as the following. 1. The provision of the latter part of the Civil law article 487 enacts “… where the obligee cannot be ascertained …”. What does this provision mean? And how does obligee demand thing deposited? 2. The Civil law article 489, clause 1 enacts “So long as the obligee has given his consent to the deposit or has been notified to receive the thing deposited in the Deposit Office or a judgement declaring the deposit effective has become final and binding, the depositor may recover the thing deposited …”. How and when does an obligation lapse regarding this rights of withdrawal? 3. What is nature of rights of withdrawal? And the Civil law article 489, clause 2 enacts “The provisions of the preceding Paragraph shall not apply where a pledge or a mortgage has been extinguished by making a deposit”. Then I wonder what has become of other security rights except for a pledge and a mortgage. A system of deposit settles an interest of parties and a state merely is custodian ought to having none of an interest in a legal act. So, to demand thing deposited can’t directly bring a civil action against a state. An obligation once lapses by deposit, but if thing deposited is withdrawn, an obligation is considered that it wasn’t retrospectively lapsed as from the time of deposit. Namely, obligation lapses on condition that exercising rights of withdrawal is a condition subsequent at the time of deposit. According to the Civil law article 489, clause 2, rights of withdrawal shall not be acknowledged when only a pledge or a mortgage has been extinguished by making a deposit. But other security rights except for a pledge and a mortgage are not all that different from a pledge and a mort- gage. Thus, the Civil law article 489, clause 2 must be applied to other security rights as well as a pledge and a mortgage.

Deposition efficiency of barium hexaferrite by aerosol deposition

Johnson, Scooter D.,Schwer, Douglas,Park, Dong-Soo,Park, Yoon-Soo,Gorzkowski, Edward P. Elsevier 2017 Surface & coatings technology Vol.332 No.-

<P><B>Abstract</B></P> <P>We present results of barium hexaferrite powder mass consumption across a wide range of starting powder quantities and deposition times. From these results we develop a transfer efficiency figure of merit to describe deposition efficiency and growth rates applicable to aerosol deposition and similar spray deposition techniques. We find that the transfer efficiency of barium hexaferrite was 0.082% and the transfer efficiency rate coefficient was 0.056min<SUP> −1</SUP> with a decay factor of −0.773. As a means to further understanding the deposition efficiency we present flow simulations of an aerosol deposition system using different particle sizes and standoff distances. We find that impact with the substrate strongly depends on the particle size, particle location within the nozzle, and standoff distance. We find that the values in the simulation are consistent with those used to produce films with the aerosol deposition system used at the Naval Research Laboratory and consistent with values found in the literature. We find that to improve the transfer efficiency nozzle design must be optimized, particle size must be carefully selected, standoff distance must be selected, and the powder in the aerosol chamber must be delivered at an optimal rate. These factors may be individually tuned to contribute to the final transfer efficiency figure of merit that can be used to assess the efficiency of the aerosol deposition process.</P> <P><B>Highlights</B></P> <P> <UL> <LI> Mass consumption of powder in aerosol deposition is related to film thickness. </LI> <LI> A deposition efficiency figure of merit is developed for aerosol deposition. </LI> <LI> Fluid dynamic simulations show that particle impact depends on particle size. </LI> <LI> Fluid dynamic simulations show that particle impact depends on standoff distance. </LI> <LI> Deposition efficiency is related to mass consumption and to particle impact. </LI> </UL> </P>

Influences of deposition strategies on thermo-mechanical characteristics of a multilayer part deposited by a wire feeding type DED process

Bih Lii Chua,안동규,김재구 대한기계학회 2019 JOURNAL OF MECHANICAL SCIENCE AND TECHNOLOGY Vol.33 No.12

Variation in process parameters and deposition strategies has produced different thermo-mechanical characteristics in a part fabricated by a wire feeding type directed energy deposition (DED) process. The purpose of this paper is to select a proper deposition strategy to fabricate a straight wall part using a wire feeding type DED process. The deposition strategies include different deposition directions, deposition patterns and interpass time. In order to investigate the influences of deposition strategies on thermo-mechanical characteristics of fabricated part, three-dimensional finite element analyses (FEAs) have been proposed. A volumetric heat flux has been applied to simulate the transient heat transfer phenomena of the DED process. Influences of different deposition strategies on thermo-mechanical characteristics of fabricated part have been discussed. From the result of residual stress distribution, an appropriate deposition strategy has been selected for the multi-layer deposition. Results of FEAs have been verified through comparison of vertical displacements between estimated results from FEAs and those of experiments.

공탁물 회수청구권 및 공탁물 출급청구권을 둘러싼 법률관계에 관한 소고 : 대법원 2019. 12. 12. 선고 2019다256471 판결 및 대법원 2020. 5. 22.자 2018마5697 결정에 대한 평석을 중심으로

현낙희 한국민사소송법학회 2021 민사소송 Vol.25 No.3

Once deposit is made to the deposit office, according to the Article 9 of the Korean Deposit Act, the creditor has the right to receive the deposit and the depositor has the right to recover the deposit. While these are two separate and independent rights over a same deposit, they are also interrelated as exercise of one right extinguishes the other. The legal relationship surrounding the deposit is complex and it also varies per different types of deposit. This article analyzes the legal relationships regarding security deposit and payment deposit by reviewing two recent Korean Supreme Court Cases, namely 2019Da256471 Judgement and 2018Ma5697 Decision, respectively. [2019Da256471 Judgment] With respect to security deposit, as Article 123 of the Korean Civil Procedure Act prescribes that “The creditor has the same right as a pledgee over the deposit.”, there has been a debate over the legal status of the creditor on whether it is a statutory pledge or a preferential reimbursement right. In this case, Supreme Court appears to have taken the view of the latter for two reasons. First, it has recognized the validity of the attachment by the creditor’s creditor on the creditor’s right to receive deposit. Second, it has implied direct receipt of the deposit as a principle method of exercising the creditor’s right. [2018Ma5697 Decision] As regards to payment deposit, the depositor may recover the deposit pursuant to Article 489 of the Korean Civil Act, in which case the deposit is deemed not to have been made and the effect of extinguishing the obligation disappears retroactively. In this case, the Supreme Court has ruled that when a defective payment deposit has been made, the creditor who has a separate right against the depositor may obtain attachment and collection order on the depositor’s right to recover the deposit as a compulsory execution fulling his/her separate right. Considering that such practice is allowed even when the payment deposit is proper, and that unlike German Civil Code there is no prohibition under Korean law, creditor’s right as such cannot be limited.

Optimal operating strategy of ash deposit removal system to maximize boiler efficiency using CFD and a thermal transfer efficiency model

박현도,이제성,임종훈,조형태,김정환 한국공업화학회 2022 Journal of Industrial and Engineering Chemistry Vol.110 No.-

Ash deposits generated during the combustion process on the outer tube surface of a boiler reduces theboiler’s efficiency. In most boilers, ash deposits are physically removed with high-pressure steam usingan ash deposit removal system, sootblower. However, most sootblowers spray steam with excessive pressure,without considering the characteristics of the ash deposit, resulting in problems such as waste ofsteam energy and damage to equipment. In addition, an optimal operation strategy based on the positionof the sootblower and the injection angle of the steam nozzle are not considered, leading to a loweredefficiency of ash deposit removal and steam waste. Hence, this study proposes a novel method to determinethe optimal operating conditions of a sootblower using computational fluid dynamics (CFD) and athermal transfer efficiency model considering the properties of the ash deposits. This method was developedbased on a commercial recovery boiler, and consists of (i) a sootblowing steam velocity model thatconsiders the ash deposit characteristics, (ii) a three-dimensional CFD model considering the interiordesign of the boiler, and (iii) a thermal transfer efficiency model that calculates the thermal resistancedepending on the amount of ash deposit removed. Case studies were performed to calculate the amount of ash deposit removed for various ash depositthicknesses, and sootblower positions and angles using this methodology. The boiler heat transfer efficiencywas calculated using the calculated ash deposit removal amount and thermal transfer efficiencymodel, and the optimum operating conditions for the sootblower with the optimum heat transfer efficiencywere derived. This study presents a guideline for efficiently operating sootblowers according tothe ash deposit characteristics, and can be applied not only to recovery boilers but also to other boilersin which ash deposits are generated.

대기오염 입자의 인테 호흡기내 비대칭 국부침전 특성에 관한 연구

구재학,김종숭 한국대기환경학회 2003 한국대기환경학회지 Vol.19 No.5

Particle deposition in human lungs was investigated theoretically by using asymmetric five-lobe lung model. The volumes of each of the five lobes were different, thereby forming and asymmetric lung structure. The tidal volume and flow rate of each lobe were scaled according to lobar volume. The total and regional deposition with various breathing patterns were calculated by means of tracking volume segments and accounting for particle loss during inhalation and exhalation. The deposition fractions were obtained for each airway generation and lung lobe, and dominant deposition mechanisms were investigated for different size particles. Results show that the tidal volume and flow rate have a characteristic influence on particle deposition. The total deposition fraction increases with an increase in tidal volume for all particle sizes. However, flow rate has dichotomous effects: a higher flow rate results in a sharp increase in deposition for large size particles, but decreased deposition for small size particles. Deposition distribution within the lung shifts proximally with higher flow rate whereas deposition peak shifts to the deeper lung region with larger tidal volume. Deposition fraction in each lobe was proportional to its volume. Among the three main deposition mechanisms, diffusion was dominant for particles<0.5㎛ whereas sedimentation and impaction were most influential for larger size particles. Impaction was particularly dominant for particles>8㎛. The results may prove to be useful for estimating deposition dose of inhaled pollutant particles at various breathing conditions.

Geological Characteristics of Rare Earth Deposits

Sang-Mo Koh,Ho-Wan Chang 대한민국 학술원 2011 학술원논문집 : 자연과학편 Vol.50 No.2

REE deposits can be divided into carbonatite, hydrothermal/magmatic Fe-REE, placer, alkaline and peralkaline-rock related, and ion-adsorption deposit types. LREE have been mainly produced from Bayan Obo and Mian Ning carbonatite REE deposits of China and Mountain Pass carbonatite REE deposit in USA, which is getting ready for a re-production, whereas HREE have been solely produced from ion-adsorption deposits of China. LREE-enriched deposits like carbonatite and hydrothermal Fe-REE deposits abundantly occur in the world, but HREE enriched deposits are very few. Carbonatite REE deposits are formed in relatively stable intra-plate areas but some are found near plate margins and may be related to orogenic activity or plate separation. Ion-adsorption REE deposits are formed by the weathering of REE-enriched granites under the climate of high temperature and high humidity. Two REE deposits have been also reported in South Korea. The one is Chungju Eorae Mountain REE deposit belonging to alkaline and peralkaline-rock related deposit. It is hosted in meta-volcanics of the Gyemyeongsan Formation of the Ogcheon Group, which is interpreted to have been formed by the differentiation of magma derived from the plate magmatism in the rift zone during the Neoproterozoic Era. The other is Hongcheon REE deposit belonging to carbonatite deposit and distributed in the Gyeonggi Massif. It is interpreted to have been formed by the intrusion of igneous carbonatitic melts and accompanying Na-metasomatism in the Late Proterozoic Era.

공탁법상 주요쟁점에 관한 연구

오시영 한국민사집행법학회 2008 民事執行法硏究 : 韓國民事執行法學會誌 Vol.4 No.-

공탁에 대한 법적 성질 및 개념에 대한 학설 및 판례의 입장에 대하여 살펴 보았으며 그 중 절충설의 견해가 현실적으로 가장 타당하다고 보았다. 또한 현 행 공탁법의 운영과 관련하여 문제가 되고 있는 공탁의 근거에 대한 엄격성의 완화 필요성, 일부변제공탁의 허용 여부, 부동산공탁의 허용 여부, 공탁금의 소 멸시효 적용 여부, 공탁금이자의 적정성 여부 등에 대하여 살펴보았다. 개인적으로는 공탁절차가 공법적 영역에서 법원(공탁공무원)의 후견적 기능 의 수행이라는 면 때문에 엄격하게 운영되어야 할 필요성이 크다는 점을 인 정하면서도 공탁의 본질이 공탁자와 피공탁자 사이의 재산권 분쟁을 해결하 는 수단이라는 점을 중시하여 사적자치의 법리가 최대한 보장되는 것이 바람 직하다고 본다. 이러한 기본원리를 근거하여, 일부변제공탁을 허용하는 것이 금전채권이 분할채권의 원칙에 의해 운영되는 민법에 공탁법이 부응하는 것 으로 타당하며, 부동산공탁 역시 금지규정이 없으므로 허용하는 것이 타당하 다고 생각한다. 공탁금에 대한 소멸시효의 법리는 국민의 재산권 존중이라는 헌 법정신에 비추어 볼 때 더 이상 존치시킬 이유가 없다고 할 것이므로 폐지 하는 것이 바람직하며, 공탁금이자 역시 그 이율이 너무 낮아 공탁한 국민의 재산권이 피해를 보고 공탁물보관소인 금융기관만 과도한 이익을 보는 면이 크다. 따라서 사법부가 이에 대한 관심을 가지고 금융기관의 공탁금 운영과 관련한 손익분기점을 연구하여 실질적인 불이익이 국민에게 돌아가지 않도록 공탁금금리수준을 합리적으로 상향조정할 필요가 있다고 본다. 국가우월사상이 팽배했던 19세기에 제정된 외국의 공탁법을 그대로 계수한 우리로서는 민주주의사회로 바뀐 21세기인 오늘날 사법부가 적극적으로 국민 의 재산권을 보호해줄 수 있도록 공탁금에 대한 인식을 전환할 필요성이 크 다고 하겠다. 이 연구가 공탁금과 관련하여 국민의 재산권 보장을 위한 작은 초석이 되었으면 한다. Eclectic view is actually considered as most appropriate after a review of theories and cases about deposition. Also, it was reviewed in this article about the necessity of easing strict grounds of deposition, whether to permit partial payment deposition, deposition of real estate, extinctive prescription of deposition, adequacy of deposition interest. In my opinion, it is desirable to ensure the principle of private autonomy considering that deposition is one of methods to settle property right, even though it is necessary to strictly operate the deposition process because of the parental function of the court. Based on this principle, it is right to permit partial payment deposition to comply with the Civil Act, and to permit real estate deposition because there is no prohibition provisions about it. It is necessary to allow the principle of extinctive prescription of deposition considering a property right of the people. Deposition interest rates is much lower, so it infringes property rights of the people. Therefore, it is necessary to rationally raise the interest rate of deposition after research on the break-even point of deposition management. The judicature should change perceptions on the deposit money to actively protect the property right of the people. I hope this article would be helpful in the protection of people’s property rights regarding the deposition money.

하동군 금남면 대송리 부근의 하산동층에서 산출되는 패각화석층 : 산상, 화석화과정, 고환경 및 지질유산으로서의 의미

백인성,김나영,김현주 국립문화재연구원 2011 헤리티지:역사와 과학 Vol.44 No.1

복족류 패각화석층이 반복적으로 발달되어 있는 하동군 대송리 지역의 하산동층을 대상으로, 이 지역 퇴적층의 퇴적상 및 퇴적환경을 해석하고, 수반되어 있는 패각화석층의 화석화과정 발달특성을 토대로 이 지역 하산동층 퇴적 당시의 고환경을 해석하였으며, 이 결과를 바탕으로 연구지역 퇴적층의 암층서적 의미와 지질유산으로의 가치를 고찰하였다. 연구지역에 발달된 하산동층의 퇴적층은 붉은색층을 협재하지 않고 층의 횡적인 연장성이 양호한 회색질 우세의 퇴적층으로서 대규모 범람에 의해 충적평원 내에 얕은 호수가 형성되고 이후 소멸해 가는 과정을 통해 형성된 호수 주변의 사질평원 내지 이질평원에서 천호저에 이르는 환경의 퇴적층으로 해석된다. Brotiopsis wakinoensis 단일 종만이 집중되어 나타나는 특성을 보이는 연구지역의 패각 화석층은 Brotiopsis 속의 배타적 서식특성에 기인한 것으로 여겨지며, 패각화석층의 산출특성을 기준으로 3가지 유형으로 분류된다. 이 중 유형 1과 2는 이들이 서식하던 천호저 환경에서 사후에 층상범람 및 호수의 범람에 의해 이질평원 내지 사질 평원으로 재동되어 화석화된 것이며, 유형 3은 충적평원상에 발달한 얕은 호수가 비교적 안정화된 시기에 호저에 집단으로 서식 하던 복족류들이 죽은 후 서식하던 장소에 대부분 퇴적되어 형성된 것으로 해석된다. 하산동층의 충적평원층 내에 이와 같은 특성의 호수퇴적층이 수십 m 두께의 규모로 발달된 기록은 경상누층군 내에서 일어난 하산동층(하성평원)-진주층(호수)-칠곡 층(충적평원) 간의 퇴적환경 변화의 축소판이라 볼 수 있으며, 이러한 특성의 퇴적층이 유사한 층준에 걸쳐 여러 지역에 발달 되어 있음은 암층서에 의한 하산동층의 층서대비에 추가적인 설정이 필요함을 제시해 준다. 이와 함께 연구지역 하산동층의 복족류 패각화석층은 우리나라 백악기 초기의 고환경을 이해하는 데에 귀중한 자연사기록으로서, 향후 국내 백악기 연체동물 화석층의 지질유산으로서의 가치분석에 유용한 바탕자료가 될 수 있다. Paleoenvironments of the shell deposit-bearing sequence in the Hasandong Formation at Daesong-ri area, Hadonggun, Korea, are interpreted on the basis of sedimentary facies and taphonomy of the shell deposits, with a discussion of their stratigraphic implications. A shell deposit-bearing sequence without reddish beds is mostly grayish, and the bedding is laterally extensive. These deposits are interpreted to have been formed in sandflats, mudflats, and shallow lakes generated by flooding on an alluvial plain. The shell deposits are classified into three types according to the occurrence, and the concentration of a single species of Brotiopsis wakinoensis in the shell deposits is deemed to have been attributed to the exclusive inhabitation of the genus Brotiopsis. Type 1 and 2 shell deposits are interpreted to have been fossilized in sandflats and mudflats after death in their habitat of shallow lakes and subsequent transformation by sheetflooding and lake flooding. Type 3 shell deposits are interpreted to have been fossilized in their habitat of shallow lakes during a stabilized period of lake development. The development of the shell deposit-bearing lacustrine sequence in a few tens of meters in thickness in the Hasandong Formation of fluvial deposits is compared to the shift of depositional environments from the Hasandong Formation (fluvial deposits) through the Jinju Formation (lacustrine deposits) to the Chilgok Formation (alluvial plain deposits), which suggests that additional lithostratigraphic classification is needed in the Hasandong Formation. The shell deposits at the study area can provide valuable data to understanding the paleoenvironments during the Early Cretaceous Period of Korea, and should give basic data to evaluate the value of the Cretaceous mollusc deposits in Korea as a geological heritage.

Effect of particle size on various substrates for deposition of NiO film via nanoparticle deposition system

Kim, H.,Yang, S.,Ahn, S.H.,Lee, C.S. Elsevier Sequoia 2016 THIN SOLID FILMS - Vol.600 No.-

We report the deposition mechanism of NiO particles using a nanoparticle deposition system. To understand the effects of particle size and substrates on the deposition, nano-, 100-nm-, sub-micro-, and micro-sized NiO particles were deposited on Si wafers, Ni-coated Si wafers, and fluorine-doped tin oxide (FTO)-coated glass. It was found that 100-nm- and nano-sized NiO particles were deposited, forming loosely compacted coating layers, by the breaking up of agglomerates, regardless of the type of substrate. In contrast, sub-micro- and micro-sized NiO particles formed dense and compact coating layers by deformation and fracturing on the Si and Ni-coated Si wafers. Moreover, sub-micro- and micro-sized NiO particles were not deposited on FTO glass; this was likely attributable to the NiO being harder than FTO glass and the micro-sized NiO particles would likely have rebounded on impact, resulting in no deposition. Thus, the deposition mechanism of NiO particles may be greatly related to the relative hardness difference between the NiO particles and the substrate. Moreover, it was found that different particle sizes resulted in different friction and mobility, based on response angle measurements, influencing the deposition mechanism(s), especially at the interface. When the particle size was greater than 100nm, the deposition was due primarily to deformation and fracturing during the collision with the substrate. In particular, the 100-nm-sized NiO particles showed both mechanisms, a two-step process, with deformation or fracturing at the interface between the substrate and particles, followed by a loosely compacted coating layer forming, preserving the original particle shape. Thus, it was confirmed that the 100-nm-sized NiO particles were at or near a boundary for deposition mechanisms. The effects of particle size and substrate for dry deposition were explained successfully by assessing the deposition behavior using analytical tools.