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치유의 숲 조성·관리 부분에서 치유의 목적에 적합하며 최상의 치유효과를 낼 수 있는 숲가꾸기 간벌형식과 방법이 필요하다. 본 연구는 치유의 숲의 숲가꾸기 및 숲 관리에 대한 지침의 기초자료 제공을 목적으로 치유의 숲에서 산림치유 프로그램 진행자의 관점과 체험자의 감정 · 심리적인 측면을 고려한 치유의 숲에 적합한 간벌 형식과 방법에 관해 연구하였다. 이를 위해, 산림치유프로그램 진행경험이 있는 전문가 집단을 대상으로 2014년 11월 28일부터 2015년 3월 15일까지 총 4차례에 걸쳐 방문표집과 온라인 설문으로 치유의 숲에 적합한 간벌 형식과 방법에 관한 설문을 실시하였다. 본 연구에서는 총 53부의 유효표본이 실제 분석에 사용되었다. 자료분석은 SPSS 21.0 프로그램을 사용하여 기술통계분석, 빈도분석을 실시하였다. 치유목적으로 활용할 수 있는 스토리텔링 나무 항목의 필요척도 순위결과는 생태가 있는 고사목 특이한 형태의 나무 향기가 있는 나무 주 임목군에 독립적으로 서있는 다른 나무 꽃이 피는 나무 맛볼 수 있는 열매를 맺는 나무 독특한 수피를 가진 나무 수관이 다른 나무보다 높고 넓은 큰 나무 약용으로 사용되는 나무 가슴높이 정도에서 여러 가지로 뻗은 교목의 순으로 나타났다. 치유의 숲에 대한 숲가꾸기 작업 시 고려사항의 중요도는 치유소재로 사용하고 있는 나무와 하층식생 보호 위험요인 제거 햇빛의 투과량 조절 조망할 수 있는 시야 확보 죽은 가지 제거의 순으로 나타났다. 그리고 숲길변 좌우 가시권은 40~50m 정도가 적당하며, 풀베기 작업은 연 3회, 지형적 숲길형태로는 계곡과 산복, 능선이 혼합된 숲길을 가장 선호하였다. 치유의 숲에 대한 숲가꾸기 간벌형식은 정량간벌과 정성간벌을 절충한 방식이 가장 적합하다고 응답하였다. 결론으로 본 연구자는 치유의 숲에 적합한 간벌형식을 임목밀도 조절의 정량적 간벌과 치유목적의 스토리텔링 나무 선목의 정성적 간벌을 절충한 간벌형식을 제시하며, 간벌 방법은 다음과 같다. 첫째, 치유의 숲의 숲길변과 프로그램 진행 장소에서 가시권에 해당하는 지역은 임목밀도 조절의 정량적 간벌과 본 연구에서 제시한 치유목적의 스토리텔링 나무 선목의 정성적 간벌을 절충한 방식을 적용한다. 둘째, 그 외의 치유의 숲 지역은 기연구된 선호하는 임목밀도 조절 방식의 정량간벌을 적용한다. 셋째, 간벌작업 설계 전 산림조사 시에 해당 ‘치유의 숲’의 산림치유지도사와 프로그램에 사용되는 수목(보호목)에 대하여 사전 협의한다. 넷째, 체험자의 안전과 프로그램 진행자의 심리적 불안감 해소를 위해서 숲길과 프로그램 진행장소에 있는 위험목과 교목들의 죽은가지는 깨끗하게 제거한다. This study was conducted to suggest a thinning method to find out materials needed and preserve forest for forest healing programs. A Delphi survey was implemented to draw survey questions necessary for taking care of healing forest; a survey for people who have career in forest healing program was also conducted to figure out the importance of storytelling trees. The result showed that the suitable thinning method for healing forest is the eclectic method of quantitative and qualitative thinning methods. There were 10 tree types in the importance of selecting storytelling trees: dead wood in ecological state, unusual type of wood, fragrant wood, another trees standing independently in the main tree group, flowering trees, trees bearing fruit to taste, wood with a distinctive bark, wider and larger trees, wood for medical use and tree extending to various degrees at chest height in the following order. Therefore, considering 10 tree types above it is recommended to preserve and take care of trees for storytelling in healing forest.
손상부피법을 이용한 Countersunk Open-hole 복합재의 파손하중 예측
김웅진 경상국립대학교 대학원 2024 국내석사
In this study, damage volume method based on 2D finite element analysis was proposed to predict the failure load of the countersunk open-hole area of carbon fiber composite materials. Specimens were manufactured in a [45/0/-45/90/90/-45/0/45]2S stacking order, and to simulate the failure of the composite material, M4 Countersunk Open-hole specimen test was first applied with three different cases(25%, 50%, and 75%). Countersunk Open-hole specimens were classified by depth. The tensile failure strength of the countersunk open-hole composite was confirmed through experimental methods, and the load obtained through the test was used in finite element analysis to predict fracture behavior. In the analysis, the Tsai-Wu Criteria was applied to explain in-plane failure of composite materials. The result through testing M4 countersunk open-hole specimen was used for the 2D finite element analysis to get the damaged volume and it was possible to get the damage volume method for the countersunk open-hole specimen. As a result of predicting the failure load of the countersunk open-hole specimen using the proposed damage volume method, it was possible to predict the failure load of the specimen within an error range of 12%.
김웅진 성균관대학교 일반대학원 2010 국내석사
O-cell 시험법은 말뚝의 선단부에서 상향과 하향으로의 하중을 동시에 작용시켜 이때의 변위를 각각 측정하는 말뚝재하시험으로 말뚝에 하중을 가하기 위한 반력장치가 불필요하기 때문에 경제적이고 안전한 시험이 가능한 장점을 가지고 있다. 그러나 국내의 암질지반에 설치된 말뚝의 지지력 및 말뚝의 안전성을 검토하기 위한 기초적인 연구는 부족한 실정으로, O-cell 시험법은 주면마찰력과 선단지지력이 서로 반력으로 작용하므로 어느 한쪽 성분이 극한에 도달하면 다른 쪽의 극한 값을 정확히 측정할 수 없다는 한계점이 있다. Smart 양방향 말뚝재하시험은 축소된 선단재하판을 이용하여 축소 선단에서 첫 번째 단계의 재하를 하고 주면마찰지지력 측정을 위하여 두 번째 단계의 재하를 하는 시험법으로 O-cell 시험법의 개선된 시험법이다. 첫 번째 단계에서 축소된 선단을 사용하여 하중재하를 하므로 말뚝의 주면마찰력만으로 선단지지력에 대한 반력을 충분히 확보할 수 있다. 따라서 기존 O-cell 시험법을 사용했을 때 주면마찰력성분이 먼저 극한에 도달할 경우 선단지지력을 정확히 측정하지 못했던 문제점을 해소할 수 있다. 본 연구에서는 Smart 양방향 말뚝시험의 결과를 이용한 말뚝의 극한지지력을 산정을 목적으로 한다. 축소선단의 선단 지지력에 대한 영향인자를 분석하기위해 지반 조밀도와 선단 축소비를 달리하여 모형시험을 수행하고 그 데이터를 토대로 등가 하중-변위곡선 산정법과 선단 지지력 감소 계수, 침하량 변환 계수 등을 제안하였다. 현장시험은 두 개의 말뚝을 암반 근입길이와 선단 축소비를 달리하여 시공하였다. 현장시험 데이터에 등가 하중-변위곡선 산정법을 적용하여 Smart 양방향 말뚝시험의 현장 적용성을 판단하고 제안된 등가 하중-변위곡선 산정법을 검증하였다. Osterberg developed a relatively low cost testing method, Osterberg cell test which comprises a separation of the shaft and end behavior. The Osterberg cell test provides a simple, efficient, and economical method for performing a static load test on a pile foundation. But the Osterberg cell test has the disadvantages that if one of the side friction and end bearing is reached the ultimate, the test cannot be going on. Because the bi-direction bearing capacities are the reaction against each other. Smart bi-directional pile load test overcomes the shortcoming of the application of the conventional Osterberg cell test for the large diameter pile or the embedded piles into rock. It is possible that the ultimate bearing capacity of the bi-direction can be known by using loading of the end plate and tow stage procedure. The two stage load procedure is possible that the bi-direction ultimate capacity is verified by one test. A Model test of the Smart bi-directional pile load test is performed to evaluate the scale effect of the end plate in soil. To simulate the Smart bi-directional pile load test in a laboratory, the small-scale model pile is designed. Based on the results of the dimensional analysis of Smart bi-directional pile load test in homogeneous sand soils, the section of the members of the model scaled bi-directional pile load test with variable end plate is determined. In order to verify and apply in field, the full scale experiment is carried out and to compare with static pile load test, conventional static pile load test is carried out in same diameter and length of pile. the obtained relation end bearing capacity and settlement is possible to make the equivalent load-settlement curve. The constructed equivalent load-settlement is compared with the load-settlement curve of the conventional pile load test.
기술유출범죄의 대응실태와 개선방안 : 정부의 산업보안 정책을 중심으로
The purpose of this study was to review the recent conditions of the technology leakage crimes and address the problems of Korea's counter-measures on the crimes, and thereupon, examine the measures at the level of the government to induce the companies to manage their businesses legally and prevent the technology leakage crimes effectively and explore the ways to reform the legal and institutional systems encompassing the international cooperative system and the investigational competence. For this purpose, the researcher reviewed relevant literature about the technology leakage crimes including special books, dissertations, periodicals and the materials published by government and public organizations to establish a theoretical framework for the study, and thereupon, suggested some effective counter-measures on the technology leakage crimes through a case study. The problems of the counter-measures on the technology leakage crimes can be addressed as follows; The problems addressed are 1) lack of law and systems, 2) poor preventive systems, 3) poor sense of security, 4) insufficient investigative competence and 5) less stern criminal punishment. The solutions to the above problems can be suggested as follows; First, it is necessary to arrange a legal ground for monitoring the electronic mails by rearranging law and system, while designing the measures to prevent misuse or abuse of monitoring. And the evidence seizure system needs to be complemented. Second, it is also necessary to construct an effective prevention system, introduce an industrial security accreditation system and construct an earlier control system. Third, it is essential to promote people's sense of security through industrial security education programs. Fourth, it is necessary to enhance the investigative competence. To this end, professional manpower should be recruited, while an industrial technology security licence system needs to be introduced for prosecutors, police and National Intelligence Service to recruit qualified investigators. Then, unnecessary time and budget could be saved, while internal professionals could be effectively fostered. Fifth, the criminal punishment of the technology leakage criminals should be stern. Namely, penalties and criminal punishment should be stern, while the criminals should be cracked down on and punished systematically through reinforcement of the cooperative system among relevant authorities including National Intelligence Service, recruitment of professional manpower, systematic crack-down by monitoring the trends in financial and stock markets, permanent cooperation with Small & Medium Business Administration and Ministry of Education, Science and Technology, and the like. In addition, in order to have the professional technology leakage criminals checked intensively to be appropriately punished, it is necessary to indict them and recollect the criminal profits thoroughly for effective criminal punishment. This study which is practical and empirical for the field investigators rather than academic or theoretical analyzed the types and cases of the technology leakage crimes at present or in future rather than in past and thereby, suggested the directions for effective and actual punishment of the technology leakage criminals. However, this empirical analysis could not be quantitative. Lastly, it is hoped that this study will be followed up by future studies which will analyze the technology leakage crimes by industry, technology and organization.
國際物品賣買契約上의 履行不能에 관한 硏究 : 履行不能法理를 中心으로
Frustration is a type of breach of contract and its concept has been interpreted more or less differently according to nations. Its concept is also on the tendency of broadening in meanings in accordance with the trend of liberalization. In England, the concept of frustration is mow used as the one inclusive of the impossibility or frustration of barformamce in its original meaning used in the Continent laws. Impracticability and frustration of purpose while, in America, it is classified for use into the original frustration of barformamce and frustration of purpose. This is a good example of the divergence in meaning even in one same word. Unlike the British and American laws, we do not differentiate frustration of purpose and frustration of performance each other but use the concept of frustration as the former including the latter, which usually means the impossibility of performance to fulfil the contents of obligation since the establishment of credit because of debtor's reasonable causes. Though this usage is different in meaning to the frustration used in the British and American laws, the concept of frustration that corresponds to the usage in the civil laws of England and America can be found in the frustration not caused by the debtor's negligence of his own responsibilities. Despite these differences in understandings, the civil laws of our country and those of England and America have the following points in common: 1. The frustration is to be caused from the reasons for which the debtor is not responsible. 2. It should be the frustration occurred posterior to the agreement of contract. 3. It is not retroactive. 4. And it nullifies the effects of contract in the actual enforcement of laws because of its being the frustration of the purpose of contract itself. The legal theories of frustration in England were developed from the judicial precedents on the issues to compensate the depreciation, loss and expenditure of the object materials in the contract occurred from the causes for which the parties are not responsible with the so called Coronation case. In America, the theories on frustration started to bloom on the depreciation and loss of partial payment of the contract for work and materials regarding the constructions. But its severely restricted usage became somewhat alleviated to exempt not only the case when the performance of contract is imbaratively impossible but also the one when the performance becomes impracticable. These theories of laws in England and America exerted their influence on the legislation of "Uniform Law on the International Sales of Goods" and "URN. Convention on Contracts for the International Sales of Goods", which discuss in common the details of frustration in a separate clause "exemption". The conditions for the formation of frustration are different between those in the British and American laws and those in our laws. Frustration is established only in limited conditions. Though there is not any fixed patterns for the conditions to accomplish frustration, they could be classified, in general, as in the followings: 1st, performance of contract contents should be impracti-cable or the purpose of the contract should be nullified due to some posterior event to the agreement of contract between both parties. 2nd, the occurrence of frustration should not be derived from the causes for which the party concerned is not responsible. 3rd, there must have been some essential or fundamental changes in the procedure of the event. 4th, there must not be any designated agreement on the performance between concerned parties. However, these conditions are not applicable to the establishment of frustration in case the occurrence of corresponding accident has been expected or the concerned party had absorbed the responsibility for the expected risks at time of signing agreement. In addition, the application of the theories on the frustration is excluded in the following cases: when one concerned party has intentionally made it unavailable to use the means for barformance, when there still exists substitute means to carry out barformance, when he himself caused to raise the results of frustration and when there has been only the simple increase of costs for the barformance of contract. In all of the above cases, when there is certain agreement of performance based upon definite regulations on the contract, it is available to exclude the application of the conditions for frustration but the definitely regulated clause in the contract is not imperative in this exclusion. For example, when there is the supervening illegality such as the outbreak of war, the spirit of legal theory on the frustration is applied prior 'to the specified regulations of the contract. The difference in the effects of frustration according to the civil laws of each nation is well noted in that in America, unlike England, the doctrine of the entirety of consideration is not so strictly applied and oven in case of partial failure of consideration, the retrieval claim is admitted for the difference of value of the partial performance which has been duty paid for already. In case of retrieval claim for the interest amount caused from the partial barformance of the contract by the means except money, the doctrine of entire contracts is applied as bar the case of England but the doctrine of entire contracts is not applied in case the contracts are several, the performance is received voluntarily and there is some actual partial delivery of performance for which retrieval is permitted. However, in case the frustration of performance arises, problem of damages does not intervene but only the problem of risk of loss based on the principle that the debtor should bear the risk of loss is the one that matters, which is the same case shared by the English and American laws. Also, they have the same usage of frustration in the fact that if the creditor has already transferred counter-performance, he could issue retrieval claim on the reason of the unjust enrichment by the disappearance of object. This is of benefit for the arrangement of risk of loss and for the exclusion of needless expanses for risk of loss under the mutual special agreement between concerned parties. The relationship between frustration of performance and force major is a very close one to each other since the theories of frustration admits the frustration of performance by force major or the absolution of contract due to the disappearance of contract purposes and the exemption of the responsibility of the party concerned. The introduction of the theories on the frustration in the contract of international sales of goods has finally shown the concretized form of Force Major Clause for further expanded use because the business dealers themselves had felt the need to put in the exemption clause in their contract since the courts were not favorable to this concept of frustration. The concerned parties of contracts began to insert and adopt the form of force major to complement the injustice in their risk of responsibilities for the frustration of contract even when its performance is impracticable due to the uncontrollable force major after the agreement of contract and to effectively encounter the frustration caused by unintentional occurrence. Since it is determined by the interpretation of the contract and its force major to judge whether some event could be regarded to belong to the category of force major clause or not, since it is almost impossible to illustrate all the occurrences as the items of force major clause in the contract, and since the items expressed in an obscure manner could not be considered to be suitable for force major. It is required, for these reasons, to clarify on the performance of frustration and accordingly the establishment of detailed and precise force major clause for it to become effective in the matter of actual operation. Therefore, in the establishment of force major clause, the followings have to be borne in mind: 1st, the concerned parties of the contract should have deep understanding of the legal theories on frustration which have been discussed up to now for the establishment of force major clause in a perfect status. 2nd, against the case when it happens that some accident broke out to satisfy the conditions for frustration, the positions of the parties concerned, in case of frustration, have to be clearly provided in the contract with due consideration of the essence of the contract and their current status. 3rd, for the prevention of the occurrence of breach of contract derived from the difference of contract interpretation, it should be arranged to use words which have precise meaning in legal aspect and which give no essential changes in the meaning of force major so that where should not be any divergence in interpretation of force major. 4th, in case of the illustration of exemption items, they should be described in the inclusive and not restrictive manner to expand the range of exemption. 5th, the causes for force major which could be foreseeable in advance should be described in concrete and detailed form. 6th, when the reasons applicable to this force major clause occurred, it is necessary to clearly specify the basis for the deletion of the performance of contract. 7th, in the establishment of this clause, it is necessary to consider the effects that it might have on the interpretation and context of the contract. 8th, it is needed to prepare the methods for measures against the extension of performance period and against temporary failure of performance. 9th, it is required to utilize the partial frustration clause and hardship clause depending upon the character of the contract. The above-mentioned requirements must be put in mind in the preparation of contract for the concerned parties who make the agreement on the international purchasing and sale of goods to prevent possible disputes on their power and responsibility and to achieve smart busyness' deals.