• Journal of Arbitration Studies
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• v.26 no.4
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• pp.3-41
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• 2016

This paper reviews the problems on the arbitral awards enforcement in the 2016 Korean Arbitration Act. In order to get easy and rapid enforcement of the arbitral awards, the new arbitration act changed the enforcement procedure from an enforcement judgement procedure to an enforcement decision procedure. However, like the old arbitration act, the new act is still not arbitration friendly. First of all, there are various problems in the new act because it does not approve that an arbitral award can be a schuldtitel (title of enforcement) of which the arbitral award can be enforced. In this paper, several problems of the new act are discussed: effect of arbitral award, approval to res judicata of enforcement decision, different trial process and result for same ground, possibility of abuse of litigation for setting aside arbitral awards and delay of enforcement caused by setting aside, infringement of arbitration customer's right to be informed, and non-internationality of enforcement of interim measures of protection, inter alia. The new arbitration act added a proviso on article 35 (Effect of Arbitral Awards). According to article 35 of the old arbitration act, arbitral awards shall have the same effect on the parties as the final and conclusive judgement of the court. The proviso of article 35 in the new act can be interpret two ways: if arbitral awards have any ground of refusal of recognition or enforcement according to article 38, the arbitral awards do not have the same effect on the parties as the final and conclusive judgement of the court; if arbitral awards have not recognised or been enforced according to article 38, the arbitral awards do not have the same effect on the parties as the final and conclusive judgement of the court. In the case of the former, the parties cannot file action for setting aside arbitral awards in article 36 to the court, and this is one of the important problems of the new act. In the new act, same ground of setting aside arbitral awards can be tried in different trial process with or without plead according to article 35 and 37. Therefore, progress of enforcement decision of arbitral awards can be blocked by the action of setting aside arbitral awards. If so, parties have to spend their time and money to go on unexpected litigation. In order to simplify enforcement procedure of arbitral awards, the new act changed enforcement judgement procedure to enforcement decision procedure. However, there is still room for the court to hear a case in the same way of enforcement judgement procedure. Although the new act simplifies enforcement procedure by changing enforcement judgement procedure to enforcement decision procedure, there still remains action of setting aside arbitral awards, so that enforcement of arbitral awards still can be delayed by it. Moreover, another problem exists in that the parties could have to wait until a seventh trial (maximum) for a final decision. This result in not good for the arbitration system itself in the respect of confidence as well as cost. If the arbitration institution promotes to use arbitration by emphasizing single-trial system of arbitration without enough improvement of enforcement procedure in the arbitration system, it would infringe the arbitration customer's right to be informed, and further raise a problem of legal responsibility of arbitration institution. With reference to enforcement procedure of interim measures of protection, the new act did not provide preliminary orders, and moreover limit the court not to recognize interim measures of protection done in a foreign country. These have a bad effect on the internationalization of the Korean arbitration system.

• The Journal of Internal Korean Medicine
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• v.11 no.1
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• pp.93-107
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• 1990

Studies on diagnosis and treatment of tumor . abscess . ulcer in intestinal carbuncle were carried out. The result of studies were summerized as follows: 1. By Nai-Gyung carbuncle-tumor arose from disharmony between nutrient and defensive because of cold, abscess arose from fever victory between cold and fever, ulcer arose from decreasing function of Bi-Kam year. By latter literature Bi-Kam year could be interpreted that spleen stomach was invaded evil influence from unattainable vital force of the earth. 2. Sites of intestinal carbuncle were large intestine, small intestine, intestinal inside or outside between large and small intestine, Intestinal carbuncle was common name of a disease about large intestinal carbuncle, small intestinal carbuncle, pelvic intestinal carbuncle, shrink leg intestinal carbuncle etc.. Pain appeared Chunchu-Hyul in large intestinal carbuncle, and Gwanweon-Hyul in small intestinal carbuncle. 3. On abdominal diagnosis tumor had indistinct pain of Gwanweon Chunchu, edema and heary feeling in low abdomen, no excessive pain by hand press and intestinal boiling sound. In abscess pain descended from right side of low abdomen to huckle, and there was rejection against press, feeling about fever,water sound with flank movement. In ulcer hand approach was difficult since excessive pain diffuse to whole abdomen, and perforating ulcer sometimes caused a serious symptom of umbilical pus. 4. On fecal and urinary diagnosis in tumor urine was yellowish red pollakiuria like gonorrhoea and occasional constipation. In abscess uncomfortable rough pain short red early urine like gonorrhoea appeared during urination, and constipation with stinging pain appeared during defecation. In ulcer red rough pyuria appeared, and stinging and pain with puruloid blood appeared during defecation. 5. On treatment in tumor Daiwhang-Tang Daisenggi-Tang Dangui-Jun by dissipation method, calming down method, interior reliance maturation method, in abscess Mokdan-San Euiiin-Tang Jeokduiin-Tang by the method of water repelling pus discharge, acute breaking, in ulcer Takridanggui-Tang Paljin-Tang Bojungikki-Tang were each used by the method of interior reliance, virulence astriction, supplement vital force and blood, supplement spleen stomach. 6. On treatment patient may have to be careful of excessive moving and suprising anxiety. Abuse of acupuncture and moxibustion made patient worse, misuse of analgesics purgative intestinal irrigation etc. could provoke difficult diagnosis and perforation. So you must treat after exact diagnosis. 7. Prognosis of ease tumor ease abscess ease ulcer and ease astriction was good. If the intestinal carbuncle were not to promote to abscess and ulcer for a long time, its prognosis was bad and it could metastasize to cancer because of dark purple with hardness. So tumor abscess ulcer in intestinal carbuncle may be significant of precancerous lesion.

• Journal of the Korean Institute of Landscape Architecture
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• v.46 no.3
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• pp.103-116
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• 2018

The Park Act (1967~1980) was the first law to define urban parks in Korea. The urban parks of that time were similar to a reservation area used for other purposes after giving regulation. Because 'the urban park as a reservation area' in the past is a repeated park issue in the present, it is necessary to consider the issues of the original law system that created the cause. From this perspective, this study analyzed the legislation to reserve an urban park by collecting bills and information about the factual relationship between 1960 70s park issues and the Park Act. Analysis showed that the reason for the adoption of different kinds of urban parks in the law of a nature park is that a negative list separated from the Urban Planning Act is required to curb private usage. Inherent in the Park Act, however, was the problem of allowing the encroachment of urban parks by governmental power. (1) The Park Act sets out a wide range of cases to abolish urban park. (2) Unclear setting of governmental power could abuse the urban park. (3) Insufficient standards were able to erode the urban park with large for-profit facilities. (4) The inactivity of the Urban Public Park Committee had reduced democratic decision-making and professional judgement on park issues. Therefore, the Park Act was characterized as infringing on the environment and right to urban parks and took a passive attitude in creating parks and in citizen usage thereof. The Park Act had limitations as a progenitor for establishing the characteristics and concepts of urban parks.

• Convergence Security Journal
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• v.18 no.2
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• pp.167-177
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• 2018

Major countries, such as the U.S., UK and Germany have reformed their national intelligence systems in the face of transnational, asymmetric and comprehensive threats since September 11, 2001 and have strengthened the intelligence capacity involved in countering terrorism and WMD proliferation, right/left extremism threats. The Korean Moon Jae-in government is preparing a reform plan to eliminate illegal political intervention and abuse of power by the National Intelligence Service(NIS) and to rebuild it as an efficient national intelligence agency for national security. In discussing the reform direction of the NIS, it is necessary to discuss in detail whether adopting a separate model of intelligence agencies to restrict domestic intelligence activities of the NIS and concentrate on foreign intelligence activities or establish new domestic intelligence agencies. Second, as for the issue of transferring anti-Communism investigation authority of the NIS to the police, it needs to be carefully considered in terms of balancing the efficiency and professionalism of intelligence agency activity in the context of North Korea's continuous military provocation, covert operations and cyber threats. Third, it should strive to strengthen the control and supervision functions of the administration and the National Assembly to ensure the political neutrality of the NIS in accordance with the democratization era, to guarantee citizens' basic rights and to improve the transparency of budget execution.

• International Commerce and Information Review
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• v.16 no.4
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• pp.79-102
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• 2014

A parallel importation is a non-counterfeit product imported from another country without the permission of the intellectual property owner. It is caused by price differences between countries. Therefore parallel importation are implication in issues of international trade and intellectual property rights(hereafter referred as IPR). This paper provides parallel importation issues of Korea and China under the IPR laws such as patent, trademarks, copyright and analyzes difference between two countries. In China, patent law regulates exhaustion rights which is based theory of a parallel import for the first time unlike trademark law and copyright law. On the other hands, Korea rules parallel importing under Korean customs regulations. In conclusion, two countries have no provisions that advocate a parallel import under IPR laws. This paper suggests some improvements to overcome the limitation of current regulation system and avoid trade friction between two countries. First of all, two countries should clearly make a rule about parallel import in IPR law such as definition of parallel importation, genuine goods, permission conditions, importing proses, penalty and remedy etc. Secondly, two countries should prohibit an abuse of a exclusive import agent's rights and manage a parallel importer not to cause consumer's complain about goods to expansion parallel imports. Finally, two countries should cooperate not to cause disputes about this issue with a communication channel.

• Korean Security Journal
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• no.58
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• pp.9-34
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• 2019

The Korean Police Force is equipped with the dual responsibility to not only protect the constitutional right to protest, but also prevent potential disorder and misconduct might be caused by the abuse of such a right. To this end, the Korean national police employ the crowd counting methodology, termed 'Maximum Figure at Any One Time' with a view to dispatching the proportionate number of police officers to protest scenes for safety management. However, protest organizers rather take advantage of 'Cumulative Figure' methodology, the purpose of which being to publicize the wide recognition of success, noticeably by demonstrating that as many people as possible support for their cause or voice. Hence, different estimates generated by different methods have raised serious political issues in Korean society. Nevertheless, it is found out that there are only three existing academic studies in Korea regarding crowd counting methods, and they are mainly geared towards comparing the two methods, unfortunately without any attempt to analyze the foreign literature in details. Keeping the research gap in mind, the research conducts a comprehensive review of the foreign literature with relation to protest crowd counting methods. Derived from the review and analysis, the counting methods can be broadly categorized into the three models such as: 1) Grid/Density Model, 2) Moving Crowds Model, and 3) Electronic & Non-Image Model. In the end, the research provides brief explanations regarding specific research findings per each model, and further, suggests some policy implications for the development of more accurate crowd counting methodology at protests in Korea.

• Journal of Preventive Medicine and Public Health
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• v.26 no.1 s.41
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• pp.1-19
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• 1993

Mail questionnaire was administrated to 370 practising physicians and 388 pharmacists in Taegu city selected by systematic sampling to examine utilization states and opinion of pharmacy under medical care insurance programme and the attitude to the functional division between physicians and pharmacists from April to May 1992. Regarding the opinion on the outcome of drug-store under medical insurance, 71.2 percent of practicing physician answered faliure but 13.4 percent of practicing pharmacists answered failure in contrast. Fifty percent of practicing physician asserted introducing functional division between physician and pharmacist while 66.9 percent of practicing pharmacist answered drug-store under medical insurance itself is sucessful programme. Average daily numbers of preparation of medicine was 32.2 case. Percentage of utilization of drug-store under medical issurance to average daily cases of preparing of medicine was 20 percent, percentage of utilization with physician's prescription was 0.7 percent. And 58.7 percent of practicing physician experienced outside the institute prescription. Regarding the opinion on the pros and cons of enforcing functional division between physician and pharmacist, 59.2 percent of practicing physician prefered pros and 17.7 percent cons, but 38 percent of practicing pharmacist prefered pros and 45.5 percent cons. And pharmacist knew better the content of functional division between physician and pharmacist than physician. As a reason for pros of enforcing functional division between physician and pharmacist, practicing physician emphasized to prevent misuse or abuse of medicine but practicing pharmacist emphasized to display physician and pharmacist's professional ability. And as an opinion on implementation style of functional division between physician and pharmacist in pros respondents, practicing physician favored mandatory enforcement (52.3%), while practicing pharmacist favored partial incomplete functional division (81.7%). As the method of prescription if functional division between physician and pharmacist will be enforced, both practicing physician and pharmacist prefered generic name (44.0%, 89%) mostly, but physician prefered brand name (35.3%) secondly. Regarding the reason for not implementing functional division between physician and pharmacist up to date, both physician and pharmacist answered problem of business right between physician and pharmacist, followed by lack of recognition, and interest of people and lack of the govermental willness. Regarding the opinion on prior decision of condition for enforcing functional division between physician and pharmacist, practicing physician and pharmacist named uneven distribution of medical facilities and drug-store between rural and urban, inequality of physician and pharmacist manpower and the problem of manpower demand and supply mostly, and practicing physician pointed out establishing attitude of acceptance on the part of pharmacist and practicing pharmacist favored establishing attitude of acceptance on the part of physician, which was different attitudes between physician and pharmacist. Following conclusion was reached ; 1. Current drug-store under medical insurance program yield insufficient outcome, so we should consider program conversion from drug-store under medical insurance program to functional division between physician and pharmacist. 2. There were problem of business right and conflicts between physician and pharmacist at enforcing functional division between physician and pharmacist, so the goverment should search for formulating plan to resolve the problem and have neutral willness for the protection of the national health.

• Journal of Korean Society of Forest Science
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• v.4 no.1
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• pp.1-8
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• 1965

In this study, the present institution of reserved forests in Korea has been criticized through the analysis of the present situation of reserved forests in Korea, and mainly, on designation and cancellation of them because of this important institution thought as restriction of forest ownership. Reserved forest land in Korea as of the end of 1962 is 996,915 chungbo in area, or about 14.8% of the total forest land area, 6,750,324 chungbo in Korea, and we can find that the area of reserved forest land has increased remarkably since the Liberation in 1945, in comparison with about 180,000 chungbo-a little over 1% of the total forest land area, 16,000,000 chungbo, through Southern and Northern Korea till the Liberation in 1945. This fact clearly proves that Korean forests are extremely devastated since the Liberation in 1945, and in Korea we can find that reserved forest policy is very important in forest policy, consequently, reserved forest institution must be dealt with care. Moreover, the area of reserved forest land, 996,915 chungbo, which is divided into 43,820 chungbo of national forest land, 59,302 chungbo of public forest land, 893,793 chungbo of private forest land, and private forest land is excellently large, or about 89.7% of the total area of reserved forest land. In this number, we may understand the fact that reserved forests have the most influences on private forests, therefore, we may recognize that it is necessary for reserved forest constitution which is infringement of private right to be carried out carefully. From the first beginning, the institution of reserved forests is serious restriction to the forest ownership. Consequently, when the area of reserved forest land grows, it interferes seriously with the free forest management and the desire for forest own ership is decreased, at the same time, forest enterprise results in obstruction. Especially, Korean forests are destroyed extremely at present, so, intensification of reserved forest institution is unavoidable for completion of the national aim which forests have, but the author thinks that reserved forest institution must be as avoidable as possible, and we have to obtain good results by supervision of forest management which is regulated in the Forest Law. Consequently, designation of reserved forests must be minimized, and although forests were already designated as reserved forests they must be cancellated as fast as fast as possible and put them free in the owner's hands when they are in cancellation conditions. According to the provision of Article 18 of the Forest Law concrete cases designated as a reserved forest are enumerated for the purpose of maintaining the forest ownership and avoiding to give the forest authorities a free hand in order to protect forest owners from one-sided damage. Therefore, the forest authorities must not abuse the institution of reserved forests, and it is not good tendency to give only the authorities a free hand in eesignation and cancellation of reserved forests, and especially, when the forest owners object to that, establishing some legal organization like the reserved forest council in each province in order to hear about impartial opinions, and it is more suitable than administrative disposal by the same organization. The compensation of damages for reserved forests by the provision of Article 25 of the Forest Law is a different problem by forest policy, but the results of compensation of damages regulated in the Forest Law are wholly lacking up to now, the author thinks that this is caused to poor forest cover, the forest owner's unconcern and insincerity of administrative authorities. Therefore, the government must enlarge the range of compensation and minimize the forest owner's economic sacrifice, also, the government must mollify the conditions of the legal restrictions to reserved forests, and harmonize with functions of national conservation and economy. This means that it is necessary to modify the restrictive conditions for the effective utilization of forest resources within the range in which can be attained the purpose of designation, from permanent prohibition of cutting. Except the reserved forests of fish habitat, public sanitation, maintaining scenery and navigational mark ect., most of reserved forests are prohibited from cutting, and the present situation of forests in Korea are extremely devastated and those forests are not so expected in cancellation possibility in near future. Therefore, when the forest owners apply for national purchase of those reserved forests, the government had better nationalize them, protect and manage to reduce the forest owner's economic sacrifice.

• Journal of the Korean Society of Costume
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• v.39
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• pp.113-123
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• 1998

This study focuses on the effects of the clothes worn by kisaeng; courtesans trained in singing and dancing, on changes in female psychology as reflected in general women's fashions during the later years of the Chosun dynasty. During this period, the social order had broken down considerable, due in part to the introduction of Roman Catholicism, and in part to the actions of Sil-hak, who emphasized open-ness and practicality in the organization of social affairs. This freer social environment disrup-ted the established social hierarchies. The kisaeng were among the first to respond to the new social mores by adopting more colorful, sensual, and individualized fashions. Their social position allowed them to reflect the new aesthetics of the time right away. Those aesthetics seemed to lay great emphasis on the artistic effects of contrast. The kisaeng would adorn their heads with large Kache (an elaborate wig or hairdo typically reserved for use by women in full formal dress). In contrast to this conspicuous hairstyle, they typically wore very tight-fitting Jogori (short-cropped Korean traditional jackets for women) around their upper torsos. The long skirts emerging from beneath these short jackets would typically flare out dramatically, with the aid of petticoats. However, these skirts would be bound at the waist with a sash, increasing the sexual suggestiveness of the clothing by drawing at-tention to the hips, and by exposing the bottom frills of the petticoats, or the wide pantal-oons and other undergarments the kisaeng wore to add volume to their skirts. The relative freedom enjoyed by the kisaeng to experiment with new fashions was not widely shared by most women. This generated envy from women of the noble classes, who were more bound by convention, and restrained from adopting such a mode of dress. It also generated envy from women of the humble classes, who saw the kisaeng as working little for their wealth, and yet dressing every day in finery that the average women would only ever be able to afford on her wedding day. This envy directed at the relative freedom/wealth of the kisaeng by women who faced greater socioeconomic constraints was given cultural expression through the adoption of elements of the kisaeng's fashion in the fashions of both noblewomen and humble women in old korea. The luxurious Kache sported by the kisaeng had in fact been borrowed from the habitual attire of upper-class women. So to distinguish themeselves from the kisaeng, they began to abandon these elaborate hairstyles in favor of traditional ceremonial hoods (Nel-ul-a thin black women's hood) and coronets (Suegaechima). This supposed reaction to the abuse of the Kache by the kisaeng still remained influenced by the kisaeng still remained influence by the kisaeng, however, as these headdresses became adorned with many more jewels and decorations, in imitation of the kisaeng's adaptations of the coronet. At the same time, noblewomen began sporting the Jangwue ; a headdress previously worn only by kisaeng and lower class women, and lower class women were then permitted to wear the Kache at weddings. All women behan to wear shorter, tighter Jogori jackets, and to add volume to their skirts. They also attached frills to their under-garments in imitation of the kisaeng's exposed petticoats and pantaloons. The impact of kisaeng fashions was thus deep and widespread, and can be understood as an expression of women's longing for freedom from socioeconomic constraints in the late Chosun dynasty. This study adopts an interdisciplinary ap-proach to the understanding of historical changes in women's fashions. Such interdisciplinary work can greatly enrich the study of fashion, often narrowly focused on clothing morphology and broad generalizations about society. For this reason, specific dynamics of feminine psychology in the late Chosun dynasty were elaborated in this study, to provide a deeper under-standing of the changes in fashion underpinned by them. If more such detailed analyses are undertaken, a whole new understanding of changes in fashion can be generated, and perhaps a transformation of the field of fashion history can be ultimately achieved.

• Tuberculosis and Respiratory Diseases
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• v.41 no.6
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• pp.624-631
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• 1994

Background: Genus of Aspergilli are ubiquitous saprophytic molds in nature, but its change from a saprophytic fungus to a pathogenic organism has occurred since the use of various antibiotics. The fungus affects the chronically ill and debilitated population. Recently frequency of the fungal infection is increasing in Korea with abuse of antibiotics and glucocorticoids. Method: We analyzed medical records of 52 patients with pulmonary aspergillosis seen at Hanyang University Hospital from 1980 to 1994. The results were as follows; Results: 1) Ages ranged between second to eighth decades with majority(50%) in the fourth to fifth decades. The male to female ratio was 1.1:1. 2) Hemoptysis and productive cough, the leading symptoms, occurred in 42.3% and 25% respectively. 3) On chest X-ray fingings, the characteristic "fungus ball" pattern were observed in 53.8% of the 52cases. 4) Sputum culture for aspergilli were positive in 21.6% of the cases. We performed fine needle aspiration in 22 patients and the diagnostic yield was 100%. 5) Thirty-six patients had history of treatment with antituberculous drugs under diagnosis of pulmonary tuberculosis for an average of 27.3 months. But sputum analysis for acid-fast bacilli were positive in 5.6%(2cases of 36cases), and postoperative pathologic findings showed that 38.9%(12 cases of 28cases) were combined with tuberculosis. 6) Right upper and left upper lobes were predominantly involved(34.6% and 19.2% respectively) and lobectomies were performed in 21 cases. 7) Underlying diseases were present in 47 cases and 48.9% of them were pulmonary tuberculosis. Conclusion: These results showed that pulmonary aspergillosis usually develops in patients with open cavitary pulmonary tuberculosis. And we must consider the possibility of pulmonary aspergillosis in a patient with hemoptysis and cavitary lung lesion.