• Journal of Arbitration Studies
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• v.23 no.3
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• pp.81-99
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• 2013

One of the most defining characteristics of arbitration is that an arbitral tribunal's jurisdiction is established by parties' mutual agreement. If a party to the arbitral proceedings believes that a tribunal constituted lacks jurisdiction to conduct the arbitral proceedings, it may challenge the jurisdiction of the tribunal in different ways. Although the concept of kompetenz-kompetenz and the grounds to challenge the Tribunal's jurisdiction are readily accepted in the arbitration community, what parties often fail to observe is the time limit imposed by the relevant laws in bringing such objections. This article aims to examine several main ways of challenging the tribunal's jurisdiction and the applicable time limits in each scenario. The article will then focus on the consequences of a party's failure to adhere to the strict time limits and its effect at the post-award stage. These issues will be considered in the light of case law from different Model law jurisdictions with particular illustrations from the arbitration law of Singapore.

• Journal of the Korea Concrete Institute
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• v.12 no.5
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• pp.81-92
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• 2000

A fixed angle softened truss model has been developed in order to predict both shear strength and deformation of reinforced concrete members. The model takes into account the contribution of concrete by accuming the angle of cracks in the postcracking concrete that coincides with the reinforced concrete principal compressive angle determined by the applied stresses. Therefore, this model is capable of predicting the contribution of concrete from the govering equilibrium and compatibility equations including the shear stress and strain developed along concrete diagonal crack. However, the model has a limiting range to be applicable for reinforced concrete members. This research proposes a new algorthm of fixed angle softened truss model capable of removing the limitation of applicability. The proposed algorithm adopts a new conception of constitutive laws. The average normal stresses of concrete in the x- y- directions can be calculated by transforming the principal stresses of concrete. The proposed algorthm is verified by comparing to the test results.

• Journal of the Korean Society for Precision Engineering
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• v.12 no.5
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• pp.117-125
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• 1995

An improved robust control law is proposed for uncertain rigid robots. The uncertainty is nonlinear and (possibly fast) time-varying. Therefore, the uncertain factors such as imperfect modeling, friction, payload change, and external disturbances are all addressed. Based on the possible bound of the uncertainty, the controller is constructed. For uncertain flexible-joint robots, some feedback control terms are then added to the proposed robust control law in order to stabilize the elastic vibrations at the joints. To show that the proposed control laws are indeed applicable, the stability study based on Lyapunov function, a singular perturbation approach, and simulation results are presented.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2020.06a
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• pp.36-37
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• 2020

The government seismic retrofit project for educational facilities is progressing more actively due to the 2018 Pohang earthquake. It is most important that seismic retrofit constructions are conformed to seismic design to achieve the desired purpose of the project as reduce direct damage caused by earthquake. However, the construction supervision system is not mandatory for the retrofit construction site of small buildings including school buildings according to applicable laws and regulations. The purpose of this study was to develop a guide for constructions management of school building seismic retrofit. In order to achieve this goal, the survey on the construction site was conducted and various problems related to the construction site of school building seismic retrofit was derived Additionally, the systematic checklist was presented according to the user and seismic reinforcement method.

• Journal of the Korean Society for Precision Engineering
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• v.14 no.7
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• pp.73-81
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• 1997

An new class of robust position/force hybrid control law is proposed for uncertain robot manipulators. The uncertainty is nonlinear and (plssibly fast) time-varying. Therefore, the uncertain factors such as imper- fect modeling, friction, payload change, and external disturbance are all addressed. Based on the possible bound of the uncertainty, the controller is constructed and the stability study based on Lyapunov function is presented. To show that the proposed control laws are indeed applicable, the theoretical result is applied to a SCARA-type robot manipulator and simulation result is presented.

• Journal of KIISE
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• v.44 no.9
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• pp.918-931
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• 2017

Recently, the spread of smartphones and various wearable devices has led to increases in the accumulation and usage of personal information. As a result, privacy protection has become an issue. Even though there have been studies and efforts to improve legal and technological security measures for protecting privacy, personal information leakage accidents still occur. Rather than privacy requirements, analysts mostly focus on the implementation of security technology within software development. Previous studies of security requirements strongly focused on supplementing the basic principles and laws for privacy protection and securing privacy requirements without understanding the relationship between privacy and security. As a result, personal information infringement occurs continuously despite the development of security technologies and the revision of the Personal Information Protection Act. Therefore, we need a method for eliciting privacy requirements based on related privacy protection laws that are applicable to software development. We also should clearly specify the relationship between privacy and security. This study aims to elicit privacy requirements and create privacy assurances cases for Privacy Friendly System development.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.21
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• pp.129-151
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• 2003

Nowadays even if environment of international commercial transaction is changing quickly municipal law could not meet with such change accordingly. So far, however, efforts towards unification have prevailingly taken the form of binding instruments, such as non-national or supranational legislation, international conventions or international model laws. Among them, the UNIDROIT Principles with parties' autonomous and yet non-binding character do not only meet the substantive requirements of a true law merchant. In addition they also counter some of the main points of criticism against the modern lex mercatoria. As such the Principles constitute a cornerstone in the lex mercatoria debate and may become the heart of the new lex mercatoria. The purpose of this article is to ask whether there could be applied the Principles in international commerce. For the purpose it is to investigate when the Principles are applied in international commerce and how effectively the Principles are applied for the decision in international commercial disputes. Even though the Principles are used for reference by parties involved for the voluntary regulation of their contract, it is sufficiently expected that the Principles are to be a stepstone of uniform contract law in international commerce. Until now cases of appling the Principles are not satisfied with its expectation as a source of non-legislative means of unification or harmonization of law. Given the party's autonomy in the contract, this is among other things because business parties are strongly tend to observe their national laws in their international commerce. And also, even though there are a number of neutral and uniform regulations for international commercial contracts, parties do not often recognize their usefulness with being up to expectation. In order to explore the applicability of the Principles a number of cases of ICC International Court of Arbitration and others are quoted.

• Proceedings of KOSOMES biannual meeting
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• 2006.11a
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• pp.15-24
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• 2006

The hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good reason to believe that the ship has vi-olated the laws and regulations of that State. Such pursuit must be commenced when the foreign ship or one of its boats is within the internal waters, the archi-pelagic waters, the territorial sea or the contiguous zone of the pursuing State, and may only be continued outside the territorial sea or the contiguous zone if the pursuit has not been interrupted. It is not necessary that, at the time when the foreign ship within the territorial sea or the contiguous zone recevies the order to stop, the ship giving the order should likewise be within the territorial sea or the contiguous zone. If the foreign ship is within a contiguous zone, as defined in article 33, the pursuit may only be undertaken if there has been a vio-lation of the rights for the protection of which the zone was established. The right of hot pursuit shall apply mutatis mutandis to violations in the ex-clusive economic zone or on the continental shelf, including safety zones around continental shelf installations, of the laws and regulations of the coastal State applicable in accordance with this Convention to the exclusive economic zone or the continental shelf, including such safety zones.

• Journal of the Korean Society for information Management
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• v.34 no.1
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• pp.263-289
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• 2017

The purpose of this study is to enhance the understanding of the provisions for library exceptions in copyright laws and to suggest the direction for the revision of provision in the Copyright Act of Korea. This study compares and analyzes the provisions for library exceptions in several countries' copyright law including Korea, Japan, UK, Australia and USA. This study found that the most common issues in library exception provisions are providing reproduction for users, reproduction for preservation, reproduction for interlibrary loan and digitization of library collections but the conditions for each issue are quite different. The suggestions for the revision of the library exceptions in the Copyright Act of Korea are as follows: changing the amount of reproduction of unpublished works, of works which cannot be obtained at a fair price and of periodicals for users, the transmitting digital reproduction to the user under limited conditions, preparing conditions for reproduction for preservation in libraries, preparing the applicable provisions for reproductions for interlibrary loans and for the limitation of works to be digitized and extending their use at the same time.

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.3-31
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• 2011

In response to complexity and diversity of a social phenomenon, the dispute also is various, therefore can not be settled efficiently by means of court adjudication to which applies a law strictly. To overcome such problems we are going to seek to make use of arbitration. According to Korean Arbitration Act Art. 3 (1), any dispute in private laws would be the object of arbitral proceedings. It could be the object of arbitral proceedings that disputes which are capable of a settlement by arbitration. It is a matter for debate that disputes containing punitive damages may be resolved by arbitration. This problem is concerning the arbitrability of the subject-matter of a dispute. To offer some solution to these issues, it is necessary to inquire into the nature of punitive damages. the policy and function of alimony, the fair apportionment of a loss. Moreover, international relations formed with international transactions should be considered. Punitive damages would be the object of arbitral proceedings as the dipute in private laws. When punitive damages pursue only punishment in the domestic arbitration that there is not foreign factors, arbitral tribunal could not make arbitral award containing punitive damages. However, if punitive damages are admitted under the rules applicable to substance of dispute, and there is the arbitration agreement in which is implied that the parties agree to submit to an arbitral award, arbitral tribunal could make arbitral award containing punitive damages in international arbitration. When it is questionable whether it is offend against our public policy or not, that we accept the effect of arbitral award containing punitive damages, and we admit the enforcement of it, we have to take the nature of punitive damages, the policy and function of alimony, the fair apportionment of a loss and the stability of international transactions into consideration.