• 제목/요약/키워드: Article 28

검색결과 475건 처리시간 0.022초

공기업의 ICSID 중재 신청과 관할권 성립: BUCG v. Yemen 사건을 중심으로 (State-Owned enterprises as ICSID claimants and establishment of jurisdiction: The Decision on Jurisdiction in BUCG v. Yemen)

  • 장석영
    • 한국중재학회지:중재연구
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    • 제28권1호
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    • pp.27-42
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    • 2018
  • Due to the increasing number of foreign investments made by state-owned enterprises, there has been a growth in the number of investment arbitration claims submitted by them. However, international investment treaties including the ICSID Convention are intended to apply to investor-state disputes and according to Article 25 of the ICSID Convention, the claimant has to be "a national of another Contracting State." This raises the question of whether state-owned companies can be considered as "nationals of another Contracting State" or private investors. This issue has been discussed in the ICSID Decision on Jurisdiction in BUCG v. Yemen which has been released in 2017. Since there would be more claims related to the standing of state-owned enterprises as claimants, it is required to understand whether state-owned enterprises could be permitted access to the ICSID under the ICSID Convention Article 25. Moreover, the ICSID cases addressing the jurisdictional issues including BUCG v. Yemen has to be closely analyzed. In particular, as the Broches test was applied in order to decide the standing of state-owned companies, it is necessary to examine how the Broches criteria has been interpreted and adopted in the ICSID cases.

전력계통한계가격(SMP)과 기저발전비율, LNG도입가격, 환율 간 인과관계 분석 (An Analysis on the Causal Relation Among SMP, Base-Load Share, LNG Import Price, and Exchange Rate)

  • 박민혁;문양택;박중구
    • 조명전기설비학회논문지
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    • 제28권7호
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    • pp.97-105
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    • 2014
  • This article examines the causality relationship among SMP, base-load share, LNG import price, and exchange rate in Korean power market during 2002~2012, using unit root test, cointegration test, and vector error correction model(VECM). The cointegration test shows that 4 variables without unit root have been in the long-run causality. As the results of ECM, SMP is analyzed to have been unilaterally caused from LNG import price and base-load share in the shot-run, while it has been unilaterally caused from LNG import price and exchange rate in the long-run. This article has the following policy implications: the adjustment of exchange rate to reduce he risk of LNG import price and the proper securement of base-load share for the long-run stability of SMP.

KISTI-ACOMS를 기반으로 한 대한치과보존학회 온라인논문투고관리시스템 개발 (THE DEVELOPMENT OF KACD(KOREAN ACADEMY OF CONSERVATIVE DENTISTRY) ONLINE ARTICLE CONTRIBUTION MANAGEMENT SYSTEM BASED ON KISTI-ACOMS)

  • 박재원;강무영
    • Restorative Dentistry and Endodontics
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    • 제28권6호
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    • pp.504-510
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    • 2003
  • Societies are important sources of new information for users. However. most of these societies still rely on traditional. or rather ancient methods for gathering and servicing the information. Furthermore. most of the societies are trying to electrify processes such as managing members and paper submission as well as the process managing the information for service but are limited due to financial and technical reasons. Therefore. KISTI(Korea Institute of Science and Technology Information) has developed the $\mathbb{\ulcorner}$ KISTI-ACOMS(KISTI-Article COntribution Management System)$\mathbb{\lrcorner}$ as part of the national project for automating the process of processing academic information by societies. in order to convert journals published by academic societies in Korea into an electronic form and make them accessible on the Internet. This system has been developed in the year 2001 and has since been distributed to societies free of charge. The number of societies requesting the service has risen recently. which prompted us to take more recommendations of the societies that adopt this system into account in expanding and standardizing the area of service being provided by the system.

Review of Types, Properties, and Importance of Ferrous Based Shape Memory Alloys

  • Rahman, Rana Atta Ur;Juhre, Daniel;Halle, Thorsten
    • 한국재료학회지
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    • 제28권7호
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    • pp.381-390
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    • 2018
  • Shape memory alloys(SMAs) have revolutionized the material engineering sciences as they exhibit exclusive features i.e. shape memory effect(SME) and super-elasticity. SMAs are those alloys that when deform return to their predeformed shape upon heating, they also restore their original shape by removing the load. Research on properties of newly advent of several types of ferrous based shape memory alloys(Fe-SMAs), shows that they have immense potential to be the counterpart of Nitinol(NiTi-SMA). These Fe-SMAs have been used and found to be effective because of their low cost, high cold workability, good weldability & excellent characteristics comparing with Nitinol(high processing cost and low cold workability) SMAs. Some of the Fe-SMAs show super-elasticity. Fe-SMAs, especially Fe-Mn-Si alloys have an immense potential for civil engineering structures because of its unique properties e.g. two-way shape memory effect, super elasticity and shape memory effect as well as due to its low cost, high elastic stiffness and wide transformation hysteresis comparative to Nitinol. Further research is being conducted on SMAs to improve and impinge better attributes by improving the material compositions, quantifying the SMA phase transition temperature etc. In this research pre-existing Fe-SMAs are categorised and collected in a tabulated form. An analysis is performed that which category is mostly available. Last 50 years data of Fe-SMA publications and US Patents is collected to show its importance in terms of increasing research on such type of alloys to invent different compositions and applications. This data is analysed as per different year groups during last 50 years and it was analysed as per whether the keywords exist in title of an article or anywhere in the article. It was found that different keywords related to Fe-SMAs/categories of Fe-SMAs, almost don't exist in the title of articles. However, these keywords related to Fe-SMAs/categories of Fe-SMAs, exist inside the article but still there are not too many publications related to Fe-SMAs/categories of Fe-SMAs.

정박선과 항해선의 충돌사고 시 항법적용에 관한 쟁점 연구 - 중앙해양안전심판원 제2015-001호 재결 사례를 중심으로 - (A Study on the Legal Issue of the Application of Navigation Rule for a Collision between Sea-going Vessels and Vessels at Anchor -Focused on Central Maritime Safety Tribunal Decision 2015.1.23. Case No 2015-001-)

  • 박성호;홍성화
    • 수산해양교육연구
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    • 제28권6호
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    • pp.1761-1771
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    • 2016
  • In respect of the existing relation between Sea-going Vessels and Vessels at anchor, Korean Maritime Safety Tribunal has applied 'Ordinary Practice of Seamen' that is regulated by the article No. 2 of COLREG. That is, general navigation rule is not applied between the two vessels, and the action to avoid collision of vessels by utilizing experience knowledge of the seamen. However, the content of the Ordinary Practice of Seamen included in the revised plan in the process of 2011 "Maritime affairs Safety Act" revision was deleted in the screening of the Office of Legislation due to the reason that it could not specified when the content of deed is not concertized. Furthermore, prior application regulation of international treaty included in the existing "Sea Traffic Safety Act"(Article 5) was deleted in the screening of the National Assembly. So, doubt about whether the Ordinary Practice of Seamen could be continuously applied according to the regulation of the international treaty, nevertheless not specified in domestic law, has been continuously raised. In this situation, recently Central Maritime Safety Tribunal changed precedent by applying of Article 96(3) of Maritime Safety Act without applying Ordinary Practice of Seamen in the Case No. 2015-001. Accordingly, this study intended to review propriety of precedent change and legal issue with the decision of Central Maritime Safety Tribunal excluding Ordinary Practice of Seamen for a collision between Sea-going Vessels and Vessels at anchor.

수협공제(水協共濟)의 보상제도(補償制度)에 관한 법적(法的) 연구(硏究) (A Legal Study on Indemnification of Korean Mutual Insurance of Fisheries Cooperatives)

  • 차철표;박용섭
    • 수산해양교육연구
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    • 제5권2호
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    • pp.98-109
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    • 1993
  • By the Article 28 of the Korean Fishing Vessels Act and the Article 47-1 of the Enforcement Ordinance of the Act, fishing vessels over 5 gross tone must be insured the fishing vessels mutual insurance or marine insurance. Therefore the distant-water fishing vessels and vessels registered with Classification Society can be insured to the marine insurance, and non-registered vessels and the small fishing vessels can be insured to the fishing vessels mutual insurance of Fisheries Co-operatives. Moreover, the shipowners of fishing vessels over 5 gross tons to be insured a liability insurance for their crew, and it is to compensate effectively the crewman's accidents prescribed in the Seaman's Act. The shipowner's Liability Insurance to be insured the seaman's Compensation Insurance or the seaman's mutual insurance of the Fisheries Co-operatives and the Protection and Indemnity but they still involve lots of problems to cover the crewman's accidents reasonably. The author's views on the improvement way of the fisheries mutual insurance system are as follows. 1. The size of fishing vessels over 5 gross tons prescribed by the Article 28 of the Fishing Vessels Act must be revised into over 1 gross tons. And the regulations concerning penalties against nonfulfilment of the regulation must be strengthened in order to have legal effectiveness. 2. The level of the government subsidy for the fisheries mutual insurance must be raised up from the large point of view for protection of fishermen. It is concluded that the Government have to take charge of the remutual insurance in order to develop the fisheries mutual insurance system. 3. The mutual insurance system of fish catch have to be executed in order to guarantee the stable income for fishermen on the base of the amount of money by fish catch in the previous year.

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대한외상학회지에 게재된 문헌들의 추세: 계량서지학과 인용을 이용한 분석 (Trends in Article Published in the Journal of Trauma and Injury: Bibliometric and Citation Analysis)

  • 예진 허치슨;차현민;오재훈;강형구;임태호;이윤재;강보승;김창선;최혁중
    • Journal of Trauma and Injury
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    • 제28권3호
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    • pp.182-189
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    • 2015
  • Purpose: We performed a quantitative and qualitative analysis in the Journal of the Korean Society of Traumatology (JKST) by Bibliometrics to know the trends of articles. Methods: We reviewed articles in the JKST retrospectively through 1988 to 2014. Articles were classified into original articles, case reports, review articles, and also it is further classified as topics and the information related to the Department of Medicine of corresponding author. Original article was classified prospective and retrospective studies. Results: 753 studies and average of 27.9 studies per year were posted on JKST. 576 original articles (76.5%) were posted. Retrospective studies around 449 studies (78%) were posted and there were about 35 descript studies and 541 analytic studies. The most common themes were related to abdominal trauma, 144 pieces, 95 pieces following damage to the chest and the 84 pieces of special order of trauma. Emergency department had the highest case whereas general surgery came to the second place. Conclusion: Recently, there has been reduced proportion of original article in JKST. It was not possible to evaluate the Korea Citation index journals due to the fact that it does not correspond to listed register Journal of National Foundation of Korea. There will be the need for the effort to improve the maintenance of the posted article number, as well as the qualitative development of the posted articles.

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Compilation of liquefaction and pyrolysis method used for bio-oil production from various biomass: A review

  • Ahmad, Syahirah Faraheen Kabir;Ali, Umi Fazara Md;Isa, Khairuddin Md
    • Environmental Engineering Research
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    • 제25권1호
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    • pp.18-28
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    • 2020
  • In this paper the authors provide comparative evaluation of current research that used liquefaction and pyrolysis method for bio-oil production from various types of biomass. This paper review the resources of biomass, composition of biomass, properties of bio-oil from various biomass and also the utilizations of bio-oil in industry. The primary objective of this review article is to gather all recent data about production of bio-oil by using liquefaction and pyrolysis method and their yield and properties from different types of biomass from previous research. Shortage of fossil fuels as well as environmental concern has encouraged governments to focus on renewable energy resources. Biomass is regarded as an alternative to replace fossil fuels. There are several thermo-chemical conversion processes used to transform biomass into useful products, however in this review article the focus has been made on liquefaction and pyrolysis method because the liquid obtained which is known as bio-oil is the main interest in this review article. Bio-oil contains hundreds of chemical compound mainly phenol groups which make it suitable to be used as a replacement for fossil fuels.

FIDIC 표준계약조건상(標準契約條件上)의 분쟁해결(紛爭解決)에 관한 연구(硏究) (A Study on the Settlement of Disputes in FIDIC Contracts)

  • 최명국
    • 무역상무연구
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    • 제27권
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    • pp.3-28
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    • 2005
  • It is common that several kind of claims between the parties are arising in carrying out international construction works. Therefore, it is very important for them to settle the claims effectively in order to get expected profits and purposes in international construction works. In this article, the author have studied on the procedures and contents on the settlement of claims between the parties based on the FIDIC contracts for major works which are newly prepared in 1999 by FIDIC. Especially, the arbitration clause in the FIDIC contracts for major works attempts to deal with a number of complex contractual and legal matters, sometimes in a very harsh way, e.g. by cutting off a party's rights. It has never been an easy clause to understand or to observe. Nevertheless, the author hopes he has been able in this article to clarify for the reader some of the issues raised by it. I'd like to suggest that our overseas construction companies refer to the FIDIC contracts for major works(especially article 20 : claims, disputes and arbitration) directly or indirectly for their contract of international construction works with overseas employers.

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급성 약물중독 환자에서 위세척의 의료법학적 고찰 -대법원 2005.1.28, 2003다1419 판결을 중심으로- (Medico-legal Consideration of Gastric Lavage in Acute Intoxicated Patients -In the Supreme Court 2005.1.28, 2003da14119)

  • 배현아
    • 대한임상독성학회지
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    • 제3권1호
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    • pp.1-10
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    • 2005
  • Gastric lavage is now known to be ineffective, unnecessary or hazardous in some circumstances where it used to be performed as a routine. This article concerns the medico-legal aspect of forced gastric lavage. The Supreme Court 2005.1.28, 2003da14119 is the case where a patient, who ingested the organophosphate insecticide to attempt suicide and refused lavage. At first we discuss the effectiveness or hazards of lavage because a very high degree of proof -of negligence, not error of clinical judgment - would be required. Lavage, with or without the informed consent, performed negligently which result in harm could, of course, give rise to a claim in negligence. A doctor might also be held negligent in failing to perform an act which he/she had a duty to perform.

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